HomeMy WebLinkAboutOrd 1711 - zoning; outdoor lighting
Ordinance No~ 1711
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A REVISED
PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS REGARDING OUTDOOR LIGHTING;
PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND
OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN
EMERGENCY.
WH EREAS, the Zon ing and Planning Commission (\\ Z&PC ") of the City of West
University Place, Texas (\\ City") has submitted a preliminary report on a revised proposal to
amend the comprehensive zoning ordinance of the City, as last reformatted and re-adopted by
Ordinance No~ 1672, adopted March 12, 2001 (" Zon ing Ordinancel1); and
WHEREAS, the Z&PC I s report is attached to this ordinance as Exhibit A and made a
part of this ordinance by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE:
Section 1. The City Council hereby calls a joint public hearing before the City Council
and Z&PC on the proposal described in Exhibit A. The hearing shall be held in the Council
Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas
77005 during the City Council meeting set to begin at 7:30 p.m. on June 24, 2002. The hearing
may be recessed and continued to the City Council meeting set to begin at 7:30 p~m. on July 8,
2002 at the same place~
Section 2. The purpose for the hearing is to provide an opportunity for parties in interest
and citizens to be heard in relation to the proposal described in Exhibit A~
Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as
required by thjs ordjnance, (2) hearing as called by this ordinance, (3) report by the Z&PCt and
(4) vote by the City Council on the question of adoption. The procedures for enforcing the
proposal shall be as set out in the existing Zoning Ordinance~ The proposal described in Exhibit
A is hereby submitted and re-submitted to the Z&PC for its consideration~
Section 4. The City Secretary shall give notice of such hearing as prescribed by this
section. The notice shan be in substantially the form set out in Exhibit B, which is attached and
made a part of this ordinance by reference~ The notice shall be published in the Village News
(or another newspaper of general circulation in the City) at least once on or before the 16th day
preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the
mailing list for a regular edition of the City Currents newsletter. The notices shall be deposited
in the United States mail on or before the ninth day preceding the date of the hearing, properly
addressed with postage prepaid. The notices may be included within the newsletter or may be
separate. The City Council specifically approves giving combined notice of two or more
hearings in a single notice document, as this would save money and also provide better
information about the full scope of possible amendments to all interested persons.
Section 5. The City staff is authorized to make all necessary arrangements for the
hearing and to assist the Zoning and Planning Commission and the City Council.
Section 6. 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, the remainder of this ordinance
and the application of such word, phrase~ clause1 sentence, paragraph, section or other part of
this ordinance to any other persons or circumstances shall not be affected thereby. All
ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the
conflict only.
Section 7. The City Council officially findsf determines and declares that 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 Open Meetings
~awJ Chapter 551, Texas Government Code, as amended, and that 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 8. Because the proposal to amend the Zoning Ordinance is vitally important and
should be considered at the earliest possible date, a state of emergency is declared requiring
that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall
be adopted finally on first reading and shall become effective immediately upon adoption and
signature.
PASSED, APPROVED AND ADOPTED on
:Jc>
, 2002~
Recommended:~~_
City Mana er
Reviewed:
City Attorney
Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
Houston, Texas 77005
May 9, 2002
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houstonl Texas 77005
Subject: Preliminary report on a revised proposal to amend the zoning
ordinance of the City of West University Place, Texas
("Cityn) relating to outdoor lighting
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this, its
preliminary report, on the subject proposal, for the assistance of the
Council as well as other interested persons.
Scope of proposal. The proposal is to amend Section 8-107 to
impose different restrictions upon outdoor lighting, as follows:
The current ordinance regulates most lights emitting 1,800 lumens
or more (about 100 watts incandescent) that \\directly illuminate"
other sites or buildings.
The proposed ordinance would apply only to outdoor lights if "the
bulb or light sourcen is visible from inside a neighboring
residential building. Shields or "full cut-off" fixturesr for
example, could be used to comply. The proposal would allow
streetlights, traffic lights and signals, temporary emergency
lights, temporary holiday lights, security lights (if consented
to) I yard or porch lights along the street (with limited light
output) and sports field lights. Prior non-conforming lights
would have to be brought into compliance within approximately 24
months.
See the attachment to this report for the exact wording~
Preliminary Recommendation. Based on the limited review given
this matter so far, and subject to further review following public
MAY 16 2000 11:52AM SARITA ENERGY RESOURCES,
7132241683
p..2
hearing, the Commission: (i) finds that the proposed amendment, if
adoptedr would be in the public interest, (ii) makes a preliminary
recommendation favorable to the amendment, and (iii) recommends that
the City Council call a joint public hearing to consider this matter.
The Commission invites all interested persons to participate in the
joint public hearing.
This proposal is submitted as a new, revised proposal to take the
place of the amendment on the same subject submitted by the Commission
last year..
The Votea The following members of the Commission approve this
preliminary report: All Commissioners 'toted \'aye. 11
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
/!'~ Z.~~
For the Commission
By:
Outdoor lighting ordinance
as recommended by Z&PC
5-9-02
Amend Section 8-107 of the Zoning Ordinance
to read in its entirety as follows:
Section 8-107. Outdoor Lighting
(a) Intent. The il1tent of this section is to require outdoor lighting to use "full cut-ofIIf fixtures,
low-output bulbs, sllields or other methods to reduce light trespass, glare and light pollution and to
encourage energy conservation~
(b) In general. Any lighting device installed outdoors (or on the exterior ofa structure) must be
designed, constructed and operated so that the bulb or light source (diffused or not) is not visible from
within a door or window of an occupied building on another building site used for residential purposes..
(c) Certain defenses. It is an affirmative defense to prosecution tInder this section that the device
in question is:
(1) a streetlight approved by the City;
(2) an official traffic light or signal;
(3) an emergency light used temporarily (not longer than the emergency conditions involved);
(4) a decorative holiday light used temporarily (not more than 45 days out of any 365-day
period);
(5) a security light requested or consented to by the current owner of (or person in control of)
the building (on another building site) that is illuminated;
(6) a light located in a front yard or street side yard (or on a building facing such a yard), if: (i)
all the lights in--or facing--that yard emit, in the aggregate, no more
than 4,000 lumens, and (ii) no individual bulb in--or facing--that
yard emits more than 1,000 lumens; or
(7) a device illuminating a sports field..
Notes: In Section 12-103 (i), the PNC item would. be nOutdoor lighting in violation of Article 8U and the
time period would be a specified. date (approximately 24 months following the effective date of this new
ordinance)~
The definition of \\high-outPllt ligllting deviceff would be deleted from Article II.
Exhibit B
NOTICE OF PUBLIC HEARING
The Zoning & Planning Commission and the City Council of the City of West University Place,
Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building,
3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin
at 7:30 p~m. on June 24, 2002~ The hearing may be recessed and continued to the City Council
meeting set to begin at 7:30 p.m~ on July 8f 2002 at the same place. The purpose for the
hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to a
proposal to amend the City's Zoning Ordinance, as follows:
Outdoor Lighting: Amend Section 8-107 to impose different restrictions upon outdoor
lig hti ng .
The current ordinance regulates most lights emitting 11800 lumens or more (about 100
watts incandescent) that "directly illuminate" other sites or buildings.
The proposed ordinance would apply only to outdoor lights if "the bulb or light source" is
visible from inside a neighboring residential buildingw Shields or "full cut-off" fixtures, for
example, could be used to comply. The proposal would allow streetlights, traffic lights
and signals! temporary emergency lights, temporary holiday lights, security lights (if
consented to), yard or porch lights along the street (with limited light output) and sports
field lights~ Prior non-conforming lights would have to be brought into compliance within
approximately 24 months~
Additional details on the proposal as well as the Zoning Ordinance are all available for public
inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The
proposed amendment would be generally applicable within the City, and any person interested
in such matters should attend the hearings. The proposal may be adopted only after notice and
hearing, and they would control over any inconsistent provision in the current Zoning.
Date: Is/Kay Holloway, City Secretary