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HomeMy WebLinkAboutOrd 260-2006 Outdoor Lighting Regulations.pdfClTY OF ANNA, TEXAS ORDINANCE NO. 260-2006 AN ORDINANCE ADOPTING OUTDOOR LIGHTING ON PUBLIC AND PRIVATE PROPERTY REGULATION; ESTABLISHING GENERAL REGULATIONS: PROVIDING FOR ADMIMSTRATION AND ENFORCEMENT OF REGULATIONS: ESTABLISHING THE CLASSIFICATION OF LIGHTING IN EACH TYPE OF OUTDOOR LIGHTING: PROVIDING FOR A SAVINGS CLAUSE: SETTING AN EFFECTIVE DATE: AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the City has determined that the provisions contained in this Ordinance will protect the historical legacy of the night sky, and provide enjoyment of the night sky in the City for future generations; and WHEREAS, the City has determined that the provisions contained in this Ordinance are intended to encourage through the regulation of the types, kinds, construction, installation, and uses of outdoor electrically powered illuminating devices, lighting practices, and lighting systems that reduce costs and conserve energy and resources, and help protect natural resources; and WHEREAS, the City wishes to maintain safety, health, security, and productivity, while enhancing nighttime enjoyment of property within its jurisdiction; and WHEREAS, the City has determined that the provisions contained in this Ordinance will encourage awareness by improving access to the City's lighting codes, through code coordination and consolidation into one Ordinance; now therefore, THE ClTY COUNCIL OF THE CITY OF ANNA, TEXAS, DO ORDAIN AS FOLLOWS: SECTION 1, OUTDOOR LIGHTING REGULATION ADOPTED The outdoor lighting regulations attached to and made an integral part of this ordinance are hereby adopted. SECTION 2, PENALTY Any person, firm, or association violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall upon convection therefore be fined in the sum of not more than two thousand dollars ($2,000.00), and each day a violation of this ordinance continues shall constitute a separate offense. Ord. No. 260-2006 Adopting Outdoor Lighting Regulations 1 SECTION 3, SAVING If any section, article, sentence, or part of this ordinance is in the conflict with any State law of the State of Texas or is hereafter adjudged invalid or unconstitutional be the court of competent jurisdiction, such conflict or adjudication shall not affect the validity of this ordinance as a whole, or any such section, article, sentence, or part hereof not so adjudged in conflict, invalid, or unconstitutional. SECTION 4, CONFLICTING ORDINANCES AND REGULATIONS REPEALED All ordinances andlor parts of all ordinances in conflict with the provisions of the sign regulations herein are hereby repealed. SECTION 5. EFFECT WE DATE. This ordinance shall take effect immediately upon its passage, approval, and required publication. Passed on this the loth day of January, 2006. ATTEST: APPROVED: ma6, Natha ~ilkkon @6j6r, Kenneth Pelham Ord. No. 260-2006 Adopting Outdoor Lighting Regulations 2 OUTDOOR LIGHTING CODE Section 1. Intent. It is the intent of this chapter to define practical and effective measures by which the obtrusive aspects of excessive andlor careless outdoor light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energyefficient sources, and decreasing the wastage of light and glare resulting from overlighting and poorly shielded or inappropriately directed lighting fixtures. Section 2. Compliance. All outdoor luminaires devices shall be installed in conformance with the provisions of this ordinance, the building code, the electrical code, and the sign code of the city of Anna as applicable and under appropriate permit and inspection. Section 3. New buildings and additions to existing facilities. For all proposed new construction or additions to existing facilities, all new outdoor lighting fixtures shall meet the requirements of this ordinance. Section 4. Additions. Additions, as defined in Section 18.18.030, shall require the submission of a complete inventory and site plan detailing any proposed new outdoor lighting. New lighting on the site shall meet the requirements of this ordinance with regard to shielding and lamp type. Section 5. Roadways. Lighting for public and private roadways shall utilize only full cutoff light fixtures or cutoff light fixtures. ARTICLE II. DEFINITIONS Section 6. Definitions. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown below: "Average maintained horizontal illuminance" means the density of light flux in an outdoor area or areas calculated: A. On a horizontal plane at ground level; B. As an average flux density over the surface of the outdoor area or areas; and C. Applying a light loss factor calculated by methods prescribed by the lighting handbook of the Illuminating Engineering Society or any successor publication; with calculations made by, or on the basis of lighting plans other information provided by, manufacturers or suppliers of outdoor light fixtures and made in a manner consistent with the lighting handbook of the Illuminating Engineering Society or any successor publication. "Class 1 lighting" means all outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity. Recognized Page 1 of 12 class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; assembly areas such as concert or theater amphitheaters. "Class 2 lighting" means all outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern. "Class 3 lightingn means any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc. "Cutoff light fixture" means a luminaire light distribution where no more than twenty-five candela per one thousand lamp lumens is emitted above the horizontal. "Development projecr means any residential, commercial, industrial or mixed use subdivision plan or development plan. "Directly visible" means allowing a direct line-of-sight to the light source or lamp. "Director" means the building permits and inspections director or designee. "Display lot" means outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. A display lot shall entail one of the following specific uses: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets. Additional uses may be designated as display lot as determined by the director. "Flood lampn means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope. "Footcandle" means one lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the Imperial system. One footcandle equals approximately ten (10.76) lux. "Full cutoff light fixture" a luminaire with light distribution such that no light is emitted above the horizontal. "Glare" means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted. "Illuminance" means the amount of light falling onto a unit area of surface (luminous flux per unit area), measured in lumens per square meter (lux) or lumens per square foot (footcandles). "lnstalled" means the attachment, or assembly fixed in place, connected to a power source, of any outdoor light fixture. "Light trespass" means light falling where it is not wanted or needed, typically across property boundaries. "Lighting zones" means the four lighting zones are based on the zoning districts or overlays established by the Zoning Ordinance. Guidelines used to guide the delineation of the lighting zones are: A. Lighting Zone El. This zone shall include all zoning districts containing "greenbelts and natural areas." B. Lighting Zone E2. This zone shall include all single family and duplex residential zoning districts. C. Lighting Zone E3. This zone shall include all residential zoning districts not included in Lighting Zone E2. D. Lighting Zone E4. This zone shall include all non-residential zoning districts. In Planned Development districts the lighting zone that pertains shall reflect the primary use in the area, unless otherwise prescribed in the ordinance establishing the planned development.. In mixed use districts the lighting zone that pertains shall reflect the use requiring the most restrictive lighting regulations, unless otherwise prescribed in the ordinance establishing the planned development. "Lumen" means a unit of luminous flux; used to measure the amount of light emitted by lamps. "Luminaire" means the complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture (see under this section, "Outdoor light output, total"), lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. "Luminous tube" means a glass tube filled with a gas or gas mixture (including neon, argon, mercury or other gasses), usually of small diameter (10-15 millimeter), caused to emit light by the passage of an Page 2 of 12 electric current, and commonly bent into various forms for use as decoration or signs. A "neonn tube does not include common fluorescent tubes. "Lux" means a unit of illuminance equal to one lumen per square meter. One lux equals approximately 0.1 (0.093) footcandles. "Multi-class lighting" means any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more classes as defined for class 1, 2 and 3 lighting. "Net acreage" means the total area of the development project. For parcels including those special uses listed in Sections 18.18.1 50, 18.1 8.160, 18.18.170 and 18.18.180 that are exempted from the lumens per acre caps of Section 18.1 8.080 (recreational facilities and outdoor display lots), the area devoted to the special use shall also be excluded from the net acreage. "Opaque" means that a material does not transmit light from an internal illumination source. Applied to sign backgrounds, means that the area surrounding any letters or symbols on the sign either is not lighted from within, or allows no light from an internal source to shine though it. "Outdoor light fixture" means an outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to lights used for: A. Parking lot lighting; B. Roadway lighting; C. Buildings and structures; D. Recreational areas; E. Landscape lighting; F. Billboards and other signs (advertising or other); G. Product display area lighting; H. Building or structure decoration; and I. Building overhangs and open canopies. "Outdoor light output, totaln means the initial total amount of light, measured in lumens, from all lamps used in outdoor light fixtures. The term includes all lights and luminous tubing used for class 1, class 2, class 3 and multiclass lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For lamp types that vary in their output as they age (such as high pressure sodium, fluorescent and metal halide), the initial lamp output, as defined by the manufacturer, is the value to be considered. For determining compliance with Section 18.18.080, total outdoor light output standards, the light emitted from lamps in outdoor light fixtures is to be included in the total output as follows: A. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself as defined in subsections B, C and D of this section, are to be included in the total outdoor light output by simply adding the initial lumen outputs of the lamps; B. Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least five feet but less than ten feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only onequarter of the lamp's rated initial lumen output; C. Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least ten feet but less than thirty feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-tenth of the lamp's rated initial lumen output; and D. Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located thirty or more feet from the nearest edge of the canopy or overhang are not to be included in the total outdoor light output. Such lamps must however conform to the lamp source and shielding requirements of Section 7. "Outdoor recreation facility" means an area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools. Page 3 of 12 "Person" means any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture, or corporation. "Searchlightn means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Searchlights include such lights that are used commonly to sweep the sky for advertisement purposes. "Sign, externally illuminated" means a sign illuminated by light sources from the outside. "Sign, internally illuminated" means a sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign. "Sign, neon" means a sign including luminous gas-filled tubes formed into text, symbols or decorative elements and directly visible from outside the sign cabinet. "Spot lamp" means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass envelope. Spot lamps are those lamps so designated by the manufacturers. "Spot light" means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp. "Temporary lightingn means lighting which does not confotm to the provisions of this ordinance and which will not be used for more than one thirtyday period within a calendar year, with one thirtyday extension. Temporary lighting is intended for uses that by their nature are of limited duration, for example, holiday decorations, civic events, or construction projects. ARTICLE Ill. SHIELDING AND TOTAL OUTDOOR LIGHT OUTPUT STANDARDS Section 7. Shielding standards. All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 1. Table 1. LAMP TYPE AND SHIELDING STANDARDS 1121314 USE CLASS AND LAMP TYPE Class 1 lighting (Color Rendition): lnitial output greater than or equal to 1800 lumens lnitial output below 1800 lumens (2) Class 2 lighting (General Illumination): lnitial output greater than or equal to 1800 lumens lnitial output below 1800 lumens (2) Class 3 lighting (Decorative)(3): lnitial output greater than or equal to 1800 lumens lnitial output below 1800 lumens (2) Residential lighting (all Classes)(4): lnitial output greater than or equal to 1800 lumens lnitial output below 1800 lumens (2) LIGHTING ZONE E4 E3 E2 El Notes to Table 1 A = all types of fixtures allowed; shielding not required but highly recommended, except that any spot or floodiight shall be aimed not higher than twenty-five degrees hm the vertical line between the Page 4 of 12 fixture and the ground when the source is visible from any off-site residential property or public roadway. F = only fully shielded fixtures allowed X = not allowed 1. Flood or spot lamps shall be aimed no higher than twenty-five degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway. Exception: seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted in all lighting zones from fifteenth of November through the fifteenth of January. 2. See exception in Section 18.18.080 for seasonal decorations from November fifteenth till January fifteenth. 3. All class 3 lighting shall be extinguished between 11:OO p.m. (or when the business closes, whichever is later) and sunrise. 4. Residential refers to single family attached or detached uses located in any of the zone districts such as single-family detached and duplexes. Multiple-family residential uses, or apartments, must use standards for class 1, 2 and 3 lighting. Section 8. Total outdoor light output standards. Total outdoor light output shall not exceed the limits in Table 2. Seasonal decorations, permitted between November fifteenth and January fifteenth, are not counted toward these limits; lighting used for external illumination of signs is counted, while lighting used for internal illumination of signs is not counted. (The values in this table are the maximum permitted levels and not intended as design standards; design standards shall be the lowest levels that meet the requirements of the task.) Table 2. MAXIMUM TOTAL OUTDOOR LIGHT OUTPUT STANDARDS LUMEN CAPS - INITIAL LAMP LUMENS PER NET ACRE LIGHTING ZONE Commercial and Industrial uses (1) Total (full cutoff+ unshielded) 1,000,000 200,000 50,000 125,000 Unshielded only 40,000 20,000 4,000 2,000 Residential uses (2,3) Total (full cutoff + unshielded) 20,000 10,000 10,000 10,000 Unshielded only 5,000 5,000 1,000 1,000 Notes to Table 2 1. This refers to all commercial and industrial uses and includes multiple family or apartment uses. 2. This refers to all single-family attached or detached uses. 3. In lighting zones E4-E 1, each residential single-family attached or detached home, duplex, triplex, quadruplex or townhome is allowed up to five thousand five hundred total lumens, or the amount indicated in this table based on the parcel's acreage, whichever is larger. Each is also allowed a maximum of five thousand five hundred lumens of unshielded ("A") lighting, provided Table 18.18.070 allows the lamp's type with "A" shielding. All residential spot or flood lamps permitted are to be aimed no higher than twenty-five degrees from the vertical line between the fixture and the ground when the source is visible from any off-site residential property or public roadway. 4. Public and private schools located in zones E2 and E3 may petition the director for an increase in the lumens per acre cap to the level permitted in zone E4. The director may allow an increase when the school submits an engineered design supporting the need of such increase. Page 5 of 12 Section 9. Effective shielding standard. All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described in the definition in Section 18.18.060 for full cutoff fixtures. Section 10. Light trespass standard. A. Beyond the shielding requirements of Section 18.18.070, all light fixtures shall be located, aimed or shielded so as to minimize stray light trespassing across residential property boundaries. B. Any lamp installed on a residential property in zone El and visible from any other residential property shall be shielded such that it is not directly visible from that property. C. Luminaires, spot lamps or spotlights which are aimed, directed or focused such as to cause direct light to be directed toward residential buildings or adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on streets or roadways, shall be redirected or their light output controlled as necessary to eliminate such conditions. ARTICLE IV. ON-PREMISE AND OFF-PREMISE SIGNS Section 11. Multi-class lighting standard. Multiclass lighting shall conform to the shielding and timing restrictions, if any, which apply to the most restrictive class. Section 12. Externally illuminated sign standards. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall be treated as class 1 lighting and shall conform to the lamp source, shielding restrictions and lumen caps of Section 8. Upwarddirected sign lighting is prohibited. Section 13. Internally illuminated sign and neon sign standards. A. Outdoor internally-illuminated advertising signs constructed with faces of translucent materials and wholly illuminated from within do not require shielding. Colored or dark backgrounds with light lettering or symbols are preferred to minimize the detrimental effects of light pollution. Lamps used for internal illumination of such signs shall not be counted toward the lumen caps in Section 8. 0. Neon signs shall be treated as internally illuminated signs for the purposes of this ordinance, and shall not have their luminous outputs counted toward the lumen caps in Section 8. Neon lighting extending beyond the area considered to be the sign area (as defined in the sign code) shall conform to all provisions of this ordinance and shall be treated as class 3 (decorative) lighting. C. Other internally-illuminated panels or decorations not considered to be signage according to the sign code (such as illuminated canopy margins or building faces), shall be considered decorative (class 3) lighting, and shall be subject to the standards applicable for such lighting, including but not limited to the lamp source, shielding standards and lumens per acre caps of Section 8. Section 14. Curfews. Illumination for all signs, both externally and internally illuminated, shall be turned off at the curfew times listed in Table 18.18.140 or when the business or portion thereof closes, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Internally illuminated signs may continue to be used and illuminated but must conform to the curfews as indicated. Page 6 of 12 Table 3. ILLUMINATED SIGN CURFEWS LIGHTING ZONE E4 E3 E2 El ON-PREMISE AND OFF-PREMISE SIGNS 12 P.M. 12 P.M. 9 P.M. 9 P.M. ARTICLE V. SPECIAL USES Section 15. Recreational facilities. A. Lighting for outdoor athletic fields, courts, tracks or similar recreational facilities in lighting zones El, E2, E3, and E4, shall be considered class 1 (color rendition), and shall be exempt from the lumens per acre limits of Section 8. B. Shielding. In lighting zones El, E2, E3 and E4, full cutoff lighting is required for tennis courts, basketball courts, swimming pools, racquetball courts, golf driving ranges and similar facilities. Football fields, soccer fields, golf courses and baseball diamonds designed for class Ill or IV levels of play (typically amateur or municipal league, elementary to high school, training, recreational or social levels; cf. IESNA Lighting Handbook and IESNA RP-6 Sports and Recreational Area Lighting) or designed for class I and II levels of play (typically college, semi-professional, professional or national levels) shall utilize luminaires with minimal uplight consistent with the illumination constraints of the design. Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which: 1. Are provided with internal andlor external glare control louvers and installed so as to minimize uplight and offsite light trespass; and 2. Are installed and maintained with aiming angles that permit no greater than five percent of the light emitted by each fixture to project above the horizontal. C. Illuminance. All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). D. Off-Site Spill. The installation shall also limit off-site spill (outside the parcel containing the recreational facility) to the maximum extent possible consistent with the illumination constraints of the design. For class Ill and IV levels of play, a design standard of one lux (0.1 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. For Class I and II levels of play, a design goal of one and one-half lux (0.15 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. E. Engineering Design. Every such lighting system shall be designed by a registered professional engineer. F. Curfew. All events shall be scheduled so as to complete all activrty before the curfew listed in Table 18.1 8.150. Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew. Table 4. SPORTS FACILITY AND DISPLAY LOT LIGHTING CURFEWS LIGHTING ZONE E4 E3 E2 El 11 P.M. 10P.M. 9P.M. 8P.M. Page 7 of 12 Section 16. Outdoor display lots. A. Lighting for display lots shall be considered class 1 (Color Rendition), and shall be allowed a lumens per acre cap of two million. B. Shielding. All display lot lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. C. Illuminance. Lighting for display lots shall be considered class 1 (color rendition). D. Off-Site Spill. The display lot shall limit off-site spill (outside the parcel containing the display lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. E. Engineering Design. Every display lot lighting system shall be designed by a registered professional engineer. F. Curfew. Display lot lighting exceeding the lumens per acre cap of Section 18.1 8.080 shall be turned off at the curfew listed in Section 18.18.150 or within thirty minutes after closing of the business, whichever is later. Lighting in the display lot after this time shall be considered class 2 lighting, and shall conform to all restrictions of this ordinance applicable for class 2 lighting, including the lumens per acre caps in Section 8. Section 17. Service station canopies. A. Lighting Class. Lighting for service station canopies shall be considered class 2 lighting (general illumination). B. Shielding. All luminaires mounted on or recessed into the lower surface of service station canopies shall be full cutoff and utilize flat lenses. C. Total Under-Canopy Output. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed forty lumens per square foot of canopy in lighting zone E4, and shall not exceed twenty lumens per square foot in lighting zone E3. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output. D. Lumen Output. The lumen output of lamps mounted on or within the lower surface of a canopy is included toward the lumen caps in Section 8 according to the method defined in Section 8. Other lighting located under a canopy but not mounted on or within the lower surface is included toward the lumen caps in Section 8 at full initial output. E. Off-Site Spill. The service station canopy lot shall limit off-site spill (outside the parcel containing the service station lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet above grade, as measurable from any orientation of the measuring device, shall be required. Section 18. Other lighting on parcels with special uses. On a property with special uses as listed above, all lighting not directly associated with the special use areas above shall conform to the lighting standards described in this ordinance, including but not limited to the lamp type and shielding requirements of Section 7 and the lumens per acre limits of Section 8. The net acreage for the determination of compliance with Section 8 shall not include the area of the athletic field or outdoor display lot, as defined in Section 6; the area of any service station canopy shall be included in the net acreage. ARTICLE VI. PLANS AND EVIDENCE OF COMPLIANCE Section 19. Submission contents. Page 8 of 12 The applicant for any permit required by any provision of this ordinance in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this ordinance. Even if no other such permit is required, the installation or modification (except for routine servicing and same-type lamp replacement) of any exterior lighting shall require submission of the information described below. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in this ordinance upon application for the required permit: A. Plans indicating the location on the premises of all lighting fixtures, both proposed and existing on the site; B. Description of all lighting fixtures, both proposed and existing. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required); lamp types, wattages and initial lumen outputs; and C. Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off of light emissions. Section 20. Additional submission. The above required plans, descriptions and data shall be sufficiently complete to enable the director to readily determine whether compliance with the requirements of this ordinance will be achieved. If such plans, descriptions and data cannot enable this ready determination, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory. Section 21. Subdivision plats. If any subdivision proposes or is required to have installed street or other common or public area outdoor lighting, submission of the information as described in Section 19 shall be submitted with the illumination plans required by Section 19. Section 22. Lamp or fixture substitution. Changes of outdoor light fixture or the type of light source therein shall be subject to the approval of the director. ARTICLE VII. PROHIBITION Section 23. Installation of nonconforming fixtures and lamps. The installation of any outdoor lighting fixture or lamp for new construction, additions, or replacement fixtures to existing facilities not in compliance with this chapter is prohibited. Section 24. 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, unless installed for temporary use with prior approval of the director under Article IX. Authorization for such temporary use shall be for no more than three days per three hundred sixty-five day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals. Page 9 of 12 Section 25. Searchlights. The operation of searchlights for non-governmental purposes is prohibited, unless installed for temporary use with prior approval of the director under Article IX. Authorization for such temporary use shall be for no more than three days per three hundred sixty-five day period for any one applicant or property and shall additionally be subject to any necessary state and federal approvals. Section 26 Off-premise signs. Illumination of outdoor advertising off-premise signs is prohibited in lighting zone El Section 27 Existing lighting causing light trespass onto residential property. A. If after complaint and investigation, the director finds that an existing light fixture directs light toward residential buildings, the director shall give written notice of such violation to the owner andlor to the occupant of such premises demanding that the violation be abated within ninety days of the date of written notice. B. Light trespass onto residential property from existing lighting shall be remedied by redirecting the light fixture or by controlling the light output as necessary. C. Light levels shall not exceed a maximum of 0.25 footcandles (2.5 lux) at the property line of any residential property at a vertical point five feet above grade. D. Light trespass measurements shall be made at the property line of the residential site, with the meter held normal to a line between any offending light source(s) and the light meter. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public right of way or at any other location on an adjacent property. E. Measurement shall be made using a commercial cosine and color corrected meter having an accuracy tolerance of plus or minus five percent or better at one lux (0.1 footcandle). The meter shall have been calibrated within two years of the date of measurement by the manufacturer or by a certified illumination laboratory. F. Measurements shall be taken using a 4.5" long, 1.75" +I- 0.25" diameter thin wall black tube baffle atop the meter's photoelectric cell aperture to prevent any stray light from other sources from affecting the measurement. ARTICLE VIII. TEMPORARY EXEMPTIONS Section 28. Temporary exemption requests. A temporary exemption request shall be subject to the approval of the director. Such request shall contain the following information: A. Specific ordinance exemption(s) requested; B. Duration of requested exemption(s); C. Proposed location on premises of the proposed light fixture(s); D. Purpose of proposed lighting; E. Information for each luminaire and lamp combination as required in Section 19; F. Previous temporary exemptions, if any, and addresses of premises thereunder; and G. Such other data and information as may be required by the director. Section 29. Approval-Limitation. The director shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty days from the date of issuance of the approval. The approval shall be renewable upon further Page 10 of 12 written request for a maximum of one additional thirty-day period. The director is not authorized to grant more than one temporary permit and one renewal for a thirty day period for the same property within one calendar year Section 30. Disapproval-Appeal. If the request for temporary exemption or its extension is disapproved, the applicant shall have the appeal rights provided in Section 38 ARTICLE IX. OTHER EXEMPTIONS Section 31. Nonconformance. A. Bottom-mounted or unshielded on-premise or off-premise sign lighting shall be brought into compliance with the shielding standards of Section 18.18.070 no later than May 7, 201 5. B. Post top antique or acorn style luminaires that cannot achieve full cutoff may be used if they achieve cutoff. C. There shall be no change in use or lamp type, change or replacement of ballast or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this ordinance. D. All existing outdoor lighting fixtures shall be brought into compliance with the shielding standards of Section 7 not later than May 7, 2015. Compliance with lumens cap is not mandatory but encouraged. Section 32. Flag illumination. Illumination of city, county, state or U.S. flags with spot lights or flood lamps is exempt from all the requirements of this ordinance. Section 33. State and federal facilities. Compliance with the intent of this ordinance by facilities that are owned, operated and maintained by the state or federal government is encouraged but not required. Section 34. Emergency lighting. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this ordinance for as long as the emergency exists. Section 35. Swimming pool and fountain lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of Section 7, though such lighting shall conform to all other provisions of this chapter. Section 36. Fossil fuel lights. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this ordinance. Page 11 of 12 ARTICLE X. APPEALS Section 37. Historic properties. Properties designated as federal, state, or local historic landmarks or that are within a federal, state, or local historic district shall be exempt from this ordinance if there is a finding of an adverse impact to any significant historical, cultural, or archaeological element of the property as determined in writing by the Anna Historic Landmark Commission or by the Texas Historic Preservation Officer whenever the Anna Historic Landmark Commission is without jurisdiction to require review of proposed work. Section 38. Appeals. Any person aggrieved by any decision of the director made in administration or enforcement of this ordinance has the right of appeal to the building board of appeals. ARTICLE XI. CONFLICTS, VIOLATIONS, PENALTIES AND SEVERABILITY Section 39. Conflicts. Where any provision of federal, state, or local law conflicts with any provision of this ordinance, the most restrictive shall govern unless otherwise regulated by law. Section 40. Violations. Any person, firm, corporation or agent who shall violate a provision of this ordinance, or fails to comply therewith, or with any of the requirements thereof, or who has erected, constructed, altered, installed, demolished or moved any outdoor lighting, in violation of this ordinance, shall be charged with a class C misdemeanor which is punishable by a fine which shall not exceed two thousand dollars. Each such person may be charged with a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed or continued. Section 41. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be illegal, such decision shall not affect the validity of the remaining portions of this ordinance. ARTICLE XII. EFFECTIVE DATE Section 42. Effective date. A. The effective date of the ordinance shall be February 1, 2006. B. This ordinance shall be applicable to all permit applications received on or after that date. Page 120f 12