TOWNSHIP OF BRIGHTON
LIVINGSTON COUNTY, MICHIGAN
ORDINANCE NO. 143
AN ORDINANCE AMENDING THE CODIFIED
BRIGHTON TOWNSHIP ZONING ORDINANCE BY ADDING A NEW SECTION 5-11, OUTDOOR LIGHTING, TO
PROVIDE FOR THE QUALITY OF OUTDOOR NIGHT LIGHTING TO CONSERVE ENERGY, REDUCE LIGHT
POLLUTION, AND IMPROVE SAFETY BY LIGHT DIRECTION AND ADDING TO SECTION 2-2, DEFINITIONS.
The Board of Trustees of the
Township of Brighton hereby ordains:
SECTION 1. REPEAL OF EXISTING SECTION 5-1 1.
EXISTING SECTION 5-11 IS HEREBY REPEALED IN ITS ENTIRETY.
SECTION 2. ADOPTION OF NEW DEFINITIONS IN SECTION
2.2 Definitions That the
following definitions are added to section 2-2.
Canopy structure: Any
overhead protective structure which is constructed in such a manner as to allow
pedestrians/vehicles to pass under.
Fixture: The assembly that
holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a
lamp holder, a ballast, a reflector or mirror, and a refractor or lens
Footcandle: A unit of
illumination produced on a surface, all points of which are one foot from a uniform point
source of one candle.
Glare: Direct light emitted
by a luminaire that causes reduced vision or momentary blindness.
Illuminance: The level of
light measured at a surface.
Lamp: The component of a
luminalre that produces the light.
Light direct: Light emitted
directly by a lamp, off a reflector, or through a refractor of a luminaires
Light emitting surface: Any
part of a fixture (lamp, diffusor) which emits light rays.
Light pollution: General sky
glow caused by the scattering of artificial light in the atmosphere, much of which is
caused by poorly-designed luminaries.
Light shield: Any attachment
which interrupts and blocks the path of light emitted from a luminaire or fixture.
Light trespass: Light emitted
by a luminaire that shines beyond the boundaries of the property on which the luminaire is
Lumen: A unit of measurement
of luminous flux.
Luminaire: The complete
lighting system, including the lamp and the fixture.
Luminaire full cutoff: A
luminaire that allows no direct light emissions above a horizontal plane through the
luminaire's lowest light-emitting part.
Luminaire permanent outdoor:
Any fixed luminaire or system of luminaries that is outdoors and this is intended to be
used for seven (7) days or longer.
Outdoor light fixtures:
Outdoor artificial illuminating devices, installed or portable, used for floodlighting,
general illumination, or advertisement.
Roadway lighting: Permanent
outdoor luminaries that are specifically intended to illuminate roadways for automotive
Standard methods: Methods of
measurement established by a nationally recognized Board.
SECTION 3. ADOPTION OF NEW SECTION 5-11 - OUTDOOR
That the Brighton Township Codified
Zoning Ordinance, is hereby amended by the addition of a new section 5.1 1 to read as
Section 5-1 1 OUTDOOR LIGHTING
(a) INTENT AND SCOPE OF APPLICATION
Intent The purpose of this
section is to improve the travel conditions for persons and vehicles on public ways by
reducing glare, to reduce light trespass, to protect the general health, safety, and
welfare of the public in Brighton Township, to decrease the expense of lighting, to
decrease light pollution, and to improve the aesthetics of the township In general while
providing adequate night-time safety, utility, and security.
(b) PROCEDURE: Per section 5-16 (b).
At the time of site plan approval the applicant must supply a lighting plan in accordance
with Planning Commission rules.
1. For all areas:
a) All lights shall be shielded in
such a way as to direct all light toward the Earth's surface and away from reflective
b) Light fixtures or lamps shall be
shielded/shaded in such a manner as to direct incident rays away from all adjacent
c) Lights on poles shall not be
taller than the building whose area they illuminate nor taller than fifteen (15) feet
whichever is shorter.
d) All fixtures must meet the
building code requirements for their particular zoning district.
a) Any facilities which may require
floodlighting may not arrange the light in such a way that it will shine towards roadways,
onto adjacent residential property or residential use property or into the night sky.
f) Any interior lighted signs may not
be lit at night when any face of the sign is removed or damaged in such a way that the
light may distract drivers or homeowners.
g) Signs shall comply with
illumination requirements of section 5-10 (f) (3).
h) Except as stated elsewhere in
these regulations, light levels will be limited to those published as recommendations by
the Illuminating Engineering Society of North America.
2.For commercial, business,
industrial, and natural resource zones and any roadway adjacent to residential zones:
a) Any light fixture must be placed
in such a manner that no light emitting surface is visible from any residential area or
public/private roadway, walkway, trail or other public way when viewed at ground level.
b) The level of lighting shall not
exceed 0.5 footcandles at any residential property line or 1.0 footcandles at any
non-residential property line.
c) Any Canopy structure used at a
business location must have recessed lights with diffusers which do not extend below the
surface of the canopy.
d) Any luminaire on a pole, stand or
mounted on a building must have a shield, an adjustable reflector and nonprotruding
3. Installation and operation cost:
The cost of installing and operating approved roadway lighting on any public road shall be
through a financial method approved by the Township Board of Trustees or by the Livingston
County Road Commission. The costs of all other lighting systems shall be borne by the
1. The Planning Commission may waive
any of the provisions stated in section 5-1 1 (c) when after a request for such an
exception has been made and reviewed, the Planning Commission determines that such an
exception is necessary for the lighting application. Requests for such an exception shall
be made to the Planning Commission in such form as the Planning Commission shall prescribe
and shall include, but not be limited to, a description of the lighting plan, a
description of the efforts that have been made to comply with the provisions of these
regulations and the reasons such an exception is necessary. In reviewing a request for
such exception, the Planning Commission shall consider safety, design, and other factors
deemed appropriate by the Planning Commission and shall consider the following:
a) The new or replacement luminaire
is a full-cutoff luminaire when the rated output of the luminaire is greater than 1,800
b) If a lighting recommendation or
regulation applies, the minimum/maximum illuminance specified by the recommendations or
regulation is used.
c) If no lighting recommendation or
regulation applies, the minimum illuminance adequate for the intended purpose is used,
giving full consideration to safety, energy conservation, glare, and minimizing light
d) For roadway lighting, a
determination is made that the purpose of the lighting installation or replacement can not
be achieved by installation of reflectorized roadway markers, lines, warnings or
informational signs, or other passive means.
e) Adequate consideration has been
given to conserving energy and minimizing glare, light pollution, and light trespass.
2. Exemptions from the provisions of
this section are permitted only when:
a) Federal or state laws, rules and
regulations take precedence over these provisions.
b) Fire, police, rescue, or repair
personnel need light for temporary emergency situations.
c) There are special requirements,
such as sports facilities and monument or flag lighting; all such lighting shall be
selected and installed to shield the lamp(s) from direct view to the greatest extend
possible, and to minimize upward lighting and light trespass.
d) A determination has been made by
the Township Zoning Board of Appeals, established through an open, public hearing process,
that there is a compelling safety interest that can not be addressed by any other method.
SECTION 2. INCONSISTENCIES REPEALED.
Any and all other ordinances or
resolutions or parts thereof in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
Should any section, clause or
paragraph of this Ordinance be declared by court of competent jurisdiction to be invalid,
the same will not affect the validity of the ordinance as a whole or part hereof other
than the part declared to be invalid.
SECTION 4. SAVING CLAUSE.
That nothing in this Ordinance shall
be construed to affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing,
under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of
any character be lost, impaired or affected by this Ordinance.
SECTION 5. PENALTIES
Every person convicted of a
violation of any provision of this Ordinance shall be punished by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or
by both such fine and imprisonment. Each act of violation and every day upon which any
such violation shall occur shall constitute a separate offense. In addition to the
penalties stated herein, the Township Board of Trustees may enjoin or abate any violation
of this Ordinance by appropriate action.
SECTION 6. EFFECTIVE DATE.
The provisions of this Ordinance are
hereby ordered to take effect thirty (30) days following publication in a newspaper of
general circulation within the Township. This Ordinance is hereby declared to have been
adopted by the Township Board of Trustees of the Township of Brighton in a meeting duly
called and held on the 4th day of March, 1997.
TOWNSHIP OF BRIGHTON,
Andrew F. Wardach, Supervisor
LIVINGSTON COUNTY, MICHIGAN
Carla T. Chapman, Clerk
ADOPTED: March 4, 1997
PUBLISHED: March 12, 1997
EFFECTIVE: April 11, 1997
I, Carla T. Chapman, Clerk of the
Township of Brighton, County of Livingston, Michigan, do hereby certify that the foregoing
is a true and complete copy of Brighton Township Ordinance number 143, an amendment to the
codified Brighton Township Zoning Ordinance, and was adopted by the Brighton Township
Board of Trustees on the 4th day of March 1997, and given publication In the Brighton
Argus, a newspaper of general circulation, on the 12th day of March, 1997. The following
members of the Brighton Township Board of Trustees voted as follows In connection with
this resolution to adopt the above amendatory ordinance.
In witness hereof, I have hereunto
affixed my official seal this ___day of________199_.
Carla T. Chapman, Clerk
Township of Brighton