The purpose of the outdoor lighting chapter in the Land Development Code is to reduce light pollution. Light pollution has negative effects on quality of life, human health, and on the environment. It also makes us unable to see the stars at night. However, nighttime lighting is necessary for safety, security, and commerce. The goal of the outdoor lighting chapter is to reduce the impact of artificial light at night, while still allowing necessary outdoor lighting. The ordinance addresses development standards.

The purpose of this chapter is to address lighting that is considered to be a nuisance. This specifically addresses issues that occurs between neighboring properties regarding light trespass and glare.

We can be good neighbors. It is great when people can work amicably for a solution. However, sometimes that works better in theory than in practice. Some people need outdoor lighting to feel secure. Other people would prefer darkness. When these two create conflict, it may difficult for people to address these issues.

Two of the components that this ordinance addresses are light trespass and glare. These are two of the most common complaints between property owners in regards to outdoor lighting. The new chapter in the Code of Ordinances proposes that direct illumination from a lighting source be confined to the property of origin. The source of the light, or the bulb, should not be visible. Basically, direct illumination should not be visible from neighboring properties. These regulations help to reduce glare and light trespass. This will allow individuals who want lights on their property to have them, while also protecting the rights of their neighbors from artificial light at night.

Regulations are generally created to protect the public or the environment. Outdoor lighting regulations provide an opportunity to illuminate property while mitigating the impacts of light pollution. Most of these regulations are designed to make changes in outdoor lighting over time. They will affect future development but should not create a burden to the residents and commercial areas within Sunset Valley. The ordinance balances the need for outdoor lighting in different situations while also reducing light pollution. In residential areas, until a light fixture needs to be replaced; new lights are added; or houses are remodeled, the land development code chapter does not require any changes. The commercial areas have 10 years to bring their lighting into compliance. This will give them time to plan and implement any required changes. The proposed changes to the Code of Ordinances addresses issues that may occur between neighboring properties. If there is an issue of light trespass between neighbors it can be addressed through the proposed chapter in the Code or Ordinances. In that case, the City will become involved in finding a solution.

Land Development Code enforcement is generally handled by the Public Works and Administration Departments as needed. Generally, all code enforcement is complaint driven. If a complaint is received, typically the Development Permit Coordinator will investigate the complaint and take appropriate action. Complaints can be reported to the Police Department, but investigation will be done through the other departments. Another way code enforcement is completed is through the building permit process. When a development application is made the projects are checked for compliance with appropriate sections of the Land Development Code. As with any violation of City ordinances, enforcement may ultimately result in a prosecution in municipal court, similar to prosecution of a traffic offense.

The commercial areas have 10 years to make changes to their outdoor lighting. Much of the commercial area will require very few changes. In fact, some places such as Home Depot appear to be fully compliant at this time. Two of the three shopping centers are currently planning to replace existing lighting with more energy efficient LED lighting. This ordinance will allow that change as long as the LED lights remain in the warmer tones. The color temperature of the light must be below 3000 Kelvin as recommended by the American Medical Association. There should be no additional cost burden to the shopping centers as they make these changes to new lighting technologies and become compliant with the intent of this ordinance.

The Toney Burger Center is another area affected by this ordinance. It would need to become compliant within the ten-year period. This time period would allow the Austin Independent School District to make plans to change their lighting to become compliant. Effective immediately, the field lights would need to be turned off outside of events and activities. When activities are taking place, lights would need to be off by 10:30, unless an activity is taking place later into the evening.

Educational materials will be sent to all residents on the changes the outdoor lighting ordinance makes. Efforts will be made to insure everyone understands how to make sure they are compliant with this chapter of the Land Development Code. Outside of replacing fixtures, most new lighting installations will require a building permit for the electrical work. At that time the project will be checked for code compliance. However, if a person is replacing an existing fixture and does not need a permit they may install a non-compliant light unknowingly. The City does not have records of every light fixture currently installed in residential areas. Unless a complaint is received, a non-compliant light could be installed and no one would know that something had changed

Austin’s code requires fully shielded lights (Land Development Code Subchapter E 2.5 Ord. 20060831-068; Ord. 20130606-088). This applies to all zoning classes. The alternative equivalent compliance section in Sunset Valley’s code is the same as that found in the City of Austin code. The main difference is that Austin’s code is primarily effective on new development, whereas Sunset Valley’s code has a sunset provision that will require compliance in the non-residential areas within 10 years.

Light pollution effects everyone. Having different standards in different neighborhoods would not meet the goals of reducing light pollution within the entire City. These standards will allow people to have outdoor lighting but help to mitigate the negative impacts of that light.

If neighborhoods would like additional streetlights they should gather street or neighborhood consensus and request additional streetlights from the City Council. There is a budget impact to additional streetlights, so addition of any streetlights is subject to available funding. Any new streetlights would be designed to meet the outdoor lighting standards for streetlights.

The proposed penalties are consistent with all other sections of the Land Development Code. The fines in the Land Development Code range from $200-$5,000 depending on the type of violation. The intent is to use fines as a last resort and to encourage residents to comply without the need to resort to going to court. City staff works diligently to find non-punitive solutions. However, there are times that these penalties are needed in order to make an ordinance enforceable.

Kelvin is used to determine the color temperature of light. Lights over 3000 Kelvin tend to be much brighter than other lights and may even be listed as “daylight”. These lights emit more short-wave blue light that has been found to have negative health impacts. Lights with lower Kelvin provide illumination necessary for safety and security, while not having the increased levels of blue light. The American Medical Association recommends artificial lighting to be below 3000 Kelvin.