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Home My WebLink About05082025 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: May 08,2025 Re: Discussion Item - 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. WWW.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 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 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 "footcandles" 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 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. 3826 Amherst St. unvzv.zvestutx.gov West University Place, TX 77005 713-662-5830 • - ity of West University Place Community Development Attachments: 1. Article IX. Outdoor Lighting Regulations (Current Ordinance) 2. (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) 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 conditions: 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 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: Footcanide 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. fa) 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 0.25 footcandle in,on,or over the ground at or beyond the boundary of the lot,parcel or tract. (cb) 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: 2024-97-14 13,49:39[EST] (5upp.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. 12) 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