HomeMy WebLinkAbout03202025 ZPC Agenda Item 5 City of
West University Place Community Development
To: The Zoning and Planning Commission
From: Chris Guess, Planning and Zoning Administrator
Date: March 20,2025
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. wzvw.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University
Place Community Development
• 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 angled 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 expectations 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 city:
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)
Staff Recommendation:
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 the
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.
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
City of
West University Community Development
Place p
Attachments:
1. Article IX. Outdoor Lighting Regulations (Current Ordinance)
2. Benchmark City Ordinances - The City of Bellaire, TX
3. (Proposed)Article IX. Outdoor Lighting Regulations
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
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)
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(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
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.
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(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
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(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
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) {a)—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 0.25 footcandle in,on,or over the ground at or
beyond the boundary of the lot,parcel or tract.
(cu) 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]
(Supp.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:
11) 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 • [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