HomeMy WebLinkAbout01092020 ZPC Agenda Item 4 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; CREATING ARTICLE VIIII IN CHAPTER
54, OUTDOOR LIGHTING REGULATIONS, OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
TO CREATE DEFINE LIGHT POLLUTION AS A NUISANCE, TO
REQUIRE PHOTOMETRIC PLANS AND SURVEYS FOR NEW
RESIDENTIAL CONSTRUCITON AND PROVIDE FOR NON-
RESIDENTIAL LIGHTING REGULATIONS WITHIN THE CITY AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 54, Article VIIII of the Code of Ordinances, of the City of
West University Place, Texas is hereby created, and the adoption of a new Article VIIII,
to read as set out in Appendix A, attached hereto. All other portions of Chapter 54 of
the Code of Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the day
of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
SIGNED,
on the day of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
Appendix "A"
Article VIIII. Outdoor Lighting Regulations
Sec. 54-215 — Purpose of Outdoor Lighting.
The purpose of this article is to provide regulations for outdoor lighting that will:
(1) Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light.
(2) Curtail light pollution, reduce skyglow and improve the nighttime environment for
astronomy.
(3) Permit the use of outdoor lighting that does not exceed the minimum levels specified for
nighttime safety, utility, security, productivity, enjoyment, and commerce.
(4) Curtail light pollution, reduce skyglow and improve the nighttime environment.
(5) Help protect the natural environment from the adverse effects of night lighting from gas or
electric sources.
(6) Conserve energy and resources to the greatest extent possible.
Sec. 54-216 - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section:
Adjusted lamp lumens mean the lamp of a lamp multiplied by the lamp efficiency. Lamp
efficiency is 100 percent for all solid-state lighting lamps and 80 percent for all other lamps.
Astronomic time switch means an automatic lighting control device that switches outdoor
lighting relative to time of solar day with time of year correction.
Backlight means lumens emitted in the quarter sphere below horizontal and in the opposite
direction of the intended orientation of the luminaire.
Canopy means a covered, unconditioned structure with at least one side open for pedestrian
access, vehicular access, or both. An unconditioned structure is one that may be open to the
elements and has no heat or air conditioning.
Curfew means a time period set by an ordinance or resolution of the city council during which
outdoor lighting is to be reduced as provided by this article.
Diffuser means a device used to diffuse, scatter, or distribute light from a source.
Emergency conditions means lighting that is only energized during an emergency, including,
but not limited to, lighting fed from a backup power source during a power failure, lighting for
illuminating the path of egress solely during a fire or other emergency situation, and lighting for
security purposes used solely during an alarm.
Existing lighting means any lighting existing and installed on or before the effective date of the
ordinance from which this article is derived.
Footcandle means the unit measure expressing the quality of light received on a surface. One
footcandle is the illuminance produced by a candle by a candle on a surface one square foot from a
distance of one foot.
Fully shielded luminaire means a luminaire constructed and installed in such a manner that all
light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by
reflection or refraction from any part of the luminaire, is projected below the horizontal plane through
the lowest light emitting part of the luminaire.
Glare means lighting entering the eye directly from a luminaire or indirectly from reflective
Hardscape means permanent improvements upon the ground which are constructed of
concrete, asphalt, stone, gravel, or other similar material. The term "hardscape" includes, but is not
limited to, parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-
vegetated landscaping that is ten feet or less in width.
Hardscape area means the area measured in square feet of all hardscape within a particular
site.
Lamp means an individual source of light other than a celestial object or fire. The term "lamp"
includes, but is not limited to, bulbs, tubes, and modules. For purposes of this article, multiple light-
emitting diodes (LEDs) or organic LEDs (OLEDs) within a self-contained bulb, tube, or module are
considered a single lamp.
Lamp lumens means all lumens emitted from a lamp. Lamp lumens may be determined by
documentation provided by the manufacturer of the lamp, by measurement taken by the building
official using a photometric device designed and calibrated to measure lumens, or by the greater of
the documentation provided by the manufacturer and the measurement taken by the building official.
Landscape lighting means lighting of trees, shrubs, or other plant material as well as ponds
and other landscape features.
Lighting means any electric, manmade, or artificial lighting equipment.
Lighting equipment means equipment specifically intended to provide gas or electric
illumination, including, but not limited to, lamps, luminaires, ballasts, poles, posts, lenses, and
related structures, electrical wiring, and other necessary or auxiliary components.
Light pollution means any adverse effect of artificial light, including, but not limited to, glare,
light trespass, skyglow, energy waste, compromised safety and security, and impacts on the
nocturnal environment.
Light trespass means light that falls beyond the property it is intended to illuminate. For
purposes of this article, it is presumed that lighting is not intended to illuminate beyond the property
line of the property on which the lighting is located, and that light emitted from a luminaire is
presumed to fall beyond the property line if the lamp is visible, either directly or indirectly by reflection
or otherwise, from beyond the property line.
Low voltage landscape lighting means landscape lighting powered at less than 15 volts and
limited to luminaires having less than or equal to 525 luminaire lumens.
Lumen means the unit of measure used to quantify the amount of light produced by a lamp or
emitted from a luminaire. The term is not synonymous with the term "watt," which is a measure of
power consumption.
Luminaire means the complete lighting unit or fixture, consisting of one or more lamps.
Luminaire lumens means the sum of all adjusted lamp lumens for all lamps within the luminaire.
Luminous elements (of a light fixture) means the lamp, any diffusing elements, and surfaces
intended to reflect or refract light emitted from the lamp, individually or collectively.
Mounting height means the height of lowest light emitting point of the lowest lamp of a luminaire
above ground level.
Nadir means a vertical line extending from the lowest light emitting point of the lowest lamp of
a luminaire to a point on the ground directly beneath the lowest light emitting point of the lowest
lamp of the luminaire.
New construction means the construction of entirely new buildings, structures, or hardscape,
the construction of an addition to an existing building, structure, or hardscape greater than or equal
to 51 percent of the existing building, structure, or hardscape, or the reconstruction or renewal of
greater than or equal to 51 percent of an existing building, structure, or hardscape.
New lighting means any lighting not existing and installed on the effective date of the ordinance
from which this article is derived.
Nonresidential means any use other than single-family detached, single-family attached,
duplex or quadplex.
Outdoor athletic facility means any outdoor/open air sporting or recreational facility designed
for use of organized athletic or extracurricular activities public or private which shall include, but not
be limited to, use as a venue for: football, baseball, basketball, softball, soccer, rugby, tennis, track
and field events, dressage, polo, rodeo, competitive roping, volleyball, quidditch, cricket, kickball,
barrel racing, badminton, band, drum corps, golf, swimming, diving, cycling, ultimate Frisbee or other
group event involving athletic or extracurricular competition or the preparation for such competition.
Outdoor lighting means lighting installed within the property line and outside of the non-light-
penetrating building envelopes, whether attached to poles, building structures, the earth, or any
other location.
Person means an individual, partnership, corporation, or any other legal entity.
Property line means the edges of the legally-defined extent of privately-owned property.
Residential means use for single-family detached, single-family attached, duplex, or quadplex.
Seasonal lighting means temporary lighting installed and operated in connection with holidays
or traditions.
Site means the area within the property line of a property.
Skyglow means the brightening of the nighttime sky that results from scattering and reflection
of artificial light by moisture and particulates in the atmosphere.
Solid state lighting means lighting based on light-emitting diodes (LEDs) or organic LEDs
(OLEDs). The term "solid state lighting" does not include lighting based on filaments, plasma, or
gases.
Sec. 54-217. - Nuisance declared.
Light pollution is hereby declared to be a public nuisance and is hereby prohibited.
Sec. 54-218. — Penalty
Any person, corporation, or association violating any provision of this article shall be charged
with a misdemeanor and if convicted shall be punished by a fine of not more than $500.00. Each
occurrence of any such violation of this article shall constitute a separate offense. Each day on which
any such violation of this article occurs shall constitute a separate offense.
Sec. 54-219. - Applicability.
(1) Except as provided by subsection (2)of this section, all outdoor lighting within the city limits
must comply with the requirements of this article; however, any special requirements of the
following take precedence to the extent of any direct conflict with this article:
a. Lighting specifically provided for within a specific use permit;
b. Lighting specifically provided for within a planned unit development site plan; and
c. Lighting specifically required by a state, federal, or local law.
f0 The following are not regulated by this article:
a. Lighting within the public right-of-way for the principal purpose of illuminating
streets or roads;
b. Temporary lighting used by law enforcement, fire, and other emergency services;
c. Lighting required by law to be installed on motor vehicles;
d. Lighting for public monuments and public statuary, provided the lighting does not
constitute a hazard to the operation of motor vehicles upon a public street;
e. Lighting solely for signs;
f. Temporary lighting for theatrical, television, performance areas and construction
sites, provided the lighting does not constitute a hazard to the operation of motor
vehicles upon a public street;
g. Underwater lighting in swimming pools and other water features; and
h. Temporary lighting and seasonal lighting.
(3) Outdoor recreation facilities.
a. Lumen cap exemption. Illumination levels for sports facilities shall be designed to
be no higher than recommended for the appropriate class of play, as defined by
the Illuminating Engineering Society of North America (IESNA) publication IES
RP-6-15.
b. Shielding. Fixtures used for non-aerial sports shall be fully shielded. Fixtures used
for aerial sports, such as baseball and softball shall be shielded to the full extent
possible while also allowing the minimum of vertical illuminance needed to track
the ball.
c. Certification. Lighting systems for outdoor recreational facilities shall be designed
and certified by an engineer registered in the state as conforming to all applicable
restrictions of this Code before construction commences. Further, after installation
is complete, the lighting system shall be again certified by a registered engineer to
verify that the installation is consistent with the certified design.
d. Curfew. No illuminated outdoor athletic facility shall be illuminated between 10:30
p.m. and 7:00 AM, except to conclude any officially sanctioned and scheduled
recreational or sporting event in progress prior to the curfew.
Sec. 54-220. - Permit required.
A person must apply for and obtain a permit from the city and pay any applicable fee therefor
as may be set by the city council in a schedule of fees, prior to the installation of any nonresidential
new lighting or new lighting associated with residential new construction. The permit application
must include a layout of the property which indicates:
(1) The location and square footage of any nonresidential hardscape area;
(2) The location and mounting height of each proposed new lighting luminaire and of each
existing lighting luminaire;
(3) The number of lamps within each proposed new lighting luminaire and each existing
lighting luminaire;
(4) The make, model, and lumen output stated by the manufacturer for each lamp within
each proposed new lighting luminaire and each existing luminaire; and
(5) The total luminaire lumens for each proposed new lighting luminaire and each existing
lighting luminaire.
(6) Photometric drawing is required for all new residential homes, and new non-residential
lightinq construction.
Sec. 54-221. Non-Residential Lighting Zones.
Where indicated, the limitations for lighting specified by this article will be determined
according to the lighting zones set forth in Table 1.
Table 1: Lighting Zones
Light Zone Zone Districts
LZ-1 Residential Areas (Residential SF-1, SF-2,
SF-3, and Townhome District)
LZ-2 Office District
LZ-3 Commercial Districts
Sec. 54-222. - New Non-residential lighting.
All new lighting must comply with the requirements of this section:
fl Nonresidential site lumen limit. The total luminaire lumens of all outdoor lighting within a
nonresidential site may not exceed the total site lumen limit set forth for the applicable
lighting zone in Table 2. The average footcandle for a site is calculated by adding sum of
all footcandle calculations on a rectangle grid, divided by the number of inputs.
Table 2: Maximum nonresidential footcandle average of hardscape area
_Maximum average footcandle of hardscape area*
LZ-1 2.5
LZ-2 3.5
LZ-3 4.0
j� Automatic switching requirements. All outdoor lighting other than lighting under a canopy,
tunnel or parking garage, or over a garage or building entrance must include controls that
automatically extinguish the lighting when sufficient daylight is available using a control
device or system such as a photoelectric switch, astronomic time switch or equivalent
functions from a programmable light controller, building automation system, or lighting
energy management system, all with battery or similar backup power or device.
.2 Lighting reduction requirements. The total luminaire lumens of all outdoor lighting intended
to be left on more than 30 minutes after closing, or the completion of activities, within a
nonresidential site is required to be reduced to 25 percent or less of the total site lumen limit
as set forth in subsection (1) of this section. Motion sensor activation may be allowed to
cause the light to resume normal lumen output only when activated and to be reduced back
to 25 percent or less or normal lumen output within five minutes after activation has ceased,
and the light shall not be triggered by activity off the property.
The following are exempt from the application of this subsection:
a. Residential lighting other than landscape lighting;
b. Code required lighting for steps, stairs, walkways, and building entrances;
c. Lighting required by an order, resolution, or ordinance of the city to be maintained
at a particular level; and
d. Lighting for businesses that operate on a 24-hour basis.
f� Light shielding required. All non-residential outdoor lighting must consist of fully shielded
luminaires. Low voltage landscape lighting, when within the maximum allowed luminaire
lumens prescribed in Table 3 for all other luminaires, may be left unshielded provided a
diffuser is utilized and the source of the light is not visible from any other property.
.ff2 Backlight. The backlight rating of a luminaire may not exceed the limit set forth for the
applicable lighting zone in Table 4. The backlight rating of a luminaire is determined by the
building official by measuring the lumens emitted by the luminaire at one mounting height of
the luminaire in the direction of the nearest property line at one or more angles indicated in
Table 5, as measured from the nadir at the lowest light emitting point on the lowest lamp of
the luminaire, using a photometric device designed and calibrated to measure lumens. If
measurement is taken at more than one angle, then the backlight rating of the luminaire is
the highest rating of the measurements taken. If documentation provided by the
manufacturer states a backlight rating for a luminaire, then, at the discretion of the building
official, such stated backlight rating may be used in lieu of a measurement taken by the
building official.
Table 4: Allowed Backlight Rating
LZ-1 LZ-1 LZ-3
Luminaires greater than 2 B3 B4 B4
mounting heights from the
property line
Luminaires 1 to less than 2 B2 B3 B3
mounting heights from the
property line
Luminaires 0.5 to less than 1 B1 62 B2
mounting height from the
property line
Luminaires less than 0.05 BO BO BO
mounting height from the
property line
Table 5: Backlight Rating
Lumens at 30 degrees Lumens at 60 degrees Lumens at 80 degrees
BO 0-110 0-220 0-110
B1 111-500 221-1,000 111-500
B2 501-1,000 1,001-2,500 501-1,000
1,001-2,500
B3 1,001-2,500 2,501-5,000
B4 2,501-5,000 5,001-8,500 2,501-5,000
B5 >5,000 >8,500 >5,000
.62 Glare. All outdoor lighting must be shielded and installed so that the luminous elements of
the fixture are not visible, either directly or indirectly by reflection or otherwise, from any
other property.
M. Color temperature. Nonresidential luminaires shall utilize lamps with a color temperature
rating of 3,000 K or below.
Sec. 52-223. — Photometric Survey
(1) All new residential homes, and non-residential projects must submit a photometric survey
after the exterior lighting has been completed to confirm compliance with this article.
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