Outdoor Site Lighting - The rest of the story

 

The Town of Farragut was founded in 1980 so we could handle our own planning and zoning.

The Town adopted its first comprehensive zoning ordinance 82-11 on March 16, 1982.

Ordinance 82-11, Chapter 4., Section XIII. Lighting provided the following restriction:

“No exterior lighting shall be oriented in such a manner as to cause direct lighting to be cast onto property zoned residential.” (This language remained unchanged until 1999.)

In 1985, the Town acquired property on Watt Road for a future park and began building recreational fields; in 1990, the Town purchased more land to expand the Watt Road Park (now called Mayor Bob Leonard Park (MBLP).

By 1999, MBLP had two lighted softball fields, a lighted baseball field, a lighted rectangular field and a lighted sand volleyball complex.


By 1999, Farragut High School had a lighted softball field, a lighted football field and a lighted baseball field.

On June 10, 1999, the Board of Mayor and Aldermen approved Ordinance 99-16 which deleted Chapter 4, Section XIII. Lighting and replaced it with Chapter 4., Section XIII. Outdoor Site Lighting in which the 28 feet height limitation for light poles was established.

Obviously, the field lights at MBLP were already in existence, as were the field lights at Farragut High School.  Regulation of these lights was not incorporated in the Outdoor Site Lighting ordinance when the ordinance was adopted. The Board was fully aware of the existence of the field lights at MBLP and at Farragut High School. They unanimously supported Ordinance 99-16 without incorporating an exception for these field lights because Ordinance 99-16 applied to private development only and not to public facilities.

To understand that, the following is a statement from our Town attorney, Tom Hale, made during the December 8, 2022, Board of Mayor and Aldermen meeting:

“The question has come up whether or not the Town itself, which generally is adopting regulations to regulate private activity not necessarily public activity…..Do we have to abide by the zoning ordinance when we’re designing and using public facilities, crafting public facilities for use by the public?"

"Municipal governments do not have to abide by their zoning ordinances when they’re exercising the use of their property in what’s known as a governmental function as opposed to a proprietary function."

"This is what the general law is.”  Dec. 8, 2022 BoMA mtg - Tom Hale

Ordinance 22-12 which amends the Outdoor Site Lighting section and was approved by the Board of Mayor and Aldermen does NOT change any of the protections that were in the ordinance. 

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