HomeMy WebLinkAboutOrdinance No. 2000-21 ORDINANCE NO. 2000-21
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
AMENDING APPENDIX C OF THE FRIENDSWOOD CITY
CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING
THE ZONING ORDINANCE OF THE CITY, BY AMENDING
SUBSECTION J.2., SUB-PARAGRAPH c, "LIGHTING AND
GLARE" OF SECTION 8 BY REPLACING SUB-PARAGRAPH c
IN ITS ENTIRETY; PROVIDING OTHER MATTERS RELATING
TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF
ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
� * :� � * �
WHEREAS, the City Council of th� City of Friendswood, Texas, is interested in
protecting and preserving the semi-rural nature of the City and the quality of life enjoyed
by its residents therewith; and
WHEREAS, Council is concerned with the proliferation of brightly lit properties
which spread light and glare on to other adjacent properties, or establishments which are
excessively lit and which make it difficult to enjoy the quiet, semi-rural, peaceful
atmosphere of the City; and
WHEREAS, Council is cognizant of and concerned with providing sufficient
lighting for customers of businesses, residents of the City, and visitors as well as ensuring
that pedestrian and vehicular traffic is not adversely affected by excessive light, leading
to temporary vision difficulties while traveling; and
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WHEREAS, Council is also cognizant of and concerned with the rights of citizens
to the quiet enjoyment of their property, free fr�m the glare or spillover lighting located
on adjacent properties; and
WHEREAS, Council has considered, and the Planning and Zoning Commission
has recommended, adoption of the following language to balance the need for lighting at
night, and the desire to eliminate spillover of light and glare on adjacent properties; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section i. Apprndix C, ot tr., r..•:ie of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 8.J.2.,
subparagraph c., "Lighting and Glare"is hereby deleted in its entirety:
[All lighting shall be so situated as to not place any light or glare on any
adjacent property without formal agreement of said property owner. Any
formal agreement shall be filed with the city. Primary and secondary
glare both direct and reflective glare) having a source on private property
shall not be permitted to produce visual discomfort for viewers on other
property in any residential zoning district or on adjacent street rights-of-
way. Direct glare which produces visual discomfort is to be corrected or
avoided by reducing the intensity of the light source andlor the uses of
directional lighting or shading devices.]
and replacing it�vit�the folluwin� iai�g��a�c :
It shall be unlawful for any person to cause or permit to be energized on
property under �iis possession or control anv lighting including, but not
limited to, spotlights, floodlights or similar illuminating devices which
project a �lare or brightness, in excess of the standards described below,
directly or indirectiv upon any lot, tract, or parcel of land, other than that
upon which such lighting is situated, which shall annov, disturb, injure or
endanger the comfort, repose, health, peace or safet of others within the
limits of the city.
All li�hting in the city consisting of spotlights, floodlights, or similar
illuminatin� devices shall be installed, hooded, regulated and maintained
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by the owner or person in control thereof in such a manner that the direct
beam of any such light shall be oriented so that it will not �lare upon any
lot, tract, or parcel of land other than that upon which it is situated and so
that it will not cause or permit any illumination from direct or indirect
lighting in, on, or over the �round at or beyond the boundary of the lot,
parcel, or tract above the following levels:
1 foot candle where the adjacent development is zoned for non-
residential uses
.25 foot-candle where the adjacent development is zoned for
residential uses.
Shielding Required. All exterior light sources visible to pedestrian or
vehicular off-premise traffic are required to be shielded, except as
provided below, so that the light source is not visible to said pedestrian or
vehicular traffic. Lights elevated on standards, for example in parking
areas, shall be side-shielded on pedestrian or off-premise vehicular travel
sides. Lighting mounted on low standards (such as bollard lights) is the
preferred method for illuminating smaller parking areas and walkways.
Exceptions.
(1) Unshielded lighting facing pedestrian or off-premise
vehicular sides of the property shall be permitted provided
the light source is not in excess of 17001umens.
(2) Historical-style or architectural li�hting visible to
pedestrian or vehicular off-premise traffic shall be
permitted provided that the fixture or fixtures does not
cause or permit an�illumination in, on, or over the ground
at or beyond the boundary of the lot, parcel, or tract above
the following levels:
1 foot candle where the adjacent development is zoned for
non-residential uses
.25 foot-candle where the adjacent development is zoned
for residential uses.
Compliance Required. This ordinance shall applv for all new
facilities upon adoption and publication as required bv law. All existin�
facilities with li�hting in place on the date of adoption shall compl with
the requirements herein within twenty-four (24) months after the effective
date of the ordinance by installing shielding, redirecting lights, or other
steps necessary for compliance. The Commission may grant a one-time
extension of up to an additional twentv-four months if the property owner
or agent can demonstrate hardshi�7iincluding undue expense related to the
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time requirement for facilities replacement. Further, existing publicly
owned facilities shall be required to comply with the requirements herein
at such time as the facilities undergo renovation to the exterior or where
overall renovation exceed fifty percent (50%) of the costs of construction
of the existing facilities.
Section 2. Except as otherwise herein expressly amended, all other provisions
of Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, Ordinance No. 84-15, originally
adopted the 19th day of November, 1984, as it may have been previously amended,
remain unchanged and in full force and effect.
Section 3. Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and,upon conviction, shall be fined in an amount not to
exceed$2,000. Each day of violation shall constitute a separate offense.
Section 4. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision
hereof other than the part declared to be invalid or unconstitutional; and the City Council of
the City of Friendswood, Texas, declares that it would have passed each and every part of
the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 24thday of July ,
2000.
PASSED, APPROVED, and ADOPTED on second and final reading this llth
day of September , 2000.
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Harold L. Whitaker
Mayor
ATTEST
. �
.
Deloris McKenzie, T C
City Secretary
9/14/00 FROM CITY ATTORNEY
MOTION: COUNCILMEMBER KITTEN BRIZENDINE
2ND: COUNCILI�4EMBER JERRY ERICSSON
APPROVED: 5-1 (Larry Taylor tipposed)
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