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13-1 I P a g e Article 13 Regulation of Off-Site Impacts Table of Contents 13-1 Chapter 13.1 Outdoor Lighting 13-2 Section 13.1.1 ..Purpose and Intent 13-2 Section 13.1.2 ..Light Measurement Technique 13-2 Section 13.1.3 ..Applicability 13-2 Section 13.1.4 ..Exemptions 13-2 Section 13.1.5 ..Prohibitions 13-3 Section 13.1.6 ..Newly Installed Luminaries to Comply 13-3 Section 13.1.7 ..Luminaries Creating Glare to be 13-3 Section 13.1.8 ..General Standards for Outdoor Lighting 13-3 Section 13.1.9 ..General Standard for Illuminance Levels 13-4 Section 13.1.10 Parking Areas 13-4 Section 13.1.11 Drive Under Canopies and Pump Islands at Fueling Stations 13-4 Section 13.1.12 Outdoor Recreation and Performance Facilities 13-5 Section 13.1.13 Loading/Unloading Platforms and Active Storage Yards 13-5 Section 13.1.14 Lighting of Outdoor Display Areas 13-5 Section 13.1.15 Lighting for Buildings and Landscaping 13-6 Section 13.1.16 Sign Lighting 13-6 Section 13.1.17 Security Lighting 13-6 Section 13.1.18 Light Trespass Reduction Measures 13-6 Section 13.1.19 Control of Glare on Roadways 13-6 Section 13.1.20 Reduction of Reflected Solar Glare 13-7 Section 13.1.21 Lighting Plan Required 13-7 Section 13.1.22 Temporary Lighting Permits 13-7 Section 13.1.23 Violations and Enforcement 13-9 Chapter 13.2 Noise 13-9 Section 13.2.1 ..Purpose and Intent 13-9 Section 13.2.2 ..Noise Disturbance 13-9 Section 13.2.3 ..Exemptions 13-10 Section 13.2.4 ..Violations and Enforcement 13-10 Chapter 13.3 Vibration 13-10 Chapter 13.4 Odors 13-10 Chapter 13.5 Smoke or Particulate 13-10 Chapter 13.6 Electromagnetic Interference 13-11 ---PAGE BREAK--- 13-2 I P a g e Chapter 13.1 Outdoor Lighting Section 13.1.1 Purpose and Intent These regulations are intended to: • Encourage systematic practices in the use of outdoor electrically powered luminaries, consistent with conserving energy and maximizing the benefits to the citizenry; • Increase nighttime utility, safety, security and productivity, to foster the nighttime use of property, and to protect the privacy for residents; • Reduce light trespass, obtrusive light and sky glow, and reduce roadway glare and extreme variations of illumination, to which elderly drivers are particularly sensitive; • Preserve and enhance the natural nighttime visual environment of Morgan County; • Preserve the views of the starry sky, encouraging the enjoyment of their aesthetics, the education of the public in the sciences, and the astronomical study of celestial bodies; • Accomplish these purposes by limiting illuminance levels, by directing the luminaire emissions away from roadways, other properties and the sky, and by reducing illumination levels during later hours of the night. Section 13.1.2 Light Measurement Technique Light level measurements: • Shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant; • Shall be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground pointing up; • The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent • Shall be taken with a light meter that has been calibrated within the year; • Light levels are specified, calculated and measured in foot candles (FC). Section 13.1.3 Applicability All public and private outdoor lighting installed in Morgan County shall be in conformance with the requirements established by these regulations. Section 13.1.4 Exemptions The following shall be exempt from the provisions of this Section: • Outdoor luminaries existing and legally installed prior to the effective date of this Ordinance, provided, however, that no change in use, replacement, structural alteration, or restoration of such luminaires, except for bulb replacement, shall be made unless it thereafter conforms to the provisions of this Ordinance; • All temporary emergency lighting needed by police or fire department or other emergency services; ---PAGE BREAK--- 13-3 I P a g e • All hazard warning luminaires required by Federal regulatory agencies; • All vehicular luminaires; • Airport lighting that is required for the safe and efficient movement of aircraft during flight, takeoff, landing, and taxiing. All other outdoor lighting at airport facilities shall comply with the provisions of this Ordinance; • Lighting for meteorological data gathering purposes; • Lamps producing light directly by the combustion of natural gas, kerosene, or other fossil fuels; • Glass tubes filled with neon, argon, and for interior use only; • Fluorescent tubes that are filtered to show a specific color: violet, blue, green or yellow; • Low-wattage fluorescent, quartz-halogen, and incandescent light sources used for holiday decorations; • All light fixtures installed by public agencies, their agents or contractors for the purpose of illuminating public streets or roadways. Section 13.1.5 Prohibitions The following types of outdoor lighting are prohibited: searchlights for advertising purposes and the use of laser source light, or any similar high intensity light, for advertising purposes. Section 13.1.6 Newly Installed Luminaires to Comply All luminaires, except for those specifically exempted by this Section, hereafter installed for outdoor lighting in Morgan County shall be full cutoff luminaires, as defined in this Ordinance, or another luminaire that does not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire. Section 13.1.7 Luminaries Creating Glare to be Redirected Any luminaire that is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, shall be redirected or its light output controlled as necessary to eliminate such conditions. Section 13.1.8 General Standards for Outdoor Lighting Unless otherwise specified in this Article, the following standards shall apply to all outdoor lighting: • All floodlights shall be installed such that the fixture shall be aimed down at least forty-five (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; • Flood lights and display lights shall be positioned such that any fixture located within fifty (50) feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side- by-side horizontal aiming tolerance not to exceed fifteen (15) degrees from perpendicular to the right-of-way; • All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way; • All wall pack fixtures shall be cutoff fixtures; ---PAGE BREAK--- 13-4 I P a g e • Service connections for all freestanding fixtures installed after the application of this Ordinance shall be installed underground. Section 13.1.9 General Standards for Illuminance Levels Except where otherwise specified, illuminance levels for outdoor lighting shall comply with the following standards: At Property Lines Including Rights-of-Way Maximum Foot-candles At property line abutting a residential use 0.5 At property line abutting an office or institutional use 1.0 At property line abutting a commercial or light industrial use 1.5 Section 13.1.10 Parking Areas Illumination levels for all outdoor parking areas shall conform to the following standards: Off-Street Parking Lots Minimum Foot-candles Average Foot-candles Maximum Foot-candles Residential areas 0.5 2 4 Office-professional areas 1.0 3 6 Commercial areas 2.0 6 12 Light industrial areas 1.0 4 8 • All fixtures other than floodlights and flood lamps, of more than 2,000 lumens shall be cutoff fixtures; • Non cutoff fixtures may be used when the maximum initial lumens generated by each fixture shall not exceed 9500 initial lumens per fixture; • All metal halide, mercury vapor, fluorescent, induction, white high pressure sodium, and color improved high pressure sodium lamps used in non-cutoff fixtures shall be coated with an internal white frosting inside the outer lamp envelope; • All metal halide fixtures equipped with a medium base socket must utilize either an internal refractive lens or a wide-body refractive globe; • All non-cutoff fixture open-bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uplight; • The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed twenty (20) feet above finished grade, unless approved by the Director as having no adverse affect. Section 13.1.11 Drive Under Canopies and Pump Islands at Fueling Stations In order to limit adaptation problems of the eyes of drivers while leaving a bright area and entering a dark area, the average horizontal illuminance on the pavement shall not exceed 5 foot candles under a canopy where all adjacent roadways have no street lights, and shall not exceed 10 foot candles under a canopy where an adjacent roadway has street lights. The luminaire shall be recessed into the canopy ceiling so that the bottom of the luminaire does not extend below the ceiling. ---PAGE BREAK--- 13-5 I P a g e Section 13.1.12 Outdoor Recreation and Performance Facilities Illumination shall be provided by full cutoff luminaires, except for large areas, where luminaire supports inside the areas would restrict the function or compromise safety. Examples of such large areas include, but are not limited to, baseball, softball, soccer and football fields, and golf driving ranges. Shielded floodlights shall be used for these areas. Smaller areas, including tennis, volleyball and racquetball courts, and swimming pools, shall utilize full cutoff luminaires and shall conform to the requirements of this Ordinance regarding light trespass. • The average illuminance on the ground shall not exceed 50 foot candles. • The mounting height of outdoor recreation and outdoor performance area lighting fixtures shall not exceed eighty (80) feet from finished grade unless approved by the Planning Commission as having no adverse effect and approved by the Board of Commissioners as part of a Conditional Use Permit. • All outdoor sports fields and outdoor performance lighting 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. • The hours of operation for the lighting system for any game or event shall not continue for more than one hour after active use of the area ceases. Section 13.1.13 Loading/Unloading Platforms and Active Storage Yards Illumination for construction, manufacturing, repair, loading/unloading platforms and active storage yards shall be provided by full cutoff luminaires, except for particularly large areas, such as a trucking terminal for which luminaire supports would restrict the function or compromise safety. • Shielded floodlights shall be used in these areas; • The average illuminance on the pavement or ground shall not exceed 100 foot candles; • The average level of illumination on areas used for these areas shall not continue after 11:00 PM, nor more than one hour after active use of the area ceases, if later. Section 13.1.14 Lighting of Outdoor Display Areas • Any light source permitted by this Ordinance may be used for lighting of outdoor display lots, such as, but not limited to, automobile sales or rental, recreational vehicle sales, or building material sales; • Illumination shall be provided by full cutoff luminaires; • The mounting height of outdoor display area fixtures shall not exceed twenty (20) feet above finished grade, unless approved by the Planning Commission and Board of Commissioners as having no adverse affect. ---PAGE BREAK--- 13-6 I P a g e The maximum allowable illuminance values on pavement for outdoor display areas are listing in the following table: Area Maximum Illuminance on Pavement (foot-candles) Maximum to Minimum Ratio First Row (or area immediately adjacent to roadway) 10 5:1 Other Rows or Areas 5 10:1 Entrances 5 5:1 Driveways 2 10:1 Section 13.1.15 Lighting for Buildings and Landscapes Luminaires used to illuminate flags, statues, steeples, monuments and other tall narrow objects shall be illuminated with the type of luminaire that directs the narrowest beam capable of illuminating the object. Illuminance at the level of the illuminated object shall not exceed 100 foot candles. Lighting for buildings for aesthetic purposes shall be directed downward from the top, with the exception that selected portions of a building may be illuminated from below, if the portions illuminates total less than half of the vertical face. The average illuminance shall not exceed 10 foot candles. All outside illumination of any building and/or surrounding landscape, public or private, for aesthetic, architectural, or decorative purposes is prohibited after 11:00 PM or when the business closes, whichever is later. Section 13.1.16 Sign Lighting Any externally illuminates outdoor advertising sign erected subsequent to the effective date of this Ordinance shall be illuminated form the top. Vertical illuminance shall not exceed 55 foot candles. In the event that any sign is rendered nonfunctional by damage, the lighting shall be made to conform to this Ordinance when the function of the sign is restored. The source of light for signs shall be effectively shielded from adjacent residential properties and streets. Illumination shall not exceed 0.5 foot candles measured in a vertical plane above a height of 5 feet at a residential property line or right-of-way. See Article 17 for additional information related to signs. Section 13.1.17 Security Lighting • Full cutoff luminaires shall be used for all security lighting and dusk-to-dawn area lighting. • The number of luminaires remaining on for security lighting shall not exceed one fourth of the total number of each type of luminaire used for the maximum level of illumination; after dividing the total number by four, any remainder is counted as a whole number. • Automatic timing devices that control the hours of illumination may remain on Eastern Standard Time throughout the year. ---PAGE BREAK--- 13-7 I P a g e Section 13.1.18 Light Trespass Reduction Measures All luminaires, except street lighting and those used on one- or two-family dwellings, shall be located, designed, fitted, aimed, shielded, installed and maintained to limit illumination only to the target and to minimize light trespass. The designed illuminance for pavement or ground shall be provided by a luminaire installed closer than four times the luminaire height. Directional luminaires such as floodlights, wall pack lights and spotlights shall be aimed so that the center of the beam is not more than 62 degrees above nadir. Directional luminaires shall be shields as needed for minimizing misdirected light. Section 13.1.19 Control of Glare on Roadways It shall be unlawful to place or maintain on private property any luminaire of such intensity or brilliance within the field of view of a driver so as to impair his/her vision upon the public roadway, or to interfere otherwise with the operation of a motor vehicle. Every reasonable effort shall be made to ensure that the brilliance of any luminaire less than ten (10) degrees from a passenger car driver’s line of sight; either along the roadway ahead or toward each traffic control device, sign, or signal, does not exceed the brilliance of the headlight on an oncoming passenger car whose extended center line lies 10 feet to the driver’s left, when the car is between 60 and 100 feet from the driver, and when the lowermost distribution of light from the headlight is in use. Section 13.1.20 Reduction of Reflected Solar Glare No building of more than one story, on which glass constitutes more than one quarter of a side, shall be constructed, until the orientations for the glass have been selected which will avoid sunlight reflections within ten degrees of the driver’s field of view upon any public roadway. The orientations for the glass shall account for the bearing and altitude angles of the sun at all times of the day on all days of the year. Section 13.1.21 Lighting Plan Required This Section shall be implemented as a condition of approving development projects. Whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage, subdivision approval, or approval of any residential, commercial, industrial, mixed use subdivision plan, or any land development plan approved by the County, including all County projects, the applicant shall, as part of said application, submit sufficient information to enable the Building Inspector or his/her designee to determine whether the proposed outdoor lighting will comply with this Ordinance. Submission of plans and evidence of compliance shall include the following: • A site plan indicating the layout of proposed luminaire locations; • An impact statement demonstrating that the proper steps have been taken to ensure no negative impact upon the community and its residents. This statement shall include a plan showing the location and use of adjacent properties; • Manufacture’s catalog cuts that provide a description of the luminaires, including wattage, lumen output, glare reduction/control devices, lamps, on-off cycle control devices and mounting devices; • Mounting heights and aiming angles with photometric data showing the angle of cutoff of light emissions for the proposed luminaires; • Maintained horizontal illiminance shown as foot candles, after depreciation; • Maximum horizontal illuminance shown as foot candles; ---PAGE BREAK--- 13-8 I P a g e • Minimum horizontal illuminance shown as foot candles; • Maximum to minimum uniformity ratio; • Average to minimum uniformity ratio; • In areas where more than half of the maximum allowable foot candle values listed in this Ordinance are applied for: a photometric grid, showing foot candle readings every 10 feet and the average foot candles, that demonstrates adequate illumination intensity and uniformity at ground level; and foot candle values measured three feet above ground level along the boundaries of the site where adjacent to a residential zoning district and a nature-preserve type park. • Supporting documentation when using recommendations by the Illuminating Engineering Society of North America, a professional engineer, a profession architect or other authority on outdoor lighting; • For the approval of any multi-story building having over 25 percent exterior glass, submit documents showing that reflected sunlight at all times of the day on all days of the year will be minimized in the directions that will cause glare on public roads; • Such other information as the Director or his/her designee may determine is necessary to ensure compliance with this Ordinance; • If the Director determines that the proposed lighting does not comply with this Ordinance, the permit shall not be issued or the plan approved. Section 13.1.22 Temporary Lighting Permits The Director of Planning and Development may grant a permit for temporary lighting, which does not conform to the provisions of this Ordinance, if he/she finds the following: • The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days, except that the permit for a major construction may extend to completion; • The proposed lighting is designed in such a manner as to minimize light trespass, glare and sky glow; • The proposed lighting will comply with the general intent of this Ordinance; • The permit will be in the public interest, such as a circus, fair, carnival, or civic uses; • The application for the Temporary Lighting Permit shall include the following information: Name and address of applicant and property owner; Location of proposed luminaire(s); Type, wattage and lumen output of lamp(s); Type and shielding of proposed luminaire(s); Intended use of the lighting; Duration of time for requested exemption; The nature of the exemption; Other information that the Building Inspector may request; Means to minimize light trespass, sky glow, and glare. The Director will endeavor to rule on the application within five business days from the date of submission of the request and notify the applicant in writing of his/her decision. The Director may grant one renewal of the permit for an additional thirty (30) days if he/she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. ---PAGE BREAK--- 13-9 I P a g e The Director is not authorized to grant more than one temporary permit and one renewal for a thirty day period for the same property within one calendar year. Section 13.1.23 Violations and Enforcement It shall be unlawful to install, erect, construct, enlarge, alter, repair, move, improve, convert, or operate an outdoor luminaire in violations of this Ordinance. The County may require corrective action for any lighting installation that becomes nonconforming, due to damage or lack of maintenance. The County is authorized to order the modification of any luminaire that it finds to be a definite hazard or gross nuisance to the public, particularly a brilliant luminaire that causes objectionable glare to the users of a roadway. Chapter 13.2 Noise Section 13.2.1 Purpose and Intent The purpose of this Chapter is to prohibit unreasonably loud, disturbing or unnecessary noise in the County. Section 13.2.2 Noise Disturbance Prohibited It shall be unlawful for any person to create or assist in creating, permit or continue any unreasonably loud, disturbing or unnecessary noise in the County. Noise of such character, intensity and duration that is detrimental to the reasonable comfort, health or life of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises that constitute a public nuisance in violation of this Chapter and which shall be abated: • The keeping or maintenance of any domestic animal which, due to prolonged or habitual barking, howling, whining, or other noises, causes annoyance to neighborhood residents, or interferes with the reasonable use and enjoyment of the premises occupied by such residents, is hereby declared to be a public nuisance and shall be abated as provided in this Chapter; • The sounding of any bell, horn, whistle, mechanical device operated by compressed air, or signal device while not in motion, except as a danger signal, for an unnecessary and unreasonable period of time; • The use of any siren, other than for police, fire or emergency vehicles; • The use or operation of any musical instrument, radio, loud speaker, or sound amplifying device so loudly as to disturb persons in the vicinity thereof; • The erection, excavation, demolition, alteration or repair of any building or structure in the vicinity of residential dwellings between the hours of 10:00 PM and 7:00 AM, except in the case of urgent necessity in the interest of public safety, and then, only with a permit from the Director of Planning and Development; • The creation of excessive noise on any street adjacent to any school, institution of learning, court, or religious congregation while the same are in session, or within 150 feet of a hospital which unreasonably interferes with the working of such institution; • The shouting or crying of peddlers, vendors or residents, which disturbs the peace and quiet of a residential area; ---PAGE BREAK--- 13-10 I P a g e • The unnecessary creation of loud or excessive noise in connection with unloading or loading vehicles or merchandise; • The use of any vehicle that is in a state of disrepair as to create loud or unnecessary grinding, rattling, backfiring, or other noise. Section 13.2.3 Exemptions The following activities or sources are exempt from these noise standards: emergency signaling devices, domestic power tools, air conditioning equipment, operating motor vehicles, and refuse collection vehicles. Also exempt are the following: • The un-amplified human voice. However, nothing in this subsection is intended to prevent the prosecution under any other ordinance or statute based upon the un-amplified human voice; • Railway locomotives and cars; • Normal sounds of reasonably cared for agricultural or domestic animals, and the sounds of necessary farming equipment for a bona fide agricultural operation; • Aircraft operations; • Bells or chimes of churches or other places of worship. Section 13.2.4 Violations and Enforcement A violation of this Chapter is a violation of this Zoning Ordinance, punishable pursuant to Section 2.17. Chapter 13.3 Vibration No activity or operation shall cause or create vibrations that are recurring and perceptible at any property line without the aid of instruments. Any use that creates intense, earth-shaking vibration, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back a minimum of 500 feet from the boundary of any property containing a residence. Chapter 13.4 Odors The emission of noxious odors in such quantities as to be detectable at any point along property lines is prohibited. Exemptions to this requirement are as follows: • Odors that occur as part of normal agricultural operations. Chapter 13.5 Smoke or Particulate Matter The emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall be unlawful. Emissions from fireplaces used for noncommercial or recreational purposes shall be exempt from this regulation. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and driveways within lot boundaries, shall be kept to a minimum by appropriating landscaping, paving, oiling or other acceptable means. Emissions from prescribed burning that comply with O.C.G.A. 12-6-146. 12-6-147 and 12-6-148 shall be exempt from this regulation. ---PAGE BREAK--- 13-11 I P a g e Chapter 13.6 Electromagnetic Interference Any interference with normal radio, telephone or television reception across property lines shall be prohibited.