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Ord 879 Amending Chapter 102 Article 6 Division 2 Outdoor Lighting Standards TOWN OF WESTLAKE ORDINANCE NO. 879 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102, "ZONING" ARTICLE 6 "PERFORMANCE STANDARDS", DIVISION 2 "OUTDOOR LIGHTING", SECTIONS 102-206 THROUGH 102-240 BY PROVIDING FOR NEW DEFINITIONS AND NEW STANDARDS FOR OUTDOOR LIGHTING; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that new standards for outdoor lighting be adopted; and WHEREAS, the Town Council of the Town of Westlake adopted Ordinance 386 on January 22, 2001 establishing outdoor lighting standards for the Town of Westlake; and WHEREAS, the Town Council of the Town of Westlake has adopted a Comprehensive Plan for the Town of Westlake established by Ordinance 747; and WHEREAS,the Town Council of the Town of Westlake has amended the Comprehensive Plan by providing Urban Lighting Zones established by Ordinance 878; and WHEREAS, the Town Council of the Town of Westlake has a desire to be a dark-skies community; and WHEREAS, upon the recommendation of the Town of Westlake Planning & Zoning Commission,the Town Council of the Town of Westlake,Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments Section 102-206 through 102-240 of the Town of Westlake Code of Ordinances should be approved and adopted. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 102, "Zoning" Article 6 "Performance Standards", Division 2 "Outdoor Lighting", Sections 102-206 through 102-240 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Ordinance 879 Page 1 of 22 CHAPTER 102 ZONING ARTICLE VI PERFORMANCE STANDARDS DIVISION 2. OUTDOOR LIGHTING Section 102-206 Definitions. Accent lighting. Lighting used to emphasize or draw attention to a special object or building. Adaptive Controls. Devices such as motion sensors,timers and dimmers used in concert with outdoor lighting equipment to vary the intensity or duration of operation of lighting. Advertising searchlight. An outdoor advertising device used to direct beams of light upward. Ambient light. The general overall level of lighting in an area. Brightness. Strength of the sensation that results from viewing surfaces from which the light comes to the eye: Bulb or lamp. The source of electric light. To be distinguished from the whole assembly(see luminaire). Lamp often is used to denote the bulb and its housing. Candela (cd).Unit of luminous intensity. One candela is one lumen per steradian. Formerly called the candle. Candlepower. Luminous intensity expressed in candelas. Candlepower distribution curve. A plot of the variation in luminous intensity of a lamp or luminaire. Commission Internationale de 1'Eclairage (CIE). The International Commission on Illumination. Sets most lighting standards. Coefficient of Utilization (CU). Ratio of luminous flux (lumens)from a luminaire received on the "work plane" [the area where the light is needed] to the lumens emitted by the luminaire. Color Rendering Index (CRI). A measure of the accuracy with which a light source of a particular CCT renders different colors in comparison to a reference light source with the same CCT under normal daylighting. A high CRI provides better illumination with the same or lower lighting levels. Compact fluorescent. A discharge lamp having a coating of fluorescent material on its inner surface and containing mercury vapor whose bombardment by electrons from the cathode provides ultraviolet light which causes the material to emit visible light. Correlated Color Temperature (CCT). A measure in degrees Kelvin(°K) of light's warmness or coolness. Lamps with a CCT of less than 3,200 °K are pinkish and considered warm. Lamps with a CCT greater than 4,000 °K are bluish—white and considered cool. Ordinance 879 Page 2 of 22 Cosine law. Illuminance on a surface varies as the cosine of the angle of incidence of the light. The inverse square law and the cosine law can be combined. Cut off angle, of a luminaire. The angle,measured up from the nadir(i.e. straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible. Cutofffixture. An IES definition"Intensity at or above 90° (horizontal)no more than 2.5% of lamp lumens, and no more than 10%of lamp lumens at or above 80°". Dark adaptation. The process by which the eye becomes adapted to a luminance less than about 0.03 candela per square meter(0.01 footlambert). Diffuser. A device used to distribute light from a source. Dimmer. Dimmers can reduce the input power requirements and the rated lumen output levels of in- candescent and fluorescent lights. Fluorescent lights need special dimming ballasts. Dimming incandescent lights reduces their efficiency. Disability glare. Glare resulting in reduced visual performance and visibility. It is often accompanied by discomfort. Discomfort glare. Glare that produces discomfort, but does not necessarily diminish visual performance. Efficacy. The ratio of light output to its consumption of power,measured in lumens per watt (hn/W), or the ability of a lighting system to produce the desired result. Efficiency. A measure of the effective or useful output of a system compared to the input of the system. Energy (radiant energy). Unit is erg, or joule, or kWh. Fagade lighting. The illumination of the exterior of a building. Fixture. The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector(mirror) or refractor(lens), the ballast,housing, and the attachment parts. Fixture Lumens. A light fixture's light output after processing of emitted light by optics in that fixture. Fixture Watts. The total power consumed by a fixture. This includes the power consumed by the lamp(s) and ballast(s). Floodlight. A fixture designed to "flood" a well defined area with light. Flux (radiant flux). Unit is erg/sec or watts. Footcandle. Illuminance produced on a surface one foot from a uniform point source of one candela. A footcandle is equal to one lumen per square foot. Ordinance 879 Page 3 of 22 Foodambert. The average luminance of a surface emitting or reflecting light at a rate of one lumen per square foot. Full-cutofffixture. An IES definition; "Zero intensity at or above horizontal (90° above nadir) and limited to a value not exceeding 10% of lamp lumens at or above 80°". Fully shielded A luminary constructed or shielded in such a manner that all light emitted by the luminary either directly from the lamp or indirectly from the luminary, is projected below the horizontal plane through the luminary's lowest light emitting part as determined by photometric test or certified by the manufacturer. Glare. Direct lighting emitted from a luminary that causes reduced vision or temporary blindness. Intense and blinding light that reduces visibility. A light within the field of vision that is brighter than the brightness to which the eyes are adapted. Halogen lamp. A specialized type of incandescent lamp which has a significantly hotter filament than conventional incandescent lights. Rather than filling the bulb with an inert gas,the halogen bulbs use a highly reactive element. The resulting reaction produces a significantly brighter light and at extremely high temperatures. HID lamp. In a discharge lamp,the emitted energy (light) is produced by the passage of an electric current through a gas. High-intensity discharge(HID) include mercury,metal halide, and high pressure sodium lamps. Other discharge lamps are LPS and fluorescent. Some such lamps have internal coatings to convert some of the ultraviolet energy emitted by the gas discharge into visual output. High pressure sodium (HPS). A high intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 torr). BPS is essentially point source light. Horizontal plane. A line horizontal to the lowest point on the fixture from which light is emitted. House-side shield. Opaque material applied to a fixture to block the light from illuminating a residence or other structure being protected from light trespass. Illuminance. Density of luminous flux incident on a surface. Unit is footcandle or lux. Illuminating Engineering Society of North America (IES or IESNA). the professional society of lighting engineers, including those from manufacturing companies,and others professionally involved in lighting. Incandescent lamp. Any lamp that produces light by heating a filament through use of an electric current. Infrared radiation. Electromagnetic radiation with longer wavelengths than those of visible light, extending from the nominal red edge of the visible spectrum at 700 nanometers to 1 mm. Intensity. the degree or amount of energy or light. Ordinance 879 Page 4 of 22 Internally Illuminated Architecture. Any architectural element including walls or portions of buildings that is internally illuminated and that is not a sign, windows, or doors. International Dark-Sky Association (IDA, Inc.). A non-profit organization whose goals are to build awareness of the value of dark skies, and of the need for quality outdoor lighting. Inverse-square law. The illuminance at a point varies directly with the intensity, I,of a point source and inversely as the square of the distance, d,to the source. E=I/d2 kWh: Kilowatt-hour. A unit of energy equal to the work done by one kilowatt(1000 watts) of power acting for one hour. Lamp Life. The average life span for a specific type of lamp. Half of lamps will perform longer than the average;the others will fail before the average. LED. Light emitting diode. A semiconductor device that emits visible light when an electric current passes through it. LED, Narrow-Spectrum(Band)Amber. A light emitting diode (LED)with a peak wavelength between 585 and 595 nanometers and a full width at 50 percent power no greater than 15 nanometers. Light Pollution. Any adverse effect of artificial light. Light Quality. A measurement of a person's comfort and perception based on the lighting. Light source. A device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a luminary. Light Spill. The unwanted spillage of light onto adjacent areas and may affect sensitive receptors particularly residential properties and ecological sites. Light Trespass. The light from an artificial light source that is intruding into an area where it is not wanted or does not belong. Lighting Controls. The devices used for either turning lights on and off or for dimming. Photocells Sensors that turn lights on and off in response to natural light levels. Some advanced mode can slowly dim or increase the lighting. Low-Pressure Sodium (EPS) lamp. A discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure (about 0.001 torr). LPS is a"tube source". It is monochromatic light. Lumen. A unit of luminous flux;the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. Lumen depreciation factor. The light loss of a luminaire with time due to the lamp decreasing in efficiency, dirt accumulation, and any other factors that lower the effective output with time. Luminaire. A complete lighting unit that usually includes the fixture, ballasts, and lamps. Ordinance 879 Page 5.of 22 Luminaire Efficiency. The ratio of the light emitted by the luminaire compared to the light emitted by the enclosed lamps. Luminance. At a point and in a given direction,the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units: candelas per unit area. Luminary. A device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Lux. One lumen per square meter. Unit of illuminance. Mercury lamp. A high intensity discharge lamp where light is produced by radiation from mercury vapor. Metal halide lamp. A high intensity discharge lamp where light is produced by radiation from metal halide vapor. Nadir. A point on the celestial sphere directly below the observer, diametrically opposite the zenith. Nanometer (nm). 10-9 meter. Often used as the unit for wavelength in the EM spectrum. Nonessential lighting. Lighting that is not required to ensure the security, safety and the general welfare of the public and the premises. Occupancy Sensors, Passive Infrared. A lighting control system that uses infrared beams to sense motion. When beams of infrared light are interrupted by movement, the sensor turns on the lighting system. If no movement is sensed after a predetermined period,the system turns the lights off. Occupancy Sensors, Ultrasonic. A lighting control system using high—frequency sound waves pulsed through a space to detect movement by depth perception. When the frequency of the sound waves change,the sensor turns on the lighting system. After a predetermined time with no movement,the system turns the lights off. Opaque. Material must not transmit light from an internal illumination source. Optic. The components of a luminaire such as reflectors,refractors,protectors which make up the light emitting section. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. Includes all lights and luminous tubing used outdoors or in areas open to the outdoors,and lights used for external illumination of signs,but does not include lights used inside of internally illuminated signs or luminous tubing used in neon signs. For luminous tubes used outside of signage, output is calculated per linear foot of tubing rather than per lamp. For lamp types that vary in their output as they age (such as high pressure sodium,metal halide and fluorescent),the initial output, as defined by the lamp manufacturer, is the value to be considered. Ordinance 879 Page 6 of 22 Partially Shielded. Shielding so that the lower edge of the shield is at or below the centerline of the light source or lamp so as to minimize light transmission above the horizontal plane, or at least 90 percent of the emitted light projects below the horizontal plane as evidenced by the manufacturer's photometric data. Photocell. An electronic device that changes the light output of a luminaire dynamically in response to the ambient light level around the luminaire. Photometry or Photometric. The quantitative measurement of light level and distribution. Quality of light. A subjective ratio of the pluses to the minuses of any lighting installation. Reflector. An optic that achieves control of light by means of reflection(using mirrors). Refractor. An optic that achieves control of light by means of refraction(using lenses). Semi-cutofffixture. An IES definition; "Intensity at or above 90 (horizontal) no more than 5% of lamp lumens and no more than 20% at or above 80°". Shielding. An opaque,physical structure intended to restrict the transmission of light. Skyglow. Diffuse, scattered sky light attributable to scattered light from sources on the ground. Source Intensity. This applies to each source in the potentially obtrusive direction, outside of the area being lit. Spill Light. Light emitted by the lighting installation that falls outside the boundaries of the property on which the installation is sited. Spotlight. A fixture designed to light only a small,well-defined area. Stray light. The emission of light that falls away from the area where it is needed or wanted. Light trespass. Task Lighting. Task lighting is used to provide direct light for specific activities without illuminating the entire area. Ultraviolet light. Electromagnetic radiation with wavelengths from 400 nun to 100 nun, shorter than that of visible light but longer than X-rays. Uniformity ratio. A ratio of the smoothness of the lighting pattern or the degree of intensity of light or areas to be lighted.Uniformity is the ratio between the lowest and the mean illuminance level in the area to be evaluated(u = E°' ) The lower the ratio the more uniform the lighting Emin design. Value measurement, maximum. The measurement of light measured horizontal to the ground and three feet from the ground and directly beneath the light source. Value measurement, minimum. The measurement of light measured horizontal to the ground and three feet from the ground and midway between light sources. Minimum values are also the Ordinance 879 Page 7 of 22 measurements taken for inside structure measurements or in areas of generally uniform coverage such as canopies, ballfields, tennis courts, etc. Veiling luminance. A luminance produced by bright sources in the field-of-view superimposed on the image in the eye reducing contrast and hence visibility. Visibility. Being perceived by the eye. Seeing effectively. The goal of night lighting. Wallpack A luminaire,typically affixed to the side of a structure,used for area lighting. Watt. The unit used to measure the electrical power consumption of a lamp. Section 102-207 Purpose. This ordinance is intended to establish procedures and standards that which will minimize light pollution glare, light trespass, and conserve energy and maintain the quality of the town's physical and aesthetic character while promoting the best practices as established by the Illuminating Engineering Society of North America(IESNA) and the International Dark Sky Association(IDA). The use of outdoor lighting is often necessary for adequate nighttime safety and utility,but common lighting practices can also interfere with other legitimate public concerns. Principles among these are: (a) Degradation of the nighttime visual environment by production of unsightly and dangerous glare; and (b) Lighting practices that interfere with the health and safety of Westlake's citizens and visitors; and (c) Unnecessary waste of energy and resources in the production of too much light or wasted light; and (d) Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased urban sky-glow; and (e) The impact of inappropriately designed outdoor lighting that disrupts nocturnal animal behavior, particularly migrating birds and other species. Section 102-208 Applicability. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this division, the building code and the electrical code of the town as applicable and under appropriate permit and inspection. Except as approved otherwise by the Town Council, these performance standards shall apply to all zoning districts in the town. This ordinance shall apply to all outdoor lighting including, but not limited to, search, spot or floodlights for: (a) Buildings and structures; (b) Recreational use lighting; (c) Parking lot lighting; (d) Landscape lighting; Ordinance 879 Page 8 of 22 (e) Street and/or right-of-way lighting; (f) Other outdoor lighting. Section 102-209 Outdoor Lighting Plan. (a) Plan Submittal. An outdoor lighting plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-way,public easements, franchises and utility easements. The outdoor lighting plan shall be submitted prior to issuing a building permit. For nonresidential development the outdoor lighting plan must be approved by the Town Council. Except where required elsewhere, for residential developments, an outdoor lighting plan may be approved administratively by the Town Manager or their designee(s). (b) Applications. Plans shall include the following: (1) A site plan of the proposed fixture locations; (2) The luminous area for each proposed light source with photometrics in foot-candle measurement; (3) The average lighting level of the development; (4) The lamp type and height of the light fixture or of the light source above grade; (5) The type of illumination; (6) The cut-off angles of each fixtures; (7) The number of lumens and wattage of each fixture; (8) Color correlated temperature of each fixture measured in Kelvins as shown in Figure 1; (9) A plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of window shading,window tinting, structural screening, and operational arrangement of interior lights. (10) Such other information that the Town Manager or their designee(s)may determine is necessary to ensure compliance with this division. (c) Plan Approval. If the Town Manager or their designee(s) determines that any proposed lighting does not comply with this division,the permit shall not be issued nor the plan approved.Appeals may be made to the Town Council by the following the provisions of Section 102-217. (d) Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Town Manager or their designee(s) for approval,together with adequate information to assure compliance with this division, which must be received prior to substitution. (e) Certification of Installation. On projects where an engineer or architect is required,the developer shall verify in writing to the Town that all outdoor lighting was installed in accordance with the approved plans before the Certificate of Occupancy is issued. Until this certification is submitted, approval for use of a Certificate of Occupancy shall not be issued for the project. Ordinance 879 Page 9 of 22 (f) Record Drawings. In addition to the certificate of installation, a record drawing of the outdoor lighting plan, as-built, shall be provided upon completion of a development or project where any outdoor lighting was used by the architect or engineer of record. Section 102-210 General Regulations. (a) Preferred Source. Due to their high energy, long life, and spectral characteristics, Low- Pressure Sodium (LPS) lamps and Narrow-band amber LEDs (NBALED) are the preferred illumination source throughout the Town. Their use is to be encouraged,when not required, for outdoor illumination whenever their use would not be detrimental to the use of the property. In all applications where LPS lighting is required or preferred, an acceptable alternative is narrow-band amber LEDs. (b) Height of Fixtures. Lighting fixtures shall be a maximum of 16 feet in height for street lighting, right-of-ways,parking areas, and nonresidential zoning districts. Lighting fixtures shall be a maximum of 8 feet in height within non-vehicular pedestrian areas. Lighting fixtures within residential districts shall be no more than 12 feet in height and no light fixtures located within 50 feet of any residential district shall exceed 12 feet in height. Lighting fixtures affixed to signalized intersection shall be no more than 20 feet in height. (c) Light Emitting Diodes (LEDs). All LED lighting shall be dimmable and comport to all provisions of this division,unless specified otherwise. The following are preferred options for LED types in use with outdoor lighting: (1) Narrow-band amber LED (NBALED); (2) Phosphor-converted amber(PCALED); (3) Filter warm-white LED (FLED) (d) Lighting Temperature. All lighting must be less than 3000 Kelvins (K)per the correlated color temperature in Figure 1. FIGURE 1 KELVIN TEMPERATURE CHART 0 0 0 0 0 0 0 1500K n n o N o N m 8000K n n m m It It in F c`' as ae r. Da oa ayc. \oA �,a \tea o� coca �a as �a , .tea Kelvin �,a h�aca �' aa�a Goo Qat Temperature hWac Chart (e) Lighting Control Requirements. (1) Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control Ordinance 879 Page 10 of 22 device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller,building automation system or lighting energy management system, all with battery or similar backup power or device. (2) Motion Sensing. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer's instruction,to turn off when detected motion ceases. (3) Dimmable Lighting. Where possible,all outdoor lighting shall contain a dimmable option that comports with the standards of this division. (f) Lamp and Shielding. All light fixtures are required to be fully shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded light fixtures for all uses, including single-family, except as provided in Table 1. TABLE 1 LAMPING AND SHIELDING Lamp Type Shielding Low Pressure Sodium(LPS) Fully shielded, with 80° cut-off High Pressure Sodium (BPS) Fully shielded,with 80° cut-off Light Emitting,Diode(LED) Fully shielded,with 80° cut-off Metal Halide Fully shielded,with 80°cut-off Halogen Prohibited Mercury Vapor Prohibited Fluorescent Fully shielded, with 80° cut-off Incandescent Fully shielded,with 80° cut-off Any light source 625 lumens and under Unshielded permitted Low intensity Neon, Krypton or Argon Unshielded permitted discharge tubes Ordinance 879 Page 11 of 22 FIGURE 2 ACCEPTABLE/UNACCEPTABLE LIGHTING FIXTURES Unacceptable / Discouraged Acceptable Fixtures that produce glare and light trespass Fixtures that shield the light source to minimize glare and light trespass and to facilitate better vision at night Full Cutoff Fixtures mnro l.w' Unshielded Floodlights or Poorly-shielded Floodlights ® Fully Shielded Wallpack&Wall _ Mount Fixtures Unshielded &Unshielded or Poorly-shielded Wall Mount Fixtures , Fully Shielded Fixtures Drop-Lens&Sag-Lens Fixtures �e w/exposed bulb/refractor lens 9 ` Unshielded Streetlight Fully Shielded "am Light Unshielded Sollards Fully Shielded Ll U Unshielded Be- Walkway °o1beM1"""tl Bollards Light _ Fully Shielded Unshielded Decorative 'Period'Style FixturesV yShelded Fixtures ndnm,ma^nnd'StyleFixturesLouveredm s„'Marine'style ^r^mbma Fixtures Drop-Lens Canopy \r�7( �,x1x��/\\ Flush Mounted or Side Fixtures _ Shielded v\� Under Canopy Fixtures res Unshielded PAR T / Floodlights Shielded/Properly-aimed PAR Floodlights Ordinance 879 Page 12 of 22 FIGURE 3 SHIELDING CONFIGURATION No Shield Internal Shield External Shield FIGURE 4 FIXTURE CUTOFF ANGLES PW0 c,light above 90 degrees -7-4_ .90 degree 0 degree 10'6Iight above 80 degree Full cutoff lights (g) Total Outdoor Light Output. Light emitted from outdoor lighting is to be included in the total outdoor light output. Total outdoor light output shall not exceed 100,000 lumens per net acre for all nonresidential uses. Residential uses are evaluated on a per lot basis. Total outdoor light output shall be calculated as follows: (1) Light fixtures installed as described below shall be included in the total outdoor light output by adding 100 percent of the initial lumen outputs of the lamps used: a. All unshielded or partially shielded fixtures,regardless of location; b. Light fixtures installed on poles (such as parking lot light fixtures); c. Light fixtures installed on the side of buildings or other structures but not located as described in paragraphs (2) or(3). below; and Ordinance 879 Page 13 of 22 d. Light fixtures installed within open parking garages, or under canopies, building overhangs, or roof eaves that are not fully shielded or are fully shielded but not located as described in paragraphs (2) or(3)below. (2) Fully shielded light fixtures installed as described below shall be included in the total outdoor light output by adding only 25 percent(251/o) of the initial lumen outputs of the lamps used: a. Fully shielded light fixtures located within open parking garages, or located under canopies,building overhangs, or roof eaves, where all parts of the light fixture are located at least five feet but less than 10 feet from the nearest outdoor opening, canopy, or overhang edge. (3) Fully shielded light fixtures installed as described below shall be included in the total outdoor light output by adding only 10 percent(10%) of the initial lumen outputs of the lamps used: a. Fully shielded light fixtures located within open parking garages, or located under canopies, building overhangs, or roof eaves, where all parts of the light fixture are located 10 feet or more from the nearest outdoor opening, canopy, or overhang edge. FIGURE 5 FREE STANDING & ATTACHED CANOPY SECTION Free Standing Attached 100% 100% 100% F7 Canopy Edge 25%_ 100%_ 0<_5'from Canopy Edge 25% i 0 5-10'from Canopy Edge 10% 0>1 O'from Canopy Edge 1 00 ^ 0" Q 0 Plan Plan Section Section (4) The Total outdoor light output shall not exceed the limits in Table 2 averaged over the entire development. All site lighting shall not exceed the intensities and uniformity ratios in Table 2 below,unless otherwise specified in this division. Ordinance 879 Page 14 of 22 TABLE 2 AVERAGE LIGHTING LEVELS Lighting Levels (footcandles) Type of Lighting/Land Use Minimum Average Maximum Architectural Lighting 0.0fc 1.Ofc 3.Ofc Canopy Area Lighting 0.5fc 2.Ofc 5.Ofc Entrances and Exits 0.5fc 1.5fc 5.0fc Loading and Unloading Areas 1.0fc 2.Ofc 5.Ofc Multifamily Residential 0.5fc 1.5fc 5.0fc Nonresidential 0.5fc 1.5fc 10.0fc Parking Lots/Vehicle Areas/ Streets 0.25fc 1.Ofc 5.Ofc Public Facilities (recreational areas) 2.5fc 5.0fc 10.0fc Residential O.Ofc l.Ofc 5.Ofc Security Lighting 0.20fc 1.Ofc 5.Ofc Walkways, Landscape or Decorative Lighting O.Ofc Loft 3.0fe (g) Time Limits for Outdoor Lighting. All outdoor lighting shall be turned off at the times listed below. Decorative holiday lights are exempt in accordance with the regulations outlined in this division. (1) Nonresidential. All nonessential lighting shall be turned off no later than thirty (30) minutes after the business closes or after 11:00 p.m., whichever is later, and remain off for the remainder of the night or until the business reopens, leaving only necessary lighting for site security. (2) Residential. All nonessential lights exceeding 625 lumens shall be turned off after 11:00 p.m., leaving only necessary lighting for site security. (3) Recreational Facilities. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical,but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. (h) Sign Illumination. Standards for external and internal sign illumination are subject to the provisions in Chapter 70—Signs of the code of ordinances. Light used for illumination of signs is included toward the total outdoor light output standards of this division. Ordinance 879 Page 15 of 22 Section 102-211 Illumination. (a) Illumination. Unless otherwise provided in this division,illumination, where required by this division, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America(IESNA) as from time to time amended and the International Dark-Sky Association(IDA). (b) Measurement. Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted Illuminating Engineering Society of North America methods. (1) 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. (2) 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. (c) 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 of North America method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer,photometric laboratory, or other reliable authority satisfactory to the town. Computations shall be based on new,properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height,relative elevation,natural and manmade objects. (d) Light Trespass Standard. No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenth of one footcandles of light measured at the residential property line and twenty-five hundredths of one footcandles at any adjoining nonresidential property line: TABLE 3-LIGHTING AT PROPERTY LINES Zoning of Property Horizontal Foot-candles (fc) Residential districts 0.1 Ofc Nonresidential districts 0.25fc Ordinance 879 Page 16 of 22 (e) Lumens. Brightness of a light fixture shall be measured in lumens. Where applicants may need to measure equivalency of lumens and watts, Table 4 below shall be used. Where a ratio is not listed in the table,the best practices as prescribed by the IESNA shall apply: TABLE 4 LUMEN-WATT EQUIVALENTS Power Consumption (Watts) Light Output (Lumens) Standard Compact LED Incandescent Fluorescent 200L 25W 6W 4W 450L 40W 9W 8W 800 L 60W 14 W 13 W 1,100 L 75W 19 W 17 W 1,600 L 100 W 23 W 20W 2,000 L 125 W 33W 22 W 2,400-2,600 L 150 W 43 W 28W Section 102-212 Special Uses. (a) Security Lighting. (1) Unless otherwise provided in this division, all building lighting for security will be fully shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with 80-degree cut-off and shall not project above the fascia or roof line of the building. (2) Security fixtures shall not face residential uses. (3) Security fixtures shall not be substituted for parking area or walkway lighting and shall be restricted to loading, storage, service and similar locations. (b) Canopy Area Lighting. (1) Shielding. All development that incorporates a canopy type area including, but not limited to, service stations, automated teller machines, awnings, arcades, porte-cochere or similar installations shall use a recessed lens cover flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. Such shielding must be provided by the fixture itself and shielding by surrounding structures such as canopy edges is not permitted. Lighting along the canopy edge, side or roof is not permitted. Ordinance 879 Page 17 of 22 (2) Total Under-Canopy Output. The total light output used under service station canopies, defined as the sum of all under-canopy initial lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy and comply with the average lighting levels of Table 2. Z Lumens under Canopy < 40 lumens per square foot Square Feet of Canopy (3) All lighting mounted under the canopy, including but not limited to light fixtures mounted on or recessed into the lower surface of the canopy and any lighting within signage (but not including any lamps mounted within the pumps and used to illuminate information indicating the total cost of such items as fuel pumped and price per gallon), shall be included in the total outdoor light output for the site and is subject to the standards of this division. (c) Entrances and Exits. All entrances and exits to buildings used for nonresidential purposes and open to the general public, along with all entrances and exits in multifamily residential buildings, shall be lighted to ensure the safety of persons and the security of the building. All lighting shall conform to average lighting levels of Table 2. (d) Parking Lots, Garages and Loading Area Lighting. (1) All lighting facilities shall be arranged as to reflect the illumination away from any adjacent property. Such lighting facilities shall provide illumination within parking areas and shall distribute not more than one-fifth(0.20fc) of a foot-candle of light upon any adjacent residential property. (2) Parking lots and vehicle movement areas shall not exceed a maximum illumination value of five foot-candles (5.0fc) or a minimum illumination value of one-fourth (0.25fc) foot-candle. Lamps in decorative lantern type fixtures shall not exceed a maximum of 1,600 lumens. Total pole and fixture height shall not exceed a maximum of 16 feet, measured from grade at the base. (3) All lighting facilities shall be placed, masked or otherwise arranged such that illumination or glare shall not intrude on residential property or create a hazard to motorists on any street, alley or other public or private right-of-way. (4) All light fixtures used on open parking garages, including those mounted to the ceilings over the parking decks, shall be fully shielded. (5) The lumen output of lamps mounted on or within open parking garages shall be included toward the total outdoor light output standards of this division. (e) Outdoor Recreational Facilities. Any light source permitted by this division may be used for lighting of outdoor recreational facilities (public or private), such as,but not limited to, football fields, soccer fields,baseball fields, softball fields,tennis courts, driving ranges, Ordinance 879 Page 18 of 22 outdoor arenas and amphitheaters, show areas, or other field recreation facilities and are subject to the following conditions: (1) lllumination. Any illumination level exceeding a maximum of ten foot-candles (10.0fc) must receive prior approval by the Council. (2) Shielding. All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up light, spill-light, and glare. (3) Time Limits. No illuminated sports facility shall be illuminated after the time limits outlined in this division, except to conclude a scheduled recreational or sporting event in progress prior to the time limitation. (f) Street Lighting. (1) Standards for street lighting installed on public rights-of-way must conform to the Town Engineering Standards and the Town's Comprehensive Plan and the standards of this this division. (2) Street lighting installed on private rights-of-way shall be included within the total outdoor light output for the development. (3) Streetlights for both public and private right-of-ways are not exempt from the provisions of this division. (g) Internally Illuminated Architectural Elements.Any architectural element including walls or portions of buildings that are internally illuminated and that is not a sign or fenestration(e.g. windows or doors) shall have 100 percent of the initial lamp output of all lamps used to provide such illumination counted toward unshielded lighting for the purposes of calculating total outdoor light output for the site and is subject to the standards of this division. (h) Architectural, Aesthetic and Landscape Lighting. Architectural lighting used to illuminate the wall of a building or landscape lighting used to illuminate trees or other landscape elements is permitted. All building lighting for aesthetics shall be fully shielded type, not allowing any upward distribution of light and must be externally lit from the top and shine downward, except as provided below: (1) Architectural and landscape lighting that is directed downward onto a wall, tree or other landscape feature shall be included in the total outdoor light output standards provided in Table 2, based on whether a fully shielded or partially shielded light fixture is used; and (2) Architectural and landscape lighting that is directed upward onto a wall,tree or other landscape feature shall be included in the total outdoor light output standards provided in Table 2. Fixtures shall be located, aimed or shielded to minimize light spill into the night sky. (i) Emergency Lighting. Emergency lighting that is only tamed on in the event of a power failure or when an alarm is activated is permitted in all zoning districts and is excluded from the total lumen calculations for the site. Ordinance 879 Page 19 of 22 (j) Neon Building Lighting. Neon building lighting is included in the total outdoor light output calculations for the site. Any unshielded neon lighting is limited by the unshielded lighting limits of this division. Section 102-213 Prohibited Lighting. (a) Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. (b) Cobra-head fixtures. Cobra-head-type fixtures having dished or drop lenses are prohibited. (c) Searchlights. The operation of searchlights for advertising purposes is prohibited. (d) Floodlights. The use of floodlights is prohibited. (e) Up lighting. Up lighting of display,building and aesthetic lighting is prohibited, except where provided otherwise in this division. (f) Halogen lights. Halogen lights are prohibited. (g) Mercury vapor lights. Mercury vapor lights are prohibited. (h) Flashing lights. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating or strobe light illumination. Section 102-214 Exemptions. The following are exempt from the provisions of this division: (1) Emergency Lighting by Emergency Services. All temporary emergency lighting needed by the Westlake Department of Public Safety or other emergency services,as well as all vehicular luminaries. (2) Holiday Decorations. Seasonal decorative lighting is exempt from the provisions of this division provided that individual lamps are less than 10 watts incandescent or equivalent lumens. (3) Solar Powered Lighting. Solar powered lights less than 5 watts incandescent or equivalent lumens per fixture used in residential landscaping application and to illuminate walkways are exempt from applicable lamp type and shielding standards,but must conform the average lighting levels of Table 2. (4) Public Art. Lighting for public monuments and statuary as recommended by the Westlake Public Art Competition Advisory Committee and approved by the Town Council are exempt from the standards of this division. (5) Construction. All outdoor lighting used for construction or major renovation structures and facilities are exempt from the provisions of this division unless specified elsewhere in this division or code of ordinances. (6) Swimming Pool and Decorative Water Fountain Lighting. Underwater lighting in swimming pools and other water features are exempt from the lamp type and shielding standards. Ordinance 879 Page 20 of 22 Section 102-215 Temporary Exemptions. (a) Upon approval by the Town Manger or their designee(s),temporary exemptions from the requirements of this division shall be for a period not to exceed 10 days. (b) Any person may submit a written request, on a form prepared by the town for a temporary exemption request. The request shall fulfill the same requirements as defined in in the Outdoor Lighting Plan standards of this division. (c) Requests for renewal or exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than 10 days or a time period designated by the Town Manager or their designee. (d) Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixtures. (e) Roadway and/or street lighting,whether public or private, is not eligible for exemption. Section 102-216 Nonconforming. (a) All luminaries lawfully in place prior to the date of the ordinance from which this division is derived shall be considered as having legal nonconforming status. However, any luminary that replaces a legal nonconforming luminary, or any legal nonconforming luminary that is moved, must meet the standards of this division, 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 division; (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 twenty percent(20%),the person shall ensure that all existing outdoor lighting shall conform to the provisions of this division. Section 102-217 Appeals to Town Council. An applicant shall have the right to appeal a decision of the Town Manager or their designee(s). All such appeals shall be heard by the Town Council. The appeal(s) shall be filed with the Town Manager or their designee(s)within twenty (20) days after the date of decision by the Town Manager or designee. After the hearing on the appeal for an application, the Town Council shall grant or deny the appeal. Section 102-218 —102-240. -Reserved. SECTION I That all provisions not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person,firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of Ordinance 879 Page 21 of 22 the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake,Texas,that sections,paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019. ATTEST: Laura Wheat, Mayor • LU t, ��� t1C APPROVED AS TO'F ' RM: Kelly Edwards, Town Secretary L n on L Attorney * . mio rig I. FXAS Ordinance 879 Page 22 of 22 Star-Telegram MEDIA Arlington Citizen-Journal i The Keller Citizen i La Estrella Mansfield News-Mirror I Star-Telegram Northeast I WeathPrfnrdi Sia!-Te!erlram star•telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Ident,ficalion PO I Amount Cols Depth 603646 0004105139 TOWN OF WESTLAKE ORDINANCE NO. 879 A 9212.10 1 35.00 Li Attention: KELL EDWARDS THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 ROANOKE, TX 76262 Before me, a Notary Public in and for said County and State,this day personally appeared CHRISTINE TOWN OF WESTLAKE ORDINANCE NO. 879 LOPEZ, Bid and Legal Coordinator AN ORDINAI\ICE OF THE TOWN OF TOWN OF WESTLAKE , the Star-Telegram, published by WESTLAKE AMENDING CHAP- ORDINANCE NO. 879 TER 102, "ZONING" ARTICLE 6 AN ORDINANCE OF THE TOWN OF the Star-Telegram. Inc. at Fort Worth. "PERFORMANCE STANDARDS", WESTLAKE AMENDING CHAP- DIVISION 2 "OUTDOOR LIGHT- TER 102, "ZONING" ARTICLE 6 in Tarrant County, Texas, and who. ING", SECTIONS 102-206 "PERFORMANCE STANDARDS", THROUGH 102-240 BY PROVID- DIVISION 2 "OUTDOOR LIGHT- after being duly sworn. did depose ING FOR NEW DEFINITIONS ING", SECTIONS 102-206 and say that the attached clipping of AND NEW STANDARDS FOR THROUGH 102-240 BY PROVID- OUTDOOR LIGHTING; PROVID- ING FOR NEW DEFINITIONS an advertisement was published in ING A PENALTY; PROVIDING A AND NEW STANDARDS FOR CUMULATIVE CLAUSE; PRO- OUTDOOR LIGHTING; PROVID VIDING A SEVERABILITY the above named paper on the listed CLAUSE; PROVIDING A SAV- ��11G A PENALTY; PROVIDING A dates: INGS CLAUSE; AUTHORIZING .CUMULATIVE CLAUSE; PRO- PUBLICATION; AND ESTAB- VIDING A SEVERABILITY LISHING AN EFFECTIVE DATE. CLAUSE; PROVIDING A SAV- SECTION 5: That any person, INGS CLAUSE; AUTHORIZING firm or corporation violating any PUBLICATION; AND ESTAB- of the provisions or terms of LISHING AN EFFECTIVE DATE. this ordinance shall be subject SECTION 5: That any person, 1 Insertion(s) to the same penalty as provided firm or corporation violating any for in the Code of Ordinances of of the provisions or terms of Published On: the Town of Westlake, and upon this ordinance shall be subject conviction shall be punishable to the same penalty as provided February27,2019 by a fine not to exceed the sum for in the Code of Ordinances of of Two Thousand Dollars the Town of Westlake,and upon (47,000.00) for each offence. conviction shall be punishable Each day that a violation is per- by a fine not to exceed the sum mitted to exist shall constitute of Two Thousand Dollars a separate offense. PASSED a ($2,000.00) for each offense. AND APPROVED ON THIS 25TH Each day that) a violation per- mitted OF JANUARY 2019 mitted to exist shall constitute a separate offense. PASSED AND APPROVED ON THIS 25TH DAY OF JANUARY 2019 ,_______,:c25._pc,6 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 27th day of February in the year of 2019 (-5,____C____ , Notary Public- • • .:. ,nY '•�5„ LIZBETHAILEEN CORDEROi. • :: My Notary ID#131868068 . 'rF of;�+" Expires January 25,2023 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen i La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth.Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identrbcabon PO I Amount Cols Depth • 603646 0004106767 TOWN OF WESTLAKE ORDINANCE NO. 879 A $439.20 1 35.0C Li Attention: KELLY EDWARDS THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 . ROANOKE, TX 76262 Before me. a Notary Public in and for said County and State.this day personally appeared CHRISTINE TOWN OFW ORDINANCE NSO.LAKE 879 TOWN OF WESTLAKE LOPEZ, Bid and Legal Coordinator ANOE TLAAKE AMENDINGO,CHAP- AN ORDINANCE OF THE 879 WTOWN OF for the Star-Telegram. published by TER 102, "ZONING" ARTICLE 6 WESTLAKE AMENDING CHAP- the Star-Telegram. Inc. at Fort Worth, "PERFORMANCE STANDARDS", TER 102, "ZONING" ARTICLE 6 DIVISION 2 "OUTDOOR LIGHT- "PERFORMANCE STANDARDS", in Tarrant County, Texas;and who, ING", SECTIONS 102-206 DIVISION 2 "OUTDOOR LIGHT- THROUGH 102-240 BY PROVID- ING", SECTIONS 102-206 after being duly sworn. did depose ING FOR NEW DEFINITIONS THROUGH 102-240 BY PROVID- AND NEW STANDARDS FOR ING FOR NEW DEFINITIONS and say that the attached clipping of OUTDOOR LIGHTING; PROVID- AND NEW STANDARDS FOR ING A PENALTY; PROVIDING A OUTDOOR LIGHTING; PROVID an advertisement was published in CUMULATIVE CLAUSE; PRO- ING A PENALTY; PROVIDING A VIDING A SEVERABILITY CUMULATIVE CLAUSE; PRO- CLAUSE; the above named paper on the listed PROVIDING A SAV- VIDING A SEVERABILITY dates: INGS CLAUSE; AUTHORIZING CLAUSE; PROVIDING A SAV PUBLICATION; AND ESTAB- INGS CLAUSE; AUTHORIZING LISHING AN EFFECTIVE DATE. INGS PUBLICATION;UAND ESZING SECTION 5: That any person, PINNING AN EFFECTIVE DATE. TAB- firm or corporation violating any of the provisions or terms of SECTION 5: That any person, this ordinance shall be subject firm or corporation violating any 2 Insertion(s) to the same penalty as provided of the provisions or terms of for in the Code of Ordinances of this ordinance shall be subject the Town of Westlake,and upon to the same penalty as provided Published On: conviction shall be punishable for in the Code of Ordinances of by a fine not to exceed the sum the Town of Westlake,and upon February 28.2019,March 01,2019 of Two Thousand Dollars conviction shall be punishable CA2,000.00) for each offence. by a fine not to exceed the sum Each day that a violation is per- of Two Thousand Dollars mitted to exist shall constitute ($2,000.00) for each offense. a separate offense. PASSED Each day that a violation is per- AND APPROVED ON THIS 25TH mitted to exist shall constitute DAY OF FEBRUARY 2019. a separate offense. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019. ` (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME. THIS 1st day of March in the year of 2019 4 do }LADD "Notary Public- 2sitl's• . `4i% LIZBETH AILEEN CORDERO *: 'J' :*= M Nota ID#131868068 • - , Y N ;• �OF•cit'• Expires January 25,2023