HomeMy WebLinkAbout1326 05-26-1998ORDINANCE NO. 1326
WHEREAS parking areas have a relatively high risk of crime because they are large areas with
relatively low levels of activity that are easily accessible to the public and they contain parked
cars which can be used as hiding places; and
WHEREAS parking areas contain both pedestrian and automotive traffic which can be in
conflict without adequate lighting; and
WHEREAS the City Council has the authority and responsibility to protect the health, safety,
and welfare of the citizens of the City of Euless;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
that Chapter 84 "Unified Development Code" of the Code of Ordinances of the
City of Euless, Texas, Article V "Off- Street Parking, Loading, and Driveway
Standards" be amended by the addition of Section 84 -201 (i) "Lighting" as
follows:
(1) Definitions - For purposes of this Section, "covered parking facility" includes but is not
limited to parking structures and parking shelters, whether the sides of such are open or enclosed.
(2) Illumination Required - Required illumination levels in this section shall be met by all
projects for which a site plan has not been approved by the effective date of passage of this
Section. In addition, it is the intent of this Section that nonconforming properties will eventually
meet the standards contained herein. Existing properties shall come into compliance with the
requirements of this Section in the following situations:
a. at the time of Replat
b. when a new Certificate of Occupancy is required due to a change in the occupancy type
of the property
c. when a Building Permit is issued for reconstruction or renovation of more than 51% of
the replacement value of a structure
d. when a Building Permit is issued for substantial expansion of an existing building.
Whether expansion is "Substantial" shall be detennined by Staff on a case by case basis.
e. When public safety officials and/or the City Engineer determine that an imminently
dangerous situation exists on a specific property, City Council may set a date by which
that property must come into compliance with the conditions and requirements of this
Section, after which date City staff may enforce this Section on that property.
Required minimum initial illumination levels shall be met prior to final inspection. Slightly
lower minimum levels of illumination may be acceptable when caused by the existence of a
natural obstruction such as a tree.
ORDINANCE NO. 1326, PAGE 1 OF 5
Subsequently, required minimum maintained illumination levels (minimum on pavement for
open areas, average on pavement and vertical for covered areas) shall be met during the hours of
operation of any business for which an off street open parking lot or covered parking facility
contains required parking, and continuously for any off street multifamily residential parking, as
measured without the presence of cars or other temporary obstructions. All covered parking
facilities, which includes parking structures and parking shelters, shall also provide the
following:
1. no less than 10% of the required minimum maintained average on pavement and vertical
illumination levels at all times
2. lighting fixtures located strategically to provide a minimum illumination level of no less
than 10% of the required average on pavement and vertical values in case of an
interruption to the normal power supply.
(3) Maximum Uniformity Ratio - The Maximum Uniformity Ratio (the ratio of average to
minimum illuminance) of any contiguous off street open parking areas, service drives, and/or
driving lanes in parking areas and of any covered parking facility, shall be no more than 4:1.
(4) Minimum Illumination Levels for Open Parking Areas - Minimum illumination levels
measured on the pavement for all off street open parking areas, service drives, and/or driving
lanes in parking areas shall be as follows. Minimum initial illumination levels measured on the
pavement shall be no less than 30% above the latest published Illuminating Engineering Society
of North America (IESNA) standards for General Parking and Pedestrian Areas with the Levels
of Activity indicated below, and minimum maintained illumination levels shall meet or exceed
the above referenced IESNA standards. If a use falls into more than one category listed below,
the higher illumination level requirements shall govern.
a. IESNA standard for General ?arking and Pedestrian Areas with a High Level of Activity:
1. Regional Shopping Centers (buildings over 300,000 square feet)
2. Eating Establishments (Drive Thru), detached
3. Amusement and Recreational Services category, UDC Section 84 -84, Table 4 -A
(includes Golf Courses)
b. IESNA standard for General Parking and Pedestrian Areas with a Medium Level of
Activity:
1. Community Shopping Centers (buildings 100,001 to 300,000 square feet)
2. Housing in the TH, MH, R -3, R -4, R -5 residential categories
3. Hospitals and Emergency Care Clinics
4. Municipal Facilities, including Parks
5. The following categories in UDC Section 84 -84, Table 4 -A
Office Uses
Retail Uses
Personal Services
Business Services
Automotive Services
Miscellaneous Repair Services
Trucking /Warehousing and Wholesale Trade
Transportation Facilities
ORDINANCE NO. 1326, PAGE 2 OF 5
c. IESNA standard for General Parking and Pedestrian Areas with a Low Level of Activity:
1. Neighborhood Shopping Centers (buildings 30,001 to 100,000 square feet)
2. Convenience Shopping Centers (buildings 0 to 30,000 square feet)
3. The following categories in UDC Section 84 -84, Table 4 -A
Institutional and Educational Facilities (includes Churches)
Manufacturing Activities
(5) Minimum Illumination Levels for Covered Parking
For any covered parking facility, initial average on pavement illumination levels, as well as
initial vertical illumination levels as measured 6 feet above the pavement, shall be no less than
30% above the latest published Illuminating Engineering Society of North America (IESNA)
standards for Covered Parking Facilities. Maintained average on pavement illumination levels,
as well as maintained vertical illumination levels as measured 6 feet above the pavement, shall
meet or exceed the above referenced IESNA standards.
Stairway illumination shall initially be no less than 30% above the latest published Illuminating
Engineering Society of North America (IESNA) range of illuminances for stairways in Covered
Parking Facilities, and maintained at a level that meets or exceeds the above referenced IESNA
range of illuminances.
(6) Fixtures - Lighting fixtures shall be compatible in color and design with the building for
which the parking lot contains the most required parking spaces. Wood poles are prohibited in
all off street open parking areas, service drives, and/or driving lanes in parking areas, and in all
covered parking facilities. Cutoff and semicutoff design fixtures are not mandated, but may be
required in some cases if the Planning and Development Director or designee determines that
other fixture types will result in light trespass in violation of this section.
All lighting required by this Section shall be controlled by a photo cell or seasonally- adjusted
timer switch.
Each lighting fixture must be in good working order at all times on all properties in the City of
Euless, whether or not other conditions and/or restrictions of this Section apply to the property.
(7) Lamps - Monochromatic light sources, such as Low Pressure Sodium lamps, are prohibited.
All other lighting types are allowed, as long as the illumination provided meets the conditions
and requirements of this Section.
(8) Light Trespass - All lighting used to illuminate off street open parking areas, service drives,
and/or driving lanes in parking areas and in all covered parking facilities shall be so arranged as
to minimize light trespass onto adjacent rights of way and properties that are zoned or used for
other than residential purposes, and to eliminate light trespass onto adjacent residentially zoned
or used properties. For purposes of this section, "light trespass" includes
a. the illumination of properties other than the one on which the fixture is located
b. excessive brightness in the normal field of vision (nuisance glare)
In no case shall lighting be permitted to create dangerous traffic safety conditions.
ORDINANCE NO. 1326, PAGE 3 OF 5
(9) Enforcement
When properties are required to come into conformance with the requirements of this Section, as
described in 84 -201 (i)(1), the Site Plan (for new developments), or the Replat, Certificate of
Occupancy, or Building Permit application (for existing properties) shall contain the following
information. City Construction and Building Inspectors will verify that fixtures have been
installed as described on the Lighting Plan before a Certificate of Occupancy will be issued.
1. A Lighting Plan showing the locations and general throw patterns of parking lot lighting
fixtures; a Graph of footcandles and distance from light fixtures that demonstrates
compliance with this Section; and a Lighting Table that lists type of luminaire, pole
height, wattage at installation for each fixture.
2. The seal of a registered architect or engineer, as well as a note stating "The property
represented on this Plan conforms with the parking lot lighting requirements of Section
84 -201 (i) of the Unified Development Code of the City of Euless, Texas."
(10) Exceptions
Exceptions to these requirements may be granted by the City Council on a case -by -case basis
provided that the Council finds that a proposed alternative may better serve the public interest.
Exceptions approved by the Council shall be in effect for only the site and occupant specifically
authorized by Council.
(11) Penalty for Violation
Any person, firm, or corporation violating the terms and provisions of this ordinance, or the
amendments to the comprehensive zoning ordinance of the city of Euless hereby made, shall be
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an
amount not to exceed Two Thousand Dollars ($2,000) and each day such violation shall continue
or be permitted to exist shall constitute a separate offense. Any amendment to the general
penalty provision found in the comprehensive zoning ordinance of the City of Euless, as
amended, shall be deemed to automatically amend this penalty provision in conformity
therewith.
(12) Relationship to other laws if this Section imposes a greater restriction upon land,
buildings, or structures than is imposed by other ordinances, covenants, restrictions, or
agreements, then the provisions of this Section shall govern. If other ordinances are more strict
than this Section, then the more strict provisions shall prevail.
(.13) Repeal of Conflicting Ordinances All ordinances or parts of ordinances in conflict
herewith are repealed to the exrent of conflict only.
(14) Severability It is hereby declared to be the intention of the City Council of the City of
Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are
severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be
declared unconstitutional by the valid judgement or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
ORDINANCE NO. 1326, PAGE 4 OF 5
sentences, paragraphs, or 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.
(15) Effective Date This ordinance shall be in full force and effect from and after its passage,
as provided by the Euless City Charter and the laws of the State of Texas.
Presented and passed on first and final reading at a regular meeting of the Euless City Council on
the 26th day of May, 1998, by a vote of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
IIL4��
Mary Lib Salai, Mayor
ATTEST:
usan Crim, C IC /AAE, City Secretary
Bob McFarland, City
ORDINANCE NO. 1326, PAGE 5 OF 5