Westmaple School Violates R1 Zoning

Section 2.05 of the Zoning Ordinances establishes permitted and other uses of property in the R1 residential zone. Note that this does not include the operation of a Child Care Center, even with a SLUP.
From the Zoning Ordinance :

Child Care Center: A facility, other than a private residence, where child care is provided for periods of fewer than 24 hours a day, for more than 2 consecutive weeks per year, for 1 or more children whose parents/guardians are not immediately available. Child care centers include public or private preschools, nursery schools, parent cooperative preschools, full-day child care centers and drop in centers and must be licensed by the state.

The Westmaple School, which operates from the North East corner of the Church meets this definition of a Child Care Center. Operating Westmaple School violates the zoning ordinance for an R1 District.
The following is from the Zoning Ordinance.

    

Lighting Ordinances

The following information was provided to Matt Baka of the Planning Department, and Bruce Johnson, the Birmingham Building Official. Their response is below.
In the view of its neighbors, Lutheran Church of the Redeemer, 1800 West Maple, is imposing a light nuisance and disability glare in violation of the following City Zoning Ordinance:

4-21 (LT-01) (B): Light emitted outdoors from any structure will be subject to control by this section if it is determined that it creates a light nuisance^[1] and a disability glare^[2] as defined by section 9.02 of this ordinance.
Properties regulated by Special Land Use Permits, or SLUP’s, located in single family residential zones must comply with all regulations set forth in this ordinance.

Violations

Church lighting is violating the following Zoning Ordinances:

4-21 (LT-01) (D) General Standards:
(1): All luminaries shall be … positioned in a manner that does not unreasonably invade abutting or adjacent properties.
(3): All luminaries shall use light distribution patterns or positioning that directs light away from adjacent or abutting property when appropriate.
(4): All exterior lighting not deemed necessary for security purposes or architectural enhancement must be turned off during non-business hours and shall be controlled by means of a photocell control, timer, or other acceptable means of control.
4-21 (LT-01) (F) Parking Facilities
(4): All luminaries of a parking facility will use light distribution patterns and/or shielding that directs light away from adjacent or abutting property.

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[1] Light Nuisance: Detrimental illuminance within the visual field, that is sufficiently greater than the illuminance to which the eyes are adapted that causes annoyance, discomfort, and is otherwise distressful to surrounding property occupants.
[2] Disability Glare: The effect of stray light in the eye whereby visibility and visual performance are reduced. A direct glare source that produces discomfort may also produce disabling glare by introducing a measurable amount of stray light in the eye.

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Response from the Birmingham Planning Dept.

The following is a response from Matt Baka, of the Planning Department, to questions posed by Patrick Hillberg, 1853 Fairview

Matt: In regards to your questions,  I will attempt to answer each or explain each provision's purpose within the ordinance;
Pat: specifically, per your email you discuss 4-21 (LT-01) (D)(3)Matt: I referenced 4.21 LT-01 (D)4, however 3 would also be taken into consideration when performing a lighting plan review during the approval process.
Did you address each of these, or only make an luminance measurement?My site visit on the evening of the last Planning Board meeting was to take light readings.  I had already determined that the type of lights installed (full cut-off wall packs) and location (10' above grade) were in accordance with their SLUP approval on a previous visit.
Did you prepare a report on your findings? I did not prepare a formal report, however I did report back to my supervisor that the light levels did not exceed the levels allowable by ordinance but that they are required to be turned off during non-business hours and that I would contact Redeemer to make sure they were aware of this requirement, which I did.
Where did you measure, and what was the light level? The ordinance states that light levels shall be measured 6' above grade on a vertical plane at the property line.  I took my measurements from points along the property line as well as progressively closer to the light fixtures at several points.  The levels at the property line were 0.0 fc.  The light meter did not register any light reading until I was well with the property line.
4-21 (LT-01) (D): Light emitted outdoors from any structure will be subject to control by this section if it is determined that it creates a light nuisance or disability glare as defined by section 9.02 of this ordinance. (This regards the hallway lighting which shines into our living room.)(4.21 LT-01 B) - This provision is intended to regulate situations such as the one you describe.  The night I was out there I did not observe any classroom or hallway lights to be on so I can't speak to whether or not that would constitute a lighting violation.  However,  I did speak to Steve on that point as well,  he said that the cleaning staff is supposed to turn off all the lights once they are finished cleaning for the night.
4-21 (LT-01) (D)(1): all luminaries shall be full cutoff or cutoff, as defined in Section 9.02, and positioned in a manner that does not unreasonably invade abutting or adjacent properties.All the wall packs at Redeemer are full cut-off fixtures and positioned according to the approved plan
4-21 (LT-01) (D)(1)(b): The luminaire is neither obtrusive nor distractingThis provision applies to non-cutoff lights
4-21 (LT-01) (D)(3): All luminaries shall use light distribution patterns or positioning that directs light away from adjacent or abutting property when appropriate.This is done through the use of the cutoff fixtures that direct the light onto the driveway
4-21 (LT-01) (D)(3): All exterior lighting not deemed necessary for security purposes or architectural enhancement must be turned off during non-business hours and shall be controlled by means of a photocell control, timer, or other acceptable means of control.This is the provision I referenced in my last email.
4-21 (LT-01) (E)(1): The intensity of light on a site shall not exceed six-tenths (0.6) maintained foot-candles at any property line that abuts a single family residential zoned propertyThis is the standard that I measured the light levels against.  The light levels at the property line registered 0.0 fc
4-21 (LT-01) (F)(4): All luminaries of a parking facility will use light distribution patterns and/or shielding that directs light away from adjacent or abutting property.4-22 (LT-02) (A)(3): All luminaries shall use distribution patterns, shielding or positioning that directs light away from adjacent or abutting property as appropriate.4-22 (LT-02) (A)(4): All lighting shall use appropriate methods to minimize reflection and glare on adjacent or abutting properties.These requirements are met through the use of cutoff fixtures, directional light throws and positioning
All of the standards in the lighting ordinance were based on the IESNA (Illumination Engineering Society of North American) recommended standards (see footnotes in the ordinance)which is considered the authority on these matters.   The lighting plan that was approved met the requirements of the Zoning Ordinance.  Certainly if the neighbors feel that the lighting is offensive the City will make sure that they (Redeemer) are not violating the ordinance and do our best to work with the stakeholders to resolve the issues.  As I mentioned in my previous email, I found Steve to be very receptive to the concerns I voiced to him.  I would encourage you to work with him as much as possible, it may just be a matter of him communicating to others at the Church what is required.  Please let me know if you have any other questions or if I can be of further assistance.

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The Neighbor’s Response

In essence, the neighborhood complaint regarding lighting ordinances is that the Church is not doing all that it can to direct light away from the residential property, when the lights are on, and the lights are on at times when they don’t need to be. (The Church seems to have no regard for the neighborhood aesthetic.) The City’s position is that the Church is using cut-off lighting, but 1) does not seem to be entirely true, especially in the archway lighting on the new west entrance, and 2) focusing strictly on cut-off luminaries ignores the other ordinances mentioned above.
According Matt Baka, the Church is using full cut-off  lighting, which is described in the Zoning Ordinance as:

Full Cutoff Luminaire: A luminaire light distribution with zero candela (intensity) at an angle of 90 degrees or above. Additionally, the candela per 1000 lamp lumens does not exceed 100 (10%) at a vertical angle of 80 degrees.

 
However, this is Church lighting, as viewed from a 2nd story on Fairview. Full cut-off lighting placed at 10’ should generate no light above a 10’ sight line, however, as can be seen here, this is clearly not the case.
There is no question but what this lighting generates a nuisance and a glare, in violation of Zoning Ordinance 4-21 (LT-01) (B)

Failing to meet conditions of the SLUP

Lutheran Church of the Redeemer was granted a SLUP in 1991, and then amended it in 1995, 2005, and 2009. The SLUP and each of its amendments contain conditions to be met by the Church. Below is a partial list of conditions which are not being met.

1991

That the trash dumpster be eliminated and the Church utilize curbside collection.		In the 2009 remodel, the trash dumpster returned.
That the traffic pattern remain the same and new signage be installed to direct drivers to dim headlights.		There is no signage instructing drivers to dim headlights, and this is a significant problem to the neighbors.
That the parking lot barricades be placed at the three locations indicated on the site plan.		While barricades exist, they are never closed.
That the Church hold an annual meeting with the neighbors to ensure that the proposals are continued.		In polling the neighbors, no one can ever recall the church calling for this meeting.

 

1995

All lighting shall be installed in accordance with the City Code.	See Lighting Ordinances
The Lutheran Church of The Redeemer shall continue to satisfy the conditions of the original Special Land Use Permit granted on May 13, 1991	Note that each amendment requires compliance with each previous agreement.
Two (2) 12 ft. lights in north row shall be on separate circuit and only used or special events that require use of entire parking area (approximately twelve a year). Neighbors shall receive a yearly list of these special events	These lights are on every evening (whenever other lights are on). No neighbor can recall the church providing a list of special event nights when the lights will be on.
New 12 It. lights shall be on separate timer and set to go off between 9.30 - 10-00 p.m. except special events. When practical, lights shall be programmed to not come on when no activities are scheduled	The lights are on every evening, regardless when there are/are no activities.
Five (5) 8 - 10 ft white pines shall be planted at the fence line of the Andrews (235 Chesterfield) and Hubbard (1901 Fairview) properties.	Only two trees are planted on the property line at 235 Chesterfield. Note that the church agreed to replace any trees which die over the years with equivalent trees.

2005

All applicable conditions of the previously approved SLUP and its amendments are continued as a part of this SLUP amendment;

Note that each amendment requires compliance with each previous agreement.

2009

The applicant submit a new photometric plan that adheres to the requirements of the Zoning Ordnance, or obtain a valance from the BZA;	See Lighting Ordinances
All applicable conditions of the previously approved SLUP and the amendments are continued as a part of this SLUP amendment;	Note that each amendment requires compliance with each previous agreement.