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Weaverville City Zoning Code

ARTICLE VI

- OUTDOOR LIGHTING2


Footnotes:
--- (2) ---

Editor's note—Ord. of 07-25-2022(2), § 2, repealed the former Art. VI, §§ 20-3601—20-3611, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. 5-24-2021(1), § 5.


Sec. 20-3601. - Applicability.

The provisions of this section shall apply to the installation of all outdoor lighting within the jurisdiction of this Ordinance except that the following shall be exempt from this section:

(1)

Outdoor lighting installed for governmental purposes by local, state or federal governmental units and their agents.

(2)

Outdoor lighting required to be installed by laws or regulations of a local, state or federal governmental units.

(3)

All fixtures installed by public agencies, their agents, or contractors for the purpose of illuminating streets.

(Ord. of 07-25-2022(2), § 2)

Sec. 20-3602. - Prohibited outdoor lighting.

The following types of outdoor lighting are prohibited unless exempt by section 20-3601 above:

(1)

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

(2)

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

(3)

Light fixtures that have a flashing or intermittent pattern of illumination.

(4)

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

(5)

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

(6)

Searchlights, unless used for emergency purposes.

(7)

Unshielded open vertical light fixtures.

(8)

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

(Ord. of 07-25-2022(2), § 2)

Sec. 20-3603. - Plan approval required.

Outdoor lighting for non-residential development and multifamily development is subject to approval by the administrator. The lighting plan shall show sufficient information to determine compliance with the standards of this section and may require a photometric plan or other information which can demonstrate compliance with this article.

(Ord. of 07-25-2022(2), § 2)

Sec. 20-3604. - Outdoor lighting requirements.

(1)

Outdoor lighting fixtures shall be installed in a manner to protect the street and neighboring properties from direct glare or hazardous interference of any kind. Glare or hazardous interference are situations where the sensation produced by luminance within the visual field is sufficiently greater than the luminance to which the eyes are adapted, such as to cause annoyance, discomfort, or loss in visual performance and visibility.

(2)

Outdoor lighting shall be constructed and operated to minimize the spillover of obtrusive light onto property outside the boundaries of the property on which the lighting is sited which could result in annoyance, discomfort or distraction to persons on the other property.

(3)

Gas station canopy lights should be recessed into the canopy to minimize light spillover.

(4)

All outdoor lighting fixtures, subject to this section, except for temporary and emergency lighting, that would otherwise cause glare or obtrusive spillover shall be shielded, recessed or otherwise oriented or treated in such a way to prevent glare or obtrusive spill over.

(5)

As a general principle, all outdoor lighting shall be directed downward and away from adjoining property and streets.

(6)

All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. Floodlights and display lights shall be positioned such that any such fixture located within 50 feet of a public street right-of-way is mounted and aimed perpendicular to and away from the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way.

(7)

The mounting height of all outdoor lighting shall not exceed 40 feet above finished grade, except that the mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed 80 feet from finished grade.

(8)

All light fixtures shall meet the IESNA definition of cutoff fixtures. Forward throw fixtures (Type IV light distribution, as defined by the IESNA) are required within 25 feet of any public street right-of-way. Alternatively, directional fixtures (such as floodlights) may be used provided they shall be aimed and shielded in accordance with this Section.

(9)

Sign lighting shall be regulated in accordance with Section 20-4108.

(Ord. of 07-25-2022(2), § 2)