Whitesboro City Zoning Code
LIGHTING
§ 154.060 SCREENING DEVICE REQUIREMENTS.
(A) Description of required screening devices.
(1) A screening device required under this chapter must meet the following minimum requirements and be measured from the average grade of the property:
(a) Minimum height of screening device:
1. Garbage, trash or refuse container screening: 7' 0".
2. Screening of outdoor storage: 8' 0".
3. Multi- family and industrial districts: 8' 0".
4. All other required screening: 6' 0".
5. Where a screening device is constructed, placed or planted on uneven terrain there shall be no gap under the device, and the device must be composed of the same material throughout.
(b) Maximum height of screening device excluding barbed wire strands:
1. Screening of outdoor storage: 8' 0".
2. Industrial districts and industrial "PD" districts: 8' 0".
3. All other districts: 8' 0".
(c) Materials options for nonresidential areas:
1. Brick masonry, stone masonry, or other architectural masonry finish. (No thin-wall masonry allowed; "thin wall" is defined as any wall 6" or less in width);
2. Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20' on center with structural supports spaced every 10', and with sufficient evergreen landscaping to create a screening effect;
3. Living plant screen (only upon approval by the Planning and Zoning Commission through the site plan process); or
4. Alternate equivalent screening (only upon approval by the Planning and Zoning Commission through the site plan process).
(2) All required screening devices must be equally finished on both sides.
(3) All openings in the surface for passage must be equipped with gates equal in height and screening characteristics specified above but need not be of the same material as the main fence or wall.
(4) If a living plant screen is approved by the Planning and Zoning Commission, the plant materials must be a minimum of three feet at time of planting.
(5) Prior to the issuance of an occupancy permit, all approved screening devices must be in place.
(6) All screening devices must be permanently and continually maintained in a neat and orderly manner as a condition of use. The occupancy permit may be revoked by the chief building official for failure to adequately maintain such screening device.
(B) Applicability.
(1) Screening devices must be placed and maintained in the following locations:
(a) Along any property line or district boundary between any single-family detached or attached or any two-family use and any multiple-family, mobile home park, or nonresidential use, but not across a dividing street between such uses. An alley shall not be considered a dividing street for purposes of this section. The more intensive use shall have the responsibility for providing and maintaining the screening device.
(b) Along any property line or district boundary between any multiple-family use and any nonresidential use, but not across a dividing street between such uses. An alley shall not be considered a dividing street for purposes of this section. The more intensive use shall have the responsibility for providing and maintaining the screening device.
(2) All allowed open storage of materials, equipment, or commodities shall be screened from view from all streets. Materials, equipment, or commodities shall be stacked no higher than one foot below the top of the screening device or visual barrier.
(3) Garbage, trash, or refuse containers shall be screened on all sides. Screening materials shall be masonry and the same color as the exterior walls of the main structure. A solid metal gate shall be provided. Garbage, trash, or refuse containers shall not be located in front of the main building unless no other option is available. Gates shall be kept closed except when in use for access.
(4) All wrecking yards, junkyards, or salvage yards shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent residential property.
(5) Display of new vehicles, or used vehicles not defined as junked vehicles under the ordinances of the city or laws of the State of Texas need not be screened if they are, in the opinion of the chief building official, maintained in a neat and orderly manner.
(6) Landscaping standards for parking lots shall also apply to vehicle display lots, except that minimum screening height for vehicle display lots shall be one and one-half feet (1-1/2').
(7) Mechanical and heating and air conditioning equipment in nonresidential and multi-family uses shall be screened from view from the public right-of-way and from adjacent residential property.
(8) At motor vehicle service or repair facilities, vehicles awaiting repair for more than 24 hours or after the close of business shall be screened from view from public right-of-way and from adjacent residential property.
(9) Service bays in any business/commercial PD (planned development) shall be oriented away from the street frontage.
(C) Screening elements and fences. In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property; to conserve and protect the value of adjacent land and buildings; to protect aesthetic views and vistas; to secure hazardous areas from unauthorized entry; to contain livestock and other agricultural activities; and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and non-required screening elements and fences. The terms SCREENING ELEMENT and FENCE as used herein are defined in § 154.004.
(1) Solid fences shall not be allowed in the required front yard in any district.
(2) No fence shall exceed three feet height in the required front yard in any district.
(3) No fence shall be allowed in the required right-of-way.
(4) Fences shall be constructed and be consistent with buildings and fences in the area.
(5) In residential areas, barbed wire, razor wire, electrified fencing or other hazardous material shall not be allowed in the construction of fencing.
(6) No fence constructed in such a manner that it may conduct electrical current may be allowed in any but an agricultural zoning district.
(7) In no event shall barbed wire be permitted, except on arms in industrial zoning districts.
(8) Corner lots.
(a) On all corner lots in residential districts which have opposing rear lot lines, fences may be constructed not to exceed 80 inches in height along the side and rear yard lines, as indicated in Figure 1 below and made a part of this section.
FIGURE 1
(b) On all corner lots in residential districts where the rear lot line is opposed to a side lot line across an alley from such side lot line, no fence exceeding 30 inches in height shall be constructed upon or within the side yard which is next to the street at a distance from the side building line greater than the minimum side yard requirement, as indicated in Figure 2 below hereto and made a part of this section.
FIGURE 2
(c) On all corner lots in residential districts where the rear lot line is opposed to a side lot line of an adjoining lot, no fence exceeding 30 inches in height shall be constructed between the side of the building line and the side yard line, which is next to the street, as indicated in Figure 3 below and made a part of this section.
FIGURE 3
(d) No fence shall be constructed in the triangle formed by measuring 20 feet back from the intersection of two streets or 15 feet back from the intersection of a street and an alley as illustrated in Figure 4 below and made a part of this section.
FIGURE 4
(e) On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway from or to adjacent private property.
(f) On an interior lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.
(9) Every fenced enclosure constructed under the provisions of this section shall have at least one gate in its perimeter.
(10) All fences constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times. The director of development services, building official, or code official may order the repair or removal of a fence if it is more than 5% damaged or leaning ten degrees from vertical. Fences shall be repaired in compliance with the provisions of this section.
(11) No fence, plant, building or other structure shall be located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the sight lines for traffic of a driver of any approaching, emerging or intersecting traffic or so as to prevent any traveler on any street in use by the public from obtaining a clear view of approaching vehicles for a distance of 150 feet along a street in use by the public.
(12) A masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line.
(13) No fence in a residential district shall exceed eight feet in height, measured from the adjacent grade line.
(14) Residential districts - general.
(a) Screening elements and fences shall be restricted to a maximum height of eight feet, measured from the adjacent grade line, except as otherwise allowed.
(b) Nonresidential uses in a residential district shall be suitably screened from view to a height not less than six feet of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.
(c) Where a multi- family use abuts a one- or two-family district, the side and rear property lines of said multi-family use or district shall be suitably screened from view to a height not less than eight feet of any adjacent dissimilar residential dwelling or lot.
(d) Garbage, refuse, and trash collection/storage areas in any multi-family development or other nonresidential use permitted in a residential district shall be enclosed on at least three sides, by a dense screening element to adequately screen such area from view of the surrounding area.
(e) No screening element or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot, unless otherwise allowed by the City Council.
(f) No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefor.
(g) Residential fencing requirements:
1. Minimum fence height of 6' from average lot grade with a maximum height of 8'.
FIGURE 5
2. Material s. Treated lumber attached with galvanized screws to 2-3/8" diameter galvanized poles installed in an 8" diameter holes no less than 2-1/2 feet deep in 2' of premixed concrete. All posts shall have caps. Brick, stone, masonry, vinyl materials or a combination with columns every 8'. Vinyl materials cannot be used in multi-family areas. No thin-wall masonry walls are allowed unless constructed with brick, stone or other approved masonry units and supported by angle iron with masonry columns on piers. All thin-wall plans shall be sealed by a professional engineer and approved by the city. THIN WALL is defined as any wall 6" or less in width.
(15) Nonresidential districts - general.
(a) Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet.
(b) Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half feet.
(c) Where garbage, refuse, and trash collection/storage are permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than seven feet in height.
(d) In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than eight feet in height.
(e) Off-street loading areas shall be adequately screened from view of any residential dwelling or of any other adjacent residential land use.
(f) No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefor.
(g) All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.
(16) Barbed wire fences.
(a) Barbed wire fences used in conjunction with permitted agricultural and related activities are permitted without restrictions but are expressly prohibited in all other districts except as provided below.
(b) Barbed wire strands may be placed on top of permitted fences and screening elements in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than 12 feet nor the bottom strand lower than eight feet from the adjacent grade line.
(17) Variances. A variance from the regulations in this chapter may be granted by the Board of Adjustments only if:
(a) Unique circumstances exist on the property that make application of specific items in this chapter unduly burdensome on the applicant;
(b) The variance will have no adverse impact on current or future development;
(c) The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses;
(d) The variance will have no adverse impact on the public health, safety, and general welfare; and
(e) A financial hardship shall not be considered a basis for the granting of a variance.
(Ord. 1249, passed 8- -25)
§ 154.061 OUTDOOR LIGHTING CODE.
(A) Intent. The following section defines practical and effective measures by which the obtrusive aspects of excessive and/or careless outdoor light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy efficient sources, and decreasing the wastage of light and glare resulting from over lighting and poorly shielded or inappropriately directed lighting fixtures.
(B) Compliance. All outdoor luminaires devices shall be installed in conformance with the provisions of this section, the building code, the electrical code, and the sign code of the city as applicable and under appropriate permit and inspection.
(C) New buildings and additions to existing facilities. For all proposed new construction or additions to existing facilities, all new outdoor lighting fixtures shall meet the requirements of this section.
(D) Additions. Additions, as defined herein, shall require the submission of a complete inventory and site plan detailing any proposed new outdoor lighting. New lighting on the site shall meet the requirements of this section with regard to shielding and lamp type.
(E) Roadways. Lighting for public and private roadways shall utilize only full cutoff light fixtures or cutoff light fixtures.
(F) Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown below:
AVERAGE MAINTAINED HORIZONTAL ILLUMINANCE. The density of light flux in an outdoor area or areas calculated:
(a) On a horizontal plane at ground level;
(b) As an average flux density over the surface of the outdoor area or areas; and
(c) Applying a light loss factor calculated by methods prescribed by the lighting handbook of the Illuminating Engineering Society or any successor publication; with calculations made by, or on the basis of lighting plans other information provided by, manufacturers or suppliers of outdoor light fixtures and made in a manner consistent with the lighting handbook of the Illuminating Engineering Society or any successor publication.
CLASS 1 LIGHTING. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity. Recognized Class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; assembly areas such as concert or theater amphitheaters.
CLASS 2 LIGHTING. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern.
CLASS 3 LIGHTING. Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc.
CUTOFF LIGHT FIXTURE. A luminaire light distribution where no more than 25 candelas per 1,000 lamp lumens is emitted above the horizontal.
DEVELOPMENT PROJECT. Any residential, commercial, industrial or mixed-use subdivision plan or development plan.
DIRECTLY VISIBLE. Allowing a direct line-of-sight to the light source or lamp.
DIRECTOR. The Director of Development Services, building official or designee.
DISPLAY LOT. Outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. A display lot shall entail one of the following specific uses: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets. Additional uses may be designated as a display lot as determined by the Director.
FLOOD LAMP. A specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope.
FOOTCANDLE. One lumen per square foot. Unit of illuminance. The luminous flux per unit area in the Imperial system. One footcandle equals approximately 10 (10.76) lux.
FULL CUTOFF LIGHT FIXTURE.A luminaire with light distribution such that no light is emitted above the horizontal.
GLARE. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
ILLUMINANCE. The amount of light falling onto a unit area of surface (luminous flux per unit area), measured in lumens per square meter (lux) or lumens per square foot (footcandles).
INSTALLED. The attachment, or assembly fixed in place, connected to a power source, of any outdoor light fixture.
LIGHT TRESPASS. Light falling where it is not wanted or needed, typically across property boundaries.
LIGHTING ZONES. The four lighting zones are based on the zoning districts or overlays established by the zoning ordinance. Guidelines used to guide the delineation of the lighting zones are:
(a) Lighting Zone E1. This zone shall include all zoning districts containing "greenbelts and natural areas."
(b) Lighting Zone E2. This zone shall include all single-family and duplex residential zoning districts.
(c) Lighting Zone E3. This zone shall include all residential zoning districts not included in Lighting Zone E2.
(d) Lighting Zone E4. This zone shall include all nonresidential zoning districts.
(e) In Planned Development Districts the lighting zone that pertains shall reflect the primary use in the area, unless otherwise prescribed in the ordinance establishing the planned development. In mixed use districts the lighting zone that pertains shall reflect the use requiring the most restrictive lighting regulations, unless otherwise prescribed in the ordinance establishing the planned development.
LUMEN. A unit of luminous flux; used to measure the amount of light emitted by lamps.
LUMINAIRE. The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture (see under this section, OUTDOOR LIGHT OUTPUT, TOTAL), lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.
LUMINOUS TUBE. A glass tube filled with a gas or gas mixture (including neon, argon, mercury or other gases), usually of small diameter (10-15 millimeter), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A neon tube does not include common fluorescent tubes.
LUX. A unit of illuminance equal to one lumen per square meter. One lux equals approximately 0.1 (0.093) footcandles.
MULTI-CLASS LIGHTING. Any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more classes as defined for Class 1, 2 and 3 lighting.
NET ACREAGE. The total area of the development project. For parcels including those special uses listed in sections 18.18.150, 18.18.160, 18.18.170 and 18.18.180 [subsections (l)(1), (2), (3) and (4)] that are exempted from the lumens-per-acre caps of section 18.18.080 [subsection (h)] (recreational facilities and outdoor display lots), the area devoted to the special use shall also be excluded from the net acreage.
OPAQUE. A material does not transmit light from an internal illumination source. Applied to sign backgrounds, means that the area surrounding any letters or symbols on the sign either is not lighted from within, or allows no light from an internal source to shine through it.
OUTDOOR LIGHT FIXTURE. An outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to lights used for:
(a) Parking lot lighting;
(b) Roadway lighting;
(c) Buildings and structures;
(d) Recreational areas;
(e) Landscape lighting;
(f) Billboards and other signs (advertising or other);
(g) Product display area lighting;
(h) Building or structure decoration; and
(i) Building overhangs and open canopies.
OUTDOOR LIGHT INPUT. The initial total amount of light, measured in lumens, from all lamps used in outdoor light fixtures. The term includes all lights and luminous tubing used for Class 1, Class 2, Class 3 and multi-class lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For lamp types that vary in their output as they age (such as high-pressure sodium, fluorescent and metal halide), the initial lamp output, as defined by the manufacturer, is the value to be considered. For determining compliance, total outdoor light output standards, the light emitted from lamps in outdoor light fixtures is to be included in the total output as follows:
(a) Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself as defined in divisions (b), (c) and (d) of this definition, are to be included in the total outdoor light output by simply adding the initial lumen outputs of the lamps;
(b) Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least five feet but less than ten feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter of the lamp's rated initial lumen output;
(c) Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least ten feet but less than 30 feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-tenth of the lamp's rated initial lumen output; and
(d) Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located 30 or more feet from the nearest edge of the canopy or overhang are not to be included in the total outdoor light output. Such lamps must however conform to the lamp source and shielding requirements of division (G) of this section.
OUTDOOR RECREATION FACILITY. An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools.
PERSON. Any individual, tenant, lessee, owner, or any commercial entity including but not limited to a firm, business, partnership, joint venture, or corporation.
SEARCHLIGHT. A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Searchlights include such lights that are used commonly to sweep the sky for advertisement purposes.
SIGN, EXTERNALLY ILLUMINATED. A sign illuminated by light sources from the outside.
SIGN, INTERNALLY ILLUMINATED. A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign.
SIGN, NEON. A sign including luminous gas-filled tubes formed into text, symbols or decorative elements and directly visible from outside the sign cabinet.
SPOT LAMP. A specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass envelope. Spot lamps are those lamps so designated by the manufacturers.
SPOT LIGHT. A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.
TEMPORARY LIGHTING. Lighting which does not conform to the provisions of this section and which will not be used for more than one 30-day period within a calendar year, with one 30-day extension. Temporary lighting is intended for uses that by their nature are of limited duration, for example, holiday decorations, civic events, or construction projects.
(G) Shielding standards. All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 1.
Use Class and Lamp Type | Lighting Zones | |||
E4 | E3 | E2 | E1 | |
Use Class and Lamp Type | Lighting Zones | |||
E4 | E3 | E2 | E1 | |
Class 1 lighting (color rendition): | ||||
Initial output greater than or equal to 1800 lumens | F | F | F | F |
Initial output below 1800 lumens (2) | A(1) | A(1) | A(1) | F |
Class 2 lighting (general illumination): | ||||
Initial output greater than or equal to 1800 lumens | F | F | F | F |
Initial output below 1800 lumens (2) | A(1) | A(1) | A(1) | F |
Class 3 lighting (decorative) (3): | ||||
Initial output greater than or equal to 1800 lumens | F | F | F | X |
Initial output below 1800 lumens (2) | A(1) | A(1) | A(1) | F |
Residential lighting (all classes) (4): | ||||
Initial output greater than or equal to 1800 lumens | F | F | F | F |
Initial output below 1800 lumens (2) | A(1) | A(1) | A(1) | A(1) |
Notes to Table 1:
A = All types of fixtures allowed; shielding not required but highly recommended, except that any spot or flood light shall be aimed not higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway.
F = Only fully shielded fixtures allowed.
X = Not allowed.
(1) Flood or spot lamps shall be aimed no higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway.
Exception: Seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted in all lighting zones from November 15 through January 15.
(2) See exception for seasonal decorations from November 15 until January 15.
(3) All Class 3 lighting shall be extinguished between 11:00 p.m. (or when the business closes, whichever is later) and sunrise.
(4) Residential refers to single-family attached or detached uses located in any of the zone districts such as single-family detached and duplexes. Multiple-family residential uses, or apartments, must use standards for Class 1, 2, and 3 lighting.
(H) Total outdoor light output standards. Total outdoor light output shall not exceed the limits in Table 2. Seasonal decorations, permitted between November 15 and January 15, are not counted toward these limits; lighting used for external illumination of signs is counted, while lighting used for internal illumination of signs is not counted. (The values in this table are the maximum permitted levels and not intended as design standards; design standards shall be the lowest levels that meet the requirements of the task.)
Lumen Caps - Initial Lamp Lumens per Net Acre | Lighting Zone | |||
E4 | E3 (4) | E2 (4) | E1 | |
Lumen Caps - Initial Lamp Lumens per Net Acre | Lighting Zone | |||
E4 | E3 (4) | E2 (4) | E1 | |
Commercial and industrial uses: | ||||
Total (full cutoff + unshielded) | 1,000,00 0 | 200,000 | 50,000 | 125,000 |
Unshielded only | 40,000 | 20,000 | 4,000 | 2,000 |
Residential uses (2, 3): | ||||
Total (full cutoff + unshielded) | 20,000 | 10,000 | 10,000 | 10,000 |
Unshielded only | 5,000 | 5,000 | 1,000 | 1,000 |
Notes to Table 2:
(1) This refers to all commercial and industrial uses and includes multiple-family or apartment uses.
(2) This refers to all single-family attached or detached uses.
(3) In lighting zones E4 - E1, each residential single-family attached or detached home, duplex, triplex, quadruplex or townhome is allowed up to 5,500 total lumens, or the amount indicated in this table based on the parcel's acreage, whichever is larger. Each is also allowed a maximum of 5,500 lumens of unshielded ("A") lighting, provided table 18.18.070 [table 1] allows the lamp's type with "A" shielding. All residential spot or flood lamps permitted are to be aimed no higher than 25 degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway.
(4) Public and private schools located in zones E2 and E3 may petition the Director for an increase in the lumens-per-acre cap to the level permitted in zone E4. The Director may allow an increase when the school submits an engineered design supporting the need of such increase.
(I) Effective shielding standard. All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described in the definition herein for full cutoff fixtures.
(J) Light trespass standard.
(1) Beyond the shielding requirements, all light fixtures shall be located, aimed or shielded so as to minimize stray light trespassing across residential property boundaries.
(2) Any lamp installed on a residential property in zone E1 and visible from any other residential property shall be shielded such that it is not directly visible from that property.
(3) Luminaires, spot lamps or spotlights which are aimed, directed or focused such as to cause direct light to be directed toward residential buildings or adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on streets or roadways, shall be redirected or their light output controlled as necessary to eliminate such conditions.
(K) On-premises and off-premises signs.
(1) Multi-class lighting standards. Multi-class lighting shall conform to the shielding and timing restrictions, if any, which apply to the most restrictive class.
(2) Externally illuminated sign standards. External illumination for signs shall conform to all provisions of this chapter. In particular, such lighting shall be treated as Class 1 lighting and shall conform to the lamp source, shielding restrictions and lumen caps of division (H) of this section. Upward directed sign lighting is prohibited.
(3) Internally illuminated sign and neon sign standards.
(a) Outdoor internally illuminated advertising signs constructed with faces of translucent materials and wholly illuminated from within do not require shielding. Colored or dark backgrounds with light lettering or symbols are preferred to minimize the detrimental effects of light pollution. Lamps used for internal illumination of such signs shall not be counted toward the lumen caps in division (H) of this section.
(b) Neon signs shall be treated as internally illuminated signs for the purposes of this section and shall not have their luminous outputs counted toward the lumen caps in division (H) of this section. Neon lighting extending beyond the area considered to be the sign area (as defined in the sign code) shall conform to all provisions of this section and shall be treated as Class 3 (decorative) lighting.
(c) Other internally illuminated panels or decorations not considered to be signage according to the sign code (such as illuminated canopy margins or building faces), shall be considered decorative (Class 3) lighting, and shall be subject to the standards applicable for such lighting, including but not limited to the lamp source, shielding standards and lumens-per-acre caps of division (H) of this section.
(4) Curfews. Illumination for all signs, both externally and internally illuminated, shall be turned off at the curfew times listed in Table 3 or when the business or portion thereof closes, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Internally illuminated signs may continue to be used and illuminated but must conform to the curfews as indicated.
Lighting Zone | ||||
E4 | E3 | E2 | E1 | |
On-premises and off-premises signs | 12 p.m. | 12 p.m. | 9 p.m. | 9 p.m. |
(L) Special uses.
(1) Recreational facilities.
(a) Lighting for outdoor athletic fields, courts, tracks or similar recreational facilities in lighting zones E1, E2, E3, and E4, shall be considered class 1 (color rendition), and shall be exempt from the lumens-per-acre limits of division (H) of this section.
(b) Shielding. In lighting zones E1, E2, E3 and E4, full cutoff lighting is required for tennis courts, basketball courts, swimming pools, racquetball courts, golf driving ranges and similar facilities. Football fields, soccer fields, golf courses and baseball diamonds designed for Class III or IV levels of play (typically amateur or municipal league, elementary to high school, training, recreational or social levels; cf. IESNA Lighting Handbook and IESNA RP-6 Sports and Recreational Area Lighting) or designed for Class I and II levels of play (typically college, semi-professional, professional or national levels) shall utilize luminaires with minimal uplight consistent with the illumination constraints of the design. Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which:
1. Are provided with internal and/or external glare control louvers and installed so as to minimize uplight and off-site light trespass; and
2. Are installed and maintained with aiming angles that permit no greater than 5% of the light emitted by each fixture to project above the horizontal.
(c) Illuminance. All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).
(d) Off-site spill. The installation shall also limit off-site spill (outside the parcel containing the recreational facility) to the maximum extent possible consistent with the illumination constraints of the design. For Class III and IV levels of play, a design standard of one lux (0.1 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. For Class I and II levels of play, a design goal of one and one-half lux (0.15 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.
(e) Engineering design. Every such lighting system shall be designed by a registered professional engineer.
(f) Curfew. All events shall be scheduled so as to complete all activity before the curfew listed in Table 4. Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew.
Lighting Zone | |||
E4 | E3 | E2 | E1 |
11 p.m. | 10 p.m. | 9 p.m. | 8 p.m. |
(2) Outdoor display lots.
(a) Lighting class. Lighting for display lots shall be considered Class 1 (color rendition) and shall be allowed a lumens-per-acre cap of two million.
(b) Shielding. All display lot lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics.
(c) Illuminance. Lighting for display lots shall be considered Class 1 (color rendition).
(d) Off-site spill. The display lot shall limit off-site spill (outside the parcel containing the display lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.
(e) Engineering design. Every display lot lighting system shall be designed by a registered professional engineer.
(f) Curfew. Display lot lighting exceeding the lumens-per-acre cap shall be turned off at the curfew listed herein or within 30 minutes after closing of the business, whichever is later. Lighting in the display lot after this time shall be considered class 2 lighting and shall conform to all restrictions of this section applicable for Class 2 lighting, including the lumens-per-acre caps in division (H) of this section.
(3) Service station canopies.
(a) Lighting class. Lighting for service station canopies shall be considered Class 2 lighting (general illumination).
(b) Shielding. All luminaires mounted on or recessed into the lower surface of service station canopies shall be full cutoff and utilize flat lenses.
(c) Total under-canopy output. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy in Lighting Zone E4, and shall not exceed 20 lumens per square foot in Lighting Zone E3. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output.
(d) Lumen output. The lumen output of lamps mounted on or within the lower surface of a canopy is included toward the lumen caps in division (H) of this section according to the method defined in division (H). Other lighting located under a canopy but not mounted on or within the lower surface is included toward the lumen caps in division (H) at full initial output.
(e) Off-site spill. The service station canopy lot shall limit off-site spill (outside the parcel containing the service station lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required.
(4) Other lighting on parcels with special uses. On a property with special uses as listed above, all lighting not directly associated with the special use areas above shall conform to the lighting standards described in this section, including but not limited to the lamp type and shielding requirements of division (G) of this section and the lumens-per-acre limits of division (H) of this section. The net acreage for the determination of compliance with division (H) shall not include the area of the athletic field or outdoor display lot, as defined in division (F); the area of any service station canopy shall be included in the net acreage.
(M) Plans and evidence of compliance.
(1) Submission contents. The applicant for any permit required by any provision of this section 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 section. Even if no other such permit is required, the installation or modification (except for routine servicing and same-type lamp replacement) of any exterior lighting shall require submission of the information described below. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in this article upon application for the required permit:
(a) Plans indicating the location on the premises of all lighting fixtures, both proposed and existing on the site;
(b) Description of all lighting fixtures, both proposed and existing. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required); lamp types, wattages and initial lumen outputs; and
(c) Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff of light emissions.
(2) Additional submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the Director to readily determine whether compliance with the requirements of this chapter will be achieved. If such plans, descriptions and data cannot enable this ready determination, 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.
(3) Subdivision plats. If any subdivision proposes or is required to have installed street or other common or public area outdoor lighting, submission of the information as described in subsection (l)(3) [sic] shall be submitted with the illumination plans required by subsection (l)(3) [sic].
(4) Lamp or fixture substitution. Changes of outdoor light fixture or the type of light source therein shall be subject to the approval of the director.
(N) Prohibitions.
(1) Installation of nonconforming fixtures and lamps. The installation of any outdoor lighting fixture or lamp for new construction, additions, or replacement fixtures to existing facilities not in compliance with this section is prohibited.
(2) 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, unless installed for temporary use with prior approval of the Director under division (P) of this section. Authorization for such temporary use shall be for no more than three days per 365-day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals.
(3) Searchlights. The operation of searchlights for non-governmental purposes is prohibited, unless installed for temporary use with prior approval of the Director under division (P) of this section. Authorization for such temporary use shall be for no more than three days per 365-day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals.
(4) Off-premises signs. Illumination of outdoor advertising off-premises signs is prohibited in Lighting Zone E1.
(5) Existing lighting causing light trespass onto residential property.
(a) If after complaint and investigation, the code official finds that an existing light fixture directs light toward residential buildings, the code official shall give written notice of such violation to the owner and/or to the occupant of such premises demanding that the violation be abated within ninety days of the date of written notice.
(b) Light trespass onto residential property from existing lighting shall be remedied by redirecting the light fixture or by controlling the light output as necessary.
(c) Light levels shall not exceed a maximum of 0.25 footcandles (2.5 lux) at the property line of any residential property at a vertical point five feet above grade.
(d) Light trespass measurements shall be made at the property line of the residential site, with the meter held normal to a line between any offending light source(s) and the light meter. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public right-of-way or at any other location on an adjacent property.
(e) Measurement shall be made using a commercial cosine and color corrected meter having an accuracy tolerance of plus or minus 5% or better at one lux (0.1 footcandle). The meter shall have been calibrated within two years of the date of measurement by the manufacturer or by a certified illumination laboratory.
(f) Measurements shall be taken using a 4.5" long, 1.75" +/- 0.25" diameter thin wall black tube baffle atop the meter's photoelectric cell aperture to prevent any stray light from other sources from affecting the measurement.
(O) Temporary exemptions.
(1) Temporary exemption requests. A temporary exemption request shall be subject to the approval of the Director. Such request shall contain the following information:
(a) Specific ordinance exemption(s) requested;
(b) Duration of requested exemption(s);
(c) Proposed location on premises of the proposed light fixture(s);
(d) Purpose of proposed lighting;
(e) Information for each luminaire and lamp combination as required in division (P) of this section;
(f) Previous temporary exemptions, if any, and addresses of premises thereunder; and
(g) Such other data and information as may be required by the director.
(2) Approval - limitation. The Director shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than 30 days from the date of issuance of the approval. The approval shall be renewable upon further written request for a maximum of one additional 30-day period. The Director is not authorized to grant more than one temporary permit and one renewal for a 30-day period for the same property within one calendar year.
(3) Disapproval - appeal. If the request for temporary exemption or its extension is disapproved, the applicant shall have the appeal rights provided in division (Q)(2) of this section.
(P) Other exemptions.
(1) Nonconformance.
(a) Bottom-mounted or unshielded on-premises or off-premises sign lighting shall be brought into compliance with the shielding standards no later than May 1, 2025.
(b) Post top antique or acorn style luminaires that cannot achieve full cutoff may be used if they achieve cutoff.
(c) 1. There shall be no change in use or lamp type, change or replacement of ballast or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this section.
2. All existing outdoor lighting fixtures shall be brought into compliance with the shielding standards of division (G) of this section not later than May 1, 2025. Compliance with the lumens cap is not mandatory but encouraged.
(2) Flag illumination. Illumination of city, county, state or U.S. flags with spotlights or flood lamps is exempt from all the requirements of this section.
(3) State and federal facilities. Compliance with the intent of this section by facilities that are owned, operated and maintained by the state or federal government is encouraged but not required.
(4) Emergency lighting. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this section for as long as the emergency exists.
(5) Swimming pool and fountain lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of division (G) of this section, though such lighting shall conform to all other provisions of this section.
(6) Fossil fuel lights. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this section.
(Q) Appeals.
(1) Historic properties. Properties designated as federal, state, or local historic landmarks or that are within a federal, state, or local historic district shall be exempt from this section if there is a finding of an adverse impact to any significant historical, cultural, or archaeological element of the property as determined in writing by the city historic landmark commission or by the Texas historic preservation officer whenever the City Historic Landmark Commission is without jurisdiction to require review of proposed work.
(2) Appeals. Any person aggrieved by any decision of the Director made in administration or enforcement of this section has the right of appeal to the Building Board of Appeals.
(Ord. 1249, passed 8- -25)
