Mills River City Zoning Code

GENERAL REGULATIONS

§ 154.105 NONCONFORMING USES.

Any parcel of land, use of land, or lawfully existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use, lot size or dimensional requirements of the district in which it is located may be continued and maintained subject to the provisions:

(A) Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or descriptions have been recorded in the Register of Deeds office of Henderson County, which at the time of the adoption of this chapter or any amendment thereto fail to comply with the minimum area requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located, provided that the lot conforms with § 154.131 of this chapter.

(B) Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by or at the time of adoption of this chapter or any amendment thereto, that fail to comply with the minimum requirements for lot area, and setbacks for the districts in which they are located, but were in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.

(C) Nonconforming open uses of land. This category of nonconformance consists of lots used for storage , used car lots, auto wrecking, and similar open spaces where the only on the lot are incidental and accessory to the open use of the lot and where the use of the land is not permitted to be established hereafter under this chapter, or any amendment thereto, in the district in which it is located. A legally established nonconforming open use of the land may be continued except as follows:

(1) When a nonconforming open use of land has been changed to a conforming use, it not thereafter revert to any .

(2) Nonconforming open use of land not be changed to any but conforming use.

(3) A nonconforming open use of land not be enlarged to cover more land than was occupied by that use when it became nonconforming.

(4) When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the or , constitute discontinuance under this provision.

(5) When any was not in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.

(D) or . This category of nonconformance consists of or used at the time of enactment of this chapter or any amendment thereto for purposes of use not permitted in the district in which they are located. The uses may be continued as follows:

(1) An existing may be changed to another of the same or higher classification, provided that the other conditions in this section are complied with. For the purpose of this chapter, the rank order of uses from higher to lower be:

(a) Residential;

(b) Public;

(d) Industrial.

(2) When a has been changed to a conforming use, it not thereafter be used for any .

(3) A may not be extended or enlarged nor a nonconforming be altered except as follows:

(a) Structural alterations as required by law or ordinance or as ordered by the to secure the safety of the are permissible.

(b) Maintenance and repair necessary to keep a nonconforming in sound condition is permissible.

(c) Existing single-family residential in business or industrial districts may be enlarged, extended or structurally altered, provided that no additional result therefrom. However, any such enlargement, extension or alteration comply with the dimensional requirements of the MR-30 Residential District.

(d) Expansion of a of a or into portions of the which, at the time the use became nonconforming, were already erected and arranged and designed for the .

(4) When any of a or is discontinued for a period in excess of 180 days, the or not thereafter be used except in conformance with the regulations of the district in which it is located.

(5) When any was not in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.

(E) Reconstruction of damaged or . Any which has been damaged by fire, wind, flood or other causes may be repaired and used as before, provided that:

(1) Repairs are initiated in 12 and completed within 2 of the damage.

(2) The total amount of space devoted to a may not be increased.

(3) The dimensions of a reconstructed may not be larger than the original if the non-conformance was related to dimensional restrictions.

(F) Use of existing lot of record. Where the of a lot of official record in any district at the time of the adoption of this chapter or any amendment thereto, or his or her successor in title thereto, does not own sufficient contiguous land to enable him or her to conform to the minimum lot size requirements of this chapter, the lot may be used as a site, provided that the Board of Adjustment is authorized to approve as a variance such dimensions as conform as closely as possible to the required dimensions.

(G) Non-conforming Residential. Non-conforming residential lots may be permitted for , , and .

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.106 OFF-STREET PARKING.

Off- automobile storage or parking spaces be provided on every lot on which any of the uses are hereafter established. The number of parking spaces provided be at least as great as the number specified below for various uses. When application of the provision results in a fractional space requirement, the next larger requirement prevail. Each lot abutting a major thoroughfare, as determined by the , be provided with vehicular access thereto and be provided with adequate space for turning so that no vehicle be required to back into the .

(A) Minimum parking requirements.

(1) parking spaces measure nine feet by 18 feet. Aisle width be based on parking angle and direction of flow according to the table:

Parking Angle (Degrees)	One Way Aisle Width (Feet)	Two Way Aisle Width (Feet)
30	14	18
45	15	19
60	17	21
90	24	24

(2) The required number of off- parking spaces specified below for each use be provided, (etc.)

Residential Uses	Required Parking
Residential dwellings, single-family and duplexes	2 spaces for each
Residential dwelling, multifamily	1-1/2 spaces for each
Public and Semipublic Uses	Required Parking
Adult Day Center and	1 space for each activity room and administrative office with an additional 3 spaces for drop off and pick up
	1 space for each classroom and administrative office with an additional 3 spaces for drop off and pick up
Hospitals and	1 space for each 2 beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees, including nurses
Funeral parlors	1 space for each 4 seats in the chapel or parlor
Churches, spiritual institutions and places of public assembly	1 space for each 4 seats in the principal assembly room
Places of assembly or recreation without fixed seats	1 space for each 200 feet of gross floor space directed to patron use
Schools, elementary and junior high	1 space for each classroom and administrative office
Schools, senior high	1 space for each classroom and administrative office, plus 1 space for each 20 seats or 1 space for each 400 square feet of area used for public assembly
Public	1 space for each 200 square feet of gross floor space
Sanitariums, rest and convalescent homes for the aged and similar institutions	1 space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees
Business Uses	Required Parking
Doctors and dentists offices	5 spaces per doctor or dentist
Professional and business offices	1 space for each 300 square feet of gross floor space
Banks	1 space for each 150 square feet of gross floor space
Retail stores and shops of all kinds, including barber, shoe and similar service outlets	1 space for each 200 square feet of gross floor space
Car sales, house and truck trailer sales, outdoor equipment and machinery sales and commercial nurseries	4 spaces for each sales person, plus 1 space for each 2 employees
Hotels	1 space for each 2 rooms, plus 1 additional space for each 5 employees
Motels, tourist homes, tourist courts and	1 space for each , plus 2 additional spaces for employees

Business Uses	Required Parking
Service stations	2 spaces for each gas pump, plus 3 spaces for each grease rack or similar facility
	1 parking space for each 300 square feet of
Restaurants, drive-in	Parking space equivalent to 5 times the floor space in the main
Restaurants, indoor	1 space for each 3 seats or stools, plus 1 space for each 2 employees on the shift of the largest employment
	1 space for each 3 seats based on maximum capacity of the or per each 200 square feet of space directed to patron use, whichever is greater
	1 space for each 3 seats based on maximum capacity of the or per each 200 square feet of space directed to patron use, whichever is greater, plus 1 space for each 2 employees at maximum employment on a single shift
	1 space for each 2 employees at maximum employment on a single shift, plus 1 space for each company vehicle operating from the premises
	1 space for each 200 square feet of gross floor space
Wholesale and	Required Parking
Wholesale and	1 space for each 2 employees at maximum employment on a single shift, plus 1 space for each company vehicle operating from the premises
, , , , , , heavy industry,	1 space for each 2 employees at maximum employment on a single shift, plus 1 space for each company vehicle operating from the premises

(B) Location on other . If the required automobile parking spaces cannot reasonably be provided on the same lot on which the is conducted, the spaces may be provided on other off- , provided that the lies within 400 feet of the main entrance to the . The automobile parking space be associated with the and not thereafter be reduced or encroached upon in any manner.

(C) Extension of parking space into a residential district. Required parking space may extend up to 120 feet into a residential zoning district, provided that the parking space:

(1) Adjoins a commercial or industrial district;

(2) Has its only access to or fronts upon the same as the in the commercial or industrial district for which it provides the required parking space; and

(3) Is separated from abutting in the residential district by a .

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2018-10, passed 11-8-2017; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.107 OFF-STREET LOADING AND UNLOADING SPACE.

Every lot on which a business, trade or industry use is hereafter established provide space as indicated herein for the loading and unloading of vehicles off the . The space have access to an or, if there is no , to a . For the purpose of this section, an off- loading space have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the or grade.

(A) and : 1 space for each 10,000 square feet of .

(B) Wholesale and industry: 1 space for each 25,000 square feet of or area devoted to .

(C) Truck terminals and other nonresidential uses: sufficient space to accommodate the maximum number of trucks to be stored or to be loading or unloading at any one time.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.108 REQUIRED YARDS AND OTHER SPACES.

No part of a or open space or off- parking or loading space required about or in connection with any for the purpose of complying with this chapter be included as part of a , open space or off- parking or loading space similarly required for any other .

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005)

§ 154.109 ONE PRINCIPAL BUILDING ON A LOT.

Only 1 and its customary may hereafter be erected on any 1 lot, except as otherwise provided in this chapter. This restriction not apply in the MR-MU District or the MR-LI District.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00071, passed 3-22-2012; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-03, passed 4-11-2024)

§ 154.110 CONFORMITY WITH REGULATIONS REQUIRED.

No or land hereafter be used and no or part thereof be erected, moved or altered, except in conformity with the regulation specified for the zoning district in which it is located and as otherwise provided in the Mills River . Any existing or land that is proposed for a change of use conform to the regulation in the Mills River and as specified for the district in which it is located.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2017-07, passed 11-10-2017)

§ 154.111 RELATIONSHIP OF BUILDING TO LOT.

Every hereafter erected, moved or structurally altered be located on a lot, and in no case there be more than 1 and its customary on the lot, except in the case of a specially designed of institutional, residential, commercial or industrial in an appropriate zoning district, e.g., campus, cluster housing, , industrial parks, and . This restriction not apply in the MR-MU District or the MR-LI District.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00071, passed 3-22-2012; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-03, passed 4-11-2024)

§ 154.112 ACCESSORY STRUCTURES AND BUILDINGS.

(A) . Accessory and be permitted in , provided that they are located not less than 10 feet from any line.

(B) . Accessory and may be permitted in , provided that their placement not exceed the minimum setback requirement for that district or use.

(1) Accessory and not be permitted in , except in the cases:

(a) Where, by definition, more than one (1) exists, such as in corner lots or double fronted lots.

(b) Where the measurement of a lot's perimeter boundary is equal to or exceeds 50% of the abutting road right-of-way width.

(2) In division (C)(1)(a) and (b) above, an or not be located closer to the center line of the abutting road than is otherwise permitted by this chapter.

(3) In these cases only, the determination be made by the on a case-by-case basis. Determinations take into account orientation of the and dwelling, road and driveway location, topographical features, traffic volume and visual buffers.

(D) Height. In no case an accessory or be permitted in any front, side or if it exceeds 15 feet in height or if it occupies more than 30% of the required area; however, height restrictions do not apply on lots of 1 acre or more.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.113 VEHICLE GRAVEYARD OR MOBILE/MANUFACTURED HOME GRAVEYARD AS ACCESSORY USES.

Where a or a is allowed as an , the site standards apply:

(A) Secured be required.

(B) Full be required.

(D) At least one (1) direct , as defined in § 154.066(B), having a minimum width of 20 feet, and a minimum width of 20 feet, be required.

(E) be required.

(F) The and/or be separated from any existing by a minimum of ½ mile.

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.114 RECREATIONAL VEHICLES.

may be used as a temporary single-family dwelling only in those districts that and then only within the parks. In no case a be used as a single-family dwelling on an individual lot or in conjunction with a primary residence on an individual lot, except as provided in § 154.179(D).

(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005)

§ 154.115 COMMERCIAL WASTE CONTAINER SCREENING REQUIREMENTS.

(A) requirements. New commercial sites in all districts locate so that they are screened from view from the public right of way by either:

(1) A solid fence; or

(2) Screened with evergreen landscaping. Shrubbery used for must be a minimum of 24" high at planting and maintained so as to grow vertically to screen the . Any landscaping used for may also count towards interior plantings on the landscape plan; or

(3) By a or natural barrier.

(4) , as defined in § 154.007(B) are to be excluded from this provision.

(Ord. 00066, passed 4-28-2011)

§ 154.116 TRAFFIC IMPACT ANALYSIS (TIA).

(A) Purpose. The purpose of this section is to ensure that applicants for new construction, , major subdivisions, additions and/or expansions to existing , and/or changes of use consider and mitigate the impact of the on the existing and/or proposed roadway system. A traffic impact analysis (TIA) will ensure that the transportation network has adequate capacity to handle projected transportation demand associated with the project, identify problems with the transportation system, delineate solutions to identified problems, and identify improvements to be incorporated into the proposed .

(B) Traffic impact analysis required. All proposals and applications for new construction, redevelopment, , additions and/or expansions to existing or sites, major subdivisions, changes of use, and/or any other proposed which will result in peak hour vehicle trips equal to or greater than 75 peak hour trips or which will result in daily vehicle trips equal to or greater than 750 daily trips using trip generation rates from the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers include an analysis of the traffic to be generated with a TIA. The traffic impact analysis (TIA) be submitted to staff with the application or subdivision application. In addition to the foregoing, the Zoning Administrator have the discretion to require a TIA when a development's expected traffic will substantially affect an intersection or roadway segment already identified as operating at a failing level of service, when a may create a hazard to public safety, or when a will substantially change the off-site transportation system or connections to it. Notwithstanding the above a TIA not be required if the to be developed has been the subject of a TIA within the previous 3 and the projected trip generation of the newly proposed is equal to or less than the previous TIA performed and the trip distribution has not significantly changed.

(1) Any TIA, whether required or voluntary, must be prepared by a licensed North Carolina engineer and submitted as part of a and/or subdivision application. Prior to conducting the TIA, the developer and/or engineer that will be conducting the TIA must meet with town staff and the North Carolina Department of Transportation (NCDOT) to identify certain assumptions and scope that be addressed in the TIA, including but not limited to establishing the study area, the trip distribution, the traffic counts to be utilized, approved in the area, additional hours of analysis (other than A.M. or P.M. peak). and resolve any other questions specific to the site.

(2) An executive summary be provided in the TIA outlining the following: a) detailed description of the proposed ; b) number of access points proposed and studied; c) existing and future Level of Service (LOS) for studied intersections and segments including the LOS at the time of build-out; d) existing traffic counts for (s) and intersection(s) studied and dates/times counts were conducted; e) A.M. and P.M. peak hour vehicle trips for pre- and post- conditions; f) average daily vehicle trips for pre- and post- conditions; g) existing traffic accident counts; h) any recommended improvements.

(3) The TIA address the following: a) proposed land use; b) site access and site distances at all proposed access points; c) impacts on the transportation system from the proposed ; d) physical improvements or enforceable management strategies to mitigate negative impacts.

(4) The TIA take into consideration proposed and planned NCDOT roadway improvement projects and roadway and pedestrian/bicycle transportation projects.

(5) The TIA identify the improvements necessary to maintain level of service (LOS) D for and intersections as defined in the Highway Capacity Manual.

(6) The TIA conduct a pedestrian and bicycle analysis. Continuity and adequacy of pedestrian and bicycle facilities be provided to the nearest attraction (existing or planned) within ¼ mile of the boundary of the site. Destinations of significance include public transportation stops, schools, parks, activity centers, major bicycle facilities and corridors, and high-density population centers.

(7) When calculating vehicle counts for commercial and industrial where the projected traffic primarily consists of trucks, tractor trailers, and other large commercial vehicles, the following formula be used to equate truck trips to regular passenger vehicle trips. A passenger car equivalent (PCE) be provided in addition to truck traffic counts. Truck trips be converted to passenger vehicle trips using a 2.0 PCE factor for two-axle trucks, 2.5 PCE factor for 3-axle trucks, and 3.0 PCE factor for 4-axle trucks and larger trucks. The PCE be used to determine if a TIA is required for primarily expected to generate truck traffic.

(8) The may require special/specific analysis in the TIA relative to the proposed .

(D) Improvements required. In those cases where the or the North Carolina Department of Transportation (NCDOT) requires improvements to be constructed in order to accommodate additional traffic generated by the proposed , the improvements be funded and/or constructed by the developer in accordance with the standards and direction provided by the or the NCDOT. The improvements be complete and in place prior to issuance of any certificate of occupancy or certificate of completion/compliance required for any phase or portion of the project. The may require additional mitigation, onsite improvements, and/or offsite improvements provided the improvements are acceptable by NCDOT. However, a TIA not be utilized as a means for the to require the developer to make needed transportation improvements remote from and not affected by the for which the TIA is submitted.

(1) Left turn lane, right turn lane, acceleration/deceleration lanes, and/or right turn taper. Improvements may be required based on requirements of the NCDOT Policy on and Driveway Access to North Carolina Highways or other NCDOT standards.

(2) Additional right-of-way. If a proposed falls along a projected to be widened or improved by NCDOT or an adopted town plan, additional right-of-way along the frontage be dedicated as deemed acceptable by NCDOT.

(3) Offsite improvements. If a segment or intersection is currently performing at LOS D or better and is projected to perform at LOS E or F at the time of build-out of the proposed , improvements must be made to maintain the segment or intersection at LOS D. If a segment or intersection is currently performing at LOS E or F and is projected to continue to perform at the same LOS (E or F) at the time of build-out of the proposed , the TIA demonstrate how an LOS D could be achieved and also specify what improvements must be made to ensure that the segment or intersection LOS is not degraded any further than the current levels. The town may require improvements be made to preserve the existing LOS.

(4) Other necessary improvements. Additional improvements may be required based on the TIA recommendations related to topographic/environmental conditions, sight distance, offsets, conflicting movements, existing traffic accident counts, circulation, and other potential traffic issues resulting from the proposed . Additionally, the may require additional improvements deemed necessary to ensure the safety and welfare of the town's citizens and transportation network users.

(Ord. 2018-02, passed 2-8-2018; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2022-16, passed 9-8-2022)

§ 154.117 LIGHTING STANDARDS.

(A) Purpose. The purpose of this section is to control light pollution, spillage, glare, and light trespass so as not to adversely affect motorists, pedestrians, and land uses of adjacent properties. intensities should be controlled to assure that excessive light spillage, trespass, and glare are not directed at adjacent properties and residential areas, or unnecessarily directed upwards toward the sky. The goals of this section are as follows:

(1) Minimize adverse offsite impacts of such as light trespass and obtrusive light.

(2) Curtail light pollution, reduce skyglow, and preserve the dark sky night environment.

(3) Help protect the natural environment from the adverse effects of artificial at night.

(4) Conserve energy associated with artificial to the greatest extent possible.

(B) Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this section, except where the context clearly indicates a separate meaning.

CANDELA or CANDLE. A measure of light intensity in a certain direction, which is useful in determining how much light is shining out of a fixture and in what direction.

CUTOFF ANGLE. The angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.

CUTOFF FIXTURE. A fixture light distribution where no more than 2.5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below such horizontal plane at all lateral angles around the fixture.

DIRECT LIGHT. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

DIRECTIONAL FIXTURE. An assembly that holds the lamp along with any globe, shade, or other covering surrounding the lamp that be adjusted to concentrate or throw light in a specific direction.

DISABLING GLARE. Light directed from a or source that is 5 times greater or more than the ambient light on a public road or walkway adjacent to a road as measured in footcandles.

FIXTURE. The assembly that houses the lamp and can include all or some of the following parts: housing; mounting bracket or pole socket; lamp holder; ballast; reflector or mirror; refractor or lens.

FLOOD LAMP. A form of designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturer.

FLOODLIGHT or SPOTLIGHT. Any light fixture or lamp that incorporates a reflector or a retractor to concentrate the light output into a directed beam in a particular direction.

FOOTCANDLE (FC). A unit of illuminance amounting to 1 lumen per square foot.

FULL CUTOFF FIXTURE. A fixture light distribution where no light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture.

GLARE. Light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see and in extreme cases causing momentary blindness.

GRANDFATHERED LUMINAIRES. Luminaires not conforming to this article that were in place on the effective date of the ordinance from which this article is derived. When an ordinance “grandfathers” a luminaire, it means that such already existing outdoor does not need to be changed unless so specified for adherence to such ordinance.

HEIGHT OF LUMINAIRE. The vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.

IESNA. The Illuminating Engineering Society of North America, a nonprofit professional organization of specialists that has established recommended design standards for various applications.

INDIRECT LIGHT. Direct light that has been reflected or has scattered off of other surfaces.

ISOCANDLE PLAN. A demonstration or topographic of light distribution over a given area.

LAMP. The component of a luminaire that produces the actual light.

LIGHT TRESPASS. The shining of light produced by a luminaire beyond the boundaries of the on which it is located and desired, as measured at the border.

LUMEN. A unit of luminous flux. The total quantity of light emitted from a light source. One footcandle is 1 lumen per square foot. For the purposes of this article, the lumen output values be the initial lumen output ratings of a lamp.

LUMINAIRE. A complete unit consisting of a lamp together with the parts designed to distribute the light, to position and protect the lamp and to connect the lamp to the power supply.

MAINTAINED FOOTCANDLE. Illuminance of fixtures adjusted for a maintenance factor accounting for dirt buildup and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.

NONCUTOFF FIXTURE. A fixture light distribution where there is no light intensity limitation in the zone above the maximum distribution of light intensity.

OUTDOOR LIGHTING. The nighttime illumination of an outdoor area or object by any manmade device located outdoors that produces light by any means.

OUTDOOR RECREATIONAL FACILITIES. Public or private facilities such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas. Walkways, paths and greenways not be considered OUTDOOR RECREATIONAL FACILITIES in regards to the provisions of this article.

OUTDOOR SPORTS FIELD. An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball/softball diamonds, soccer fields, football fields, golf courses, golf driving ranges, tennis courts, racetracks and swimming pools. Walkways, paths and greenways not be considered outdoor sports fields in regards to the provisions of this article.

POINT-BY-POINT FOOTCANDLE ARRAY. A graphical representation of points placed onto a grid or layout where each point identifies the amount of illuminance (light) in footcandles or lux (1/10 of a footcandle). The spacing between points can vary depending on the size of the area to be lighted. For many typical outdoor layouts, a 10-foot by 10-foot spacing grid layout is used. Larger areas utilize a 15-foot or 20-foot grid spacing. This type layout can also indicate luminance or reflected light instead of illuminance.

SEMI-CUTOFF FIXTURE. A fixture light distribution where no more than 5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 20% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane at all lateral angles around the fixture.

TEMPORARY OUTDOOR LIGHTING. The specific illumination of an outdoor area of an object by any manmade device located outdoors that produces light by any means for a period of less than 7 days, with at least 180 days passing before being used again.

VEHICULAR CANOPY. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business's services.

WALKWAYS, PATHS, AND GREENWAYS. Areas that, through their design, suggest pedestrian traffic of some type, including, but not limited to, walking, bicycling, running, etc.

(1) All non-residential uses be subject to these standards. The ordinance will apply to all new uses and new requiring a zoning compliance permit when new light fixtures will be installed.

(2) Multi-family residential uses be subject to these standards.

(3) Major and minor subdivisions that Include the construction of new roadways with road be subject to these standards.

(4) All new exterior light fixtures and site installed after the effective date of this section and within the zoning jurisdiction of the Town of Mills River, comply with the standards of this section, unless exempted or considered nonconforming.

(5) Prohibited identified in section (G) is applicable to all uses and properties in the Town of Mills River.

(D) fixture standards.

(1) All new wall pack lights be full cutoff and shielded.

(2) New floodlights on non-residential properties be full cutoff and shielded to prevent uplight and to prevent front, side, and/or rear light trespass onto surrounding properties.

(3) All new site area be full cutoff and shielded. This is applicable both in non-residential and major or minor residential subdivisions with new roadway construction.

(4) Roadway be full cutoff and shielded.

(5) Pedestrian along , trails, greenways and other pedestrian specific areas consist of cutoff fixtures.

(6) Sign be shielded so that light is not unnecessarily directed towards motorists and pedestrians. Sign not consist of uplighting or spotlights on the ground directed upward at a sign, which will unnecessarily contribute to light pollution of the night sky.

(E) Site and area standards.

(1) The maximum light level using maintained lumens be no more than 1.0 foot candles for any land use at ground level at the line.

(2) The maximum light level using maintained lumens be no more than 0.25 foot candles for any land use at ground level adjacent to a stream buffer or surface water buffer. Stream and surface water buffers are defined as extending 30 feet from each bank of the stream or water body. No light fixtures be installed within a stream buffer, except for safety used to illuminate pedestrian trails, pathways, and recreational areas within a stream buffer.

(3) A plan must be submitted for review for all new site and area with isolux drawings documenting light levels for any fixtures that lead to light trespass onto neighboring properties.

(4) level and placement be designed in accordance with the most recently published Illuminating Engineers Society (IES) Lighting Library Standards Collection recommended practices.

(5) Sites with compliant plans be deemed in compliance with these standards when the fixtures are installed as shown on an approved plan as to type, orientation, location, height, shielding and rating of fixtures.

(6) A plan is not required to take into account light sources external to the site.

(7) For the purposes of this section, maintained lumens mean L80 or 80% of initial lumen output.

(F) Exempt . The following applications are exempted from this section.

(1) Flagpole .

(2) Sport and recreational facility of a temporary duration.

(3) Temporary construction .

(4) Temporary used for emergency conditions.

(5) Low voltage landscape that is located outside of a stream or surface water buffer.

(6) Safety within a stream or surface water buffer for the illumination of greenways, pathways, pedestrian areas, or recreational areas.

(7) Temporary holiday and seasonal .

(8) required by federal, , or local laws or regulations.

(9) Temporary for community events or special events of a short duration.

(10) Lights erected or used for a temporary duration by or on the order of a governmental or public official or entity in the performance of an essential public service.

(G) Existing nonconforming and required replacement. Non-compliant installed prior to the effective date of this section be considered nonconforming and continue to be used in accordance with the nonconforming standards found in § 154.105 of . The following applies to existing non-compliant installed prior to the effective date of this section. Full compliance with the standards in this section be required under the following circumstances:

(1) When repairing or replacing 50% or more of the total light fixtures on a site within any 12-month period.

(2) When expanding or improving 50% or more of an existing parking lot, loading area, internal road network, or other lighted area.

(3) Any replacement of an exterior wall pack light or flood light fixture at any time be required to meet the light fixture standards of this section.

(H) Prohibited . The following types are specifically prohibited on all properties and for all land uses in the Town of Mills River.

(1) Search lights, laser fights, or any other similar high intensity lights, especially those directed upward.

(2) Any or light fixture that is oriented upward, except as otherwise provided for in this section.

(3) that could be confused for a traffic control device.

(4) Flickering, strobing, pulsing, rotating, or flashing lights, especially those that interfere with motorists, pedestrians, and aircraft, except as otherwise provided for in this section.

(I) Administration and enforcement.

(1) Light measurement. Light level measurements be made at the line of the upon which the light to be measured is being generated. If measurement on private is not possible or practical, light level measurements be made at the boundary of the nearest public right-of-way that adjoins the . Measurements be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground and pointing upward. levels are to be measure in foot-candles (FC) with a direct reading, portable light meter.

(2) plan required. A plan be submitted with all land permit applications proposing the establishment of outdoor or as applicable per § 154.117(B). A plan consist of the following:

(a) A site plan drawn to scale showing building(s), landscaping, parking and loading areas, internal roads, and proposed exterior fixtures.

(b) Location of all post, canopy, supports, and light fixtures, including the height of each fixture, for any building, structure, parking, display, and loading areas.

(c) Specifications and fixture detail drawings of the proposed illuminating devices, lamps, and supports, including designation as Illuminating Engineering Society of North America (IESNA) “cut-off” fixtures. This description include but is not limited to manufacturers catalog cuts, enlarged or reduced to the correct scale of the site plan, and drawings including sections where required.

(d) Locations of all pole mounted and building mounted fixtures and a numerical 25-foot by 25-foot grid of levels, in foot-candles, that the fixtures will produce on the ground (photometric report). The photometric report will indicate the minimum and maximum foot-candle levels within the lighted areas of the site. An isolux plan is also permitted in fulfillment of this section provided that it indicates the foot-candles at grade by contour diagram or grid points that cover the site.

(Ord. 2024-01, passed 1-25-2024)