The purpose of this article is to set forth regulations which protect the public from the potential negative effects of industrial and intense commercial development by regulating smoke and particulate matter, odorous matter, fire or explosive materials, toxic and noxious matter, vibration, open storage, glare, and fuel supply in the vicinity of such sites. These regulations are aimed specifically at achieving the environmental goals described in section 7.7 of the current Seabrook Comprehensive Plan.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.01. See editor's note to art. 7.

All permitted uses as indicated in this article shall conform in operation, location, and construction to the performance standards as specified in this article. In addition, such standards or some portion of them may reasonably be appended to certain other conditional use permits as may be determined to have intensive commercial uses which require these protective standards.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.02. See editor's note to art. 7.

All related definitions are found in article 1.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.03. See editor's note to art. 7.

At no point at the boundary property line of any use shall the sound pressure level of any operation of a facility exceed 65 decibels, at 125 cycles. Measurement of noise shall be made with a sound level meter that has a calibration certificate meeting the standards prescribed by the American National Standards Institute.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.04. See editor's note to art. 7.

8.05.01. Industrial limits: No industrial operation or use shall cause, create, or allow the emission of air contaminants which at the emission point or within the bounds of the property are:

A.

In violation of the standards,, specified by the Texas Commission on Environmental Quality or the Texas Clean Air Act; or

B.

Of such capacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection A above, except that when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered in compliance with this section of the ordinance.

8.05.02. State regulations control: The emission of particulate matter from all sources in a district subject to this article shall not exceed the level specified by the Texas Air Control Board Regulations published by the air control board or the regulations published by the Texas State Department of Health.

8.05.03. Fugitive dust-particulate control: Open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter; or which involve dust or other particulate air contaminant generating equipment including but not limited to paint spraying, grain handling, sand or gravel processing or storage or sandblasting, shall be so conducted such that dust and other particulate matter so generated are not transported across the boundary property line or the tract on which the use is located.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.05. See editor's note to art. 7.

No commercial or industrial use shall be located or operated within the city which emits odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the boundary property line or any point beyond the tract on which such use or operation is located. The odor threshold as herein set forth shall be determined by the Texas Commission on Environmental Quality.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.06. See editor's note to art. 7.

No commercial or industrial use involving the manufacture or storage of petrochemical compounds or products which decompose by detonation shall be permitted in Seabrook, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one gallon or less for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the code enforcement office and the Seabrook fire department. The storage of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petrochemical products for industrial purposes shall be allowed only after a conditional use permit for such use has been granted in conformance with the terms of article 4 of this ordinance.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.07. See editor's note to art. 7.

No commercial or industrial operation or use permitted under the terms of this ordinance shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such operation or use is located.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.08. See editor's note to art. 7.

No use permitted under the terms of this ordinance shall at any time create earthborne vibration which when measured at the boundary property line of the source operation exceeds the limits of the displacement set forth in table 7-A, below:

TABLE 8-A

DISPLACEMENT LIMITS FOR VIBRATION

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.09. See editor's note to art. 7.

8.10.01. Definitions: The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them as contained in these definitions, except where the context clearly indicates a different meaning. All technical language used in this section, shall be interpreted in conformance with the Illuminating Engineering Society of North America (IESNA) criteria and specifications.

Area lighting means light fixtures such as guard lights located on public or private property, that are designed to light spaces including but not limited to parks, parking lots, and sales lots.

Axis of illumination means the midline of the beam emitted by a light fixture.

Beam of a light fixture means the spatial distribution of the emitted light.

Candela (cd) means the unit of measurement of the intensity of a point source of light (approximately equal to one candlepower).

Existing light fixtures means those outdoor light fixtures already installed at the time this ordinance is adopted.

Floodlight means a light fixture having a wide beam.

Footcandle (fc) means the illuminance measured one foot from a one candela source.

Full cutoff means a shielded light fixture that emits no light above a horizontal plane touching the lowest part of the fixture.

Glare means visual discomfort or impairment caused by a bright source of light in a direction near one's line of sight.

Horizontal and vertical footcandles means the illuminance measured by a light meter in those positions (illuminance may also be measured in other specified positions or directions).

Illuminance means the intensity of light in a specified direction measured at a specified point.

Lamp or bulb means a source of light.

Light fixture means the assembly that holds or contains a lamp or bulb.

Light pollution means the sky glow caused by scattered light emitted upward from unshielded or poorly aimed light fixtures.

Light trespass means unwanted light falling on public or private property from an external location.

Lumen means the unit of luminous flux, the total amount of light falling uniformly on or passing through an area of one square foot, each point of which is one foot from a one-candela source, yielding an illuminance of one footcandle at that distance (the output of lamps and bulbs is customarily measured in lumens, a common 100 watt incandescent light bulb, for example, having an output less than 1,800 lumens).

Private lighting means outdoor light fixtures located on property owned or controlled by individual persons, including but not limited to families, partnerships, corporations, and other entities engaged in the conduct of business or other non-governmental activities.

Public lighting means outdoor light fixtures located on property owned, leased, or controlled by the City or other governmental entity or entities, including but not limited to streets, highways, alleys, easements, parking lots, parks, playing fields, schools, institutions, meeting places, and all entities completely or partly funded by grants obtained by the city or its agents from federal, state or private sources.

Sag-lens or drop-lens means a clear or prismatic refracting lens that extends below the lowest opaque portion of a light fixture.

Searchlight means a light fixture having a narrow beam intended to be seen in the sky.

Spotlight means a light fixture having a narrow beam.

Wallpack means a floodlight mounted on the wall of a building or other structure.

8.10.02. Purpose:

Good outdoor lighting at night benefits everyone. It increases safety, enhances the City of Seabrook's night time character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types, of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems.

Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. There is a need for a lighting ordinance that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and compliment the city's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the City of Seabrook.

This ordinance is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of properties located in the City of Seabrook.

All business, residential, and community driveway, sidewalk and property luminaries should be installed with the idea of being a "good neighbor," with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

8.10.03. Criteria:

A.

Illumination levels: Lighting, where required by this ordinance, or otherwise required or allowed by the city, shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Seabrook.

B.

Lighting fixture design:

1.

Fixtures shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the City of Seabrook.

2.

For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalk, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this paragraph.

3.

For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with an aggregate rated lamp lumen output per fixture that does not exceed the rated output of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this paragraph.

4.

"Security lights," a.k.a. "dusk-to-dawn lights," where visible from other properties, shall not be permitted unless fully shielded.

C.

Control of nuisance and disabling glare:

1.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

2.

Floodlights and spotlights, where their use is specifically approved by the city, shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way.

3.

Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 33 percent of the number of fixtures required or permitted for illumination during regular business hours.

4.

Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 10:00 p.m. and 7:00 a.m., except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing.

5.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

6.

The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.

7.

The illumination projected from any property to a nonresidential use shall at no time exceed 1.0 foot-candle, measured line-of-sight from any point on the receiving property unless the properties are developed in concert or the lighting plan is approved by the adjacent nonresidential property owner.

8.

Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to place the light output onto and not beyond the sign or billboard.

9.

Except for certain recreational lighting, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 25 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade.

10.

The United States and the state flag shall be permitted to be illuminated from dusk to dawn. Corporate flags may be illuminated only when flown with the United States and/or state flag. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 10,000 lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

11.

Under-canopy lighting, for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum intensity shall not exceed 40 maintained footcandles.

D.

Installation:

1.

Electrical feeds for lighting standards shall be run underground, not overhead.

2.

Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other city-approved means.

3.

Pole mounted fixtures for lighting horizontal tasks shall be aimed straight down.

E.

Maintenance: Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this ordinance.

8.10.04. Recreational facilities:

A.

Any light source permitted by this ordinance 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:

1.

All fixtures used for event lighting shall be fully shielded as defined in this ordinance, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

2.

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 10:00 p.m.

8.10.05. New subdivision construction:

A.

Submission contents: The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this ordinance. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit: Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off or light emissions.

B.

Additional submission: The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of this ordinance will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory.

C.

Subdivision plat certification: If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the City of Seabrook Outdoor Lighting Ordinance will be adhered to.

D.

Lamp or fixture substitution: Should any outdoor light fixture, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the building official for his or her approval, together with adequate information to assure compliance with this ordinance, which must be received prior to substitution.

8.10.06. Temporary outdoor lighting:

A.

Any temporary outdoor lighting that conforms to the requirements of this ordinance shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Seabrook City Council after considering:

1.

The public and/or private benefits that will result from the temporary lighting;

2.

Any annoyance or safety problems that may result from the use of the temporary lighting; and

3.

The duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Seabrook City Council, who shall consider the request at a duly called meeting of the Seabrook City Council. Prior notice of the meeting of the Seabrook City Council shall be given to the applicant. The Seabrook City Council shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the Seabrook City Council to act on a request within the time allowed shall constitute a denial of the request.

8.10.07. Exterior lighting plan required:

A lighting plan shall be required anything exterior lighting is proposed, or modified, that is associated with use of greater intensity than a one or two-family dwelling. The lighting plan shall be submitted with the site plan information required by the building code.

The plan shall be prepared by a certified engineer, architect, landscape architect or lighting engineer or designer. The plan shall identify the location, size, type of luminary, height of luminary, a photometric plan of the site, and fixture data sheets. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this subdivision. Once the plan is approved, the exterior lighting of the property shall conform to the plan.

8.10.08. Exemptions: The following are exempt from the standards contained in this ordinance:

A.

Decorative seasonal lighting with a power rating of less than or equal to 75 watts.

B.

Lighting for one- and two-family dwellings, provided that the lamps have a power rating of less than or equal to 75 watts, a cutoff component is incorporated in the design of the luminary, and the lighting level at the property line shall not exceed the maximum level contained in section 8.10.3. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on an off by a motion sensor and the lamp is not on for a continuous period exceeding ten minutes.

C.

Temporary emergency lighting used by police, firefighters, or other emergency services, as well as all vehicular luminaries.

D.

Hazard warning luminaries which are required by federal regulatory agencies.

E.

Lighting utilized for the purpose of illuminating the flag of the United States of America and/or the flag of the State of Texas. The light fixtures shall incorporate a cutoff component in the design of the luminary, and the light source shall be directed at the flag and arranged to minimize the amount of light pollution, trespass, or glare on to adjacent properties and public streets. This exemption shall apply only to flags displayed on flagpoles.

8.10.09. Prohibitions:

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.

Outdoor advertising off-site signs: Electrical illumination of outdoor advertising off-site signs is prohibited between the hours of 10:00 p.m. and sunrise.

8.10.10. Plan submission: Lighting plans, when requested by the city building official, shall be submitted for variance, building permit and special exception applications for review and approval, in accordance with the plan-submission information requirements.

8.10.11. Compliance monitoring:

A.

Safety hazards:

1.

If the city judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

2.

If appropriate corrective action has not been effected within 15 days of notification, the city may take appropriate legal action.

B.

Nuisance glare and inadequate illumination levels:

1.

When the city judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this ordinance, the city may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

2.

If the infraction so warrants, the city may act to have the problem corrected.

8.10.12. Glare: No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the boundary property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

8.10.13. Nonconforming lighting: Any lighting fixture or lighting installation existing on the effective date of this ordinance that does not conform with the requirements of this ordinance shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform to the requirements of this section when:

A.

Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this ordinance.

B.

It is deemed by the city to create a safety hazard.

C.

It is replaced by another fixture or fixtures abandoned or relocated.

Notwithstanding anything herein in this subsection to the contrary, all nonconforming lighting fixtures or lighting installation shall be made to conform to the luminary regulations contained in this section within three years from the effective date of this ordinance. The burden is on the person claiming legal nonconformance under this subsection to prove that legal nonconformance has been acquired.

8.10.14. Notification requirements:

A.

The City of Seabrook building permit shall include a statement asking whether the planned project will include any outdoor lighting.

B.

Within 30 days of the enactment of this ordinance, the code enforcement officer shall send a copy of the Outdoor Lighting Ordinance with cover letter to all electrical contractors licensed to perform work in the City of Seabrook and local electric utility.

(Ord. No. 2006-05, § 2, 6-27-2006; Ord. No. 2008-23, § 2, 11-4-2008; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.10. See editor's note to art. 7.

No emission of water from any land use in Seabrook, whether by entry into the municipal wastewater system, stormwater control system, a stream or other body of water, shall be permitted if the quality of such emitted water violates the laws of the state or of the United States.

(Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.11. See editor's note to art. 7.

It shall be unlawful for any person, firm or corporation to store, dump, bury or deposit on any land in the city, any sludge or dredge spoils excavated or dredged from a site beyond the boundaries of the city or created as a byproduct of some procedure or sewage treatment process in which sludge was created or generated beyond the boundaries of the city.

(Ord. No. 95-04, art. 1, 4-4-1995; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 7.12. See editor's note to art. 7.