The intent of the zoning ordinance, in regulating outdoor lighting as specified in this article and elsewhere through this document, is to preserve, protect, and enhance the use and enjoyment of any and all property through the use of appropriate outdoor lighting practices and systems designed, erected, altered, or maintained, so as to:

(1)

Set general and specific standards to encourage lighting that favorably contributes to visual performance, safety, and aesthetics from properly shielded light sources for lighting applications to include security, parking lots, recreational facilities, buildings and structures, landscaping, canopies, and signs;

(2)

Curtail and reverse degradation of the visual integrity of the nighttime environment by minimizing light trespass and controlling glare on and off the property;

(3)

Provide safe lighting levels at proper intensities so as to adequately serve their intended uses and not unreasonably interfere with the use and enjoyment of neighboring properties, and with the intent of eliminating sodium vapor sources over time;

(4)

Require all outdoor lighting fixtures to be dark-sky friendly so that skies remain dark and the ability of residents to see the stars is not diminished;

(5)

Discourage unnecessary illumination to conserve energy and resources while maintaining nighttime safety, utility, security, and productivity;

(6)

Prohibit structural highlighting without decreasing safety, utility, and security; and

(7)

Ensure that interior lighting does not contribute to the excessive illumination of an outdoor area, or is a source of glare that is visible from the property line or any off-site location.

(Ord. of 9-14-2005, § 19.1)

(a)

All outdoor light fixtures are subject to inspection at any time by the planning and zoning department to assure that the light fixtures are in compliance with these provisions. All fixtures must be brought into compliance with in one year of implementation of this ordinance. When a light fixture fails to comply, the planning and zoning department shall give written notice to the owner and tenant of the site on which the light fixtures are located stating that the light fixtures shall be brought into compliance or removed at the owner's expense.

(b)

Existing streetlights erected along private rights-of-way in gated communities and subdivisions are exempt from these regulations although new or replacement fixtures shall comply.

(c)

Replacement of existing lighting fixtures in the right-of-way must take place within one year of certified notification of implementation of this ordinance. Compliance may be phased, provided that phasing is approved by the Planning and Zoning Board.

(Ord. of 9-14-2005, § 19.2)

The following types of lighting and lighting fixtures are prohibited:

(1)

Light fixtures that imitate an official highway or traffic control light or sign are prohibited.

(2)

Light fixtures in the direct line of vision with any traffic control light or sign are prohibited.

(3)

Light fixtures that have a flashing or intermittent pattern of illumination, except NCDOT traffic signals, communication tower warning lights, and USCG devices.

(4)

Privately owned light fixtures located in the public right-of-way are prohibited.

(5)

Light fixtures that are a source of glare by their design, orientation or intensity are prohibited.

(6)

Searchlights are prohibited except when used by federal, state or local authority.

(7)

Light fixtures that violate any law of the State of North Carolina relative to outdoor lighting are prohibited.

(8)

General purpose area and sports floodlights are prohibited except to illuminate building facades and outdoor recreational uses as provided in subsection 19-7(d).

(9)

Illumination of the estuarine waters for uses that are not water dependent shall be prohibited.

(10)

Uplighting of windsocks, fountains or flags is prohibited, excepting the United States flag, the North Carolina flag, the Dare County flag or the Town of Manteo flag. Landscape uplighting is limited to 25 watts or less.

(11)

Structure highlighting except that outlines architectural features and internally illuminated wall signs are prohibited.

(12)

Light fixtures illuminated by sodium vapor, except in a subdivision where existing power company provided sodium fixtures may be repaired, replaced or increase in number.

(13)

Unshielded open vertical light fixtures directed skyward are prohibited to avoid light pollution and to adhere to dark sky friendly standards.

(Ord. of 9-14-2005, § 19.3; Ord. No. 2017-04Z, 5-17-2017)

(a)

Light fixtures shall be located on the site and designed, shielded, or oriented in such a manner as to prevent light spill across property lines and to prevent glare at any location on or off the property.

(b)

All wiring to light fixtures not located on a building shall be placed underground.

(c)

Light fixtures and supporting structures shall be designed and constructed to comply with North Carolina State Building Code requirements.

(d)

All exterior light fixtures using a light source other than 100 watt or less incandescent bulbs or compact florescent equivalent shall be installed in such a way that the source, diffuser and globe are completely shielded from view at public rights-of-way and adjoining properties (although municipal streetlights by design are visible at public rights-of way and do produce light trespass to a controlled extent).

(e)

From the effective date of this ordinance, no outdoor light fixture shall be mounted or erected at heights greater than 20 feet for non-cutoff fixtures and 25 feet for full cutoff fixtures, except municipal streetlights, sports lighting and communication towers. Municipal streetlights shall not be erected higher than 20 feet for non-cutoff ("traditional") fixtures and 35 feet for full cutoff fixtures which are to be "dark sky friendly." While the initial and ongoing expense of additional streetlights along public streets is considerable, and while the yellow-orange sodium vapor light source is discouraged, its use permissible as municipal street lighting where needed for safety until other sources are available through the local power company. This provision shall sunset on December 31, 2020.

(f)

All permitted structures that exceed 150 feet in height shall be lit in compliance with the FAA regulations as identified in FAA Obstruction Marking and Lighting Advisory Circular AC 70/7460-1K as amended August 8, 2000 or the most recent FAA Advisory Circular on Obstruction Marking and Lighting, and approved by the Board of Commissioners.

(Ord. of 9-14-2005, § 19.4; Ord. No. 2014-01Z, 1-8-2014; Ord. No. 2017-04Z, 5-17-2017)

(a)

With the exception of single-family residences and any project with fixtures using a light source limited to 100 watt or less incandescent bulbs to add or LED or compact florescent equivalent, all proposed development for which site plan approval is required by the Board of Commissioners, shall require a lighting plan produced by the lighting manufacturer, registered architect, or engineer and shall be submitted as part of the site plan review process. To enable the town to determine that applicable provisions of this ordinance will be satisfied, the lighting plan shall include the following:

(1)

A site plan, drawn to a scale of one inch equaling no more than 20 feet, showing proposed features to be illuminated, including but not limited to: building, landscaping, signs, parking and loading areas, and location of all proposed exterior light fixtures;

(2)

Specifications and descriptions for all proposed light fixtures including photometric data;

(3)

Proposed mounting height of all exterior light fixtures;

(4)

Light level plans in the form of an ISO foot-candle or point-by-point grid diagram drawn to a scale referenced above. The submitted grid plan shall plot lighting levels at ten-foot intervals or less. The ISO foot-candle diagram shall plot foot-candles in increments of one-half foot-candle or less. Either plan shall clearly account for lighting levels produced by all exterior light sources, both freestanding and attached. The outdoor lighting plan shall account for cumulative lighting levels of indoor and outdoor sources if indoor sources contribute to the outdoor light level.

(5)

Interior lighting spilling from windows and doors may not increase exterior foot-candle levels above allowable maximum levels.

(6)

Drawings may be required of all proposed building elevations showing the location and type of light fixtures, the portions of the walls to be illuminated, the luminance levels at the wall surface, and the aiming points for any floodlight fixture.

(b)

Any proposed modification or alteration to a previously approved building elevation, site plan or lighting plan may be approved administratively by the planning and development department provided the proposed change is considered minor.

(Ord. of 9-14-2005, § 19.5; Ord. No. 2017-04Z, 5-17-2017)

Illumination levels from any light source or combination of light sources shall meet the following horizontal foot-candle standards.

(1)

Commercial establishments shall provide a minimum of one foot-candle illumination at public entrances during business hours after dark.

(2)

For sites with cut-off fixtures, the maximum maintained foot-candle level at the property line shall not exceed one foot-candle.

(3)

For sites with non cut-off fixtures, the maximum maintained foot-candle level at the property line shall not exceed four-tenths foot-candle.

(4)

The following maximum lighting intensity levels, measured in foot-candles on the site at ground level, shall apply for uses as listed:

a. Parking lots .....4

b. Commercial and other uses not listed .....4

c. Residential .....1

d. Hotels, motels, inns .....3

e. Playgrounds .....4

f. Marinas .....2

g. Private tennis courts .....17

h. Scholastic outdoor ball fields
and tennis courts .....(see subsection 19-7(d))

i. Streetlights .....4

(Ord. of 9-14-2005, § 19.6)

(a)

Canopy lighting. Open canopies located over automobile service station gas pumps, drive-through banking facilities, drive-in restaurants, etc. shall comply with the following standards:

(1)

Light fixtures shall be mounted only under the canopy and shall be either recessed, or cut-off fixtures with complete cut-off from any right-of-way.

(2)

Light fixtures shall not be located elsewhere on the canopy and the sides of the canopy shall not be internally or externally illuminated.

(b)

Security lighting. Security lighting may be utilized for the protection of people and property by illuminating areas of building ingress and walkways. Non-residential security lighting shall be task specific (e.g., bank night deposits, rear doors) and not general area lighting. It shall not exceed five foot-candles and shall be reviewed by the standard site plan review process. Residential security lighting shall not exceed three foot-candles. The greatest security benefit is obtained by use of a motion sensitive light fixture in relatively dim area because attention is immediately drawn to the illuminated area.

(c)

Architectural and interior lighting.

(1)

Light fixtures mounted on the building shall be recessed, fully shielded or directed to the wall surface.

(2)

Floodlights may be utilized to up-light opaque wall surfaces from the ground, provided the light fixture is located a horizontal distance no greater than 15 feet from the wall, shall not be mounted greater than 30 inches in height, and illumination levels measured at the vertical plane shall not be exceeded. Roof surfaces my not be illuminated by floodlights.

(3)

The maximum vertical illumination level of an entrance facade shall not exceed five average maintained foot-candles. The maximum illumination level shall not exceed one average maintained foot-candle for other surfaces.

(4)

When a single interior, heated wall surface area of a building is 50 percent glass or greater, or interior light fixtures are visible from the property line or off-site location, the following requirements shall apply:

a.

Interior light fixtures shall be fully shielded or shielded to any cut-off angle required to prevent line of sight contact with the light source, lens or opening.

b.

Interior light levels shall not contribute significantly to the exterior light levels. Average interior illumination level shall be the minimum average IESNA recommended level of illumination for that particular use.

(d)

Lighting of scholastic outdoor sport and athletic facilities.

(1)

Lighting for sport and athletic fields must include glare control features and must be designed so that primary illumination is directed onto the play area and ancillary areas such as bleachers and stands. Light levels shall not exceed those recommended by the IESNA. Where there is a choice of applicable categories, the zoning administrator shall determine which applies to illuminated signs. Recreational lighting floodlight fixtures may be utilized provided all such light fixtures shall be directed or shielded such that the light measured at the property line does not exceed the following:

a.

Horizontal illumination shall not exceed 0.1 initial foot-candles for residential properties.

b.

Vertical illumination shall not exceed 0.6 initial foot-candles for residential properties.

c.

Candela value shall not exceed 9,000 at between 82 degrees and 86 degrees above nadir.

(2)

Light fixtures for sports and recreational use (outdoor ball fields, tennis courts) shall be turned off no later than 11:00 p.m. at both public and private facilities unless otherwise specified.

(e)

Light levels shall not exceed those recommended by the IESNA. Where there is a choice of applicable categories, the zoning administrator shall determine which applies to illuminated signs.

(1)

Internally illuminated freestanding signs that utilize fluorescent tubes as a light source shall be designed and constructed such that tubes are spaced at least 12 inches on center, and mounted at least three and one-half inches from the translucent sign surface.

(2)

Spot or floodlights may be utilized to externally illuminate wall and freestanding signs, provided the light fixtures are designed, located, aimed, and shielded so that light is directed only onto the sign area. Light fixtures shall not be aimed toward adjacent streets, properties, or open sky. Floodlights designed to illuminate signs from the ground, shall not be mounted at a height greater than 30 inches, or located a horizontal distance greater than three-quarters the height of the sign or 15 feet, whichever is less. The average level of illumination shall not exceed ten average foot-candles.

(Ord. of 9-14-2005, § 19.7)

(a)

Lighting levels shall be measured in foot-candles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus seven percent. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.

(b)

Unless otherwise specified, the meter sensor shall be mounted not more than six inches above ground level in a horizontal position to measure horizontal illumination. Vertical illumination shall be measured at a height of five feet with the meter sensor mounted not more than six inches from the wall surface and the meter sensor in the vertical position. Readings shall be taken by only after the cell has been exposed long enough to provide a constant reading.

(Ord. of 9-14-2005, § 19.8)