Loading...
HomeMy WebLinkAbout02132025 ZPC Agenda Item 4 OCityof West University Place Community Development To: The Zoning and Planning Commission From: Chris Guess,Planning and Zoning Administrator Date: February 13,2025 Re: Article IX. Outdoor Lighting Regulations Background Information: The City of West University Place has revised the ordinance regulating outdoor lighting in December of 2020. Concerns about the application of the ordinance and its subjectiveness have persisted. The ordinance was discussed by the ZPC beginning in January and continuing through November of 2020. The discussions ranged from very objective definitions of what constitutes a nuisance with quantifiable metrics of lumens to a more subjective regulatory tool that declares a violation based on the projection of "glare"directly upon any other residential property other than the one which the outdoor lighting is situated. The definition of"glare" and the usage of the phrase "directly"has made enforcement subjective. The January 9, 2020, ZPC agenda proposed an ordinance that had features and definitions that could be replicated based on quantifiable metrics. It defined lumens and luminaire, utilized metrics like 2.5 maximum footcandle of hardscape area, and required light-calming measures like motion sensors and shielding. By February 13, 2020,the proposed ordinance had been reduced in intensity, scale, and regulatory ability. By May14, 2020 the summary submitted on the topic of Outdoor Lighting Nuisance Ordinance was as follows: "The proposed Outdoor Lighting Ordinance was amended based on the comments from the April 9, 2020, Planning and Zoning Commission Meeting. This Ordinance, if adopted, will allow enforcement of the nuisance provisions for glare, and light trespass, with the City, without the utilization of a light meter" Applicable Regulations: • Sec. 54-216. Definitions. "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 caused annoyance, discomfort, or loss in visual performance or visibility. 3826 Amherst St. zvww.zvestutx.gov West University Place, TX 77005 713-662-5830 0 City of West University Community Development Place • Sec. 54-217. Violation 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 of land or other private property other than that property upon which such outdoor lighting is situated. Staff Report: Application and enforcement of the current ordinance is challenging. Staff encounters obvious nuisances, such as highly elevated floodlights angled towards a shared property line, but enforcement becomes more difficult when the example is switched to a security light angled down against the side of a white house. White reflects light and although the security light is angle down and potentially shielded,the reflection or glow off the wall illuminates a neighbor's backyard. Is the glare "directly"projecting to their neighbors' lot or is the illumination caused by a reflection of light from a bulb that is directed down, but a measurable amount of light still spills over a neighboring property line? Also, what should be the expectation of our community members? West University Place is a dense urban environment. Is it reasonable to expect"some" light-spill or should we move towards a dark-sky? Our current enforcement of the Outdoor Lighting Regulation is contingent upon our neighbors reaching a mutual, although sometimes begrudging, agreement on lighting and good-neighbor behavior. Benchmark cities: Staff has reviewed the ordinances of similar and near-by cities as they pertain to regulating light spill on to residential properties. The benchmark cities in this example use "footcandle" as their replicable and quantitative measure for light spill: • The City of Bellaire, TX o 0.2 footcandles (spot measurement) • Hedwig Village, TX o 2.5 footcandles (average from a rectangle grid) • Hunters Creek Village, TX o 0.5 footcandles (spot measurement) Staff Recommendation: 3826 Amherst St. www.zuestutx.gov West University Place, TX 77005 713-662-5830 City of West University Community Development Place p Staff recommends the ZPC recommend to City Council a replicable and quantitative measure for light spill. Additionally, staff recommends the implementation of a light meter to definitively determine whether an amount of light is prohibited(or permitted). Lastly, staff recommends the ZPC consider the dense and urban nature of West University Place in consideration of a standard of permissible outdoor lighting. Attachments: 1. Article IX. Outdoor Lighting Regulations (Current Ordinance) 2. Extracted Pages from the January 9, 2020, ZPC Agenda(Pages 1, 29-51) 3. Extracted Pages from the May 14, 2020, ZPC Agenda(Pages 1-9) 4. Benchmark Cities Ordinances - The City of Bellaire, TX 5. Benchmark Cities Ordinances - Hedwig Village, TX 6. Benchmark Cities Ordinances - Hunters Creek Village, TX 7. (Proposed) Article IX. Outdoor Lighting Regulations 3826 Amherst St. www.zvestutx.gov West University Place, TX 77005 713-662-5830 ATTACHMENT # 1 PART II-CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE IX. OUTDOOR LIGHTING REGULATIONS ARTICLE IX. 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. (Ord. No. 2097, § 1(App.A),7-27-2020) 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 eyes 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. (Ord. No. 2097, § 1(App.A),7-27-2020) Sec. 54-217.Violation 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 of land, or other private property other than that property upon which such outdoor lighting is situated. (b) 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. (Ord. No. 2097, § 1(App.A),7-27-2020) Sec. 54-218. Enforcement. 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. (Ord. No. 2097, § 1(App.A),7-27-2020) Sec. 54-219. Exceptions. (a) The provisions of this article shall not apply to: West University Place,Texas,Code of Ordinances created: 2024-07-14 13:49:39 [EST] (Supp. No.45) Page 1 of 2 (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 10 through January 30. (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. (b) 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. (Ord. No. 2097, § 1(App.A), 7-27-2020) 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. (Ord. No. 2097, § 1(App. A),7-27-2020) Created: 2024-07-14 13:49:39 [EST] (Supp. No.45) Page 2 of 2 ATTACHMENT #2 "1 he City of West University Place . 1 :\'ci hborlioocl on ZPC Meeting Agenda Notice is hereby given of a regular meeting of the Zoning and Planning Commission of West University Place to be held on Thursday, January 9, 2020 at 6:15 pm in the Municipal Building, 3800 University Boulevard,West University Place,Texas,for the purpose of considering the following agenda items: Note: The Commission reserves the right to convene in a closed session for any agenda item if the need arises pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code Call to Order 1. Notices, Rules, Etc. Matters relating to notices, introductions, rules, meeting procedures and updates. 2. Public Comments. This is an opportunity for citizens to speak relating to agenda items. The speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing. Public comments must be kept relevant to the subject before the Board. The presiding officer shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the presiding officer from further comment before the Board during the meeting. Speakers must limit their presentations to three minutes each. 3. Subdivision Ordinance (Chapter 74) Regulations. Matters related to possible ordinance amendments to the subdivision ordinance (Chapter 74 of the Code of Ordinances of the City of West University Place,Texas). 4. Lighting Regulations. Matters related to lighting regulations for properties in the City. 5. Minutes. Matters regarding approval of minutes from November 14, 2019. ADJOURN In compliance with the Americans with Disabilities Act, if you plan to attend this public meeting and you have a disability that requires special arrangements, please contact the person that signs this below at least 24 hours prior to the meeting so that reasonable accommodations can be made to assist in your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Special seating will be provided in the Meeting Chambers. I certify that the attached notice and agenda of items to be considered by the West University Place Zoning and Planning Commission on January 9, 2020 was posted on the Municipal Building bulletin board on or before January 6,2020 at 6:00 o'clock p.m. Cray Chew Clay Chew,Building Official,cchew(a),westutx.gov,713-662-5830 1 3800 UniversityBoulevard West UniversityPlace, TX 77005 www.westutx.gov I I g f 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 skvglow 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 skyqlow 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 eve 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. l22 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 lighting 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: jU 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 (2) 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. j32 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. 0.1 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. 1.2 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 B2 B2 mounting height from the property line Luminaires less than 0.05 BO B0 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 jti 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. J7) Color temperature. Nonresidential luminaires shall utilize lamps with a color temperature rating of 3,000 K or below. Sec. 52-223. — Photometric Survey (i) 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. 1 >„‘ • ozu cip > • c • two 4—)CL) • ci) V 1 Z • 1 O N tx$ 6 'a M . �0 bA n Mtn "ea 'II i b O t Ilk a--. O O w I i 0 0 .� . Or) W W f ia, '* ' c�,, CD riZS t___.. . it , I y a • r e' r r s % Of e.s ., .... . --, i .,':,, JJ 7 � s i. r 'I i iI L Q 1 iliMMO •I. N L. , ,',4*-',7.4'144 !"i, N c ai) . ... E 0_ o ,_ -1 , •.. , V � - y , Al,•, ''t r,:,r, Cl.) , rCS ' - ' '11.:':::;,'.-7-• ;,- :-,:- ''''4,,,-;,.,,.-., 'RI, 140.,-,,,,s. *..... , • 4,.' i.-1'i,' 'i''-.''''''';-'''''.'' t.'" . L '4.:,,,.41-;•.,'..c '.:,4 . . f ii4: a) '-C ,.,-•-z-,,,i,,,,,, o o " s.,,,,;,,,,, :,'..-$-,.',,,',-,--.- .'..'.,.4.7.:?•:i..;,2‘:.tit:i4t...',,,-,..4: 4-I • '''..:, .‘ .,'"‘'. .'j.'''r,---t.,1'..'...' , •'',..1.,...,..-..4!..1, . '''',.a•-1....k..,.,., .,- ,:.-;.-:'..,.".".,.,:',:-,..7,,'.-...',.".,„, '-..4,......;',.,..„ .2 4',..,.;•:,I,:.i% .'..'.,r,';','-.4;:).A.#-A -.f.r?,..,-. ; — .,, vim li . , 1, \ 4 a i i 1 ..: -10 , mi/ I , ',If'.,.,. , _.., ., ... •r..... .., .,. . L.. • >% --.,, -- , ,- S. E a) a) o 0 U CI.. CL I s r ate r` I •i iir'' - I, ;t 4* 4 311 . t • • . ; .rt I 41 , - iu a • .41 NY ' 1. k , ';, k ilir,„ r. ■y■ i '';',..T... x 1 rt F z g" ! D 6 s`Y}'U t f y m5 ''cl t .'..!-,,,,,,:,!,,,,:',,,.--;.-,, ''',."."..:,.;`'''' -nt,...-',','..i, ',' ' '''''''''!''i'.Y1 ' tI.U''''S''''''''.A Y 3 S qt S 3 ') ' • R i J- Y ro' d: Y +A � ,:�k�y - i#. =c • ‘t:11:,..,-'..1-''..,,'*' ..!''s.'''''''',.'-,' ' x r ]h a 4mmi■■� Y ''(. . 4+' tv- 1 II v L. O 4� . �` O _.0 p V " I xK immild cci �, r...., f c , iii .i, + Cu....„.. ., , ,.. czt. -ri Cu 1 . ..:i,., tn , . , , sm._ C W 4.J gi f :•:• % O 4)• ' • ,,.,,, 4 .� o_ ime ,..,,,....: - V O � � V a- N y CD- - - a • x �J c. . Ca- 0 �r s. 0 o - ' - j • X"'l (1) E •,-.4 ..4 c.) c.) .,..4 •P-4 , C.) 0 Cl.) E ;...1 cz : a _4 4....) , F.74,4 cn ;....) up ;...mi , c , aii ct up /,‘J r•-•...1 V " v) r--, (1) U, Z bf) E •F-_,4 • r=4 ct , (go .4_J cl) ,,,ct ct 4. ,...4 c) cz ;,-4 ,.1-/ - c ,..", I . . r-4 CO 0 c.) cp E . 11 E ci) 0 - . �' 4, r... Z rli a—' Ct r ; o,R. . o .o O .� . o • °', •�, .ci - � O • Ch = •� o a a) '� C ti)0 O O . ,_, '- _ . O i) • °-'' � = � 0 �b�0 r-i .� • • j O •— . 1 o rci 4-4 •r_ o J •r' ct ►� 4o . r :-‘a' 2.4) cE U •54 r-c 574 .54 —• _C4) fl4 cf) b.0 o • WO A'-5J (I) ccf) -54 ct .2 au o •rl a N bA +-) r-C CA ct c i • cf) cl-- i 0 CO 4 �'' • �A ° • C...) ct • r--•I bJ0 U �, Cl) L_1 $:2 4 . L. L cn p rd O a o 4� 4U 5 U � � c O V -1--+ ;-+ CCU „ r--+ ' r-- I t_H r_ • CJ) N rE Vr" ° by - 4�► 0 � o � � a) bz a) 7) V p.41 cn p V • '-' F r-r..i E bA c/) •F--t 0 Ctrp � � 0 0 CO 0 +� C.) U r—1, . 7) 7r' rci w . • • . U ,•‘,I CO mot- in 9 Ei ., E. Ii hi C i I 7 �M C b J .... k 4 !!1^ Vl p •rl I J 0 0 r" 1:J f-i C7) +-' �" r D LL.J CJ r \ CD a o V irts 11.1Pr m 4_., 1 ,.. , • • u "lik,„ c.) o... C7.1.rn 0 [nJ C!D a) 1 Cl) O E o 4-J CnrNrn U '+ o aU cn rai o C ;--I O P-4 O U .. °U ' al =E) a) • o -4.-J E) C o ct 4U co aU •I— C V ral V) E O C. aU 1 a) rd ;-I O • ct ° Z � � � ° = U O • U V .tea; • r }j ' pd F r* .r--� U� • . . • O soui CL .,.., • too ") • W • +� ct • aA (1) • • I aA aA O ' � O '� W ATTACI- MENT # 3 The City of West University Place .1 .\ci;1lbo /1Dad C in ZPC Meeting Agenda Notice is hereby given of a regular meeting of the Zoning and Planning Commission to be held via teleconference on Thursday, May 14, 2020 beginning at 5:30 p.m. in the Municipal Building located at 3800 University Blvd., West University Place, Texas. Due to the COVID 19 Disaster and CDC'S recommendation regarding social distancing measures,the public will not be allowed to by physically present at this meeting. Zoning and Planning Commission will be meeting via teleconference and will be audible to members of the public and allow for two-way communications for those desiring to participate. To attend the meeting via telephonic means, please use the following toll-free number: 1-844-648-1102, Meeting ID: 330-517-747 or follow link to https://www.j oin.me/westumeeting Any person interested in speaking on any item on the agenda must submit his/her request via email to the Building Official at cchew(u westutx.2ov. The request must include the speaker's name, address,the phone number that will be for the call (in order to identify you) and the agenda item number and must be received prior to the posted time of the meeting. The agenda packet is accessible to the public on the City's website. After the meeting, a recording of this meeting will be made available to the public. Note: The Commission reserves the right to convene in a closed session for any agenda item if the need arises pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code Call to Order 1. Notices, Rules, Etc. Matters relating to notices, introductions, rules, meeting procedures and updates. 2. Public Comments. This is an opportunity for citizens to speak relating to agenda items. The speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing. Public comments must be kept relevant to the subject before the Board. The presiding officer shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the presiding officer from further comment before the Board during the meeting. Speakers must limit their presentations to three minutes each. 3. Lighting Regulations. Matters related to lighting regulations for properties in the City. 4. Noise Regulations. Matters related to the general noise regulations regarding equipment, loudspeakers,construction activities, quiet hours,etc. 5. Minutes. Matters regarding approval of minutes from April 9,2020. ADJOURN In compliance with the Americans with Disabilities Act, if you plan to attend this public meeting and you have a disability that requires special arrangements, please contact the person that signs this below at least 24 hours prior to the meeting so that reasonable accommodations can be made to assist in your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Special seating will be provided in the Meeting Chambers. 1 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place . 1 .\"ci:;hbHrlimcl Cin I certify that the attached notice and agenda of items to be considered by the West University Place Zoning and Planning Commission on May 14,2020 was posted on the Municipal Building bulletin board on or before May 11,2020 at 5:30 o'clock p.m. Clay Chew Clay Chew, Building Official,cchew@westutx.gov,713-662-5830 2 TOP'L WORK PLACES" 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Agenda Item #3 Page 1 of 2 City of West University Place Planning and Zoning Commission Meeting DATE: May 14, 2020 Agenda Topic: Outdoor Lighting Nuisance Ordinance SUMMARY: The proposed Outdoor Lighting Ordinance was amended based on the comments from the April 9, 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 REVISIONS: This is the summary of changes that occurred during the last meeting: 1. Athletic Field Lighting Curfew defined: The proposed Ordinances allow lighting of sports fields for up to 30 minutes after a scheduled event. 2. City of West University Light: The City of West University is exempted from the Outdoor Lighting Ordinance. SUMMARY OF PROPOSED 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. 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 10th Page 2 of 22 • Page 2 of 2 City of West University Place Planning and Zoning Commission Meeting through January 30t" " 5. Existing Lighting and this proposed ordinance: If existing lighting is not a nuisance, meaning that it does not create 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. 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 floodlights,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 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 nuisance. 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 with violation versus not violation Page 3 of 22 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 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 light emitted from a luminaire is presumed to fall beyond the property line if the light is visible, either directly or indirectly by reflection or otherwise, from beyond the property line. 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 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 proiects 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 proiected above the horizontal, is prohibited, unless as authorized by this article. Page 4 of 22 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. 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 protectors 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 confirm to these provisions. u Field lighting for outdoor athletic facilities or courts shall be turned off within 30 minutes after the last event of the night. All lighting for outdoor athletic facilities shall be designed in a way to limit light trespass, including shielding as needed. Lc]. 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 or 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 22 Violation Examples • f J� . 1 Page 6 of 22 Image Sources: 1)https://www.gallinaswatershed.org/what-you-can-do/light-pollution.html • r, t r Not a violation ' is4 4:: 1PPI) tr 1)J 1 y k{Cayc °�, ya,`Jx r r". d4 1 p *, .. t„, .. iii,.. , , .11‘.1 . . . :. _ _ $11. _......_ ".',4' I f‘ iii 7 illki .-1,,, +.. Image Sources:https://www.burkholderlandscape.com/outdoor-residential-lighting/ 2) Page 7 of 22 https://www.topbulb.com f blog/glare-common-outdoor-lighting-design-flaw/ ATTACI- MENT # Sec. 22-30. Lighting. (a) Purpose. The making,creation, and maintenance of undesirable light and glare onto adjoining properties affects and is a detriment to the public health, comfort, convenience, safety,welfare, and prosperity of the residents of the city.The purpose of this section is to provide regulations for outdoor lighting that will minimize undesirable light and glare onto adjoining properties, curtail light pollution, reduce skyglow, and permit the use of outdoor lighting specified for nighttime safety, utility,security, productivity, enjoyment, and commerce.The provisions and prohibitions contained in this section are intended to ensure appropriate lighting levels that support wayfinding and crime prevention and allow flexibility in architectural design while conserving energy and resources. (b) Definitions. The following definitions shall apply to the interpretation and enforcement of this section. (1) Direct view lighting means bare bulb lighting, neon lighting or neon-like LED lighting typically used for accent lighting, lighting outlining a building, or site element. (2) Existing lighting means any lighting existing and installed on or before the effective date of the ordinance from which this section is derived. (3) Footcandle means the unit of measure used to quantify the amount of light received on a surface. One footcandle is the illuminance produced by a candle on a surface equal to one square foot,from a distance of one foot. (4) Horizontal plane means a line horizontal to the lowest point on the fixture from which light is emitted. (5) Landscape lighting means lighting of trees, shrubs,or other plant material as well as pools, ponds,and other landscape features. (6) Light trespass means light that falls beyond the property it is intended to illuminate. (7) 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. (8) Luminaire means the complete lighting assembly, less the support assembly. For purposes of determining total light output, lighting assemblies which include multiple lamps or light sources in a single housing shall be considered as a single luminaire. (9) Outdoor lighting fixture means an outdoor artificial illumination device,whether permanent or portable, used for illumination outdoors, and shall include but is not limited to devices used for search, spot,floor, and area lighting for building and structures, recreational facilities,game courts, parking areas, landscape lighting,signs, public and private street lighting, and walkway lighting. (10) Photometric means quantitative measurements of light levels and distribution. (11) Seasonal lighting means temporary lighting installed and operated in connection with holidays or traditions. (12) Sign means a structure or any part thereof which is used or intended to be used to attract attention to a subject matter for advertising purposes, and which is properly permitted under the provisions of this code. (c) General prohibition. It shall be unlawful for any person to make, permit, or cause any outdoor lighting to result in light trespass upon any lot,tract, parcel of land, or other private property in excess of 0.2 footcandles.This prohibition applies to all lighting and includes, but is not limited to, lighting on residential, commercial,and institutional properties.The use of laser source light, searchlights,flashing and/or rotating lights, or any similar high intensity light for outdoor advertising or entertainment is prohibited. Created: 2024-12-06 15:55:16 [E5T] (Supp. No. 19,Update 4) Page 1 of 4 (d) General provisions. All exterior lighting in the city consisting of, but not limited to,spotlights,floodlights, pool and landscape lighting,or similar illuminating devices shall be installed, hooded, regulated,and maintained by the owner or person in control thereof in such a manner that the direct beam of any such light shall be cast in a manner so that it will not result in light trespass upon any lot,tract, or parcel of land in excess of 0.2 footcandles. Exterior lighting of any kind mounted on a building shall not extend above the building roof line unless otherwise specifically allowed by this section. (e) Applicability. All outdoor lighting must comply with the requirements of this section except the following, which shall not be regulated by this section: (1) Lighting within the public right-of-way for the principal purpose of illuminating streets or roads; (2) Lighting operated for emergency lighting used by police,fire, emergency, or utility work personnel; (3) Lighting required by law to be installed on motor vehicles; (4) Existing lighting that is not being modified or improved; (5) Landscape lighting not directed at the public street or adjoining properties; (6) Residential security lighting not directed at the public street or adjoining properties;and (7) Light trespass between properties developed in a unified manner. (f) Enforcement. Upon receipt of a complaint from any person who owns or occupies property impacted by light trespass, or upon the initiative of any employee of the City of Bellaire,Texas,a compliance inspection shall be conducted by the city building official, code enforcement officer, peace officer, or other representative designated by the city manager. (g) Hours of lighting at residential recreational facilities. The use of outdoor lighting designed or used for the purpose of illuminating residential recreational facilities such as, but not limited to, pools,tennis courts, paddle ball courts, or other types of game courts,fields, or sites shall not be allowed after 10:00 p.m. (h) Sign illumination. All provisions relating to sign illumination are located in chapter 24, planning and zoning, article X,signs,of this Code and shall be deemed controlling as to the interpretation and enforcement of this section. (i) Seasonal lighting. Notwithstanding the provisions of this section,seasonal lighting and light of seasonal decorations using typical, unshielded, low-wattage, incandescent lamps, LED, or twinkle bulbs or holiday light projectors shall be permitted. (j) Direct view lighting shall be allowed subject to the following: (1) Direct view lighting shall emit no more than 250 lumens per linear foot;and (2) Direct view lighting must be turned off from 30 minutes after close of business to 30 minutes before opening of business. Where no business exists on the site,from 10:00 p.m.to 5:00 a.m. (k) New construction, lighting requirements. All new construction exterior lighting must comply with the requirements of this section.Should this section directly conflict with any other provision in this Code,the stricter requirement shall apply. (1) Parking lot lighting. Parking lot lighting shall be designed and constructed to prevent light trespass in excess of 0.2 footcandles. Parking lot lights shall have a maximum height of 20 feet and be glare shielded. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. Lights mounted on a building shall not extend above the building roof line. (2) Parking garage lighting. Parking garage lights located at the top floor shall be directed downward and be glare shielded to limit spillover in excess of 0.2 footcandles outside the top of garage. Parking garage lighting at the top floor shall have a maximum height of 15 feet, and the height shall be Created: 2024-12-06 15:55:16 [EST] (Supp. No. 19,Update 4) Page 2 of 4 measured from the finish concrete, inclusive of the pedestal,to the top of fixture. Lights mounted on the side of the parking garage shall not create a light trespass in excess of 0.2 footcandles and shall not extend above the top parking garage wall.When directly abutting a residential zoning district,the exterior cover of the parking garage structure on the side facing the residential zoning district shall be made of an opaque surface or be constructed of other material in a manner that blocks or redirects the light from headlights on vehicles located within the garage.The exterior cover shall be at least 42 inches in height measured vertically from each finished floor where parking occurs. For ramps or other sloped surfaces,the exterior cover shall be positioned to block or redirect light from headlights of vehicles travelling within the garage.Additional screening may be required if it is otherwise not possible to prevent light trespass in excess of 0.2 footcandles, measured at grade on the property line. (3) Permit and photometric plan requirement. For any exterior new construction,excluding single-family residential, 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, and submit a photometric plan for review by the city.The photometric plan must include a layout of the property which indicates: a. The location and square footage of hardscape area; b. The location and mounting height of each proposed new lighting luminaire and of each existing lighting luminaire; c. The make, model,and lumen output stated by the manufacturer for each lamp within each proposed new lighting luminaire and each existing luminaire; d. The total luminaire lumens for each proposed new lighting luminaire and each existing lighting luminaire;and e. The photometric plan also must include a photometric drawing. Photometric calculations detailing all exterior lighting shall be submitted and drawn on 24 inches by 36 inches format prepared to scale. Point to point photometric calculations shall be calculated at intervals of not more than ten feet at ground level and may also be required at six feet above finish grade.A copy of all cut sheets for light fixtures shall be submitted and marked as to which information and data applies to the specific luminaire, including the lamp manufacturer. (4) Should any light fixture or the type of light source be changed therein after the permit has been issued, a change request must be submitted to the building official for their approval. (5) As measured on the Kelvin color temperature scale, warm colored lighting 3000k or below shall be used where possible. (6) Inspection. Upon completion of any outside lighting installation for which a permit has been issued in accordance with the building code of the city,the installation may be subject to a compliance inspection to be made during nighttime hours, with a light meter provided by the city.The inspection shall be made with the city manager or his or her designee and the person responsible for the installation present.The outside lighting permit fee,which shall include the cost of one inspection,and fees for additional inspections or re-inspections,shall be in such amounts as may be established from time to time by the city council. (I) Penalty. Any person who shall violate any of the provisions of this section, or who shall fail to comply therewith, shall be guilty of a misdemeanor and shall be punished as provided in section 1-10 of this Code; provided, however,that any fine shall not be less than$150.00 for the first offense of a violation of or failure to comply with this section, and not less than$500.00 for any subsequent offense of violation of or failure to comply with this section. Each day or portion thereof in which any violation shall occur shall constitute a separate offense. (Ord. No. 23-093, § 1(App.A), 12-18-2023) Created: 2024-12-06 15:55:16 [EST] (Supp. No. 19,Update 4) Page 3 of 4 A TACT- MENT # 5 -CODE OF ORDINANCES Chapter 30-ENVIRONMENT ARTICLE V.OUTDOOR LIGHTING REGULATIONS ARTICLE V. OUTDOOR LIGHTING REGULATIONS1 Sec. 30-190. 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. (Ord. No. 759, § 2(App.A),9-19-2019) Sec. 30-191. Definitions. The following words,terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Adjusted lamplumens 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. 'Editor's note(s)—Ord. No. 759, § 2(App.A), adopted Sept. 19, 2019, repealed the former art.V, §§ 30-190-30- 193, and enacted a new art.V as set out herein.The former art.V pertained to similar subject matter and derived from Ord. No. 754, §2(App.A), adopted July 18, 2019. Hedwig Village,Texas,Code of Ordinances Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 1 of 7 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. Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 2 of 7 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 25 percent of the existing building, structure, or hardscape, or the reconstruction or renewal of greater than or equal to 50 percent of an existing building,structure,or hardscape. New construction also includes new or replacement hardscape lighting. 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. (Ord. No. 759,§ 2(App.A),9-19-2019) Sec. 30-192. Nuisance declared. Light pollution is hereby declared to be a public nuisance and is hereby prohibited. (Ord. No. 759, § 2(App.A), 9-19-2019) Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 3 of 7 Sec. 30-193. 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. (Ord. No. 759, § 2(App.A),9-19-2019) Sec. 30-194.Applicability. (a) Except as provided by subsection (b)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: (1) Lighting specifically provided for within a specific use permit; (2) Lighting specifically provided for within a planned unit development site plan;and (3) Lighting specifically required by a state,federal,or local law. (b) The following are not regulated by this article: (1) Lighting within the public right-of-way for the principal purpose of illuminating streets or roads; (2) Temporary lighting used by law enforcement,fire, and other emergency services; (3) Lighting required by law to be installed on motor vehicles; (4) 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; (5) Lighting solely for signs; (6) 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; (7) Underwater lighting in swimming pools and other water features;and (8) Temporary lighting and seasonal lighting. (c) Outdoor recreation facilities. (1) 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. (2) 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. (3) 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. Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 4 of 7 (4) Curfew. No illuminated outdoor athletic facility shall be illuminated between 10:30 p.m. and 7:00 a.m., except to conclude any officially sanctioned and scheduled recreational or sporting event in progress prior to the curfew. (Ord. No. 759, §2(App.A),9-19-2019) Sec. 30-195. 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; (5) The total luminaire lumens for each proposed new lighting luminaire and each existing lighting luminaire;and (6) Photometric drawing is required for all new residential homes,and new non-residential lighting construction. (Ord. No. 759, § 2(App.A), 9-19-2019) Sec. 30-196. 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 A&C LZ-2 Commercial District B-2 LZ-3 Commercial Districts B-1, B-3, and B-4 (Ord. No. 759,§ 2(App.A),9-19-2019) Sec. 30-197. New non-residential lighting. All new lighting must comply with the requirements of this section: (1) 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. Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 5 of 7 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 (2) 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. (3) 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. (4) Light shielding required. All 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. (5) 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 mounting heights from the B3 B4 B4 property line Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 6 of 7 Luminaires 1 to less than 2 mounting heights from the B2 B3 B3 property line Luminaires 0.5 to less than 1 mounting height from B1 B2 B2 the property line Luminaires less than 0.05 mounting height from the BO BO B0 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 B3 1,001-2,500 2,501-5,000 1,001-2,500 B4 2,501-5,000 5,001-8,500 2,501-5,000 B5 >5,000 >8,500 >5,000 (6) 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. (7) Color temperature. Nonresidential luminaires shall utilize lamps with a color temperature rating of 3,000 K or below. (Ord. No. 759, § 2(App.A),9-19-2019) Sec. 30-198. Photometric survey. All new residential homes,and non-residential projects installing lighting shall submit a photometric survey after the exterior lighting has been completed to confirm compliance with this article. (Ord. No. 759,§ 2(App.A),9-19-2019) Sec. 30-199. Reserved. Created: 2024-07-09 16:18:04 [EST] (Supp. No. 18) Page 7 of 7 ATTA }- MENT #6 -CODE OF ORDINANCES Chapter 10-BUILDINGS AND BUILDING REGULATIONS ARTICLE IV. ELECTRICAL CODE. ARTICLE IV. ELECTRICAL CODE. Sec. 10-40. National Electric Code adopted. The National Electrical Code of 2020,as recommended by the National Fire Protection Association, is adopted in full, except for portions that are deleted, modified or amended by sections 10-41 through 10-46.A copy of the code is on file in the office of the city secretary. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-41. Amendments. The following amendments, modifications and deletions to the electrical code are made as follows: (a) All services shall be installed in rigid metal conduit or electrical metallic tubing, except that underground services or feeders may be run in approved duct and,except where overhead services or feeders run between two buildings within six feet of each other,shall be run in rigid metal conduit, electrical metallic tubing or approved busways.Where underground services or feeders are run in approved duct, a continuous grounding wire or cable shall be installed in this duct from metal to metal to make a continuous ground and the minimum size of this wire or cable shall be that required for grounding the alternating current circuits and service equipment or interior raceway and equipment, as the case may be.Where duct is used, it shall in no case be smaller than two inches inside diameter. Where duct is used, it shall be buried at least 18 inches below the ground surface.The portion of the service ahead of the meter cabinet shall not run through attic spaces.Where conduit fittings are used ahead of meter cabinets,the same shall be of sealable type and shall be plainly visible. In no case will the use of electrical metallic tubing or aluminum rigid conduit, be permitted within 12 inches of the ground. (b) Where meters are installed in inaccessible places in houses or buildings and the electric public service company desires to relocate such meter loops for convenience in the rendering of its service, it may upon request to the chief electrical inspector have a licensed master electrician reinstall meter loops to a point where the same would be located if the house or building were having a new system of wiring installed, and all such work so done at the request of the electric public service company shall be performed without cost to the owner; unless such relocation is the result of such wiring having been condemned by the chief electrical inspector for practices in violation of the provisions of this or any other ordinance of the city. (c) The meter cabinets and electrical metering equipment through which service is rendered by the electric public service company to domestic establishments and buildings combining domestic establishments with commercial or industrial usage shall be installed where readily accessible on the exterior of the building. Fireproof meter cabinets or meter sockets shall be supplied by the electric public service company and installed by the electrician performing the work,such meter cabinets to be located so the center of the opening for the meter dial shall be not less than five feet nor more than six feet above mean ground level and to be readily accessible to the electric public service company service.All service outlets shall be located so as to permit placing the electric public service company's wires on the wall of the building next to the supply and in no case should be lower than ten feet from the ground level. Hunters Creek Village,Texas,Code of Ordinances Created: 2024-12-16 09:40:53 [EST] (Supp. No.20) Page 1 of 3 (d) The electric public service company shall never require the placing of meters on the front or street side of a building without the written consent of the owner;and where it is not practical, in the opinion of the electrical inspector,to place metering devices on the exterior of the building,such location shall be at a point convenient to the electric public service company's service as determined by the electrical inspector. (e) Only insulated copper conductors may be used as the wiring method. (Ord. No. 2017-876, § 1, 6-22-2017; Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-42. Enforcement generally. The provisions of this article shall apply to and govern the supply of electricity and all sales, rentals, leases, uses, installations, alterations, repairs, removals, renewals, replacements, distributions, connections, disconnections and maintenance of all electrical equipment. For the purpose of this article,the term "electrical equipment" means all materials,wiring,conductors,fittings, devices,appliances,fixtures,signs and apparatus or parts thereof. The following activities are exempt from the provisions of this article: (a) The installation, alteration or repair of electrical generation,transmission or distribution equipment, but not utilization equipment, owned and operated by an electrical public utility company or the city. (b) Any work in connection with electrical equipment used for radio and television. (c) Any work associated with: (1) The repair of any plug-connected electrical appliances or devices; or (2) The repair of permanently connected electrical appliances or devices that have been electrically and mechanically disconnected and separated from all sources of electrical supply by a licensed electrician.The opening of switches or blowing or removal of fuses shall not be considered an electrical or mechanical disconnection or separation. (d) The installation or replacement of approved fuses. (e) The installation or replacement of pin-type lamps,screw-base lamps or plug-connected portable appliances. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-43. Registration of electricians. Any person doing electrical work in the city shall register their statewide license with the city secretary. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-44. Outdoor lighting restrictions. (a) It shall be unlawful for any person to cause or permit to be energized on property under his possession or control any outdoor lighting including, but not limited to, spotlights,floodlights or similar illuminating devices which project a glare or brightness, directly or indirectly, upon any lot,tract or parcel of land, other than that upon which such outdoor lighting is situated which annoys, disturbs,injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. Created: 2024-12-16 09:40:52 [EST] (Supp. No.20) Page 2 of 3 (b) All outdoor lighting in the city consisting of spotlights,floodlights or similar illuminating devices shall be installed, hooded, regulated,and maintained by the owner or person in control thereof in such a manner that the direct beam of any such light shall be cast downward so that it will not glare upon any lot,tract or parcel of land other than that upon which it is situated and so that it will not cause or permit any illumination from indirect lighting in excess of 0.5 footcandle in,on, or over the ground at or beyond the boundary of the lot, parcel or tract. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-45. Outdoor lighting permit and inspection—required. Any person desiring to install any outdoor lighting capable of illuminating, either by direct beam or spilled light on any property,shall first obtain any and all construction and installation permits required by other ordinances of the city and in addition shall obtain from the city building official or his designate an outdoor lighting permit to make such installation.The installation shall be made by a qualified electrician. Upon completion of such outdoor lighting installation for which the permit was granted,the electrician shall call for an inspection by the city building official to be made during hours of darkness with an accurate light meter,that shall be furnished by the electrician who made such installation. Both the building official and such electrician shall be present at the time such inspection is made.The fee for such inspection shall be as provided by the city's adopted fee schedule. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-46. Game court lighting. Notwithstanding any other provision of this article, it shall be unlawful for any person to construct, install or maintain any outdoor lighting designed or used for the illumination of a tennis court, paddleball court or other type game court unless all of the area occupied by such court is at least 100 feet from all boundary lines of the property upon which such court is situated. All outdoor lighting designed or used for the purpose of illuminating tennis courts, paddleball courts or other type game courts shall be extinguished not later than 10:00 p.m. and shall not be again turned on until after 8:00 a.m. of the following day. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Sec. 10-47. Exception. Sections 10-44 through 10-46 shall not apply to streetlights operated by or under the direction of the city. (Ord. No. 2017-876, § 1, 6-22-2017;Ord. No. 2022-919, § 1, 1-25-2022) Secs. 10-48, 10-49. Reserved. Created: 2024-12-16 09:40:52 [EST] (Supp. No.20) Page 3 of 3 ATTACHM ENT PART II-CODE OF ORDINANCES Chapter 54-OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE IX.OUTDOOR LIGHTING REGULATIONS ARTICLE IX. 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. (Ord.No.2097,§1(App.A),7-27-2020) Sec.54-216.Definitions. The following words,terms,and phrases,when used in this article,shall have the following meanings: Footcanle means the unit of measure used to quantify the amount of light received on a surface.One footcandle is the illuminance produced by a candle on a surface equal to one square foot,from a distance of one foot, Formatted:Font:Not Italic 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. 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. (Ord.No.2097,§1(App.A),7-27-2020) Sec.54-217.Violation declared. (a) fa)—It shall be unlawful for any person to cause or permit to be energized,on property owned or • Formatted:Numbered+Level:1 +Numbering Style:a, under his or her possession or control,any outdoor lighting which projects a glare directly upon any lot, b,c,...+Start at:1 +Alignment:Left+Aligned at: tract,parcel of land,or other private property other than that property upon which such outdoor 0.25"+Indent at: 0.58" lighting is situated. (b) All outdoor lighting in the city consisting of spotlights,floodlights or similar illuminating devices shall be installed,hooded,regulated,and maintained by the owner or person in control thereof in such a manner that the direct beam or any such light shall be cast downward so that it will not glare upon any lot,tract or parcel of land other than that upon which it is situated and so that it will not cause or permit any illumination from indirect lighting in excess of 0.4 footcandle in,on,or over the ground at or beyond the boundary of the lot,parcel or tract. (c1a) 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. (Ord.No.2097,§1(App.A),7-27-2020) West University Place,Texas,Code of Ordinances Created:2024-07-14 13.49:39[EST] (Stipp.No.45) Page 1 of 2 Sec.54-218.Enforcement. 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. (Ord.No.2097,§1(App.A),7-27-2020) 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 10 through January 30. (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. (b) Residential security lighting,such as motion activated flood lights are permissible under the following condition: (1) Lighting must be installed or shielded in a way that does not cause light glare onto other properties,in accordance with section 54-217. (2) Lighting in excess of section 54-217(b)must have motion sensor activation to cause to light to 4 (Formatted:Indent:First line: 0" exceed section 54-217(b)only when activated and to be reduced back to normal output within five minutes after activation has ceased,and the light shall not be triggered by activity off property. (Ord.No.2097,§1(App.A),7-27-2020) 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. (Ord.No.2097,§1(App.A),7-27-2020) Created: 2024-07-14 13:49:39[EST] (Supp.No.45) Page 2 of 2