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HomeMy WebLinkAboutOrd 386 Amending the Unified Development Code relating to Outdoor LightingTOWN OF WESTLAKE ORDINANCE NO. 386 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY REPLACING SECTION 3, GLARE AND SPILLOVER LIGHTING INTO RESIDENTIAL PROPERTIES OF ARTICLE VII, PERFORMANCE STANDARDS WITH A NEW SECTION 3, OUTDOOR LIGHTING OF ARTICLE VII, PERFORMANCE STANDARDS, INSERTING NEW DEFINITIONS INTO ARTICLE XVI, DEFINITIONS; AND PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, an analysis of the Town's codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for highway commercial development; and WHEREAS, on January 11, 2001, the Planning and Zoning Commission of the Town of Westlake has recommended that the Zoning Ordinance as contained in the Unified Development Code be revised in accordance with the procedures and processes established in that code for the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by replacing Section 3, Glare and Spillover Lighting Into Residential Properties of Article VII, Performance Standards; with a new Section 3, Outdoor Lighting as follows: SECTION 3 OUTDOOR LIGHTING REQUIREMENTS 3.1 Applicability All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section, the Building Code and the Electrical Code of the Town of Westlake as applicable and under appropriate permit and inspection. These performance standards shall apply to all zoning districts in the Town of Westlake. 3.2 Outdoor Lighting Plan An Outdoor Lighting Plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights -of - ways, public easements, franchises and utility easements. Outdoor Lighting Plan shall be submitted prior to issuing a building permit. For non-residential development the Outdoor Lighting Plan must be approved by the Board. For residential development an Outdoor Lighting Plan may be approved administratively by the Town Manager or his designee. Plans shall include the following: A. A layout of the proposed fixture locations. B. The light source. C. The luminous area for each proposed light source with photometrics in foot candle measurement. D. The type and height of the light fixture or of the light source above grade. E. The type of illumination. 3.3 General A. Unless otherwise provided herein, illumination, where required by this Ordinance, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended. B. Unless otherwise provided herein, all building lighting for security or aesthetics will be fully shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with SO° cut-off. C. No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one - tenths (0.1) of one foot-candle of light measured at the residential property line and twenty-five hundredths (0.25) of one foot-candle at any adjoining non-residential property line. D. Mercury Vapor lights and halogen lights are prohibited. E. Shielding shall be required in all outdoor lighting installations as specified below. Lamp Type Low Pressure Sodium (LPS) Shielding Fully Shielded, with 80° cut-off High Pressure Sodium (HPS) Fully Shielded, with 800 cut-off Metal Halide Fully Shielded, with 80° cut-off Halogen Prohibited Mercury Vapor Prohibited Fluorescent Fully Shielded, with 80° cut-off Incandescent Fully Shielded, with 800 cut-off Any light source 50 watts and under Unshielded Permitted Low intensity Neon, Krypton or Argon Discharge Tubes Unshielded Permitted 3.4 IIumination A Measurement: Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods B. Computation of Illumination: Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects. C. Limitations on neighboring _prove rty. The limit of illumination on neighboring property from one (1) establishment shall be by zoning of the neighboring property. Maximum computed or measured foot-candles at the neighboring property line shall not exceed: 3.5 Non-residential A All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for site security. B. Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes. C. Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 foot-candle nor a minimum illumination value of 1.0 foot-candles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 20 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval by the Board. D. Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area. E. Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the establishment property shall not exceed twenty (20) foot-candles outdoors at any point, with the exception of parking lots. F. Effect of interior lighting: Included in the outdoor lighting plan shall be a plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of Horizontal Single-family and two-family residential districts. 0.1 Non-residential districts 0.25 3.5 Non-residential A All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for site security. B. Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes. C. Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 foot-candle nor a minimum illumination value of 1.0 foot-candles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 20 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval by the Board. D. Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area. E. Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the establishment property shall not exceed twenty (20) foot-candles outdoors at any point, with the exception of parking lots. F. Effect of interior lighting: Included in the outdoor lighting plan shall be a plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of window shading, window tinting, structural screening, and operational management of interior lights. 3.6 Residential A. All non-essential lights exceeding 50 watts shall be turned off after 11:00 p.m., leaving only the necessary lighting for site security. B. Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes. C. Barns, out -buildings and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. D. Limitations on establishment property_ The maximum outdoor initial computed or measured illuminant level on the residental property shall not exceed ten (10) foot-candles outdoors at any point. E. Illumination levels exceeding ten (10) foot-candles will be permitted upon approval by the Board. 3.7 Public and Semi -Public Recreational Facilities Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met: A. Any illumination level exceeding a maximum of twenty (20) foot-candle must receive prior approval by the Board. B. All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up light, spill - light, and glare. C. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. 3.8 Prohibited A. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. B. Searchlights: The operation of searchlights for advertising purposes is prohibited. C. Floodlights: The use of floodlights is prohibited. D. Up lighting of display, building and aesthetic lighting is prohibited. E. Halogen lights F. Mercury Vapor Lights 3.9 Exemptions A All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries. B. All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task. C. Any luminarie of 50 watts or less provided the accumulated illumination of 50 watt luminaries does not exceed 50 watts. G. Seasonal decorative lighting 3.10 Temporary Exemptions A. Upon approval by the Board temporary exemptions from the requirements of this ordinance for a period not exceed 30 days. B. Any person may submit a written request, on a form prepared by the Town for a temporary exemption request. The request shall contain the following information: 1. Specific exemption (s) requested 2. Type/use of outdoor lighting fixture involved 3. Duration of time requested 4. Type of lamp and calculated foot-candles 5. Total wattage of lamp(s) 6. Proposed location of fixtures 7. Previous temporary exemption requests 8. Physical side of fixtures and type of shielding provided 9. Such other data or information as may be required by the Town Manager's designee. C. Requests for renewal or exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than fourteen (14) days or a time period designated by the Board.. D. Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture. E. Roadway lighting is not eligible for exemption. 3.11 Non -Conforming All luminaries lawfully in place prior to the date of the Ordinance shall be considered as having legal non -conforming status. However, any luminary that replaces a legal non -conforming luminary, or any legal non -conforming luminary that is moved, must meet the standards of this Ordinance. SECTION 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by inserting the following definitions into Article XVI, Definitions_ Cut -Off, Eighty Degree (801); A fixture that allows no emission above a horizontal plane through the fixture. sa a�-ori Fixture: The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or defractor (lens), the ballast, housing and attachment parts. Foot-candle: A unit of illuminant amounting to one lumen per square foot. Fully Shielded: A luminary constructed or shielded in such a manner that all light emitted by the luminary either directly from the lamp or indirectly from the luminary, is projected below the horizontal plane through the luminary's lowest light emitting part as determined by photometric test or certified by the manufacturer. Glare: Direct lighting emitted from a luminary that causes reduced vision or temporary blindness. Halogen Lamp: Also known as tungsten -halogen, is a specialized type of incandescent lamp which has a significantly hotter filament than conventional incandescent lights. Rather than filling the bulb with an inert gas, the halogen bulbs use a highly reactive element. The resulting reaction produces a significantly brighter light and at extremely high temperatures. High Pressure Sodium (HPS): A high intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 tore). HPS is essentially point source light. Horizontal Plane: A line horizontal to the lowest point on the fixture from which light is emitted. IESNA: Illuminating Engineering Society of North American Incandescent Lamp: Any lamp that produces light by heating a filament through use of an electric current. Light Source: A device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a iiminary. Light Trespass: Light from an artificial light source that is intruding into an area where it is not wanted or does not belong. Low Pressure Sodium (LPS): A discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure (about 0.001 tore). LPS is a "tube source" monochromatic light. Luminary: A device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Luminance: The physical quantity corresponding to the brightness of a surface (e.g. lamp, luminary, sky, or reflecting material) in a specified direction. It is the luminous intensity of an area of the surface divided by that area. The unit is a candela per square meter. Mercury Lamp: A high intensity discharge lamp where light is produced by radiation from mercury vapor. Metal Halide Lamp: A high intensity discharge lamp where light is produced by radiation from metal halide vapor. Partially Shielded: Shielding so that the lower edge of the shield is at or below the centerline of the light source or lamp so as to minimize light transmission above the horizontal plane, or at least 90% of the emitted light projects below the horizontal plane as evidenced by the manufacturer's photometric data. Photometric: Quantitative measurements of light levels and distribution. Shielding: A physical structure intended to restrict emitted light. Spill light: light emitted by the lighting installation that falls outside the boundaries of the property on which the installation is sited. Non-essential lighting: Lighting that is not required to insure the security, safety and the general welfare of the public and the premises. Value measurement, maximum: Represents the measurement of light measured horizontal to the ground and three feet from the ground and directly beneath the light source. Value measurement, minimum: Represents the measurement of light measured horizontal to the ground and three feet from the ground and midway between light sources. Minimum values are also the measurements taken for inside structure measurements or in areas of generally uniform coverage such as canopies, ballfields, tennis courts, etc. r � { ♦ a ti ♦ f t { k f { m value measured directly the light source. Minimum values measured midway between light sources. SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 6: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars (52,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 22ND DAY OF JANUARY, 2001. ATTEST: Ginger C sswy, Town Secret Dy APPROVED'AS TO FORM: L. AW06 LoW, Town -'Attorney R Scott Bradley, Mayor Trent Petty, Town Maer f111111i;=1#I+ia� I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 386 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published was April 3, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS 0 COUNTY OF TARRANT § Pam Nolte this 24th day of April, 2001, to certify which witness my hand and seal of office. Notary Public, State of Texas Printed Name of Notary My commission expires t.Of� 0 Y * ffi?At�°�'1Q93G 63f i ar�vv�rcvmv�- u oe opened dna pacified time. All welcome to at- TOWN OF WESTLAKE !cations and bid ie obtained from ORDINANCE NO.388 ing Departm'ant 1 address or by ,An ordinance of the Board of m. Deby Woodard Aldermen of the Town of ;15. Westlake, Texas, declaring a moratorium from the effective date of this ordinance and ��°�� continuing until June 11, 2001, at 11:59 P.M., on the issuance, acceptance or ap- NOTICE I proval of any permits, appli- DR PROPOSAL cations, site plans, zoning amendments, preliminary Independent plats and ,final plats on any V rict will accept outdoor lighted recreational )sats for Consul- facilities in the Town of West- >loyee Benefits lake zoned-R-0.5, R-1, R-2, and R-5; directing the Town dependent Manager and his designees )I District of the Town of Westlake to g Department conduct investigations in ' er Parkway conjunction with the compati- . exas 76248 bility of any outdoor lighted recreational facilities regula A.M., May 8, tions within the R-0.5, R-1, R- r Independent 2, and R-5 zoning districts to It is requesting the overall growth, develop- r Consultant to ment, land use, health, safety trici in selection, and welfare of the Town and monitoring and report to the Planning and n of the school Zoning Commission and the When - cones to sellinggyour , doyee' benefits Board of Aldermen as expe ifs will include ornm n as possible his rth in goes hlife h ranee, Cancer, ommendations relating to the e Heart, Dental, R-0.5, R-1, R-2, and R-5 zon- Cafeteria plans ing regulations; providing for elassifiedsol Get the la 7 oia 3r pertinent em- a method of repeal of this fit. Keller Inde- moratorium; providing a sev- road us pool District Is arability clause; and provid-today. •nsultant for Em- ing that this ordinance shall :fits for a one- take effect immediately upon AUTOMOTIVE S th the ability to passage. ✓ r additional one- onsists of: PUBLIC NOTICE Call 817,431-2231 Independent TOWN OFWESTLAKE triInct hasendent ORDINANCE NO. 385 @Cars o 100 employees. An Ordinance of the Town of independent >trict has an Westlake, Texas, regulating .� the location of'places of busi- )f over 17,000 Hess which derive more than @Trueks seventy five percent of their gross sales from the on >t for Proposal premise sale of alcoholic ` be obtained b beverages in the Town of ie following of- Westlake, Texas, regulating o RV 9 Woodard, sales of alcoholic beverages within prescribed distances sing Agent end ntt School of churches, public schools,Deadline its noon on Fr !strict and hospitals; providing a ar Parkway savings clause, providing a ' 76248 severability clause; and pro- eras axes 762 viding an effective date. 514 ;endent School Sell i ves the right to Am formality and to THE KELL R all proposals. CITIZEN 01 ile *.,Mvelter eRtgen TIE mailed FREE; ''O BIDDERS to over )st independent 20,60 :t is now accept- )ids for Library addresses in PUBLIC NOTICE PUBLIC TIE PUBLIC NOTICE P01-04-011 until ay 4, 2041. Bids Koller Roanoke ed at the spec!- ' ' TOWN OF ESTLAKE TOWN OF WESTLAKE TOWN OF WESTL AKE : date in the Pur- Haslet, Trophy ORDINANCE NO, 382 ORDINANCE NO, 364 ORDINANCE NO. 386 a, Room #118, Highway 114,Itgb Westlake An Ordinance of the Town of An Ordinance of the Town of An ordinance amending the ;247_ „f, Westlake, Texas, amending Westlake, Texas, amending comprehensive zoning ordi- and Marshall the Comprehensive Zoning Article VIII of the Engineering nance of the Town of West- aecifications, and Ordinance of the Town of Standards and certain sec- lake, Texas by replacing nay be obtainedCrool6 Westlake, Texas, by granting tions of Articles XIII, subdivi- Section 3, glare and spillover yce Polson, Pur- a special use permit for apri- sions, and XVI, definitions, of lighting into residential prop Agent,vate paluxy water well, locat- the unified development code erties of Article VII, perfor- 5 For Advertising ed at 4101 Aspen Lane; pro- relating to utility duct banks mance standards with a new viding r for a ,severability as adopted by Ordinances Section 3, outdoor lighting of eserves the' ht information Call clause; providing for a penal- 321, 344, 357, 361, and 363; Article Vil, performance stan-` rr reject any/all ty of a fine not to exceed the providing for a penalty; pro- dards; inserting new defini- waive technicaf- 817-431-2231 sum of Two Thousand viding a severability clause; tions into Article XVI, defini- �$2,000.00) dollars; providing providing a savings clause; tions; and providing for a sev- ror injunctive relief; and pro- and providing for an effective arability clause; providing for viding for an effective date, date. a savings clause; providing for a penalty clause; and pro- viding for an effective date.