Hunting Valley City Zoning Code
CHAPTER 1161
Exterior Lighting
1161.01 DEFINITIONS.
As used in this chapter:
(a) "Aiming Angle" when applied to exterior lighting, this term is correctly used only with directional lighting systems. In this case, the aiming angle is the angle between the center of the object or area being lighted and the point on the ground directlybeneath the luminaire.
(b) "Exterior Lighting System" means an installation of lamps, luminaires, electrical wiring, controls and mounting hardware (such as poles or brackets) designed to illuminate outdoor areas, landscape or buildings.
(c) "Floodlight" means a type of directional luminaire or lamp which may be adjusted on site to project and direct light out and away from the mounting location. Floodlights are typically designed to illuminate relatively large areas.
(d) "Fluorescent Light Source" means a low pressure gas discharge lamp in the form of a bulb or tube which utilizes a phosphor as the light-emitting element.
(e) "Full Cut-off Luminaire" means a type of fixed directional outdoor luminaire which emits no light above a horizontal plane through the optical center of the luminaire or, alternatively, above an angle of ninety (90) degrees where zero (0) degrees is the aim point on the ground directly beneath the luminaire.
(f) "Fully Shielded Luminaire" means a luminaire equipped with opaque hoods, louvers or visors so as to completely block the light from going in other than a specified direction.
(g) "Glare" means the visual sensation produced by brightness in the field of view that is sufficiently greater than the light level to which the eyes are adapted so as to cause annoyance, discomfort or loss of visibility.
(h) "Halogen Light Source" means an incandescent lamp with a halogen gas filling typically designed to increase energy efficiency and lengthen lamp life compared to standard incandescent lamps.
(i) "HID Light Source" means a lamp which utilizes a small gas arc discharge or "high intensity discharge" as the light emitter. Examples of HID light sources are mercury, metal halide and high pressure sodium lamps.
(j) "Incandescent Light Source" means a lamp containing a tungsten wire filament heated to a high temperature as the light-emitting element.
(k) "Lamp" means a bulb, globe, tube or capsule, usually formed out of glass, containing an electrical and physical assembly of materials designed to convert electricity into light.
(l) "Light Pollution" means wasted light directed into the sky which results in sky glow and the loss of the natural beauty and visibility of the sky and stars.
(m) "Light Source" means the light emitting portion (filament, arc tube or element) of a lamp.
(n) "Light Trespass" means outdoor lighting which emits unwanted light or glare beyond the boundaries of the property on which it is located.
(o) "Lumen" means the unit measure of light flux or light output from lamps and luminaires.
(p) "Luminaire" means a complete lighting unit typically consisting of all electrical and mechanical parts necessary for operation including a lamp, ballast (in the case of discharge lamps), optical assembly and enclosure.
(q) "Luminaire Mounting Height" means the vertical distance between the ground and the optical center of the luminaire in an outdoor lighting system.
(r) "Optical Center of Luminaire" means the point inside of a luminaire at the middle of the light emitting area of the light source.
(s) "Recreational Lighting" means lighting of ball fields, courts, pools, playgrounds, and/or other outdoor sports, play, or recreational areas other than those accessory to single family residences.
(Ord. 2023-6. Passed 6-15-23.)
1161.02 PURPOSE AND INTENT.
(a) This chapter is intended to preserve and protect the nighttime lighting environment for residents and to maintain the established rural village atmosphere of the community by controlling the installation and use of exterior illumination to prevent glare from bright light sources, light trespass and light pollution.
(b) This chapter is intended to regulate exterior illumination to ensure it is functional, glare-free, energy efficient and safe. Owners and designers are to consider the impact of their lighting on their neighbors' properties and to minimize that impact in the design phase.
(c) The specific goals are to:
(1) Preserve the nighttime rural-village atmosphere of the community;
(2) Prevent glaring and offensive lighting;
(3) Conserve energy and encourage the use of efficient lighting technology;
(4) Promote safety;
(5) Prevent light pollution;
(6) Provide clear guidance to builders, contractors and residents;
(7) Minimize environmental impacts on light sensitive flora and fauna.
(Ord. 2023-6. Passed 6-15-23.)
1161.03 APPLICABILITY, NON-CONFORMING LIGHTING, AND COMPLIANCE.
(a) New Construction. All construction initiated after the effective date of this legislation must meet the requirements set forth herein and shall be reviewed for compliance with the provisions hereof by the Architectural Board of Review. Supporting documentation may be required which specifies lamp lumens, luminaire description, mounting height and arrangement, shielding and placement details. A "Full Lighting Plan" shall be required as specified in Section 1161.04(a) and shall be provided to the Architectural Board of Review as part of the permitting process.
(b) Existing Exterior Lighting. Existing exterior lighting that does not conform to the requirements of this legislation shall be brought into compliance as part of any addition to, modification of, and/or replacement of such lighting, except as provided in subsection (c) hereof.
(c) Permits. The Building Inspector may issue permits for minor replacements or extensions of exterior lighting systems without requiring a Full Lighting Plan and evidence of conformance provided that:
(1) The residential lighting system was in existence prior to the effective date of this regulation;
(2) The total initial lumen rating of the proposed improvement does not exceed 2,500 lumens; and
(3) Not more than one such permit shall be issued per residential property per each 365 days.
(d) Lighting Nuisance. Exterior lighting which does not comply with this regulation is declared to be a public nuisance. Upon receipt of a lighting complaint the Building Inspector shall investigate to determine compliance. If lighting is found to be in violation of these provisions the Building Inspector shall proceed as set forth in Section 1161.09.
(Ord. 2023-6. Passed 6-15-23.)
1161.04 GENERAL REQUIREMENTS.
(a) Lighting Plans. Full lighting plans shall be required prior to the installation of any lighting improvements or fixtures. Lighting plans shall show the following:
(1) The location and height above grade of the luminaires.
(2) The lumens and type of each light source such as incandescent, fluorescent, metal halide, etc.
(3) The general type and appearance of each luminaire such as lantern, globe, floodlight, full-cutoff area luminaire, wall pack, downlight, etc.
(4) Calculated or manufacturer-rated numerical values of total light output (lumens) of the luminaire or luminaires and the light output above a horizontal plane through the optical center of the luminaire if the light output per lamp is greater than allowed by this regulation.
(5) Building walls to be illuminated by wall mounted or facade-mounted luminaires in conformance with Section 1161.05(c) including relevant building elevations showing the location of the luminaires, their aiming direction and aiming angle (if directional), the portions of the building walls to be illuminated, and their color.
(b) Light Trespass. An exterior lighting system is considered to produce excessive light trespass when the light source (the light emitting portion of the lamp) is visible from normal viewing positions on an adjoining property and the maximum light output per lamp is greater than allowed by Section 1161.05.
(c) Light Pollution. An exterior lighting system is considered to contribute excessively to light pollution when light is emitted above a horizontal plane through the optical center of the luminaire and if the maximum light output per lamp is greater than allowed by Section 1161.05.
(d) Glare. An exterior lighting system is considered to produce glare when the light source inside the luminaire is visible as seen from normal viewing positions whether or not the light from the source is diffused or refracted by lens optics, and the light output per lamp is greater than allowed by Section 1161.05.
(e) Lighting Controls. To minimize the amount of light trespass, light pollution, excess lighting and energy use at night, unnecessary lighting shall be switched off. The use of photocell or photocell/timer switches which allow lighting to operate all night is prohibited. Motion sensor switches which turn lights on only when activated by motion and only for a set period of time after motion ceases are permitted.
(Ord. 2023-6. Passed 6-15-23.)
1161.05 RESIDENTIAL LIGHTING.
The following lighting standards shall apply to residential property.
(a) The total light output of all exterior lighting shall not exceed 75,000 lumens for any residential property, provided, however that the total aggregate light output of all exterior lighting in any Conservation Development District shall not exceed a maximum of 37,500 lumens per dwelling unit. Total lumens shall be calculated by adding the manufacturer initial lumen rating for each lamp type to obtain a total lumen value.
(b) All exterior lighting shall be designed and installed to avoid glare and light trespass on adjoining properties and public rights of way.
(c) Wall or Facade Mounted Lighting. Wall mounted fixtures and/or facade mounted luminaires shall be used solely for illuminating entrances and walkways and shall not be used or designed for building architectural illumination.
(d) Driveway Lighting. Driveway and parking area lighting shall be limited to low- mounted luminaires only. Low-mounted lighting is defined as lighting where the optical center of the luminaire is no more than seven (7) feet above driveway grade.
(1) If lanterns or unshielded luminares utilizing clear, diffusing or prismatic lenses are installed, the maximum light output shall be 375 lumens.
(2) If fully-shielded luminares are installed, the maximum light output shall be 600 lumens.
(e) Area Lighting. Floodlights and spotlights may be permitted for the purpose of illuminating tennis courts or other permitted uses or activities in compliance with the following:
(1) Luminaires shall be mounted at thirty (30) feet or less measured from the optical center of the luminaire to grade directly beneath the luminaire.
(2) Lamp output is limited to 1350 lumens per socket and no more than three (3) sockets per mounting location.
(3) The lighting shall be designed and operated to provide the minimum and no more than one and one-half (1.5) times the minimum maintained illumination values recommended for the application by the Illuminating Engineering Society of North America as expressed in the IESNA Lighting Handbook (current edition) or current Recommended Practice for the application.
(4) Such lighting shall not be operated between midnight and 9:00 a.m.
(f) Landscape Lighting. Landscape lighting is defined as lighting installed and arranged to primarily illuminate "softscape" such as bushes, trees, vines, shrubs and flowers or "hardscape" such as terraces, fences, bridges, walls (non-building), sculpture, water features, ornaments, and formed earth shapes. Landscape lighting may be automatically or manually switched provided that the operating period extends only from dusk to midnight.
(g) House Numbers, Identification Signs. House numbers, identification signs, and entrance gates may be illuminated internally or externally, provided that lamp output is limited to 450 lumens.
(h) Private Streets. There shall be no lighting of private streets.
(Ord. 2023-6. Passed 6-15-23.)
1161.06 NON-RESIDENTIAL LIGHTING.
Non-residential lighting includes exterior lighting installed on institutional properties for area lighting, safety lighting, entranceways, walkways, service areas, driveways, parking areas and recreation. Non-residential lighting shall comply with the following criteria:
(a) The total output of all exterior lighting shall not exceed one and one-half (1.5) lumens per square foot of area to be illuminated as determined by the Architectural Board of Review.
(b) Pole heights shall be limited to thirty (30) feet including base structures.
(c) Only full cut-off or fully-shielded luminaires shall be used.
(d) Recreational lighting shall be prohibited.
(Ord. 2023-6. Passed 6-15-23.)
1161.07 PROHIBITED LIGHTING.
This section identifies lighting applications which cause glare, decrease visibility, produce unattractive lighting environments or excessive light trespass or light pollution. These applications are prohibited.
(a) Roof Lights. Luminaires shall not be mounted to the tops of building roofs.
(b) Unshielded Light Sources. This type of lighting is prohibited except as described in Section 1161.05 (d)(1)
(c) Building Illumination. The floodlighting of buildings utilizing luminaires designed, installed and aimed for such purpose is prohibited.
(d) Changing Lights. Lights which flash, move, blink, flicker, vary in intensity or change color are prohibited from being installed on buildings or grounds except as provided in Section 1161.08 (a).
(e) Types of Lamps. Mercury and low pressure sodium (LPS) discharge lamps are prohibited because of their poor color qualities.
(f) Architectural Lighting. Linear lighting such as "rope" light or high-voltage (neon) tubing is prohibited. Facade lighting designed primarily to attract attention or which is used as a means of identification or advertising is prohibited.
(Ord. 2023-6. Passed 6-15-23.)
1161.08 EXEMPTIONS.
(a) Holiday Lighting. Holiday lighting which is of a temporary nature may be illuminated from November 15th through January 16th.
(b) Municipal Lighting. Lighting which is installed for reasons of public health, safety and welfare is allowed.
(c) The Architectural Board of Review may authorize specific exemptions when the Board determines that there will be no adverse impact resulting from the lighting and that such lighting is consistent with the spirit and intent of this chapter.
(Ord. 2023-6. Passed 6-15-23.)
1161.09 ENFORCEMENT.
(a) Violation. The Building Inspector shall promptly examine or cause to be examined every alleged condition or perpetration in violation of this chapter and, if such violation exists, shall immediately give written notice of such violation, directing the owner, lessee, tenant or person responsible for such violation to make such changes, alterations or repairs as shall satisfy the requirements hereof. If necessary to secure compliance, the Building Inspector may further cause the prosecution of the person responsible for such violation.
(b) Appeals. Within ten (10) days of receipt of a Notice of Violation from the Building Inspector, the owner, tenant, lessee or person responsible may file a Notice of Appeal of such determination with the Building Inspector. Upon receipt of such Notice of Appeal, the Building Inspector shall refer the matter to the Planning and Zoning Commission which shall hear the matter within sixty (60) days of receipt of such appeal by the Building Inspector. The Planning and Zoning Commission shall have the authority to affirm, modify, or reverse the determination of the Building Inspector regarding the existence of violations. The decision of the Board shall be final.
(c) Penalties. Persons and corporations who or which shall violate any of the provisions or requirements of this chapter, or fail to comply therewith, or who shall construct or install lighting improvements in violation of any detailed statement of specifications or plans submitted and approved thereunder, shall, for each violation or noncompliance, be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00), and each day during which any such person continues to violate any provision of this chapter or fails to comply therewith or any of the requirements thereof, after having been notified of such violation or failure to comply, shall constitute a separate offense.
(Ord. 2023-6. Passed 6-15-23.)
(Ord. 2023-6. Passed 6-15-23.)
PROTECTED WATERCOURSES MAP
(Ord. 2023-6. Passed 6-15-23.)
IDENTIFIED NONCONFORMITIES ON DATE OF ADOPTION
(Ord. 2023-6. Passed 6-15-23.)
CODIFIED ORDINANCES OF HUNTING VALLEY