ORDINANCE

AN ORDINANCE APPROVING THE AMENDMENT TO SECTIONS 9-1001 (PURPOSE AND INTENT) AND 9-1006 (GENERAL REQUIREMENTS FOR ALL ZONING DISTRICTS) REGARDING OUTDOOR RECREATIONAL LIGHTING

WHEREAS, Section 9-1000 of the Fauquier County Zoning Ordinance regulates outdoor light control; and

WHEREAS, outdoor recreational lighting is a specialized field; and

WHEREAS, outdoor recreational lighting plan approval would be mandatory; and

WHEREAS, this Zoning Ordinance text amendment would provide regulations to minimize skyglow, glare and light spillover onto surrounding streets and properties from outdoor recreational lighting; and

WHEREAS, the amendment still would provide for safe play; and

WHEREAS, the Fauquier County Planning Commission held a public hearing on March 28, 2002; and

WHEREAS, ON June 27, 2002, the Fauquier County Planning Commission voted to forward this revised amendment to the Board of Supervisors with a recommendation for approval; and

WHEREAS, the Fauquier County Board of Supervisors held a public hearing on August 19, 2002; and

WHEREAS, the Fauquier County Board of Supervisors believes these amendments will be in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 19th day of August 2002, That Sections 9-1001 and 9-1006 be amended regarding the purpose and intent for outdoor lighting control and outdoor recreational lighting.  The sections will be amended to read as follows:

            Section 9-1001            Purpose and Intent

The purposes of this section is to regulate the placement, orientation, distribution and fixture type and size of outdoor lighting.  The intent of this section is to encourage lighting that provides safety, utility and security, as well as preventing glare on public roadways and to protect adjoining properties the outdoor lighting regulations are to protect dark skies, the general welfare by controlling the spillover of light onto adjacent properties, and the public safety by preventing glare from outdoor luminares, and to limit the intensity of light on certain adjacent areas, roadways and properties as provided herein.

Section 9-1006 General Requirements for all Zoning Districts,

1.     Public or Private Recreational Facilities.  Outdoor nighttime recreational events have unique and site specific lighting needs.  The regulations in this section are intended to permit adequate illumination for such events, while minimizing skyglow, reducing glare and lighting spillover onto surrounding streets and properties.

a.    Primary Playing Areas with the exception of residential accessory uses. 

(1.)            Where playing fields or other recreational areas are to be illuminated, lighting fixtures shall be specified, in the Lighting Plan, mounted and aimed so that the illumination falls within the primary playing area and immediate surroundings so that no direct light illumination is directed off site mounted, and aimed so that their beams fall within the primary playing area and within the recreational lighting specifications for safe play for the planned athletic field events.  Direct illumination shall be confined to within the property lines of the recreational use. Full light cutoff shall be required.  No poles and fixtures shall be placed closer than 50 feet from adjoining property lines.

(2.)             A sports complex or athletic field lighting design plan shall be submitted, which demonstrates in detail the proposed lighting installation. 

b.  Recreation Parking Areas.  Lighting for these parking areas shall meet the requirements identified in 9-1006.5.

b.  For each athletic field or complex to be illuminated, a lighting design plan shall be submitted which demonstrates in detail the property lighting installation.  The design plan shall include the lighting requirements for each sports field, the specifications and technical measures showing how those requirements will be achieved.  Special tree planting and/or buffering to assist in light control and protection of adjacent properties and roadways shall be included.  Parking lot lighting requirements are included in Section 9-1006, 5., and entitled All Parking Lots, Loading and Display Areas.

c.   Outdoor recreational lighting is not permitted in the Rural Conservation (RC) Zoning Districts, or within 1,000 feet from the Rural Conservation (RC) zoning line.

d.  All applications for lighted outdoor recreational facilities shall include a computer generated light level grid in conjunction with a site plan for the proposed field and associated facilities.

e.   Event Hours.  All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court or track be permitted after 10:30 p.m. except to conclude an event that was reasonably scheduled to conclude prior to 10:30 p.m.  No event shall be permitted after 11:00 p.m. 

All newly lighted fields, or existing fields being upgraded or refitted, (public or private) shall be equipped with override timing devices which will automatically cut off the lights to ensure curfew compliance. 

f.  A modification, waiver or variation from the standards set forth in this article may be granted by the Board of Supervisors, with Planning Commission recommendation. Both the Board of Supervisors and the Planning Commission shall hold a public hearing on the proposed modification, waiver or variation.

     The Board of Supervisors may modify or waive any standard set forth in Article 9 for an individual case, and it may impose conditions on such a modification or waiver which it deems appropriate to further the purposes of these outdoor recreational lighting regulations, in either of the following circumstances:

(1)          Upon finding the strict application of the standard would not forward the purposes of this chapter, or that alternatives proposed by the applicant would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree.

(2)    Upon finding that any outdoor fixture, or system of outdoor fixtures, required for an athletic field cannot reasonably comply with the standard and provide safe and sufficient illumination of the field, as determined by the recommended practices adopted by the Illuminating Engineering Society of North  America for that type of field or activity.

g.  Required Notice for Public Hearing, Written Notice to Applicant/Owners and Written Notice to Adjacent Property Owners shall be in accord with Section 13-111 4. Of the Zoning Ordinance for all requests to modify, waive or vary the light requirements as set forth in this section.