Item 6C
M E M O R A N D U M
May 9, 2012
To:
Shana Yelverton, City Manager
From:
Ken Baker, AICP – Director of Planning & Development Services
proposed changes to the City's
Subject:
Item #6C –2nd Reading –Consider
Lighting Ordinance 693-B
Action
nd
Requested:
Consider on 2 readingproposed changes to the City’s lighting ordinance
to permit the use of Light Emitting Diode (LED) fixtures on poles over 42
inches in height and exterior wall mounted light fixtures that are within a
temperature range less than 4,300 degrees Kelvin. Other minor
modifications to the ordinance include changes to the shielding and
variance section of the ordinance. Proposed changes to the ordinance
are highlighted in red.
Background
Information:
LEDs are rapidly becoming the preferred lighting type for commercial
sites due to energy efficiency, longevity and safety of the fixtures. Also,
LED's are consider environmentally friendly, can be recycled and reduce
th
light pollution. At the March 20 City Council meeting staff presented a
comprehensive overview on the benefits of LED lighting, discuss LED
basics, review case study information, and discuss ordinance changes.
The video of this presentation is available on the city’s web site.
Citizen Input/
th
Board Review:
A SPIN meeting was conducted on April 24. No comments were
received on the proposed ordinance.
Planning & Zoning
Commission:
No action required.
City Council:
May 1, 2012; Approved first reading on consent (6-0).
Legal Review:
Currently under review.
Attachments:
Proposed Ordinance 693-C
ORDINANCE NO. 693-C
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR OUTDOOR
LIGHTING; ESTABLISHING ILLUMINATION STANDARDS;
ESTABLISHING LUMINANCE LIMITS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF CERTAIN ORDINANCES;
PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 if the Texas Local Government Code; and
WHEREAS, the City of Southlake has previously adopted regulations providing for
requirements for outdoor lighting in certain zoning districts; and
WHEREAS, the City Council has determined that it is necessary to provide for more
comprehensive regulations regarding the provision of outdoor lighting on private property within
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
the City;
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
PURPOSE
This Ordinance sets forth minimum criteria for the installation, use and maintenance of
outdoor lighting, the purposes of which are to:
(a)
preserve and enhance the lawful nighttime use and enjoyment of property;
(b)
protect drivers and pedestrians on nearby travel ways from disabling glare from
non-vehicular light sources that shine directly into their eyes and thereby impair
safe travel;
(c)
shield neighboring properties from nuisance glare and trespass resulting from
improperly directed or unshielded shield light sources;
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(d)
preclude or lessen light pollution;
(e)
promote efficient design and operation with regard to energy conservation; and to
(f)
curtail the degradation of the nighttime visual environment.
SECTION 2.
EXEMPTIONS
(1)The following uses shall be exempt from the requirements of this Ordinance:
(1)
Lighting installed on property used for a single-family or two-family
dwelling;
(2)
Lighting, such as street lights and traffic signal devices, installed by a
governmental agency for traffic safety control purposes on public rights-
of-way or property.
(3)
Temporary special effects of holiday lighting.
(4)
Lighting which is not subject to this Ordinance by state or federal law.
(5)
Specific exemptions as may be reviewed by the planning and zoning
commission and approved by the city council during a development, site
plan, or other similar review process so long as the requirements of
Section 9 are met.
(2)Other temporary lighting effects may be used for a period not to exceed 10 days if
approved by the building official or his designated representative. Any person
may submit a written request, on a form furnished by the city, to the building
official for a temporary exemption. The building official shall consider the
following information in determining whether to approve a request for temporary
exemption:
(1)
specific exemption requested;
(2)
type and use of outdoor light fixture involved;
(3)
duration of time for the requested exemption;
(4)
type of lamp and calculated lumens;
(5)
proposed location on premises of the outdoor light fixture; and
(6)
physical size of outdoor light fixtures and type of shielding provided.
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(3)An applicant may appeal any denial of such application to the city council, by
requesting a modification in accordance with Section 10. Such appeal must be
filed with the building official not more than 10 days after the denial.
SECTION 3.
DEFINITIONS
The following words when used in this Ordinance, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Bollard luminaire means a luminaire on a pole not over 42 inches in height designed to
project light below a horizontal plane running through the top of the fixture.
Candela means the unit of luminous intensity in a given direction. It is commonly called
one candlepower.
Correlated Color Temperatures are Color temperature identified in the unit of absolute
temperature, the kelvin, having the unit symbol K:
Color Temperatures over 4,301 K and above are called cool colors (blueish/white)
Color Temperature at 3,000K to 4,300K are called neutral colors
Color Temperatures at 2,999 are below are called warm colors (yellowish white
through red).
Diffusing Luminaires means a luminaire that scatters light substantially in all directions
as contrasted with a directional luminaire which confines its light principally in an angle
of less than 180 degrees.
Floodlight means a luminaire designed to project its light in a defined area. It is
directional in character.
Floodlight beam means the angular spread of light between two orthogonal planes each
of which equal ten percent of the maximum candlepower within the beam.
Footcandle means the amount of illumination provided by one lumen uniformly
distributed on one square foot of surface.
Footlambert means the luminance of a surface uniformly emitting, transmitting, or
reflecting one lumen per square foot of surface.
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Illumination means the density of the luminous flux (lumens) incident on a surface. It is
the quotient of the luminous flux divided by the area of the surface, expressed in foot
candles.
Light source means a device (such as a lamp) which produces visible energy as
distinguished from devices or bodies that reflect or transmit light, such as a luminaire.
Light Emitting Diode (LED) are diodes (electronic components that let electricity pass in
only one direction) that emit visible light when electricity is applied, much like a light
bulb.
Lumen means the quantity of luminous flux intercepted by a surface of one square foot,
all points of which are one foot from a uniform source of one candela. A one-candela
source provides 12.57 lumens.
Luminaire means a device or fixture containing a light source and means for directing
and controlling the distribution of light from the source.
Luminance means the luminous intensity per unit projected area of a given surface
viewed from a given direction for purposes of this Ordinance expressed in candelas
divided by distance squared.
Glare means light emitting from a luminaire with an intensity great enough to reduce a
viewer’s ability to see.
SECTION 4.
LIGHTING DESIGN
(1)Lighting systems, including the placement of luminaires, shall meet the
requirements of this Ordinance.
(2)Luminaires on poles over 42 inches in height and exterior wall mounted light
fixtures shall be either high pressured sodium lights or neutral or warm correlated
color temperature Light Emitting Diode (LED) lights (temperature equal to or
less than 4300 degrees Kelvin) or other lights giving a similar soft lighting effect.
The building official may approve alternate lighting if he finds that it:
(1)
provides at least approximate equivalence to the applicable specific
requirements of this Ordinance; and
(2)
is otherwise satisfactory and complies with the intent of this Ordinance.
(c)
Fully recessed lights in ceilings of canopies or roof overhangs may be of any type
provided the level of illumination does not exceed the limitations specified in
Section 5 hereof. See Appendix Illustration B.
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(d)
Luminaires causing glare at property line or in vehicle areas on streets or parking
lots are prohibited.
(e)
Incandescent bulbs may be used as decorative lighting provided the individual
lamps do not exceed 25 watts and do not otherwise conflict with this Ordinance.
SECTION 5.
ILLUMINATION
(a)
The intensity of illumination projected from one property to another property is
determined by the zoning district classification of the neighboring property and
shall not exceed the following intensities, as measured from the property line of
the neighboring property:
Footcandles Footcandles
Horizontal Vertical
Zoning of Neighboring Property
Agricultural, Single-family, and two-family residential districts 0.2 0.5
Multiple-family residential districts 0.5 0.5
Nonresidential districts, streets 3.0 3.0
Light industrial districts 5.0 5.0
(b)
The maximum outdoor computed or measured illumination level on a property
shall not exceed 20 foot candles outdoors at any point, except that lighting under
canopies (such as service stations) shall not exceed 30 foot candles.
SECTION 6.
MEASUREMENT.
(a)
Meter required. Lighting levels of outdoor lighting shall be measured in foot
candles with a direct reading portable light meter with a color and cosine
corrected sensor with multiple scales. The meter shall read within an accuracy of
plus or minus five percent. It shall have been tested and calibrated by an
independent commercial photometric laboratory or the manufacturer within one
year of date of use as attested to by a certificate issued by such laboratory.
(b)
Horizontal method of measurement. The meter sensor shall be mounted not more
than six inches above ground level in a horizontal position. Readings shall be
taken only after the cell has been exposed to provide a constant reading.
Measurements shall be made when the meteorological optical range is six miles or
further so that measurements will not be adversely affected by atmospheric
scatter. Measurements shall be made after dark with the existing questioned light
sources on, then with the same sources off. This procedure eliminates the effects
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of moonlight and other ambient light. The difference between the two readings
shall be compared to the footcandle ratings listed in Section 5(a) hereof.
(c)
Vertical method of measurement. The meter sensor shall be mounted at five feet
above ground level in a vertical position, perpendicular to the property line and
facing the outdoor lighting in question. Reading shall be taken only after the cell
has been exposed to provide a constant reading. Measurements shall be made
after dark with the existing questioned light sources on, then with the same
sources off. This procedure eliminates the effects of moonlight and other ambient
light. The difference between the two readings shall be compared to the
footcandle ratings listed in Section 5(a) hereof.
(d)
Computation of illumination. Illumination at a point may be computed in lieu of
measurement. Computation methods shall consist of a generally accepted
Illuminating Engineering society method, using certified photometric data
furnished by the fixture manufacturer, lamp manufacturer, photometric
laboratory, or other reliable authority satisfactory to the city. Computations shall
be based on new, properly seasoned lamps, new and clean fixtures, and at rated
voltage and wattage, with ballasts, lenses, shields, diffusers, and other
appurtenances in place, and with proper regard taken for mounting height, relative
elevation, natural and manmade objects.
SECTION 7.
LUMINANCE.
(a)
Limits. The intensity of luminance projected from one property to another is
determined by the zoning district classification of the neighboring property and
shall not exceed the following limits:
Zoning of Neighboring PropertyLuminance
(1) Single-family and two-family residential districts 0.02
(2) Multiple-family residential districts 0.05
(3) Nonresidential districts, streets 0.30
(4) Industrial districts 0.50
(b)
Calculations generally. Because of the lack of a practical means of measuring
fixture luminance in the field, and because of the factors involved in glare, a
computational method shall be used, the results of which determine compliance
with this section. The point from which luminance calculations shall be made is
five feet above ground at the property line of the property adjacent to the property
with the outdoor lighting.
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(c)
Luminance calculations using luminaire photometric data. Luminance shall be
computed by the formula:
L = I___
22
d + h
where “I” is the fixture candlepower in candelas in the direction of the point from
which the calculations are to be made, “d” is the shortest distance in feet
measured horizontally from the property line to a point directly under the
luminaire, and “h” is the height of the luminaire above the eye level as explained
in Appendix A illustration.
SECTION 8.
ENFORCEMENT.
(a)
Illumination in excess of limits. If the illumination, as measured, exceeds the
limits stated in Section 5 hereof, the illumination shall be reduced until the
illumination is equal to or less than the limits prescribed in Section 5. This may be
accomplished by removal of the light, reduction in the quantity of luminaires,
reduction of the wattage of the lamps, shielding the luminaires or aiming of the
luminaires.
(b)
Luminance in excess of limits. If the luminance of a luminaire, as calculated,
exceeds the limitations stated in Section 7 hereof, the luminance shall be reduced
until the luminance is equal to or less than the limits prescribed in Section 7. This
may be accomplished by reduction of the wattage of the lamps, shielding the
luminaire of by re-aiming of the luminaires.
(c)
Shielding. Fixtures or luminous must be fully shielded. Fully shielded means a
light fixture or luminous tube constructed and mounted such that all light emitted
by the fixture or tube, either directly from the lamp, tube, or a diffusing element,
or indirectly by reflection or refraction from any part of the luminaire, is projected
below the horizontal. Fixture or luminaires shall be aimed in such a manner that
the viewer’s eye, five feet above ground at or beyond the property line, shall not
be exposed to fixture luminance within the floodlight beam of the luminaire. If
such luminaires cannot be aimed they shall be shielded such that the light source
is effectively concealed from view from the neighboring property. Shielding may
be accomplished by louvers, baffles, visors, or shields placed on the luminaires, or
by plantings, fences, berms, elevation, or any other method such that the
limitations of Section seven (7) hereof are met. Shielding techniques shall be
indicated on the lighting plan and approved by the City prior to the issuance of a
permit.
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SECTION 9.
PLANS AND SUBMITTALS.
(a)
Lighting plans submitted for review and approval for concept plans, site plans,
and building permits shall include a schematic lay-out of all proposed exterior
fixture locations, foot candle data, and a plot demonstrating intensities and
uniformities within the limitations established in this Ordinance.
(b)
When requested by the building official, the applicant shall submit a visual impact
photometric plan that demonstrates both light coverage and light spillage resulting
from the proposed lighting plan and the provision for adequate measures to
mitigate nuisance from light pollution and disabling glare both on the uses or
development site and on adjacent properties.
(c)
Should any outdoor light fixture or the type of light source be changed after
receiving approval pursuant to this Ordinance, the owner shall submit a change
request to the building official for his approval, together with adequate
information to assure compliance with this Ordinance.
SECTION 10.
APPEALS; VARIANCES; MODIFICATIONS
(a)
A person may request a modification or variance from the provisions of this
Ordinance. The person shall submit an application for a variance to the building
official on forms prescribed by the building official.
(b)
A person who is dissatisfied with the decision of the building official may file an
appeal. The person may file an appeal not more than 10 days after the
determination of the building official. The person shall submit an appeal to the
building official on forms prescribed by the building official.
(c)
The city council, after receiving a recommendation from the planning and zoning
commission, may grant a modification or variance from the provisions of this
Ordinance in any either of the following circumstances:
(1)
Upon finding that strict application of the Ordinance would not forward
the purposes of this Ordinance, or that alternatives proposed by the
applicant would satisfy the purposes of this Ordinance at least to an
equivalent degree.
(2)
Upon finding that an outdoor light, or system of outdoor lights required
for a particular use cannot reasonably comply with the standard and
provide sufficient illumination for safety or security, as determined by
recommended practices adopted by the Illuminating Engineering Society
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of North American for the particular use or other evidence submitted by a
professional engineer or other professional organization.
(3)
Upon finding where a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to the public interest or the intent but do
substantial justice and be in accordance with the spirit of the regulations
and this Ordinance.
(d)
The city council, may impose such conditions on a modification or variance
which it deems appropriate to further the purposes of this Ordinance.
SECTION 11.
CONFORMANCE WITH APPLICABLE CODES.
All outdoor electrically powered illuminating devices shall be installed in conformance
with
the provisions of this Ordinance, the Building Code and the Electrical Code, as applicable.
SECTION 12.
EXISTING LIGHTING
(a) When outdoor lighting does not conform to the provisions of this Ordinance and
lawfully exists on the effective date of this Ordinance or when plans for outdoor lighting has
been lawfully submitted in connection with an application for a building permit, concept plan,
development plan or site plan, it shall be deemed a lawful use, subject to the following
conditions:
(1) If a person makes any change or addition to an existing lighting system, the
change or addition shall conform to the provisions of this Ordinance; and
(2) If a person makes any change or addition to an existing building which results in
an increase in the size of the building by more than 20 percent, the person shall
ensure that the existing outdoor lighting shall conform to the provisions of this
Ordinance.
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(b) A person may file an application for a variance from the requirements of Section
12(b) with the City Council as provided in Section 10 hereof. In considering
whether to grant a such a variance, the City Council shall consider, in addition to
the factors enumerated in Section 10 hereof, the costs necessary to comply with
this Ordinance and the extent of economic hardship that a person would incur in
order to conform to the provisions of Section 12 (b) hereof.
SECTION 13.
PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 14.
PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 15.
SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
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judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 16.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed. Specifically, this ordinance shall be cumulative of the provisions regarding
outdoor lighting as contained in the Zoning Ordinance.
SECTION 17.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained. The provisions of this ordinance shall apply to all
applications for building permits filed on or after the effective date.
PASSED AND APPROVED ON FIRST READING ON THIS _____ DAY OF
________________, 2012.
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
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PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY OF
________________, 2012.
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
EFFECTIVE:_______________________
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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APPENDIX ILLUSTRATIONS
A
Factors for Luminance Determination
B
Ceiling Light in Canopy or Overhang
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