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Home My WebLink About03122020 ZPC Agenda Item 5 DATE: March 12, 2020 Agenda Topic: Outdoor Lighting Nuisance Ordinance SUMMARY: The proposed outdoor lighting ordinance was amended based on the comments from the February 13, 2020 Planning and Zoning Commission Meeting. This ordinance, if adopted, will allow enforcement of the nuisance provisions for glare, and light trespass within the City,without the utilization of a light meter. SUMMARY OF PROPOSED AMENDMENTS: This is the summary of changes that occurred during the last meeting: 1. Glare definition: Glare has been properly defined in a way that is understandable and enforceable. This definition of glare is from the Illuminating Engineering Society of North America. "Glare means the sensation produced by luminances within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility." 2. Outdoor Lighting definition: The definition of outdoor lighting has been added. "Outdoor Lighting means lighting equipment installed within the property line and outside the building envelope, whether attached to poles, building structures, the earth, or any other location, and any associated lighting control equipment." 3. Lighting installed by the City: The City must follow the requirements of limiting light trespass and glare for outdoor lighting. Additionally, outdoor lighting for athletic fields must also limit light trespass and glare. 4. Christmas and Holiday Lighting: The holiday lighting definitions were modified to mention LED lighting and allow for an exemption from the holiday projectors. "Seasonal decorations using typical unshielded low-wattage incandescent lamps or light- emitting diodes (LED) or holiday light projectors shall be permitted from November 10 through January 30." 5. Existing Lighting and this proposed ordinance: If existing lighting is not a nuisance, meaning that it does not creates glare or light trespass onto other properties,then it conforms to this ordinance. As with most nuisance ordinances, it is complaint-based, and will have to receive a code enforcement complaint. Often these cases are resolved by modifying the direction of the lighting. Page 2 of 26 6. Security Lighting: Security lighting has been added as an exemption to this ordinance, if it does not cause light trespass onto other properties. "Residential security lighting, such as motion activated flood lights, are permissible under the following condition: lighting must be installed or shielded in a way as to not cause light trespass onto other properties in accordance with section 54-217." 7. Photometric Requests: During the permitting process,the Building Official can request data or information, such as a photometric study,to prove conformance to Section[A] 105.3 of the International Building Code, and R105.3 of the International Residential Code. Enforcement: The enforcement of this ordinance is typically performed in two ways: 1. Typical Enforcement of Complaints a. A complaint is received by the City of West University Place. i. City staff is assigned case (such as the Building Official, Code Enforcement Officer or Peace Officers). 1. Staff follows up with complaint a. Photographs or evidence provided by affected. b. Site Visit 2. Warning letter or notice sent to property owner of lighting nuisance. a. Often lighting complaint is resolved at this stage. 3. Citation Issued a. A maximum of$500.00 fine per day for a violation. 4. Court a. Evidence is provided. b. Applicant can appeal and provide evidence. c. Fine can be reduced. Staff Recommendation: Consideration for the proposed lighting ordinance. Attached: 1) Proposed Lighting Ordinance Page 3 of 26 Chapter 54 - OFFENSES AND MISCELLANEOUS PROVISIONS Article VIII. Outdoor Lighting Regulations Sec. 54-215 — Purpose. The purpose of this article is to provide regulations for outdoor lighting that will minimize adverse offsite impacts of outdoor lighting such as light glare, and light trespass. Sec. 54-216 - Definitions. The following words, terms and phrases, when used in this article, shall have the following meanings. 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 the sensation produced by luminances within the visual field that are sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. Light trespass means light that falls beyond the property it is intended to illuminate. For purposes of this article, it is presumed that outdoor 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. Outdoor Lighting means lighting equipment installed within the property line and outside the building envelope, whether attached to poles, building structures, the earth, or any other location, and any associated lighting control equipment. Sec. 54-217. — Nuisance Declared. (a) It shall be unlawful for any person to cause or permit to be energized on property owned or under his or her possession or control any outdoor lighting which projects a glare, directly upon any lot, tract, parcel or land, or other private property, other than that property upon which such outdoor lighting is situated. The use of laser source light, searchlights, flashing and/or rotating lights or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited, unless as authorized by this article. Page 4 of 26 Sec. 54-218. — Enforcement. (a) Upon receipt of a complaint from any citizen, or upon the initiative of any employee of the City of West University Place, Texas, a compliance inspection shall be conducted by the the city building official, code enforcement officers, peace officer, or other representatives designated by the city manager. Sec. 54-219. — Exceptions. (a) The provisions of this article shall not apply to outdoor lighting operated for street lighting or emergency lighting used by police, firefighting, or medical personnel, or at their direction. (b) Seasonal decorations using typical unshielded low-wattage incandescent lamps or light- emitting diodes (LED) or holiday light projectors shall be permitted from November 10 through January 30. (c1 Lighting that illuminates the United States and State of Texas flags are exempt from the provisions of this article. All other outdoor lighted flags, such as, but not limited to, decorative and commercial flags, shall conform to the provisions of this article. (d) Illumination of the outdoor athletic field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. Field lighting for these facilities shall be turned off within 30 minutes after the last event of the night. All lighting for outdoor recreational facilities shall be designed in a way to limit light trespass, including shielding as needed. Lel Residential security lighting, such as motion activated flood lights are permissible under the following condition: lighting must be installed or shielded in a way to not cause light trespass onto other properties in accordance with section 54-217. Sec. 54-220. — Penalty Any person, corporation, or association violating any provision of this article may be charged with a misdemeanor and if convicted may be subject to 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. Page 5 of 26