Beech Mountain City Zoning Code
LIGHTING
§ 154.151 PURPOSE AND OBJECTIVES.
The purpose of this subchapter is to provide regulations that preserve and enhance the view of the dark sky; promote health, safety, security, and productivity; and help protect natural resources by promoting energy efficiency. The provisions of this subchapter are intended to control glare, light trespass, and the obtrusive aspects of excessive and/or careless outdoor light usage. It is the intent of this subchapter to provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undertake their activities at night, facilitate safety and security of persons and property, and curtail the degradation of the nighttime visual environment.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.152 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCENT LIGHTING. Any luminaire that emphasizes a particular object or draws attention to a particular area for aesthetic purposes.
CUT-OFF ANGLE (of a luminaire). The angle, measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare source is not visible.
FIXTURE (also called a LUMINAIRE). A complete lighting unit including the lamps, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
FOOT-CANDLE. A measure of illuminance or a measure of how bright a light appears to the eye. One foot-candle is equal to one Lumen/ft2. As an example, a typical 60-watt incandescent lamp (840 lumens) produces an illuminance of 0.1 foot-candles at a distance of about 25 feet.
FOSSIL FUEL LIGHT. Any outdoor lighting fixture producing light directly by the combustion of natural gas or other fossil fuel.
LAMP. The light-producing source installed in the socket portion of a luminaire.
LIGHT POLLUTION. General sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky.
LIGHT TRESPASS. Any light emitted by an outdoor luminaire that shines directly beyond the property on which the luminaire is installed, or indirectly shines beyond the property on which the luminaire is installed at a brightness (illuminance) that exceeds 0.1 foot-candles at the property line.
LUMINAIRE. See definition for FIXTURE.
OUTDOOR LIGHTING FIXTURE. A luminaire outside of an enclosed building or structure or any luminaire directed such that it primarily illuminates outdoor areas.
PUBLIC STREETLIGHT. A light that is erected and owned by the electric utility company, is located within the right of way of a public street or on other property owned or maintained by the town, and for which the cost of operation is borne by the town.
SHIELDING. That no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture.
SPOTLIGHT. Any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
STROBE LIGHT. A lamp that produces very short, intense flashes of light.
USE, ABANDONMENT OF. The relinquishment of a property, or the cessation of a use or activity for a continuous period of 12 months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions that constitute the principal use of the property.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.153 APPLICABILITY.
All outdoor lighting fixtures installed on private and public property shall comply with this subchapter. This subchapter does not apply to interior lighting; provided, that if it is determined by the town that any interior lighting emitting light outside of the building or structure in which it is located creates a light trespass, the interior lighting shall be subject to the requirements of this subchapter.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.154 EXEMPTIONS.
The following are exempt from the provisions of this subchapter:
(A) Light fixtures (including public streetlights) installed prior to the effective date of this subchapter, provided that:
(1) If a fixture is replaced, any replacement light fixture shall be subject to the provisions of this subchapter.
(2) Where existing, non-conforming light fixtures cause considerable disturbance, these fixtures shall be required to provide shielding and/or utilize the lowest wattage bulbs available for that fixture to the extent possible.
(B) Temporary emergency lighting (i.e. fire, police, repair workers) or warning lights.
(C) Moving vehicle lights.
(D) Navigation lights (i.e. radio/television towers) or any other lights where state or federal statute or other provision of the Town of Beech Mountain Code requires lighting that cannot comply with this subchapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute.
(E) Seasonal decorations do not have to be shielded, provided that they do not have a brightness of more than 0.1 foot-candles at the property line on which they are installed.
(F) Outdoor lighting approved by the town for temporary or periodic events (e.g. fairs, nighttime construction).
(G) Sign lighting in compliance with the town's sign regulations.
(H) Campfires, bonfires, fire pits and the like.
(I) Ski slope lighting.
(J) Exemption for temporary lighting. Any person may request of the Town Council a temporary exemption from the provisions of this subchapter.
(K) Lighting within commercial and public zoning districts (CS1, CS2, PS) shall be exempt from the restrictions on light trespass with respect to other properties within commercial or public zoning districts. A property zoned commercial or public may not install lighting fixtures that create a light trespass upon a residentially zoned property.
(L) Public streetlights that emit less than 3,000 kelvin and are of the 100 Watt High Pressure Sodium or LED lighting type shall be exempt from the restrictions on light trespass in this subchapter, provided that the Town of Beech Mountain, as financier of such lighting may request that Mountain Electric modify or remove such lighting at its discretion.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.155 GENERAL STANDARDS.
The following general standards shall apply to all non-exempt outdoor lighting fixtures and accent lighting:
(A) Light trespass is prohibited.
(B) Outdoor lighting fixtures and accent lighting must be shielded and aimed downward or toward the object which they illuminate, without encroaching beyond such object. The shield must mask the direct horizontal surface of the light source or direct light at a specific illuminated object. The light must be aimed to insure that the illumination is only pointing downward onto the ground surface or at the specific object, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky.
(C) All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
Cross-reference:
Figures of acceptable shielding and direction of outdoor light fixtures, see Ch. 154, Appendix A
§ 154.156 PROHIBITED.
The following fixtures (luminaires) are prohibited:
(A) Searchlights for any other purpose other than temporary emergency lighting.
(B) Laser lights or any similar high-intensity light for outdoor use or entertainment, when projected above the horizontal plane.
(C) Public streetlights emitting greater than 3000 kelvin.
(D) Strobe lights.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.157 SUBMITTALS.
All building permit applications including the installation of outdoor lighting fixtures shall provide evidence of compliance with the requirements of this subchapter.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.158 RESUMPTION OF USE AFTER ABANDONMENT.
If a property of use with non-conforming lighting is abandoned (see definitions) then all outdoor lighting shall be reviewed and brought into compliance with this subchapter before any use is resumed.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)
§ 154.159 SEVERABILITY.
If any clause, sentence, paragraph, section or part of this subchapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances.
(Ord. 2016-09, passed 8-9-2016
; Ord. 2021-03, passed 6-8-2021)