Nags Head



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Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016

Department Nags Head, North Carolina 27959 FAX 252-441-4290



MEMORANDUM

TO: Board of Commissioners

FROM: Planning and Development Staff

DATE: November 21, 2002

SUBJECT: Request for PUBLIC HEARING to consider proposed amendment of Section 22-255 Outdoor Lighting

Albemarle Engineering is proposing an amendment to add drive-in restaurant canopies to the Specific Lighting Application Standards section of the Outdoor Lighting Ordinance. The proposal is to apply the same standards that currently exist for automobile service stations and banking facilities to drive-in restaurant canopies. It is the applicant’s opinion that similar tasks such as reading and exchanging money require similar light levels.

The Town’s current standards for canopies require light fixtures only under the canopy and they must be fully recessed or cut-off type fixtures. The Town’s maximum illumination level is fifteen (15) foot-candles. The minimum illumination level is two (2) foot-candles.

Staff is proposing an amendment that establishes a lower maximum level of illumination, ten (10) maximum maintained foot-candles, for drive-in restaurant canopies. This figure is based on an IES recommended lighting level for indoor restaurant seating areas. Application engineers for Ruud Lighting recommended an interior lighting level of ten (10) averaged foot-candles for Happy Days Restaurant. National chain fast food restaurants recognize eight (8) averaged foot-candles as a very good level for site lighting levels including takeout window areas.

In addition to the above, the frequent motor vehicle/pedestrian conflicts that exist at gas pump islands of automobile service stations do not exist at restaurant canopy service areas. Handling petroleum products safely at a service station is a genuine concern that does not exist at drive-in restaurants. The security concerns involving nighttime banking at outdoor banking facilities are different and much greater than drive–in restaurants. The organization that creates national lighting standards, Illumination Engineering Society (IES) has no recommendation specific to drive-in restaurant canopies.

Please find attached the two proposals, one from the applicant and one from staff. The applicant requests a maximum of fifteen (15) foot-candles and staff recommends a maximum of ten (10) foot-candles.

Staff Recommendation:

For the reasons listed above staff recommends that the proposal be approved with a lesser lighting level of ten (10) foot-candles as opposed to the fifteen (15) foot-candles requested by the applicant.

Planning Board Recommendation:

The Planning Board voted four-to-two to support Staff’s proposed amendment. The two dissenting members felt that a higher lighting level might be more beneficial for exchanging money and for security.

KJA

DRAFT #1; 11/14/2002; Applicant

AN ORDINANCE AMENDING THE CODE OF ORDINANCES

OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I. That Section 22-255 Outdoor Lighting (h) (2) be amended to read as follows:

2) Canopy Lighting. Open canopies located over automobile service station gas pumps, and drive-through banking facilities, and drive-in restaurants shall comply with the following standards:

a. Only the area directly below canopies may be illuminated such that illumination levels shall not exceed fifteen (15) maximum maintained foot-candles and shall not be less than two (2) minimum maintained foot-candles.

b. Light fixtures shall be mounted only under the canopy and shall be either recessed, or cut-off fixtures.

c. Light fixtures shall not be located elsewhere on the canopy and the sides of the canopy shall not be internally or externally illuminated.

d. Parking spaces not located directly beneath the canopy shall be illuminated in accordance with the requirements for parking areas.

PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART III This ordinance shall be in full force and effect from and after the ____ day of _____________, 2003.

Robert W. Muller, Mayor

ATTEST:

Town Clerk

APPROVED AS TO FORM:

Town Attorney

Date adopted:

Motion to adopt by Commissioner

Motion seconded by Commissioner

Vote: AYES NAYS

DRAFT #1; 11/14/2002; Staff

AN ORDINANCE AMENDING THE CODE OF ORDINANCES

OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I. That Section 22-255 Outdoor Lighting (h) (2) be amended to read as follows:

2) Canopy Lighting. Open canopies located over automobile service station gas pumps, and drive-through banking facilities, and drive-in restaurants shall comply with the following standards:

a. Only the area directly below canopies may be illuminated such that illumination levels shall not exceed fifteen (15) maximum maintained foot-candles and shall not be less than two (2) minimum maintained foot-candles for automobile service stations and banking facilities. The area directly below drive-in restaurant canopies shall not exceed ten (10) maximum maintained foot-candles and shall not be less than two (2) minimum maintained foot-candles.

b. Light fixtures shall be mounted only under the canopy and shall be either recessed, or cut-off fixtures.

c. Light fixtures shall not be located elsewhere on the canopy and the sides of the canopy shall not be internally or externally illuminated.

d. Parking spaces not located directly beneath the canopy shall be illuminated in accordance with the requirements for parking areas.

PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART III This ordinance shall be in full force and effect from and after the ____ day of _____________, 2003.

Robert W. Muller, Mayor

ATTEST:

Town Clerk

APPROVED AS TO FORM:

Town Attorney

Date adopted:

Motion to adopt by Commissioner

Motion seconded by Commissioner

Vote: AYES NAYS

Attachment: Application

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