City of Tarpon Springs, Florida

Transcription

PLANNING AND ZONING DEPARTMENT
324 EAST PINE STREET
P.O. BOX 5004
TARPON SPRINGS, FLORIDA 34688-5004
(727) 942-5611
FAX (727) 943-465
PLANNING & ZONING BOARD AGENDA
OCTOBER 17, 2016 REGULAR MEETING
CITY HALL AUDITORIUM,
324 EAST PINE STREET, TARPON SPRINGS, FLORIDA
7:00 P.M.
1. CALL TO ORDER/ROLL CALL
2. QUASI-JUDICIAL ANNOUNCEMENT AND SWEARING IN OF SPEAKERS
3. Application No. 16-97: Ordinance 2016-13 LDC Amendment to Article XVII. Public
Art Program
4. Discussion Item 1: Site Plan Notification Requirements
5. Discussion Item 2: Information on Prospective Lighting Ordinance
6. STAFF COMMENTS
7. BOARD COMMENTS
8. ADJOURNMENT
If a person decides to appeal any recommendation made by the Planning & Zoning Board with respect to any matter
considered at these meetings or hearings, they will need a record of the proceedings, and that, for such purpose, they may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. You are invited to attend the meeting to express your views or to present facts in regard to
the case. Written comments may be addressed to the Planning & Zoning Department, P.O. Box 5004, Tarpon Springs,
Florida 34688-5004, and will become part of the record. All documents submitted with the applications are on file and
available for inspection in the Planning & Zoning Department, City Hall. Further information may be obtained from the
Planning & Zoning Department, (727) 942-5611. Said hearing may be continued from time to time pending adjournment.
Any person with a disability requiring reasonable accommodation in order to participate in these meetings should call (727)
942-5611 or FAX a written request to (727) 943-4651.
STAFF REPORT
October 10, 2016
TO:
PLANNING AND ZONING BOARD
FROM:
HEARING DATES: OCTOBER 17, 2016 (PLANNING & ZONING BOARD)
OCTOBER 18, 2016 (BOARD OF COMMISSIONERS) 1ST READING
NOVEMBER 1, 2016 (BOARD OF COMMISSIONERS) 2ND READING
SUBJECT: APP-16-97 LDC AMENDMENT ARTICLE XVII, SECTIONS
288 THROUGH 304: ORDINANCE NUMBER 2016-13: AN ORDINANCE
OF THE BOARD OF COMMISSIONERS OF THE CITY OF TARPON
SPRINGS, FLORIDA, AMENDING SECTIONS 288 THROUGH 304 OF
ARTICLE XVII OF THE COMPREHENSIVE ZONING AND LAND
DEVELOPMENT CODE OF THE CITY OF TARPON SPRINGS
ENTITLED “PUBLIC ART PROGRAM,” TO ALLOW GREATER
FLEXIBILITY
IN
PUBLIC
ART
COMMITTEE
MEMBER
QUALIFICATIONS, JURY CONSTITUTION, AND CITY STAFF
SUPPORT; TO CLARIFY THE DOCUMENTS THE PUBLIC ART
COMMITTEE MUST PREPARE AND SUBMIT; TO ALLOW THE
PUBLIC ART COMMITTEE TO APPROVE REIMBURSEMENT OF
COMMITTEE MEMBERS’ AUTHORIZED EXPENSES; TO ALLOW
MORE FLEXIBILITY IN ARTIST SELECTION; TO CORRECT
VERBIAGE CONSISTENCY, CAPITALIZATION AND PUNCTUATION,
AND SCRIVENER’S ERRORS; AND TO PROVIDE FOR SEVERABILITY
AND AN EFFECTIVE DATE.
I.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 2016-13 to amend Article XVII, Sections 288
through 304 of the Comprehensive Zoning and Land Development Code.
II.
Background
The City has been experiencing difficulty filling the Public Art Committee positions as
defined in Article XVII, Section 289. As such the following changes to the Public Art
Committee composition are being proposed along with changes to the Public Art Program
processes. The changes are outlined below:
•
Section 288.00 Definitions: clarification, enumeration of percentages with text and
numerals, and revising City Commission to read Board of Commissioners.
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Section 289.00 Public Art Committee: Revise Public Art Committee composition,
revise the appointments process for Public Art Committee members, revise City
Commission to read Board of Commissioners, and revise Department names.
Section 290.00 Powers and Duties of the Committee: Revise City Commission to
read Board of Commissioners, and clarification of annual report requirements.
Section 291.00 Public Art Project Juries: Public Art Committee serving as a jury,
enumeration of jurors and number of votes with text and numerals, and changes
committee’s name.
Section 292.00 Committee Procedures: add a vice chairman, set month for
elections, changes to reimbursement of expenses, and remove terms of service
limits of committee members.
Section 293.00 Removal of Members: Revise City Commission to read Board of
Commissioners.
Section 294.00: Artist Selection Methods: Removal of language from of slide
registry provision, scrivener’s error correction and enumeration of percentages
with text and numerals.
Section 295.00 Artist Selection Criteria: No Change
Section 296.00 Art Design Standards for Development and Redevelopment:
Enumeration of percentages with text and numerals.
Section 297.00 Safety Standards: No Change
Section 298.00 Public Art Program Guidelines: Remove Artist Selection and art
selection criteria from this section and revise Art Committee to Public Art
Committee.
Section 299.00 Public Art Master Plan: No Change
Section 300.00 Appropriation of City Capital Improvement Project (CIP) Funds:
Revise name of Public Art Master Plan, change reference of annual report to One
Year Plan and Budget Request and revise City Commission to read Board of
Commissioners.
Section 301.00 Public Art Fund: Add Public to Art Fee in sub paragraph (A), revise
City Commission to read Board of Commissioners, and enumeration of
percentages with text and numerals.
Section 302.00 Ownership of Artwork: Revise reference to Public Art Fund, and
enumeration of percentages with text and numerals.
Section 303.00: Approval By Board of Commissioners: Revise section title and
remove approval of Public Art items from consent agenda.
Section 304.00: Appeals: Name change of Department and enumeration of number
of working days.
List of Exhibits:
1) Ordinance 2016-13
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ORDINANCE NO. 2016-13
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF
TARPON SPRINGS, FLORIDA, AMENDING SECTIONS 288 THROUGH
304 OF ARTICLE XVII OF THE COMPREHENSIVE ZONING AND LAND
DEVELOPMENT CODE OF THE CITY OF TARPON SPRINGS ENTITLED
“PUBLIC ART PROGRAM,” TO ALLOW GREATER FLEXIBILITY IN
PUBLIC ART COMMITTEE MEMBER QUALIFICATIONS, JURY
CONSTITUTION, AND CITY STAFF SUPPORT; TO CLARIFY THE
DOCUMENTS THE PUBLIC ART COMMITTEE MUST PREPARE AND
SUBMIT; TO ALLOW THE PUBLIC ART COMMITTEE TO APPROVE
REIMBURSEMENT OF COMMITTEE MEMBERS’ AUTHORIZED
EXPENSES; TO ALLOW MORE FLEXIBILITY IN ARTIST SELECTION; TO
CORRECT VERBIAGE CONSISTENCY, CAPITALIZATION AND
PUNCTUATION, AND SCRIVENER’S ERRORS; AND TO PROVIDE FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, it is difficult to fulfill Public Art Committee positions as defined in Section
289.
WHEREAS, the Public Art Committee requires the support of the Public Works
Department from time to time as specified in Sections 289 and 297.
WHEREAS, clarification is needed as to the reports the Public Art Committee is
responsible to prepare and submit to the Board of Commissioners as detailed in Sections 290 and
298-300.
WHEREAS, the Public Art Committee, at its discretion, would like to allow Jury
members to serve more often than once in any two-year period as stated in Section 291.
WHEREAS, the Public Art Committee would like to authorize reimbursement of preapproved member expenses as stated in Section 292.
WHEREAS, the Public Art Committee does not want the slide registry to serve as the
primary resource in artist selection as stated in Section 294. The Public Art Committee would
also like to rename the registry the “Artists’ Registry.”
WHEREAS, consistency of verbiage, capitalization and punctuation, and scrivener’s
errors have been corrected in Article XVII of the Comprehensive Planning Zoning and Land
Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF TARPON SPRINGS, FLORIDA, AS FOLLOWS:
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SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
SECTION 2. Article XVII of the Comprehensive Zoning and Land Development Code of
the City of Tarpon Springs, sections 288-304, entitled “Public Art Program,” is amended as
follows with underlined sections being added and the struck-through sections being deleted.
ARTICLE XVII. - PUBLIC ART PROGRAM
§ 288.00 - DEFINITIONS.
(A) Definitions. For the purposes of this section, the following words and phrases shall have the
following meanings:
(1)
Affordable Housing means housing for families who pay more than thirty percent (30%) of
their income towards their housing expenses and make less than or equal to 120% of Area
(Tampa-St. Petersburg-Clearwater) Median Income (AMI) as calculated by The Department
of Housing and Urban Development and the Florida Housing Finance Corporation.
(2)
Aggregate Job Value means the total of all construction costs associated with a particular
site plan project regardless of the number of permits associated with the project, or whether
it is a phased project. Construction costs include all labor, structural materials, plumbing,
electrical, mechanical, infrastructure, and site work.
(3)
Artist or Professional Artist means a practitioner in the visual arts, generally recognized by
critics and peers as an Artist of serious intent and ability. Indications of a person's status as
an Artist include, but are not limited to, income realized through the commission of artwork,
frequent or consistent art exhibitions, placement of artwork in public institutions or museums,
receipt of honors and awards, and training in the arts.
(4)
Art, Artwork or Works of Art means tangible creations by Artists exhibiting the highest quality
of skill and aesthetic principles and includes all forms of the visual arts conceived in any
medium, material, or combination thereof including, but not limited to, paintings, sculptures,
engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals,
photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monuments erected to commemorate a person or an event, functional
furnishings, such as Artist-designed seating and pavers, architectural elements designed by
an Artist, and Artist-designed landforms or landscape elements. The following shall not be
considered artwork or works of art for purposes of this chapter:
(a)
Reproductions or unlimited copies of original artwork.
(b)
Art objects which are mass produced.
(c)
Works that are decorative, ornamental, or functional elements of the architecture or
landscape design, except when commissioned from an Artist as an integral aspect of a
structure or site.
(5)
Building means any structure that encloses space and is used or built for the shelter or
enclosure of persons, businesses, chattel or property.
(6)
Development means any construction or redevelopment of any private or public building
within the limits of the City.
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(7)
Eligible City Capital Improvement Projects means projects included in the approved Tarpon
Springs' Capital Improvement Program, commencing with the City's Fiscal Year 2007/08
budget, for any new facility construction or renovation projects equal to or greater than
$1,000,000.00 including, but not limited to, buildings, greenways, roads, parking facilities,
bridges or other above-ground projects. Specifically excluded from this definition are street
resurfacing, major drainage, wastewater, below-grade utilities, annual repair and
replacement projects and any other project where the funding source is restricted from being
used for the purchase of Public Art.
(8)
Public Art Committee means the entity appointed by the City Commission Board of
Commissioners to administer the Public Art Program.
(9)
Public Art Fund means a separate, interest-bearing account set up by the City to receive
monies for the Public Art Program.
(10) Publicly Accessible means locations that are open to the general public and artwork that is
visible to the general public during normal business hours.
(11) Remodeling or Converting means changes to the facade of a building, changes to the interior
of a building, increases or decreases in the floor area of a building and changes to exterior
improvements.
(12) Renovation Projects means those projects requiring a City building permit where 50 fifty
percent (50%) or more of the building footprint is being modified, rebuilt or improved by
construction.
(13) Single-Family Residential Lot means a lot in single ownership designed for not more than
one (1) family, and is not a part of a series of vacant lots or parcels sharing continuous street
frontage under unified ownership.
(14) Streetscape means City passageways including streets, boulevards and alleyways. They
encompass public spaces such as roadways and sidewalks, semi-private spaces such as
residential front yards and commercial terraces, and include the street trees, flower boxes
and planters that enhance these spaces.
(15) Subcommittee means a subset of the main committee members organized for a specific
purpose. Any subcommittee shall act only in an advisory capacity to the main committee.
Any subcommittee shall comply with any applicable Sunshine and other open meeting laws.
(16) Total Construction Budget means the final approved budget amount for all eligible City capital
improvement projects as submitted and approved by the City Commission Board of
Commissioners in the City's annual capital improvement program budget.
§ 289.00 - PUBLIC ART COMMITTEE.
(A) There is hereby created and established a committee to be known as the Public Art Committee.
(B) The Public Art Committee shall consist of five (5) members. The Committee is encouraged to have
as one (1) of its members a high school or college student. The Committee shall also have two
(2) alternate members. The alternate members may substitute for any member of the Committee
who is unable to be present at a scheduled Committee meeting. If a high school or college student
sits as a member of the Public Art Committee and is under the age of eighteen (18) and, therefore,
not allowed to vote and there is as a consequence a tie vote, then any alternate member present
and eligible to vote shall break the tie vote. If both alternates are present at a meeting and only
one (1) is needed, the member with seniority shall vote. If both have equal seniority the voting
member shall be selected by drawing names out of an opaque receptacle. Membership of the
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Public Art Committee shall include a mixture of the following types of individuals: No more than
two (2) Art Committee members at any given time shall be from the same category, (1)-(5), below.
(1)
Individuals from an environmental design field (architecture, landscape architecture, urban
planning/design); Design Professionals;
(2)
Visual art professionals Artists;
(3)
Private citizens knowledgeable in the field of Public Art, education, or community affairs; and
(4)
Private citizens from the development community; and
(5)(4) A high school or college student who shall be a non-voting member if under the age of
eighteen (18).
(C) All members shall reside in the City. Appointments for voting members shall be made for three (3)
years. Any non-voting member shall be appointed for a one (1) year term. A member may be
reappointed upon approval of the City Commission Board of Commissioners. It is the intent of the
City Commission that consecutive terms for Committee members be limited as much as is feasible
in order to allow a diversity of representation on the Committee.
(D) Selection of the Committee members shall reflect the ethnic, artistic, economic, and demographic
diversity of the community. All Committee members shall possess an awareness of contemporary
art as well as other traditional art forms.
(E) The Director of the Development Services Building Development and/or Public Works
Departments or his or her designee(s) from his or her staff shall attend the Public Art Committee
meetings whenever possible and shall serve as an advisor(s) to the Committee without a vote.
(F) The Director of the Cultural and Civic Services Department or his or her designee from his or her
staff shall also attend the Public Art Committee meetings whenever possible and shall serve as
an advisor to the Committee without a vote.
§ 290.00 - POWERS AND DUTIES OF THE COMMITTEE.
(A) The Public Art Committee shall have the following powers and duties:
(1)
Adoption of Public Art Program Guidelines and amendments thereto;
(2)
After consensus from the Board of Commissioners as to the desirable locations for Public
Art, adoption of a Public Art Master Plan identifying locations for potential public artworks
and establishing a priority order;
(3)
Adoption of an annual budget that shall be approved as an item on a consent agenda by the
Board of Commissioners. The initial budget for the Public Art Committee shall be taken from
the Cultural Affairs and Civic Services Department budget and shall be approved by the City
Manager or designee;
(4)
Authorize expenditures of $15,000.00 or less in furtherance of the Public Art Program;
(5)
To recommend other expenditures of the Public Art Fund to the City Commission Board of
Commissioners over $15,000.00;
(6)
To exercise their authority to approve, approve with conditions or disapprove proposed
installation of artwork based on Public Art Program Guidelines; and
(7)
To follow the approved Public Art Program Guidelines;
Page 4
(8)
To appoint a Jury for specific Public Art projects;
(9)
To adopt procedures for the functioning of any appointed Jury;
(10) To issue written instructions to jurors detailing the Jury's duties and responsibilities relating
to a particular project;
(11) To pursue matching funds from private and public sources; and
(12) To submit an annual report a One Year Plan and Budget Request to the Board of
Commissioners outlining and explaining the previous year's expenditures and setting forth a
description of the major projects undertaken during the year and the progress towards
completion for those projects.
§ 291.00 - PUBLIC ART PROJECT JURIES.
(A) The Public Art Committee shall may appoint the three (3) or five (5) Jury members for each Public
Art project. The members should strive to appoint a variety of persons as jurors.
(B) The Jury members may include the following:
(1)
The architect (in the case of a building) or site designer (in the case of a project that does
not include a building) of the project.
(2)
A working visual Artist.
(3)
An arts facility/organization administrator.
(4)
A representative of the neighborhood where the project is to be located.
(5)
A member at large.
(6)
A member of the Historic Preservation Board if the project is within the Historic Preservation
District.
(C) The Jury shall make recommendations to the Committee of specific Artists and art projects and
shall be bound by the same rules of procedure as the Committee, except that a quorum shall be
either two (2) or three (3) jurors depending on whether the Jury is made up of three (3) or five (5)
jurors.
(D) The Public Art Committee shall adopt procedures for the functioning of the Jury.
(E) The Public Art Committee shall have the option of constituting itself as the Jury. If the Jury is so
constituted additional members may be added at the Committee's discretion. No juror may serve
more than once in any two-year period, in an attempt to bring a diversity of interests to the selection
process and to more precisely match the expertise of the Jury members to each project unless
the Public Art Committee is sitting as the Jury for a particular project.
(F) Each Jury shall be comprised of either three (3) or five (5) jurors depending upon the size and
complexity of the individual project.
(G) The Public Art Commission Committee shall issue written instructions to jurors detailing the Jury's
duties and responsibilities relating to the project prior to the first meeting of the Jury. These
instructions shall outline the method by which the Jury is to make its selection as well as the
technical and aesthetic criteria on which that selection is to be based. The Jury shall adhere to
these written instructions and criteria in making its recommendation.
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(H) The Cultural and Civic Services Director or designee, in consultation with the Public Art
Committee, shall determine the overall budget for the selection of an Artist and the commission of
a work of art prior to the first meeting of the Jury. This budget shall be based on the scope of the
project and the proposed method of selection. Expenses related to the selection of an Artist will
be kept to a necessary minimum as required by each project. The Jury shall adhere to this budget,
except in the instance where it is proven to be inappropriate, at which time the initial budget may
be altered to accommodate the new conditions subject to the approval of the City Manager or
designee.
(I)
Each juror shall have one (1) vote. If a consensus cannot be reached by the Jury within a
reasonable amount of time, as determined by the Public Art Committee and the City Manager or
designee, then a vote shall be taken with the majority carrying the decision.
(J)
The Jury shall have the option of making no recommendation if there is no proposal judged to be
of sufficient merit. In such instances the matter shall be referred back to the Public Art Committee
for resolution, which may include a new selection process or the abandonment of the project.
§ 292.00 - COMMITTEE PROCEDURES.
(A) Chairman. The members shall elect a chairman and vice-chairman each year from among its
members each January.
(B) Quorum. The presence of three (3) or more members shall constitute a quorum. Members may
participate telephonically if they cannot attend in person as long as the participation complies with
the applicable open meetings laws.
(C) Expenses. Members shall serve without compensation, but may be reimbursed for such preapproved travel, mileage and per idem expenses as may be authorized by a majority vote of
the City Commission Public Art Committee.
(D) Meetings. If any member fails to attend two (2) of three (3) successive meetings without cause
and without prior approval of the chairman, the Committee may declare the member's office
vacant, and the Board of Commissioners shall promptly fill that vacancy.
(E) Conflict of Interest. If any member of the Public Art Committee shall find that his or her private or
personal interests are involved in the matter coming before the Committee, he or she shall
disqualify himself or herself from all participation in that matter. No member of the Public Art
Committee shall have his or her work of art considered or approved by the Public Art Committee
during their term of service on the Committee or for one (1) year thereafter.
(F) The Committee shall elect its own officers and establish by-laws and rules for governing the
conduct of meetings, and specifically:
(1)
The officials of the Committee shall be a chairman and a vice-chairman who have been
elected by the Committee. The only limitation on the number of terms of office to which these
officials may be elected is the limitation of the number of terms each member of the
Committee may serve. However, it is the intent of the City Commission that the Committee
members serve a maximum of two (2) consecutive terms if there are other qualified persons
desiring to be seated as Committee members.
(2)
The chairman of the Committee may call meetings of the Committee. Meetings may also be
called by written notice signed by at least two (2) members of the Committee.
(3)
The Committee shall convene no less frequently than once every quarter, unless deemed
unnecessary by the chairman with concurrence, pursuant to all Sunshine and other open
meeting laws, either written, in person, or telephonic, of a majority of the members of the
Committee. The Committee may meet more often should the demand necessitate.
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(4)
The Committee may, at any meeting, set a future meeting date.
(5)
Minutes shall be kept by a City staff member of all meetings including the vote of each
member upon each action by the Committee.
(6)
The City shall furnish administrative support, staff members, and office space as required for
the purpose of assisting in the implementation of recommendations and advice of the
Committee including providing a staff member with an appropriate art background for
purposes of researching and helping the Committee draft and finalize the Public Art Master
Plan, Public Art Program Guidelines and any annual reports or other necessary documents,
or grant proposals.
(7)
Any policy decision requiring approval by the Committee shall be by motion and approved
by a majority of those members present and voting, except that at least three (3) members
must vote for the action to be official.
(8)
Staggered terms shall be provided for by the drawing of lots such that two (2) members of
the first panel shall agree to serve for only one (1) year.
(G) Legal counsel. The City Attorney's office shall provide legal counsel as may be reasonably
required by the Committee for the performance of its functions.
§ 293.00 - REMOVAL OF MEMBERS.
The City Commission Board of Commissioners shall have the power to remove any members of the
Public Art Committee without cause for any reason.
§ 294.00 - ARTIST SELECTION METHODS.
(A) The Public Art Committee, with input from the Cultural and Civic Services Director or designee,
shall determine the method of Artist selection to be used for each project. The method of Artist
selection employed, and the determination as to how that method is to be implemented, will
depend upon the Public Art Committee's overall approach to each project and its commitment to
fulfilling all aspects of the stated intent of the City's Public Art Program.
(B) The Public Art Committee shall establish, and the Cultural and Civic Services Director or designee
shall maintain, an open slide registry for all Artists interested in being considered for commissions
through the City’s Public Art Program. The Slide Registry shall serve as the primary resource in
the competitive selection of Artists/artworks. In establishing and maintaining an Artists’ Registry
the Committee may partner with the Pinellas Arts Council or the State of Florida Arts Council.
(C) The Public Art Committee shall maintain the following general guidelines regarding the methods
of Artist/artwork selection which may be employed for a particular project:
(1)
Open Entry Competition - Any Artist is eligible to enter with recognition of the possible
residency requirements. The site and prospectus are appropriately advertised. Artists may
be asked to submit slides of their past work, resumes and letters of intent related to the
specific project or specific proposals for the project under review.
(2)
Limited Entry Competition - The Public Arts Committee or its Subcommittee invites a limited
number of Artists to participate in the selection process. The Artists selected may be asked
to submit slides of past work or proposals based on the project prospectus. The names of
the Artists invited to participate shall be publicly announced upon receipt of written
acceptance of the invitation.
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(3)
Direct Selection of the Artist - An Artist is invited to participate in the project and may be
asked to develop a proposal for the project. If desired, a team of several Artists may be put
together.
(4)
Direct Purchase of an Existing Artwork - A completed work of art is purchased. No more than
ten percent (10%) of the cost of the work may go toward a dealer or agent.
(5)
In the case of a limited competition and direct selection, an Artist may be asked to develop
an artwork proposal for a specific City Public Art project. If asked to develop a proposal, an
Artist may be paid a proposal fee on the basis of an approved fee schedule. This schedule
shall be determined by the Public Art Committee and consist of a sliding schedule based on
the total project commission.
(D) The following criteria, at minimum, shall also be considered by the Public Art Committee in the
selection of an Artist:
(1)
Ability of the Artist to complete the project within a specified schedule and budget;
(2)
Exhibition and sales history of the Artist, as well as works of art in public collections and
previous Public Art purchases or commissions;
(3)
Appropriateness of their proposal to the particular project;
(4)
In the case of the design team approach, an Artist's willingness to fully participate in a
collaborative process; and
(5)
Any other criteria set forth in the Public Art Program Guidelines as amended from time to
time.
(E) Members of the Jury and the Public Art Committee shall by be excluded from consideration as an
Artist on a City Public Art project. Employees of the City of Tarpon Springs may be considered as
Artists eligible for selection to provide Public Art to the City as long as all applicable state and
federal laws are complied with.
§ 295.00 - ARTIST SELECTION CRITERIA.
The following criteria, at minimum, shall be considered by the Public Art Committee in the selection of
artwork:
(A) Appropriateness of the artwork to the site and site environmental conditions;
(B) Maximum visual accessibility to pedestrian or vehicular traffic as set forth in the Public Art Program
Guidelines;
(C) Quality of the artwork;
(D) Whether the proposed artwork encourages the preservation of ethnic cultural arts and crafts;
(E) Whether the proposed artwork contributes to the City's sense of identity and entails some measure
of public significance;
(F) Due consideration shall be given to the appropriateness of the proposed design in terms of its
scale, form, content and design with respect to its immediate and general, social and physical
environment;
(G) Maintenance requirements;
Page 8
(H) Whether the artwork too closely resembles a business logo or sign and should, therefore, be
rejected; and
(I)
Any other criteria set forth in the Public Art Program Guidelines as amended from time to time.
§ 296.00 - ART DESIGN STANDARDS FOR DEVELOPMENT AND REDEVELOPMENT.
(A) All projects and developments consisting of new construction or renovation related to commercial,
industrial, mixed-use projects and developments, and residential projects and developments, with
the specific exception of renovations to or development of individual single family residential lots
which are hereby exempted from the requirements of this Ordinance, any of which equal or exceed
an aggregate job value of $1,000,000.00 which are submitted for building permits must allocate
not less than one percent (1%) of the aggregate job value up to the sum of $100,000.00 per project
for the provision of Public Art. If renovations affect multiple structures on a project site, which may
be permitted separately, the aggregate job value is based on the construction valuation of all
permits for the site.
(B) When a project is subject to the requirement of a Public Art allocation, the developer shall have
two (2) options:
(1)
The developer may contract with a professional Artist to create a permanent public artwork
as part of the development project. Artworks must be located in publicly accessible locations.
If desired, support will be available from both City staff and the Public Art Committee to assist
in the selection of an Artist. Before contracting with the Artist, the property owner will submit
for approval by the Public Art Committee the Artist qualifications, the Artist's proposal, a
statement of how the project satisfies the parameters of the Public Art Program and a budget
reflecting that the allocation of funds required by the Program has been met. Such artwork
may include amenities such as streetscapes, paving treatments, architecturally integrated
water features as well as mosaics, murals, or sculpture, etc. The artwork must be completed
or commissioned before a certificate of occupancy will be issued.
(2)
In lieu of an on-site project, a developer may contribute .75 percent (.75%) of the aggregate
job value to the City's Public Art Fund. This in-lieu fee must be paid prior to the issuance
of the building permit.
(C) Excluded from this requirement shall be:
(1)
Projects with an aggregate job value under $1,000,000.00.
(2)
Residential developments of new construction for affordable housing.
(3)
Eligible projects pending approval for a building permit that have submitted a complete
application prior to the date of passage of this Ordinance provided that:
(a)
The application is approved within six (6) months of the date of application.
(b)
Construction begins within six (6) months of the issuance of such approval and is
diligently pursued to completion.
§ 297.00 - SAFETY STANDARDS.
Before any Public Art project is installed in the City it must be approved by the City’s Risk Management
Department. It must also be reviewed by the Building Department and all applicable permits must have
been issued. In addition, a City Public Art Contract must have been executed prior to installation.
§ 298.00 - PUBLIC ART PROGRAM GUIDELINES.
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The Public Art Committee shall prepare, with the assistance of a City staff person as provided for in
Section 292.00 herein, and from time to time revise, Public Art Program Guidelines and make the same
available to the public which shall provide guidance for program organization; organizational
governance and staffing responsibilities; procedures for project planning; Artist selection; art selection
criteria; art placement criteria; donations, loans and memorials; collection management; and
administration of the Public Art Fund. The Board of Commissioners may also from time to time adopt
criteria by resolution for design and placement criteria and legal requirements for memorials or other
Public Art. Any resolution adopted by the Board of Commissioners shall take precedence over any
guidelines adopted by the Public Art Committee.
§ 299.00 - PUBLIC ART MASTER PLAN.
The Public Art Committee, with the assistance of a City staff person as provided for in Section 292.00
herein, shall prepare, with input from the Board of Commissioners, and from time to time revise, a
Public Art Master Plan that identifies locations for public artworks and establishes a priority order.
§ 300.00 - APPROPRIATION OF CITY CAPITAL IMPROVEMENT PROJECT (CIP) FUNDS.
(A) Commencing with City of Tarpon Springs Fiscal Year 2007/08, all appropriations for eligible City
capital improvement projects that have an aggregate job value of $1,000,000.00 or more shall
include a City Public Art contribution of not less than one percent (1%) of the total construction
budget before the addition of the Public Art cost, but not to exceed the sum of $100,000.00 per
project, subject to the City budgeting and appropriating such funds. If the funding source for the
project is not legally permitted to be used for artwork or specifically prohibits the use of the monies
for designed elements exposed to public view, then for the purpose of calculating the amount of
the City Public Art contribution for the project only, the total construction budget shall be reduced
on paper for the purposes of calculating the City's contribution to Public Art under this Ordinance
only by that portion of the funding so restricted.
(B) All appropriations for Public Art will be used solely for Public Art and design.
(C) Funds appropriated from the budget for one (1) capital improvement project, but not deemed
necessary or appropriate for that project, may be used for other areas in the City as prioritized by
the Public Art and design Master Plan and as permitted by law and in accordance with restrictions
on the original funding source.
(D) The City Commission Board of Commissioners shall review and approve a Public Art and design
Master Plan, and amendments thereto, to be prepared by City staff and the Public Art Committee
for the expenditure of funds appropriated and fees collected for Public Art. The annual Public
Art and design program One Year Plan and Budget Request shall be developed by the Public Art
Committee in consultation with City staff and shall be presented to the City Commission Board of
Commissioners for approval during its annual budget review process.
§ 301.00 - PUBLIC ART FUND.
(A) There is hereby created a Public Art Fund administered by the Public Art Committee which shall
consist of all contributions received from Public Art fees for development and redevelopment of
projects as stated herein, cash grants and donations to the City for Public Art projects from
governmental or private resources and all other funds allocated by the City through the budgetary
process for the provision of Public Art.
(B) The Public Art Fund shall be used solely for expenses associated with the selection,
commissioning, acquisition, transportation, maintenance, public education, promotion,
administration, removal and insurance of the works of art or in relation thereto. The Public Art
Committee can authorize expenditures of $15,000.00 or less in furtherance of the Public Art
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Program. All expenditures in excess of $15,000.00 must have prior approval from the City
Commission Board of Commissioners.
(C) The City shall maintain a separate accounting of monies received from the operation of this Article.
(D) Monies in the Public Art Fund shall be used for:
(1)
Commissioning, display and acquisition of Public Art including Artist design fees, Artist
residency fees, purchase price, transportation, installation and site preparation related
directly to the installation of the Public Art;
(2)
General improvements to the surrounding site and location up to a maximum of fifteen
percent (15%) of the artwork cost;
(3)
Maintenance of Public Art owned by the City of Tarpon Springs including fees paid to the
professional conservators and the original Artist for conservation and repair;
(4)
Promotion and public education including brochures, on-site descriptive plaques, dedication,
and Public Art tours;
(5)
Removal of Public Art including relocation to a new site; and
(6)
Damage and theft insurance of Public Art.
(E) Public Art Fund expenditures shall not be spent for the following:
(1)
Fees for the project architect, engineer or any professional not contracted by the Artist or by
the conservator if the project entails conservation;
(2)
Construction costs not associated with the Public Art; and
(3)
Normal internal City staff costs.
(F) Maintenance Reserve. Within the Public Art Fund, a separate, interest-bearing account will be
created to hold reserve monies for Public Art maintenance. With each Public Art project, an
amount equal to ten percent (10%) of the artwork cost will be transferred from general Public Art
Fund monies to the maintenance reserve.
(G) Bond Funding of Capital Projects. All language for voter-approved and council-approved bonds
will include Public Art as a category of expenditure related to the capital improvements specified
in the bond.
§ 302.00 - OWNERSHIP OF ARTWORK.
(A) Ownership of all works of art acquired on behalf of the City pursuant to the requirements of this
Article shall be vested in the City, which shall retain title to each work of art.
(B) All works of art acquired on behalf of the City pursuant to the requirements of this Article shall be
donated and title shall be transferred pursuant to a standard Tarpon Springs Public Art Contract
reviewed and approved as to form by the City Attorney.
(C) Ownership of all works of art incorporated into private construction projects shall be vested in the
property owner who shall retain title to each work of art. If the property is sold, the seller shall
either include restrictions in the deed that require maintenance of the artwork and prevent its
removal from the property, or remove the artwork and make a contribution to the Public Art and
design Fund in an amount equal to .75 percent (.75%) of the initial aggregate job value. If the title
is passed to a subsequent owner and, as a result, a deed restriction exists as to the artwork, the
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subsequent owner shall maintain the artwork in accordance with applicable law or other
established guidelines. The artwork cannot be altered, modified, relocated or removed other than
as provided herein without the prior approval of the Public Art Committee.
(D) Property owners retaining title to the subject artwork will be required to maintain the work of art in
good condition in the approved location as required by law or other applicable guidelines including,
but not limited to, normal code enforcement rules to ensure that proper maintenance is provided.
§ 303.00 - APPROVAL BY BOARD OF COMMISSIONERS.
The Public Art Committee's or Jury's decision as to the selection, acquisition, allocation, display,
placement and location of works of art shall be subject to the Tarpon Springs' Board of Commissioners’
approval as a consent agenda item.
§ 304.00 - APPEALS.
Any person adversely affected by an administrative decision of the City staff in the application or
interpretation of any of the provisions of the Tarpon Springs Public Art Ordinance may appeal the
decision to the Board of Adjustment. Any person adversely affected by a decision of the Public Art
Committee or a Public Art Jury with regard to the final approval of a piece of Public Art to be installed
within the City may appeal the decision to the Board of Commissioners. The Board of Commissioners
shall first decide whether to hear the appeal. If by a majority vote, the Board of Commissioners does
decide to hear the appeal it may either uphold the decision of the Public Art Committee or Jury, or
reverse the decision, or remand the decision with modifications and instructions. Any appeal provided
herein shall be taken by filing written application thereof with the Planning and
Zoning Division Department within ten (10) working days from the announcement of the decision. The
application provided for herein shall recite the reasons why the appeal is being taken. No further appeal
shall be allowed. Nothing herein shall be construed as creating any cause of action in any court of law
or administrative tribunal for the rejection of artwork or under any procedure set forth herein.
(§§ 305.00 through 310.00 - reserved)
SECTION 3. SEVERABILITY.
It is the intention of the Board of Commissioners that each provision hereto be considered severable and
if any section, subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder
of the Ordinance shall not be affected.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect upon passage and adoption.
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STAFF REPORT
October 13, 2016
TO:
FROM:
HEARING DATES: TBA
SUBJECT:
I.
DISCUSSION ITEM: SITE PLAN–NOTICE REQUIREMENTS
Background
The Planning and Zoning Board requested a discussion item be placed on the next agenda
to discuss the Notice Requirements for Site Plan Approval.
List of Exhibits:
1) Article XII: Administration and Enforcement
1
ARTICLE XII. - ADMINISTRATION AND ENFORCEMENT
§ 205.00 - GENERAL PROVISIONS.
(A) No development activity shall be undertaken unless it conforms to the provisions of this Code.
(B) The administration and enforcement of this Code shall be the responsibility of the Director of
Planning and Zoning for the City.
(C) The duties of the Director of Planning and Zoning shall include, but not be limited to the following:
(1) To determine compliance with the relevant provisions of this Code.
(2) To coordinate the required requests for development order approval contained in this Code.
(3) To report to the City Manager, City Attorney, and Board of Commissioners regarding the
administration of this Code.
(4) To notify persons responsible for violations of any of the provisions of this Code.
(5) To maintain written records of all official actions related to the administration of this Code.
(6) To receive applications for, forward to the appropriate bodies, and review for compliance
with all the applicable provisions of this Code for development order approval related to, but
not limited to, the following requests:
(a) Amendments to the Official Zoning Atlas.
(b) Annexations.
(c) Certificates of Occupancy.
(d) Conditional Uses.
(e) Site Plans.
(f)
Subdivisions.
(g) Variances and Appeals.
(h) The vacation of streets, plats, or other property.
(7) Prepare and submit to the Board of Commissioners for its consideration a schedule of fees.
(8) Periodically review the provisions of this Code to evaluate the need for updating the
provisions of this Code.
(9) To provide administrative, technical, and consultative assistance to the Board of Adjustment,
Planning and Zoning Commission, and Historic Preservation Board.
(10) To perform such other duties and functions required to administer the provisions of this
Code.
(D) Every application required under the provisions of this Code, unless otherwise specified, shall be
filed with the Planning and Zoning Department of the City. No application shall be deemed
complete unless all the information and materials required by this Code and the City have been
submitted.
(E) The Building Official shall administer the building, construction, and sign codes of the City and
determine that conditions attached to all development orders are met prior to the issuance of a
Certificate of Occupancy.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)
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§ 206.00 - PUBLIC NOTICE REQUIREMENTS.
(A) No public hearing shall be held unless the required notice has been satisfied and an affidavit
documenting such is in the applicable file.
(B) All hearings shall be open to the public. Any person may appear and testify, either in person, or
in writing, or by an authorized agent or attorney.
(C) The hearing body may prescribe the exact procedures for the conduct of hearings; however, the
order of public hearings shall be generally as follows:
(1) Statement of subject matter;
(2) Comments by staff;
(3) Applicant presentation;
(4) Public comment for;
(5) Public comment against;
(6) Rebuttal;
(7) Closure of public comment;
(8) Questions by the Board; and
(9) Vote.
(D) A hearing may adjourn to a date certain within 60 days without the necessity of additional notice.
(E) A hearing adjourned to a date uncertain or to a date not within 60 days shall require additional
notice.
(F) An official record shall be kept of all public hearings. Copies may be made available to the public
upon request.
(G) All legal notice, whether by publication or mail, shall contain substantially the following
information:
(1) Date, time, and place of all scheduled hearings;
(2) The subject matter to be discussed;
(3) Where the application or subject matter may be inspected by the public;
(4) That interested parties may appear and be heard;
(5) That written comments will become part of the record;
(6) That the hearing may be continued as necessary; and
(7) That transcripts of the proceedings are required to appeal.
(H) Where required by this Code, the posting of property shall occur at least 15 days prior to the
hearing date(s).
(I)
Written legal notice shall be constituted by the following:
(1) Mailed notice to each property owner or authorized agent whose real property is the subject
of a request.
(2) Mailed notice to each property owner within 200 feet of the entire contiguous property which
is owned by the person or persons whose property is to be affected by the request,
regardless of what portion of such land is involved in the request.
(3) Written legal notice shall be by first class mail.
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(4) Determination of property ownership shall be by reference to the latest available tax records
of the Pinellas County Property Appraiser's Office.
(5) Written legal notice shall occur a minimum of 15 days prior to the first scheduled hearing on
the request, and shall include the dates of any subsequent scheduled hearings.
(J) Where required by this Code, legal notice publication shall occur as follows:
(1) In a newspaper of general circulation as defined by F.S. Ch. 50.
(2) Ordinance publication shall occur in accordance with the requirements of F.S. Ch. 166.
(3) Land use plan amendments to the Comprehensive Plan shall be noticed in accordance with
the requirements of F.S. Ch. 163 as outlined by the Plan Administrative Element of the
Comprehensive Plan.
(4) Amendments initiated by the City to the Official Zoning Atlas or the text of this Code shall be
noticed a minimum of 14 days prior to the Planning and Zoning Board hearing, shall include
the dates of any subsequent scheduled hearings, and shall be noticed in accordance with
the requirements of F.S. § 166.041.
(K) Absence of the applicant or the applicant's authorized agent at any hearing may constitute
grounds for a continuance or deferral at the discretion of the acting Board.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 94-32, passed 9-20-94)
§ 207.00 - AMENDMENTS.
(A) Amendments to this Code or the Comprehensive Plan shall follow the procedures established by
this section, which supplement the mandatory requirements of State law.
(B) An amendment to the Zoning Map, this Land Development Code and/or the Comprehensive Plan
may be initiated as follows:
(1) Amendments to the Zoning Map and Future Land Use Map Series may be initiated by the
property owner of record.
(2) The Board of Commissioners may initiate an atlas or text amendment to this Code, the
Zoning Map and /or the Comprehensive Plan by motion at a public meeting.
(3) The Planning and Zoning Board may initiate an atlas or text amendment to this code and/or
the Comprehensive Plan by adopting a motion at a public meeting.
(4) The City may initiate a text amendment to this Code, the Zoning Map and/or the
Comprehensive Plan when necessary.
(5) The property owners of an area may request an atlas amendment by filing a petition by the
owners of 50 percent or more of the area involved with the City Manager. The Board of
Commissioners shall consider the merits of said petition at a public meeting and initiate or
not initiate the request by motion.
§ 207.01 - Procedure for Amendments.
(A) Applications for map and text amendments shall be filed with the Planning and Zoning
Department on forms provided by the Director and shall include the required fee established by
this Code.
Page 3
(B) The Director shall forward all applications to the City's Technical Review Committee (TRC) for an
administrative and completeness review to determine compliance with the provisions of this Code,
the Comprehensive Plan and all applicable codes.
(C) Upon receiving a determination from the Technical Review Committee (TRC) that the application
is complete and ready for processing the Director shall notice the application for public hearing
before the Planning and Zoning Board and Board of Commissioners.
(D) Notice for public hearing shall be as elsewhere provided in this Code or the Florida Statutes.
(E) The Planning and Zoning Board shall hold a public hearing on the application for the purpose of
submitting a recommendation to the Board of Commissioners.
(F) The recommendation from the Planning and Zoning Board shall be for approval, approval with
modifications, or denial; and shall include its reasons for denial.
(G) The Board of Commissioners shall review the application and recommendation of the Planning
and Zoning Board and render a decision regarding same. Approval shall be in the form of an
ordinance.
(H) Any application may be withdrawn at any time. A request for withdrawal shall be made in writing
to the Planning and Zoning Director.
(I)
Any final action for denial shall not have another substantially similar application filed on any part
of the subject property for a period of six months from the date of such final action.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am Ord. 97-01, passed 3-4-97)
§ 207.02 - Procedure for Amendments to the Comprehensive Plan.
(A) Any application for amendment of the Comprehensive Plan, or any element or portion thereof,
shall follow the procedures set forth by § 207.01(A) through (F), thence continue the process of
this section as outlined below.
(B) Upon review and recommendation by the Local Planning Agency, the Board of Commissioners
shall hold a transmittal public hearing for the purpose of making a recommendation to the Pinellas
Planning Council (PPC), if applicable, and State Department of Community Affairs (DCA). The
Director will transmit copies of the proposed amendment as required by law.
(C) Upon receipt of objections, recommendations, and comments by the State Department of
Community Affairs (DCA) the Director shall submit same application to the Board of
Commissioners with an updated summary of all action for final adoption.
(D) Notice for public hearings shall be in accordance with the requirements of F.S. Ch. 163.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord 97-01, passed 3-4-97)
§ 207.03 - Standards for Review of Amendments.
(A) Zoning Map Amendments. All requested amendments shall meet the following standards:
(1) The amendment is consistent with the goals, objectives and policies of the Tarpon Springs
Comprehensive Plan.
(2) The available uses to which the property may be put are appropriate to the property in
question and are compatible with the existing and planned uses in the area.
(3) The amendment shall provide for efficient and orderly development considering the impact
upon growth patterns and the cost to the City to provide public facilities.
Page 4
(4) The amendment will not adversely impact nor exceed the capacity or the fiscal ability of the
City to provide available public facilities, including transportation, water and sewer, solid
waste, drainage, recreation, education, fire protection, library service and other similar public
facilities. Compliance with the adopted Levels of Service standards can be demonstrated if
necessary.
(B) Land Development Code Text Amendments. All requested amendments shall meet the following
standards:
(1) The amendment is consistent with the goals, objectives and policies of the Comprehensive
Plan.
(C) Comprehensive Plan Amendments.
(1) The amendment meets the standards of F.S. Ch. 163, Part II, and Florida Administrative
Code Rule 9J-5.
§ 208.00 - ANNEXATIONS.
(A) This section is intended to supplement the requirements of F.S. Ch. 171.
(B) Voluntary applications to annex shall be filed by the property owner of record and shall be filed
with the Planning and Zoning Department on forms provided by the Director and shall include the
required fee established by this Code.
(C) The Director shall forward all applications to the City's Technical Review Committee (TRC) for an
administrative and completeness review.
(D) Upon receiving a determination from the Technical Review Committee (TRC) that the application
is complete and ready for processing the Director shall notice the application for public hearing
before the Planning and Zoning Board and Board of Commissioners.
(E) Notice for public hearing shall constitute written legal notice in accordance with the requirements
of this Article.
(F) The Planning and Zoning Board shall hold a public hearing on the application for the purpose of
submitting a written recommendation to the Board of Commissioners.
(G) The Board of Commissioners shall review the application and recommendation of the Planning
and Zoning Board and render a decision based upon the following factors and approval shall be
in the form of an ordinance:
(1) Whether the property in question would create a municipal or County enclave upon
annexation.
(2) The impact of the property in question upon public facilities and the ability of the City to serve
the property in question with public facilities upon annexation.
(3) Whether the property in question is consistent with the City's Future Land Use Map Series
and the terms of the City's Interlocal Planning Agreement with Pinellas County.
(H) Upon annexation the area annexed shall be subject to all laws, ordinances, and regulations in
force in the City and shall be entitled to the same privileges and benefits of other parts of the City.
(I)
The area annexed shall be subject to the regulations of the Pinellas County land use plan and
zoning code until the area is zoned and designated with a land use district by the City to comply
with its Comprehensive Plan.
Page 5
§ 208.01 - Compliance of annexations with the City/County Interlocal Planning Agreement.
(A) The property subject to an annexation may be zoned and designated with a land use district at
the time of annexation provided the district shown in the City's Future Land Use Map Series and
proposed zoning is equal to or less intensive than the restrictions of the current County
designations for same property.
(B) Existing or proposed designations more intensive than the restrictions of the current County
designations shall require the processing of a zoning and land use plan amendment in
accordance with the procedures contained in this Article.
§ 209.00 - CONDITIONAL USES.
(A) Conditional uses shall be established by the use restrictions of the various zoning districts in this
Code and shall be subject to the approval procedures of this section.
(B) All conditional uses other than a conditional use granted in connection with a nonconforming lot
application as herein provided shall be subject to the following requirements:
(1) Compliance with the provisions of this Code.
(2) Site plan approval in accordance with the provisions of this Code.
(3) Compliance with the use, dimensional, and other restrictions of the zoning district in which it
is located.
(4) Compliance with the provisions of the City Comprehensive Plan.
(C) In connection with the approval of any Conditional Use the Board of Commissioners may make
the granting conditional upon such restrictions, stipulations, and safeguards it deems necessary
to ensure compliance with the provisions of this Code and the Comprehensive Plan. Violation of
such conditions shall be deemed a violation of this Code to be enforced as such.
(D) Applications for conditional use approval shall be filed with the Planning and Zoning Division on
forms provided by the Director and shall include the required fee established by this Code.
(E) The Director shall forward all applications to the City's Technical Review Committee (TRC) for
the Comprehensive Plan and all applicable building codes.
(F) Upon receiving a determination from the TRC that the application is complete and ready for
processing the Director shall notice the application for public hearing before the Planning and
Zoning Board and Board of Commissioners.
(G) Notice of public hearing shall constitute written legal notice in accordance with the requirements
of this Article.
(H) The Planning and Zoning Board shall hold a public hearing on the application for the purpose of
submitting a written recommendation to the Board of Commissioners. The written
recommendation shall contain any provisions of this Code pertaining to the request and determine
compliance with those provisions, state the policy considerations of the Comprehensive Plan
pertaining to the request and determine compliance with those provisions, and shall include
written comments filed pertaining to the application and oral comments entered at the public
hearing pertaining to the application.
(I)
The written recommendation from the Planning and Zoning Board shall be for approval, approval
with stipulations, or denial; and shall indicate reasons for denial.
Page 6
(J) The Board of Commissioners shall review the application and recommendation of the Planning
and Zoning Board. Approval by the Board of Commissioners shall be in the form of a Resolution
which contains all stipulations of approval.
(K) Approval of a conditional use shall be by a majority of those Board members voting on the
application.
(L) Any application may be withdrawn at any time. A request for withdrawal shall be made in writing
to the Planning and Zoning Director.
(M) Any final action for denial shall not have another identical application filed on any part of the
subject property for a period of six months from the date of such final action.
(N) If a conditional use approved ceases for any reason, as documented by the owner, lessor, or
lessee of the premises, except where governmental action impedes access to the site, reapproval in accordance with the following schedule is required:
(1) If a conditional use ceases for less than six months, its approval shall not be considered to
have lapsed and re-issuance of an occupational license to maintain such use may be
approved by the City Manager.
(2) If the conditional use ceases for a period greater than six months but less than one year, the
required conditional use review shall be abbreviated and shall not require review by the
Planning and Zoning Board pursuant to § 209.00(F). Public notice pursuant to § 209.00(G)
and an application fee pursuant to § 246.00 shall be required.
(3) If the conditional use ceases for any length of time exceeding one year, review by the
Planning and Zoning Board in compliance with § 209.00(F), public notice pursuant to §
209.00(G), and an application fee pursuant to § 246.00, shall be required.
(4) If an occupational license for an approved conditional use, or a building permit for a site plan
approved in conjunction with a conditional use, is not issued within one year of approval, the
conditional use approval will be considered to have lapsed and re-approval in accordance
with § 209.00(N)(3) is required. Conditional uses approved in conjunction with a site plan
shall remain in effect provided the site plan complies with § 210.05.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 95-10, passed 5-2-95;
Am. Ord. 2006-48, passed 2-6-07)
§ 209.01 - Standards for review of conditional uses.
No conditional use other than a conditional use granted in connection with a nonconforming lot
application as herein provided shall be recommended for approval or receive a final action of approval
unless a positive finding, based upon substantial competent evidence presented at a public hearing
held by the Board is made on each of the following standards:
(A) Conformance with the requirements of this Code.
(B) The use to which the property may be put is appropriate to the property in question and is
compatible with existing and planned uses in the area.
(C) The conditional use is consistent with the goals, objectives, and policies of all Elements of the
City Comprehensive Plan.
(D) The conditional use will not result in significant adverse impacts to the environment or historical
resources.
(E) The conditional use will not adversely affect adjoining property values.
(F) The conditional use will not adversely impact nor exceed the capacity or the fiscal ability of the
City to provide available public facilities, including transportation, water and sewer, solid waste,
Page 7
drainage, recreation, education, fire protection and emergency services, police protection, library
service, and other similar public facilities. Compliance with the adopted Levels of Service
standards can be demonstrated if necessary.
(G) The conditional use shall provide for efficient and orderly development considering the impact
upon growth patterns and the cost to the City to provide public facilities.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2006-48, passed 2-607)
§ 209.02 - Reserved.
Editor's note— Ord. No. 2012-09, passed May 15, 2012, repealed § 209.02 which pertained to
conditional uses for nonconforming lots and derived from Ord. No. 2006-48, passed February 6,
2007.
§ 209.03 - Standards for review of conditional uses for nonconforming lots.
No Conditional Use Permit granted in connection with a nonconforming lot application as herein
provided shall be recommended for approval or receive a final action of approval unless a positive
finding is made that is based upon substantial competent evidence presented at a public hearing held
by the Board of Commissioners on each of the following standards:
(A) The use to which the property may be put is appropriate to the property in question and must be
found to be (1) compatible with existing and planned uses in the area and (2) compatible with
development patterns in the neighborhood in terms of lot size, frontage, and setbacks and (3)
aesthetically compatible with the surrounding neighborhood.
(B) The Conditional Use is consistent with the goals, objectives, and policies of all elements of the
City Comprehensive Plan.
(C) The Conditional Use will not result in significant adverse impacts to the environment or historical
resources.
(D) The Conditional Use will not adversely affect adjoining property values.
(Ord. 2006-48, passed 2-6-07)
§ 209.04 - Formula based uses.
(A) Findings and Purpose.
(1) The City of Tarpon Springs is a City of distinct neighborhoods with a character unique to its
heritage as a working waterfront community. Its character is also defined by its location on
the Anclote River and its proximity to the Gulf. The City has a defined and unique Historic
District and a small-town feel that it desires to preserve for aesthetic, historic, and economic
reasons. Its economy is dependant on tourism and it is a bedroom community for much of
North Pinellas County. It is identified in large part by the character of its commercial areas.
(2) The City of Tarpon Springs needs to protect its vibrant small business sector and create a
supportive environment for new small business innovations. Goal 5, Objective 5.2 of the
City's Comprehensive Plan states "Ensure that small, locally owned independent
businesses, unique to Tarpon Springs are able to compete with large retail chains"
(3) Retail uses are the land uses most critical to the success of the City's commercial districts.
Page 8
(4) Formula Businesses are increasing in number in The City of Tarpon Springs and in Pinellas
County, as they are in cities and towns across the country.
(5) Money earned by independent businesses is more likely to circulate within the local
neighborhood and City economy than the money earned by Formula Businesses which often
have corporate offices and vendors located outside of The City of Tarpon Springs either
within or without the state of Florida.
(6) Formula Businesses can have a competitive advantage over independent operators
because they are typically better capitalized and can absorb larger startup costs, pay more
for lease space, and commit to longer lease contracts. This can put pressure on existing
businesses and potentially price out new startup independent businesses.
(7) Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness
of the storefront, the standardized architecture, color schemes, decor and signage of many
Formula Businesses can detract from the distinctive character of certain Neighborhoods and
Commercial Districts.
(8) The City of Tarpon Springs has adopted a Multi Modal Transportation District and adopted
Goals. Objectives, and Policies within the Future Land Use Element of the Comprehensive
Plan which encourages housing, shops, work places, schools, parks and civic facilities
intimately co-existing to create and maintain strong identifiable neighborhoods that invite
walking and bicycling and the City's mix of architecture contributes to a strong sense of
community.
(9) The increase of Formula Business Uses in the City, if not monitored and regulated, will
hamper the City's goal of a diverse retail base, design criteria for commercial buildings, and
aesthetically pleasing commercial areas with distinct neighborhood retailing personalities
comprised of a mix of businesses. Specifically, the unregulated and unmonitored
establishment of additional Formula Business Uses may unduly limit or eliminate business
establishment opportunities for smaller or medium-sized businesses, many of which tend to
be non-traditional or unique, thereby decreasing the diversity of merchandise available to
residents and visitors and the diversity of purveyors of merchandise.
(B) Definitions.
(1) "Formula Business Use" is hereby defined as a type of retail sales activity or retail sales
establishment which, along with fifteen (15) or more other retail sales establishments located
in the United States, maintains two or more of the following features: a standardized array
of merchandise, a standardized facade, a standardized decor and color scheme, a uniform
apparel, standardized signage, a trademark or a servicemark.
(2) "Formula Restaurant Use" is hereby defined in the same way as a Formula Business Use
except that in the case of a restaurant one of the features referenced in (1) above is that the
restaurant maintains a prescribed menu that is substantially the same as fifteen (15) or more
restaurants.
(3) "Standardized array of merchandise" shall be defined as 50% or more of in-stock
merchandise from distributers bearing uniform markings.
(4) "Trademark" shall be defined as a word, phrase, symbol or design, or a combination of
words, phrases, symbols or designs that identifies and distinguishes the source of the goods
from one party from those of others.
(5) "Servicemark" shall be defined as word, phrase, symbol or design, or a combination of
words, phrases, symbols or designs that identifies and distinguishes the source of a service
from one party from those of others.
(6) "Decor" shall be defined as the style of interior finishings, which may include but is not limited
to, style of furniture, wallcoverings or permanent fixtures.
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(7) "Color Scheme" shall be defined as selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wallcoverings, or as used on the facade.
(8) "Facade" shall be defined as the face or front of a building, including awnings, looking onto
a street or an open space.
(9) "Uniform Apparel" shall be defined as standardized items of clothing including but not limited
to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name
tags) as well as standardized colors of clothing.
(10) "Signage" shall be defined as within the Sign Code.
(C) Regulations For Formula Based Uses (meaning Formula Business and Formula Restaurant Uses
as defined above).
(1) Formula Based Uses located or to be located along the US Highway 19 corridor bounded by
Live Oak Street to the north, Klosterman Road to the south, the north-south alignment of
Huey Avenue to the west and the north-south alignment of Japonica Avenue to the east shall
be permitted and reviewed in accordance with the applicable zoning district regulations found
elsewhere in this code (see Figure 1 below).
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Page 11
Figure 1
(2) All new Formula Based Uses and expansions of such uses by 500 or more square feet of
floor area that are not within the boundaries described in Figure (1) above shall require a
conditional use review in accordance with Section 209.00 and the following review criteria
set out in (D) below.
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(3) Change of ownership of an existing Formula Based Use shall not, by itself, require obtaining
a conditional use permit.
(4) The Formula Based Use shall be compatible with existing surrounding uses, and shall be
designed and shall be operated in a non-obtrusive manner to preserve the community's
character and ambiance. All Formula Based Uses shall be evaluated for compatibility with
surrounding uses and furthering the intent of the District it is located in as it relates to
promoting the City's tourist oriented economy. When uses under this Code Section are
evaluated for compatibility such factors as scale, mass, intensity, location, size, height, style
and aesthetics shall be taken into account. This list of factors to be considered is not
exclusive and the reviewing body may consider other relevant factors in making a
compatibility determination. The use in order to be compatible shall be found to preserve the
character of the adjacent neighborhoods and the overall character of the City.
(5) Approval of the Formula Based Use will be consistent with the policies and standards of the
City's Comprehensive Plan.
(6) The Board of Commissioners shall make a finding before approval of the Use that the
proposed intensity of use on the site proposed is appropriate given any other uses permitted
on the site and on adjoining sites.
(7) The Board of Commissioners shall further make a finding before approval of the Use that
approval of the Formula Based Use will contribute to an appropriate balance of small,
medium and large-sized businesses in the community.
(D) Review Criteria for Formula Based Uses (meaning Formula Business and Formula Restaurant
Uses as defined above).
(1) In determining compatibility with the surrounding neighborhood the following factors shall be
evaluated:
a.
Form and mass of all structures.
b.
Placement of all structures on the site and integration (or buffering where appropriate)
with adjoining neighborhood.
c.
Internal circulation and interaction of pedestrians, bicycles, and vehicles.
d.
Ability to accommodate mixed uses, either horizontally or vertically, on the site.
e.
Architecture and site design shall compliment or improve upon the surrounding area.
f.
Storefronts greater than 50' in width shall be detailed to appear as multiple storefronts.
g.
Buildings shall be oriented to the street with interior/rear parking and streetscapes shall
included pedestrian friendly amenities such as wider sidewalks, enhanced landscaping,
pedestrian scale lighting, and street furnishings. Where these requirements may conflict
with other regulations of this code the requirements herein shall apply.
h.
Buildings oriented toward the street with interior parking shall be allowed a wall sign for
the road frontage elevation in accordance with sign regulations elsewhere and an equal
size or smaller wall sign for the parking frontage elevation. Such building elevations
along the street, regardless of store front width, shall provide architectural detail to
break up expanses of single-plane blank walls. This detail shall included variation in
facade setbacks to create the appearance of multiple buildings elevations.
i.
Parking lots shall be screened from street frontages in accordance with Figure 2 below
or similar screening methods as approved during the site plan review process
Adjustments to the dimensions of Figure 2 may be altered during the site plan review
process to accommodate specific site conditions.
(2) Formula Based Uses that are part of a unified or planned development that exceeds 40 acres
or are located on parcels of land that exceed 40 acres shall also adhere to the requirements
of Policy 1.1.11 of the Future Land Use Element of the Comprehensive Plan.
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Figure 2
Page 14
(E) Burden of Proof. If the City determines that a building permit application or building permit subject
to this Section of the Code is for a Formula Business Use or a Formula Restaurant Use, the
building permit applicant or holder bears the burden of proving to the City that the proposed or
existing use is not a Formula Business Use or a Formula Restaurant Use.
(F) All Formula Business Uses including Formula Restaurant Uses shall file a Site Plan and obtain
Site Plan Approval as may be required elsewhere in this code.
(G) Formula Business Uses which are located within the City's designated historic district boundary
shall also comply with the requirements of Article VII (Heritage Preservation) of this code.
(Ord. 2009-12, passed 10-6-09)
§ 210.00 - SITE PLANS.
(A) Site plan approval shall be required prior to the issuance of any building permit, construction
permit, Certificate of Occupancy or Occupational License, in accordance with the following:
(1) The approval of a Subdivision in accordance with the requirements of Article X of this Code.
(2) The establishment or expansion of any conditional use.
(3) The establishment, expansion, or change of any use, activity or structure pursuant to the
provisions of §§ 210.00 through 210.05.
(B) Prior to application for site plan approval a pre-application conference with the Planning and
Zoning Department Staff is recommended.
§ 210.01 - Site plan exemptions.
The activities and improvements listed below shall be specifically exempt from the requirement to
obtain site plan approval in accordance with the provisions of §§ 210.00 through 210.05:
(A) The installation of mobile homes and recreational vehicles in mobile home and recreational
vehicle parks where the infrastructure is installed and site plan approval has been previously
granted and has not expired.
(B) Where Final Development Plan approval has been granted in accordance with the provisions of
Article V of this Code.
(C) One and two family dwellings on a lot of record or in an approved and constructed subdivision.
(D) Any change of use to existing structures when such change requires no additional parking
pursuant to the provisions of this Code.
(E) Temporary uses established pursuant to the requirements of this Code.
(F) Additions, improvements, or alterations to existing uses and structures when such changes result
in a one time only increase in gross floor area of 500 square feet or less and do not require Board
of Commissioners approval under § 210.03.
(G) Any request for Sign Permit in accordance with the provisions of Article XI of this Code.
§ 210.02 - Site plan contents.
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(A) All site plans shall be prepared under the direction of a Florida Registered Engineer and sealed by
same.
(B) All submittals for site plan approval shall include a completed application form with proof of ownership
and designation of agent, if applicable, and provide the following information unless otherwise
determined by the Director that the context of the application clearly requires less:
(1) All required information shall be submitted on standard sheets (24" × 36"). Site Plan submissions
requiring more than one sheet shall include match lines and consecutive numbering.
(2) An accurate boundary survey sealed by a Registered Surveyor containing the complete legal
description, plus easements, encroachments, existing structures, and rights-of-way affecting the
property shall accompany the site plan. The survey shall also include the name, location and
width of existing or platted streets and street rights-of-way within or contiguous to the site. Total
site area is required (upland and submerged) with the limits of any jurisdictional wetlands and
MHW levels clearly identified.
(3) Site plans shall be prepared at a scale of one inch equals 60 feet or larger. As necessary, a
smaller scale may be used for large projects. All drawings shall show the scale at which they are
drawn, north arrow, vicinity map, the date they were drawn, and the date of all revisions.
(4) In addition to all proposed buildings and parking areas, the site plan must show all proposed
utilities including sanitary sewer service, and potable water supply, including the location of
proposed fire hydrants.
(5) The location, size, and type of all storm water management facilities with calculations signed and
sealed by an engineer.
(6) The location, description, and terms of any proposed easements, reservations, or dedications,
together with any necessary legal instruments.
(7) A tree survey with overlay of proposed development indicating size, type, location of trees to
remain.
(8) Existing contours and proposed grades at one foot intervals.
(9) Flood zone and required first floor elevation(s).
(10) Complete screening details, including fences or walls and landscaping provided by size, type,
spacing, location with the method of irrigation.
(11) A table of land use showing total area plus a breakdown of all open space (permeable surface)
areas, pavement, building, etc.
(12) Lot dimensions including curve data.
(13) Proposed setback dimensions.
(14) Gross floor area by type for non-residential uses.
(15) Gross density for residential uses and number and types of units.
(16) The proposed architectural elevations and floor plans with accurate dimensions.
(17) Proposed private and public streets with right-of-way dimensions.
(18) Proposed phasing plan by anticipated commencement and completion date.
(19) Dumpster location and screening.
(20) Required parking calculations (parking provided and required).
(21) Size and location of required loading zones.
(22) Required (proposed) sidewalks and internal walkways.
(23) Driveways and access improvements.
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(24) Location and type of site lighting including pole height and fixture type.
(25) Description of the maintenance of common facilities for residential projects.
(26) The location, type, height, and size of proposed signs.
(C) Construction drawings shall be submitted to the Engineering Department within one year following site
plan approval.
§ 210.03 - Site plan procedure.
(A) The expansion of an activity or use which exceeds the thresholds of the following schedule shall
be approved by the Board of Commissioners:
Expansion in
Square Feet
Percentage of
Existing Structure
0 to 10,000
30%
10,001 to 20,000
25%
20,001 to 30,000
20%
in excess of 30,000
15%
(B) The expansion of an activity or use which does not exceed the thresholds of the above schedule
or otherwise requires the approval of a site plan may be approved by the Technical Review
Committee (TRC).
(C) Applications for Site Plan approval shall be filed with the Planning and Zoning Department on
forms provided by the Director, shall include the required fee established by this Code, and shall
be processed as follows:
(1) The Director shall forward all applications to the City's Technical Review Committee (TRC)
for an administrative and completeness review to determine compliance with the provisions
of this Code, the Comprehensive Plan, and all applicable building codes. Approval may be
granted by the TRC where authorized by this Code.
(2) Where approval by the TRC is not authorized by this Code, the Director shall, upon receiving
a determination from the TRC that the application is complete and ready for processing,
forward the application to the Planning and Zoning Board.
(3) The Planning and Zoning Board shall review the application for compliance with the
provisions of this Code, the Comprehensive Plan, and the City's building codes and shall
make a written recommendation to the Board of Commissioners. The written
recommendation shall be for approval, approval with stipulations, or denial; and shall cite
the Code, Plan, or building code provisions which are violated where denial is recommended.
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(4) The Board of Commissioners shall review the application and recommendation of the
Planning and Zoning Board. The Board of Commissioners shall approve, approve with
stipulations, or deny the application; and shall cite the Code, Plan, or building code
provisions which are violated where the application is denied.
(5) All Board actions shall carry by a majority vote of those members voting on the application.
§ 210.04 - Standards for site plan review.
No site plan shall be recommended for approval or receive a final action of approval unless said
application has been found to comply with all of the following:
(A) All the applicable provisions of this Code.
(B) The Comprehensive Plan.
(C) The City's concurrency management system.
(D) All other applicable City building codes.
§ 210.05 - Site plan expirations, extensions, and revisions.
(A) Approval of a site plan shall expire in one year on the date of original approval unless a building
permit has been applied for, except that the Board of Commissioners may approve an alternate
phasing plan at the time of site plan approval.
(B) One extension for up to one additional year may be granted by the Board of Commissioners for
good cause. The review of extension requests shall include an evaluation of the effect of new or
current regulations on the project. Requests for a time extension shall be submitted a minimum
of 30 days prior to the expiration date in writing.
(C) Minor revisions to an approved site plan may be authorized by the Technical Review Committee
(TRC) upon the review of a revised site plan submitted by the original applicant. Major revisions
shall only be authorized in the same manner as originally approved. The following criteria shall
identify a major modification:
(1) Any increase in density.
(2) Any increase in floor area exceeding 500 square feet or the threshold for Board of
Commissioners approval under § 210.03.
(3) Any change in land use.
(4) Any change in project phasing.
(5) Any change which would require an amendment to approval conditions.
(6) Structural alterations significantly affecting the basic size and form of the building(s).
(7) Any reduction in the amount of open space of more than five percent or any substantial
change in the location or characteristics of open space.
(8) Any increase in traffic generation by more than ten percent.
(9) Any change in structure height.
(10) Any change in the number of vehicular access points.
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§ 211.00 - CONSTRUCTION DRAWINGS.
(A) Where construction drawings are required by this Code or any applicable building code the
drawings shall be submitted to, reviewed by, and approved by the City Engineer in a form and
procedure required by the City Engineer.
(B) Construction drawings shall comply with the provisions of this Code, the applicable building code
and the conditions of any previous approvals granted by the City.
§ 212.00 - BUILDING PERMITS.
(A) Valid building and construction permits are required prior to the commencement of any
development activity.
(B) Applications for building and construction permit shall be made through the Building Official.
Construction permits shall only be issued after authorization by the City Engineer.
(C) No application for building or construction permit shall be approved by the Building Official unless
it is accompanied by, and complies with the following minimum information:
(1) An approved site plan or subdivision where such are required.
(2) The application for building permit complies with all previous stipulations of approval.
(3) The proposed development complies with the provisions of this Code, the City's concurrency
management system, the Official Zoning Atlas designation, and the Future Land Use Map
Series designations.
(4) A valid tree removal permit or notarized affidavit of no tree removal or no tree verification
where required, and the conditions of said permit.
(5) The City's Flood Damage Prevention Ordinance, the requirements of FEMA, and the latest
FIRM maps.
(6) A copy of approved SWFWMD permits.
(7) A copy of all applicable approvals from the Pinellas County Health Department.
(8) All necessary variances have been obtained and a copy of the approval letter is submitted.
(9) A copy of a nonconforming lot of record opinion where one is required.
(10) Compliance with all other applicable federal, state, and local building codes is demonstrated.
§ 213.00 - CERTIFICATES OF OCCUPANCY.
(A) A certificate of occupancy shall be issued by the Building Official prior to the occupancy and use
of any site which has undergone development, renovation, or redevelopment.
(B) No certificate of occupancy shall be issued by the Building Official until the following has been
submitted to the City's satisfaction:
(1) As-built drawings where required by this Code or the City Engineer.
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(2) A certificate of completion in substantial compliance with all approved plans and
specifications for required improvements by the engineer of record where one is required.
(3) A signoff from the Pinellas County Health Department where applicable.
(4) A signoff from the Fire Marshal.
(5) A signoff by the Building Official regarding satisfaction of the final inspection.
(6) A signoff from the Utilities Director where applicable.
(7) A signoff from the City Engineer and Planning and Zoning Director where site plan approval
has been required.
(8) Compliance with the provisions of this Code and all applicable building codes has been
demonstrated.
(9) All required inspections have been made and satisfied.
§ 214.00 - OCCUPATIONAL LICENSES.
All applications for occupational license approval shall comply with the provisions of this Code, all other
applicable building codes, and federal, state, or local laws.
§ 215.00 - VARIANCES AND APPEALS.
The Board of Adjustment is authorized to:
(A) Hear and decide appeals of administrative decisions where it is alleged that there is an error in
any order, requirement, decision, or determination made by an administrative official in the
interpretation or enforcement of this Code.
(B) Grant variances to the zoning dimensional regulations when special conditions exist and all
standards for the granting of a variance, as set forth in § 215.02(B), have been proven by
competent substantial evidence; grant variances to the development regulations of this Code only
where specifically authorized and when special conditions exist and all standards for the granting
of a variance as set forth in § 215.02(B) have been proven by competent substantial evidence.
The legislative purpose in providing for variances to be granted is to provide for a procedure to
give relief from the literal terms of this Code in certain limited circumstances and upon a specific
standard set forth in § 215.02(B) having been met where literal enforcement of the requirements
of this Code would have the effect of denying the applicant reasonable use of the property,
buildings, or other structures. It is the legislative intent of this provision that variances shall be
granted only when:
(1) The standards for variances are all specifically met; and
(2) The standards are proven by competent substantial evidence; and
(3) The conditions surrounding the request for the variance are so unusual or particular to
the property that the literal enforcement of the standards otherwise applicable to other
property owners in the city would result in the denial of substantial and important
property rights, and
(4) A structure or use was constructed or commenced lawfully and with the proper permits;
and
Page 20
(5) Such a variance would not be contrary to the public interest or give a special benefit to
the property owner requesting such a variance.
(C) Grant adjustments from the FAR and ISR standards of this Code. An adjustment under this
subsection shall only be allowed or granted when substantial competent evidence in the official
record of the hearing supports the following findings:
(1) A literal interpretation of the provisions of the FAR and ISR standards of these Rules will
deprive the applicant of rights commonly enjoyed by other properties in the same future land
use category and will work unnecessary and undue hardship on the applicant.
(2) The alleged hardship is unique and singular with regard to the property for which the variance
is sought and is not that suffered in common with other property similarly located.
(3) The alleged hardship is not self-imposed by the applicant, and the situation sought to be
relieved by the adjustment does not result from an illegal act or result from the actions of the
applicant, resulting in self-imposed hardship.
(4) The adjustment, if allowed, will not substantially interfere with or injure the rights of others'
whole property would be affected by allowance of adjustment.
(5) The adjustment, if allowed, will be in harmony with, serves the general intent and purpose
of, and is consistent with the Countywide Future Land Use Plan and Rules, the City's
Comprehensive Plan, and these regulations.
(6) The adjustment, if allowed, will be the minimum adjustment that will make possible the
reasonable use of the land, building, or structure.
(7) The adjustment, if allowed, will not confer on the applicant any special privilege that is denied
by the Countywide Future Land Use Plan and Rules, the City's Comprehensive Plan, or
these regulations, to other lands, buildings, or structures in the same land use classification.
(8) The adjustment, if allowed, shall not constitute an amendment to the City's Comprehensive
Plan, land development regulations, or to the Countywide Comprehensive Plan.
(9) An amendment to another land use category under the City and Countywide Future Land
Use Plan has been considered by the applicant and the city and it has been determined that
such an amendment would not meet the objective of the adjustment and would not be
appropriate.
(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-1993; Am. Ord. 2004-08, passed 5-18-04; Am. Ord. 2006-32, passed 9-19-06)
§ 215.01 - Appeals.
(A) In exercising its powers to hear and decide appeals, the Board may reverse or affirm, wholly or
partly or may modify the order, requirement, decision, or determination made by the
administrative official.
(B) A request for an appeal must be initiated by the aggrieved person within 60 days of the decision
rendered by an administrative official that is being appealed. If the aggrieved person fails to file
an appeal within such period, the Board has no authority to hear the appeal.
(C) The Board, in determining whether the administrative official's decision was correct, can only
consider the specific code provision considered by the administrative official, and the papers,
documents, and maps provided to the administrative official before making his decision. The
Board shall not consider the fairness of the application of the specific Code provision in deciding
the appeal.
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§ 215.02 - Variances.
(A) The City shall not accept an application for, and neither the Board, nor the City acting under
subsection (N) of this section, has the authority to consider or grant, the following variances:
(1) Variances which permit the establishment of a use in a zone or district in which such use is
not permitted by the regulations of the zoning district involved;
(2) Variances which permit the establishment of a lot or parcel which must be combined under
the terms of the City of Tarpon Springs Code of Ordinances or which is part of a larger parcel
which when established does not meet the area or width requirements of the applicable
zoning district except as provided for in Section 215.02.5.
(3) Variances which permit an increase in density above that allowed by the applicable zoning
district or Comprehensive Plan designation, or that purport to modify any definition set forth
in the Tarpon Springs Code ("Code") or Comprehensive Zoning and Land Use Code ("LDC"),
or that do not conform to the general intent and spirit of the Code and the policies of the
LDC, or conflict with any other applicable law.
(4) Variances which increase or modify in any way a nonconforming use.
(5) Variances that arise from a request for after-the-fact relief from the provisions of the Code
where a building or other structure has been built in violation of the Code and no building
permit was issued for such construction, except as provided in § 215.02(E) herein.
(B) The Board of Adjustment shall grant no variance unless all of the following standards are met and
are proven by competent substantial evidence:
(1) The need for the requested variance arises out of the physical surroundings, shape,
topographical conditions, or other physical or environmental conditions that are unique to
the specific property involved, and which do not apply generally to property located in the
same zoning district.
(a) Preservation of a Protected Tree(s) or Native Tree(s), but not an Invasive tree(s), as
defined in Sections 133, Tree Protection and Preservation, and 134, Landscaping and
Screening, of the LDC, may be considered as a relevant environmental condition under
this subsection.
(b) Location of the property in the Historic District within the City may also be considered
as a unique physical condition. However, any variance applied for within the Historic
District shall be found to be compatible with the character of the properties within that
District before any variance may be granted;
(2) The conditions or special circumstances peculiar to the property have not been self-created
or have resulted from an action by the applicant or with prior knowledge or approval of the
applicant. Specifically, no variance may be granted arising from illegal construction of a
structure or an illegal use of the premises which would have otherwise required a building
permit or other specific permit to be issued and which construction or which use was
commenced unlawfully. Under such conditions, the property owner shall have no legal right
to apply for a variance and the Board will have no legal right to grant such a variance;
(3) Literal enforcement of the requirements of the City of Tarpon Springs' Comprehensive Land
Development Code would have the effect of denying the applicant reasonable use of the
property, or legally conforming buildings or other structures, and the requested variance is
the minimum variance that will make possible the reasonable use of the property; and
(4) Granting the variance will not confer any special privilege that is not allowed for other lands,
buildings or structures in the same zoning district; no variance will be granted that extends
to the applicant a use of property that is not commonly enjoyed by other persons in similar
circumstances.
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(5) Granting the variance will not substantially diminish property values in the surrounding area,
substantially interfere with, or injure the rights of others whose property would be affected
by approval of the variance, alter the essential character of the neighborhood, or create a
nuisance.
(C) In determining whether to grant a variance the Board shall not consider any evidence:
(1) That is based upon conditions, including financial or health conditions, which are personal
to the applicant or any other member of the applicant's family or household;
(2) That is otherwise irrelevant to meeting the standards set forth herein;
(3) Regarding the presence of a nonconforming use (legal or otherwise) of neighboring lands,
structures, or buildings in the same zoning district, or evidence of the permitted use of lands,
structures, or buildings in zoning districts other than the zoning district in which the
applicant's property at issue is located.
(D) The Board of Adjustment shall make findings, regarding variances to FAR and ISR standards,
that all of the requirements of § 215.00(C) shall have been met.
(E) In the highly unusual circumstance where:
(1) The property owner or contractor has made a mistake in the construction of a structure, and
it would be economically impracticable to correct the mistake at the time it was discovered;
(2) The appropriate building permit or other use permit had been issued;
(3) Such mistake could not have been avoided by the application of normal construction or
business practices; and
(4) Such case is proven before the Board by competent substantial evidence.
Then and only then, may the Board grant the minimum variance that will achieve a result that is
fair to the applicant and the public alike.
(F) In circumstances where it can be demonstrated to the Board by competent and substantial
evidence that a violation of the Code has occurred during the time of ownership of a previous
property owner without the actual or constructive knowledge of the current property owner who
could not have known of such violation by reasonable inquiry prior to the purchase or other
acquisition of the property, the Board of Adjustment may grant the following relief to the applicant:
(1) The minimum relief necessary to preserve the enjoyment of a legally recognized property
right;
(2) Only for such time as is necessary to appropriately amortize any unlawfully built and
nonconforming structure for such limited time as is necessary to amortize its useful life; and
(G) Under no circumstances may the Board grant a property owner the right to intrude into a public
right-of-way, easement, or other dedication to the public without the concurrence of the Board of
Commissioners through the Board of Commissioners granting such limited right through the
mechanism of a revocable license agreement.
(H) At the conclusion of the hearing, the Board will issue a written order including findings of law,
findings of fact, and a Board decision. Such order will be in a form as approved by the City
Attorney.
(I)
In granting a variance, the Board may prescribe conditions deemed necessary to protect public
interest and to ensure compliance with applicable codes and the Comprehensive Plan of the City.
(J) The variance granted under the provision of this section shall expire within two (2) years from the
date the Board heard the application and granted the variance unless a building permit for
construction has been issued in accordance with the plans and conditions upon which the
variance was granted. The variance shall not expire after two (2) years from the date of issuance
if a building permit issued in accordance with the plans and conditions upon which the variance
Page 23
was granted is active or is renewed pursuant to the applicable provisions regarding renewal of
building permits.
(K) Upon receiving a request in writing at least 30 days prior to the scheduled expiration date, the
Board of Adjustment may grant one six-month extension provided proper public notification by
mail has been given.
(L) The Board may reconsider a decision or a variance application only if a request for rehearing is
made within 30 days of the date of the original action taken by the Board, and shall be advertised
for the next available Board of Adjustment meeting. Before reconsidering one of its decisions, the
Board of Adjustment, after hearing testimony, must make a finding that evidence not previously
considered by the Board exists and will be presented. The action to rehear shall be authorized
only upon a motion of a Board member who voted on the prevailing side in the original Board
action, and upon an affirmative vote by a majority of the Board members present and voting upon
the original Board action. Upon an affirmative vote to rehear the decision or variance application
the Board must reconsider the request in accordance with the terms of this section. The rehearing
shall be scheduled upon receipt of a new application fee and due public notice.
(M) The violation of the terms of an order granting a variance, including conditions and safeguards
which may be made a part thereof, shall be deemed a violation of the Tarpon Springs
Comprehensive Zoning and Land Use Code and punishable as provided in that Code.
(N) For de minimus variance applications of five percent or less of normal zoning requirements, and
for which no letters of objection are received from all adjacent property owners after due
notification, then such application shall be promptly considered by the City Manager or his or her
designee without review by the Board of Adjustment. In such cases, the application fee shall be
$50.00. If the City Manager or his or her designee denies such an application then the applicant
may proceed to hearing before the Board of Adjustment as provided in this Section, and without
needing to pay an additional application fee. De minimus variances shall only be granted if:
(1) A structure or use at issue was constructed or commenced lawfully and with the proper
permits; and
(2) Such a variance would not be contrary to the public interest or give a special benefit to the
property owner requesting such a variance; and
(3) The variance if granted would not be in violation of the City's Comprehensive Plan.
(O) Not withstanding the other provisions of this Ordinance to the contrary, the Board of Adjustment
may grant the minimum variance necessary in order to avoid a clear violation of the Americans
with Disabilities Act, Public Law 336 of the 101st Congress, enacted July 26, 1990.
Am. Ord. 93-33, passed 10-19-93; Am. Ord. 2004-08, passed 5-18-04; Am. Ord. 2006-32,
passed 9-19-06; Am. Ord. 2012-09, passed 5-15-12)
§ 215.02.5 - Variances for nonconforming lots of record.
(A) Notwithstanding the requirements of Section 24.02, the Board of Adjustments may grant a
variance to allow a nonconforming lot of record to built upon if the following standards are met
and proven by competent substantial evidence:
(1) The lot consists of at least one entire lot of record on the effective date of this Code.
(2) The lot was not created in violation of a previous zoning ordinance.
(3) The lot was not combined with a neighboring lot under common ownership in order to allow
the existing improvements on the neighboring developed lot to meet applicable setbacks.
Page 24
(B) The Board of Adjustment may not grant a variance under this section if it will reduce the area or
width of a nonconforming lot of record.
(C) The purchase of a non-conforming lot of record shall not constitute a self-created hardship.
(Ord. 2012-09, passed 5-15-12)
§ 215.03 - Public notification.
Notice of public hearing shall be given at least 15 days in advance thereof, by posting the property, by
first class mail to the applicant and to each property owner within 200 feet of the subject property, and
advertisement in the Saint Petersburg Times, or other appropriate publication of general circulation.
Am. Ord. 2006-32, passed 9-19-06)
§ 215.04 - Authorization of variance or appeal.
No action shall be valid unless authorized by a majority of the full membership.
§ 215.05 - Judicial review of decisions.
Any person or persons, firm, or corporation, or any officer, department, board, or bureau of a governing
body aggrieved by any decision of the Board of Adjustment, may seek judicial review in the Circuit
Court for Pinellas County, Florida of a Board decision by filing a petition for certiorari within 45 days
after the decision of the Board.
§ 216.00 - VACATION OF STREETS, PLATS OR OTHER PROPERTY.
(A) An application to vacate any street rights-of-way, plats, or other property shall be filed with the
Planning and Zoning Department on forms provided by the Director and shall include the required
fee established by this Code.
(B) The Director shall forward all applications to the City's Technical Review Committee (TRC) for an
the Comprehensive Plan, and all applicable building codes.
(C) Upon receiving a determination from the Technical Review Committee that the application is
complete and ready for processing the Director shall notice the application for public hearing
before the Board of Commissioners.
(D) Notice for public hearing shall constitute written legal notice in accordance with the requirements
of this Article.
(E) The Board of Commissioners shall review the application and render a decision regarding same.
Approval shall be in the form of an ordinance.
(F) Prior to the vacation of any right-of-way, the applicant shall tender an application fee equal to 50
percent of the appraised value of the right-of-way proposed to be vacated, less the fair market
value of any property or interest therein conveyed to or reserved by the City. All such values shall
be determined by the Pinellas County Property Appraiser. If such application is denied, the entire
Page 25
application fee, less the sum of $200.00 to defray costs for the processing of such application,
shall be refunded to the applicant. All such application fees, less the $200.00 to be deposited in
the General Fund, shall be placed in a segregated account, the proceeds of which shall be utilized
solely for the purpose of acquisition of future rights-of-way by the City.
§ 216.01 - Standards for review of vacations.
(A) No vacation shall be approved unless a positive finding, based upon substantial competent
evidence, either presented at a public hearing held by the Board or reviewed personally by the
Board members is made on each of the following standards:
(1) That the subject property is not needed for the distribution, expansion, or maintenance of
existing or future utility services is obtained from the following agencies:
(a) General Telephone and Electric (GTE).
(b) Florida Power.
(c) The cable franchise holder.
(d) Clearwater Gas.
(e) The City water and sewer provider.
(f)
The City Engineer for drainage service.
(2) The property does not provide the sole means of access to an adjoining property.
(3) The property is not needed to implement the future circulation plans of the Traffic Circulation
Element of the Comprehensive Plan.
(4) The property does not provide the adjoining neighborhood with a viable usable access or
vista to the City's shoreline.
(B) Any easement documents necessary from the applicant for the satisfactory completion of a
vacation shall be executed and submitted to the Clerk prior to any final action by the Board of
Commissioners on the application.
§ 217.00 - ENFORCEMENT OF CODE PROVISIONS.
(A) The provisions of this Code shall be enforced by the City Manager or his designee(s).
(B) Personnel of the City, in the performance of their duties or functions to enforce this Code, may
enter upon any property during normal work hours of the City and make examinations to
determine Code compliance that do not occasion damage or injury to private property.
(C) The violation of any stipulations attached to any permit, variance, conditions, use or other
approval granted by the City shall constitute a violation of this Code.
(D) The procedure for enforcement of this Code shall be in accordance with the requirements
established by Chapter 2, Article VIII of the Code of Ordinances for the City of Tarpon Springs,
or any other applicable legal means.
§ 218.00 - PROCEDURE FOR REHEARINGS.
Page 26
(A) The Board of Commissioners may reconsider an application required under this Code only if a
request for rehearing is made within 30 days of the date of the original action taken by the Board
of Commissioners.
(B) Before reconsidering one of its decisions, the Board of Commissioners, after considering
additional evidence or argument presented by the person making the request, must make a
finding that evidence not previously considered, or a factual mistake related to the evidence
considered exists.
(C) The request to rehear shall be authorized only upon a motion of a member of the Board of
Commissioners who voted on the prevailing side in the original Board of Commissioners action,
and upon an affirmative vote of a majority of those present and voting.
(D) Upon an affirmative vote granting the request to rehear, application shall be scheduled upon due
public notice in accordance with the requirements for said application.
(§§ 219.00 through 225.00 - reserved)
Page 27
STAFF REPORT
October 13, 2016
TO:
FROM:
HEARING DATES: TBA
SUBJECT:
I.
DISCUSSION PROSPECTIVE LIGHTING ORDINANCE
Background
The Planning and Zoning Board requested that staff research and bring forward
information on a prospective ordinance that would regulate site lighting. The Planning
and Zoning Board has expressed interest in regulation of site lighting when approving new
project. Staff has complied the following resources and current sections of City ordinance
that deal with the regulation of lighting:
List of Exhibits:
1) Section 8-41 Nuisance Conditions Tarpon Springs Code of Ordinances
2) Section 186.01 Illumination and Construction Article XI of the Land Development
Code
3) Intro to Lighting presentation slides: http://darksky.org/resources/public-outreachmaterials/
4) User Guide to Model Ordinance: http://darksky.org/our-work/public-policy/mlo/
5) LED Practical Guide: http://darksky.org/lighting/led-practical-guide/
1
§ 8-41. - NUISANCE CONDITIONS.
A finding of the existence of any of the following specific conditions and conduct is hereby declared to
constitute a public nuisance as that term is used in § 8-40.
(a) A condition or use that causes a substantial diminution of property value of property in the vicinity of
the condition or use.
(b) Conduct similar to that described in F.S. § 823.05, has occurred or is occurring.
(c) A condition or use that unreasonably intrudes upon the free use, privacy and comfortable enjoyment
of the property of the citizens of the city. The use or condition may be considered an unreasonable
intrusion upon the free use and comfortable enjoyment of property when one or more of the following
conditions are found to exist:
(1) The repeated intrusion upon property adjoining or surrounding the use or condition of odors,
gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases.
(2) The repeated intrusion upon property of disturbances of earth or air, including, but not limited to,
vibrations, explosions, light, and loud, raucous and unnecessary noise, and the repeated,
unauthorized intrusion of adjoining property by patrons or users of the premises which
unreasonably disturbs or interferes with the peace, comfort, privacy and repose of owners or
possessors of real property in the enjoyment and the use of their property.
(3) The repeated, unauthorized intrusion upon property of persons or vehicles which adversely
disturb the privacy, comfort, peace, repose and use of owners or possessors of property adjoining
the premises where the persons or vehicles complained of originates.
(4) The repeated attraction to the premises where the use or condition complained of is maintained
by persons who, through frequent raucous or disorderly conduct, or through repeated
disturbances of the peace, or through violation of any law of the state, county or city, adversely
affect ordinarily reasonable and reasonably behaved persons in the enjoyment and use of their
property.
(d) Buildings or other structures which are abandoned, boarded up, partially destroyed, in such a
dilapidated condition that they are unfit for human habitation, are kept in an unsanitary condition that
they are a menace to the nearby properties or present a dangerous fire hazard, or left for unreasonably
long periods of time in a state of partial construction; provided that any unfinished building or structure
which has been in the course of construction three years or more, and where the appearance and
other conditions of the unfinished building or structure substantially detracts from the appearance of
the immediate neighborhood or reduces the value of property in the immediate neighborhood or is a
nuisance, shall be deemed and presumed to have been left for an unreasonably long period of time in
the sense of this subsection.
(e) Any attractive nuisance dangerous to children in the form of abandoned or broken equipment,
hazardous pools, excavations or neglected machinery.
(f)
Overt blocking of drainage pipes, ditches, channels and streams so as to cause flooding and adversely
affect surrounding property.
(g) Any accumulation of stagnant water permitted to be maintained on any property, other than a
designated retention or detention pond.
(h) Any swimming pool, as defined in the Residential Swimming Pool Safety Act, Chapter 515, Florida
Statutes, which does not have a barrier or enclosure complying with the requirements of Chapter 515.
(i)
The pollution of any public well, stream, lake, canal or body of water by sewage, dead animals, debris,
industrial wastes or other substances.
(j)
Any other condition or use that constitutes a nuisance to the public, generally, as that term is defined
in § 8-38, which is continually or repeatedly maintained, the abatement of which would be in the best
interest of the health, safety and welfare of the citizens of the city.
Page 1
Page 2
§ 186.01 - Illumination and Construction.
(A) No flood lights shall be utilized as a part of a sign illumination system which shine or cause to
shine light directly upon adjacent property.
(B) No sign shall reflect or emit a glaring light so as to impair the vision of others using a public rightof-way.
(C) Illuminated signs, including neon signs, shall not produce more than one foot-candle of
illumination four feet from the sign, when measured from the base of such sign.
(D) All signs shall be constructed of durable materials and designed to meet all applicable
requirements of the City's building codes.
Page 1
10/13/2016
Introduction to Outdoor Lighting
And How it Affects Light Pollution
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Scope of Lesson
• We will discuss the history of outdoor lighting
• Its purpose
• Types of Lamps
• Fundamentals of Design
• Why too much light at night is harmful
• Activities to demonstrate good lighting.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness 1
10/13/2016
Nighttime
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Define Nightscape
• For many centuries the nightscape was the moon and stars. During a full moon it would be relatively bright and during a new moon, rather dark.
• For urban dwellers over the last 100 years it has come to be described as lighting buildings, streets, and open spaces.
• Could there be a compromise?
10/13/2016
History
• Street lighting as we know it began approximately 300 years ago.
• These were oil lamps placed on wooden poles
• By the early 18th century oil lamps were still used but the poles and lamps were made of cast‐iron fixtures.
• The beginning of the 19th saw gas lamps come into use.
• By the 20th century electric lamps were in wide use.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness What is outdoor lighting now?
•
•
•
•
•
•
•
•
•
Street lighting
Roadway lighting
Parks
Stadiums
Parking lots
Landscaping
Residential
Buildings
Pedestrian and Bicycling Pathways
10/13/2016
Purpose of outdoor lighting
• Provide a safe and secure environment at night.
• Extend the use of parks and walkways into the night.
• To enhance historic/notable features
• To enhance travel on the roads and at intersections.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness What is light pollution?
• It is wasted light that performs no function or task
– Such as sky glow
– Glare
• It is artificial light that goes where it’s not supposed to go
– Neighbor’s window
– Into the sky
10/13/2016
Outdoor Lighting
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Outdoor lighting should…
• Enhance visibility, not impede it
• Not produce glare
• Be a part of the total nightscape, not all of it
• Not allow light trespass on other’s property
• Have a master plan
10/13/2016
Outdoor lighting should…
• Provide a safe and secure environment • Create safe routes for traffic, cyclists and pedestrians
• Facilitate the extended use of outdoor spaces
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Shielded Luminaires
10/13/2016
Importance of Shielding Light
• Unshielded lights produce – Sky Glow – Glare
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness The Issues
10/13/2016
Unshielded Luminaires Waste Energy
• Light that spills out, away from the task it needs to be used for is wasted energy, and wasted money.
• Environmentally responsible outdoor lighting reduces this waste and costs no more than earlier manufactured light fixtures. • Below‐ the Escondido Education Center before on the left and after on the right. Unnecessary lights on the roof only added to their light bill, not to the safety of the parking lot.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Non‐shielded lights are unsafe
• The glaring lamp to the right of the path was installed to protect students at night.
10/13/2016
Where did the student go?
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Negative Impact on Wildlife
• Animals and plants live by a rhythm based on a 24 hour cycle. Wildlife and fish can become disoriented by too much artificial light at night.
• It interferes with migration, mating, foraging for food, and sleep.
10/13/2016
Negative Impact on Human Health
• Light trespass into bedrooms disrupts sleep patterns.
• Glare in our eyes can be blinding and reduce our night vision.
• New research is being done to discover the impact to our biological clocks.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Negative Impact on Astronomy
• Light pollution negatively affects one of our greatest natural laboratories, the night skies.
• This is an important industry that has given us
– Cell phone technology
– X‐rays, MRI’s, and medical imaging
– Satellite communications
10/13/2016
Solutions
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Solutions
• Outdoor lights should be “full cut‐off” or “fully shielded.” That means no light above the 90 degree angle.
• Fully shielded lighting can be purchased or retrofitted • Use timers, dimmers, and motions sensors. • Motion sensors in a parking lot or on a house provide an alert to after hours activity that a dusk to dawn sensor does not. IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness 11
10/13/2016
Lamps
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Types of Lamps
• There are four basic types:
– Incandescent
– Fluorescent
– High‐intensity discharge
CFL
High‐Pressure Sodium
• Including: Mercury Vapor, Metal Halide, High Pressure Sodium and Low Pressure sodium
– Light Emitting Diode (LED)
• LED technology is still relatively new
Low‐Pressure Sodium
10/13/2016
Incandescent
• Most common in homes
• It uses electric current to heat a tiny coil of tungsten metal inside a glass bulb to produce light.
• Have short lives
• Convert most of their energy into heat rather than light
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Fluorescent
• Used mostly in commercial settings
• It produces light when electric current is conducted through mercury an inert gases. • 3 to 4 times more efficient than incandescent, and lasts 10 times longer
• Produces up to 100/lumens per watt (approximately)
10/13/2016
High‐Intensity Discharge
• Used mainly for large area applications
• Provide higher efficacy and longer service life
• Most common types are mercury vapor (MV), metal halide (MH), and high‐pressure sodium (HPS)
– Metal Halide – 100/lumens per watt – HPS – up to 150/lumens per watt
– MV – being phased out
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness HID continued
Low‐Pressure Sodium
• Also considered a high intensity discharge lamp, but it has some unique characteristics.
• Used in outdoor applications • Most efficient form of artificial lighting • Maintain their light output better than other lamps
• Older technology, not many manufacturers producing new product
• Produces up to 200/lumens per watt
10/13/2016
Types of Luminaires
• Column mounted fittings: used for streets, car parking, cycle tracks and pedestrian areas • Wall mounted lanterns: used most commonly for security (pictured: Pacific Lighting model TRL)
(pictured: Lighting by Brandford model Glarebuster)
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Types of Luminaires
• Lighting bollards: used for pathway and area lighting (pictured: Architectural Area Lighting model Concrete bollard)
• Recessed fittings: used for pathways, or where buried in the ground for uplighting structures, trees and other incidents. (pictured: Deck‐Lighting model deck light)
10/13/2016
Following six slides show shielded and unshielded outdoor lighting examples
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Recessed lighting done badly, and
Recessed lighting done well.
10/13/2016
Fully shielded lighting at an airport
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Unshielded lighting at an ATM
10/13/2016
A typical un‐shielded mercury vapor luminaire
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness How shielded lighting reduces glare
• The image below is a test site for fully shielded street lights. To the right; the same lights shown in comparison to the un‐shielded existing lights. IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness 18
10/13/2016
Design & Measurements
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Designing a Lighting Audit
• We need to be familiar with some more terms before we go on:
– Area lighting: lighting provided to illuminate open areas uniformly
– Annual operating costs: cost per year of electricity, maintenance including replacement parts & labor
• This contributes to how much energy we want to save
– Illumination: the distribution of light on a horizontal surface, measured in footcandles
10/13/2016
More things to consider
• Luminance: The photometric quantity most closely associated with the perception of brightness. • Lumens is the overall output of the luminaire.
• Energy Use: The product of power (watts) and time (hours).
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Power Density or Light Footprint
• Power density is a measure of electrical power per unit area, measured in watts per square foot or square meter. Many building codes prescribe maximum power density values for various areas of use in an effort to promote the use of energy‐efficient products.
• Unit Power Density is the energy for lighting, divided by the outside area. Unit Power Density (W/sq.ft.) = Total System Input Wattage (W) ÷ Total Area (Square Feet)
10/13/2016
Pole Mounting Height
• Luminaires on poles can provide illumination in every direction at distances of two to two and half times the mounting height from the pole. Thus, luminaires on a single pole can serve an area of about four times the mounting height ‐ squared. For example, a 50‐ft pole can cover about 40,000 sq ft and a 150‐ft pole about 369,000 sq ft. IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Thank You
• Good luck with your activities, and remember “dark skies” does not mean “dark ground.” • You are now unofficial lighting geeks.
10/13/2016
Let’s get to work!
•
It’ll be fun, really!
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Activity One ‐
Vocabulary
• Vocabulary – The instructor will have a glossary of lighting terms that the students should be familiar with before beginning any of the activities.
– Presentations from the activities should include the use of these terms • Knowing the language of lighting terms will enhance the understanding of the activity
• For lighting ordinances to be enforceable, they need to be written with the proper language.
10/13/2016
Activity Two – Energy Audit
• Audit the types of outdoor lights on the buildings at your school. • Ultimately, you will be making recommendations on how to be more energy efficient with outdoor lighting.
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness Activity 3 ‐ Measurements
• Choose 2 different types of luminaires from the audit. For each lamp prepare at least 2 of the following measurements and observations listed in the workbook.
10/13/2016
Activity Four – Master Plan
• Produce a revised lighting scheme for your school campus or neighborhood. Using the material you have learned, determine:
– If all the lights in audit are now necessary
– Review what task/purpose a lamp is used for
• Recalculate the energy consumption of the new plan.
– Have we saved money?
IDA in Partnership with NOAO, NSF and IYA Dark Skies Awareness More Plan Considerations
•
•
•
•
Design a visual master plan for your campus:
What are the goals for the plan
Show a diagram of the area
Consider these issues (you are welcome to make your own assumptions) and address each in your final presentation.
– How will it be used? A lot, a little? Ball Park? Walk/Cycling path? Restrooms? Nearby parking lot? Sculpture? Fountain?
– What are the hours of use?
– What safety precautions are in place?
– Has glare been reduced or eliminated?
– What type of luminaires are you recommending and why?
– What is around your park/campus? Residential, open space, businesses, mixed use?
Illuminating
ENGINEERING SOCIETY
JOINT IDA - IES
MODEL
LIGHTING
ORDINANCE
(MLO)
with USER’S GUIDE
June 15, 2011
MODEL LIGHTING ORDINANCE - USER’S GUIDE
MODEL LIGHTING ORDINANCE - TEXT
The User Notes
The User Notes are intended to clarify the sections of the MLO for
the various audiences who will use it: lighting designers, city officials,
engineers, citizen groups, and others. Every effort has been made to
keep the language technically accurate and clear, but since different
disciplines may use the same term in different ways, or have different
interpretations, some guidance may be helpful. While these Notes can
not be a full tutorial on modern lighting design, it is hoped that the
Notes will help facilitate the dialogue necessary to adopt the MLO.
Background
The problems of light pollution first became an issue in the 1970s when
astronomers identified the degradation of the night sky due to the
increase in lighting associated with development and growth. As more
impacts to the environment by lighting have been identified, an international “dark sky” movement is advocating for the precautionary
approach to outdoor lighting design.
Many communities have passed anti-light-pollution laws and ordinances.
However, there is little or no agreement among these laws, and they
vary considerably in language, technical quality, and stringency. This is
confusing for designers, engineers, and code officials. The lack of a
common basis prevents the development of standards, educational
programs, and other means of achieving the goal of effective lighting
control.
This MLO will allow communities to drastically reduce light pollution
and glare and lower excessive light levels. The recommended practices
of the IES can be met using readily available, reasonably priced lighting
equipment. However, many conventional lighting practices will no
longer be permitted, or will require special permits.
This Model Lighting Ordinance (MLO) is the result of extensive efforts
by the International Dark Sky Association (IDA) and the Illuminating
USER’S GUIDE - Page 2
ORDINANCE TEXT - Page 2
Engineering Society of North America (IES). Among its features is the
use of lighting zones (LZ0-4) which allow each governing body to vary
the stringency of lighting restrictions according to the sensitivity of
the area as well as accommodating community intent. In this way,
communities can fine-tune the impact of the MLO without having to
customize the MLO. The MLO also incorporates the Backlight-UplightGlare (BUG) rating system for luminaires, which provides more
effective control of unwanted light.
Joint IDA-IESNA
Model Outdoor Lighting
Ordinance (MLO)
June 15, 2011
CONTENTS
I. Preamble...........................................................................5
II. Lighting Zones.................................................................5
III. General Requirements for All Outdoor Lighting.............8
IV. Requirements for Non-Residential Outdoor Lighting.....11
V. Requirements for Residential Outdoor Lighting.............19
VI. Lighting by Special Permit Only.....................................20
VII. Existing Lighting.............................................................21
VIII. Enforcement and Penalties (Reserved)............................22
IX. Tables...............................................................................23
X. Definitions.......................................................................32
XI. (Optional) Street Lighting Ordinance..............................38
General Notes in Adopting this Model Ordinance
Adoption of this ordinance should follow the established development,
review, and approval processes of the adopting authority. If no such
processes are in place, this ordinance may be adopted as a new
independent section of the Municipal Code.
The MLO is probably best adopted as an “overlay zoning” ordinance.
This means that it overlays, but is different from, land-use zoning. It
can be added to or integrated into existing ordinances or codes and
cross-referenced to other applicable codes and ordinances such as the
electrical code, the sign code, planning ordinances, etc.
The MLO may best be managed by assigning it to planning officials
and using existing administrative structures.
Because of the diverse community and lighting needs across large
areas, this MLO is not intended for adoption as a state, provincial
or national ordinance. Regional coordination is encouraged. Light
pollution knows no boundaries, and the effects of polluting light
persist as far as 200 kilometers (about 120 miles) from the source.
One large city could adopt the MLO and dramatically affect a region,
but adoption in suburbs and small towns must be part of a regional
effort to achieve significant improvements in the overall quality of
the night sky.
MLO Development and Task Force Members
This Model Lighting Ordinance has been developed as a joint undertaking by the Illuminating Engineering Society and the International
Dark-Sky Association.
The Joint Task Force responsible for developing the MLO include
IDA
Co-Chair: Jim Benya
Co-Chair: Nancy Clanton
Leslie Lipstein
Leo Smith
Michael Mutmansky
IES
Naomi Miller
Cheryl English
Denis Lavoie
Eric Gibson
John Walter representing the electric utility industry also contributed
as a member of the Joint Task Force.
Adopting agencies should also consider that the MLO, like all other
modern codes, is designed to evolve over time. Lighting technology
will change, and MLO changes will be needed every few years.
On-going renewal cycles are strongly recommended as any part of
an adopting ordinance.
I. PREAMBLE - User’s Guide
I. PREAMBLE - Ordinance Text
In general, the preamble is part of the ordinance but is typically not
part of the code. It establishes the reasons why the municipality is
undertaking these regulations.
Local governments may add other purposes to the Preamble including
established local government environmental or energy goals that
support the model lighting ordinance. The environmental impacts of
outdoor lighting fall into two categories: carbon footprint (energy
used in the life of a lighting product) and obtrusive light.
CARBON FOOTPRINT
Cost & Impact of Mining the
Materials Used
Energy Used in Production
OBTRUSIVE LIGHT
Impact on Humans
Impact on the Environment
Energy Used during Product Life
The purpose of this Ordinance is to provide regulations for outdoor
lighting that will:
a. Permit the use of outdoor lighting that does not exceed the minimum
levels specified in IES recommended practices for night-time
safety, utility, security, productivity, enjoyment, and commerce.
b. Minimize adverse offsite impacts of lighting such as light trespass,
and obtrusive light.
c. Curtail light pollution, reduce skyglow and improve the nighttime
environment for astronomy.
d. Help protect the natural environment from the adverse effects
of night lighting from gas or electric sources.
e. Conserve energy and resources to the greatest extent possible.
Disposal/Recylcing Costs
II. LIGHTING ZONES - User’s Guide
Lighting zones reflect the base (or ambient) light levels desired by a
community. The use of lighting zones (LZ) was originally developed by
the International Commission on Illumination (CIE) and appeared first
in the US in IES Recommended Practice for Exterior Environmental
Lighting, RP-33-99.
It is recommended that lower lighting zone(s) be given preference when
establishing zoning criteria. Selection of lighting zone or zones should be
based not on existing conditions but rather on the type of lighting
environments the jurisdiction seeks to achieve. For instance, new
development on previously rural or undeveloped land may be zoned as
LZ-1.Using lighting zones allows a great deal of flexibility and
customization without the burden of excessive regulation. For example,
a jurisdiction may choose to establish vertical lighting zones with the
lighting zone at street level at a higher zone than the residential
housing on upper levels.
II. LIGHTING ZONES - Ordinance Text
The Lighting Zone shall determine the limitations for lighting as specified
in this ordinance. The Lighting Zones shall be as follows:
LZ0: No ambient lighting
Areas where the natural environment will be seriously and
adversely affected by lighting. Impacts include disturbing the
biological cycles of flora and fauna and/or detracting from
human enjoyment and appreciation of the natural environment. Human activity is subordinate in importance to nature.
The vision of human residents and users is adapted to the
darkness, and they expect to see little or no lighting.
When not needed, lighting should be extinguished.
II. LIGHTING ZONES (cont.) - Ordinance Text
II. LIGHTING ZONES (cont.) - User’s Guide
However, if an adjacent use could be adversely impacted by allowable
lighting, the adopting authority may require that a particular site meet
the requirements for a lower lighting zone. For example, the authority
could specify Lighting Zone 1 or 2 requirements if a commercial
development were adjacent to a residence, hospital or open space, or
to any land assigned to a lower zone.
Lighting zones are best implemented as an overlay to the established
zoning especially in communities where a variety of zone districts
exists within a defined area or along an arterial street. Where zone
districts are cohesive, it may be possible to assign lighting zones to
established land use zoning. It is recommended that the lighting zone
includes churches, schools, parks, and other uses embedded within
residential communities.
Zone
LZ-0
LZ-1
Recommended Uses or Areas
Zoning Considerations
Lighting Zone 0 should be applied to areas in
which permanent lighting is not expected and
when used, is limited in the amount of lighting Recommended default zone
and the period of operation. LZ-0 typically
for wilderness areas, parks
includes undeveloped areas of open space,
and preserves, and undevelwilderness parks and preserves, areas near
oped rural areas.
astronomical observatories, or any other area
where the protection of a dark environment is Includes protected wildlife
critical. Special review should be required for
areas and corridors.
any permanent lighting in this zone. Some
rural communities may choose to adopt LZ-0
for residential areas.
Lighting Zone 1 pertains to areas that desire
low ambient lighting levels. These typically
include single and two family residential
communities, rural town centers, business
parks, and other commercial or industrial/
storage areas typically with limited nighttime
activity. May also include the developed
areas in parks and other natural settings.
Recommended default zone
for rural and low density
residential areas.
Includes residential single or
two family; agricultural zone
districts; rural residential
zone districts; business parks;
open space include preserves
in developed areas.
LZ1: Low ambient lighting
Areas where lighting might adversely affect flora and fauna or
disturb the character of the area. The vision of human residents and
users is adapted to low light levels. Lighting may be used for safety
and convenience but it is not necessarily uniform or continuous.
After curfew, most lighting should be extinguished or reduced as
activity levels decline.
LZ2: Moderate ambient lighting
Areas of human activity where the vision of human residents and
users is adapted to moderate light levels. Lighting may typically be
used for safety and convenience but it is not necessarily uniform or
continuous. After curfew, lighting may be extinguished or reduced
as activity levels decline.
LZ3: Moderately high ambient lighting
users is adapted to moderately high light levels. Lighting is generally
desired for safety, security and/or convenience and it is often uniform
and/or continuous. After curfew, lighting may be extinguished or
reduced in most areas as activity levels decline.
LZ4: High ambient lighting
users is adapted to high light levels. Lighting is generally considered
necessary for safety, security and/or convenience and it is mostly
uniform and/or continuous. After curfew, lighting may be extinguished
or reduced in some areas as activity levels decline.
II. LIGHTING ZONES (cont.) - User’s Guide
Zone
Recommended Uses or Areas
LZ-2
Lighting Zone 2 pertains to areas with moderate ambient lighting levels. These typically
include multifamily residential uses, institutional residential uses, schools, churches,
hospitals, hotels/motels, commercial and/or
businesses areas with evening activities
embedded in predominately residential areas,
neighborhood serving recreational and playing
fields and/or mixed use development with a
predominance of residential uses. Can be used
to accommodate a district of outdoor sales or
industry in an area otherwise zoned LZ-1.
LZ-3
Lighting Zone 3 pertains to areas with moderately high lighting levels. These typically include commercial corridors, high intensity
suburban commercial areas, town centers,
mixed use areas, industrial uses and shipping
and rail yards with high night time activity,
high use recreational and playing fields,
regional shopping malls, car dealerships, gas
stations, and other nighttime active exterior
retail areas.
LZ-4
Lighting zone 4 pertains to areas of very high
ambient lighting levels. LZ-4 should only be
used for special cases and is not appropriate
for most cities. LZ-4 may be used for
extremely unusual installations such as high
density entertainment districts, and
heavy industrial uses.
Zoning Considerations
Recommended default zone
for light commercial business
districts and high density or
mixed use residentialdistricts.
Includes neighborhood
business districts; churches,
schools and neighborhood
recreation facilities; and light
industrial zoning with
modest nighttime uses or
lighting requirements.
Recommended default
zone for large cities'
business district.
Includes business zone
districts; commercial mixed
use; and heavy industrial
and/or manufacturing zone
districts.
Not a default zone.
Includes high intensity
business or industrial
zone districts.
III. GENERAL REQUIREMENTS - User’s Guide
This Section sets out the requirements that apply to all lighting, both
residential and non-residential.
Each adopting jurisdiction should incorporate their existing standards
as to when compliance with new regulations is required, when
repair or remodeling triggers compliance and if the new ordinance
will be retroactive to existing development. The Applicability section
of this model ordinance should serve as a guide if the adopting jurisdiction does not have standards or policies in place. Likewise, the
adopting jurisdiction should use their existing policies and definitions
of what constitutes public monuments, and temporary and/or
emergency lighting. Community attitudes and precedents should be
taken into account in deciding to regulate seasonal holiday lighting.
EXEMPTIONS - User’s Guide
This is standard language intended to prevent conflict of laws and to
give the community the ability to set specific lighting requirements in
special plans and under use permits. It can be amended to conform to
similar language in other ordinances. For example, while public monuments, statuary, and flags should be lighted, the lighting also should
be limited to avoid excess.
Lighting for streets, roads, and highways is usually regulated by a street
lighting ordinance, and is not covered by this model ordinance. However,
since street lighting can affect nearby areas, some recognition of its
effect is appropriate. (See Section XI)
SIGN LIGHTING - User’s Guide
A sign lighting ordinance is strongly recommended if not already in place. It
should carefully limit lighting to prevent over-lighted signs from being used
to circumvent lighting ordinances.
III. GENERAL REQUIREMENTS - Ordinance Text
A. Conformance with All Applicable Codes
All outdoor lighting shall be installed in conformance with the provisions
of this Ordinance, applicable Electrical and Energy Codes, and applicable
sections of the Building Code.
B. Applicability
Except as described below, all outdoor lighting installed after the date of
effect of this Ordinance shall comply with these requirements. This
includes, but is not limited to, new lighting, replacement lighting, or any
other lighting whether attached to structures, poles, the earth, or any other
location, including lighting installed by any third party.
Exemptions from III.(B.) The following are not regulated by
this Ordinance
a. Lighting within public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right of way or easement when
the purpose of the luminaire is to illuminate areas outside the
public right of way or easement, unless regulated with a
streetlighting ordinance.
Note to adopting agency: if using the street lighting ordinance
(Section XI), this exemption should read as follows:
Lighting within the public right-of-way or easement for the principal
purpose of illuminating roads and highways. No exemption shall apply
to any street lighting and to any lighting within the public right of way or
easement when the purpose of the luminaire is to illuminate areas outside
of the public right of way or easement.
b. Lighting for public monuments and statuary.
c. Lighting solely for signs (lighting for signs is regulated by the
Sign Ordinance).
d. Repairs to existing luminaires not exceeding 25% of total installed
luminaires.
III. GENERAL REQUIREMENTS (cont.) - Ordinance Text
e. Temporary lighting for theatrical, television, performance areas
and construction sites;
f. Underwater lighting in swimming pools and other water features
g. Temporary lighting and seasonal lighting provided that individual
lamps are less than 10 watts and 70 lumens.
h. Lighting that is only used under emergency conditions.
i. In lighting zones 2, 3 and 4, low voltage landscape lighting
controlled by an automatic device that is set to turn the lights
off at one hour after the site is closed to the public or at a time
established by the authority.
Exceptions to III. (B.) All lighting shall follow provisions in this
ordinance; however, any special requirements for lighting listed
in a) and b) below shall take precedence.
a. Lighting specified or identified in a specific use permit.
b. Lighting required by federal, state, territorial, commonwealth
or provincial laws or regulations.
LIGHTING CONTROLS - User’s Guide
This section requires all outdoor lighting to have lighting controls that
prohibit operation when sufficient daylight is available, and to include
the capability, either through circuiting, dimming or alternating sources,
to be able to reduce lighting without necessarily turning all lighting off.
C. Lighting Control Requirements
1. Automatic Switching Requirements
Controls shall be provided that automatically extinguish all
outdoor lighting when sufficient daylight is available using a
control device or system such as a photoelectric switch,
astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup
power or device.
III. GENERAL REQUIREMENTS (cont.) - Ordinance Text
Exceptions to III.(C.) 1. Automatic lighting controls are not
required for the following:
a. Lighting under canopies.
b. Lighting for tunnels, parking garages, garage entrances,
and similar conditions.
CURFEW REQUIREMENTS - User’s Guide
The intent is to reduce or eliminate lighting after a given time. Benefits
include reduced environmental impact, longer hours of improved
astronomy, energy savings, and improved sleeping conditions for
residents. Additionally, some police departments have indicated that
post-curfew light reductions make drive-by patrolling easier because it
allows them to see further into and through a site.
The authority should determine the time of curfew and the amount of
lighting reduction based on the character, norms and values of the
community.
Typically, curfews go into effect one hour after the close of business.
Restaurants, bars and major entertainment facilities such as sports
stadiums, may require the curfew go into effect two hours after the
close of business. The authority may elect to have no curfew for facilities
with shift workers and 24 hour operations, or to extend the curfew time
to meet specific needs. The MLO can be modified to address those
concerns.
Areas without street lights or with very low ambient light levels should
consider turning off all non-emergency lighting at curfew while
commercial areas or urban areas may prefer a reduction in lighting
levels. A reduction of at least 30% is recommended for most uses.
2. Automatic Lighting Reduction Requirements
The Authority shall establish curfew time(s) after which total outdoor
lighting lumens shall be reduced by at least 30% or extinguished.
Exceptions to III.(C.) 2.
for any of the following:
Lighting reductions are not required
a. With the exception of landscape lighting, lighting for
residential properties including multiple residential
properties not having common areas.
b. When the outdoor lighting consists of only one luminaire.
c. Code required lighting for steps, stairs, walkways, and
building entrances.
d. When in the opinion of the Authority, lighting levels must
be maintained.
e. Motion activated lighting.
f. Lighting governed by special use permit in which times of
operation are specifically identified.
g. Businesses that operate on a 24 hour basis.
IV. NON-RESIDENTIAL LIGHTING - User’s Guide
This section addresses non-residential lighting and multiple-family
residences having common spaces, such as lobbies, interior corridors
or parking. Its intent is to:
IV. NON-RESIDENTIAL LIGHTING - Ordinance Text
For all non-residential properties, and for multiple residential properties
of seven domiciles or more and having common outdoor areas, all outdoor
lighting shall comply either with Part A or Part B of this section.
• Limit the amount of light that can be used
• Minimize glare by controlling the amount of light that tends to
create glare
• Minimize sky glow by controlling the amount of uplight
• Minimize the amount of off-site impacts or light trespass
This MLO provides two methods for determining compliance. The
prescriptive method contains precise and easily verifiable requirements
for luminaire light output and fixture design that limit glare, uplight,
light trespass and the amount of light that can be used. The performance
method allows greater flexibility and creativity in meeting the intent
of the ordinance. Note that both the prescriptive and the performance
method limit the amount of light that can be used, but do not control
how the lighting is to be used.
Most outdoor lighting projects that do not involve a lighting
professional will use the prescriptive method, because it is simple
and does not require engineering expertise.
For the prescriptive method, the initial luminaire lumen allowances
defined in Table A (Parking Space Method) or B (Hardscape Area Method)
will provide basic lighting (parking lot and lighting at doors and/or
sensitive security areas) that is consistent with the selected lighting zone.
The prescriptive method is intended to provide a safe lighting environment
while reducing sky glow and other adverse offsite impacts. The Per Parking
Space Method is applicable in small rural towns and is a simple method for
small retail “mom and pop” operations without drive lane access and where
the parking lot is immediately adjacent to the road. A jurisdiction may
PRESCRIPTIVE METHOD - User’s Guide
also allow a prescriptive method for classes of sites, such as car dealerships,
gas stations, or other common use areas.
Note that the values are for initial luminaire lumens, not footcandles on
the target (parking lot, sidewalk, etc). Variables such as the efficiency
of the luminaire, dispersion, and lamp wear can affect the actual
amount of light so the lumens per square foot allowance is not equal
to footcandles on the site. By specifying initial luminaire lumen values,
it is easier for officials to verify that the requirement is being met. Initial
luminaire lumens are available from photometric data. Each initial
luminaire lumens calculation should be supplied on the submittal form.
Solid state luminaires, such as LEDs, do not have initial lamp lumens, only
initial luminaire lumens (absolute photometry). Other luminaires tested
with relative photometry will have initial luminaire lumens which can be
calculated by multiplying initial lamp lumens by the luminaire efficiency. In
this example, three types of luminaires are used to light a parking area and
building entry in a light commercial area. Two of these three luminaires use
metal halide lamps: 70 watt wall mounted area lights and 150 watt pole
mounted area lights. For these, the Initial Luminaire Lumens is equal to the
initial lamp lumens multiplied by the luminaire efficiency. These values are
entered into the compliance chart. The lumen value for the building
mounted LED luminaires is equal to the lumens exiting the luminaire.
Therefore, the value already represents the Initial Luminaire Lumens and
no luminaire efficiency is needed. The total Luminaire Lumens for the site
is equal to 247,840.
IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text
A. Prescriptive Method
An outdoor lighting installation complies with this section if it meets the
requirements of subsections 1 and 2, below.
1. Total Site Lumen Limit
The total installed initial luminaire lumens of all outdoor lighting
shall not exceed the total site lumen limit. The total site
lumen limit shall be determined using either the Parking Space
Method (Table A) or the Hardscape Area Method (Table B).
Only one method shall be used per permit application, and for
sites with existing lighting, existing lighting shall be included
in the calculation of total installed lumens.
The total installed initial luminaire lumens is calculated as the sum
of the initial luminaire lumens for all luminaires.
The allowable lumens are based on the lighting zone and the total hardscape area. Referencing Table B, the allowed lumens are 2.5/SF for LZ2.
Multiplying this by the total hardscape square footage gives a value of
250,000 lumens allowed. Because this value is greater than the value
calculated for the site, the project complies. Listed below is an example
on a typical compliance worksheet for the Prescriptive Method.
IV. NON-RESIDENTIAL LIGHTING (cont.) - User’s Guide
In this example, three types of luminaires are used to light a parking area
and building entry in a light commercial area. Two of these three luminaires
use metal halide lamps: 70 watt wall mounted area lights and 150 watt
pole mounted area lights. For these, the Initial Luminaire Lumens is equal
to the initial lamp lumens multiplied by the luminaire efficiency. These
values are entered into the compliance chart. The lumen value for the
building mounted LED luminaires is equal to the lumens exiting the
luminaire. Therefore, the value already represents the Initial Luminaire
Lumens and no luminaire efficiency is needed. The total Luminaire Lumens
for the site is equal to 247,840. The allowable lumens are based on the
lighting zone and the total hardscape area. Referencing Table B, the
allowed lumens are 2.5/SF for LZ2. Multiplying this by the total hardscape
square footage gives a value of 250,000 lumens allowed. Because this
value is greater than the value calculated for the site, the project complies.
PRESCRIPTIVE METHOD EXAMPLE - COMPLIANCE CHART
Lamp Descriptions QTY Initial Luminaire Lumens
Total
70 W Metal Halide
150 W Metal Halide
18 W LED
8
20
24
3,920
9,600
1,020
31,360
192,000
24,480
TOTAL INITIAL LUMINAIRE LUMENS
SITE ALLOWED TOTAL INITIAL LUMENS*
PROJECT IS COMPLIANT?
247,840
250,000
YES
* Listed below is the method of determining the allowed total initial lumen for
non-residential outdoor lighting using the hardscape areamethod. (Table B).
SITE ALLOWED TOTAL INITIAL LUMENS
Site Description
Lighting Zone
Hardscape Area (SF)
Allowed Lumens per SF
of Hardscape (Table B)
Site Allowed Total Initial Lumens
(lumens per SF X hardscape area)
Light Commercial
LZ-2
100,000
2.5
250,000
PRESCRIPTIVE METHOD (cont.) - User’s Guide
LIMITS TO OFFSITE IMPACTS
The prescriptive method of the MLO restricts uplighting, including
upward light emitted by decorative luminaires. A jurisdiction may
choose to preserve some types of lighting, including lighting of
monuments or historic structures. In this case, the adopting jurisdiction
should exempt or otherwise regulate these types of lighting carefully so
that it does not inadvertently allow glaring or offensive lighting systems.
Offsite effects of light pollution include glare, light trespass, sky glow,
and impacts on the nocturnal environment . All of these are functions
of the fixture or luminaire design and installation. This document replaces
the previous luminaire classification terminology of full cut-off, semi
cut-off, and cut-off because those classifications were not as effective
in controlling offsite impacts as with the new IESNA luminaire
classification system as described in TM-15-07.
PRESCRIPTIVE METHOD
2. Limits to Off Site Impacts
All luminaires shall be rated and installed according to Table C.
3. Light Shielding for Parking Lot Illumination
All parking lot lighting shall have no light emitted above 90 degrees.
Exception:
a) Ornamental parking lighting shall be permitted by special permit only,
and shall meet the requirements of Table C-1 for Backlight, Table C-2
for Uplight, and Table C-3 for Glare, without the need for external
field-added modifications.
A traditional method of defining light trespass is to identify a maximum
light level at or near the property line. However, this method does not
address offensive light that is not directed toward the ground, or the
intensity of glaring light shining into adjacent windows. The requirements defined in Table C limit the amount of light in all quadrants that
is directed toward or above the property line. The Backlight/Uplight/
Glare (BUG) rating will help limit both light trespass and glare.
(A detailed explanation of the BUG system is provided in the section
on Table C.)
The limits for light distribution established in Table C (for the BUG
rating system) prevent or severely limit all direct upward light. A
small amount of uplight reflected by snow, light-colored pavement
or a luminaire's supporting arms is inevitable and is not limited
by the prescriptive method of this ordinance.
PRESCRIPTIVE METHOD (cont.) - User’s Guide
LIMITS TO OFFSITE IMPACTS
A seemingly non-compliant fixture, such as a post-top translucent
acorn luminaire, may in certain cases meet the BUG ratings, as long
as it has proper interior baffling within the acorn globe. However,
the BUG ratings in Table C will limit the use of the following types
of luminaires in all lighting zones:
Barn Lights
Non-Shielded
Wall Packs
Floodlights or
lights not aimed
downward
PERFORMANCE METHOD - User’s Guide
The performance method is best for projects with complex lighting
requirements or when the applicant wants or needs more flexibility in
lighting design. The performance method is also used when any lighting
designer plans to aim or direct any light fixture upward (above 90 degrees).
An engineer or lighting professional generally will be required to design
within the performance method. An adopting jurisdiction may also wish
to hire an engineer or lighting professional to review and approve projects
using this method and/or incorporate review of the performance method
into special review procedures.
The Performance Method is also best for projects where higher lighting
levels are required compared to typical area lighting. An example might be
a car sales lot where more light might be required on the new cars than
would be needed for a standard parking lot. Another example is a gas station
canopy requiring more light than a building entrance canopy.
B. Performance Method
1. Total Site Lumen Limit
The total installed initial luminaire lumens of all lighting systems on
the site shall not exceed the allowed total initial site lumens. The
allowed total initial site lumens shall be determined using Tables D
and E. For sites with existing lighting, existing lighting shall be
included in the calculation of total installed lumens.
The total installed initial luminaire lumens of all is calculated as the sum of the
initial luminaire lumens for all luminaires.
The first step in the Performance Method regulates overlighting by
establishing the Total Initial Site Lumens (Table D) that are allowed.
Allowances include the summation of the following (Table D):
1) Initial lumen allowance per site
2)Per area (SF) of hardscape
Table E allows additional lumens for unique site conditions.
Examples of allowances include:
1)Per building entrance/exit
2)Per length (linear feet) of Outdoor Sales Frontage Perimeter
3)Per area (SF) of Vehicle Service Station Canopy
4)Plus more …
The Site Total Initial Site Lumens allowed are a combination of
allowances from Table D and Table E.
IV. NON-RESIDENTIAL LIGHTING (cont.) - User’s Guide
PERFORMANCE METHOD
LIMITS TO OFFSITE IMPACTS (cont.)
The second step in the Performance Method is to determine if the proposed luminaires are producing off site impacts such as glare, sky glow
and light trespass. One may either use Option A which are the Maximum
Allowable BUG Ratings in Table C, or Option B through computer lighting
calculations show compliance with Maximum Vertical Illuminance
at any point in the plane of the property line in Table F. Option B will be
required for all non-residential luminaires that
A) do not have BUG ratings, or
B) exceed the BUG ratings,
C) are not fully shielded, or
D) have adjustable mountings.
For the performance method, Option B (2) requires photometric calculations for the site perimeter, to a height of no less than 33 feet (10
meters) above the tallest luminaire. Vertical illuminances at eye
height (5 feet above grade) will give values that can be used to verify
compliance by comparing actual site conditions to the photometric plan
submitted during review.
Note that the MLO specifies 'total initial luminaire lumens' as a measurement
in addition to footcandles/lux. The footcandle (lux) is equal to one lumen
per square meter. Lux is the metric unit and is equal to one lumen per square
meter.
2. Limits to Off Site Impacts
All luminaires shall be rated and installed using either Option A or
Option B. Only one option may be used per permit application.
Option A: All luminaires shall be rated and installed according to
Table C.
Option B: The entire outdoor lighting design shall be analyzed using
industry standard lighting software including interreflections in the following manner:
1) Input data shall describe the lighting system including
luminaire locations, mounting heights, aiming directions,
and employing photometric data tested in accordance with
IES guidelines. Buildings or other physical objects on the
site within three object heights of the property line must be
included in the calculations.
2) Analysis shall utilize an enclosure comprised of calculation
planes with zero reflectance values around the perimeter of
the site. The top of the enclosure shall be no less than 33
feet (10 meters) above the tallest luminaire. Calculations shall
include total lumens upon the inside surfaces of the box top
and vertical sides and maximum vertical illuminance
(footcandles and/or lux) on the sides of the enclosure.
The design complies if:
a) The total lumens on the inside surfaces of the virtual enclosure are less
than 15% of the total site lumen limit; and
b) The maximum vertical illuminance on any vertical surface is
less than the allowed maximum illuminance per Table F.
USER’S GUIDE - Page17
DESIGN COMPLIANCE - User’s Guide
The application form will require information about the number of
luminaires, the number of lamps in each luminaire, the initial luminaire
lumens for each luminaire and the initial lumen output for each lamp
(based on the wattage and type of lamp selected) as well as plans
showing the site area measurements. This will allow the reviewer to
verify that the lumen output of all the luminaires does not exceed the
allowance.
Field verification can be achieved by asking the applicant and/or
owner to verify that the luminaire type, lamp type and wattages
specified have been used. Also ask the applicant for photometric data
for each luminaire, since the initial luminaire lumens and B-U-G ratings
are stated on the photometric report.
However, if a jurisdiction requires additional on-site verification, it
may also request a point-by-point photometric plan. While this will
not be a true measure of compliance with the criteria of this
Ordinance, comparing the actual measured levels on site to the
photometric plan can be an indication whether or not the installed
lighting varies from the approved design.
USER’S GUIDE - Page18
V. RESIDENTIAL LIGHTING - Ordinance Text
V. RESIDENTIAL LIGHTING - User’s Guide
This section applies to single family home, duplexes, row houses, and
low rise multi-family buildings of 6 dwelling units or less.
RESIDENTIAL LIGHTING EXCEPTIONS
The exceptions allow for typical lighting that might exceed the specified
limits.
Landscape Lighting - While not common in residential areas, it can
cause light pollution and light trespass if it is not controlled.
Lighting controlled by Vacancy (Motion) Sensor - Reduces light pollution
and light trespass and should be encouraged.
RESIDENTIAL LIGHTING EXAMPLE
In this example on the following page, five different luminaires are used on
a residential property. Each luminaire must comply to meet the requirements.
The site plan following shows luminaire types followed by a tabulation of each
uminaire, whether or not it is fully shielded, lamp type, and initial luminaire
lumens. If the luminaire lumens are not known, multiply the initial lamp
lumens by the luminaire efficiency. If the efficiency is not known, multiply the
initial lamp lumens by 0.7 as a reasonable assumption. The maximum
allowable lumen values come from Table G, based on the shielding
classification and location on the site. In this case, each luminaire complies
with the requirements of Table G.
Comparison of efficacy by power
(120 Volt Incandescent lamps)
Power (Watt)
Output
(Lumens) Incan CFL
LED
9
500 40 8 - 10
850 60 13 - 18 12 - 15
1,200 75 18 - 22 15
1,700 100 23 - 28 18
A. General Requirements
For residential properties including multiple residential properties
not having common areas, all outdoor luminaires shall be fully
shielded and shall not exceed the allowed lumen output in Table G,
row 2.
Exceptions
1. One partly shielded or unshielded luminaire at the main
entry, not exceeding the allowed lumen output in Table G row
1.
2. Any other partly shielded or unshielded luminaires not
exceeding the allowed lumen output in Table G row 3.
3. Low voltage landscape lighting aimed away from adjacent
properties and not exceeding the allowed lumen output in Table
G row 4.
4. Shielded directional flood lighting aimed so that direct glare is
not visible from adjacent properties and not exceeding the
allowed lumen output in Table G row 5.
5. Open flame gas lamps.
6. Lighting installed with a vacancy sensor, where the sensor
extinguishes the lights no more than 15 minutes after the
area is vacated.
7. Lighting exempt per Section III (B.).
B. Requirements for Residential Landscape Lighting
1.Shall comply with Table G.
2.Shall not be aimed onto adjacent properties.
V. RESIDENTIAL LIGHTING - User’s Guide
Property Type: Residential
Lighting Zone 1
Luminaire
Type
Maximum
Initial
All owed Initial
Luminiare Luminaire Lumens
Lumens*
(Table G)
Luminaire
Full y
Lamp
Description
Shielded
Type
Controls Compliant
Decorative w all
A
Front Entry
sconce
No
9W CFL
420
420
None
Yes
Fully shielded
Occupancy
B
Garage Do or
w all pack
Yes
23W CFL
1050
1260
Sensor
Yes
Decorative w all
Occupancy
C
Back Entry
sconce
No
7W CFL
280
315
Sensor
Yes
Fully shielded
Occupancy
D
Shed Entry
w all pack
Yes
40W INC
343
1260
Sensor
Yes
Fully shielded
E
Driveway
post top
Yes
13W CFL
1260
1260
None
Yes
*Initi al Luminaire Lumens are calculated by multiplying the total in itial lamp lumens by the luminaire efficiency.
If the luminaire efficie ncy is not known , assume an efficiency of 70% and multiply the lamp lum en value by 0.7.
Location
VI. LIGHTING BY SPECIAL PERMIT ONLY - Ordinance Text
VI. LIGHTING BY SPECIAL PERMIT ONLY - User’s Guide
This section addresses types of lighting that are intrusive or complex in
their impacts and need a higher level of scrutiny and/or site sensitivity.
It should be noted that safety could be compromised if lighting
conforming to this ordinance is located adjacent to excessively
bright and/or glaring lighting.
It is important that the authority set clear and reasonable guidelines
for applying for a special lighting use permit, and establish rules and
procedures for granting or refusing them. They may differ from
existing special use policies, in which case one or the other may be
changed to achieve the overall goal of effective lighting without glare,
sky glow, or light trespass.
SPORTS FIELD LIGHTING
For athletic and sports fields, the appropriate level of lighting will depend
on the Class of Play and Facilities. Class of Play is divided into 4 categories,
depending on the number of fixed spectator seats. (Competition play
intended for nighttime TV broadcast may require higher lighting levels).
A. High Intensity and Special Purpose Lighting
The following lighting systems are prohibited from being installed or
used except by special use permit:
1. Temporary lighting in which any single luminaire exceeds 20,000
initial luminaire lumens or the total lighting load exceeds 160,000
lumens.
2. Aerial Lasers.
3. Searchlights.
4. Other very intense lighting defined as having a light source
exceeding 200,000 initial luminaire lumens or an intensity in any
direction of more than 2,000,000 candelas.
B
B. Complex and Non-Conforming Uses
Upon special permit issued by the Authority, lighting not complying with
the technical requirements of this ordinance but consistent with its intent
may be installed for complex sites or uses or special uses including, but
not limited to, the following applications:
1. Sports facilities, including but not limited to unconditioned rinks,
open courts, fields, and stadiums.
2. Construction lighting.
3. Lighting for industrial sites having special requirements, such as
petrochemical manufacturing or storage, shipping piers, etc.
4. Parking structures.
5. Urban parks
6. Ornamental and architectural lighting of bridges, public monuments,
statuary and public buildings.
7. Theme and amusement parks.
8. Correctional facilities.
CLASS I: Competition play at facilities with 5,000 or more fixed spectator seats.
(Professional, Colleges & Universities, some Semi-Professional & Large
Sports Cubs)
CLASS II: Games at facilities with over 1,500 fixed spectator seats. (Smaller
Universities and Colleges, some Semi-pro, large amateur leagues
and high schools with large spectator facilities)
CLASS III: Games at facilities with over 500 fixed spectator seats. (Sports
Clubs and amateur leagues, some high schools and large training
professional training facilities with spectator sections)
To obtain such a permit, applicants shall demonstrate that the proposed
CLASS IV: Competition or recreational play at facilities with 500 fixed
lighting installation:
spectator seats or less. Class IV Class of Play applies to games at
a. Has sustained every reasonable effort to mitigate the effects of
which family and close friends of the players and staff are usually
light on the environment and surrounding properties, supported
the majority of spectators. (Smaller amateur leagues, park and recreation
by a signed statement describing the mitigation measures. Such
department facilities, most Little Leagues smaller high schools,
statement shall be accompanied by the calculations required for
elementary and middle schools, and social events)
the Performance Method.
SPORTS FIELD LIGHTING
When Class of Play is above Class IV, a dual control should be installed
to limit illumination to Class IV levels during practices where spectators
are fewer than 500.
(See IES Recommended Practice for Sports and Recreational Area
Lighting RP-6)
VI. LIGHTING BY SPECIAL PERMIT ONLY (cont.) - Ordinance Text
b. Employs lighting controls to reduce lighting at a Project Specific
Curfew (“Curfew”) time to be established in the Permit.
c. Complies with the Performance Method after Curfew.
The Authority shall review each such application. A permit may be
granted if, upon review, the Authority believes that the proposed lighting
will not create unwarranted glare, sky glow, or light trespass.
VII. EXISTING LIGHTING - Ordinance Text
VII. EXISTING LIGHTING - User’s Guide
Adoption of this section on existing lighting is strongly encouraged.
Lighting installed prior to the effective date of this ordinance shall comply
with the following.
If the adopting jurisdiction has criteria in place that require a property
to come into compliance with the current zoning ordinance, it is
recommended that the criteria also be applied to bringing existing
lighting into compliance. If there are no established criteria, this
section of the MLO is recommended.
A. Amortization
Amortization allows existing lighting to gradually and gracefully come
into compliance. Substantial changes or additions to existing properties
are considered the same as new construction, and must comply.
Most outdoor lighting can be fully depreciated once it is fully
amortized, usually no longer than 10 years, if not sooner, from the
date of initial installation. Some jurisdictions may prefer to require
phase-out in a substantially shorter period. The Authority may also
wish to require compliance much sooner for “easy fixes” such as
re-aiming or lowering lumen output of lamps. Where lighting is judged
to be a safety hazard, immediate compliance can be required.
On or before [amortization date], all outdoor lighting shall comply
with this Code.
B. New Uses or Structures, or Change of Use
Whenever there is a new use of a property (zoning or variance
change) or the use on the property is changed, all outdoor lighting
on the property shall be brought into compliance with this Ordinance
before the new or changed use commences.
C. Additions or Alterations
1. Major Additions.
If a major addition occurs on a property, lighting for the entire
property shall comply with the requirements of this Code. For
purposes of this section, the following are considered to be major
additions:
VII. EXISTING LIGHTING (cont.) - Ordinance Text
Additions of 25 percent or more in terms of additional dwelling
units, gross floor area, seating capacity, or parking spaces, either
with a single addition or with cumulative additions after the
effective date of this Ordinance.
Single or cumulative additions, modification or replacement of
25 percent or more of installed outdoor lighting luminaires
existing as of the effective date of this Ordinance.
2. Minor Modifications, Additions, or New Lighting Fixtures
for Non-residential and Multiple Dwellings
For non-residential and multiple dwellings, all additions, modifications, or replacement of more than 25 percent of outdoor lighting
fixtures existing as of the effective date of this Ordinance shall
require the submission of a complete inventory and site plan
detailing all existing and any proposed new outdoor lighting.
Any new lighting shall meet the requirements of this Ordinance.
3. Resumption of Use after Abandonment
If a property with non-conforming lighting is abandoned for a
period of six months or more, then all outdoor lighting shall be
brought into compliance with this Ordinance before any further
use of the property occurs.
VIII. ENFORCEMENT AND PENALTIES - User’s Guide
Enforcement and penalties will vary by jurisdiction. There are, however,
certain practices that will promote compliance with lighting regulations.
Education is a key tool in promoting compliance. Proactive enforcement
procedures can include providing a copy of the lighting regulations to
every contractor at the time they visit to obtain a building permit.
Another effective tool is a requirement that the builder or developer
acknowledge in writing that the he or she is familiar with the lighting
requirements and will submit a lighting plan for approval.
VIII. ENFORCEMENT & PENALTIES - Ordinance Text
(Reserved)
VIII. ENFORCEMENT AND PENALTIES (cont.) - User’s Guide
VIII. ENFORCEMENT & PENALTIES - Ordinance Text
Submission of the Lighting Plan should be required as a precondition
to any approvals. The Lighting Plan should include the location and
BUG rating for each luminaire, specify whether compliance is by the
performance or prescriptive method, and a worksheet to show that
the luminaires and their BUG ratings are compliant.
IX. TABLES - Ordinance Text
IX. TABLES - User’s Guide
The tables are to be reviewed periodically by a joint committee of the
IES and IDA, and adjusted as standards and technology permit. If more
research on the impacts of outdoor lighting shows the effects of light
pollution to be a significant concern, then the values in the tables may
be modified. Such changes will have no significant impact to the balance
of the language of the Ordinance or Code.
Table A - Allowed Total Initial Luminaire Lumens per Site for
Non-residential Outdoor Lighting, Per Parking Space Method
May only be applied to properties up to 10 parking spaces (including
handicapped accessible spaces).
LZ-0
LZ-1
LZ-2
LZ-3
LZ-4
350
lms/space
490
lms/space
630
lms/space
840
lms/space
1,050
lms/space
Table B - Allowed Total Initial Lumens per Site for Nonresidential Outdoor Lighting, Hardscape Area Method
May be used for any project. When lighting intersections of site drives
and public streets or road, a total of 600 square feet for each intersection
may be added to the actual site hardscape area to provide for intersection
lighting.
LZ-0
LZ-1
Base Allowance
LZ-2
0.5 lumens 1.25 lumens 2.5 lumens
per SF of
per SF of
per SF of
Hardscape Hardscape Hardscape
LZ-3
LZ-4
5.0 lumens
per SF of
Hardscape
7.5 lumens
per SF of
Hardscape
IX. TABLES - Ordinance Text
Table B - Lumen Allowances, in Addition to Base Allowance
LZ 0
LZ 1
LZ 2
LZ 3
LZ 4
Additional allowances for sales and service facilities.
No more than two additional allowances per site, Use it or Lose it.
Outdoor Sales Lots. This allowance is lumens per square foot of uncovered sales lots used exclusively
for the display of vehicles or other
merchandise for sale, and may not
include driveways, parking or other
non sales areas. To use this allowance, luminaires must be within 2
mounting heights of sales lot area.
Outdoor Sales Frontage. This
allowance is for lineal feet of sales
frontage immediately adjacent to the
principal viewing location(s) and
unobstructed for its viewing length.
A corner sales lot may include two
adjacent sides provided that a different principal viewing location exists
for each side. In order to use this allowance, luminaires must be located
between the principal viewing location and the frontage outdoor sales
area
0
0
Drive Up Windows. In order to
use this allowance, luminaires
must be within 20 feet horizontal
distance of the center of the
window.
Vehicle Service Station. This
allowance is lumens per installed
fuel pump.
0
0
4
16
8
16
lumens lumens lumens lumens
per
per
per
per
square square square square
foot
foot
foot
foot
0
1,000
per
LF
1,500
per
LF
2,000
per
LF
8,000
8,000
4,000
2,000
per
per
per
per
drive-up drive-up drive-up drive-up
window window window window
4,000
lumens
per
pump
(based
on 5 fc
horiz)
8,000
lumens
per
pump
(based
on 10 fc
horiz)
16,000
lumens
per
pump
(based
on 20 fc
horiz)
24,000
lumens
per
pump
(based
on 20 fc
horiz)
IX. TABLES - TABLE C BUG RATING - User’s Guide
Work on the BUG system started in 2005 when the IES upgraded the
roadway cutoff classification system. The original system, which
included the ratings full cutoff, cutoff, semi-cutoff and non cutoff, had
been designed as a rating system focused on brightness and glare control.
However, with increasing demand for control of uplight and light trespass in
addition to glare, IES realized that a more comprehensive system was
needed. IES developed TM-15 Luminaire Classification System for
Outdoor Luminaires.
As this is a relatively new rating system, and many people may not be
familiar with it, more explanation of how the rating system works is
provided here. For example, some people are familiar with terms such
as “full cutoff” and they may expect the MLO to include those terms.
It will be very important that all groups recognize that older terms and
concepts are inadequate for the complex tasks of controlling light
pollution. It is recommended that the new rating system adopted in
TM-15, as followed herein by the MLO, be used intact and exclusively.
BUG requires downlight only with low glare (better than full cut off)
in lighting zones 0, 1 and 2, but allows a minor amount of uplight in
lighting zones 3 and 4. In lighting zones 3 and 4, the amount of allowed
uplight is enough to permit the use of very well shielded luminaires
that have a decorative drop lens or chimney so that dark sky friendly
lighting can be installed in places that traditional-appearing luminaires
are required. BUG typically cannot be used for residential luminaires
unless they have been photometrically tested. For non-photometrically
tested residential luminaires, shielding description is used instead.
The lumen limits established for each lighting zone apply to all types
of lighting within that zone. This includes, but is not limited to, specialty
lighting, façade lighting, security lighting and the front row lighting for
auto dealerships. BUG rating limits are defined for each luminaire and
IX. TABLES (cont.) - Ordinance Text
Table C - Maximum Allowable Backlight, Uplight and Glare
(BUG) Ratings
May be used for any project. A luminaire may be used if it is rated for
the lighting zone of the site or lower in number for all ratings B, U and G.
Luminaires equipped with adjustable mounting devices permitting
alteration of luminaire aiming in the field shall not be permitted.
Lighting Lighting Lighting Lighting Lighting
Zone
Zone
Zone
Zone
Zone
0
1
2
3
4
TABLE C-1
Allowed Backlight Rating*
Greater than 2 mounting
heights from property line
B1
B3
B4
B5
B5
1 to less than 2 mounting
heights from property line
and ideally oriented**
B1
B2
B3
B4
B4
0.5 to 1 mounting heights
from property line and
ideally oriented**
B0
B1
B2
B3
B3
Less than 0.5 mounting
height to property line
and properly oriented**
B0
B0
B0
B1
B2
*For property lines that abut public walkways, bikeways, plazas, and
parking lots, the property line may be considered to be 5 feet beyond
the actual property line for purpose of determining compliance with
this section. For property lines that abut public roadways and public
transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of
determining compliance with this section. NOTE: This adjustment is
relative to Table C-1 and C-3 only and shall not be used to increase
the lighting area of the site.
** To be considered 'ideally oriented', the luminaire must be mounted
with the backlight portion of the light output oriented perpendicular
and towards the property line of concern.
IX. TABLES - TABLE C BUG RATING (cont.) - User’s Guide
are based on the internal and external design of the luminaire, its aiming,
and the initial luminaire lumens of the specified luminaires. The BUG rating
limits also take into consideration the distance the luminaire is installed
from the property line in multiples of the mounting height (See Table C).
The three components of BUG ratings are
based on IES TM-15-07 (revised):
Backlight, which creates light
trespass onto adjacent sites. The
B rating takes into account the
amount of light in the BL, BM,
BH and BVH zones, which are
in the direction of the
luminaire OPPOSITE from
the area intended to be
lighted.
Uplight, which causes
artificial sky glow. Lower uplight
(zone UL) causes the most sky
glow and negatively affects
professional and academic astronomy. Upper uplight (UH) not reflected
off a surface is mostly energy waste. The U rating defines the amount
of light into the upper hemisphere with greater concern for the light
at or near the horizontal angles (UL).
Glare, which can be annoying or visually disabling. The G rating takes
into account the amount of frontlight in the FH and FVH zones as well
as BH and BVH zones.
BUG ratings apply to the Lighting Zone of the property under consideration.
IX. TABLES - TABLE C BUG RATING (cont.) - User’s Guide
(Key: UH=Uplight High, UL=Uplight Low, BVH=Backlight Very High,
BH=Backlight High, BM=Backlight Medium, BL=Backlight Low,
FVH=Forward Light Very High, FH=Forward Light High,
FM=Forward Light Medium, FL=Forward Light Low.)
In general, a higher BUG rating means more light is allowed in solid
angles, and the rating increases with the lighting zone. However, a
higher B (backlight) rating simply indicates that the luminaire directs a
significant portion of light behind the pole, so B ratings are designated
based on the location of the luminaire with respect to the property line.
A high B rating luminaire maximizes the spread of light, and is effective
and efficient when used far from the property line. When luminaires are
located near the property line, a lower B rating will prevent unwanted
light from interfering with neighboring properties.
At the 90-180 degree ranges:
• Zone 0 allows no light above 90 degrees.
Table C - 2 Maximum Allowable Uplight
(BUG) Ratings - Continued
Zone
Zone
Zone
Zone
Zone
0
1
2
3
4
TABLE C-2
Allowed Uplight Rating
U0
U1
U2
U3
U4
Allowed % light emission
above 90º for street or Area
lighting
0% 0%
0%
0%
0%
Table C - 3 Maximum Allowable Glare
(BUG) Ratings - Continued
Zone
Zone
Zone
Zone
Zone
0
1
2
3
4
TABLE C-3
Allowed Glare Rating
G0
G1
G2
G3
G4
Any luminaire not ideally
oriented*** with 1 to less than 2
mounting heights to any
property line of concern
G0
G0
G1
G1
G2
• Zone 2 allows only 50 lumens in the UH and UL zones, 100 lumens
total (less than a 25W incandescent lamp).
oriented*** with 0.5 to 1
G0
G0
G0
G1
G1
total (about the output of a 75W incandescent bulb).
oriented*** with less than 0.5
G0
G0
G0
G0
G1
total in the complete upper hemisphere. (This is roughly equivalent
to a 5 W incandescent lamp).
· Zone 4 allows only 1,000 lumens in the UH and UL zones, 2000 lumens
total (about the output of a 100W incandescent bulb).
*** Any luminaire that cannot be mounted with its backlight perpendicular
to any property line within 2X the mounting heights of the luminaire
location shall meet the reduced Allowed Glare Rating in Table C-3.
TABLE D EXAMPLE - PERFORMANCE METHOD - User’s Guide
The first step in the Performance Method is to establish the Site Total
Initial Site Lumens which regulates overlighting. The performance method
allows layers of light depending on the complexity of the site.
Table D establishes the basic total initial site lumens allowed. These
lumen allowances are added together for a total initial site lumen
allowance. Allowances include:
1) Initial lumen allowance per site
Table D Performance Method Allowed Total Initial Site
Lumens
May be used on any project.
Lighting Zone
LZ 0 LZ 1 LZ 2 LZ 3 LZ 4
Allowed Lumens Per SF
0.5
Allowed Base Lumens Per Site
0
1.25
2.5
5.0
7.5
3,500 7,000 14,000 21,000
2) Per area (SF) of hardscape
Table E Performance Method Additional Initial Luminaire Lumen
Allowances. All of the following are “use it or lose it” allowances.
All area and distance measurements in plan view unless otherwise noted.
Lighting Application
LZ 0
LZ 1
LZ 2
LZ 3
LZ 4
Additional Lumens Allowances for All Buildings except service stations and
outdoor sales facilities. A MAXIMUM OF THREE (3) ALLOWANCES ARE
PERMITTED. THESE ALLOWANCES ARE “USE IT OR LOSE IT”.
Building Entrances or Exits. This
allowance is per door. In order to
use this allowance, luminaires must
be within 20 feet of the door.
Building Facades. This allowance
is lumens per unit area of building
façade that are illuminated. To use
this allowance, luminaires must be
aimed at the façade and capable of
illuminating it without obstruction.
400
1,000
2,000
4,000
6,000
0
0
8/SF
16/SF
24/SF
TABLE E PERFORMANCE METHOD - User’s Guide
The allowable light levels for these uses defined in Table E may be used
to set a prescriptive lighting allowance for these uses in each lighting
zone. It should be noted that the lighting allowance defined in Table E
is only applicable for the area defined for that use and cannot be
transferred to another area of the site. For some uses, such as outdoor
sales, the jurisdiction is encourages to define a percentage of the total
hardscape area that is eligible for the additional lighting allowance. For
example, a set percentage of a car dealership's lot may be considered a
display area and receive the additional lighting allowance where the
remainder of the lot would be considered storage, visitor parking, etc.
and cannot exceed the base light levels defined in Table A.
TABLE E EXAMPLE - PERFORMANCE METHOD - User’s Guide
Table E - Performance Method Additional Initial Lumen
Allowances (cont.)
Sales or Non-sales Canopies. This
allowance is lumens per unit area for
the total area within the drip line of
the canopy. In order to qualify for
located under the canopy.
Guard Stations. This allowance is
lumens per unit area of guardhouse
plus 2000 sf per vehicle lane. In order
to use this allowance, luminaires
must be within 2 mounting heights of
a vehicle lane or the guardhouse.
Outdoor Dining. This allowance is
lumens per unit area for the total illuminated hardscape of outdoor
dining. In order to use this allowance,
luminaires must be within 2 mounting
heights of the hardscape area of
outdoor dining
Drive Up Windows. This allowance
is lumens per window. In order to
use this allowance, luminaires must
be within 20 feet of the center of the
window.
LZ 0 LZ 1
LZ 2
LZ 3
LZ 4
0
3/SF
6/SF
12/SF
18/SF
0
6/SF
12/SF
24/SF
36/SF
0
1/SF
5/SF
10/SF
15/SF
0
2,000
4,000
8,000
8,000
per
per
per
per
drive-up drive-up drive-up drive-up
window window window window
Additional Lumens Allowances for Service Stations only.
Service stations may not use any other additional allowances.
Vehicle Service Station Hardscape.
This allowance is lumens per unit area
for the total illuminated hardscape
area less area of buildings, area under
canopies, area off property, or areas
obstructed by signs or structures. In
0
order to use this allowance, luminaires
must be illuminating the hardscape
area and must not be within a building,
below a canopy, beyond property
lines, or obstructed by a sign or other
structure.
4/SF
8/SF
16/SF
24/SF
Table E - Performance Method Additional Initial Lumen
Allowances (cont.)
LZ 0
LZ 1
LZ 2
LZ 3
LZ 4
Vehicle Service Station Canopies.
This allowance is lumens per unit
area for the total area within the drip
line of the canopy. In order to use
located under the canopy.
0
8/SF
16/SF
32/SF
32/SF
Additional Lumens Allowances for Outdoor Sales facilities only.
Outdoor Sales facilities may not use any other additional allowances.
NOTICE: lighting permitted by these allowances shall employ controls extinguishing this lighting after a curfew time to be determined by the Authority.
Outdoor Sales Lots. This allowance
is lumens per square foot of uncovered sales lots used exclusively for
the display of vehicles or other merchandise for sale, and may not include driveways, parking or other
non sales areas and shall not exceed
25% of the total hardscape area.
To use this allowance, Luminaires
must be within 2 mounting heights
of the sales lot area.
Outdoor Sales Frontage. This allowance is for lineal feet of sales
frontage immediately adjacent to the
principal viewing location(s) and unobstructed for its viewing length. A
corner sales lot may include two adjacent sides provided that a different
principal viewing location exists for
each side. In order to use this allowance, luminaires must be located
between the principal viewing
location and the frontage outdoor
sales area.
0
4/SF
0
0
12/SF
18/SF
1,000/ 1,500/
LF
LF
2,000/
LF
8/SF
Table F Maximum Vertical Illuminance at any point in
the plane of the property line
Lighting
Zone 0
0.05 FC or
0.5 LUX
Lighting
Zone 1
0.1 FC or
1.0 LUX
Lighting
Zone 2
0.3 FC or
3.0 LUX
Lighting
Zone 3
Lighting
Zone 4
0.8 FC or
8.0 LUX
1.5 FC or
15.0 LUX
Table G - Residential Lighting Limits
LZ 0
LZ 1
Row 1 Maximum Allowed
420
Not
Luminaire Lumens* for Unshield-allowed lumens
ed Luminaires at one entry only
630
1,260
Luminaire Lumens* for each
lumens lumens
Fully Shielded Luminaire
315
Not
allowed lumens
Unshielded Luminaire
excluding main entry
Not
Not
allowed
allowed
Landscape Lighting
Not
Not
allowed
allowed
Shielded Directional Flood
Lighting
Low Voltage Landscape
Lighting
LZ 2
LZ 3
630
630
630
lumens lumens lumens
1,260 1,260 1,260
315
315
315
1,050 2,100 2,100
1,260 2,100 2,100
525
525
Not
525
Not
allowed allowed lumens lumens lumens
* Luminaire lumens equals Initial Lamp Lumens for a lamp,
multiplied by the number of lamps in the luminaire
TABLE G RESIDENTIAL LIGHTING - User’s Guide
Residential Light Levels
Most residential lighting has traditionally used incandescent lamps
which are identified by their wattage. However, since new technologies
provide more light for fewer watts, it is no longer possible to regulate
residential lighting solely by providing a maximum wattage. Table G,
therefore, lists maximum initial luminaire lumens only.
LZ 4
X. DEFINITIONS - Ordinance Text
X. DEFINITIONS - User’s Guide
Definitions are typically generally added to any code when new code
sections are added. The definitions are legally required and play a
significant role in the interpretation of the ordinance and code.
Most city attorneys will not accept references to outside sources
regardless of credibility, such as the IES Handbook. Thus as a general
rule, a definition for an unfamiliar term (e.g. lumens) must be added
by the adopting ordinance.
When adopting or integrating the MLO definitions, be sure to retire
conflicting technical terminology. In particular, the latest IES Luminaire
Classification System as defined in IES TM-15-07 is likely to need
attention.
Absolute
Photometry
Lighting designed to reveal architectural
Architectural Lighting beauty, shape and/or form and for which
lighting for any other purpose is incidental.
The adopting municipality, agency or other
Authority
governing body.
An automatic lighting control device that
Astronomic
switches outdoor lighting relative to time of
Time Switch
solar day with time of year correction.
For an exterior luminaire, lumens emitted in
the quarter sphere below horizontal and in the
opposite direction of the intended orientation
Backlight
of the luminaire. For luminaires with
symmetric distribution, backlight will be the
same as front light.
Canopy
A luminaire classification system that classifies backlight (B), uplight (U) and glare (G).
A covered, unconditioned structure with at
least one side open for pedestrian and/or
vehicular access. (An unconditioned structure
is one that may be open to the elements and
has no heat or air conditioning.)
Common
Outdoor
Areas
One or more of the following: a parking lot;
a parking structure or covered vehicular
entrance; a common entrance or public space
shared by all occupants of the domiciles.
Curfew
A time defined by the authority when outdoor
lighting is reduced or extinguished.
BUG
Photometric measurements (usually of a
solid-state luminaire) that directly measures
the footprint of the luminaire. Reference
Standard IES LM-79
Examples of Fully Shielded Luminaires
Emergency
conditions
Footcandle
Forward Light
Fully Shielded
Luminaire
Glare
Hardscape
Hardscape Area
Generally, lighting that is only energized during an emergency; lighting fed from a backup
power source; or lighting for illuminating
the path of egress solely during a fire or other
emergency situation; or, lighting for security
purposes used solely during an alarm.
The unit of measure expressing the quantity
oflight received on a surface. One footcandle
is the illuminance produced by a candle on a
surface one foot square from a distance of
one foot.
For an exterior luminaire, lumens emitted in
the quarter sphere below horizontal and in the
direction of the intended orientation of the
luminaire.
A luminaire constructed and installed in such
a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the
luminaire's lowest light-emitting part.
Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that
causes visual discomfort or reduced visibility.
Permanent hardscape improvements to the
site including parking lots, drives, entrances,
curbs, ramps, stairs, steps, medians, walkways
and non-vegetated landscaping that is 10 feet
or less in width. Materials may include
concrete, asphalt, stone, gravel, etc.
The area measured in square feet of all hardscape. It is used to calculate the Total Site
Lumen Limit in both the Prescriptive Method
and Performance Methods. Refer to
Hardscape definition.
Hardscape
Perimeter
IDA
IESNA
Impervious
Material
Industry Standard
Lighting Software
Lamp
Landscape Lighting
LED
Light
Pollution
The perimeter measured in linear feet is
used to calculate the Total Site Lumen Limit
in the Performance Method. Refer to
Hardscape definition.
International Dark-Sky Association.
Illuminating Engineering Society
of North America.
Sealed to severely restrict water entry and
movement
Lighting software that calculates point-bypoint illuminance that includes reflected light
using either ray-tracing or radiosity methods.
A generic term for a source of optical radiation (i.e. “light”), often called a “bulb” or
“tube”. Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps,
and low pressure sodium (LPS) lamps, as well
as light-emitting diode (LED) modules and
arrays.
Lighting of trees, shrubs, or other plant
material as well as ponds and other landscape
features.
Light Emitting Diode.
Any adverse effect of artificial light including,
but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and
security, and impacts on the nocturnal
environment.
Light
Trespass
Lighting
Lighting
Equipment
Lighting Zone
Lighting Equipment
Light that falls beyond the property it is
intended to illuminate.
“Electric” or “man-made” or “artificial”
lighting. See “lighting equipment”.
Equipment specifically intended to provide
gas or electric illumination, including but not
limited to, lamp(s), luminaire(s), ballast(s),
poles, posts, lens(s), and related structures,
electrical wiring, and other necessary or
auxiliary components.
An overlay zoning system establishing legal
limits for lighting for particular parcels, areas,
or districts in a community.
Equipment specifically intended to provide
gas or electric illumination, including but not
limited to, lamp(s), luminaire(s), ballast(s),
poles, posts, lens(s), and related structures,
electrical wiring, and other necessary or
auxiliary components.
Low Voltage
Landscape
Lighting
Landscape lighting powered at less than 15
volts and limited to luminaires having a rated
initial luminaire lumen output of 525 lumens
or less.
Lumen
The unit of measure used to quantify the
amount of light produced by a lamp or
emitted from a luminaire (as distinct from
“watt,” a measure of power consumption).
Luminaire
The complete lighting unit (fixture), consisting
of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to
distribute the light (reflector, lens, diffuser), to
position and protect the lamps, and to connect
the lamps to the power supply.
Luminaire Lumens
Lux
Mounting height
New lighting
Mounting Height: The horizontal spacing of poles is often measured
in units of “mounting height”. Example: “The luminaires can be
spaced up to 4 mounting heights apart.”
Object
For luminaires with relative photometry per
IES, it is calculated as the sum of the initial
lamp lumens for all lamps within an
individual luminaire, multiplied by the
luminaire efficiency. If the efficiency is not
known for a residential luminaire, assume
70%. For luminaires with absolute
photometry per IES LM-79, it is the total
luminaire lumens. The lumen rating of a
luminaire assumes the lamp or luminaire is
new and has not depreciated in light output.
The SI unit of illuminance. One lux is one
lumen per square meter. 1 Lux is a unit of
incident illuminance approximately equal
to 1/10 footcandle.
The height of the photometric center of a
luminaire above grade level.
Lighting for areas not previously illuminated;
newly installed lighting of any type except for
replacement lighting or lighting repairs.
A permanent structure located on a site.
Objects may include statues or artwork,
garages or canopies, outbuildings, etc.
Object Height
The highest point of an entity, but shall not
include antennas or similar structures.
Ornamental lighting
Lighting that does not impact the function and
safety of an area but is purely decorative, or
used to illuminate architecture and/or landscaping, and installed for aesthetic effect.
A luminaire intended for illuminating streets
that serves a decorative function in addition to
providing optics that effectively deliver street
lighting. It has a historical period appearance
or decorative appearance, and has the following design characteristics:
Ornamental Street
Lighting
Outdoor Lighting
Partly shielded
luminaire
Pedestrian
Hardscape
· designed to mount on a pole using an
arm, pendant, or vertical tenon;
· opaque or translucent top and/or sides;
· an optical aperture that is either open
or enclosed with a flat, sag or drop lens;
· mounted in a fixed position; and
· with its photometric output measured
using Type C photometry per
IESNA LM-75-01.
Lighting equipment installed within the property line and outside the building envelopes,
whether attached to poles, building structures,
the earth, or any other location; and any
associated lighting control equipment.
A luminaire with opaque top and translucent
or perforated sides, designed to emit most
light downward.
Stone, brick, concrete, asphalt or other similar
finished surfaces intended primarily for
walking, such as sidewalks and pathways.
A control device employing a photocell or
Photoelectric Switch photodiode to detect daylight and automatically switch lights off when sufficient daylight is
available.
The edges of the legally-defined extent of
Property line
privately owned property.
Relative photometry
Repair(s)
Replacement
Lighting
Sales area
Seasonal lighting
Shielded Directional
Luminaire
Sign
Photometric measurements made of the lamp
plus luminaire, and adjusted to allow for light
loss due to reflection or absorption within the
luminaire. Reference standard: IES LM-63.
The reconstruction or renewal of any part of
an existing luminaire for the purpose of its ongoing operation, other than relamping or
replacement of components including capacitor, ballast or photocell. Note that retrofitting
a luminaire with new lamp and/or ballast technology is not considered a repair and for the
purposes of this ordinance the luminaire shall
be treated as if new. “Repair” does not
include normal relamping or replacement of
components including capacitor, ballast or
photocell.
Lighting installed specifically to replace existing lighting that is sufficiently broken to be
beyond repair.
Uncovered area used for sales of retail goods
and materials, including but not limited to
automobiles, boats, tractors and other farm
equipment, building supplies, and gardening
and nursery products.
Temporary lighting installed and operated in
connection with holidays or traditions.
A luminaire that includes an adjustable mounting device allowing aiming in any direction
and contains a shield, louver, or baffle to
reduce direct view of the lamp.
Advertising, directional or other outdoor
promotional display of art, words and/or
pictures.
Sky Glow
Temporary lighting
Third Party
Time Switch
Translucent
Unshielded
Luminaire
Uplight
Vertical
Illuminance
The brightening of the nighttime sky that
results from scattering and reflection of artificial light by moisture and dust particles in the
atmosphere. Skyglow is caused by light
directed or reflected upwards or sideways
and reduces one's ability to view the night sky.
Lighting installed and operated for periods not
to exceed 60 days, completely removed and
not operated again for at least 30 days.
A party contracted to provide lighting,
such as a utility company.
An automatic lighting control device that
switches lights according to time of day.
Allowing light to pass through, diffusing it so
that objects beyond cannot be seen clearly
(not transparent or clear).
A luminaire capable of emitting light in any
direction including downwards.
For an exterior luminaire, flux radiated in the
hemisphere at or above the horizontal plane.
Illuminance measured or calculated in a plane
perpendicular to the site boundary or property
line.
XI. OPTIONAL STREETLIGHT ORDINANCE - User’s Guide
This section was added since the first public review. It is designed to
work closely with the proposed revision to ANSI/IES RP-8 Standard
Practice for Roadway and Street Lighting.
XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text
Note to the adopting authority: the intent of this section is that it only
applies to streets and not to roadways or highways.
A. Preamble
Street and roadway lighting is one of the world's largest causes of
artificial skyglow. Many adopting agencies will recognize that the
MLO will make privately owned lighting more efficient and
environmentally responsible than their street lighting systems. But
because the process of designing street lighting often requires more
precise lighting calculations, applying the MLO directly to street
lighting is not advised. Using existing standards of street lighting is
recommended, particularly IES RP-8 and AASHTO standards.
Until a new recommended practice for street lighting can be
developed, this section can serve to prevent most of the uplight of
street lighting systems without setting specific requirements for the
amount of light, uniformity of light, or other performance factors.
Adopting agencies should include these basic improvements to
street lighting along with regulations to private lighting.
Lighting streets with “period” ornamental luminaires that evoke the
look of a time when the light source was a gas flame can cause glare
if high-lumen lamps are used. Such ornamental street lights should
not exceed a BUG rating of G1. If additional illuminance and/or
uniformity is desired, the ornamental fixtures should be supplemented by higher mounted fully shielded luminaires, as illustrated
in RP-33-99.
Few street lighting warranting processes exist. The adopting agency
needs to gauge whether a complex warranting systems is required,
or if a simple one using posted speeds, presence of pedestrians, or
other practical considerations is sufficient.
Examples of a current street lighting warranting system are included
in the Transportation Association of Canada's Guide for the Design
of Roadway Lighting 2006.
The purpose of this Ordinance is to control the light pollution of street
lighting, including all collectors, local streets, alleys, sidewalks and bikeways, as defined by ANSI/IES RP-8 Standard Practice for Roadway and
Street Lighting and in a manner consistent with the Model Lighting
Ordinance.
B. Definitions
Roadway or Highway lighting is defined as lighting provided for freeways,
expressways, limited access roadways, and roads on which pedestrians,
cyclists, and parked vehicles are generally not present. The primary purpose
of roadway or highway lighting is to help the motorist remain on the roadway
and help with the detection of obstacles within and beyond the range of the
vehicle's headlights.
Street lighting is defined as lighting provided for major, collector, and local
roads where pedestrians and cyclists are generally present. The primary
purpose of street lighting is to help the motorist identify obstacles, provide
adequate visibility of pedestrians and cyclists, and assist in visual search
tasks, both on and adjacent to the roadway.
Ornamental Street Lighting is defined as a luminaire intended for illuminating streets that serves a decorative function in addition to providing optics
that effectively deliver street lighting. It has a historical period appearance
or decorative appearance, and has the following design characteristics:
· designed to mount on a pole using an arm, pendant, or vertical tenon;
· opaque or translucent top and/or sides;
· an optical aperture that is either open or enclosed with a flat, sag or
drop lens;
· mounted in a fixed position; and
· with its photometric output measured using Type C photometry per
IESNA LM-75-01.
C. Scope
All street lighting not governed by regulations of federal, state or
other superceding jurisdiction.
EXCEPTION: lighting systems mounted less than 10.5 feet above street
level and having less than 1000 initial lumens each.
D. Master Lighting Plan
The Authority shall develop a Master Lighting Plan based on the
American Association of State Highway and Transportation Officials
(AASHTO) Roadway Lighting Design Guide GL-6, October 2005,
Chapter 2. Such plan shall include, but not be limited to, the Adoption
of Lighting Zones and:
1. Goals of street lighting in the jurisdiction by Lighting Zone
2. Assessment of the safety and security issues in the jurisdiction
by Lighting Zone
3. Environmentally judicious use of resources by Lighting Zone
4. Energy use and efficiency by Lighting Zone
5. Curfews to reduce or extinguish lighting when no longer
needed by Lighting Zone
E. Warranting
The Authority shall establish a warranting process to determine whether
lighting is required. Such warranting process shall not assume the need
for any lighting nor for continuous lighting unless conditions warrant
the need. Lighting shall only be installed where warranted.
F. Light Shielding and Distribution
All street lighting shall have no light emitted above 90 degrees.
Exception: Ornamental street lighting for specific districts or projects
shall be permitted by special permit only, and shall meet
the requirements of Table H below without the need for
external field-added modifications.
Table H - Uplight Control Requirements
for Ornamental Street Lights by Special Permit Only
Lighting Zone Maximum Uplight Rating
LZ-0
U-0
LZ-1
U-1
LZ-2
U-2
LZ-3
U-3
LZ-4
U-4
THE PROMISE AND CHALLENGES OF
LED LIGHTING: A PRACTICAL GUIDE
A PUBLICATION OF THE
INTERNATIONAL DARK-SKY ASSOCIATION
The light-emitting diode (LED) is transforming the way we light our cities and towns, offering a oncein-a-lifetime chance to radically improve how we use energy and our outdoor spaces at night. With this
opportunity comes an obligation to manage these changes responsibly and sustainably. The stakes are high
and the potential rewards great, but outcomes depend critically on policymakers and the public having access
to reliable information. IDA developed this document to provide planners, lighting designers and public officials an overview of the most important aspects of LED lighting and the choices and challenges involved in
its municipal implementation.
What is LED?
LEDs use solid-state technology to convert electricity into light. Put simply, LEDs are very small light bulbs
that fit into an electrical circuit. Unlike traditional incandescent bulbs, they don't have a filament that burns
out and they don't get very warm. Initially, LEDs only emitted red, yellow, or green light, but now white
LEDs are widely available. Early LEDs were also energy-inefficient and emitted little light, but due to technological advances LED efficiency and light output have doubled about every three years. Because of their
improved quality and falling prices, LEDs are now replacing conventional high-intensity discharge (HID)
lamp types for outdoor lighting in communities around the world.
Why Adopt This Technology?
The improved energy efficiency of LEDs means that, coupled with modern luminaire design, these lights
allow for reduced illuminance without compromising safety. LEDs help lower carbon emissions by reducing
the demand for electricity, which is still largely generated by burning fossil fuels. Another LED benefit is
better control over the color content of light. Manufacturers now produce LEDs with “warm” color qualities
at high energy efficiency, rendering old arguments about the perceived inefficiency of warm white LEDs
moot. These same LED options also provide accurate color rendition without emitting excessive amounts of
potentially harmful blue light (see below).
Relative to other outdoor lamps, LEDs are thought to be extremely long-lived. When switched on, LEDs are
instantly at full brightness, unlike HID lamps that have a significant time delay to begin emitting light. LEDs
also have very low minimum electricity thresholds to produce light, meaning they can be dimmed to much
lower illumination levels when less light is needed and resulting in further energy savings.
Blue Light Is Bad
New technical capabilities often come with unanticipated challenges. Most white LED lighting has significant levels of potentially hazardous blue light. IDA published a report1 in 2010 detailing the hazards of bluerich white light sources. In the years since, scientific evidence has solidified around its conclusions. In June
2016, the American Medical Association (AMA) publicly concluded2 that “white LED street lighting pat-
1
http://www.darksky.org/assets/documents/Reports/IDA-Blue-Rich-Light-White-Paper.pdf
American Medical Association Council on Science and Public Health Report 2-A-16: “Human and Environmental Effects of Light Emitting Diode (LED) Community Lighting”, 2016 (PDF: http://bit.ly/1UzSqVQ)
2
LED Handout
Rev 6/21/16
Page 1 of 3
terns [may] contribute to the risk of chronic disease in the populations of cities in which they have been installed.” The AMA recommends “minimizing and controlling blue-rich environmental lighting by using the
lowest emission of blue light possible” in order to reduce potential negative effects on human health.
Concerns about blue light reach far beyond our health. Outdoor lighting with strong blue content is likely to
worsen skyglow because it has a significantly larger geographic reach than lighting consisting of less blue.
According to the 2016 “World Atlas of Artificial Night Sky Brightness” street lighting and outdoor lighting
retrofits using 4000K lamps could result in a 2.5 increase in lighting pollution.3
Blue-rich white light sources are also known to increase glare and compromise human vision, especially in
the aging eye. These lights create potential road safety problems for motorists and pedestrians alike. In natural settings, blue light at night has been shown to adversely affect wildlife behavior and reproduction. This
particularly true in cities, which are often stopover points for migratory species.
The promise of cheaper outdoor lighting based on electricity and maintenance savings from LED conversion
should be weighed against other factors, such as the blue light content of white LEDs. Blue-rich sources are
the most efficient LEDs in terms of the conversion of electricity to light, and therefore have the lowest electricity cost to produce a given amount of light compared to “warmer,” less efficient white LED lamps. Every
effort should be made to diminish or eliminate blue light exposure after dark.
Product Selection Considerations
Choosing LED products for outdoor lighting applications involves a series of considerations and tradeoffs.
These include:
§ Luminous Efficiency (Watts-to-lumens): How many lumens of light are produced per input Watt of
electricity? More importantly, how many lumens from the light source are meeting the task (“Fixture
Lumens” vs. “Lamp Lumens”)
3
Falchi et al., Science Advances (10 Jun 2016) Vol. 2, no. 6, e1600377, http://advances.sciencemag.org/content/2/6/e1600377
LED Handout
Rev 6/21/16
Page 2 of 3
§ § § § § § Lumen Output: How much light is produced relative to the amount required for a particular task?
When replacing existing fixtures, it is important to use the only level of illumination needed, and not
to adopt unneeded increases in brightness.
Correlated Color Temperature (CCT): Does the light have a "warm" or "cool" quality?
Color Rendering Index (CRI): How accurately does the light render colors to the human eye? A
high CRI is not needed for all situations. The need for good color rendition should be considered relative to the lighting application in question.
Adaptive Control Integration: Does the lighting make use of adaptive controls such as dimmers,
timers, and/or motion sensors? These controls are the wave of the future in outdoor lighting and
achieve additional energy savings, improve light source efficacy and increase visual task performance. It is important to build in the ability to make use of adaptive controls during the adoption of
designs for new lighting installations, even if they will not immediately be implemented.
Heat Mitigation: Is the lamp housing designed to adequately dissipate heat? Because LED efficiency decreases with rising operating temperature, controlling heat emitted by LED lamps is critical in
warm climates.
Lumen Depreciation: How robust is the lamp against efficiency loss over time? Manufacturers typically quote “L70,” the expected use time until a bulb reaches 70% of its initial light output.
Closely related to all these factors is expense: How much will LED replacement solutions cost? The price of
commercial LED lighting products continues to drop, and capital cost recovery times for new LED street
light installations, once 10 years or more, are now typically less than five years and continue to decline. As
barriers to implementation fall, LED is gaining momentum as the lighting technology of choice in both new
outdoor installations and existing replace-on-failure installations.
IDA Recommends
Already many white LED options are available on the outdoor lighting market and that number will only rise
in the future. IDA has developed a set of recommendations for those choosing lighting systems. These suggestions will aid in the selection of lighting that is energy and cost efficient, yet ensures safety and security,
protects wildlife, and promotes the goal of dark night skies. These include:
§ § § § § § Always choose fully shielded fixtures that emit no light upward
Use “warm-white” or filtered LEDs (CCT < 3,000 K; S/P ratio < 1.2) to minimize blue emission
Look for products with adaptive controls like dimmers, timers, and motion sensors
Consider dimming or turning off the lights during overnight hours
Avoid the temptation to over-light because of the higher luminous efficiency of LEDs.
Only light the exact space and in the amount required for particular tasks
Learn more about outdoor lighting, blue light at night, and dark skies on the IDA website
at www.darksky.org.
LED Handout
Rev 6/21/16
Page 3 of 3

City of Tarpon Springs, Florida

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