A.

Generally. The purposes of this Article are to:

1.

Allow for the reasonable use of outdoor lighting;

2.

Minimize adverse off-site effects on other properties and habitat areas including light trespass and glare;

3.

Improve security through night-time visibility;

4.

Minimize the cumulative effects of excessive artificial lighting in an urbanized setting that detracts from enjoyment of the natural darkness and astronomical features of the night sky; and

5.

Conserve energy.

B.

Applicability. This Article applies to all installed outdoor lighting including replacement fixtures within the municipal boundaries of the City after the effective date of these regulations. This includes parking lot and interior lighting of open parking garages that shall comply with the requirements of Section 7.102, Nonresidential Lighting Standards. Individual lots that are developed with single-family detached and two-family dwelling units are subject only to Section 7.104, Single-Family and Two-Family Lighting.

C.

Exemptions. This Article does not apply to any of the following:

1.

Lighting within the public rights-of-way that is used principally to illuminate streets and sidewalks.

2.

Lighting of subdivisions or any new street light installation including any new street lighting installation within existing subdivisions, which is regulated by Article 6, Subdivision Design and Land Development.

3.

Lighting of signs, which is regulated by Article 5, Signs.

4.

Temporary lighting of construction sites.

5.

Seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.

6.

Unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA), towers or other structures requiring obstruction lighting at night shall be of the minimum luminous intensity oscillating red in color.

7.

Searchlights, lasers, or any similar high-intensity light are not permitted except in emergencies where temporary lighting is needed by police, emergency medical technicians, or fire personnel or for search team purposes.

8.

Lighting of designated historic landmarks, with appropriate historic lighting technology, as approved by the Historic Preservation Officer or Landmark Commission.

D.

Resolution of Conflicts. When the requirements of this Article conflict with lighting that is required by federal or state law, regulation or rule, then the federal or state requirements control but only to the extent of the specific conflict.

E.

Legally Non-Conforming Outdoor Lighting. All outdoor lighting existing or legally permitted prior to the effective date of adoption of this Article shall be considered legally non-conforming (grandfathered)

1.

Except for lamp replacement, no legally non-conforming luminaire may be repaired and/or modified to perpetuate its existence unless the repair and/or modification maintains conformance or makes the legally non-conforming luminaire conforming.

2.

If a lamp is available that makes a legally non-conforming luminaire conform or progress toward conformance to the required luminance level then such a lamp must be utilized when the lamp is replaced.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The maximum permitted illumination and the maximum permitted luminaire height shall conform to this Section. All light fixtures, except traffic signals, shall be located, aimed or shielded to minimize visible glare and stray light trespassing across property boundaries where a luminaire is installed.

1.

Prohibited Lighting. Mercury vapor lighting shall not be used in any lighting plans or site installations given the comparative brightness and aesthetic quality, operational life, cost-effectiveness, and ease of disposal of other lighting types.

B.

Fixture Type. Light fixtures shall be full cut-off fixtures that limit lighting that is visible or measurable at the property line, thereby minimizing light trespass and reducing glare. The use of energy-efficient bulbs is encouraged.

1.

Fixtures that are not full cut-off may be used only for decorative purposes provided that:

a.

They have luminaires that produce no more than 1,500 lumens (approximately equal to a 100-watt incandescent bulb); and

b.

They have a maximum height of 15 feet.

C.

Maximum Freestanding Fixture Height. No freestanding light fixture, or any lighting mounted to a structure, shall exceed a height of 25 feet.

D.

Maximum Illumination. Outdoor lighting shall be designed so that:

1.

The lighting is deflected, shaded, and focused away from adjacent properties and does not constitute a nuisance to such adjacent properties.

a.

For architectural and landscape illumination, luminaires must be shielded so as to illuminate only the intended target. If not possible, then the lighting is restricted to illuminating the intended target such that no stray light passes above the horizontal plane.

b.

For flag illumination, luminaires must be shielded so that light illuminates only the area about the flagpole, supporting structure, or projection from a structure on which the flag flies.

c.

Spotlights and floodlights elevated above the ground on poles, buildings, or other structures and used for area lighting must be adjusted so that their axis of illumination is at an angle not greater than 20 degrees measured from the vertical line between the fixture and the ground. This does not apply to outdoor recreational facilities addressed in Section 7.103.

2.

Any overspill of lighting over property lines does not exceed 0.3 foot-candle, measured vertically, and 0.3 foot-candle, measured horizontally, on adjacent properties.

3.

The ground-level luminance ratio (the ratio between the luminance of the brightest point on the property and the darkest point on the property) does not exceed 12:1.

4.

Activities should be conducted indoors within an enclosed structure if they require more illumination than the maximum level permitted for outdoor lighting in this Section.

For purposes of this subsection, the site boundary adjacent to a canal shall be considered 30 feet from bulkheads.

E.

Canopy Lighting. Canopy lighting for uses that have sheltered outside work or service areas, such as fueling stations, shall meet the standards of this Section. All luminaires shall be fully recessed into the canopy so that they cannot be viewed from off-site from an eye height of 4 feet to protect automobile drivers from glare.

F.

Outside Wall-Mounted Lighting. Outside wall-mounted lighting shall also comply with the standards of this Section except that lighting required by the FAA shall comply with federal standards.

1.

Lighting Under Awnings or Overhangs. Partially shielded, directional, wall lighting is permitted in locations beneath awnings or overhangs with a minimum depth of 48 inches and such that light does not directly radiate into the open sky and light trespass conforms to the maximum levels described in subsection 7.102.D, above.

G.

Glare. Glare associated with nonresidential uses shall be controlled through the following design and operational practices:

1.

Glare from Use. Glare from any process (e.g. arc welding or acetylene torch cutting) that emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line or from any point that would create a hazard for other occupants or visitors to the property on which the activity is taking place.

2.

Glare from Buildings and Structures. Buildings and structures shall be designed and oriented to avoid glare that materially interferes with the safe operation of streets.

H.

Operational Practices. Nonresidential and multifamily uses shall implement the following practices to satisfy the purposes of this Article:

1.

Reduced overnight lighting. Nonresidential and multifamily uses shall reduce outdoor lighting between the hours of 11:00 PM and sunrise by turning off any non-emergency lighting. Lighting reductions are not required for any of the following:

a.

With the exception of landscape lighting, lighting for residential properties including multiple residential properties not having common areas;

b.

When the outdoor lighting consists of only one luminaire;

c.

Code required lighting for steps, stairs, walkways, and building entrances;

d.

Motion activated lighting;

e.

Lighting governed by approval of a Specific Use Permit in which times of operation are specifically identified; or

f.

Businesses that operate on a 24 hour basis.

2.

Automated Teller Machine (ATMs) and night depositories. Lighting shall be fully shielded with maximum illumination of 270 watts per location plus 100 watts per additional ATM per location.

I.

Outdoor Lighting Plan. New nonresidential construction projects, new Commercial Parking Lot, Parking Structure—Incidental to Main Use, or Parking Structure—Mixed Use construction projects shall include an outdoor lighting plan. Plan Requirements:

1.

Site Plan. Indicating the fixture type and location of all freestanding light fixtures, canopy lighting, and any lighting mounted to a structure. Must include the height of light fixtures, distance from property lines, and the aiming and shielding details.

2.

Maximum Illumination. Map, diagram, or photometric survey depicting the overspill of lighting onto adjacent properties (if any) measured in foot-candles; and the ground-level luminance ratio.

3.

Glare. Description of the design and method of installation of light fixtures to minimize, shade, or focus light away from projecting over property lines.

4.

Operational Practices. Narrative or schedule describing practices that will be implemented to reduce overnight lighting.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Baseball diamonds, playing fields, driving ranges, tennis courts and similar recreation uses that remain active after sundown and have unique requirements for nighttime visibility. The standards of this Section, and not Section 7.102, Nonresidential Lighting Standards, shall apply to outdoor recreation uses.

B.

Fixture Type. Light fixtures for illumination of playing courts and athletic fields shall be "cut-off" fixtures that limit lighting that is visible or measurable at the property line.

C.

Maximum Freestanding Fixture Height. No freestanding outdoor recreation light fixture shall be greater than 80 feet in height.

D.

Maximum Illumination. Outdoor field and court lighting shall be designed so that:

1.

The lighting is deflected, shaded, and focused away from adjacent properties and does not constitute a nuisance to such adjacent properties.

2.

Any overspill of lighting onto adjacent properties does not exceed 0.5 foot-candles, measured vertically, and 0.5 foot-candles, measured horizontally, on adjacent properties.

3.

The installation of a landscape buffer mitigates any excessive overspill of lighting onto adjacent property beyond the limitations in subsection 7.103.D.2, above.

(Ord. No. 18-037, § 2, 6-21-18)

Outdoor lighting on single-family and two-family lots shall be designed so that:

A.

Fixture Type. Fixtures are shielded so that the light source is not visible from abutting properties, and so that the light cast on abutting properties does not exceed 0.1 foot-candles on the ground at the property line and on any window plane on the abutting property; and

B.

Operational Practices. Any motion sensor security lighting shall be pointed away from windows on abutting properties.

(Ord. No. 18-037, § 2, 6-21-18)

This Section is intended to provide special protection for beach and open water areas from excessive artificial lighting and glare, for the enjoyment and aesthetics of these resources, and to protect associated habitats and recreational activities. The standards of this Section apply to areas 50 feet landward of open water or public beach except for all permitted commercial fishing piers south of Seawall Boulevard and land south of Seawall Boulevard between 61 ^st Street and 45 ^th Street, 25 ^th Street and 19 ^th Street, and 10 ^th Street through Stewart Beach Park. For purposes of this Section, the site boundary adjacent to a canal shall be considered 30 feet from bulkheads.

A.

Structures On or Adjacent to Open Water. For such structures adjacent to Residential, Multifamily, or Nonresidential uses, light trespass onto adjacent properties shall not exceed 0.1 foot-candles.

B.

Standard for Certain Structures and Uses. Personal boat docks, boathouses, and marinas use shall conform to the standard of this subsection and not the standard of subsection 7.105.A, above, when adjacent to a subdivision canal bulkhead structure. In such cases, light trespass onto adjacent properties shall not exceed the following maximum levels at the property line or site boundary:

1.

Adjacent to Residential Use. 0.1 foot-candles.

2.

Adjacent to Multifamily or Nonresidential Uses. 0.2 foot-candles.

C.

Fishing Lights. All fishing lights (free standing or mounted to a structure) over or adjacent to open water shall be no taller than 20 feet from mean high tide, fully shielded and deflected, and shaded and focused away from projecting light over property lines. The use of fully submerged lighting fixtures is encouraged.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The City may require the modification, removal, or limited operation of existing or new lighting fixtures found to be a public hazard or public nuisance according to the criteria of this Section.

B.

Hazard. Criteria for finding illumination to be a public hazard are as follows:

1.

Light trespass or glare that is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.

2.

Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in their path.

C.

Nuisance. Criteria for finding illumination to be a public nuisance are as follows:

1.

Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of his property.

2.

A high frequency or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property.

3.

Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the City.

(Ord. No. 18-037, § 2, 6-21-18)

Full Cut-Off means the point at which all light rays emitted by a lamp, light source, or luminaire are intercepted by a shield that prevents their continuation.

Foot-Candle means a unit measuring the amount of illumination produced on a surface. One foot-candle is the amount of illumination falling on all points which are 1 foot from a uniform point source of one candle.

Glare means brightness of intensity sufficient to cause discomfort to a viewer and reduce the ability to see and, in extreme cases, to cause temporary blindness.

Illuminance means the amount of light falling on a surface measured in foot-candles.

Lamp means a source of light more commonly known as a bulb.

Lumen means a unit of luminous flux. One foot-candle is 1 lumen per square foot. For the purposes of this regulation, the lumen-output values shall be the initial lumen output ratings of a lamp. The lumen rating associated with a given lamp is generally indicated on its packaging or may be obtained from the manufacturer.

Luminaire means a complete lighting unit consisting of a lamp or lamps, together with any reflectors, refractors, diffusers, baffles, lenses, or other devices to distribute the light and with parts to position and protect the lamp and to connect the lamps to the power supply. Also known as a light fixture.

Night means the period of time between 30 minutes after sunset to 30 minutes before sunrise.

Open Water means any body of water directly connected to or part of the Gulf of Mexico or Galveston Bay not including navigable canals internal to subdivisions. Open water also includes areas adjacent to Sweetwater Lake, the Crash Boat Basin, Offatts/English Bayou, and Lake Madeline.

Partially Shielded means shielding so that the lower edge of the shield is at or below the centerline of the light source or lamp to minimize light transmission above the horizontal plane.

Public Beach means all areas seaward of the dune protection line and the area south of Seawall Boulevard, west of Ferry Road.

Shielding means a physical structure intended to restrict emitted light.

(Ord. No. 18-037, § 2, 6-21-18)