HomeMy WebLinkAboutOrdinance 3229 ORDINANCE NO. 3229
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING SECTIONS 118 -1 AND 118 -728 AND PROVIDING
ILLUSTRATIONS FOR ARTICLE IX OF CHAPTER 118 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES; PROVIDING
REGULATIONS FOR LIGHTING; PROVIDING FOR SEVERABILITY;
PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER.
WHEREAS, it is the goal of the City Council to provide quality community development
and revitalization, safety and security, a positive city image, a sense of
community, and local and regional leadership; and
WHEREAS, the Scenic City Certification Program recommended improvements to the
City's lighting regulations; and
WHEREAS, the 2001 City Image Study also recommended a more detailed policy on
commercial parking lot lighting; and
WHEREAS, appropriate lighting regulations reduce the negative effects of unwanted
nighttime light on residents, drivers, the environment and the night sky;
and
WHEREAS, the City Council has received the recommendations of the Planning and
Zoning Commission concerning the matters herein dealt with, which
recommendations were made after the holding of a public hearing before
said Commission on such matters; and
WHEREAS, notice has been published of the time and place of a public hearing held
before the City Council concerning the changes herein made, which public
hearing has been duly held; and,
WHEREAS, the City Council has determined that the amendment to the
Comprehensive Zoning Ordinance herein made is in the best interest of
the health, safety and general welfare of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended by adding the following
definitions:
Ordinance No. 3229
Page 1 of 11
"Sec. 118 -1. Definitions
Architectural Lighting. Lighting designed to reveal architectural beauty, shape
and /or form and for which lighting for any other purpose is incidental.
Color Temperature. A description of the warmth (oranges and yellows) or
coolness (blues) of a light source as measured in Kelvins. Warm light is considered
between 2700 Kelvin and 3000 Kelvin. Cool light is considered between 3600 Kelvin
and 5500 Kelvin.
Color Rendering Index (CRI). The relative ability of a light source to replicate
true colors. It is measured as a number between 0 and 100.
Foot - candle. The unit of measure expressing the quantity of light received on a
surface. One footcandle is the illuminance produced by a candle on a surface one foot
square from a distance of one foot.
Fully Shielded Luminaire. A luminaire constructed and installed in such a
manner that all light emitted by the luminaire, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of the luminaire, is
projected below the horizontal plane through the luminaire's lowest light- emitting part.
Glare. Lighting entering the eye directly from luminaires or indirectly from
reflective surfaces that causes visual discomfort or reduced visibility.
Kelvin. The industry measurement unit of color temperature.
Landscape Lighting. Lighting of trees, shrubs, or other plant material as well as
ponds and other landscape features.
Light Pollution. Any adverse effect of artificial light including, but not limited to,
glare, light trespass, skyglow, energy waste, compromised safety and security, and
impacts on the nocturnal environment.
Light Trespass. Light that falls beyond the property it is intended to illuminate.
See Figure 1 -12, Article IX, "Light Trespass," for illustrative definition.
Lighting. "Electric" or "man- made" or "artificial" lighting and its associated
equipment specifically intended to provide gas or electric illumination, including but not
limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures,
electrical wiring, and other necessary or auxiliary components.
Lumen. The unit of measure used to quantify the amount of light produced by a
lamp or emitted from a luminaire (as distinct from "watt," a measure of power
consumption).
Ordinance No. 3229
Page 2 of 11
Luminaire. The complete lighting unit (fixture), consisting of a lamp, or lamps
and ballast(s) (when applicable), together with the parts designed to distribute the light
(reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to
the power supply.
Seasonal Lighting. Temporary decorative lighting installed and operated in
connection with holidays between October 15 and February 15.
Skyglow. The brightening of the nighttime sky that results from scattering and
reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is
caused by light directed or reflected upwards or sideways and reduces one's ability to
view the night sky.
Temporary Lighting. Lighting installed and operated for periods not to exceed 60
days, completely removed and not operated again for at least 30 days.
Uplight. For an exterior luminaire, flux radiated in the hemisphere at or above the
horizontal plane."
SECTION 2. That Section 118 -728 of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
OSec. 118 -728. Outdoor Lighting
(a) Purpose. The purpose of this Section is to provide regulations for outdoor
lighting that will:
(1) Minimize adverse offsite impacts of lighting such as light trespass and
glare.
(2) Curtail light pollution, reduce skyglow and improve the nighttime
environment.
(3) Conserve energy and resources to the greatest extent possible.
(b) Conformance with applicable codes. All outdoor lighting shall be installed in
conformance with the provisions of this Section, applicable Electrical and Energy
Codes, and applicable sections of the Building Code.
(c) Applicability. The provisions of the outdoor lighting regulations provided in this
Section shall apply in the following situations:
(1) When an existing property is proposed for remodeling, alteration, addition,
or expansion, in which the value of the proposed construction exceeds 50
percent of the current appraised value of the existing improvements,
excluding the value of the land;
Ordinance No. 3229
Page 3 of 11
(2) When an existing property is proposed for a single addition or cumulative
additions after January 14, 2013 that increases the number of dwelling
units, gross floor area, seating capacity, or parking spaces by 30 percent
or more;
(3) Upon all new development, redevelopment, construction or new luminaire
installation.
(d) Nonconforming Luminaires.
(1) Except as otherwise noted above, all exterior lighting luminaires in
existence and legally installed and operative on or before January 14,
2013 shall be exempt from the requirements of this Section and shall be
considered legally nonconforming.
(2) Except as otherwise noted above, legal nonconforming luminaires may be
repaired, maintained and replaced.
(e) General Requirements for Single Family and Duplex Residential Property.
(1) All luminaires shall be placed so as to not cause light trespass or glare
beyond the property boundary.
(2) Any luminaire installed on a residential property shall be shielded such
that glare from the light source is not directly visible from six (6) feet above
grade on any other residential property line.
(3) Flood or spotlights shall be aimed no higher than forty -five (45) degrees
above straight down when the fixture is visible from any other residential
property or public right -of -way.
(4) All light fixtures shall be located, aimed or shielded so as to minimize light
trespass.
(f) General Requirements for Nonresidential and Multifamily Property.
(1) Uplight/Skyglow Limitation. Except as otherwise permitted in this Section,
all luminaires shall utilize a full -cutoff or fully - shielded design, so as to
have no light emitted above 90 degrees. See Figure 1 -11, Article IX,
"Examples of Fully Shielded Luminaires," for examples.
(2) Light Trespass Limitation.
a. Residential Adjacency. The following shall apply to all luminaires
located on a property adjacent to a property zoned for residential
Ordinance No. 3229
Page 4 of 11
use, designated on the Comprehensive Land Use Plan for
residential use, or used or subdivided for residential use.
1. The light source (bulb or lamp) of the luminaire shall be
completely shielded from direct view of at a point three (3)
feet above grade on the adjacent property line.
2. All luminaires shall be designed or positioned so that the
maximum illumination at the adjacent property line shall not
exceed one - quarter (1/4 or 0.25) foot - candle.
b. Right -of -Way Adjacency. The following shall apply to luminaires
located on a property adjacent to public right -of -way:
1. The light source (bulb or lamp) of a luminaire shall be
completely shielded from direct view of at a point six (6) feet
above grade on the right -of -way line.
2. All luminaires shall be designed or positioned so that the
maximum illumination at the property line adjacent to a street
right -of -way shall not exceed one -half (1/2 or 0.5) foot -
candle.
C. In all other circumstances, luminaires shall be designed or
positioned so that the maximum illumination at the property line
shall not exceed one (1) foot - candle.
(3) Lighting Type.
a. Color Temperature. The light source (bulb or lamp) shall have a
minimum color temperature rating of 2,700 Kelvin and a maximum
of 5,700 Kelvin, as provided by the manufacturer's specifications.
b. Color Rendition. The light source (bulb or lamp) shall have a
minimum Color Rendering Index (CRI) rating of 50, as provided by
the manufacturer's specifications.
(4) Location, Height and Quality Criteria for Luminaires. The following
criterion for luminaires applies to all outside lighting on a property.
a. Landscape Setback Areas. Luminaires are prohibited in landscape
setback areas as established in Chapter 114 of the Code of
Ordinances. Landscape lighting fixtures used to accent
landscaping are exempt from this requirement so long as the
fixtures are aimed and shielded to minimize light spill into the night
sky and glare into adjacent uses and rights -of -way.
Ordinance No. 3229
Page 5 of 11
b. Luminaires are permitted to be a maximum of 30 feet in height.
C. When a luminaire is located within one hundred (100) feet of a
property zoned for residential use, designated on the
Comprehensive Land Use Plan as residential, or used or
subdivided for residential use, the maximum permitted height shall
be 20 feet.
d. Material and Color. Neither concrete nor wood poles shall be used
for the support of freestanding luminaires. Poles shall be low
reflectance, subtle, neutral, or earth tone colors or original factory
metal finish. The use of high intensity, primary or fluorescent colors
shall be prohibited.
(5) Lighting Control Requirements.
a. Automatic Switching Requirements. Controls shall be provided that
automatically extinguish all outdoor lighting when sufficient day light
is available using a control device or other system conforming to
the current adopted Electrical and /or Energy Code.
b. Automatic lighting controls are not required for lighting under
canopies or lighting for tunnels, parking garages, garage entrances,
and similar conditions.
(6) Architectural and landscaping lighting. Outdoor lighting used to illuminate
flags, statues, signs or other objects mounted on a pole, pedestal or
platform, spotlighting or floodlighting used for architectural or landscape
purposes, must use full cutoff or directionally shielded lighting fixtures that
are aimed and controlled so that the directed light is substantially confined
to the object intended to be illuminated.
(7) Exterior Lighting Plan Required. The following exterior lighting information
must be included with all site plan submissions. Such information shall be
prepared by a certified engineer, architect, landscape architect or lighting
engineer:
a. Plans indicating the location of the exterior lighting on the premises,
and the type of illuminating devices, fixtures, lamps, supports,
reflectors, and other devices.
b. Description of the illuminating devices, fixtures, lamps, supports,
reflectors, and other devices. The description may include, but is
not limited to, catalog cuts by manufacturers and drawings
(including sections where required) and height of the luminaires.
Ordinance No. 3229
Page 6 of 11
C. A statement from the property owner, developer, or agent and the
preparer of the Lighting Plan that exterior lighting depicted on the
Lighting Plan will comply with the requirements of this Section after
installation.
d. Photometric Plan and data sheets showing the angle of cut off or
light emissions in footcandles across the entire property and at the
property lines.
1. A waiver to the Photometric Plan requirement may be
granted by the Development Review Committee upon
request for certain small - scale, low- impact developments so
long as the other submittal requirements of this subsection
are met.
(g) Prohibited.
(1) "Cobra head" type lighting fixtures having dished or "drop" lenses or
refractors which house other than incandescent light sources shall be
prohibited.
(2) Flickering, flashing, rotating, pulsing, moving or alternating colored light
sources shall be prohibited.
(3) Searchlights, lasers and other high- intensity narrow -beam fixtures.
(h) Exemptions. The following are exempt from the standards contained in this
Section, provided that such luminaires do not cause excessive and disabling
glare.
(1) Lighting within public right -of -way for the principal purpose of illuminating
streets or roads.
(2) Lighting solely for internally illuminated signs (See Chapter 106 of the
Code of Ordinances for additional sign regulations).
(3) Incandescent light bulbs of 75 Watts or less used for architectural lighting.
(4) Luminous Tube Lighting.
(5) Repairs to existing luminaires not exceeding 30 percent of total installed
luminaires.
(6) Temporary lighting for theatrical, television, performance areas and
construction sites.
Ordinance No. 3229
Page 7 of 11
(7) Underwater lighting in swimming pools and other water features.
(8) Temporary lighting and decorative seasonal lighting provided that
individual lamps are less than 10 watts and 70 lumens.
(9) Residential Party Lights for social gatherings. Such temporary outdoor
lighting includes, but is not limited to, strings of lights and /or lanterns.
(10) Specific Outdoor Recreational Facilities (public or private), such as, but
not limited to, playing fields, courts, amusements, or show areas; provided
that lighting for these outdoor recreational uses shall be shielded to
minimize glare and light trespass onto adjacent residential property to the
greatest extent possible and any applicable Special Use Permit
requirements associated with the facility are met as necessary.
(11) Lighting that is used by federal, state, county or local authorities and their
authorized representatives under emergency conditions or to perform
nighttime road construction on major thoroughfares.
(12) Lighting required by federal, state, county or local laws or regulations.
(13) Lighting approved by a Special Use Permit, Planned Development zoning
district, or other lighting standards specifically created for a particular
zoning district that does not otherwise meet the provisions of this Section.
(i) Enforcement.
(1) The Chief Building Official, or his /her designee, shall administer and
enforce the provisions of this Section relating to outdoor lighting."
SECTION 3. That Article IX of Chapter 118 ( "Illustrations ") of the Code of Ordinances of
the City of North Richland Hills, Texas, is hereby amended by adding the
following illustrations:
Ordinance No. 3229
Page 8 of 11
"Figure 1 -11: Examples of Fully Shielded Luminaires
1 9 Full Cutoff Fixtures
7ativ,
Fully Shielded
Mount Wallpack Fixtures
t Wll
a
Mount Fixtures -- - -�--•
Fully Shielded Fixtures
Full Cutoff Streetlight
Fully Shielded
Fully Shielded Wilkway
Bam Light Bollards
Fully Shielded Fully Shielded
Decorative period' Style
Fixtures Fixtures + ,
Wlb OWdld Ou6 inktlt5 ? � I ' i ) Y A l l
m oWgce roF - nogaqueW _ �I/J
Flush Mounted or Side
_ Shielded Under Canopy
_ Fixtures
Shielded 1 Properly - aimed.
PAR Floodlights
D..q d ✓.itlusfrafz9 Dy &a6 Crehir E +2GS
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lyri:il 'Sh,-1M.n •..n1u!c op6que Fell ,,.a rndel Aa.Fl —A1 igln wdl NnLShi: +.I
Ordinance No. 3229
Page 9 of 11
Figure 1 -12: Light Trespass Illustrative Definition
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area of I Ight trespass
property a property b
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SECTION 4. Severability.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and section of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid 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 5. 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 Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6. Savings.
All rights and remedies of the City of North Richland Hills are expressly saved as
to any and all violations of the provision of any other ordinances regulating solicitation or
canvassing activities that have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
Ordinance No. 3229
Page 10 of 11
SECTION 7. Publication.
The City Secretary of the City of North Richland Hills is hereby directed to
publish the caption and penalty of this ordinance in the official City newspaper.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 14th day of January, 2013.
CITY ORTH R LAND HILLS
P
By:
L Ok&r Trevino, Mayor
= C) :
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4 . . . . . . . . . .
Patricia u City Secretary
APP TO FO M AND
x7i;7 LEGALITY:
George A. Staples, dity Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3229
Page 11 of 11
Star - Telegram INVOICE Customer ID: CIT13
808 Throckmorton St.
FORT WORTH, TX 76102 Invoice Number: 324595461
(817) 390 -7761 Invoice Date: 3/1/2013
Federal Tax ID 26- 2674582 Terms:
Net due in 21 days
Bill To: Due Date: 3/31/2013
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 32459546
NORTH RICHLAND HILLS, TX 76182 -
Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates: 2/28/2013 3/1/2013
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Sk a: its
7,C F NORTH RICHLAND HILLS " " "` '"
CITY OF ORDINANCE NO. 3229 13580
inance amending the Com- 1 37 37 LINE
nsive Zoning Ordinance of the $6.13 $453.44
of North Richland Hills by
Sales Dis ding Sections 118 -1 and 118-
nd providing illustrations for ($410.16)
IX of Chapter 118 of the Richland Hills Code of Ordi-
Misc Fee ; providing regulations for
g; providing for severability; $10.00
ing a penalty for violations;
providing a savings clause; and
providing for publication in the
official newspaper.
Penalty. Any person, firm or corpo-
ration who violates, disobeys, Net Amount: $53.28
omits, neglects or refuses to comply
with or who resists the enforce-
ment of any of the provisions of
this ordinance shall be fined not
more than Two Thousand Dollars
($2,000.00) for each offense. Each
day that a violation is permitted
to exist shall constitute a separate
offense.
Passed and Approved on this 14th
day of January, 2013. CHRISTY LYNNE HOLLAND
/s /Oscar Trevino Notary Public, State of Texas
Oscar Trevino - Mayor
ATTEST: e My Commission Expires
/s /Patricia Hutson July 31, 2016
THE ST Patricia Hutson -City Secretary "
County APPROVED AS TO FORM AND
tY LEGALITY:
/s /George Staples
Georg Staples - City Attorney
Before rr v ; ; _ . _. County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Mar 13.
Notary Public
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 324595461
Invoice Amount: $53.28
PO Number:
Amount Enclosed: