HomeMy WebLinkAboutOrdinance No. 99-1141 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO (:~- ///'Z///
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY, THE SAME BEING APPENDIX A- ZONING, OF
THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY
ADDING A NEW SUBSECTION 17-107 PROVIDING
STANDARDS FOR EXTERNAL LIGHTING FOR SERVICE
STATIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of The Colony recognizes the need to preserve and enhance
the safety, aesthetics and visual character of neighborhoods; and
WHEREAS, the City of The Colony is desirous of promoting appropriate lighting
while minimizing its undesirable side effects; and
WHEREAS, in accordance with law the Planning and Zoning Commission held a
public hearing on August 24, 1999, and considered the amendments to Appendix
A- Zoning of the City's Code of Ordinances, the same being the City's
comprehensive zoning ordinance, to provide standards for external lighting for
service stations and made a recommendation to the City Council; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the evidence, information and other materials
submitted and received at the public hearing and in connection therewith, the City
Council of the City of The Colony finds that it is in the public interest to amend the
comprehensive zoning ordinance to provide standards for external lighting for
service stations and further finds that such standards will promote the health, safety,
morals and general welfare of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. Incorporation of premises. The above and foregoing premises are
true and correct and are incorporated herein and made a part hereof
for all purposes.
Section 2. Amendment. That Section 17 of Appendix A- Zoning, of the City's
Code of Ordinances is hereby amended to add a new Subsection 17-
107 to read as follows:
17-107(A) Definitions. For the purposes of this Section 17-107:
(i) foot candle means the amount of illumination provided by one
(1) lumen uniformly distributed on one (1) square foot of
surface ;and
(ii) lumen means the quantity of luminous flux intercepted by a
surface of one (1) square foot, all points of which are one (1)
foot from a uniform source of one (1) candela (a one candela
source provides 12.57 lumens)
17-107(B) External lighting installed for service stations must conform
to the following standards:
(1) All light fixtures serving parking lots must be cut-off fixtures as
defined by the Illuminating Engineering Society of North America
(IESNA)
(2) Mounting height for light fixtures must not exceed fifteen (15) feet.
(3) Lighting intensity must not exceed 0.6 foot-candles when
measured at grade at the property line.
(4) Areas around the pump islands and under canopies must be
illuminated so that the minimum horizontal illuminance at grade
level is at least 1.0 foot-candle and no more than 5.5 foot-candles.
(5) Light fixtures mounted on canopies must be recessed so that the
lens cover is recessed or flush with the bottom surface (Ceiling)
of the canopy and/or shielded by the fixture or the edge of the
canopy so that light is restrained to no more than 85 degrees from
vertical.
(6) As an alternative to recessed ceiling lights, indirect lighting may
be used where light is beamed upward and then reflected down
from the underside of the canopy. In this case light fixtures must
be shielded so that direct illumination is focussed exclusively on
the underside of the canopy.
(7) Light may not be mounted on the top or sides (fascias)of the
canopy, and the sides of the canopy may not be illuminated.
17-107 (C) Measuring of lighting levels shall be in accordance with
the following:
(i) Metering equipment. Lighting levels shall be measured in foot
candles with a direct-reading, portable light meter.
(ii) Method of Measurement. The meter sensor shall not be more
than six (6) inches above ground level in a horizontal position.
The reading shall be taken only after the cell has been
exposed long enough to provide a constant reading.
17-107 (D) ^ photometric plan describing compliance with the
provisions of this Section 17-107 shall be submitted to the Director of
Planning and Development prior to the issuance of a building permit.
Section 3. The amendment to the Comprehensive Zoning Ordinance herein
made has been made in accordance with the Comprehensive Plan of
the City for the purpose of promoting the health, safety and welfare of
the community, and with consideration of the reasonable suitability for
the particular use and with a view of conserving the value of the
buildings and encouraging the most appropriate use of land within the
community
Section 4. Penalty. It is unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any
provision hereof shall be fined, upon conviction, in an amount not
more than two thousand dollars ($2000.00), and a separate offense
shall be deemed committed each day during or on which a violation
occurs or continues.
Section 5. Severability. The sections, paragraphs, sentences, phrases, clauses
and words of this Ordinance are severable, and if any section,
paragraph, sentence, phrase, clause or word in this Ordinance or
application thereof to any person or circumstance is held invalid or
3
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this Ordinance,
and the City Council hereby declares that it would have passed such
remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 6. Effective date. This Ordinance shall become effective from and
after its adoption and publication as provided by law.
PASSED ~ APPROVED by the City Council of the City of The Colony, Texas
this the ~1,~ day of ~E:~P-r ,1999.
William W. Manning, Mayor <~
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
4