Magnolia City Zoning Code

The purpose of this Article is to ensure that:

1. Each sign user has a reasonable opportunity to provide information, identification, and/or direction to a use or property;
2. The reasonable, orderly, and effective display of outdoor nonresidential and residential messages is consistent with all relevant National or State programs to protect the public investment in highways;
3. The unique “small town” character and quality of the City, which is essential to its economic, cultural, and social welfare, is protected and preserved;
4. The safety of the public and the viability of nonresidential corridors are promoted by reducing:
   1. Sign clutter;
   2. Conflicts between and among signs; and
   3. The incidence of certain design elements that tend to distract motorists;
5. The character of the community is protected by requiring the proper maintenance of signs and the removal of abandoned or dilapidated signs;
6. The number, size, scale, proportions, design, and balance of signs are regulated according to content-neutral standards that are based on architectural quality and character; and
7. The beauty, visual aesthetic, and general attractiveness of the City is maintained and enhanced and thus, the economic prosperity of the City and region is positively influenced.

Effective on: 1/1/1901

The City Council finds that:

1. The City has the authority to regulate signs under the United States Constitution, the Constitution of the State of Texas, and the City of Magnolia;
2. This Chapter advances important and substantial governmental interests;
3. The regulations set out in this Chapter are unrelated to the suppression of constitutionally-protected free expression and do not involve the content of protected messages that may be displayed on signs;
4. The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this Chapter; and
5. Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful and accessible to minors may be prohibited.

Effective on: 1/1/1901

1. Generally. All construction, relocation, enlargement, alteration, and modification of signs within the City and extraterritorial jurisdiction shall conform to the requirements of this Chapter and all State and Federal regulations concerning signs and advertising, and applicable building codes as adopted by the City in Chapter 14, Buildings and Building Regulations, City of Magnolia Code of Ordinances, as may be amended from time to time. Approval of a sign shall be by sign permit, which may be issued with a building permit.
2. Design Requirements. All signs shall comply with the general design requirements of Section 6-1-2.08, Sign Maintenance, except as provide in this Section.
3. Signs That Do Not Require Permits. Flags that display a noncommercial message, provided that:
   1. Not more than three flagpoles (which may be vertical or mast arm) are installed on a lot or parcel separated by a minimum of 50 linear feet; and
   2. The total area of flags does not exceed 45 square feet (e.g., one flag that is five ft. by nine ft. or three flags that are three ft. by five ft. each).
4. Exempt Signs. The following are exempt from the application of this Chapter, but may be subject to building or electrical codes or other Articles of this UDC if they involve structures or equipment that are regulated by such codes or other Articles:
   1. Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency;
   2. Temporary signs designed to call the attention of the public to any detour or public danger;
   3. Changing of copy on a message center (electronic or manual) as set out in Section 6-1-2.04, Message Centers;
   4. Painting and routine maintenance of sign structures and supports, if the sign area is not increased and no structural improvements, alterations, or replacements are made;
   5. Signs that are carried by people (however, such signs are not exempt if they are not set down or propped against objects);
   6. Signs that are not visible from abutting property or public rights-of-way;
   7. Signs that are affixed to a building wall within five feet of the principal entrance to the building that are:
      1. Not more than five square feet in area; and
      2. Are not legible from the street.
   8. Signs that are less than one square foot in area, that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, or utility cabinets; and
   9. Holiday decorations that are displayed for not more than two months per year.
   10. Off-premise, temporary, directional signage. For standards and requirements, see Section 6-1-4.01 Temporary Signs. Such signage is inteded to be removed at the end of the related event on the sign face, e.g. - extended model home/open house or long-term public offerings.
5. Exemption for Addressing. The City Council finds that the posting of addresses of buildings in locations that are visible from the street is necessary for the effective delivery of public safety services, including E-911. The efficient and timely delivery of emergency services is a compelling governmental interest. Accordingly, the City requires that street addresses shall be posted as follows:
   1. For nonresidential uses, street addresses shall be posted at:
      1. All primary building entrances; and
      2. On detached signage if the address on the building is not visible from the street.
   2. For residential uses, street addresses shall be posted:
      1. On the façade of the building that faces the street from which the address is taken; and
      2. On the mailbox or mailbox support, if the mailbox is detached from the building.
   3. Because address signs are required, numbers and letters used for addressing are not included in the calculation of sign area if they are not more than 14 inches in height.
6. Signs Permitted Before Effective Date. If a permit for a sign has been issued in accordance with all City ordinances in effect prior to the effective date of this UDC, and provided that construction is begun within six months of the effective date of this Chapter and diligently built to completion, the sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, to the provisions of this UDC regarding nonconforming signs. See Division 9-1-3, General Regulations.

(Ord. No. O-2017-031, 12/12/2017; Ord. No. O-2020-026, 10/13/2020) 

Effective on: 10/13/2020

1. Generally. The regulations of this Chapter shall be applied using the measurements set out in this Section.
2. Sign Area. Sign area is calculated as follows:
   1. Generally. The area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign’s message from the background against which it is placed, excluding the structure upon which the sign is placed; but including any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether or not this open space is enclosed by a frame or a border (see Figure 6-1-2.01.1, Sign Area, Generally).

1. 2. Double-Faces. For projecting or double-faced signs, only one display face is measured in computing sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that the signs are mounted on the same structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face (see Figure 6-1-2.01.2, Sign Area, Illustration of Double-Faced Signs).

3. Clearance. Clearance is the distance between the bottom of a sign and the nearest point on the surface under it (see Figure 6-1-2.01.3, Sign Clearance).

4. Sign Height.
   1. Generally. Sign height is the distance from the average grade of the surface under the sign to the top of the sign or sign structure, whichever is higher. However, chains or brackets that suspend a shingle sign from a horizontal plane of the building, awning, or canopy are not counted, provided that:
      1. There are no more than three chains or brackets used in the mount, and
      2. The chains or brackets are less than three inches in width.
   2. Monument Signs. The height of monument signs is measured as provided in Subsection D.1., unless the surface under the sign is lower than the centerline of the abutting street, in which case the height is measured from the average elevation of the centerline of the abutting street along the frontage of the parcel for which the sign is proposed to the top of the sign or sign structure, whichever is higher (see Figure 6-1-2.01.4, Monument Sign Height).

Effective on: 1/1/1901

1. Prohibited Signs. The following types of signs are prohibited:
   1. Abandoned signs. Abandoned signs shall be subject to Abandonment as defined in Article 14-3 Definitions of this UDC, and for purpose of signs exclusively, shall be 60 days from the date of the action that caused the sign use to be considered abandoned. At the end of the 60 days, the City may require any nonconforming sign use to cease permanently and/or the sign to be removed the by the property owner. 
   2. Signs that advertise a use that is not legally established.
   3. Off-premise signs.
   4. Inflatable signs.
   5. Parasitic signs, as defined in Article 14-3. Also, signs attached to or located upon exposed amenities such as benches, trash containers or fences.
   6. Feather flags.
   7. Wind socks.
   8. Portable or wheeled signs.
   9. Vehicle sale signs. Vehicles used as sale signs, unless used as a design element approved by Administration. 
   10. Flashing, blinking or traveling lights.
   11. Any sign or sign structure determined by the Administrator to be:
       1. Structurally unsafe; or
       2. A hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
   12. Any sign that is illegal under State and Federal law.
2. Prohibited Design Elements. The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent:
   1. More than two sign faces. Other than opposing front and back.
   2. Back-lit or plastic awnings.
   3. Handmade signs.
   4. Bare light bulbs, except on holiday displays which comply with the applicable standards of Section 6-1-1.03, Application.
   5. Flashing light bulbs, except on holiday displays which comply with the applicable standards of Section 6-1-1.03, Application. 
   6. Mirrored surfaces that are larger than two square inches or that create a traffic hazard.
   7. Sound, smoke, particulate, or odor emitters.
   8. Spinning parts.
   9. Stacked products (e.g., tire, soft drink cases, bagged soil, or mulch) using product(s) as a sign.
   10. Unfinished wood support structures, except that stake signs may use unfinished stakes.
   11. Flags, banners, or comparable elements that are designed to move in the wind, but only when such elements are attached to another sign type (e.g., flags may be attached to flagpoles, but may not be attached to monument signs).
   12. Motor vehicles, unless:
       1. The vehicles are functional, used as motor vehicles, and have current registration and tags;
       2. The display of signage is incidental to the motor vehicle use; and
       3. The motor vehicle is properly parked in a marked parking space or is parked behind the principal building.
       4. Unless Architecturally significant; determined by Administrative review.
   13. Semi-trailers, shipping containers, or portable storage units, unless:
       1. The semi-trailers, containers, or portable storage units comply with the standards of this UDC, are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags;
       2. The display of signage is incidental to the use for temporary storage, pick-up, or delivery; and
       3. The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
   14. The following classifications of text and/or graphics:
       1. Text or graphics which are not constitutionally protected speech because they are obscene, fighting works, defamation, incitement to imminent lawless action, or true threats.
       2. Text or graphics which are not constitutionally protected because they present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words “Stop”, “Yield”, “Caution”, or “Danger”, or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
       3. Text or graphics that include “material harmful to minors”, which may be prohibited in areas that are accessible to minors.
       4. Signs that advertise illegal activities.

(Ord. No. O-2017-012, 07/11/2017) 

Effective on: 7/11/2017

1. Generally. Attached signs shall be installed on signable areas of buildings, as defined by Section 6-1-2.01, Measurements. Detached signs shall be set back as required by Section 6-1-3.03, Freestanding Sign Setbacks.
2. Attached Signs. In no event shall a sign, whether temporary or permanent, be posted, installed, or mounted on any of the following locations:
   1. Trees.
   2. Utility poles or light poles, unless for a substantial interest of the City or a public or semi-public entity authorized by the City:
      1. The sign is a banner that is not more than 24 inches in width and 48 inches in height;
      2. The banner is attached to the top and bottom to brackets that project not more than 30 inches from the light pole;
      3. There is at least eight feet of clearance under the banner;
      4. If the pole is owned or maintained by a utility company, the utility company has granted permission for the brackets to be mounted on the pole; and
      5. The utility or light pole is on the property of the person or entity that posts the banner.
   3. In or over public rights-of-way, except:
      1. Traffic control signs installed by a governmental entity or which are required to be installed by a governmental entity;
      2. Signs posted by governmental entities that support emergency management; and
      3. Banners posted by the City on utility or light poles according to the standards of Subsection B.2., above.
   4. In sight distance triangles around intersections which must remain clear for public safety purposes.
   5. In any location that obstructs the view of any traffic control sign, traffic light, or street sign.

Effective on: 1/1/1901

1. Generally. Manual message centers may be used in detached signs and marquee signs to a limited degree, pursuant to the applicable standards of this Section.
2. Removal of Portable Changeable Copy Signs. If a message center is incorporated into a new or existing sign, then all portable message center signs shall be removed from the property upon completion of the new or modified sign as a condition of the sign permit.
3. Manual Changeable Copy Message Centers. Manual changeable copy signs may be incorporated into signage as follows:
   1. Manual changeable copy message centers are only permitted on monument signs or marquee signs which enclose the message center component on all sides with a finish of brick, stone, stucco, or sign face that extends not less than six inches from the message center in all directions.
   2. Manual changeable copy message centers, including their frames, shall make up not more than 50 percent of the sign area. The balance of the sign area shall utilize permanently affixed letters or symbols (see Figure 6-1-2.04.1, Manual Changeable Copy Centers).
   3. Manual changeable copy message centers shall not be internally lit unless:
      1. They use opaque inserts with translucent letters, numbers, or symbols (see Figure 6-1-2.04.2, Changeable Copy Inserts);
      2. Blank opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and
      3. The opaque portion of the letters, numbers, and symbols is the same color.
4. Electronic and LED signs
   1. Each message on an electronic sign must be displayed for at least eight seconds. A change of message must be accomplished within two seconds and must occur simultaneously on the entire sign face.
   2. An electronic sign must:
      1. contain a default mechanism that freezes the sign in one position if a malfunction occurs; and
      2. automatically adjust the intensity of its display according to a natural ambient light conditions.
      3. If the City finds that an electronic sign causes glare or otherwise impairs the vision of the driver of a motor vehicle or otherwise interferes with the operation of a motor vehicle, the owner of the sign, within 12 hours of a request by the City, shall reduce the intensity of the sign to a level acceptable to the City.

(Ord. No. O-2017-012, 07/11/2017)

Effective on: 7/11/2017

1. Generally. Monument signs may be illuminated only by a reflected or internal light source.
2. Shielding of Light Source/Prevention of Glare. The source of light shall be oriented or otherwise controlled to prevent glare toward any part of an existing residence, a residential area, or a public street or highway.
3. Code Compliance. Illuminated signs shall be constructed in accordance with all applicable electrical codes.

Effective on: 1/1/1901

Mounds or berms may be used to elevate permanent monument signs, provided that the mound or berm elevates the base of the sign not more than three feet above the natural grade at the location of the sign. The berm will not be included when calculating the height of the sign, rather "at grade" will begin where the base of the sign meets the berm. 

(Ord. No. O-2017-012, 07/11/2017)

Effective on: 7/11/2017

1. Construction. All permanent signs must be in compliance with the provisions of the building and electrical codes that are adopted by the City.
2. Identification. Every permanent sign shall be marked, in a conspicuous place, with the name of the sign installer and manufacturer, and the voltage of any electrical apparatus used on it.

Effective on: 1/1/1901

1. Generally. Signs and the ground area around signs shall be maintained as provide in this Section. These regulations apply to all signs, temporary signs or permanent, attached or detached, unless otherwise specifically provided in this Section.
2. Upkeep of Ground Around Sign. No person constructing, erecting, owning, or controlling a monument or pylon sign shall fail, refuse, or neglect to remove all weeds, rubbish, or flammable waste or material within a distance of 10 feet on each side of the base of such structure.
3. Sign Structure, Generally. No person shall fail to keep a permanent sign and its structural supports in good repair and safe condition. This Section shall be enforced as provided in Division 6-1-2, General Design and Maintenance Standards.
4. Paint and Finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not part of the original design.
5. Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed.
6. Corrosion and Rust. Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements is not considered rust.
7. Level Position. Signs that are designed to be level shall be installed and maintained in a level position see Figure 6-1-2.08, Level Position).

8. Damage or Destruction. Damaged signs and sign structures shall be promptly repaired (to their original condition or better) or removed. Damaged or destroyed nonconforming permanent signs are subject to the applicable requirements of Chapter 9, Nonconformities. Damaged or destroyed temporary signs shall be removed.

Effective on: 1/1/1901

1. Generally.
   1. There are many forms of attached signs. This Section sets out which forms of attached signs are allowed and the standards that apply to them.
   2. Attached signs that are not listed in this Section are not allowed.
2. Relationship Between Maximum Sign Area and Maximum Signable Area Ratio. Where both a maximum sign area and a maximum signable area ratio are set out, the standard that results in the least sing area applies.
3. Residential, Multifamily and Agriculture Uses.
   1. The standards of Table 6-1-3.01.1, Permissible Attached Sign Types for Residential, Multi-Family, and Agriculture Uses, apply to multi-family and nonresidential uses.
   2. Attached signs are not allowed on residential or home uses, except for required address signs as set out in Section 6-1-1.03, Application.

(Ord. No. O-2017-026, 11/14/2017; Ord. No. O-2018-010, 08/14/2018)

Effective on: 8/14/2018

1. Generally. There are many forms of freestanding signs. Table 6-1-3.02, Permissible Freestanding Sign Types, and the balance of this Section, set out which forms of freestanding signs are allowed for uses and the size and height standards that apply to them.

2. Additional Standards for Limited Sign Types. Sign types that are indicated at “L” in Table 6-1-3.02, Permissible Freestanding Sign Types, shall comply with the applicable additional standards set out in this Subsection.

(Ord. No. O-2017-026, 11/14/2017) 

Effective on: 11/14/2017

1. Generally. Freestanding signs shall be set back from property lines and other uses as provided in this Section.
2. Setback from Property Lines.
   1. Front and Side Street Setbacks. Along street frontages, signs shall be set back from street property lines the greater of:
      1. 10 feet; or
      2. Two feet for each foot of sign height.
   2. Side and Rear Setbacks. Signs shall be set back from side and rear lot lines according to the interior side and rear setback requirements that apply to principal buildings.
   3. Line of Sight/Safety Requirements. The Administrator or designated appointee shall review the line of sight from a safety perspective to ensure that signs do not obstruct views from travel lanes of public streets in a manner that would create an unsafe condition.
3. Additional Setbacks from Uses.
   1. No permanent freestanding sign shall be constructed:
      1. Within 200 feet of a public park, or a publically owned parcel that contains or could contain a public building, or public school facility;
      2. Within 200 feet of a parcel that contains a private school;
      3. Within 200 feet of any historical site; or
      4. Within two times the height of the sign from the nearest point of entrance into any area used for residential purposes.
   2. This requirement may be waived for development on existing lots if:
      1. The development cannot comply with the terms of the Subsection because of the existing geometry of the lot;
      2. The existing building is set back more than 25 feet from the edge of pavement; and
      3. The setback from the uses listed in Subsection B.1., above is as large as is practicable in order to give effect to other setback requirements of this Section.

Effective on: 1/1/1901

1. Generally. There are many forms of temporary signs. This Section sets out which forms of temporary signs are allowed by use and the size and height standards that apply to them. Sign types that are not listed in Table 6-1-4.01, Permissible Freestanding Sign Types, are not permitted as freestanding signs.
2. Banners. Freestanding Banners are premitted for use to inform the public of special events. Banners are permitted for use in residential and nonresidential districts provided that:
   1. There is only one banner per site, or no more than one banner every 400 feet of frontage, whichever is less;
   2. The banner is firmly attached to supports to provide for safety of motorists and pedestrians;
   3. The banner compies with the standards of Section 6-1-2.03 Prohibited Sign Locations with the exception of fences; a temporary freestanding banner may be placed on a fence, with permission of the fence owner, to ensure line of sight/safety requirements if approved by the Administrator;
   4. The area of the banner is no larger than the sign area allowed for a monument sign, Table 6-1-3.02 Permissible Freestanding Sign Types for the same site.
   5. No banner is displayed for a period of more than 30 days every six months.
3. Setbacks. All temporary signs shall be set back at least five feet from all property lines. Temporary signs that are not visible from public right-of-ways or abutting property are not restricted by this Section.

4. Sidewalk Signs. Sidewalk signs are permitted in areas where they are indicated with an “L” in Table 6-1-4.01, Permissible Freestanding Sign Types, if it is demonstrated that:
   1. The sign is located within three feet of the building or the outside edge of the sidewalk; and
   2. There is at least six feet of clear sidewalk area for pedestrian use;
   3. The sign is located in front of the use to which it is associated.
5. Off-premise directional sign. Off-premise directional signs are permitted in areas where they are indicated with an “L” in Table 6-1-4.01, Permissible Freestanding Sign Types.
   1. Off-premise directional sign means a sign whose message is exclusively limited to guiding the circulation of motorists or pedestrians to the site on the sign.
   2. Off-premise directional signs are valid for 180 days. At the end of that time, a new permit will be required. It is the intent of the City of Magnolia that off-premise directional signs be temporary and not permanent.
   3. Off-premise directional signs are not permitted to be greater than 8 feet in height or greater than 30 square feet in face area.
   4. The process for obtaining an off-premise sign permit is generally the same as obtaining any other sign permit. A permit application is available online or in the Permit Office of City Hall.
   5. Each permit application must include a drawing showing the proposed location with respect to the property corners and the adjacent street right-of-way, the drawing must demonstrate that the proposed location lies outside the right-of-way and visibility triangle.
   6. The proposed location of the off-premise directional sign must be along the route of the destination indicated on the sign and must be approved by the Unified Development Code Administrator with respect to number of directional signage needed. Excessive signage is discouraged.
   7. Sign installers must ensure that the location lies outside any public right-of-way.
   8. A letter of no objection from the property owner granting permission for the placement of the off-premise sign is required.

 (Ord. No. O-2017-012, 07/11/2017; Ord. No. O-2020-026, 10/13/2020; Ord. No. O-2022-008, 04/12/2022)

Effective on: 4/12/2022

1. Generally. Attached temporary signs are permitted subject to the standards in this Section.
2. Banners. Banners are permitted for in the SV and AC districts, provided that:
   1. There is only one banner per principal building;
   2. The banner is attached to the principal building, and complies with the standards of Section 6-1-2.03, Prohibited Sign Locations;
   3. The sign area on the banner is not larger than the sign area allowed for a wall sign on the building upon which the banner is attached; and
   4. No banner is displayed for a period of more than 30 days every six months.
3. Sock Signs. Sock signs are permitted for in the AC district, and may be installed upon issuance of a building permit for a permanent sign, and may remain in place for not more than 30 days. Such signs shall have a sign area that is not more than 15 percent larger than that which is permitted for the permanent sign for which the permit application was filed.
4. Pennant Strings. Pennant strings are permitted in the AC district, and may be installed upon issuance of a certificate of occupancy and may remain in place for not more than 30 days in one calendar year.
5. Streamers. Steamers are permitted in the AC district, and may be installed upon issuance of a certificate of occupancy and may remain in place for not more than 30 days in one calendar year.

(Ord. No. O-2017-012, 07/11/2017) 

Effective on: 7/11/2017

1. Purpose. The purpose of this Division is to enhance the visual environment of the City and promote safety and continued well-being by:
   1. Preventing the trespass of artificial light onto rights-of-way, residential, nonresidential, industrial, and institutional properties in ways that constitute a hazard to public safety or an interference with the use, value, and enjoyment of the property;
   2. Complying with the City’s responsibilities set out in Chapter 388.005 of the Texas Health and Safety Code;
   3. Helping to minimize heat generation resulting in higher temperatures during night-time hours; and
   4. Helping to minimize the City’s carbon footprint.
2. Applicability. The standards of this Section apply to all outdoor lighting installed after the effective date of this Code for property in the City and extraterritorial jurisdiction, except as provided in Subsection C., below. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
3. Exemptions. The following types of lighting are exempt from the requirements of this Division with the exception of prohibiting light trespass and minimizing light emitted at or above the horizon:
   1. Temporary decorative seasonal lighting from November 1 through the next January 15 provided that individual lamps have a light output of 200 lumens or less.
   2. Soffit or wall-mounted luminaries that are permanently attached to residential dwellings, not to exceed the height of the eave providing they meet the other requirements of this Division.
   3. Temporary lighting for emergency or nighttime work and construction.
   4. Temporary lighting for theatrical, television, and performance areas, or for special events.
   5. Temporary lighting for outdoor recreational uses such as ball diamonds, playing fields, tennis courts, and similar uses, provided that such uses limit the hours of illumination to be extinguished by no later than 11:00 p.m.
   6. Lighting required by law to be equipped on vehicles or aircraft.
   7. Lighting within public rights-of-way or easements for the principal purpose of illuminating streets or roads. This exemption does not apply to any lighting within public rights-of-way or easements when the purpose of the luminaire is to illuminate areas outside the public rights-of-way or easement.
   8. Lighting for public monuments and statuary.
   9. Airport lighting required by law.
   10. Governmental facilities where compelling needs for safety and security are demonstrated, however, light shall not trespass onto adjoining property.

Effective on: 1/1/1901

1. Off-Site Illuminance. No off-site light trespass is allowed. If the installation of the best available technology to minimize light trespass is not completely successful, then the illuminance levels on horizontal or vertical planes resulting from on-site light sources shall not exceed 0.2 footcandles at the property line.
2. On-Site Illuminance.
   1. Parking lots and other spaces shall be illuminated as unobtrusively as possible while meeting the functional needs of circulation and safety. All pole-mounted lights located on or near the parking lot perimeter shall have full cut-off fixtures installed or shall be designed to prevent light trespass onto adjoining property. The average level of illumination within parking lots shall not exceed 2.0 footcandles.
   2. The average level of illumination for entrance drives for parking areas is 1.5 footcandles.
   3. The average level of illumination for building facades and service areas is 2.0 footcandles.
   4. The average level of illumination for front merchandise sales and display areas is 3.0 footcandles, while all other display areas is 2.0 footcandles.
   5. Foreground spaces, such as building entrances and outside seating areas, shall utilize lighting that defines the space without glare and not to exceed 5.0 footcandles.
   6. Pedestrian-level, bollard lighting not exceeding three feet in height, ground-mounted lighting, or other low, glare-control fixtures mounted on landscape walls shall be used to light pedestrian sidewalks and walkways. Pedestrian areas shall be illuminated to a maximum of 1.0 footcandle. Pedestrian lighting required by this Section shall meet all lighting standards contained elsewhere in this Division.
   7. Service stations and other fueling facilities shall not exceed a maximum of 5.0 footcandles in the area immediately surrounding the fueling islands. The parking areas shall be illuminated as set out in Subsection B.1., above. Drop-lens fixtures are prohibited, whether mounted under canopies or on poles. All light fixtures shall be recessed into overhead canopies.
   8. Sales lots where merchandise (including automobiles) are displayed at night shall not exceed a maximum of 5.0 footcandles.
3. High Intensity and Special Purpose Lighting. The following lighting systems are prohibited from being installed or used except by permission of the City Council:
   1. Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens;
   2. Aerial lasers;
   3. Searchlights; and
   4. Other very intense lighting defined as having a light source exceeding 200,000 initial luminaire lumens or an intensity in any direction of more than 2,000,000 candelas.
4. Complex and Nonconforming Uses. Upon approval of the City Council, lighting that does not comply with the technical requirements of this Code but is consistent with its intent and purpose, including the prevention of light trespass on adjoining property, may be installed for complex sites or uses including, but not limited to, the following applications:
   1. Sports facilities, including but not limited to rinks, open courts, fields, and stadiums;
   2. Construction lighting;
   3. Lighting for industrial sites having special requirements, such as manufacturing or storage of materials and equipment;
   4. Parking structures;
   5. Parks; and
   6. Ornamental and architectural lighting of bridges, monuments, statuary, and public buildings.
5. City Council Approval. To obtain approval, applicants shall demonstrate that the proposed lighting installation:
   1. Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures. Such statement shall be accompanied by the calculations required for the consideration of the City Council; and
   2. Employs lighting controls to reduce lighting at the required curfew time, as set out in Section 6-1-5.05, Hours of Lighting.
6. Lighting Control Requirements.
   1. Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system or equivalent functions from a programmable lighting controller, building automation system, or light energy management system, all with battery or similar backup power or device. Automatic lighting controls are not required for:
      1. Lighting under canopies; and
      2. Lighting for tunnels, parking garages, garage entrances, and similar conditions.
   2. Automatic Lighting Reduction Requirements. The City has established curfew times as set out in Section 6-1-5.05, Hours of Lighting. Lighting reductions are not required for any of the following:
      1. With the exception of landscape lighting, lighting for residential properties including multi-family residential properties not having common areas;
      2. When the outdoor lighting consists of only one luminaire;
      3. Code required lighting for steps, stairs, walkways, and building entrances;
      4. Motion activated lighting; and
      5. Businesses that operate on a 24-hour basis.

Effective on: 1/1/1901

1. Generally. All lighting shall be shielded such that the source of illumination (bulb or direct lamp image) is not visible from the property line, thereby reducing glare and interference with boundary streets and adjacent properties. No lamp shall extend past the housing of a light fixture.
2. Outdoor Lumenaires with a Total Luminous Flux less than or equal to 1,800 lumens.
   1. Shielding is required if necessary to prevent light trespass onto adjoining property.
   2. Lumenaires for area lighting that produce focused light beams, such as spotlights and floodlights, must be aimed so that no part of the manufacturer’s stated beam width radiates directly into the open sky above the horizontal plane.
   3. Lumenaires for landscape, architectural, or flag lighting must utilize a focused light beam and be aimed at the intended target so as to minimize stray light radiating directly into the open sky.
3. Outdoor Lumenaires with a Total Luminous Flux greater than 1,800 lumens.
   1. Except for landscape, architectural, and flag illumination, an outdoor luminare with a total luminous flux greater than 1,800 lumens must be shielded according to the lamp type as set out in Table 6-1-5.03, Shielding Requirements.

1. 2. Outdoor luminaires with lamps requiring full or partial shielding as set out in Table 6-1-5.03, Shielding Requirements, must be aimed so as to prevent direct radiation of light into the open sky at any angle above the horizontal plane.
   3. Architectural and landscape lighting luminaires must be shielded so as to illuminate only the intended target, which if not possible, then the lighting is restricted to illuminating the intended target such that no stray light passes above the horizontal plane.
   4. Flag illumination must be shielded so that light illuminates only the area about the flag pole in which the flag flies.
   5. All lighting (including, but not limited to that for streets, parking lots, security, walkways and buildings) shall conform with the Illuminating Engineering Society of North America (IES) criteria for full cut-off fixtures, which is 100 percent of light output below 90 degrees, and 90 percent of light output below 80 degrees from a vertical line through the fixture, as set out in Figure 6-1-5.03, Full Cutoff Fixture.

1. 6. All lighting fixtures that are mounted within 15 feet of a residential property line or public right-of-way boundary shall be classified as IES Type III or Type F (asymmetric forward throw). These fixtures shall be fitted with a “house side shielding” reflector on the side facing the residential property line or public right-of-way.

Effective on: 1/1/1901

The style, color, and design of lighting fixtures shall be compatible with the overall design concept and use of materials for the principal building.

Effective on: 1/1/1901

1. Generally. Through the review of a development proposal, (or building permit when applicable) the hours of operation may be restricted based upon but not limited to: proximity to residential property, proposed use of the property, security, and traffic interference.
2. Operation of Floodlights. Floodlights shall not be used to light any portion of a building façade between the hours of 11:00 p.m. and 6:00 a.m.

Effective on: 1/1/1901

1. Generally. No outdoor lighting may be used in any manner that is likely to interfere with the safe movement of motor vehicles on public rights-of-way.
2. Prohibitions. The following are prohibited:
   1. Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle;
   2. The installation, use, or maintenance of beacons or searchlights;
   3. Lights that are mounted on the ground or poles for the purposes of illuminating a building façade where not visible from other districts or public rights-of-way;
   4. Exposed strip lighting used to illuminate building facades or outline buildings, or neon tubing, or flickering or flashing lights installed in like fashion, except for temporary decorative seasonal lighting;
   5. Searchlights for advertising, attracting attention to any event, and for any other use except for emergency purpose;
   6. Drop-lens fixtures;
   7. Mercury vapor lights; and
   8. The use of more than one spotlight per flag.

Effective on: 1/1/1901

1. Grandfathering.
   1. All outdoor lighting existing and in place prior to the effective date of this Code are grandfathered.
   2. Except for lamp replacement only, no grandfathered luminaire may be repaired and/modified to perpetuate its existence unless the repair and/or modification maintains conformance or makes the grandfathered luminaire conforming. If a lamp is available that makes a grandfathered luminaire conforming, or progress towards conformance, to the Code’s required illuminance level, then such a lamp must be utilized when the lamp is replaced.
   3. A luminaire replacing or supplementing a grandfathered luminaire must conform to the requirements for new outdoor lighting as stated in Division.
   4. Grandfathered spotlights and floodlights, with a total luminous flux greater than 1,800 lumens, elevated above the ground on poles or buildings 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 applies only to spotlights and floodlights with adjustable mounts and does not apply to outdoor recreational facilities.
2. New Uses or Structures or Change of Use. Whenever there is a new use of property or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this Code before the new or changed use commences.
3. Additions or Alterations.
   1. Major Additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this Code. For purposes of this Section, the following are considered major additions:
      1. Additions of 25 percent or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, wither with a single addition or with cumulative additions after the effective date of this Code; or
      2. Single or cumulative additions, modification or replacement of 25 percent or more of installed outdoor lighting luminaires existing as of the effective date of this Code.
   2. Minor Modifications, Additions or New Lighting Fixtures for Nonresidential and Multi-Family Dwellings. For nonresidential and multi-family dwellings, all additions, modifications, or replacement of more than 25 percent of outdoor lighting fixtures existing as of the effective date of this Code shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.
4. Resumption of Use after Abandonment. If a property with nonconforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this Code before any further use of the property occurs.

Effective on: 1/1/1901