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Ordinance 2003-15


ORDINANCE NO. 2003-15


AN ORDINANCE AMENDING ARTICLE 12 "APPENDIX "A" (ZONING ORDINANCE) OF THE BASTROP CITY CODE PERTAINING TO RULES FOR LIGHTING AND GLARE STANDARDS; REPEALING CONFLICTING PROVISIONS, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City's current Zoning Ordinance does not currently address lighting standards for driveways, pedestrian areas, drive through facilities, and wall mounted lights; and

WHEREAS, the City's current Zoning Ordinance also does not include provisions relating to the shielding of lighting or for canopy lighting; and

WHEREAS, the Planning & Zoning Commission, after notice and hearing, recommended that Section 45.2 of the Zoning Ordinance be amended as provided herein.

NOW THEREFORE, be it ordained by the City Council of the City of Bastrop, Texas, that:

Part 1: That Section 45.2 of the Zoning Ordinance (Article 12, "Appendix A") of the Bastrop City Code of Ordinances be amended to read as follows:

45.2 NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS:

A. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property.

B. The exterior areas for non-residential uses in non-residential districts which are used after dark shall be illuminated beginning one-half ('/z) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within these areas shall meet the following minimum requirements:

1. Intensity:

a. Minimum at any point on the parking area surface to be at least 0.6 foot candles initial. and at least 0.3 foot candles maintained or one-third (1/3) of the average, whichever is greater.

b. Illumination shall not exceed an average of one (1) foot candle at ground. The
following shall be excluded from the calculation of area intensity:
i. Semi-enclosed areas, such as drive throughs;
ii. Wall-mounted lights whose beam "washes the wall" (i.e. casts a light no
more than five feet from the wall: and
iii. Light cast by or onto an illuminated sign.

2. Distribution

A. All outside lights shall be made up of a light source and reflector so that, acting together, the light beam is controlled and not directed across any other property line above a height of three (3) feet.

B. The allowable maximum intensity measured at the property line of a residential use
in a residential district shall be 0.25 foot candles.

C. Semi-enclosed areas, wall mounted lights, and lights illuminating signs are not
exempt from the distributions provisions of this section.

D. Variations of less that 5% in intensity or distribution may be allowed if necessary to
be consistent with an historic replica theme or other themed lighting scheme that
has been approved by the City.

3. Light Poles

a. any light pole shall be placed on the site at a setback equal to its height from all adjacent residentially used property, except as may be required if traffic and pedestrian safety are potentially compromised.

b. On tracts or lots over three (3) acres in size, the maximum height for poles with lights is thirty feet (30').

c. On tracts or lots less than three (3) acres, the maximum height of poles with lights is twenty feet (20').

d Special lighting or lighting higher than thirty feet (30') may be approved as specifically noted on a site plan if compliant with other standards and if unique, site or operational circumstances exist.

Part 2: That Section 45.4 of the Zoning Ordinance (Article 12, "Appendix A") of the 1 astrop City Code of Ordinances be amended to read as follows:

45.4 LUMINAIRES:

A. Pole and wall-mounted light sources shall be of a down-light type. indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

B. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in 45.5 below.

C. Luminaries used in semi-enclosed areas, such as canopies and drive throughs, shall be recessed or shielded so that light is not distributed more than five (5) feet outside the edge or the canopy, drive through, or other semi-enclosed area.

Part 3: That Section 45.5 of the Zoning Ordinance (Article 12, "Appendix A") of the Bastrop City Code of Ordinances be amended to read as follows:

45.5 SPECIAL OR TEMPORARY LIGHTING - LOW WATTAGE:

A. Bare bulbs or strings of lamps are prohibited, except during holidays.

B. Special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday use and must be removed between holiday periods.

Part 4: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.

Part 5: This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas.

READ and APPROVED on First Reading on the 13th day of May 2003.
READ and ADOPTED on Second Reading on the 27th day of May 2003.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary

APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorneys

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