WHEREAS, the Nashville Town Council is aware that businesses may desire to use various forms and types of lights to attract the attention of passer byers to said business and that residents may wish to install or maintain lights to provide a sense of security; and

WHEREAS, the Nashville Town Council is aware that Nashville has been recognized nationally as a unique place to shop and dine in that it contains over three hundred craft and specialty shops and that until 1999, the town has maintained a quaint appearance without billboard, neon, flood and other types of lighting that is found in other famous resort areas; and

WHEREAS, the Nashville Town Council has conducted an extensive review of the unique historic, rustic and quaint attributes of the Town of Nashville as well as its architectural styles and general building design and have concluded that the improper use of exterior lighting by businesses or home owners detracts from these attributes and the natural environment of Brown County; and

WHEREAS, the Nashville Town Council has considered that such lighting creates glare, visual clutter and urban sky glow which can distract the attention of drivers of motor vehicles and thereby pose a significant risk for public safety; and

WHEREAS, the Nashville Town Council has received input from the public at large in duly noticed open meetings, and has considered and discussed the pros and cons of such regulation.

NOW THEREFORE, the Town Council of the Town of Nashville does ordain as follows;

Fixture - the assembly that holds the lamp (bulb) 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.

Full-cutoff (fco) - a light fixture which cuts off all upward transmission of light.

Fully shielded -- a fixture with housing or attachment thereto which prevents a line of sight to the bulb when viewed from another property and which prevents a line of sight to any part of the light source at or above a horizontal plane running through the lowest portion of the fixture.

IESNA - Illuminating Engineering Society of North America.

Lumens - measure of brightness of the illumination exiting a bulb.

Spotlight - a luminaire or bulb which projects light in a specific direction in a narrow beam, typically 45 degrees or less.

Flood light - a luminaire or bulb which projects light in a specific direction in a wide beam, typically 100 degrees or more.

Glare - discomfort experienced by an observer with a direct line of sight to a light source which often results in annoyance, discomfort or loss of visual performance causing visual impairment.

Horizontal (or vertical) foot-candles - the amount of light striking a vertical or horizontal plane.

Light source - the bulb and lens, diffuser, or reflective enclosure.

Light trespass - light projected onto a property from a fixture not located on that property.

It is unlawful for any person, firm or corporation to install, erect or maintain any floodlight, searchlight, security light or other form or type of light source within the limits of the Town of Nashville in such a manner that the light rays from such floodlight, searchlight, security light or other light source fail to conform with the terms and conditions of this Ordinance. Further, it is unlawful for any person, firm or corporation to install, erect, or maintain any floodlight, searchlight, security light or other form or type of light source within the limits of the Town of Nashville in such manner that the light there from may distract the attention of any vehicle driver from the operation of a vehicle in a safe and prudent manner.

On all properties except those zoned R1 and R2 the installation or replacement of any outdoor lighting fixtures shall require approval. Approval may not be issued unless the proposed installation is found by the Nashville Town Council to conform to all applicable provisions of this section.

However, all properties within the Town of Nashville must comply with the terms of this Ordinance.

The maximum illumination at five feet inside an adjoining residential parcel or public right-of-way or beyond, from an artificial light is 0.05 horizontal footcandles and 0.05 vertical footcandles. Said illumination likewise measured inside an adjoining commercial or industrial parcel or on a public roadway, or beyond, shall not exceed 0.1 horizontal footcandles or 0.1 vertical footcandles. No line of sight to a glaring light source is permitted from 5 feet or more inside a residential or public right-of-way property line by an observer viewing from a position that is level with or higher than the ground below the fixture. Compliance is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these factors.

The bulbs in outdoor light fixtures emitting from 600 to 1200 lumens shall be frosted glass or covered by frosted glass or other similarly translucent cover. An outdoor fixture emitting more than 1200 lumens except motion detector activated lighting, shall be full cutoff and fully shielded to an observer at the property line. This can be achieved with fixture location, mounting height, natural or artificial barriers on the fixture owner's property, fixture shielding, and other fixture design features.

A spotlight of less than 1800 lumens need not be full cutoff or covered by a translucent cover if its center beam is aimed at a point not beyond any property lines and no higher than forty five degree below horizontal, and is motion detector activated and cycles off after five minutes.

Generally, luminaires should not be located closer to the property line than a distance equal to three times the fixture's mounting height above grade at the property line.

The use of search lights, laser lighting, or lights that pulse, flash, rotate or simulate motion for advertising or promotions is prohibited.

Emergency lighting and traffic control lighting is exempt.

Tower lighting shall not be permitted unless required by the FAA. Required lighting shall be of the lowest allowed intensity and red unless specifically forbidden under FAA requirements.

At the close of business, all lighting shall be reduced to a level not greater than those described in the section titled Parking Lot Lighting.

With the exception of structures having exceptional symbolic significance such as churches and/or public buildings or historic significance in the community. Exterior buildings and other vertical structures shall not be illuminated. When buildings and other structures having symbolic or historic significance are to be illuminated, the design for the illumination must be approved by the Town Council.

Buildings and other vertical structures:

Landscaping:

Externally Illuminated Signs:

Parking Lot Lighting:

Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.

Lighting of Exterior Display/Sales Areas:

Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the business. Signs allowed under local Ordinance are to be used for the purpose. The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas. This designation must be approved by the Town Council.

Lighting of Walkways/Bikeways and Parks:

Where special lighting is to be provided for walkways, bikeways, or parks, the following requirements shall apply.

Lighting of Gasoline Station/Convenience Store Aprons and Canopies:

Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the business. Signs allowed under local Ordinance are to be used for the purpose.

Lighting of Outdoor Facilities:

Outdoor nighttime facilities (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the activity. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.

Outdoor lighting installations involving the installation or replacement of two or fewer lighting fixtures may be approved by the Town Manager, provided that no single lamp exceeds 150 watts, and that the total wattage of all bulbs in all fixtures does not exceed 300 watts. All other installations must be approved by the Town Council.

The applicant shall submit to the Town sufficient information, in the form of an overall exterior lighting plan, to enable the Town to determine that the applicable provisions will be satisfied. The lighting plan shall include at least the following items:

Wherever practicable, lighting installations shall include timers, dimmers, and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.

When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation shall be subject to the requirements of this Ordinance.

Expansions, additions, or replacements to outdoor lighting installations shall be designed to avoid harsh contrasts in color and/or lighting levels.

Electrical service to outdoor lighting fixtures shall be underground unless the fixtures are mounted directly on utility poles.

Proposed lighting installations that are not covered by the special provisions in this Ordinance may be approved only if the Town Council finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels. In general IESNA standards shall be used to determine the appropriate lighting design.

For the purpose of these regulation, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture.

The Town Council may modify the requirements of this section if it determines that in so doing, it will not jeopardize achievement of the intent of these regulations.

The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from this Ordinance except where they create a hazard or nuisance from glare. However, consideration to light trespass requirements shall be demonstrated

prior to commencing the use of the temporary lighting. Commercial activities exempt under this provision of the Ordinance shall only be able to use this exemption for one occurrence per year. All activities exempt under this provision of the Ordinance shall be exempt for a period not to exceed ten (10) consecutive days and whenever possible lighting should be fco.

All other lighting existing or installed on the date of this Ordinance which does not conform with this Ordinance shall be exempt under the following conditions.

Street lighting owned, operated, maintained or leased by the Town of Nashville shall be exempt understanding that good faith effort shall be made to comply with the following considerations.

Street lighting which causes light to trespass onto or into a neighboring parcel and causes an annoyance or disturbs the person(s) who own the neighboring parcel shall seek relief through the Nashville Town Council. Investigation shall be made after written complaint signed and submitted by the aggrieved property owner has been made to the Clerk-Treasurer. A report shall be made to the Town Council by the Town Manager outlining the complaint and possible solutions.

The Town Council shall hold a hearing on the matter in a meeting published in accordance with IC 5-3-1. The complaint and possible solution will be considered at that time.

A person who installs or causes to be installed various forms and types of lights as described heretofore in violation of this Ordinance is subject to a suit for injunction. Such a violation shall be punishable by a maximum fine of $1,000.00. The Town Attorney is authorized to bring any enforcement action for injunctive relief through the Brown County Court and the Town shall be entitled to recover attorneys fees and costs as assessed at the discretion of the Court against the offending business.

The Town of Nashville and its designees, the Nashville Town Marshal and all other departments and agencies, and all other Town officers, agents and employees, charged with enforcement of State and local laws and code shall be immune from prosecution, civil or criminal, for reasonable, good faith enforcement of this ordinance while acting within the scope of authority conferred by the Ordinance.

If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be effected thereby.

All conflicts with the provisions of this Ordinance with any local, state or federal rule, regulation or statute shall be ruled in favor of the more stringent rule. Regulation or statute.

This Ordinance shall be in full force and effect after its passage, promulgation, and publication as prescribed by Indiana Law.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF NASHVILLE this _________day of _____________________,2000.

ATTEST:  

_________________________
Brenda K. Young

 ___________________________ yea nay abstain
Joan Quigley, Council President

___________________________ yea nay abstain
Gerald Alexander, Councilmember 

___________________________ yea nay abstain
Charles A. Smith, Councilmember

___________________________ yea nay abstain
Leo Dreske, Councilmember

___________________________ yea nay abstain
Danetta Dorsett, Councilmember

Drafted by the Town Attorney
Ben S. Hoff III

________________________
Ben S. Hoff III