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
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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.