072-09RESOLUTION
Action:
BOARD OF SUPERVISORS: June 24, 2009 APPROVED DENIED
x
Chapter 165, Zoning, Article N, Supplementary Use Regulations and
Article XXII, Definitions and word usage
Proposed Outdoor Lighting Ordinance and Corresponding Definitions
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article IV, Supplementary Use Regulations, and
Article XXII, Definitions, pertaining to proposed outdoor lighting standards and
corresponding definitions.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended approval of this amendment on August 28, 2008 and May 20, 2009; and
WHEREAS, the Planning Commission discussed the draft ordinance on October 15,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding amendments to Chapter
165, Zoning, Article IV, Supplementary Use Regulations, and Article XXII, Definitions,
pertaining to proposed outdoor lighting standards and corresponding definitions.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider revisions to Chapter 165, Zoning, Article IV, Supplementary Use
Regulations, and Article XXII, Definitions, pertaining to proposed outdoor lighting
standards and corresponding definitions.
Passed this 24th day of June, 2009 by the following recorded vote:
�- This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COP ATTEST
Fredfidic k County Administrator
BOS Res. 4072 -09
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM 540/665 -5651
FAX: 540/665-6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner tlt4
Subject: Board of Supervisors Discussion — Outdoor Lighting
Date: June 17, 2009
Outdoor lighting in Frederick County is currently regulated under the nuisance element of the
ordinance. The Nuisance element (§165-35) states that "outdoor lighting shall be arranged to deflect
glare away from adjoining properties and public streets. Sources of lighting on a lot shall be hooded
or controlled to prevent glare beyond the lot line ". Over the past few years, staff has encountered
multiple new developments consisting of office buildings, shopping centers and industrial sites that
have had excessive lighting and have thus resulted in complaints about the lighting sources, levels
and height of the fixtures. Staff has been successful in working with property owners to shield or
replace fixtures that have created issues, but this obviously occurs after the property owner has
installed the lighting.
These standards are intended to address lighting at the beginning of the process, during the site
planning and design process, prior to fixture installation. Once implemented, these standards should
avoid lighting complaints and the resulting additional expense for the property owner to replace
previously installed fixtures. The draft standards include elements that will apply to all outdoor
lighting as well as portions that apply to nonresidential uses (commercial /industrial, etc.), as well as
multifamily uses and residential parking lots. New definitions that correspond to the lighting
standards are included as well. It should be noted that these proposed standards will not require sites
to install lighting and does not require minimum lighting standards which is typically regulated by
the private sector. These proposed standards will place thresholds on the maximum amount of
lighting permitted on a site, regulate the type of fixtures permitted and the maximum mounting
height of fixtures.
The Planning Commission discussed the revised ordinance at their meeting on May 20, 2009. The
Planning Commission was satisfied with this ordinance and forwarded a favorable recommendation
to the Board of Supervisors. The Board of Supervisors discussed this revised ordinance at their May
27, 2009 meeting. Concerns were expressed over lighting in the rural areas were expressed as well
as spotlighting, minimum lighting levels and recreational lighting. The draft standards have been
revised to address the concerns expressed during the discussion as follows:
• Lighting in the Rural Areas/Residential Security Lighting — This type of lighting has been
included in Section G — Lighting Exemptions. The proposed exemption will apply to
lighting located on properties developed with residential uses or agricultural uses, including
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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Frederick County Board of Supervisors
Re: Outdoor Lighting Discussion
June 17, 2009
but not limited to residential security lighting controlled and activated by motion sensors or
timing devices. This exemption would apply to pole and building mounted lighting fixtures.
• Directional Fixtures - Directional fixtures (spotlights, strobe lights, high intensity beams)
has been clarified to state that they are not permitted for advertisement purposes and that
when permitted the fixtures shall be installed or aimed so that they do not shine onto adjacent
properties, road right -of -ways, or skyward.
• General Outdoor Lighting — Section B.5 has been revised to state that the light source for
building mounted or wall pack lighting fixtures cannot be visible from adjacent properties or
road right -of -ways. Building mounted lighting remains at 25'; IESNA recommends that this
type of lighting be placed at that height or lower.
• Outdoor Lighting Standards for Nonresidential Uses -Section D.l revised changes "other
areas" to "loading areas".
• Recreational Facilities - A new section that addresses lighting Standards for Recreational
Facilities in all Zoning Districts has been included.
• Exemptions - Section G. 1 was revised to include private right -of -ways
• Conditional Use Permits A conditional use permit approved for a nonresidential use would
have to conform to sections B and D for building and parking lot lighting.
Background
The Development Review and Regulations Committee (DRRC) first considered this item at their
June 2008 meeting. At the June meeting, the Commission had a few comments regarding the text
and wanted to discuss the proposed amendment at the next meeting. After this meeting, the
proposed ordinance was revised to address DRRC concerns as well as comments provided by the
County Attorney. The DRRC discussed the proposed ordinance again at their August 28, 2008
meeting. The Planning Commission discussed this item on October 15, 2008 and was supportive of
the amendment. The Board of Supervisors then discussed this item at their meeting on October 22,
2008. The Board expressed concerns over lighting sources and the basis for proposed lighting levels,
issues regarding canopy lighting as well as concerns over whether the Sheriff's Department was
comfortable with this ordinance. Ultimately, the Board of Supervisors requested that the draft
ordinance be sent back to the Planning Commission for further discussion.
Since the Board of Supervisors discussion, there have been some changes to the proposed standards.
The ordinance was revised to be in conformance with the standards outlined by the Illuminating
Engineering Society of North America ( IESNA), as recommended by a lighting engineer. The
IESNA is the recognized authority on outdoor lighting. Primarily, this change resulted in the
reduction of the high security lighting maximum levels from 30 to 20 foot - candles. It should be
noted that the remaining lighting levels in the draft ordinance were consistent with the IESNA
standards. The canopy lighting portion was revised to require that light sources be completely
shielded from public rights -of -way or adjacent properties as requested by a Board of Supervisors
comment. This ordinance has also been reviewed by a Crime Prevention Through Environmental
Design ( CPTED) Planner from Henrico County. CPTED deals with aspects of crime preventions
such as adequate nighttime lighting. This ordinance was also provided to the Airport Authority who
agreed that lighting such as strobes, searchlights and lasers should be prohibited. With this proposed
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Frederick County Board of Supervisors
Re: Outdoor Lighting Discussion
June 17, 2009
ordinance, it should be noted that enforcement will be handled by the Planning Department.
Attachment and Direction
The attached documents show the proposed outdoor lighting ordinance as well as proposed
definitions that correspond to the ordinance. This item is presented for discussion. Staff is seeking
comments and direction from the Board of Supervisors on this Zoning Ordinance text amendment;
attached is a resolution directing the item to public hearing should the Board deem it appropriate.
Attachment: 1. Proposed Ordinance and Definitions - revisions since the May 27 th Board of
Supervisors discussion are shown in underlined bold red italics.
2. Resolution.
CEP/bad
Draft - Outdoor Lighting Standards - June 2009
Outdoor Lighting Standards.
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts
of glare, light trespass and overlighting; promote safety and security; and encourage energy
conservation.
A. Application and General Provisions.
1. Except as provided in F of this Section, these standards shall apply to the installation of
new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a
fixture shall mean a change of fixture type or change to the mounting height or location
of the fixture. Routine lighting fixture maintenance, such as changing lamps or light
bulbs, ballast, starter, photo control, housing, lenses and other similar components,
shall not constitute replacement and shall be permitted provided such changes do not
result in a higher foot - candle output.
B. General Outdoor Lighting Standards.
1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained
to shield adjacent properties and to not produce glare onto adjacent properties or
roadways. Parking lot fixtures and light fixtures on buildings shall be full cut -off fixtures.
Within residential developments the Zoning Administrator may approve alternate
parking lot fixtures so long as the intent of the ordinance is met.
2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited. Directional fixtures for advertisement purposes, such as but
not limited to h igh intensity beams, lasers or strobe lights shall be prohibited. When
permitted, directional fixtures shall be installed or aimed so that they do not shine
onto adjacent properties, road right -of -ways, or skyward.
3. Light fixtures, including mounting base, shall not be more than twenty -five (25) feet in
height above finished grade unless the Zoning Administrator determines that an
increase in height, not to exceed ten (10) additional feet, would reduce the total
number of light fixtures for the site and still meet the intent of the Ordinance. On land
in the M1 (Light Industrial), M2 (Industrial General) and EM (Extractive Manufacturing)
Zoning Districts that is contained within an approved master development plan, the
Zoning Administrator may allow light fixtures to exceed 35 feet in height if additional
security is required, provided that the site is not adjacent to property used for
residential or agricultural uses. In no case shall light fixtures in the M1, M2 and EM
Districts exceed 45 feet in height.
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Draft - Outdoor Lighting Standards - June 2009
4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall
be placed within landscaped islands or in the perimeter green space of the site.
5. Building mounted or wall pack lighting fixtures shall not be mounted more than twenty -
five (25) feet above the finished grade of the building. These fixtures shall be shielded
(full- cutoff) so that the light source is not visible from adjacent properties or road right
-
of-ways. Non -cutoff wall pack lighting fixtures shall not be permitted.
6. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the vision of drivers on such streets.
7. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole,
pedestal or platform, spotlighting or floodlighting used for architectural or landscape
purposes, shall consist of full cut -off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the
object intended to be illuminated. Directional control shields shall be used where
necessary to limit stray light.
C. Photometric Plan Requirements
1. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site
plan required by Article XIX or Subdivision Design Plan as required by Chapter 144 of the
Frederick County Code. Photometric plan submitted with site plans shall be current (less
than 30 days old) and must be certified by the National Council on Qualifications for the
Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect,
landscape architect or land surveyor.
2. All such required plans shall include the following:
a) Plans indicating the location on the premises of all lighting fixtures, both proposed
and already existing on the site, including a schematic layout of proposed outdoor
lighting fixture locations that demonstrate adequate intensities and uniformity, and
the light coverage resulting from the proposed lighting layout.
b) Description of all lighting fixtures, both proposed and existing, which shall include
but are not limited to catalog cuts and illustrations by manufacturers that describe
the equipment, including, lamp types, wattage and initial lumen outputs, glare
control devices, lamps, proposed placement of all fixtures, including engineering
detail of fixtures, manufacturer, model and installation of same.
c) Photometric data, such as that furnished by manufacturers, or similar showing the
angle cut -off light emissions and glare - control devices.
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Draft - Outdoor Lighting Standards - June 2009
d) Mounting height of all fixtures.
D. Outdoor Lighting Standards for Nonresidential Uses.
1. The average maintained lighting levels for nonresidential uses shall not exceed the following
standards, unless a lower limit is set forth in this subsection:
a) Five (5) foot - candles for parking lots and loading areas.
b) Ten (10) foot - candies along fronts of buildings and along main drive aisles.
c) Twenty (20) foot - candles for high security areas, such as, but not limited to teller
machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but
not including parking lots.
2. Light fixtures under fuel station canopies or any other canopy shall consist of full cut -off
lighting fixtures where the light source is either completely flush or recessed within the
underside of the canopy. The portions of the canopy not included in the sign area shall not
be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light
source is visible from or causes glare on public rights -of -way or adjacent property.
3. Lighting levels shall not exceed 0.2 foot - candles at any common property line with property
zoned, used as or planned for residential or agricultural uses. In addition all light poles shall
be equipped with supplemental opaque shielding on the residential property side of the
lighting fixture to reduce glare caused by direct light source exposure.
4. Lighting levels shall not exceed 5.0 foot - candles at any common property line with property
zoned or used for commercial or industrial uses.
5. Lighting levels shall not exceed 5.0 foot - candles at any edge of a property line adjacent to a
street or road right -of -way.
E. Outdoor Lighting Standards for Multifamily Uses and Residential Parking Lots.
1. The average maintained lighting levels for multifamily developments shall not exceed 0.5
foot - candles at property line boundaries, except as follows:
a) 0.2 foot - candles at any property line boundary with property zoned, used, or planned for
residential or agricultural purposes; and
b) Five (5) foot - candles at any edge of a property line adjacent to a street or road right -of-
way.
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Draft - Outdoor Lighting Standards - June 2009
2. The average maintained lighting levels at buildings, parking lots, and other areas besides at
property line boundaries set forth in paragraph 1 of this subsection shall not exceed ten (10)
foot - candles.
F. Liahtina Standards for Recreational Facilities in all Zoning Districts.
1. Lighted recreational facilities shall conform to the requirements set forth in the most
current editions of the Illuminating Engineering Society of North America fIESNA) RP -6
Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting
Handbook. Appropriate liahtina criteria shall be selected based on the Class of Play of the
facility and participants as defined by the IESNA.
2. No outdoor recreational facility, public or private, shall be illuminated after 11 :00 p.m.
except to conclude a specific activity, which is in progress under such illumination prior to
11 :00 p.m.
3. Liahtina fixtures shall be installed to meet the criteria of a cutoff fixture and shall include
internal and /or external glare control louvers.
4. Initial liahtina levels shall not exceed the target levels specified by the IESNA by more than
30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt
depreciation.
5. All light fixtures /light poles shall be set back a minimum of one foot for every foot in
height from any residential property line or road right -of -way.
G. Exemptions from Lighting Ordinance.
The following lighting is exempt from the provisions of this section:
1. Lighting fixtures and standards required by the Federal Communications Commission,
Federal Aviation Administration, Federal and State Occupational Safety and Health
Administrations, or other federal or state agencies, to include street lights within a public or
rip vate right -of -way.
2. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia
Department of Transportation or other emergency response agencies to perform
emergency or construction repair work, or to perform nighttime road construction on major
thoroughfares.
3. Lighting located on properties developed with residential uses (unless regulated by Section
E) or agricultural uses, including but not limited to residential security lighting controlled
and activated by motion sensors or timing devices.
4. Lighting for holiday decorative purposes located on property used for residential purposes.
5. Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
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ARTICLE XXII Definitions
§165 -156. Definitions and word usage. [Amended 11 -13 -19911
Foot - Candle — A measure of light falling on a surface. One (1) foot - candle is equal to the amount of light
generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot -
candle measurements shall be made with a photometric light meter with a specified horizontal
orientation.
Foot - Candle (Average Maintained) — The average of a number of points of foot - candle calculations or
foot - candle readings in a given area which have been adjusted to account for maintenance which
includes luminaire dirt depreciation and lamp lumen depreciation.
Glare - The sensation produced by a bright source within the visual field that is sufficiently brighter than
the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the
source, and on the brightness level to which the eyes are adapted.
Lighting Fixture — A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an
electrical components necessary for ignition and control of the lamp, which may include a ballast,
starter and /or photo control.
Lighting Fixture, Directionally Shielded — A lighting fixture which emits a light distribution where some
light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may
contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target
area and to minimize stray light.
Lighting fixture, full cut -off - A lighting fixture from which zero (0) percent of its light output is emitted
at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the
light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal.
Light fixture, recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the
light source is either completely flush or recessed within the underside of the canopy.
Light Trespass — Unwanted light going beyond the property line and spilling over onto the adjacent or
neighboring property. It can also represent the direct light (glare) that reduces a person's vision or
ability to see.
Maintained Lighting Level — A level of illumination which results when the initial output of the lamp is
reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt
accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the
maintained lighting level shall represent an average foot - candle level measured over a specified area.
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