This section sets forth criteria for the installation of exterior lighting visible from the exterior of buildings and structures, the purposes of which are as follows:

(1)

Preserve and enhance public safety;

(2)

Protect drivers from disabling glare and thereby enhance traffic safety;

(3)

Enhance the town's nighttime character;

(4)

Shield neighboring properties from nuisance glare;

(5)

Reduce light pollution;

(6)

Protect sea turtle hatchlings from disorienting light; and

(7)

Promote energy conservation through efficient light design and operation.

(8)

Protect pilots from disabling glare and thereby enhance air traffic safety.

(Ord. of 5-23-2000(3))

For the purposes of this section, terms used are defined as follows:

Artificial light means any source of light emanating from a manmade device, including but not limited to incandescent, mercury vapor, metal halide, sodium lamps, flashlights, spotlights, streetlights, vehicular lights, construction, or security lights.

Beach means that area extending landward from the mean low water line to the stable line of natural vegetation.

Cut-off fixtures means fixtures shielded so that no more than 2.5 percent of their light output is emitted above 90 degrees at any lateral angle around the fixture.

Frontal dune means the first mound of sand located landward of the ocean beach that has stable and natural vegetation present.

Fixture means assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Floodlight means any reflector-type light fixture which is attached directly to a building and is unshielded.

Fully shielded lights means outdoor light fixtures shielded or constructed so that light rays are shielded from horizontal view. This includes recessed lighting.

Glare means light emitted from a light fixture with intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness.

Lamp means part of the fixture that produces actual light.

Light trespass means shining of light produced by a light fixture beyond the boundaries of the property on which it is located.

Lumen means total quantity of light produced by a light source.

Outdoor lighting means nighttime illumination of an outside area, object, or building by any manmade device located outdoors or indoors that produces light by any means.

Pole light means any light fixture set on a base or pole where the point of light is higher than 48 inches off the ground.

Sea turtle protection area means a 300-foot area measured landward from the frontal dune.

Streetlight means any pole light located with the public right-of-way.

Temporary outdoor lighting means artificial illumination of an outside area for a period of less than four days, with at least 90 days passing before being used again.

Uplighting or pole-mounted or wall-mounted fixtures means light that projects above an imaginary horizontal plane through the fixture; for fixtures intended to light a nonresidential building, light that projects above the lowest roofline.

(Ord. of 5-23-2000(3); Res. No. 2021-25, § 1, 12-14-2021)

Lighting for parking lots and driveways shall be designed to provide the minimum lighting necessary to ensure adequate public safety, to control excessive glare onto adjacent streets and properties, and to prevent light trespass onto adjoining properties.

(1)

All lighting fixtures used for the purpose of illuminating parking lots and driveways shall be cut-off fixtures.

(2)

The maximum mounting height for pole-mounted fixtures intended to illuminate parking lots is 40 feet measured from grade.

Special design areas may require the use of lighting fixtures of a particular period or architectural style. In such areas, fixtures that are not cut-off, as defined by IESNA, are permitted provided that (1) the maximum initial lumens generated by each lamp shall not exceed 9,500 lumens; (2) the fixtures meet the requirements for sea turtle protection in section 66-660; and (3) post top fixtures are fitted with a solid top and open-bottom and dusk-to-dawn lights are fitted with skycap aluminum reflectors to control uplighting and reduce glare.

Temporary lighting is permitted if it meets the requirements for sea turtle protection in section 66-660.

(Ord. of 5-23-2000(3); Res. No. 2011-19, § 1, 9-26-2011)

Buildings may be lighted with lighting equipment mounted in front, at ground level, or with wall-mounted down lighting fixtures provided that:

(1)

Light fixtures are properly aimed and shielded to confine the light to the area of the building being lighted and to prevent light from encroaching on neighboring properties and adjoining public rights-of-way.

(2)

Building-mounted light fixtures may not be mounted above the uppermost wall or building soffit. These fixtures must be shielded and aimed in a manner that controls uplighting and shall not project light horizontally.

(3)

Ground-mounted fixtures must control up lighting.

(4)

Bare light sources (including, but not limited to, incandescent, fluorescent, and high intensity discharge) used to outline property lines, open sales areas, roof lines, doors, windows, the edges of walls or any other area of the building or property visible from outside the building are prohibited, except for holiday lighting permitted from November 1st until January 7th.

(Ord. of 5-23-2000(3); Res. No. 2011-19, § 1, 9-26-2011)

(1)

The mounting height of outdoor sports fields and outdoor performance area lighting fixtures shall not exceed 80 feet from finished grade unless approved by the planning board and board of commissioners as having no adverse impact.

(2)

All outdoor sports fields and outdoor performance lighting area fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.

(3)

The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event.

(Ord. No. 2011-19, § 1, 9-26-2011)

(a)

Fixtures using lamps (bulbs) of 150 watts or less, such as typical porch lights, may be installed at any location in residentially zoned areas except those located within sea turtle protection areas.

(b)

All flood light fixtures must have top and side shields capable of containing light below the roofline of the house and reducing light trespass on adjoining properties.

(c)

Area lights or "dusk-to-dawn" lights are permitted. These lights must be equipped with a "skycap" or such device that prevents illumination above the light fixture thereby casting light downward only to control glare and to prevent "uplighting."

(d)

If pole mounted, the fixture mounting height may be no more than 12 feet above grade.

(Ord. of 5-23-2000(3); Res. of 6-12-2007(4); Res. No. 2011-19, § 1, 9-26-2011)

Editor's note— Res. No. 2011-19, adopted Sept. 26, 2011, renumbered § 66-655 as § 66-656.

Lighting shall be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project. This can be accomplished through style, material or color. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:

(a)

Fixture (luminaire).

(1)

The light source shall be completely concealed behind an opaque surface and recessed within an opaque housing and shall not be visible from any street right-of-way or adjoining properties. Overhead lighting fixtures shall be designed to prevent light from emitting upwards towards the sky.

(2)

Under canopy lighting fixtures should be completely recessed within the canopy.

(b)

Light source (lamp).

(1)

Incandescent, florescent, metal halide or color corrected high-pressure sodium are preferred. Light-emitting diodes (LEDs) may be used provided the color emitted is similar to the preferred types. Non-color-corrected high-pressure sodium lamps are prohibited.

(2)

The same light source type must be used for the same or similar types of lighting on any one site throughout the development.

(c)

Mounting.

(1)

Fixtures shall be mounted in such a manner that the cone of light is contained on-site and maximum illumination levels off-site does not exceed those found in subsection 66-658(b) and not conflict with excessive illumination requirements found in subsection 66-658(a).

(Res. No. 2011-19, § 1, 9-26-2011)

(a)

To ensure uniform light distribution, all site lighting shall be designed so that the level of illumination as measured in footcandles (fc) at any one point meets the standards in the table below with minimum and maximum levels measured on the pavement within the lighted area and average level (the overall generalized ambient light level), measured as a not-to-exceed value calculated using only the area of the site intended to receive illumination.

(b)

All outdoor lighting shall be designed and located such that maximum illumination measured in footcandles comply with those in the following table:

(c)

A site lighting plan shall be required as part of the application review for all areas proposed for illumination to ensure compliance with this article.

(Res. No. 2011-19, § 1, 9-26-2011)

(a)

The sign lighting fixture(s) must be shielded to control glare, to prevent encroachment on neighboring properties and rights-of-way and to contain light so that it is projected below an horizontal plane extending through the fixture.

(b)

The height of the sign lighting fixture shall be no greater than the maximum permitted height of the sign.

(Ord. of 5-23-2000(3); Res. No. 2011-19, § 1, 9-26-2011)

Editor's note— Res. No. 2011-19, adopted Sept. 26, 2011, amended Art. XVII by renumbering §§ 66-656—66-661 as §§ 66-659—66-664.

The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the town by safeguarding egg-laying females and hatchlings from sources of artificial light that deter nesting and cause disorientation and subsequent death. To the maximum extent feasible and consistent with requirements for public safety, it is the policy of the Town of Ocean Isle Beach that no artificial light shall illuminate the beach. To comply with this policy, outdoor lighting installed or upgraded within 300 feet of the frontal dune shall meet the following requirements:

(1)

Streetlights shall utilize cutoff fixtures and shall be mounted no more than 40 feet above grade.

(2)

Street light fixtures shall be shielded and/or utilize a lens to create a light pattern that contains light landward of the frontal dune.

(3)

Where it is impractical to contain light from street light fixtures on the landward side of the dune, and a nest is present in the area, the local utility provider will be contacted to turn off the light during the hatching period.

(4)

Pole-mounted light fixtures installed on private property shall be cutoff fixtures and shall be shielded in such a manner as to contain light on the landward side of the frontal dune. The fixture mounting height may be no more than 12 feet above grade at the base of the pole. No pole-mounted fixtures shall be located on the ocean side of ocean front homes.

(5)

All exterior wall-mounted light fixtures located within the sea turtle protection zone shall be fully shielded to contain light on the landward side of the frontal dune.

(6)

In areas where sandbags represent the frontal dune, all lighting shall be contained landward of the sandbags.

(Ord. of 5-23-2000(3); Res. of 6-12-2007(4); Res. No. 2011-19, § 1, 9-26-2011; Res. No. 2021-25, § 1, 12-14-2021)

Editor's note— See editor's note following § 66-659.

(a)

Searchlights. The operation of searchlights for advertising purposes is prohibited.

(b)

Laser source light. The use of laser source light is prohibited.

(c)

Glass tubes filled with neon, argon, and krypton for use as lighting or decorative lighting is prohibited.

(d)

Lights resembling by color and design or other characteristics customarily associated with danger of those used by police, fire, ambulance and other emergency vehicles or for navigation are prohibited. Automotive warning or flashing signs shall not be utilized as commercial attention-seizing devices.

(e)

Lights that rotate, or have a flashing or stroboscopic nature shall be prohibited.

(f)

Lighting which due to its position, shape, color, format, or illumination, obstructs the view of or may be confused with an official traffic sign, signal or device or any other official sign or which uses the words "stop," "warning," "danger," or similar words implying the existence of danger or the need for stopping or maneuvering shall be prohibited.

(Ord. of 5-23-2000(3); Res. No. 2011-19, § 1, 9-26-2011)

Editor's note— See editor's note following § 66-659.

(a)

All temporary emergency lighting needed by the police or fire department or other emergency services shall be exempt from the requirements of this article.

(b)

Commercial lighting within one aeronautical mile of the airport will be directed so as not to interfere with nor distract incoming air traffic.

(Ord. of 5-23-2000(3); Res. No. 2011-19, § 1, 9-26-2011)

Editor's note— See editor's note following § 66-659.

No building permit shall be issued by the building inspection department, nor shall any certificate of occupancy be issued for any structure which shall, in any manner, fail to conform to the requirements for exterior lighting contained in this article.

(Res. No. 2021-25, § 1, 12-14-2021)

Editor's note— Res. of 6-12-2007(4) deleted § 66-660, which pertained to amortization schedule and derived from Ord. of 5-23-2000(3).

Subsequently, Res. No. 2011-19, adopted Sept. 26, 2011, renumbered § 66-660 as § 66-663.

This article shall be enforced under article IX of zoning.

(Ord. of 5-23-2000(3); Res. of 6-12-2007(4); Res. No. 2011-19, § 1, 9-26-2011)

Editor's note— See editor's note following § 66-659.