Ordinance 2007-15

AN ORDINANCE REPLACING 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 lighting and glare standards are difficult to enforce; and

WHEREAS, the City's current lighting and glare standards are insufficient to adequately protect Bastrop's visible night sky; and

WHEREAS, the Planning & Zoning Commission, after notice and hearing, recommended that Section 45 of the Zoning Ordinance be replaced in its entirety as provided herein.

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

Part 1:That Section 45 of the Zoning Ordinance (Article 12, "Appendix A") of the Bastrop City Code of Ordinances be replaced to read as follows:

Section 45 Outdoor Lighting Standards.

45.1 Purpose and intent. To afford every citizen of Bastrop the flexibility to engage in the pursuit of safe, inexpensive lighting practices for the purpose of commerce and private use without being impeded upon or impeding upon other citizens desiring a more pristine night time environment free from light pollution, waste, trespass, or clutter while providing night-time safety, security and productivity. Accordingly, it is the intent of this Ordinance to encourage lighting practices and systems which will minimize light pollution, glare, light trespass, and conserve energy while maintaining night-time safety, utility, security and productivity.

45.2 Applicability .

A. New uses, buildings and additions. All proposed new land uses, developments, buildings, structures, or building additions of twenty-five percent (25%) or more in terms of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, either with a single addition or cumulative additions subsequent to the effective date of this provision, July 7, 2007, shall meet the requirements of this Ordinance for the entire property. This includes additions which increase the total number of required parking spaces by twenty-five percent (25%) or more. For all building additions of less than twenty-five percent (25%) cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.

B. Change of use/ntensity. Except as provided in subsection (3)c. of this section, whenever the use of any existing building, structure, or premises is changed to a new use, or the intensity of use is increased through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of 25 percent or more, either with a single change or cumulative changes subsequent to the effective date of this provision, July 7, 2007, then all outdoor lighting facilities shall meet the requirements of this Ordinance for the entire property, to the maximum extent possible as determined by the Director of Planning and Development. For changes of use or intensity which require an increase in parking of less thantwenty-five percent (25%) cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.

C. Compliance for single-family residences shall be enforced on a complaint basis.

45.3 Conflicting Requlations. In the event of conflict between the regulations set forth in this Code and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern.

45.4 Nonconforminq uses, structures or lots.

A. Whenever a nonconforming use, structure or lot is abandoned for a period of 180 consecutive days and then changed to a new use according to the requirements of Section 7, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Director of Planning and Development.

B. No outdoor lighting fixture or use which was lawfully installed or implemented prior to the enactment of this Ordinance shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this Ordinance, except that identical lamp replacement is allowed.

C. In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Ordinance.

45.5 Approved materials and methods of construction or installation/operation.

A. The provisions of this Ordinance are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed by this Ordinance, provided any such alternate has been approved by the City Council.

B. The City Council may approve any such proposed alternate provided that such alternate:

(i) Provides at least equivalence to the applicable specific requirements of this Ordinance; and

(ii) Is otherwise satisfactory and complies with the intent of this Ordinance.

45.6 Definitions.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the discontinuation of use for a period of six (6) months.

Class 1 lighting means 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.

Class 2 lighting means all outdoor lighting used for but not limited to illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination of the grounds is the primary concern.

Class 3 lighting means any outdoor lighting used for decorative effects, including but not limited to architectural illumination, flag monument lighting, and illumination of trees, bushes, etc.

Planning and Development Director means the Director of Planning and Development for the city or his/her designated representative.

Development project means any residential, commercial, industrial or mixed use subdivision plan or individual building development or remodeling plan which is submitted to the city for approval.

Direct illumination means illumination resulting from light emitted directly from a lamp, luminary or reflector, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

Fully shielded fixture means that fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. See Appendix A for examples.

Installed means attached, or fixed in place, whether or not connected to a power source.

Light trespass is spill light falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner.

Lumen is the unit used to measure the actual amount of visible light, which is produced by a lamp as defined by the manufacturer.

Luminary means the complete lighting assembly, less the support assembly.

Multi-class lighting means any outdoor lighting used for more than one purpose, such as security and decoration, when those purposes fall under the definitions for two or more lighting classes as defined for Class 1, 2 and 3 lighting above.

Motion sensing security lighting means a fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of switching on a lamp when motion is detected inside the area or perimeter, and switching the lamp off when the detected motion ceases.

Net acreage means the remaining ground area of a parcel after deleting all portions for proposed and existing public rights-of-way and undeveloped area.

Outdoor light fixtures means all outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and floodlights for:

A. Buildings and structures.
B. Recreational areas.
C. Parking lot lighting.
D. Landscape and architectural lighting.
E. Billboards and other signs (advertising or other).
F. Street lighting, excluding antique street and pedestrian lighting as approved by the City Council or such other person as they may authorize.
G. Product display area lighting.
H. Building overhangs and open canopies.
I. Security lighting.

Outdoor recreation facility means an area designed for active recreation, whether publicly or privately owned, including but not limited to parks, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools.

Person includes a corporation, company, partnership, firm, association or society, as well as an individual.

Security lighting means lighting designed to illuminate a property or grounds for the purpose of visual security. This includes fully shielded lighting designed to be left on during night time hours as well as motion sensing lighting fixtures.

Temporary lighting means lighting which does not conform to the provisions of this Ordinance and which will not be used for more than one 45 day period within a calendar year. Temporary lighting is intended for uses which by their nature are of limited duration; e.g. holiday decorations, civic events, or construction projects.

Total outdoor light output means the maximum total amount of light, measured in lumens, from all outdoor light fixtures on a property. For lamp types that vary in their output as they age (such as high pressure sodium and metal halide), the initial output, as defined by the manufacturer, is the value to be considered.

Unshielded fixture means a fixture that allows light to be emitted above the horizontal directly from the lamp or indirectly from the fixture or a reflector. See Appendix A for examples.

Watt is the unit used to measure the electrical power consumption (not the light output) of a lamp.

45.7 Preferred source. Due to their high energy efficiency, long life and spectral characteristics, low-pressure sodium (LPS) lamps are the preferred illumination source throughout the city. Their use is encouraged for outdoor illumination whenever possible.

45.8 Liqhtinq requirements.

A. Outdoor floodlighting by flood light projection above the horizontal is prohibited except for lamps specifically exempted under subsections K and Q of this section and properly adjusted motion sensing security lighting fixtures as defined in section 45.6.

B. All light fixtures which are required to be shielded shall be installed in such a manner that the shielding complies with the definition of fully shielded fixtures.

C. All light fixtures, including security lighting, except street lamps, shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the source. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing lighting fixtures shall be properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases.

D. No new mercury vapor light fixtures or replacement equipment other than bulbs shall be sold or installed for use as outdoor lighting within the city after the effective date of this Ordinance.

E. Search lights, laser source lights, strobe or flashing lights, motion or illusion lights or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel at their direction or as permitted in section 45.11. Does not include movie projection in conjunction with `Movies in the Park' or an approved special event permit.

F. Class 1 lighting, including but not limited to, sales, service, commercial, assembly, repair, maintenance, and industrial areas, may only continue in operation until 10:00 p.m., or for as long as the area is in active use. This provision is not applicable to fixtures lawfully installed or implemented prior to the adoption of the Ordinance.

G. Class 2 lighting shall have no time restrictions except as specified by the City Council for new projects as specified herein.

H. Class 3 lighting, except for flag pole lighting, should be extinguished after 10:00 p.m. or when the business closes, whichever is later, except that low-wattage holiday decorations may remain on all night from November 1 to January 30.

I. Multi-class lighting, except for security lights, must conform to the time limitations of the strictest class.

J. Except as permitted in subsections K, L and M of this section, total outdoor light output, excluding streetlights used for illumination of public rights-of-way, of any development project shall not exceed 100,000 lumens per net acre, averaged over the entire property. No more than 5,500 lumens per net acre may be accounted for by lamps in unshielded fixtures permitted in subsection Q of this section.

K. Lighting, in all cases, for all outdoor athletic fields, courts, tracks or ranges shall be considered Class 1. Lighting allowed in this subsection shall be subject to approval of the City Council. When the proposed lumens per acre exceeds the limits of subsection J of this section, the installation shall be designed to achieve no greater than the minimum luminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). The installation shall also limit off-site spill (off the parcel containing the sports facility) to a maximum of 0.5 fc at any location on any nonresidential property, and 0.05 fc at any location on any residential property, as measurable from any orientation of the measuring device. Every such lighting system design shall be certified by a Texas registered engineer as conforming to all applicable restrictions of this Ordinance. All events shall be scheduled so as to complete all activity by 10:00 p.m. Illumination of the playing field, court, track or range shall be permitted after 10:00 p.m. only to conclude a scheduled event that was unable to conclude before 10:00 p.m. due to unusual circumstances. Fully shielded lighting shall be required for fields designed for amateur, recreational or nonprofessional sports activity. For professional level sports facilities where fully shielded fixtures are not utilized, acceptable luminaries shall include those which:

(i) Are provided with internal or external glare control louvers, or both, and installed so as to minimize uplight and offsite light trespass as required in subsection J of this section; and

(ii) Are installed and maintained with aiming angles that permit no greater than two percent of the light emitted by each fixture to project above the horizontal.

L. Lighting for outdoor display lots shall be considered Class 1, and shall conform to the lumens per acre limits of subsection J of this section except as follows:
All such lighting shall utilize fully shielded luminaries that are installed in a fashion that maintains the fully-shielded characteristics. When the proposed lumens per acre exceed the limits of subsection J of this section the installation shall be designed to achieve no greater than the minimum luminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). The installation shall also limit off-site spill (off the parcel containing the display lot) to a maximum of 0.5 fc at any location on any nonresidential property, and 0.05 fc at any location on any residential property, as measurable from any orientation of the measuring device. Every such lighting system design shall be certified by a state registered engineer as conforming to all applicable restrictions of this Ordinance. Outdoor display lot lighting exceeding the lumens per acre cap of section J of this section shall be turned off at 10:00 p.m. or within 30 minutes after closing of the business or activity whichever is later. Lighting in the outdoor display lot after this time shall be limited to Class 2 lighting, and shall conform to all restrictions of this Ordinance applicable for this class, including the lumens per acre caps in section J of this section.

(ii) Lighting allowed in this subsection shall be subject to approval of the City Council.

M. Lighting for service station or similar canopies shall be considered Class 1 lighting. All luminaries shall be flush with the lower surface of canopies and utilize flat glass or plastic covers. The total light output used for illuminating service station canopies, defined as the sum of undercanopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy. All lighting mounted under the canopy except internally illuminated signs, shall be included in the total. Fifty percent (50%) of the lumen output of all lamps mounted within or under a canopy, except internally illuminated signs, is included in the lumen caps in subsection J of this section.

N. Lighting used for all externally illuminated signs shall conform to all restrictions of this Ordinance and shall be fully shielded.

O. All site lighting not directly associated with the special uses as permitted in sections 45.6 and 45.8 shall conform to all lighting standards described in this Ordinance.

P. Outdoor internally illuminated advertising signs shall either be constructed with an opaque background and translucent letters and symbols or with a colored (not white, cream, off-white, yellow or other light color) translucent background, with either translucent or opaque letters and symbols. Opaque means only that the material must not transmit light from the internal illumination source; the color of such opaque backgrounds is not restricted by this section. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in subsection J of this section.

Q. The requirements for lamp source and shielding of light emissions for outdoor light fixtures are as follows:

Ordinance 2007- 15