Concord Township City Zoning Code
ARTICLE XXIV
General Regulations
§ 210-217 Corner sight.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
§ 210-218 Fence openings.
No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) over five feet in height shall be erected within any of the open space required by this chapter unless that portion of the fence or wall which exceeds five feet in height shall contain openings wherein equal to 50% or more of the area of said portion of the fence or wall.
§ 210-219 Waste disposal.
In the case of any use other than a single-family or two-family dwelling, all trash, rubbish and debris of every kind and nature shall be stored in properly closed verminproof containers within an enclosure until such time as it shall be scheduled for collection and disposal and shall be collected and disposed of as often as may be necessary under the particular circumstances.
§ 210-220 Fire protection.
An indicated in the regulations for certain multiple-family residential, commercial and industrial zoning districts, general requirements for protection from such catastrophes as fire, explosion or their results are given below.
A.
Water supply.
(1)
The site must be in an approved fire-protected district (the definition for which states the required adequacy of the water supply and water storage facility in terms of rate of flow and water pressure). See Chapter 104, Fire Hydrant Districts, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The submitted plan shall show existing mains and water supplies in the immediate area, together with proposed mains and water supplies to provide adequate fire protection to the proposed site.
(3)
No structure needing fire protection shall be located more than 600 feet from a duly dedicated, accessible and improved public street.
B.
Fire lanes.
(1)
Fire lane. No structure to be protected shall be located more than 150 feet from a duly improved and accessible fire lane.
(2)
Fire lanes shall consist of an all-weather and well-drained surface cartway and shall conform to Township prescribed standards and specifications for new road construction in residential zoning districts except that the cartway must be 20 feet, but does not have to have rolled gutters.
(3)
The extension of fire lanes shall begin from one or more existing and improved public streets.
(4)
Fire lanes which curve, turn or change directions shall have a minimum radius of 55 feet at the inside edge of pavement. Fire lanes containing reverse curves shall have a minimum center line tangent length of 50 feet between curves.
(5)
Dead-end fire lanes shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 45 feet and shall have a minimum surfaced radius of 35 feet. Dead-end fire lanes shall have a maximum length of 400 feet.
(6)
The location of fire lanes shall conform to plans for the extension of street, sanitary sewers, water mains, storm sewers and other drainage facilities and public utilities as contained in this chapter and other ordinances of Concord Township and shall provide adequate access to buildings by firemen and other emergency services.
§ 210-220.1 Lighting control.
[Added 3-4-2025 by Ord. No. 410]
A.
Lighting shall be in accordance with the requirements set forth in Chapter 160, Subdivision and Land Development.
B.
Purpose. The standards established in this section set forth criteria for:
(1)
Providing regulations for outdoor lighting where public health, safety and welfare are potential concerns;
(2)
Controlling glare from nonvehicular light sources that shine directly into drivers' and pedestrians' eyes and thereby impair their safe traverse;
(3)
Protecting neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied or shielded light sources;
(4)
Promoting energy-efficient lighting design and operation; and
(5)
Protecting the intended character and quality of life within Concord Township.
C.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and/or traverse; including but not limited to single-family attached, multiple-family dwelling, commercial, industrial, recreational, and institutional uses.
(2)
Township Council may require lighting to be incorporated for other uses or locations or may restrict lighting in any of the above uses as they deem necessary as recommended by the Township Engineer.
(3)
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscaping, and residential lighting.
D. FOOTCANDLE FULL CUTOFF GLARE ILLUMINANCE LIGHTING TRESPASS LUMEN SHIELDING
Definitions.
A unit of incident-light quantity measurable with an illuminance meter, also known as a "footcandle meter" or "light meter".
A term used to describe a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture housing and from which no more than 10% of the lamp's intensity is emitted at an angle 10° below that horizontal plane at all lateral angles around the fixture.
The sensation produced by excessive direct or reflected light that causes annoyance, discomfort or loss in visual performance to the eye. Glare cannot be measured with a meter.
The quantity of incident light per unit area, measured with a light meter in footcandles.
Light created by a lighting installation that exceeds 0.01 light footcandles, which extends beyond the boundaries of the property on which the installation is sited.
The light-output rating of a lamp (lightbulb), as used in the context of this chapter.
A fully shielded (full cutoff) light fixture that has a solid barrier (cap) at the top of the fixture in which the lamp (bulb) is located. The fixture is angled so the lamp is not visible below the barrier (no light visible below the horizontal angle).
E.
Criteria.
(1)
Illumination levels. Illumination, where required by this section, shall be in intensities and uniformity ratios in accordance with the current recommended practices of the "Illuminating Engineering Society of North America ('IESNA') Lighting Handbook," from which typical uses and tasks are herein presented:
Use/Task | Maintained Footcandles | Uniformity Average Minimum |
|---|---|---|
Streets, local commercial | 0.9 Avg. | 6:1 |
Parking and streets for single-family attached and multifamily residential | 0.2 Min. | 4:1 |
Parking, industrial/commercial/institutional/municipal | 0.6 Min. | 4:1 |
High activity uses, e.g., shopping centers/fast food restaurants, athletic/civic/cultural events | 0.9 Min. | 4:1 |
Medium activity uses, e.g., office parks, commuter parking lots, cultural/civic/recreational events | 0.6 Min. | 4:1 |
Low activity uses, e.g., industrial employee parking, schools, church parking | 0.2. | 4:1 |
Building entrances | 5.0 Avg. | — |
Notes (Chart): | |
(1) | Illumination levels are maintained horizontal footcandles on the pavement, area surface, or other horizontal object. |
(2) | Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4). |
(3) | The Township Zoning Officer shall determine the use/task for the required illumination. |
(2)
Fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting application and acceptable and subject to the review of the Township Engineer.
(b)
For lighting of predominantly horizontal tasks such as, but not limited to, roadways, pathways, parking, merchandising and storage, automotive fuel dispensing, automotive sales, loading docks, active and passive recreation, building entrances and sidewalks, fixtures shall meet full-cutoff criteria.
(c)
For the lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, fountains, displays, flags, and statuary, the use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes, and other fixtures not meeting cutoff criteria, shall be permitted only with the written approval of the Township Engineer, based upon acceptable glare control.
(d)
When necessary to redirect offending light distribution, fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors, or hoods.
(e)
Lighting fixtures shall not exceed a height of 25 feet, including the light pole and base. The height shall be measured from the bottom of the mounting base of the pole or support structure at grade to the highest point of the fixture. If the pole or support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height, as determined by the Township Engineer.
(f)
Lighting fixtures and poles shall be a black color, or other color approved by the Township Council.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (light trespass and nuisance glare).
(b)
Floodlights or spotlights, when permitted, shall be so installed and aimed that they do not project their output into the window of a neighboring residence, an adjacent use, skyward or onto a roadway.
(c)
Unless otherwise permitted by the Township Council, as recommended by the Township Engineer, lighting shall be controlled by automatic switching devices such as timers, motion detectors and/or photocells, to extinguish offending sources by 11:00 p.m., to mitigate glare and sky-lighting consequences.
(d)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as full-cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, and fixture placement.
(e)
The amount of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle measured line-of-sight from any point on the adjacent residential property.
(f)
The amount of illumination projected onto any nonresidential property line from another property shall not exceed 1.0 vertical footcandle measured line-of-sight from any point on the property.
(g)
Lighting fixtures used to light the area under outdoor canopies, including but not limited to those used at automotive fuel-dispensing facilities, bank drive-through lanes, marquees and building entrances, shall have flat lenses and have no light emitted from the side of the fixture. The maintained illumination in the area directly below the canopy shall not exceed 20 footcandles.
(h)
When flags are to be illuminated all night, only the U.S. and state flags shall be permitted to be illuminated from dusk until dawn, and each flagpole shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag(s). Flag-lighting sources shall not exceed 20,000 lumens per flagpole.
(i)
The correlated color temperature of LED sources in residential areas shall not exceed 2,700K and shall not exceed 3,000K in all other areas.
(j)
Luminaire, backlight, uplight, and glare zone light distribution ratings: back very high (BVH) and forward very high (FVH) zonal output shall not exceed 240 lumens in residential areas or 375 lumens in all other areas.
(4)
Installation.
(a)
Fixtures meeting full-cutoff criteria shall not be mounted in excess of 25 feet above the finished grade ("AFG") of the surface being illuminated.
(b)
Fixtures used for general area lighting shall be aimed to project their output straight down, unless otherwise approved.
(c)
Electrical feeds to lighting standards shall be underground.
(d)
Lighting standards directly behind parking spaces shall be placed a minimum of five feet behind the curb face or wheel stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.
(e)
Fixtures used for architectural lighting, e.g., facade, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated.
(5)
Maintenance. Lighting fixtures shall be maintained and remain operable to meet the requirements of this section at all times, including replacement of light bulbs in kind.
(6)
Alterations after approval. Any alternations or modifications to lighting fixtures or lighting plans post-approval shall require that a permit be submitted to for review and approval by the Township.
F.
Plan submission. Preliminary and final lighting plans shall be submitted for review and approval by the Township, shall be coordinated with the overall site plan and shall contain the following:
(1)
Layout of the proposed fixture locations;
(2)
Ten foot by ten foot illuminance grid (point-by-point) plots carried out to 0.0 footcandle, which demonstrate compliance with the light trespass, intensities and uniformities set forth in this section or as otherwise required by the Township. The lamp-lumen rating and nomenclature, source correlated color temperature, light-loss factors, and IES photometric file names used in calculating the illuminance values shall be documented on the plan;
(3)
Description of the equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights, pole foundation details and mounting methods proposed; and
(4)
When requested by the Township, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate glare.
(5)
Plan notes. The following notes shall appear on the lighting plan:
(a)
The Township reserves the right to conduct one or more post-installation nighttime inspections to verify compliance with the requirements of this section and, if appropriate, to require remedial action at no expense to the Township.
(b)
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall require that a permit be submitted for review and approval by the Township prior to installation.
G.
Compliance monitoring.
(1)
Safety hazards.
(a)
If the Township judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be so notified and required to take remedial action within a specified period of time.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Township judges that an installation produces unacceptable levels of nuisance glare, light trespass, or skyward light or that illumination levels are insufficient or not being maintained in accordance with this section, the Township shall cause the person(s) responsible for the lighting to be notified and require remedial action.
(3)
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this section that does not comply with the regulations of this section shall be deemed legally nonconforming. However, such fixtures and installations shall be made conforming upon the earliest occurring event:
(a)
It is converted to or replaced by an LED luminaire;
(b)
The existing fixture is replaced (not in kind), relocated, or abandoned;
(c)
It is discovered that minor corrective action, such as re-aiming or adding shielding, will achieve compliance;
(d)
The number of fixtures is increased; or
(e)
The Township declares a fixture or installation to be a hazard to the public health, safety, or welfare.
H.
Streetlighting dedication.
(1)
The Township may, but shall not be required to, accept dedication of street lights in the instance of said lighting being in the right-of-way of a street dedicated to the Township.
(2)
Until such time that the street lights are dedicated, the developer of the tract (who has escrowed the streetlighting) shall be responsible for any and all costs associated with each streetlight. Such costs shall include, but are not limited to, administration, placement, power supply, and maintenance.
(3)
Street Lights not accepted for dedication to the Township shall remain the responsibility of the developer or appropriate private entity the lights are turned over to. Said private entity shall then assume all costs and responsibilities for the lighting in perpetuity.
I.
Athletic field, recreational and sports lighting.
(1)
Outdoor illumination for athletic field, recreational and sports lighting throughout the Township in all zoning districts shall only be permitted as a special exception for facilities accessory to schools and properties of organizations that provide sports facilities. Such lighting shall be permitted subject to the following regulations:
(a)
The height of poles or structures supporting recreational and sports lighting fixtures permitted shall not exceed a total height 90 feet, which shall be measured from the mounting base of the pole or support structure at grade to the highest point of the pole or structure. If the pole or support structure is on a sloped grade, then the average between the highest and lowest grades of an athletic field elevation shall be used in calculating the height.
(b)
Lighting shall be accomplished using the most advanced available fixture technology and design techniques appropriate for the use that minimize off-site glare and light trespass. Light fixtures shall not project skyward and shall control glare at the property line through the use of cutoff fixtures, shields, and baffles. Fixtures shall not present a hazard to drivers or pedestrians by impairing their ability to safely traverse streets, driveways, sidewalks, pathways, and trails and shall be mounted at an appropriate height, angle, and location to comply with the above regulations.
(d)
Lights may not be used for more than two consecutive nights per field in any one calendar week.
(e)
Lights shall not be illuminated on Sundays and shall be extinguished no later than 10:00 p.m. on Monday through Thursday and by 11:00 p.m. on Fridays and Saturdays.
(f)
Lights may be illuminated for a total of 20 nights per month per field at the property during the school year (August 15 of a given year through June 15 of the following year).
(g)
All light posts shall be set back at least 150 feet from any residential property line.
(h)
As part of a permit application to provide recreation/sporting event lighting, the school or applicant proposing to use outdoor lighting as permitted herein shall submit a lighting plan to the Township Engineer for review in conformity with all applicable sections of this chapter.
(i)
In determining the appropriateness of proposed outdoor illumination, the Zoning Hearing Board shall apply the general criteria and standards for special exceptions of Article XXVIII and may approve an application for outdoor illumination only in cases when the Zoning Hearing Board is able to ascertain that the proposed outdoor illumination will:
[1]
Represent appropriate application of fixture mounting heights, wattage, aiming angle, and fixture placement;
[2]
Control glare through the use of cutoff fixtures, shield, and baffles;
[3]
Not represent a hazard to drivers or pedestrians by impairing their ability to safely traverse streets, driveways, sidewalks, pathways, and trails;
[4]
Not project output skyward; and
[5]
Lights shall not be illuminated on Sundays and shall be extinguished no later than 10:00 p.m. on Monday through Thursday and by 11:00 p.m. on Fridays and Saturdays.
J.
Temporary outdoor illumination. Temporary floodlighting and spotlighting shall be subject to the following conditions:
(1)
Illumination shall conform to the standards of § 210-220.1E(1), Illumination levels.
(2)
Hours of Illumination shall conform to the standards of § 210-220.1I(1)(e).
(3)
Permits issued by the Township for temporary illumination shall be valid for up to seven specified calendar days and shall be issued no more than three times for a property in any calendar year.