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Home My WebLink About06172020 ZPC Agenda Item 3 Page 1 of 2 City of West University Place Planning and Zoning Commission Meeting DATE: June 11, 2020 Agenda Topic: Outdoor Lighting Ordinance SUMMARY: The proposed Outdoor Lighting Ordinance was amended based on the comments from the May 14 2020 Zoning and Planning Commission Meeting and the May 18 2020 City Council Workshop. This Ordinance, if adopted, will allow enforcement of the provisions for lighting glare, within the City, without the utilization of a light meter. SUMMARY OF PROPOSED LIGHTING AMENDMENTS: 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. City of West University Light: The City of West University is exempted from the Outdoor Lighting Ordinance. 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 10th through January 30th." 5. Existing Lighting and this proposed ordinance: If existing lighting is not violation of this article, meaning that it does not create glare onto other properties, then it conforms to this Ordinance. As with most 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. 6. Security Lighting: Security lighting has been added as an exemption to this Ordinance if it Page 2 of 2 City of West University Place Planning and Zoning Commission Meeting does not cause light glare onto adjacent 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 that does not cause light glare 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 this manner: 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 glare. a. Lighting complaint is often resolved at this stage. 3. Citation Issued a. A maximum $500.00 fine per day,per violation. 4. Court a. Evidence is provided. b. Applicant may appeal and provide evidence. c. Fine may be reduced. Staff Recommendation: Consideration for the proposed Lighting Ordinance. Attached: 1) Proposed Lighting Ordinance 2) PowerPoint Violations versus not a Violation. 3) May 18, 2020 City Council Workshop Summary—Lighting Ordinance Excerpt 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: Glare means the sensation produced by luminances within the visual field, that are sufficiently greater than the luminance to which the eves are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. 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. — Violation Declared. 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 of land, or other private property other than that property upon which such outdoor lighting is situated. u 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. 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 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: 1. Lighting operated for emergency lighting used by police, fire emergency, utility work personnel, or medical personnel, or at their direction. 2. Any City-owned and operated lighting. 3. Seasonal decorations using typical, unshielded, low-wattage, incandescent lamps or light-emitting diodes (LED) or holiday light projectors shall be permitted from November 10th through January 30th 4. Lighting that illuminates the United States and State of Texas flags. All other outdoor lighted flags, such as, but not limited to decorative and commercial flags shall conform to these provisions. Residential security lighting, such as motion activated flood lights are permissible under the following condition: lighting must be installed or shielded in a way that does not cause light glare onto other properties, in accordance with Section 54-217. Sec. 54-220. — Penalty Any person 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 $500.00. Each occurrence of any such violation of this article shall constitute a separate offense. Each day on which any such violation of this article occurs shall constitute a separate offense. yy Lt • y i u ,,• r p a ,�' -� li v - Eu rrx* 7.70 t., ...0 ,-(1,1) 10,... f . , i i . . , _ ...... ......,. :,.., ..._. . , 1 1 , 1 . , I., „0,,,,,it„, ., , „ _. ....... .,.... , _ ...... ci., i...iv,, , , , milt ".''1. E ... ., ric:i , ::1 ., § o_.__.:.,....). ,..,1W ---..:..,' ¢• k�$ ryP. c i. i ,µ 0 • • / k ta • ° d o '7..\ stiv 1{[ t t tk',. >',,,- , I r 41 i Pit, ';':* .,.*,A t.'..;:;,...filAi 31 jr,lirilli."......... .. t'' it,li Attj. N ::::I br�'r' •am"f� .^.j 1 3 c• ®fix "..I `ti! P. Nzk & �i �r:Se,1 - /� ., � T'e J .I.J C'''S ml C E ta i ---.---:9.1, - ph '" `S'ts , '4. "' it , 1 ;',k1'/!,...•0 , ,,,,, ii. -;n r~, i �� vA 3�a "ttvv,, .. �, F r.iii r �• +a • Z ..** ,-• 4,,,,...#it.),t'''.. ' ts,: 'N.,. ,.,„,,b,_,— .,'Ir } , �0• ; May 18, 2020 City Council Workshop Summary: Lighting Ordinance Discussion: General approach of the ordinance: The basic approach is that you can't shine a light onto your neighbor's property. This proposed ordinance is written not to be a huge burden on residents while providing protection from the worst offenders. Removed references to "Light Trespass": This reference was removed as it was previously only included for Residential Security Lighting, and has since been removed. Removed any references to"Outdoor Athletic Facility":This ordinance was modified to remove all references to outdoor athletic facilities as this lighting is controlled under in the Parks and Recreation Chapter of the City's Ordinances (Chapter 58). Council Feedback: Question 1: How is glare and different than light trespass? Answer: Glare is a species of light trespass, and there will be some light trespass on other residential properties. Glare is the most offensive as it shines the focal point of a light at a property. Question 2: How will this ordinance will be enforced? Answer: This ordinance is designed so that no light meter is required for enforcement of this Ordinance.A violation with glare will be easily identified as observed from the adjacent property. Question 3: The persons definition contains is broad enough to include corporations? Answer:Yes, the definition of person is broad and does include corporations. Question 4: Is there a standard definition for residential Security Lighting? Answer: There is no definition for residential security lighting provided, but it does provide motion activated lighting as an example. It can be argued that almost all lighting is security lighting.