067-09Action:
BOARD OF SUPERVISORS: May 27, 2009 ❑ APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article IV Supplementary Use Regulations - To
Add Outdoor Lighting Standards
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — to add outdoor lighting standards.
WHEREAS, The Development Review and Regulations Committee (DRRC)
recommended approval of this amendment on August 28, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on May 20, 2009;
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, — to add outdoor lighting standards.
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, to add outdoor lighting standards.
05/27/09 BOARD ACTION: Referred Back to Staff
Passed this 27th day of May, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Gary A. Lofton
Gary W. Dove Bill M. Ewing
Gene E. Fisher Charles S. DeHaven, Jr.
Philip A. Lemieux
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
BOS Res. #067 -09
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner
Subject: Board of Supervisors Discussion — Outdoor Lighting
Date: May 21, 2009
540/665 -5651
FAX: 5401665 -6395
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. It 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 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 Sheriffs 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.
107 North Kent Street, Suite 202 - Winchester, Virginia 22601 -5000
Page 2
Frederick County Board of Supervisors
Re: Outdoor Lighting Discussion
May 21, 2009
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 prevention
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
ordinance, it should be noted that enforcement will be handled by the Planning Department.
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 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 tent amendment;
attached is a resolution directing the item to public hearing should the Board deem it appropriate.
Attachment: 1. Proposed Ordinance and Definitions.
CEP/bad
Draft - Outdoor Lighting Standards - May 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. High intensity beams, such as, but not limited to, outdoor
searchlights, lasers or strobe lights shall be prohibited.
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) and 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. On properties zoned RA (Rural Areas)
primarily used for agricultural or residential uses, light fixtures shall not be mounted
more than thirty -five (35) feet in height above the finished grade.
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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 off -site. Non - cutoff wall pack
lighting fixtures shall not be permitted.
6. Except for internally illuminated signs, the use of lighting fixtures, which are enclosed in
clear or translucent white, off -white or yellow casing, shall not be permitted on the
roofs of buildings or on the sides of canopies.
7. 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.
8. 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 manufactures 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.
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c) Photometric data, such as that furnished by manufactures, or similar showing the
-- angle cut -off light emissions and glare - control devices.
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
a) Five (5) foot - candies for parking lot and other areas.
b) Ten (10) foot - candles 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 - candies 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
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Draft - Outdoor Lighting Standards May 2009
b) Five (5) foot - candles at any edge of a property line adjacent to a street or road right-
of -way.
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. 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 the public
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. Residential security lighting controlled and activated by motion sensor devices.
4. Lighting for holiday decorative purposes located on property used for residential purposes.
S. 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 -1991]
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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