This instrument prepared by:

Richard W. Wells, AICP

Community Development Director

95 Triplet Lake Drive

Casselberry, FL 32707

ORDINANCE 02-1046

AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SELECTED SECTIONS OF THE CITY CODE OF ORDINANCES, PART III, UNIFIED LAND DEVELOPMENT REGULATIONS; REPEALING SUBSECTION 6, EXTERIOR LIGHTING, OF SECTION 3-10.2, APPEARANCE OF SITE AND STRUCTURES, OF ARTICLE X, APPEARANCE, DESIGN, AND COMPATIBILITY, OF CHAPTER III, PERFORMANCE CRITERIA, IN ITS ENTIRETY AND SUBSTITUTING NEW SUBSECTION 6 TO BE KNOWN AS THE "EXTERIOR LIGHTING ORDINANCE"; TO ESTABLISH REGULATIONS AND GUIDELINES FOR EXTERIOR LIGHTING, AND PROVIDING FOR GENERAL PROVISIONS, DEFINITIONS, CRITERIA, NOTIFICATION, AND PENALTIES; AMENDING SUBSECTION D, GLARE AND LIGHTING STANDARDS, OF SECTION 3-17.4, SPECIFIC STANDARDS FOR NUISANCE ABATEMENT, OF ARTICLE XVII, NUISANCE ABATEMENT, OF CHAPTER III, PERFORMANCE CRITERIA TO REFERENCE NEW LIGHTING STANDARDS; AMENDING SUBSECTION B.2.C(ii), PROPOSED, OF SECTION 4-18.3, INFORMATION TO BE INCLUDED IN SITE PLAN, OF ARTICLE XVIII, SITE PLAN REVIEW, OF CHAPTER IV, SPECIFIC DEVELOPMENT PROCEDURES, TO REFERENCE PHOTOMETRIC PLAN GUIDELINES; AMENDING SUBSECTION V (20), STREET LIGHTING, OF SECTION 4-19.2, REQUIRED IMPROVEMENTS AND DESIGN CRITERIA, OF ARTICLE XIX, SUBDIVISION, OF CHAPTER IV, SPECIFIC DEVELOPMENT PROCEDURES, TO REFERENCE PHOTOMETRIC GUIDELINES AND LIGHT POLE LOCATION; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS AND EFFECTIVE DATE.

WHEREAS, unnecessary and improperly designed light fixtures cause glare, light pollution, over-lighting of business sites, and wasted resources; and,

WHEREAS, glare and light pollution can result in: hazardous vehicular circulation conditions for all modes of transportation; light trespass; unattractive townscape; and the diminished ability to view the night sky, and

WHEREAS, the City of Casselberry desires to protect the health, safety, and welfare of the residents, motorists and the general public, and to protect the night sky, which adds to the quality of life and economic well being of the City; and,

WHEREAS, regulations for exterior lighting will result in safer, efficient and more cost-effective lighting;

WHEREAS, this ordinance is compatible with Article X, Appearance, Design and Compatibility, of the City of Casselberry's Unified Land Development Regulations, and the Community Redevelopment Area Design Guidelines, and Seminola Blvd. Small Area Study, Phase I and II;

WHEREAS, this ordinance is based upon accepted industry standards found in the Illumination Engineering Society of North America (IESNA) Lighting Handbook, 2000 ed.

WHEREAS, the site plan review and subdivision sections need to be amended to reference the requirement for filing photometric plans, and

WHEREAS, words with underlined type shall constitute additions to the original text and strike through shall constitute deletions to the original text.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA:

SECTION 1.      Subsection 6, Exterior Lighting of Section 3-10.2, Appearance of site and structures, of Article X, Appearance, Design, and Compatibility of Chapter III, is hereby deleted in its entirety and replaced with the following:

6.         EXTERIOR LIGHTING

A. - GENERAL PROVISIONS

1. TITLE - This Ordinance together with the amendments thereto, shall be known and may be cited as the Casselberry Exterior Lighting Ordinance.

2. PURPOSES - The general purpose of this Ordinance is to protect and promote the public health, safety and welfare, and quality of life of Casselberry residents, by establishing regulations and a process of review for exterior lighting. This Ordinance establishes standards for exterior lighting in order to accomplish the following:

a. To protect against direct glare and excessive lighting;

b. To eliminate the increase of lighting levels on competing sites;

c. To provide safe roadways for motorists, cyclists and pedestrians;

d. To protect and reclaim the ability to view the night sky, and thereby help preserve the quality of life;

e. To prevent light trespass in all areas of the City;

f. To promote efficient and cost effective lighting;

g. To ensure that sufficient lighting can be provided where needed to promote safety and security;

h. To provide lighting guidelines;

i. To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this Ordinance; and

j. To conserve valuable natural resources.

3. COMPLIANCE - All exterior lighting installed after the effective date of this Ordinance shall be in conformance with the requirements established by this Ordinance and any other applicable ordinances. All existing lighting installed prior to the effective date of this Ordinance shall be subject to the following provisions:

a. Application of this ordinance. If a property owner or agent for the owner on the date this Ordinance takes effect, has applied for a City of Casselberry Community Development Department Site Plan Review, Conditional Use Review, or Subdivision, except single family homes and duplexes, then all existing lighting on the property must be brought into conformance with this Ordinance.

b. Amortization. All existing exterior lighting that is not in conformance with this Ordinance shall be brought into conformance with this Ordinance within five (5) years from the date of adoption of this Ordinance, by April, 2007.

c. Conflicts. All those required to submit a photometric plan as required by Section 6.C.1, shall comply with the following statutes in effect when this ordinance was adopted. Lighting may vary from this ordinance to the extent necessary to comply with:

(1)              Section 655.92, FS., related to ATM lighting,

(2)               Section 812.173 FS., related to parking lots for convenience businesses,

(3)              Lighting on schools required by Chapter 235, Florida Statutes;

(4)              Airport lighting required by Chapter 332 of Fla. Stat. and Federal Law;

(5)              Lights required on vehicles under State Uniform Traffic Control Statutes or for vessels under Vessel Safety Statutes under Chapters 316 and 327, F.S.;

(6)              Lighting for public health required by F.S. §381.0072, and §381.0086;

(7)              Electrical Code Statute requirements under State Building Code;

(8)              F.S. §553.963 and §553.904, Efficiency and Energy Conservation statutes, under Building Code Standards;

(9)               Lighting for outdoor theaters under Fla. Stat. § 555.07;

(10)           Lighting for financial institutions under Chapter 655, Fla. Stat.; and

(11)     Other State and Federal laws and regulations that may apply and preempt this ordinance.

d. In case of a conflict between the ordinance and any other provision of the Unified Land Development Regulations, the more restrictive requirement shall apply.

B. DEFINITIONS.  Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Code its most reasonable application.

Average Lighting - The sum of the calculated illuminance points on the photometric plan divided by the total number of calculated illuminance points within the site boundary. Sub-area averages, such as canopies, air/water, telephone, vacuum, ATM, and the like, shall only include points within that sub-area. Illuminance levels shall be computed over developed portions of each site only, and shall not include enclosed building pad areas or retention areas lying outside required landscape buffers. Time-averaged or other alternative methods of computing illuminance levels shall not be permitted.

Back-Lighting - The illumination of an awning, canopy or building roof, fascia, facade or similar area by any type of lighting source from behind the fascia, facade or roof in order to be seen through those structures.

Bulb - The source of electric light. To be distinguished from the whole assembly (See luminaire).

Canopy - Any raised, protective cover such as, but not limited to, awnings, marquees, overhangs, porte cochere, and drive-thru's.

Existing lighting - Any and all lighting installed prior to the effective date of this Ordinance.

Exterior lighting - Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside or act to draw attention are considered exterior lighting for purposes of this Ordinance.

Eyebrow Lighting - Fixtures that downlight the entire or partial perimeter of canopies and/or buildings. This term does not include wall packs.

Fixture - The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

Foot-candle - Illuminance produced on a surface one foot from a uniform point source of one candela. Measured by a calibrated light meter.

Full Cut-Off Fixtures - Fixtures, as installed, that are designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted (See Figure 1).

Glare - Intense light that results in discomfort and/or a reduction of visual performance and visibility.

Illuminance - Density of luminous flux incident on a surface. Unit is foot-candle.

Lamp - The source of electric light: the bulb and its housing. To be distinguished from the whole assembly (See Luminaire).

Light Loss Factor (LLF) - A percentage amount applied to the actual anticipated foot-candle levels of a fixture, which reduces the calculated light level output on the photometric plan to account for lower light level output from a fixture due to the age of the bulb, and dirt that occurs over time.

Light Pollution - Any adverse effect of manmade light including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, night blindness, or any manmade light that diminishes the ability to view the night sky.

Light Trespass - Light falling where it is not wanted or needed, generally caused by a light on a property that shines onto the property of others.

Lighting - Any or all parts of a luminaire that function to produce light.

Lighting, Animated - Flashing or moving lights that otherwise change at intervals more frequently than once each six seconds.

Lighting Subject to this Ordinance - All uses within non-residential zoning districts (OR, CL, CG, CS, I, PS), multi-family, subdivisions, and mobile home park districts and all non-residential uses within PRD, PMX-L and PMX-H. Streets in residential subdivisions shall be subject to this ordinance as set forth in Section 6.C.2.e.2.

Luminaire - The complete lighting unit, including the lamp, the fixture, and other parts.

Non-Essential - Lighting that is not necessary for an intended purpose, such as site safety.

Recessed - A lamp built into a horizontal fixture or portion of a fixture, so that the lamp is fully cut-off and no part of the lamp extends or protrudes beyond the underside of a fixture or portion of a fixture (See Figure 2).

Shielded, Fully - Constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is not projected above 65 degrees of a vertical line running through the fixture to the ground (See Figure 1).

Shielded, Partially - Shielded in such a manner that more than zero but less than ten percent of the light emitted directly from the lamp or indirectly from any part of the fixture is projected between 65 degrees and the horizontal plane of the fixture (See Figure 1).

Special District(s) - Areas within the City of Casselberry that are individually demarcated through special studies or government regulations and that contain design criteria or standards specific to that area. Examples within the City include the Seminola Blvd. Small Area Study, Phases I and II, and the Community Redevelopment Area.

Sports Complex - As used within this ordinance, "sports complex" shall include, but shall not be limited to, public and private ballfields and stadiums, golf driving ranges, and other venues that require greater lighting heights to effectively illuminate an area for sport or related activities.

Street Lighting - Poles and luminaries used to illuminate any road or street, public or private, of various classifications, parking and vehicular use areas, and pathways and walkways.

Streets and Roadways. Streets and roadways are classified in the City of Casselberry Comprehensive Policy Plan Transportation Element.

Uplighting - Lighting that is directed in such a manner as to shine light rays above the horizontal plane (See Figure 1).

C. CRITERIA

1. PHOTOMETRIC PLAN.

a. All applications for site plan review, conditional use, or subdivisions, except applications for duplexes and single family homes shall include lighting plans showing location, type, and height of all fixtures and poles, and photometrics in foot-candle output of all proposed and existing fixtures on-site and within fifty (50) feet of the site. On-site lighting to be included in the calculations shall include, but is not limited to, lighting for parking lot, canopies, eyebrow lighting, recessed lighting along the building front and/or overhang, and interior building light. Rejection or acceptance of the photometric plan shall be based on this Code. The plan shall include any calculations or modifications required to comply with the Florida Statutes listed in Section 6.A.3 of this Code.

b. The photometric plan shall include a table showing the average, minimum, and maximum foot-candles on the site, and the calculations deriving the averages. In addition, a fixture detail shall be submitted including pictures of each fixture, and proposed wattage per fixture. The photometric plan shall not include time averaging or other alternative methods of measurement. The use of a Light Loss Factor (LLF) shall be prohibited, except that the bulb manufacturer's specifications noted for the particular bulb may be factored into the calculation in a photometric plan, if the specifications are supplied by the applicant and the specifications show all light loss will occur within 90 days from the date the light is installed.

2. EXTERIOR LIGHTING. Street lighting shall be installed on all internal and perimeter streets, within parking and vehicular use areas, and along pedestrian walkways in accordance with the sections of this code, Section 4-19.2.V.20, ULDR, and the CRA Design Guidelines. All lighting shall comply with the requirements of the City's adopted electrical code.

a. Glare

1. All lighting including, but not limited to, parking and building lighting, shall be focused, directed, and arranged so as to avoid producing glare and/or becoming a nuisance, or a traffic or safety hazard.

2. Shielding, either partially or fully, may be required for any light source as necessary to eliminate glare.

3. Site lighting using spot or floodlight fixtures mounted on building walls, roofs, or poles shall be shielded, either fully or partially, and angled downward, so that no light escapes above a 65-degree angle measured from a vertical line from the center of the light extended to the ground, and the light shall not cause glare or light trespass (See Figure 1).

4. Fixtures with motion detectors, photocells, or timers that allow a floodlight to turn on at dusk and turn off by 11:00 PM shall be used whenever possible.

5. Sensor-activated lights shall have a 10-minute time limit and shall be located in such a manner as to prevent direct glare, light trespass and uplighting.

b. Luminaire:

1. The light source (bulb) for any exterior lighting, whether for externally lit signs, entrance doors, street lights, or service or drop-off areas, shall not be visible from public view, regardless of mounting height. See examples in Figure 3. Bulbs shall be recessed into the fixture and the lens shall be flat and frosted.

2. All fixtures, except wall mount fixtures, must be horizontal, and full cut-off type fixtures. Wall mount fixtures shall be full cut-off and fully shielded to prevent glare

3. Fixtures under canopies shall be recessed or the sides of the fixture box shall be opaque.

4. All specialty light fixtures shall be horizontal, full cut-off fixtures with recessed bulbs and flat lenses.

5. Globe type lights that are allowed in Special Districts shall have stacked reflectors directing light downwards.

c. Illuminance: Table 1 is provided as a general synopsis of the illumination level requirements provided in the text. In the event of a conflict between the table and the text, the text controls.

Table 1: Illuminance Levels

1. Parking Lots. Lighting for commercial, industrial, office and multi-family parking lots shall meet the following additional criteria:

a. The maximum illuminance shall be 5 foot-candles with an average of 2.5 foot-candles.

b. Illuminance shall be 0.5 foot-candles at the property boundary. Approach and driveway lighting may be 1.5 foot-candles. This illuminance must be reduced to 0.5 foot-candles within 10 feet of the approach or driveway along the property line.

2. Canopy:

a. Under-lighting of all canopies shall be no more than a maximum illuminance of 50 foot-candles with an average illuminance of 30 foot-candles.

b. No part of a canopy shall be back-lighted. Canopy fascias may be down-lighted with a shielded light source (eyebrow lighting). This lighting must be included in the photometric plan calculations.

3. Property Boundaries. The maximum illuminance at any property boundary shall be 0.5 foot-candles. Driveway approaches may exceed this limit with a maximum illuminance of 1.5 foot-candles. This level shall be reduced to 0.5 foot-candles within 10 feet of the driveway approach.

4. Accessory Uses. Lighting levels shall be 3.0 foot-candles, and shall be reduced to the required illuminance within 15 ft. of the defined location as provided in Table 1, Illuminance Levels.

5. Specialty Lighting. Illuminance levels for recreational specialty lighting are based upon the IESNA classification of Class IV facility, social and recreational play. Vehicle display lots are based upon car dealership uses for the front row along the primary roadway in the IESNA Handbook. Illumination levels for the remainder of the vehicle display lot shall conform to parking lot and property boundary illumination levels. Front row vehicle display lighting shall conform to the boundary illumination levels.

d. Height

1. Fixture Heights. Table 2 provides the fixture height requirements by location. In the event of a conflict between the table and text, the text controls.

Table 2: Fixture Height

2. Parking Lots and Vehicular Use Areas - Lighting for parking lots and vehicular areas shall not exceed twenty feet (20') in height measured from the closest onsite paved surface, not including sidewalks or curbs, to the top of the luminaire.

3. Specialty Lighting: Fixtures heights may exceed the maximum 20 ft. height upon variance approval by the Board of Zoning Adjustment, as provided in ULDR Section 1-2.7.

e. Light Pole Locations and Separations

1. New Development

a. Light poles shall be placed on interior portions of the site. Placement on property boundaries shall be prohibited except as noted in subsection 2 and 3.

b. Light poles may be allowed on property boundaries for driveway approaches, parking spaces located along the perimeter of the site, or for approved accessory uses located along the perimeter of the site. Poles shall be located at least three and a half feet (3.5') from the back of the curb in a landscape area. Poles shall not be located within sidewalks or pedestrian walkways.

c. Street and roadway light pole locations shall not be allowed within any sidewalk. Spacing shall be as follows:

1. Arterial - a minimum 3.5 ft. from the back of the curb at an opposite formation with a spacing of 100 - 120 ft. on center

2. Collector - staggered formation with a spacing of 130 - 150 ft. on center

3. Local - staggered formation with a spacing of 150 ft. on center.

d. Paragraph (1) applies to new development only.

2. Existing development - Light pole separations and pole height requirements shall not apply to existing light poles. However, illuminance and fixture requirements shall apply. The location requirements shall be applied for existing light poles located within sidewalks and other locations where threats to public safety exist.

3. Landscaping - Light pole locations shall take into account tree and other landscaping locations as indicated on the landscaping plan.

3. SPECIAL DISTRICTS: Lighting for all land uses within Special Districts shall follow the design guidelines approved by those Districts. Approved District criteria shall supercede all other lighting standards within this Article. In the absence of special design criteria, the criteria in this Article shall apply.

4 PROHIBITED LIGHTS

a. Search lights.

b. Animated lights.

D. VIOLATIONS, LEGAL ACTIONS AND PENALTIES. A violation of this Ordinance, or any provision thereof, shall be punishable according to Section 1-1.11 of the City of Casselberry's Unified Land Development Code.

SECTION 2.      Subsection D, Glare and Lighting standards of Section 3-17.4, Specific standards for nuisance abatement, of Article XVII, Nuisance Abatement, is hereby amended as follows:

D. Glare and lighting standards: Any lighting elements or structural materials installed on the site shall be prevented from casting or reflecting glare or light beyond the boundaries of the site as provided in Section 3-10.2.6. , unless their location precludes any hazard or nuisance arising as a consequence of such glare or light. Locations requiring some means of preventing the transmission of glare or light beyond the site's boundaries are established according to the relationship between (a) required minimum elevation of the lighting element or structural material above the final grade established along the nearest site boundary, and (b) distance of the lighting element or structural material from the nearest site boundary. As set forth in the following table, elements or materials below the minimum elevation required of each distance shall be shielded or otherwise screened to prevent transmission of light or glare beyond the site.

SECTION 3. Subsection B.2.c(ii), Proposed, of Section 4-18.3, Information to be included in site plan, of Article XVIII, Site Plan Review of Chapter IV, Specific Development Procedures, is hereby amended as follows:

ii. Proposed. State the location, size, character, color, height, foot-candle levels and design of all proposed site amenities (i.e., signs, lighting fixtures, photometrics, water features, etc.) in the form of working drawings and/or photographs. The applicant shall provide a photometric plan that meets the requirements of Section 3-10.2.6, Exterior Lighting.

SECTION 4. Subsection V (20), Street Lighting, of Section 4-19.2, Required Improvements and Design Criteria, of Article XIX, Subdivision, is hereby amended as follows:

20. Street Lighting. The applicant shall install and be responsible for all costs associated with the installation of streetlights in accordance with this Article and the streetlights, poles, fixed equipment, and any and all fixtures and equipment germane to the subdivision development will be installed at no cost to the City. In addition, the applicant is required pursuant to Resolution No. 562 to pay a light pole and fixture fee simultaneously with the issuance of the initial building permit germane to any residential or nonresidential construction within the development.

The applicant shall provide a photometric plan including light pole locations that meet the criteria established in Section 3-10.2.6, Exterior Lighting. Streetlights shall be installed at each street intersection, at mid-block locations where the distance between intersections exceeds 900 feet, and at the end of each cul-de-sac. Street Such lights shall be required on interior streets and may be required on alleys, boundary streets, and access paths if the City Commission finds that the anticipated frequency of usage makes such requirement reasonable for public safety and welfare. Wherever, in the opinion of the City Engineer, a dangerous condition is created by sharp curves or irregularities in street alignment, additional lights shall be required.

The streetlights and mounting poles shall be a type approved by the City Engineer and Streets and roadways requiring street lighting and poles shall be wired for underground service except where overhead service is permitted.

SECTION 5 - SEVERABILITY.  If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance.

SECTION 6 - CODIFICATION.   It is the intention of the City Commission of the City of Casselberry, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinance of the City of Casselberry, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; that the word, “Ordinance” may be changed to “Section,” “Article,” or other appropriate word.

SECTION 7 - CONFLICTS.  All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

SECTION 8 - EFFECTIVE DATE.   This Ordinance shall become effective ten (10) days after its passage and adoption.

FIRST READING this 25 day of March, A.D. 2002.

SECOND READING AND ADOPTION this 13 day of May, A.D. 2002.

ATTEST:

________________________________                            ___________________________________

Thelma McPherson, City Clerk                                       Bruce A. Pronovost, Mayor/Commissioner