PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XVIII, Lighting [Added 1-22-2008 by L.L. No. 2-2008]

§ 190-160. Statement of need and purpose.

  1. Good outdoor lighting benefits everyone. It increases safety, promotes the Village's character, and enhances security. Improperly designed or installed lighting systems can result in excessive glare, light pollution, light trespass, and lead to higher energy costs. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy. Light pollution reduces enjoyment of the night sky. Lighting systems that minimize glare and provide uniform lighting at lower illumination levels will result in pleasing environments that are safe and secure. There is a need for a lighting ordinance that recognizes the benefits of good outdoor lighting and provides clear guidelines for its installation to allow the use of property without the interference of light.
  2. The intent of this article is to eliminate problems created by improperly designed and installed outdoor lighting. It is intended to minimize glare and light trespass. All commercial, residential, and community exterior lighting systems shall be installed with the goal of being a "good neighbor," with no unnecessary light shining onto adjacent properties or streets. Appropriately regulated and properly installed outdoor lighting will contribute to the safety and welfare of the residents of the Village of Honeoye Falls and complement the Village's character.

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§ 190-161. Conformance with applicable codes.

  1. Outdoor illuminating systems shall be designed and installed in conformance with the latest provisions of this article, New York State Building Code, National Electrical Code, and Village of Honeoye Falls Code, as applicable.
  2. All existing outdoor lighting systems that do not comply with the requirements of this article that were lawfully installed and operable prior to the effective date of this article shall be considered a preexisting nonconforming outdoor lighting system. Preexisting nonconforming outdoor lighting systems shall be permitted to remain in their current state without any change whatsoever. It is the intent of this provision to allow the continued use and reuse of properties with preexisting nonconforming outdoor lighting systems without mandating full compliance with the provisions of this article.
  3. Any change to a preexisting nonconforming outdoor light's luminaire type, lamp type, whole or partial fixture replacement or any structural alteration shall require the entire fixture to conform to all applicable requirements of this article.
  4. Any change in use to an existing property that includes renovations, alterations, additions or other modifications or improvements to the existing building and related site and cumulative modifications completed within a two-year period whose construction value exceeds 50% of the replacement value of the existing building and site improvements shall require all existing outdoor lighting systems to be replaced or modified as required to fully comply with all applicable requirements of this article.
  5. All existing outdoor lighting at single- and two-family dwellings shall be exempt from this article. All new outdoor lighting and modifications to existing lighting systems at single- and two-family dwellings shall comply with all applicable requirements of this article.
  6. Incandescent luminaires with lamp wattage of 100 watts or less are exempt from this article.

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§ 190-162. Basic terms and definitions.

For the purposes of this article, terms used shall be defined as follows:

CANDELA -- The luminous intensity in a given direction.

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.

FILTERED -- Any outdoor light fixture which has a glass, acrylic, or translucent enclosure of the light source (quartz glass does not meet this definition).

FLOOD or SPOT LIGHT -- Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

FOOTCANDLE (f.c.) -- A unit of illuminance equal to one lumen per square foot.

FULLY SHIELDED LIGHTS -- Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane, which shall be certified by a photometric test report or the manufacturer.

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.

HEIGHT OF LUMINAIRE -- The height shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

IESNA -- Illuminating Engineering Society of North America.

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

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

LIGHT TRESPASS -- The light produced by a luminaire beyond the boundaries of the property on which it is located.

LUMEN -- A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this article, the lumen-output values shall be the initial lumen output ratings of a lamp.

LUMINAIRE -- The 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.

PARTIALLY SHIELDED -- Outdoor light fixtures shielded or constructed so that no more than 10% of the light rays are emitted by the installed fixture at angles above the horizontal plane which shall be certified by a photometric test report or the manufacturer.

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§ 190-163. Control of glare; light pollution; light trespass.

Outdoor lighting systems shall comply with the following:

  1. The maximum height of any luminaire shall not exceed 20 feet above grade level.
  2. The maximum candela value of all exterior luminaires shall fall within the property line.
  3. Any luminaire facing a neighboring property shall be shielded to keep direct glare from said property.
  4. The use of IESNA-designated full cutoff luminaires is required for lamp packages with more than 3,500 initial lumens and shielding shall be provided for all luminaires with lamps having more than 1,000 initial lumens.
  5. Any luminaire within a distance of 2.5 times the mounting height from the property boundary shall have full shielding.
  6. The maximum illuminance levels for outdoor lighting systems, when measured on a vertical plane at five feet six inches above grade level at the property boundary, for the Village zoning districts shall be as set forth below:

    Districts Before 11:00 p.m. or
    During Business Hours
    After 11:00 p.m. or
    After Business Hours
    R1, R2, RM, RA, GRM, RC 1 Lux (0.1 fc) 1 Lux (0.1 fc)
    TV, IP, MULIC Tier 3 3 Lux (0.3 fc) 1 Lux (0.1 fc)
    VB, SC, GC, MULIC Tiers 1
    and 2 (except outdoor display
    lots)
    8 Lux (0.8 fc) 2 Lux (0.2 fc)

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§ 190-164. Illumination levels; lamps; lighting controls.

  1. The color temperature of lamps used in outdoor illumination shall be equal to 3,900K or less.
  2. All exterior lighting shall contain automatic lighting controls to turn off or reduce the illuminance level of lighting for all nonresidential structures or uses.
  3. The maximum average horizontal illuminance measured at ground level and maximum average/minimum uniformity ratios in the Village zoning districts shall be as follows:

    Districts Maximum Average
    Horizontal Illumination
    During Business Hours
    or Before 11:00 p.m.
    Maximum Average to
    Minimum Uniformity
    Ratio
    R1, R2, RM, RA, GRM, RC 4 Lux (0.4 fc) 6:1
    TV, IP, MULIC Tier 3 5 Lux (0.5 fc) 4:1
    VB, SC, GC, MULIC Tiers 1
    and 2 (except outdoor display
    lots)
    10 Lux (1.0 fc) 3:1

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§ 190-165. Outdoor signs and flags.

  1. Signs.
    1. Luminaires used to illuminate an outdoor sign shall be mounted on the top of the sign structure and be fully shielded. Bottom-mounted, or ground-mounted luminaires are prohibited. Only light of constant intensity shall be emitted; flashing, intermittent rotating or moving lights are prohibited. Internally lit signs are prohibited. Signs illuminated between the hours of 11:00 p.m. and 5:00 a.m. are prohibited unless the premises upon which the sign is located is open for business, in which event the close of business shall be used in place of 11:00 p.m.
    2. The placement of any illuminated sign or a sign lighting device shall prevent the illumination therefrom to be directed or beamed upon a public street, sidewalk or adjacent properties so as to cause glare or reflection that may constitute a hazard or nuisance.
  2. Commercial flags. Flagpole-mounted or ground-mounted luminaires shall be permitted to illuminate the American flag only. One such illuminated flag shall be permitted on each premises. Total combined light output of all flag luminaires shall not exceed 28,000 initial lumens. Flagpole luminaires located in residential zones shall not exceed 9,500 lumens. Shielding is required on ground-mounted luminaires to prevent direct lamp glare into the public way and/or adjacent property. Ground-mounted luminaires shall be installed within a six-foot radius from the base of the flagpole.

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§ 190-166. Submission of site plans; evidence of compliance with code.

  1. Submission contents. The applicant for any permit required by any provision of the laws of the Village of Honeoye Falls in connection with proposed work involving outdoor luminaires shall submit evidence that the proposed work will comply with this article. The submission shall contain but shall not necessarily be limited to the following:
    1. Scaled photometric plan showing iso-footcandle curves and/or a point-by-point illumination grid at grade level. Provide a calculation summary indicating average, minimum, and maximum illumination levels as well as average-to-minimum uniformity ratio. The plans should indicate the mounting height and location of all luminaires on the premises and clearly show property boundaries.
    2. A luminaire schedule listing the type of luminaire, height and type of pole, and type and wattage of lamp.
    3. Description of the luminaire, lamps, supports, reflectors, lighting controls, and other devices and the description may include, but is not limited to, catalog cuts and photometric information for each luminaire.
    4. The submission provisions of this article shall not apply to outdoor lighting for single-and two-family dwellings.
  2. Additional submission. The Planning Board may require additional documentation to ensure that the plans comply with the provisions of this article.
  3. Subdivision plat map certification. If any subdivision proposes to have installed street or other common or public area outdoor luminaries, the final plat shall contain a statement certifying that the applicable provisions of this article are adhered to.
  4. Lamp or fixture substitution. Should any luminaires or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Planning Board for its approval, together with adequate information to assure compliance with this article, which must be received prior to substitution.

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§ 190-167. Special uses.

  1. Recreational facilities. Any light source permitted by this article may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts or show areas, provided all of the following conditions are met:
    1. Luminaires for parking lots and other areas surrounding the playing field, court, or track shall comply with this article.
    2. All luminaires used for event lighting and parking areas shall be shielded as defined in § 190-163 of this article.
    3. All events shall be scheduled so as to complete all activity before or as near to 10:30 as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00.
  2. Outdoor display lots. Any luminaires permitted by this article may be used for lighting of outdoor display lots which are permitted by the Village Code such as, but not limited to, automobile sales or rental, recreational vehicle sales, or building material sales, provided all of the following conditions are met:
    1. Luminaires for parking lots and surrounding areas shall comply with this article.
    2. All luminaires used for display lighting shall be shielded as defined in § 190-163 of this article.
    3. The maximum average horizontal illumination level when measured at ground level during business hours or before 11:00 p.m. shall not exceed 10 footcandles in the first row adjacent to roadways and five footcandles in other rows and entrances. The maximum-to-minimum uniformity ratio shall not exceed 5:1 in the row adjacent to roadways and 10:1 in other rows.
    4. Display lot luminaires shall be turned off within 30 minutes after closing of the business. Under no circumstances shall the full illumination of the lot be permitted after 11:00 p.m.
    5. Under no circumstance shall the lighting system cause glare on adjacent roadways nor create nuisance glare to surrounding properties as determined by the Planning Board.
  3. Service stations. The maximum average horizontal illumination level, measured at ground level, for lighting systems for automobile service stations, including fuel dispensing areas, shall not exceed five footcandles. All canopy-mounted luminaires at the fuel dispensing area shall be turned off at 11:00 p.m.
  4. Security lighting. Any lighting used after 11:00 p.m. shall be used as security lighting and the maximum illumination level shall not exceed 0.2 footcandles when measured on a vertical plane five feet six inches above grade level at the property boundary.

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§ 190-168. Temporary exemption.

  1. Any person may submit a written request to the Planning Board demonstrating a need for a temporary exemption from the provisions of this article. A temporary exemption request shall contain the following information:
    1. Specific exemption or exemptions requested;
    2. Type and use of luminaires involved;
    3. Duration of time requested for the exemption;
    4. Type of lamp and calculated lumens;
    5. Total wattage of lamp or lamps;
    6. Proposed location on premises of the luminaries;
    7. Previous temporary exemptions granted;
    8. Physical size of luminaires and type of shielding provided;
    9. Such other data and information as may be required by the Planning Board;
    10. The public and/or private benefits that will result from the temporary lighting; and
    11. Any annoyance or safety problems that may result from the use of the temporary lighting.
  2. Planning Board response. The Planning Board shall have 30 business days from the date of submission of a request for temporary exemption to act. If approved, the exemption shall be valid for a period not greater than 30 days. An approval may be renewed, upon written request, for one additional period not greater than 30 days. The Planning Board may grant only one temporary permit and one renewal within any twelve-month period.

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§ 190-169. Other exemptions.

  1. Holiday lighting. Luminaires used for holiday decorations are exempt from the requirements of this article.
  2. State and federal facilities. Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government or the State of New York, or any department, division, agency or instrumentality thereof, are exempt from all requirements of this article. Voluntary compliance with the intent of this article at those facilities is encouraged.

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§ 190-170. Appeals.

Any person substantially aggrieved by any decision of the Planning Board, made in administration of this article, has the right to appeal to the Zoning Board of Appeals of the Village of Honeoye Falls.

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§ 190-171. Law governing conflicts.

Where any provision of the laws of the State of New York or County of Monroe conflict with any provision of this article, the most restrictive shall govern unless otherwise regulated by law.

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§ 190-172. Violations.

It shall be a violation for any person to violate any of the provisions of this article. Each and every day during which the violation continues shall constitute a separate offense.

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