The purpose of this Chapter is to describe lot development standards
for both residential and nonresidential lots.
(1)
This
chapter contains standards on lot size, minimum setback requirements,
and maximum building heights in order to provide for a variety of
housing and land development patterns and to meet the diverse needs
of the current and future residents of Blanco, all in a manner consistent
with the goals and objectives set forth in the Comprehensive Plan.
(2)
This
Chapter also contains standards on maximum impervious cover, both
for entire subdivisions as they are developed as well as for individual
lots as they are built upon. The impervious cover standards are essential
in order to manage or avoid the adverse problems of excessive quantity
and degraded quality of urban storm water runoff, the increased erosion
of downstream channels and waterways, the reduced interception and
absorption of rainfall and runoff by the soil and vegetative cover,
increased reradiating of excessive heat from pavement surfaces, and
other problems that may arise as a result of extensive development.
(3)
Additional
standards that pertain to both residential and nonresidential lots.
(4)
Collectively,
these standards exist in order to achieve a variety of housing and
building types, as well as achieve the goals and policies identified
in the City of Blanco’s Comprehensive Plan.
(Ordinance adopted 11/10/20)
(1)
This
Chapter identifies minimum standards for areas within the City Limits.
Lot design standards within the Blanco City limits are categorized
by Zoning District.
(2)
This
Chapter also identifies minimum standards for lots outside the City
limits.
(a)
Standards related to zoning are nonbinding guidelines for development
in the ETJ. However, these lot standards shall apply to areas previously
outside the City limits after they are incorporated and then zoned
through annexation procedures.
(b)
Standards are defined in the ETJ in order to maintain on-site wastewater
treatment standards. For developments planning to utilize on-site
treatment systems, please consult the Blanco County rules for On-site
treatment standards.
(3)
This
Chapter does not apply to development authorized by the City pursuant
to subdivision final plat and approved construction plan.
(Ordinance adopted 11/10/20)
Every building erected or moved and every lot platted for development
must conform to the following minimum requirements:
(1)
Meet
the minimum lot requirements of at least one type of lot described
in this Chapter:
(2)
Have
direct access to an approved public or private street or street right-of-way,
as specified in this Code;
(3)
Provide
safe parking and fire and police access; and
(4)
Meet
the minimum dimensional; environmental, parking, landscaping, and
water conservation requirements of this Code.
(Ordinance adopted 11/10/20)
Table 5.1 identifies the standards for lots within each zoning district that has been identified in Chapter 4. These standards apply to all developments but may be adjusted based on usage conditions and zoning overlays found in this Chapter.
|
Table 5.1 Lot Standards
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Zoning District
|
Allowable Density
(units/ac)
|
Min. Lot Area
(ft2)
|
Min. Lot Width
|
Setbacks
|
Max. Building Height
|
Max. Lot Cover
(%)
|
Maximum Impervious Cover
(%)
| |||
|
|
|
|
|
Min. Front Yard
|
Min. Back Yard
|
Min. Side Yard
|
|
|
Central Wastewater
|
On-Site Sewage
|
|
Residential
|
|
|
|
|
|
|
|
|
|
|
|
Residential 1
|
1 unit/1 acre
|
32,500
|
100
|
40
|
25
|
15
|
35
|
25
|
30
|
25
|
|
Residential 2
|
3 units/acre
|
11,000
|
80
|
30
|
20
|
7.5
|
35
|
45
|
45
|
30
|
|
Residential 3
|
5 units/acre
|
6,500
|
60
|
20
|
10
|
5
|
35
|
50
|
50
|
30
|
|
Residential 4
|
20 units/acre
|
20,000
|
75
|
25
|
20
|
15
|
35
|
65
|
55
|
40
|
|
Residential 5
|
5 units/acre
|
6,500
|
60
|
20
|
10
|
10**
|
35
|
50
|
65
|
50
|
|
MH
|
8 units/acre
|
5,000
|
45
|
15
|
5
|
5
|
35
|
50
|
50
|
30
|
|
R (Existing)
|
–
|
–
|
–
|
25*
|
20
|
5
|
35
|
–
|
|
|
|
Commercial
|
|
|
100
|
40
|
35
|
20
|
45
|
|
70
|
50
|
|
Industrial
|
|
|
100
|
40
|
35
|
20
|
45
|
35
|
75
|
55
|
|
Park
|
|
|
70
|
15
|
15
|
15
|
35
|
|
70
|
65
|
|
Agricultural
|
|
3 acres
|
200
|
35
|
30
|
20
|
35
|
25
|
25
|
20
|
|
**Minimum Side Yard Setback is increased to 20' if the structure
is adjacent to residential zoning, or if the structure is greater
than one story.
|
(1)
Allowable
Density.
Each Zoning District has a maximum number of
dwelling units per acre that can be placed on a tract, without regard
for any land area needed to accommodate infrastructure and environmental
factors such as right-of-way, drainage, floodplains, steep slopes,
impervious cover limitations, minimum lot size standards, yard setbacks,
and maximum lot coverage.
(3)
Minimum
Lot Width.
The Minimum Lot Width is the minimum width
of a lot (in feet), measured parallel to and along the front property
line.
(a)
The average depth of any lot shall not exceed four times the average
width of the lot.
(b)
Residential lots on cul-de-sacs and eyebrows may have a reduced minimum
lot width at the front property line as found in Table 5.2.
|
Table 5.2 Reduced Lot Width
| |
|---|---|
|
Zoning District
|
Cul-de-Sac and Eyebrow Minimum Lot Frontage
(ft)
|
|
Low Density Residential:
|
45
|
|
Medium Density Residential:
|
35
|
|
High Density Residential:
|
30
|
|
Multifamily Residential:
|
NA
|
|
Manufactured Housing Residential:
|
30
|
(4)
Setback
Measurements.
A setback is the minimum distance, extending
across the full width of the lot, between the property line and the
nearest exterior wall or structure.
(5)
Maximum
Building Height.
Maximum building height is the maximum
allowed distance measured from finished grade to the highest point
on a flat roof or the midpoint between the cornice and the eave on
a pitched roof.
(6)
Maximum
Lot Coverage.
Each buildable residential lot has a Maximum
Lot Cover, expressed as a percentage which represents the maximum
percentage of impervious surface area allowed on a lot within each
particular Zoning District.
(a)
Impervious surfaces on a lot include buildings, driveways, garages,
porches, patios, private walks, accessory buildings, and any other
impervious surfaces constructed on the lot. Building coverage is measured
from the faces of the walls, not the eaves of the roof. Maximum Lot
Coverage is computed as the total amount of impervious surface on
the lot divided by the total lot area.
(7)
Maximum
Impervious Cover, Subdivision.
Each development has a
Maximum Impervious Cover standard based on zoning district that limits
the intensity of development over the entire tract or proposed subdivision.
(a)
Impervious cover includes the infrastructure for the development
(streets, sidewalks, parking areas, walkways, etc.) plus specific
improvements on each lot (buildings, driveways, patios) and any other
constructed surfaces that are impenetrable to stormwater.
(b)
The formula for computing Maximum Impervious Cover is a two-step
process as follows:
i.
Calculate Net Site Area.
The Net Site Area is calculated
by summing those portions of the tract or subdivision that are readily
developable-lands outside of floodplain areas and having a flat or
moderately sloping surface. It is defined as follows:
1.
One hundred percent (100%) of land with a gradient of fifteen percent
(15%) or less and located outside of the one hundred (100) year floodplain;
and
2.
Fifty percent (50%) of the land with a slope of more than fifteen
percent (15%) and not more than twenty-five percent (25%) and located
outside the one hundred (100) year floodplain; and
3.
Land with a slope of more than twenty-five percent (25%) of the land
percentage [sic] and located outside the one hundred (100) year floodplain.
ii.
Apply the Maximum Impervious Cover standard to the Net Site Area.
. The maximum impervious cover, measured as a percent, is multiplied
by the Net Site Area to calculate the Total Allowable Impervious Cover
for the entire tract or proposed subdivision.
(Ordinance adopted 11/10/20)
The purpose of this section is to provide incentives to developers
for incorporating specific additional features beneficial to the community.
(1)
Rear
Parking.
Minimum front yard setbacks within all Commercial
Districts may be decreased by fifty percent (50%) if rear parking
is provided.
(2)
Cluster
Development.
(a)
The purpose of this lot standard modification is to encourage clustered
subdivisions in conjunction with the preservation of open space. It
is not intended to increase the overall density of the subdivision.
(b)
All areas within the City are eligible for consideration and approval
for this flexible benefit so long as the requisite criteria are met.
(c)
Modification Criteria.
i.
Lot standard modifications may be made based on the percentage of the Gross Site Area that is accepted as dedicated parkland or open space in addition to the Parkland Dedication generally required by Chapter 6 of this Code.
ii.
Open Space Dedications may only be accomplished with a conservation
restriction approved by the City in the form of a legal covenant prohibiting
future development in a particular area, and separate from any utility
easements, drainage easements, right-of-way, or other essential improvements
that directly support the associated development.
|
Table 5.3 Open Space Preservation Incentive
| |||
|---|---|---|---|
|
Open Space Preservation
(% of Gross Site Are)
|
Reduction in Minimum Lot Size
|
OR
|
Increase in Maximum Lot Coverage
|
|
25-30%
|
Up to 15%
|
|
Up to 10%
|
|
>30%
|
Up to 20%
|
|
Up to 20%
|
(3)
Density
Bonus.
(a)
A density bonus may be granted on any parcel subject to an application
subdivision plat and modifies the allowable density and intensity
on that parcel.
i.
The total density bonus shall not exceed twenty (20) percent of the
allowable density of the underlying zoning district or of the applicable
future land use classification in the Comprehensive Plan based on
Gross Site Area. (i.e., in a Medium Density District, no more than
4.8 units, or one hundred twenty percent (120%) of 4 units per acre
would be allowed).
ii.
To calculate the number of permitted units, the City shall consider
any environmental, safety, or health constraints that density bonuses
may result in. In such cases, dedication of lands would result in
a smaller bonus.
(b)
Open Space Bonus Criteria.
For each whole acre dedicated to and accepted by the City as useable parkland, and in excess of the required Parkland Dedication, A Density Bonus equal to one-half of the allowable density (units/acre) that would have been permitted on the area may be granted. See Parkland Dedication requirements and standards in Chapter 6.
(Ordinance adopted 11/10/20)
(1)
All
buildings shall front on public streets unless they front on a plaza
or a courtyard.
(2)
Building
within a particular development shall reflect a continuity of treatment
in the following:
(a)
Building scale
(b)
Maintaining a front yard build-to line
(c)
Maintaining the cornice line in buildings of the same height
(d)
Extending horizontal lines of windows and doors
(e)
Echoing architectural styles and details, design themes, building
materials, and colors of the local context (in particular neighboring
buildings)
(3)
Sidewalks.
Sidewalks shall be constructed along all streets in subdivisions
and Site developments, in accordance with the standards specified
in Section 7.5 of this Code.
(4)
Screening.
All A/C units, HVAC systems, exhaust pipes and stacks, elevator
housing, satellite dishes and other such devices shall be screened
from view at from the public street by walls, fencing, roof elements,
penthouse-type screening devices, or landscaping.
(5)
Corner
Lots.
On a corner lot in any district, nothing shall
be erected, placed, or planted or allowed to grow in such a manner
so as to materially impair vehicle drivers’ vision at intersections.
(a)
The clear vision area includes a triangle defined by the property
lines and a line joining two points located twenty-five (25) feet
from the intersection of the property lines;
(b)
Fences, walls, and /or hedges may be permitted provided that such
items do not impair vision from three (3) feet to six (6) feet above
the curb line elevation.
(Ordinance adopted 11/10/20)
The purpose of these standards is to implement selected goals
and policies identified in the Blanco Comprehensive Plan and to achieve
a minimum level of quality and compatibility in new and existing developments
while maintaining significant flexibility in site layout and design.
(1)
Residential
Lot Organization.
Blocks shall be laid out to provide
effective connectivity within and among subdivision and neighborhoods.
(a)
All lots must be numbered consecutively within each block.
(b)
The total block length shall not exceed one thousand three hundred
twenty (1,320) feet
(c)
The total block length in Nonresidential, Multifamily, and Agricultural
Residential Zoning Districts may not exceed ten (10) times the minimum
lot width permitted in the district as provided in Table 5.1.
(d)
Residential lots with frontage on an arterial street shall also have
frontage on a local street so that such lot(s) have vehicular access
to a local street and not only to an arterial.
(2)
Garages
and Driveways.
(a)
All residences must provide for the ability of at least two (2) vehicles
to be parked on an all-weather surface within the lot boundaries accessible
by an all-weather access driveway. (Reference Section 7.4 Driveway
Design and Construction Requirements)
(3)
Fences
and Walls.
(a)
Fences, fence posts, and freestanding walls within or bordering residential
lots shall not exceed six feet (6') in height as measured from the
ground level at the base of the fence or wall.
(b)
The maximum height may be increased to eight feet (8') for a semitransparent
fence where the open and unobstructed area in proportion to the total
fence area (measured perpendicular to the fence) is four to one (4/1)
or greater.
(4)
Accessory
Buildings.
(a)
Number of Structures.
i.
The combined floor area of all accessory structures on any residential
lot shall not exceed ten percent (10%) of the total lot area.
ii.
There shall be not more than one (1) accessory structure used for,
or intended to be used for, living quarters on any residential lot.
iii.
There shall be not more than two (2) accessory structures located
on a single-family residential lot in high density and medium density
residential zoning districts[.]
(b)
Setbacks.
i.
Accessory buildings on residential lots shall meet all front, side,
and rear yard setback requirements for primary structures.
ii.
Accessory buildings located behind the rear façade of the
primary structure may meet the following setback:
1.
If the accessory building is two hundred (200) square feet or less
in area and eight feet (8') or less in height, then it shall be setback
a minimum of three feet (3') from the property line.
2.
If the accessory structure is greater than two hundred (200) square
feet in area or eight feet (8') in height, then it shall be set back
one (1) additional foot (1') from the property line for each one foot
(1') in height up to the minimum setback for a primary structure.
iii.
Notwithstanding the above, any garage or carport shall be setback
a minimum of ten feet (10') from a right-of -way.
(5)
Portable
Building Standards.
No portable storage building shall
be erected in any required setback area.
(6)
Multifamily
Residential Buildings.
(a)
A multifamily building is any residential development containing
more than two (2) dwelling units.
(c)
Façade.
i.
The first floor of the front façade shall have as a minimum
thirty percent (30%) of the surface area constructed in windows, doors,
or other opening to facilitate compatibility with single-family uses.
ii.
Apartment buildings may reduce such minimum to fifteen percent (15%)
of the façade surface area.
iii.
Townhouse and apartment buildings shall comply with the buffering
requirements in Section 5.11.
(Ordinance adopted 11/10/20)
(1)
Nonresidential
Buildings Façade.
(a)
Buildings shall be designed to face the street, courtyards may exist
within or between buildings, and buildings may open up to the courtyard,
however the front façade of the building must nonetheless address
the street.
(b)
All sides of a building shall be architecturally consistent in regard
to style, colors, and details.
(c)
All nonresidential building facades within two-hundred feet (200')
of the property line along a roadway shall be clad in masonry, decorative
metal, or wood.
(d)
No building façade shall extend horizontally for a distance
greater than three (3) times its height without a change in elevation
of fifteen percent (15%) of such height. This height change shall
continue for a minimum distance equal to at least twenty-five percent
(25%) of the maximum length of either adjacent plane.
(e)
Blank wall or service area treatment of side and/or rear elevations
visible from the public right-of-way is not allowed. If the building
code necessitates such walls, the walls shall be articulated as specified
above and/or textured and landscaped.
(2)
Building
Entrances.
(a)
All entrances and exits shall have a continuous pedestrian walkway
that is connected to a public sidewalk on the primary street and intersecting
secondary street.
(b)
All building entrances shall be defined and articulated by architectural
elements such as lintels, pediments, columns, porticos, porches, overhangs,
railings, and other such elements which are compatible with the style
and details of the building as a whole.
(c)
At least thirty percent (30%) of the façade facing an arterial
roadway shall be comprised of apertures (doors, windows, and other
openings); this requirement shall be reduced to fifteen percent (15%)
in industrial zones.
(3)
Roofs
and Other Coverings.
The following types of roofing materials
and designs are prohibited:
(a)
Roofs less than or equal to a two-to-twelve (2/12) pitch unless they
utilize full parapet coverage;
(b)
Mansard roofs and canopies without a minimum vertical distance of
eight feet (8') and at an angle not less than twenty-five (25) degrees,
and not greater than seventy (70) degrees;
(c)
Back-lit awning used as a mansard or canopy roof; and
(d)
Steel and aluminum awnings facing a public street.
(4)
Water
Conservation and Landscaping.
Water conservation measures
such as xeriscape are recommended.
(5)
Commercial
Buildings (does this include R-5?).
(a)
Commercial uses may be contained in multi-story, mixed-use structures
with commercial/retail uses on the ground level and apartment dwelling
or offices on the upper levels.
(b)
In order to maintain an integrated overall character of the building
façade, storefronts and other commercial facades on the first
floors of a building shall be integrally designed with the upper floors.
i.
Any large pane display windows on ground floor retail, service, and
restaurant uses shall not exceed seventy-five percent (75%) of the
ground level façade area. Large panes shall rest on a base
of at least eighteen inches (18") at the ground level.
ii.
Any building design with multiple storefronts shall be coordinated
through the use of architecturally compatible materials, colors, details
awnings, signage, and lighting fixtures.
(c)
Buildings on a development site shall be situated in a manner that
allows pedestrians to directly reach their destinations within the
site, or to directly reach continuous pedestrian walkway linking destinations
outside the development. Site design shall provide direct access into
the buildings from the public sidewalk.
(6)
Shopping
Center and Superstores.
In addition to the other standards
in this Chapter that apply to commercial and retail site developments,
the following standards and guidelines shall apply to large stores
and shopping centers that contain more than fifty thousand (50,000)
square feet in one building or more than eighty thousand (80,000)
square feet in one shopping center site development.
(a)
Developments shall create a continuous public edge and streetscape
on all frontages using, among other techniques, active building faces
(windows and doors and covered entries for viewing into and entering
the building), landscaping on the sides of buildings, sidewalks and
street furniture, and low walls, canopies and decorative fencing or
screening.
(b)
Pedestrian walkways shall be protected from vehicular intrusions
with elements integrated into the overall streetscape design, including
curbs, landscaping, bollards or other elements.
(c)
Large building facades shall be articulated with projections or indentations
and with clearly marked and well-designed entries (as required above).
(d)
Blank facades shall not be exposed to public streets.
i.
Buildings with long facades shall be massed and articulated by design
elements including texture, canopies, transparency, and the vertical
expression of structural bays so that the scale of the building does
not overwhelm the streetscape as described in Section 5.9(1) [5.8(1)]
above.
ii.
The building design shall provide differentiation between bottom
floor, top floor, and any floors in between.
iii.
Buildings shall incorporate horizontal design elements to add interest
and reduce the massive scale of the building and to complement the
character of adjacent buildings including, for example, building bases,
sills, cornices and rooflines.
(e)
Vehicular and pedestrian access to adjacent current and future uses
shall be incorporated in the initial site planning stages. Driving
aisles and vehicular access routes shall be designed with connections
to adjacent existing as well as future roads, sidewalks connecting
to public sidewalks, curbs, street furniture and protective landscaping.
(Ordinance adopted 11/10/20)
(1)
Purpose
and Scope.
(a)
This Section establishes a site plan review process for all proposed
nonresidential and certain residential developments. Generally, this
chapter applies to horizontal improvements necessary to develop a
site, rather than the vertical improvements involved with erecting
buildings. The purpose of the review is to ensure efficient and safe
land development, harmonious use of land, compliance with the comprehensive
plan, appropriate design standards, safe and efficient vehicular and
pedestrian circulation, parking and loading, and adequate water supply,
drainage and stormwater management, sanitary facilities, coverage,
and other utilities and services.
(b)
This chapter applies to all property within the incorporated municipal
boundaries (i.e., City limits) and the extraterritorial jurisdiction
(ETJ).
(2)
Site
Development Permit Required.
No development shall be
undertaken on any land, tract, parcel, or lot within the corporate
limits or ETJ of the City until a site development permit for said
development has been obtained from the City. Exceptions to this prohibition
are enumerated below.
(a)
Approval requirements.
i.
Site plan review and approval shall be required for all nonresidential
and specified residential projects and any planned development district
(PD) or special use permit (SUP) public hearings may also be required,
as set forth in these regulations.
ii.
No building permit shall be issued for any of the above developments
in the City limits until a site plan and all other required engineering
or construction plans are first approved by the City. No certificate
of occupancy shall be issued until all construction and development
conforms to the site plan and engineering/construction plans, as approved
by the City. The site plan review process shall include three (3)
steps:
(b)
Exemptions.
Site plan review shall not be required for
the following:
i.
The cultivation of land for agricultural purposes, fence building
or rebuilding.
ii.
Street construction and maintenance projects that do not increase
the impervious cover beyond that of the original street.
iii.
Construction or reconstruction of duplex residential housing and
associated buildings, drives, and other appurtenances provided:
1.
No more than one structure is constructed per legal lot;
2.
No proposed improvement is located in the 100-year floodplain;
3.
The City Engineer has determined that the proposed improvement would
not have an effect on the waterway; and
4.
City erosion and sedimentation control regulations are complied with.
iv.
Structural repairs or replacements to existing structures.
v.
Construction or reconstruction of barns, silos, livestock pens, sheds,
and other agriculturally related structures.
vi.
Selective clearing of vegetation performed in conjunction with subdivision
development, and in compliance with the permitting and platting requirements
of the subdivision ordinance of the City.
vii.
Any site fully developed prior to the effective date of this chapter.
viii.
Any site for which a permit was issued under a previous version of
this Chapter.
ix.
Single-family detached residential developments, unless the proposed
subdivision will include a private amenity or facility comprised of
one or more buildings, such as a private recreation or swimming facility
or clubhouse or a golf course. Also, this exemption shall not apply
if the proposed subdivision will have private (not public) streets.
In these instances, site plan submission and approval are required
for the private amenity or facility, the golf course clubhouse/hospitality
area, and the gated entrances.
(3)
Required
submissions.
Plan submission shall be comprised of the
items set forth below:
(a)
An application form, in the format provided by the City, with notarized
signatures of the owner.
(b)
Filing fee.
(c)
Verification that all taxes and assessments on the subject property
have been paid.
(d)
Copies of the plan, on 24" x 36" sheets, and drawn to a known engineering
scale that is large enough to be clearly legible, and other required
information, the quantity of which shall be determined by the City.
(e)
General layout for the required public improvements, including water,
wastewater, grading and storm drainage, streets, water quality, alleys,
fire lanes and hydrants, the quantity of which shall be determined
by the City.
(f)
Reduced copies (11" x 17" or smaller) of the site plan as required
by the City.
(g)
Building facade (elevation) plans drawn to scale, the quantity of
which shall be determined by the City.
(h)
Any additional information/materials, such as plans, maps, exhibits,
legal description of property, and information about proposed uses,
as deemed necessary by the City, in order to ensure that the written
request is understood.
(i)
Sign plan and requests for any variances from the City’s sign
ordinance.
(j)
Exterior design plan and explanation of how the project complies
with the City’s exterior design standards.
(k)
A statement listing the utilities that will service the project.
(l)
Any variances requested for development of the project.
(4)
Incomplete
submissions.
All required items and information must
be received by the City Secretary in order for site plan submission
to be considered complete. Incomplete submissions will not be reviewed
until all deficient items or information has been received.
(5)
Official
submission date.
(a)
For the purpose of these regulations, the “official submission
date” shall be the date upon which a complete application for
approval of a site plan, that contains all elements and information
required by this chapter, including all related administrative fees,
is first submitted to the City Secretary.
(b)
No application shall be deemed officially submitted until the City
Secretary or the City Secretary’s designee determines that the
application is administratively complete, and a fee receipt is issued
by the City.
(c)
Site plan applications that do not include all required information
and materials designated under this chapter will be considered incomplete.
Such incomplete plans shall not be accepted for official submission
by the City and shall not be scheduled for any action by the City
until the proper information is provided to City Staff.
(d)
Notice of submittal.
An applicant must provide written
notification in accordance with this subsection. Notice must be distributed
not more than thirty (30) nor less than fifteen (15) days after a
completed application has been submitted to the City. This notice
shall be distributed as follows:
(e)
Notice of hearing.
An applicant must provide written
notification in accordance with this subsection if the application
is scheduled for a public hearing. Notice of the hearing must be published
in the City’s official newspaper no more than thirty (30) nor
less than fifteen (15) days before the first hearing at the P&Z.
(f)
Additional information.
The City Staff or officers may
require information and data other than that set out in this section
for specific site plans. This information and data may include but
is not limited to geologic information, water yields, flood data and
hydrological studies, environmental information, traffic impact analysis,
road capacities, market information, historic structure(s) and/or
land, economic data for the proposed development, hours of operation,
elevations and perspective drawings, lighting, and similar information.
Approval of a site plan may establish conditions for construction
based upon such information.
(6)
Evaluation
Standards.
The City Secretary or the City Secretary’s
designee shall review the site plan for compliance with all applicable
City ordinances and with the comprehensive plan; for harmony with
surrounding uses and with long-range plans for the future development
of the City; for the promotion of the health, safety, order, efficiency,
and economy of the City; and for the maintenance of its property values
and the general welfare. The site plan review and evaluation by the
City shall be performed with respect to the following:
(a)
The plan’s compliance with all provisions of the zoning ordinance
and other ordinances of the City.
(b)
The impact of the development relating to the preservation of existing
natural resources on the site and the impact on the natural resources
of the surrounding properties and neighborhood.
(c)
The relationship of the development to adjacent uses in terms of
harmonious design, facade treatment, setbacks, building materials,
maintenance of property values, and any possible negative impacts.
(d)
The provision of a safe and efficient vehicular and pedestrian circulation
system.
(e)
The design and location of off-street parking and loading facilities
to ensure that all such spaces are usable and are safely and conveniently
arranged.
(f)
The sufficient width and suitable grade and location of streets designed
to accommodate prospective traffic and to provide access for firefighting
and emergency equipment to buildings.
(g)
The coordination of streets so as to arrange a convenient system
consistent with the transportation plan of the City.
(h)
The use of landscaping and screening to provide adequate buffers
to shield lights, noise, movement, or activities from adjacent properties
when necessary, and to complement and integrate the design and location
of buildings into the overall site design.
(i)
Exterior lighting to ensure safe movement and for security purposes,
which shall be arranged so as to minimize glare and reflection upon
adjacent properties (in compliance with the City’s Outdoor Lighting
Ordinance).
(j)
The location, size, accessibility, and configuration of open space
areas to ensure that such areas are suitable for intended recreation
and conservation uses.
(k)
Protection and conservation of soils from erosion by wind or water
or from excavation or grading.
(l)
Protection and conservation of watercourses and areas subject to
flooding.
(m)
The adequacy of water, drainage, sewer facilities, solid waste disposal,
and other utilities necessary for essential services to residents
and occupants.
(n)
Consistency with the comprehensive plan.
(7)
Approval
Process.
(a)
Informal consultation.
The applicant(s) shall consult
with the City Secretary, the City Engineer, and/or other designated
administrative officers before preparing a site plan in order to save
time and money and to avoid potential unnecessary delays.
(b)
City Staff review.
Upon official submission of a complete
application for site plan approval, the City shall commence technical
review of the development proposal by forwarding a copy of the application
to development review team members, such as the City Engineer, planning
consultant, and any other pertinent City Official(s). Development
review team members shall review the application and shall ascertain
its compliance with these and other applicable City regulations. Following
City Staff review of the plan and supporting documents, and following
discussions with the applicant on any revisions deemed advisable and
the kind and extent of improvements to be installed, the applicant
shall resubmit additional copies of the corrected plan to the City
Secretary within sixty (60) calendar days following the date on which
the applicant received official notification of the completion of
the review by the City.
(c)
The City may, after review of applications, approve applications
for small projects, being those consisting of 3,500 square feet of
improvement area, cumulative or smaller. Applications reviewed under
this subsection shall be exempt from all public notice requirements
stated above. At the discretion of City Staff, small projects may
be referred to the P&Z and Council for approval or denial. Improvement
area includes where any of the site is disturbed for the project including
parking areas, landscaping, and the actual building site.
(d)
Denial by City Staff.
The City Staff’s denial
of a plan shall then be reviewed by the P&Z and City Council through
the review process outlined herein. The plan that was denied shall
be submitted to the City Secretary no later than seven (7) calendar
days prior to the P&Z meeting. Copies of the plan resubmitted
to the City less than seven days prior to the meeting date shall not
be accepted or forwarded to the P&Z. If the City Secretary determines
that the application is still incomplete or not correct, the plan
application shall be subject to denial.
(e)
Action by P&Z and City Council.
i.
The City Secretary shall schedule consideration of the site plan
on the regular agenda of the P&Z, within forty-five (45) days
after a complete submission is received. The P&Z shall review
the site plan and shall recommend approval, approval subject to certain
conditions, or disapproval of the site plan. If the P&Z recommends
approval, with or without conditions, of the plan, then it will be
forwarded to the City Council for consideration. If the P&Z recommends
disapproval of a plan application, the P&Z shall state such disapproval
and the reasons thereof.
ii.
All applications shall be reviewed by the P&Z under this subsection
and then shall be referred to the City Council for approval or denial.
iii.
The City Council shall consider an application for a site development
permit that involves a variance, PD, or SUP at a public meeting no
later than thirty (30) calendar days after the completed application
was heard by the P&Z.
iv.
The City Council shall make the final decision on ay site plan submission.
(8)
Revisions
to site development permit.
(a)
Minor deviations or design modifications requiring changes in a site
development permit may be approved by the Mayor, after review by City
Staff, without formal application or public hearing. For purposes
of this subsection, minor deviations or design modifications are determined
by the City Engineer to have no significant impact on neighboring
properties, the public, or persons who will occupy or use the proposed
development. An applicant requesting changes to a released site plan
shall submit a written request identifying the requested changes to
the City Engineer. Any changes approved by the City Engineer shall
be in writing.
(b)
All other requests for modifications to a site development permit
shall be processed as a new application. If the Council acts on the
request, new conditions may be imposed, but the applicant may reject
the additional conditions by withdrawing the request for an amendment
and proceeding in accordance with the previously released site development
permit.
(9)
Plan
Duration.
The approval of a site plan shall be effective
for two (2) years. Plans expire if the applicant has not begun construction
within that two (2) year period.
(10)
Site Plan.
(a)
Applicability and purpose.
Submission of a site plan
and City approval of a site development permit is required as stated
above. The purpose of the site plan approval is to ensure that a development
project is in compliance with all applicable City ordinances and guidelines
prior to commencement of construction. Approval of the site plan,
landscape plan, building facade plan, and engineering plans is required
prior to site construction.
(b)
Area in site plan.
When the overall development project
is to be developed in phases, the site plan area shall include only
the portion of the overall property that is to be developed or constructed.
(c)
Submission requirements.
The site plan shall be prepared
at a scale no smaller than one-inch equals one hundred feet (1" =
100') and on sheets twenty-four inches by thirty-six inches (24" x
36"), and it shall clearly show in detail how the site will be constructed
such as paving, buildings, landscaped areas, and utilities. The site
plan shall include but not be limited to the following:
i.
A title block within the lower right-hand corner of the plan with
the proposed name of the project or subdivision, the name and address
of the owner and the land planner, engineer, architect or surveyor
responsible for the plan, the scale of the drawing, both written and
graphic scale, the date the drawing was prepared, total site acreage,
and the location of the property according to the abstract and survey
records of the county;
ii.
A vicinity or location map that shows the location of the proposed
development within the City or its ETJ and in relationship to existing
roadways;
iii.
The boundary survey limits of the tract and each proposed lot, and
scale distances with north clearly indicated;
iv.
The existing zoning and existing and proposed uses on adjacent land;
the location, width and names of all existing or platted streets or
other public ways within or adjacent to the tract; any existing easements,
with recording information; existing buildings; railroad rights-of-way;
topography with contours at two-foot intervals with existing drainage
channels or creeks, including the 100-year floodplain, if applicable;
any other important natural features;
v.
The layout and width, including right-of-way lines and curb lines,
of existing and proposed thoroughfares, collector streets and intersections,
and specific configuration of proposed streets, lots and blocks, proposed
driveways, showing driveway widths and distances between driveways,
and proposed median openings and left turn lanes on future divided
roadways. Existing and planned driveways on the opposite side of divided
roadways must also be shown for coordination and sharing of future
median openings;
vi.
Specific locations and footprints of buildings, including but not
limited to proposed nonresidential and residential densities; building
heights; square footages, which for multi-tenant or multi-purpose
buildings must show square footage for each intended use; massing,
orientation, loading and service areas, including proposed screening,
recycling containers, compactors and dumpster enclosures, including
proposed screening, pedestrian walkways, and parking areas including
parking ratio calculations; any proposed sites for parks, schools,
public facilities, public or private open space; floodplains and drainageways;
all proposed and existing utilities and easements; drainage structures;
retention/detention ponds with proposed aesthetic treatments; screening
walls; fences; signage; fire lanes and fire hydrants; lighting; visibility
easements; and other pertinent development-related features;
vii.
A landscape plan showing turf areas, tree types and sizes, screening
walls, ornamental plantings, planting schedule, including species,
planted height, spacing, container and caliper size, numbers of each
plant material, any existing wooded areas, trees to be planted, and
irrigation plans, if required; and
viii.
Building facade (elevation) plans showing elevations with any
wall-mounted signage to be used, as determined appropriate by the
Mayor.
(d)
Conformance to requirements.
Provision of the above
items shall conform to the principles and standards of this chapter
and the comprehensive plan. To ensure the submission of adequate information,
the City is hereby empowered to maintain and distribute a separate
list of specific requirements for site plan review applications. Upon
periodic review, the Mayor shall have the authority to update such
requirements for site plan and development review application forms.
It is the applicant’s responsibility to be familiar with, and
to comply with, these requirements.
(e)
Effect of review.
Approval of the site plan shall result
in the issuance of a site development permit. The permit shall be
considered authorization to proceed with construction of the site
provided all other required City approvals are obtained, such as engineering
plans, landscape plan, building facade plans, and building permits.
(11)
Variances.
(a)
Presumption.
There shall be a presumption against variances.
However, if the applicant requests a variance in writing, the city
council may authorize a variance from these regulations when, in its
opinion, undue hardship will result from requiring strict compliance.
(b)
Identification.
All variances requested for a project
must be identified during the site plan approval process.
(c)
Conditions.
In granting a variance, the city council
shall prescribe upon the applicant only conditions that it deems necessary
to or desirable in the public interest.
(d)
General criteria.
In making the findings required below,
the city council shall take into account the nature of the proposed
use of the land involved, existing uses of land in the vicinity, the
number of persons who will reside or work in the proposed development,
and the probable effect of such variance upon traffic conditions and
upon the public health, safety, convenience and welfare in the vicinity.
(e)
Required findings.
No variance shall be granted unless
the city council finds that all of the following provisions are met,
and the burden shall be on the developer to show that the following
provisions are met:
i.
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
this land;
ii.
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant;
iii.
That the granting of the variance will not be detrimental to the
public health, safety or welfare, or injurious to other property in
the area; and
iv.
That the granting of the variance will not have the effect of preventing
the orderly development of other land in the area in accordance with
the provisions of this article.
(f)
Restrictions.
When the city council determines that
a variance is warranted, the variance permitted shall be the minimum
departure from the terms of this article necessary to avoid such deprivation
of privileges enjoyed by such other property to facilitate a reasonable
use, and which will not create significant probabilities of harmful
environmental consequences.
(g)
Recommendation by P&Z and City Engineer.
The city
council shall seek the recommendation of the P&Z and the City
Engineer prior to taking any action on a proposed variance.
(h)
Record.
Such findings of the city council, together
with the recommendation of the P&Z, and the specific facts upon
which such findings are based, shall be incorporated into the official
minutes of the board of adjustment meeting at which such variance
is granted. Variances may be granted only when in harmony with the
general purpose and intent of this article so that the public health,
safety, and welfare may be secured, and substantial justice is done.
(12)
Clearing and rough-cutting.
(a)
Prohibition.
No right-of-way clearing or rough cutting
shall be permitted prior to the issuance of a site development permit
by the Council. Limited clearing for soil testing and surveying shall
be allowed.
(b)
Inclusion in plan.
Clearing for the temporary storage
of spoil or construction equipment, or for permanent disposal of fill
material or spoils, shall be so designated on the site plan. The developer
must provide erosion and sedimentation controls and the continuing
maintenance thereof acceptable to the City Engineer.
(c)
Initial brush removal.
i.
Applicants may mechanically remove brush without material soil surface
disruption prior to receiving approval of plats in order to determine
the location of roads, lots, utilities and drainage areas with regard
to preservation of environmental features. Applicants may exercise
this option only by utilizing rubber-tired equipment for brush removal.
ii.
Agricultural and farming operations on land subject to the Ag exemption
for tax purposes are exempt from the restrictions of this section.
(13)
Cuts and fills.
(a)
No fill on any building site shall exceed a maximum of six feet (6')
of depth, except as approved by the City Engineer, in the areas designated
as permanent on-site spoils disposal sites; provided, however, that
fill placed under foundations with sides perpendicular to the ground,
or with pier and beam construction, need not comply with this requirement.
(b)
No cut on any building site shall be greater than six feet (6'),
unless approved by the City Council, except for structural excavation.
(c)
All new drainage channels on the site shall be designed to minimize
potential erosion. All constructed and altered drainage channels shall
be stabilized and vegetated immediately after final grading.
(14)
Inspections.
(a)
Consent.
Any person or successor and assigns who has
filed a site development plan for approval pursuant to this article
agrees to allow entry on the tract or premises which are the subject
of such applications for the purpose of inspection of conditions during
the approval stage and during development and construction by duly
authorized inspectors of the City.
(b)
Costs.
Inspections mandated under this section shall
be at the applicant’s expense, or at the expense of the owner,
at the time the inspection is performed, in accordance with the fee
schedule adopted by the City Council.
(c)
Construction phase.
The City shall cause such inspection
to be made of the land or premises during development and construction
so as to assure full compliance with all terms, conditions, requirements,
and agreements to which the person obtaining approval of a site development
plan under this article is bound.
(d)
Notices.
The applicant shall designate one person or
legal entity, with a current address, to which any notice of noncompliance
shall be given pursuant to this section.
(15)
Expert Review of Site Plan Applications.
The applicant
shall reimburse the City within fifteen (15) business days of the
date of receipt of an invoice for actual expenses associated with
the third-party expert’s review of the application. Failure
by the applicant to make reimbursement pursuant to this section shall
abate the pending application until paid in full. The City may, at
its discretion, require a deposit by the applicant prior to the commencement
of the expert review.
(Ordinance adopted 11/10/20)
Divsion 1
In General
5.11-1
Findings, purpose and intent
(1)
The City of Blanco is situated in the Hill Country of Texas.
Landscaping shall be provided to maintain a rural character, provide
stability and enhance the visual and aesthetic image of the City of
Blanco.
(2)
The City Council finds that trees are important public resources
that contribute to the unique character of the city and its physical,
historical, cultural, aesthetic, ecological and economic environment.
Trees reduce the effects of pollutants, provide wildlife habitat,
shade and cooling, and add value to real property. It is the goal
of the City Council to secure these benefits by maintaining the urban
forest canopy over a significant area of the city.
(3)
This article is intended to prevent the indiscriminate cutting
of trees in advance of development, to require the consideration of
trees as a component of site design, and to allow for the commercially
reasonable development of private property subject to minimum standards
for the preservation and planting of trees. The provisions of this
article shall not be construed or applied to preclude development
or. Prohibit ingress or egress.
5.11-2
“Caliper”
“Critical root zone”
“Diameter at breast height or DBH”
“Director”
“Development”
“Hazard tree”
“Healthy tree”
“Heritage tree”
“Infrastructure”
“Manufacturing”
“Nonresidential property”
“Protected tree”
“Residential property”
“Understory”
“Warehousing”
“Woodland tree stand”
Definitions
refers to the trunk diameter of nursery stock trees planted
to satisfy a requirement of this article. Caliper is measured six
inches above the root ball for trees that are four Inches In diameter
or smaller, and twelve inches above the root ball for larger nursery
stock.
means the area within a radius extending out from the trunk
of a tree one foot per each diameter Inch of the trunk as measured
at breast height.
means the diameter of a tree trunk to the nearest inch measured
4.5 feet above ground level at the base of the tree. On sloping terrain
the measurement is made on the uphill side of the tree.
means the City Administrator, or the officer or employee
designated by the director to administer the provisions of this article.
means the process of ·altering the condition of land
by clearing, grading, construction or any activity that requires or
results in the removal of protected trees. The term includes but is
not limited to any action that requires a building permit.
means a tree determined by the Director that endangers the
public health, safety or welfare or that poses a threat of Injury
to persons or property, including other trees, by virtue of damage,
disease, insect infestation, instability or other injurious conditions.
means a tree that is free from significant stress, damage,
disease, insect infestation or other conditions that substantially
reduce the prospect of long-term viability. The tree shall have a
fair to well-developed crown and less that 20% deadwood.
means a tree of a species listed on the Texas Forest Service
list of native and naturalized trees of Texas that has a circumference
not less than 75% of the threshold circumference required for classification
as a “big tree”
means streets, sidewalks, drainage, water, sewer or other
public utility improvements.
means or refers to an activity within sectors 31-33 of the
North American Industry Classification System.
means property that is development for any purpose other
than one- or two-family residential use. The term includes property
developed for mufti-family residential use such as apartments, condominiums
or other similar forms.
means a tree that is six inches (6") or greater in DBH, or
a smaller tree minimum three inches (3") but less than six inches
(6") DBH that has been planted or preserved in conformity with a canopy
plan approved in connection with a permit issued under this article.
means property that is actually used for or is dedicated
or restricted to use for one- or two-family residential use. The term
does not include multifamily residential use such as apartments, condominiums
or other similar forms.
means the underlying layer of vegetation growing below the
forest canopy including smaller trees, saplings and native shrubs,
but not including grasses or other ground covering vegetation.
means an activity within subsector 419 of the North American
Industry Classification System. This definition specifically excluded
self-storage businesses that rent storage spaces or units to the public.
means an area of contiguous wooded vegetation covering at
least two thousand five hundred (2,500) square feet where trees are
at a density of at least one protected tree per five hundred (500)
square feet of land and where the branches and leaves form a canopy
over substantially all the area.
5.11-3
Applicability and exemptions
(1)
Except as otherwise provided by this section the requirements
of this article are applicable throughout the corporate limits of
the city and apply to all types of development or development activity
by both public and private entities, including but not limited to:
(a)
The removal of any protected tree;
(b)
Clearing of all or a portion of property;
(c)
Subdivision of land for any purpose,
(d)
Additions to nonresidential buildings or parking
lots that expand the footprint of the structure by thirty percent
(30%) or more, or that add at least three thousand (3,000) square
feet of area to the existing structure;
(e)
Construction of new nonresidential structures for
which a building permit is required; and
(f)
Construction of new one- or two-family residential
structures.
(2)
This article does not apply to:
(a)
Changes in the use or configuration of existing
nonresidential buildings or parking lots that does not expand the
structure beyond the limits provided in (a)(4) of this section;
(b)
Property located within the central business district;
(c)
Clearing, maintenance or tree trimming within an
easement or right-of-way by a utility company;
(d)
The construction of streets or highways by or on
behalf of a state or local government entity; and
(e)
The removal or trimming of trees or other vegetation
within or adjacent to street rights-of-way to conform to traffic safety
rules requiring unobstructed views.
5.11-4
Technical standards and specifications
The director is authorized to prepare technical standards and
specifications to ensure the proper implementation of the provisions
of this article. The technical standards and specifications may include
standards for tree preservation during construction, standards for
planting, irrigation, maintenance, replacement and other related matters.
When approved by the City Council such technical standards and specifications
shall be incorporated into this article by reference and shall have
the force of ordinance.
In the event of any conflict between the provisions of this
article and the provisions of the technical standards and specifications,
the provisions of this article shall control.
5.11-5
Permit required for removal of protected
tree
(1)
No person may cut down, harvest or remove any protected tree
unless authorized to do so under a permit issued as provided by this
article. Only the following permits may issue to authorize e removal
of a protected tree:
(2)
It is an exception to the requirement of this section that the
removed tree was a hazard tree and posed an imminent threat to the
safety of persons or property so that immediate removal was warranted.
(3)
It is an exception to the requirement of this section that the
tree was removed from a residential lot by or at the direction of
the homeowner residing on the property.
(4)
It is an exception to the requirement of this section that the
tree removed is a Hackberry, Mesquite or Ash Juniper.
5.11-6
Protected Tree Removal Permit
(1)
A protected tree removal permit may be issued to authorize the
removal of:
(a)
Any protected tree that is dead or dying;
(b)
Any protected tree that has become a hazard tree;
(c)
Any protected tree that obstructs the only practicable
means of ingress or egress to or from property; or
(d)
Any other protected tree located on previously
developed property provided that removal of the protected tree does
not reduce the tree canopy below the required minimum tree canopy
applicable to the property under section 5.11-11.
(2)
A protected tree removed from previously developed property
under a permit issued in accordance with this section must be replaced
elsewhere upon the property unless the minimum canopy requirements
of this article are satisfied without the necessity of replacement.
(3)
The director shall prescribe the form of application for a tree
removal permit. An application fee in the amount of $100,00 must accompany
each application.
Divsion 2
Tree Preservation and Development Planning
5.11-10
Preservation of Protected Trees in Preservation
Zones on Nonresidential Property
(1)
The following areas of all nonresidential tracts
or parcels are designated tree preservation zones:
(a)
A strip twenty-five (25) feet deep along the front
of the property, running parallel and adjacent to the rear line of
any easement or series of easements abutting the street right-of-way,
or adjacent to the right-of-way if there are no abutting easements;
and
(b)
A strip eighteen (18) feet deep along any side
street, running parallel and adjacent to the rear line of any easement
or series of easements abutting the street right-of-way, or adjacent
to the right-of-way if there are no abutting easements.
(2)
Where nonresidential property is developed adjacent
to existing one- or two-family residential developments, a preservation
zone is required along the common boundary. The preservation zone
adjacent to residential development shall be a strip not less that
eighteen (18) feet deep running parallel and adjacent to the common
boundary and not less than fifteen (15) feet deep behind the back
line of any easement or series of abutting parallel easements along
the common boundary.
(3)
Protected trees located within a preservation zone
are subject to mandatory preservation and no permit shall issue to
authorize the removal of any healthy protected tree except where the
removal is necessary for the construction of infrastructure, driveways
or on-premise advertising signs.
5.11-11
Minimum Tree Canopy Required for Development
(1)
All property developed for any purpose must meet
the minimum tree canopy requirements of this section. Where the canopy
of protected trees in preservation zones on nonresidential property
is insufficient to meet the required minimum, then additional canopy
shall be provided by new tree planting or the voluntary preservation
of protected trees in the interior of the property.
(3)
The minimum required tree canopy for residential
property development is 30% of the gross area of each section of a
subdivision developed for residential purposes. Not less than one-third
of the required canopy must be provided through preservation of existing
trees.
5.11-12
Parking Lot Trees
In the case of new parking lots or additions to existing parking
lots sixty (60) square feet of tree canopy must be preserved or planted
for each additional parking space. Parking lot trees must be located
in the interior of the parking lot or in an area immediately adjacent
to the parking lot. For parking lots of 250 spaces or more, at least
fifty percent (50%) of the parking lot canopy must be located within
the interior of the parking lot. Only trees of the preferred species
listed in section 5.11-17 may be used to satisfy the planting requirements
of this section and all such trees must be at least three-inch caliper
and a minimum of six (6) feet in height.
5.11-13
Required Buffering of Parking Lots
(1)
New parking lots shall be effectively buffered
from street view. Buffering shall consist of native shrubs planted
along each perimeter line of a parking lot which faces a public street,
exclusive of driveway entrances and pedestrian walkways.
(2)
Native shrubs shall be planted, maintained and
replaced as necessary to ensure compliance with the minimum number
applicable to each perimeter line based upon the following formula:
|
Required Native Shrubs = Perimeter in Feet/3
|
(3)
Native shrubs in the number required by this section
should be placed uniformly to provide substantially the same density
of ground cover along the entire perimeter line. Native shrubs shall
be maintained at a height of not more than 36 inches or less than
24 inches as measured from the surrounding soil line.
5.11-14
Pre-Development Planning Process
(1)
No development may occur unless the site of the
proposed work is covered by an approved tree preservation and landscape
plan. The location of all proposed buildings and improvements shall
be oriented by the applicant at the applicant’s sole discretion,
taking into consideration the existing tree stock and other relevant
characteristics of the site. The applicant must preserve protected
trees within the tree preservation zones and is encouraged to consider
the voluntary preservation of trees in other spaces visible from abutting
streets and public spaces.
(2)
Based on the applicant’s proposed site plan
a tree survey will initially be performed by the applicant to document
the tree canopy area resulting from preservation of protected trees
in preservation zones and other areas that are not disturbed by the
applicant’s plan of development. New tree stock shall be planted
where the required minimum canopy is not met through preservation
alone. Preservation credits shall be calculated prior to calculating
the canopy area to be supplemented by new tree stock.
5.11-15
Tree Survey Requirements
(1)
Each tree survey shall be performed by the applicant
and the results submitted on a scaled diagram of the property. The
diagram shall be at a scale of not less than one inch to one hundred
feet and may be an engineered drawing, survey, aerial photograph or
other accurate illustration of the existing conditions which includes
the following information:
(a)
An area map locating the property within the community;
(b)
The boundaries of the property and its calculated
areas;
(c)
The location of all existing streets, drainage
and utility easements that are on or adjacent to the property;
(d)
The location of the required tree preservation
zones on nonresidential property and the approximate location and
identification number of any healthy protected trees located within
such zones;
(e)
The approximate location and identification number
of each healthy protected tree that is to be preserved under the applicant’s
plan of development; and
(f)
Where the preservation of woodland tree stands
is defined by this article is proposed, the boundary and total area
of woodland tree stand.
(2)
Each protected tree that is individually located
by the survey will be tagged with a blue sequentially numbered aluminum
tag and flagged with blue plastic flagging. The tree survey submittals
must include a table cross referenced to the diagram with the identification
number, species, DBH and canopy area of each such tree. The table
must note each protected tree for which heritage credits will be claimed.
Only healthy trees will receive canopy credits.
(3)
The tree survey must be accompanied by a reasonably
current aerial photograph reflecting the pre-development condition
of the property.
5.11-16
Canopy Measurement
(1)
Tree stand delineation is the required method of
canopy measurement for trees within a woodland tree stand. The canopy
area of a woodland tree stand is the area within a perimeter that
contains all trees in the tree stand. The tree stand area may be surveyed
on the ground or estimated from an aerial photograph depicting existing
conditions. The city registered urban forest professional that performs
the tree survey must verify the character of the tree stand through
an on the ground inspection.
(2)
Individual protected trees not located within a
woodland tree stand are classified by trunk size (DBH) and receive
the canopy area credit applicable to their size classification as
provided in Table I. Only healthy trees of a species on the Texas
Forest Service list of native and naturalized trees of Texas, excluding
those classified as shrubs, may receive preservation credits.
|
Table I. Canopy Area Credits for Individual Trees
| |
|---|---|
|
Diameter at Breast Height
|
Canopy Credit
|
|
At least 6", but less than 12" DBH
|
600 square feet
|
|
At least 12", but less than 18" DBH
|
800 square feet
|
|
At least 18" DBH
|
1200 square feet
|
|
Heritage Tree
|
1800 square feet
|
5.11-17
New and Replacement Trees
(1)
Only trees of the preferred species listed in Table
II of this section are considered acceptable for new and replacement
tree planting. Additional tree species may be considered and approved
on a case by case basis by the director and such trees will receive
the canopy credit applicable to the species height class. New trees
must be a minimum of three inches in caliper at planting and receive
the canopy credit listed in Table II. Each new tree must be planted
in a previous [pervious] area containing not less than 162 square
feet per tree.
|
Table II. Preferred Species List
| ||
|---|---|---|
|
Tree Species and Height at Maturity
|
Leaf Type
|
Canopy Credit
|
|
A. Large - Over 40' tall
|
|
|
|
Texas Ash*
|
deciduous
|
600 square feet
|
|
Bald Cypress
|
deciduous
|
600 square feet
|
|
Cedar Elm*
|
deciduous
|
600 square feet
|
|
Maple*
|
deciduous
|
600 square feet
|
|
Bigtooth Maple*
|
deciduous
|
600 square feet
|
|
Oak*
|
deciduous
|
600 square feet
|
|
Oak, Bur*
|
deciduous
|
600 square feet
|
|
Oak, Chinquapin*
|
deciduous
|
600 square feet
|
|
Oak, Live*#
|
evergreen
|
600 square feet
|
|
Oak, Escarpment Live*
|
deciduous
|
600 square feet
|
|
Oak, Shumard*
|
deciduous
|
600 square feet
|
|
B. Medium - 25-40' tall
|
|
|
|
Mesquite Honey
|
deciduous
|
400 square feet
|
|
Oak, Lacey
|
deciduous
|
400 square feet
|
|
Oak, Texas Red
|
deciduous
|
400 square feet
|
|
C. Small - Less than 25'
|
|
|
|
Buckeye, Mexican Pwrl.
|
deciduous
|
150 square feet
|
|
Buckeye, Red Pwrl.
|
deciduous
|
150 square feet
|
|
Carolina, Buckthorn Pwrl.
|
deciduous
|
150 square feet
|
|
Desert Willow Pwrl.
|
deciduous
|
150 square feet
|
|
Eve’s Necklace Pwrl.
|
deciduous
|
150 square feet
|
|
Goldenball Pwrl.
|
deciduous
|
150 square feet
|
|
Holly, Possumhaw Pwrl.
|
deciduous
|
150 square feet
|
|
Hop Tree Pwrl.
|
deciduous
|
150 square feet
|
|
Kidneywood Pwrl.
|
deciduous
|
150 square feet
|
|
Mountain Laurel, Texas Pwrl.
|
deciduous
|
150 square feet
|
|
Persimmon, Texas Pwrl.
|
deciduous
|
150 square feet
|
|
Plum, Mexican Pwrl.
|
deciduous
|
150 square feet
|
|
Redbud, Mexican Pwrl.
|
deciduous
|
150 square feet
|
|
Redbud, Texas Pwrl.
|
deciduous
|
150 square feet
|
|
Silktassel, Mexican Pwrl.
|
deciduous
|
150 square feet
|
|
Sumac, Evergreen Pwrl.
|
deciduous
|
150 square feet
|
|
Viburnum, Sandankwa Pwrl.
|
deciduous
|
150 square feet
|
|
*Denotes required species suitable for residential planting
|
|
#Residential planting credit for Live Oaks shall be limited
to one tree per lot
|
|
Pwrl. denotes trees only suitable for planting under or adjacent
to power lines
|
(2)
Not less than fifty percent (50%) of the new trees
planted shall be evergreen and not more than seventy-five percent
(75%) may be of the large tree category.
(3)
Only small trees may be planted under or near overhead
power lines. Large species trees may not be planted within thirty
feet (30') of overhead power lines. Medium species trees may not be
planted within twenty feet (20') of overhead power lines.
5.11-18
Understory Credits
(1)
Woodland tree stand areas with preserved understory
shall be entitled to a canopy credit for understory preservation that
is equal to one-half of the understory area.
(2)
For purposes of achieving the required minimum
coverage, the canopy attributable to woodland tree stands and preserved
trees shall be determined first, then adjusted based on any credits
applicable under this article. New planting shall be used to supplement
the preserved canopy to achieve the required minimum. Trees preserved
or planted to meet the parking lot requirement of section 5.11-12
will be fully credited towards the required canopy.
5.11-19
Tree Preservation and Landscape Plan
(1)
The tree preservation and landscape plan shall
be a scaled diagram overlaying the approved tree survey and drawn
to the same scale. Two copies of the plan shall be provided. The landscape
plan shall be a plat plan which shows the proposed development including
all necessary calculations, specifications and details necessary for
preservations of existing trees during construction and for the installation
of any new trees or other required landscape improvements required
by this article. The landscape plan must be prepared, signed, and
sealed by a licensed landscape architect. The tree preservation and
landscape plan must show the following:
(a)
The location and identification number of each
protected tree to be removed from a preservation zone to accommodate
utility improvements, sidewalks, driveways or signs;
(b)
The proposed location of all new utility easements
necessary to serve the property;
(c)
The footprint of all proposed buildings, parking
lots and detention ponds;
(d)
The outline of each woodland tree stands to be
preserved; ·
(e)
The location of each additional protected tree
that will be preserved; and
(f)
The location of each tree to be planted to achieve
the required minimum canopy.
(2)
The landscape and tree preservation plan must include
or be accompanied by an irrigation plan designed and sealed by an
irrigator licensed by the State of Texas. No irrigation shall be required
for undisturbed natural areas or for existing trees to be preserved.
(3)
Where supplemental tree planting is required priority
shall be given to planting within preservation zones adjacent to streets
and other areas visible from public places. Trees may be planted or
preserved within storm water detention areas provided that the trees
do not interfere with the drainage or substantially impair the storm
water detention function.
(4)
A tree preservation and landscape plan may only
be approved in conjunction with the approval or issuance of a subdivision
plat, building permit or other form of development permit. Compliance
with the tree preservation and landscape plan is a condition of the
development permit and no certificate of occupancy or certificate
of acceptance for subdivision improvements may be issued until the
director confirms that the development has been completed in conformity
with the tree preservation and landscape plan.
5.11-20
Accommodation of Development Standards
(1)
The City Council recognizes that in certain instances
the goal of this article must be balanced against potentially conflicting
objectives arising from other development regulations. The director
may modify or waive the application of development standards as provided
in this section when the director determines that the modification
will facilitate the tree preservation requirement of this article
and will not substantially increase the risk of unsafe traffic conditions
or congestion, inconvenience to pedestrians, or flooding.
(2)
Up to fifteen percent (15%) of required parking
spaces may be waived if compliance with the canopy requirements cannot
otherwise be achieved through preservation and if the reduction in
parking area results in an equivalent increase in the area of preserved
canopy.
(3)
Sidewalks may be relocated, reduced in width or
otherwise modified, where the application of sidewalk standards would
otherwise conflict with tree preservation and canopy objectives.
(4)
The director may consider the effect on site drainage
of low impact development strategies incorporating tree preservation
and tree planting and, guided by generally accepted engineering standards
and practices, may approve offsetting reductions to the size of onsite
storm water detention facilities.
5.11-21
Protection of Critical Root Zone During
Construction
(1)
Not more than thirty percent (30%) of the area
within the critical root zone of a protected tree may be encroached
with temporary or permanent improvements and the remaining area shall
be kept free of improvements and be protected during construction.
Prior to development activities the contractor shall construct a protective
fence which encircles the critical root zone area to be preserved
around each protected tree or tree stand. Protective fencing must
at a minimum consist of four (4) feet high orange plastic mesh net
with t-posts, including a top rail or other type of support. Protective
fencing shall remain in place through the completion of development
activities.
(2)
The following activities within the critical root
zone are prohibited:
(a)
The zone shall be maintained at natural grade and
no cutting, filling, trenching or other disturbance of the soil is
permitted unless otherwise authorized by this article;
(b)
No construction or waste materials shall be placed
or stored within the zone;
(c)
No harmful liquids shall be allowed to flow into
the zone, including without limitation, vehicle or equipment wash
water, paint, oil, solvents, asphalt, concrete, mortar or other materials;
(d)
No vehicle or equipment traffic or parking shall
be allowed within the zone; and
(e)
No signs, wires or other attachments, other than
those of a protective nature, shall be attached to any protected tree.
(3)
Utility installation through a critical root zone
may be accomplished by boring where it is not possible to trench around
the critical root zone of a protected tree. When necessary the bore
shall be at a minimum depth of forty-eight (48) inches under the entire
length of the zone. Irrigation trenching within a critical root zone
shall be minimized and placed radially to the tree trunk in a manner
that minimizes damage to the roots.
(4)
All irrigation trenching within the critical root
zone shall be by hand work with no roots over one-inch diameter being
cut.
5.11-22
Post Development Maintenance and Replacement
(1)
Protected trees, parking lot trees and shrubs,
and replacement or mitigation trees must be maintained in a healthy
condition for at least thirty-six (36) months following the issue
of a certificate of occupancy. The property owner is responsible for
irrigating, fertilizing, pruning and other maintenance of such trees
and shrubs as needed. Preserved or planted trees that die within the
maintenance period must be replaced within 90 days with new trees
meeting the requirements of Section 5.11-17. Planted trees that die
during the maintenance period must be replaced on a one to one basis.
Preserved trees that die during the maintenance period must be replaced
with new trees having a total canopy value that is not less than the
canopy of the tree to be replaced. Replacement trees and shrubs planted
to satisfy the requirements of this section are subject to a one-year
maintenance period and must be replaced if they fail to survive the
extended maintenance period.
(2)
Understory preserved for canopy credits may not
be removed during the maintenance period unless the removal is mitigated
by planting new trees with an equivalent canopy area. Understory removal
must be accomplished in a manner that avoids damage to protected trees.
Acceptable techniques for understory removal include the use of hand
tools, hydro axe or hydro chippers.
5.11-23
Additional requirements for residential
development.
(1)
Each building permit for a new one- or two-family
dwelling shall require the preservation or planting of at least three
trees. At least one such tree must be located in the front yard of
the dwelling and must have a minimum caliper of four inches. The two
remaining trees must have a, minimum caliper of three inches and may
be placed in either the front or rear of the lot. The trees must be
one of the preferred species suitable for residential development
listed in Section 5.11-17. No certificate of occupancy shall issue
for any new one- or two-family dwelling until this requirement has
been satisfied.
(2)
A canopy credit of 1800 square feet per lot shall
be applied toward the total canopy requirement applicable to the subdivision
section without requiring a survey of the trees located oil each lot.
Additional canopy credit for on lot preservation shall not be allowed
unless the total on lot canopy exceeds 1800 square feet due to the
preservation of healthy protected trees having a minimum diameter
at breast height of six inches and the protected trees are included
in the tree survey and shown on the landscape and tree preservation
plan. Protected trees that are preserved for additional on lot credit
must be protected from removal by a preservation easement.
(3)
Where canopy credit in excess of that allowed under
(b) of this section is required to achieve the required minimum, then
off lot preservation and planting within the same subdivision section
shall be require d. Proposed preservation areas should, to the extent
practical, be evenly distributed throughout the subdivision.
Divsion 3
Administration and Enforcement
5.11-30
Urban Forest Professionals
(1)
Urban forest professionals wishing to perform tree
surveys in accordance with this article must register with the City
of Blanco. The director shall review the applicant’s credentials
and either approve or deny the registration.
(2)
Each applicant must complete a registration application.
The application shall be submitted to the director for review, accompanied
by the fee of $100.00. Each applicant must successfully show proof
of the following:
(a)
Applicant has a Bachelor of Science degree in Urban
Forestry, Landscape Architecture, Horticulture or a closely related
field;
(b)
Applicant has a minimum of one year of experience
in tree surveys and evaluations;
(c)
Applicant has a working knowledge of trees in the
southeast Texas region and is able to perform tree surveys and evaluations
in accordance with the provisions of this article;
(d)
Applicant has the ability to create a computer
aided tree survey/evaluation;
(e)
Applicant must carry a minimum of $500,000 general
liability insurance;
(f)
Applicant must provide three professional references
to attest to the applicant’s ability and character; and
(g)
Applicant agrees and authorizes a criminal background
history of the applicant.
(3)
Within thirty (30) working days of receipt of a
completed registration application, the director shall either approve
or deny the registration. An approved registration shall be valid
for an indefinite term unless suspended or revoked by the director.
A registration shall automatically be suspended if the registrant
fails to maintain the minimum liability insurance required by this
section. A registration may be revoked if the registrant commits and
is convicted of a felony offense; the registrant is found to have
falsified any information that was submitted to the city for review;
the registrant is found to be incapable of performing/creating the
tree survey required by this article. A minimum of fifteen (15) working
days prior to revocation of a registration, the director shall inform
the registrant in writing stating the reason for the revocation. Any
appeal to the director’s decision shall be made to planning
commission.
5.11-31
Variance Procedure
(1)
The director may grant a variance to the requirements
of this article where literal enforcement will result in unnecessary
hardship. No variance may be granted unless:
(a)
The variance is not contrary to public interest;
(b)
The variance will be in harmony with the spirit
and purpose of this article;
(c)
The variance will not substantially weaken the
general purposes of the regulations herein established for the protection
of trees and the promotion of canopy; and
(d)
The variance granted is limited in scope to that
relief which is necessary to relieve the hardship condition.
(2)
All variance requests must be made in writing to
the director and must include the subject of the requested variance
and the justification for granting the variance, including a description
of the hardship condition that will result if the requested relief
is not granted. The applicant has the burden of demonstrating that
sufficient evidence exists for granting the variance. The director
may deny or grant the variance as requested or may allow an alternate
form of relief. The director shall issue a decision in writing not
later than thirty (30) days following the date the variance request
is received.
(3)
An applicant seeking approval for the development
of a tract of land that is two (2) acres in size or less shall, as
a matter of right, be entitled to a variance relieving the applicant
of the preservation requirements of this article. Tract size shall
be determined by considering all contiguous property under common
ownership. An applicant entitled to a variance of the preservation
requirement may be required to comply with the minimum canopy standard
through any combination of new tree planting or mitigation payments.
(4)
An applicant who disputes the decision of the director
may appeal the variance decision to the municipal planning commission.
Any appeal must be made in writing and must be filed with the director
within ten (10) days following the date of the initial written decision.
The director shall refer the appeal to the planning commission and
the decision of the planning commission shall be final.
5.11-32
Mitigation Payments in Lieu of Preservation
or Planting
(1)
An applicant may see k a variance as to all or
a portion of the tree preservation or planting requirements upon the
condition that the applicant pay mitigation fees-in-lieu of preservation
or planting. An applicant for a variance bears the burden of demonstrating
that application of the preservation or planting requirement will
result in unnecessary hardship.
(2)
Mitigation fees authorized by this section shall
be payable at the rate of $1.50 per square foot of additional canopy
necessary to achieve the coverage applicable to the property after
allowance for all other credits.
5.11-33
Tree Mitigation Fund
(1)
The director of finance shall establish a dedicated
account to be known as the Tree Mitigation Fun d. Mitigation fees
paid as provided by section 5.11-32 of this article shall be recorded
for the benefit of the fund and accounted for in a manner that distinguishes
such funds from other general funds of the city. The balance of such
fund remaining at the end of each fiscal year shall be appropriated
as the beginning balance of the fund for the following fiscal year.
The assets of the fund may be used as provided by this section, and
for no other purpose.
(2)
The assets of the fund shall be expended under
the direction of the director of parks and recreation and may be used
to purchase and plant new trees in the public parks, parkways, medians
and rights-of-way of public streets and upon the grounds of other
public property of the city. Planting costs payable from the fund
include the installation of related irrigation equipment and other
measures necessary to the protection and subsequent maintenance of
new trees for a period of up to three years following planting. An
amount not to exceed 20% of the fund balance at the beginning of each
fiscal year may be expended to promote public awareness of the objectives
of this article, including Earth Day or Arbor Day programs for the
distribution of sapling trees to the general public.
5.11-34
Penalties for Violation
(1)
Any person, firm or corporation who violates a
provision of this article shall be guilty of a misdemeanor and upon
conviction thereof may be fined in any amount not exceeding five hundred
dollars ($500). In cases of offences involving the illegal removal
of trees, the removal [of] each tree constitutes a separate offense.
In cases of continuing violation, each separate day that a violation
continues constitutes a separate offense.
(2)
Any person, firm or corporation who removes a protected
tree without having secured a permit to authorize such removal shall
be subject to a civil penalty in the amount of two hundred dollars
($200) times the total diameter inches of all unlawfully removed protected
trees. The civil penalty authorized by this paragraph may be imposed
by the director in addition to the misdemeanor penalty in paragraph
(a) of this section. The imposition of a civil penalty may be appealed
to the municipal planning commission. Any appeal must be made in writing
and must be filed with the director within ten (10) days following
the date of the initial written decision. The director shall refer
the appeal to the planning commission and the decision of the planning
commission shall be final.
(3)
Where illegal tree removal has occurred, and the
physical evidence has been removed from the site the civil penalty
may be assessed based on the estimated diameter of removed trees.
For purposes of such estimation the aggregate diameter of trees per
acre is assumed to be 200 diameter inches per acre.
(4)
The imposition of the civil penalty under this
section suspends all permits or permit applications issued to or for
the benefit of the party responsible for payment of the civil penalty
and all work under any such permits shall cease until the civil penalty
is fully paid.
5.11-35
Address Oak Wilt Disease and its Prevention
(1)
Purpose and Scope.
The purpose of
the oak wilt prevention ordinance is to identify measures that city
staff, hired contractors and their sub-contractors and property owners
who remove, or trim trees shall take to prevent the spread of oak
wilt.
(2)
Definition.
Oak wilt disease is a
tree disease caused by the fungus, Ceratocystis fagacearum. The fungus
infects the vascular system of a tree. The vascular system contains
vessels which transport moisture throughout the tree. The vessels
of an infected tree effectively become blocked by the infection of
the fungus and cannot transport adequate moisture to sustain a healthy
or living tree and the end result is often the death of the tree.
(3)
Prevention Policy.
(a)
Anyone causing a wound to an oak tree, whether
from ground maintenance equipment, trimming, cutting or pruning at
any time of the year shall paint the wounded tree with permanent sealant
or non-phytotoxic tree wound dressing within thirty (30) minutes to
prevent contact with contaminated nitidulid beetles. Any wound to
an oak tree caused by weather conditions, such as a windstorm, is
also to be painted with permanent sealant or non-phytotoxic tree wound
dressing as soon as possible after a weather incident.
(b)
Any person who discovers or suspects the presence
of oak wilt should report the infected oak tree to the community development
department to be examined by a member of the Texas Forest Service
for proper diagnosis and subsequent care.
(c)
Whenever possible, persons should avoid trimming
or pruning live oaks and red oaks (Spanish, Shumard, Texas Red and
Blackjack oaks) from March 1 to June 1.
(d)
An annual permit with proof of liability insurance
and two (2) hours of professional training is required for commercial
contractors providing tree cutting or pruning services.
(4)
Disposal [of] oak trees.
(a)
Red oak tree disposal.
Removal or
disposal of red oaks with oak wilt disease must be taken more seriously
because they can form highly contagious fungal mats. Their quick and
proper disposal is important and necessary to prevent other oaks from
being exposed or infected.
If a red oak tree is diagnosed with oak wilt, the diseased red
oak tree shall be promptly removed and disposed as recommended by
the Texas Forest Service.
(b)
Other oaks do not-require special disposal (i.e.
live oaks and white oaks).
(5)
Education and management program.
(a)
The tree advisory board (TAB) is directed to implement,
as resources permit, measures aimed at ·education and prevention
of oak wilt.
(b)
The tree advisory board shall use the “Eight
Step Program to Oak Wilt Management” by the Texas Forest Service
to promote oak wilt prevention.
(c)
The code enforcement officer shall be responsible
for enforcement of this article and for checking all trees trimming
and/or cutting performed in the city.
(Ordinance adopted 11/10/20)
(1)
Title.
This Section shall be known as the "Outdoor
Lighting Ordinance."
(2)
Purpose.
A dark night sky is a natural asset and
an important element of Blanco's appeal as a pleasant, rural
community in which to live, do business, and visit. The ability to
view celestial objects and the ability to live free from objectionable
forms of outdoor lighting have profound social, ecological, aesthetic,
economic, and health benefits for the citizens of Blanco and the surrounding
area. It is the City's policy to protect and preserve the night
sky for the benefit of its current and future citizens, businesses,
organizations, and visitors. The outdoor lighting regulations established
in this Ordinance have been adopted in order to:
(a)
Help preserve the rural character within the City's jurisdiction
by minimizing the growth of urban sky glow and encouraging the abatement
thereof;
(b)
Ensure outdoor lighting within the City's jurisdiction
does not unduly interfere with the reasonable use and enjoyment of
private and public property by minimizing annoying light trespass
as defined herein;
(c)
Encourage the use of outdoor lighting which will preserve the
natural environment, minimize glare, increase nighttime safety and
security, and conserve energy.
(3)
Background.
Blanco's first Outdoor Lighting
Ordinance came into effect on February 14, 2006. All outdoor lighting
existing in the City Limits at that time was "grandfathered" into
perpetuity, i.e., was allowed to remain in place until it was modified
or replaced in which case it would have to conform to the Ordinance
as enacted. All outdoor lighting fixtures installed on or after February
14, 2006, with minimal exceptions, had to comply with the Outdoor
Lighting Ordinance. In the interim period few, if any, "grandfathered"
fixtures were ever voluntarily brought into compliance.
A complete revision of the 2006 Blanco Outdoor Lighting Ordinance
was adopted by the Blanco City Council on October 18, 2018.
(4)
Jurisdiction and Scope.
This Section applies to
outdoor lighting on all properties within the City Limits and, in
accordance with Texas Local Government Code 216.902, to the lighting
of all signage within the Extraterritorial Jurisdiction (ETJ) of the
City of Blanco. Nothing herein shall be construed as preventing or
limiting the City from applying this Section to the ETJ through agreements
with property owners, or as a term affixed to a conditional approval
(such as a variance).
(5)
Accent Lighting:
Amortization.
B-U-G Rating.
Barn Light-style Fixture:
Bulb.
Canopy.
Correlated Color Temperature (CCT):
Diffuser.
Drop Lens or Sag Lens Fixture.
Electronic Pricing Sign.
Extraterritorial Jurisdiction (ETJ):
Festoon or Bistro-type String Lights:
Fixture.
Floodlight.
Fully-Shielded Fixtures.
Glare:
Gooseneck Fixture.
Grandfathering Provision.
Grandfathering with Sunset Provision.
Incandescent Bulb.
Initial Lumens.
Lamp.
LED:
Light Pollution:
Light String:
Light Trespass:
Lighting.
Logo.
Low Voltage Lighting.
Lumen:
Lumens per Net Acre.
Luminaire.
Motion Sensor.
Net Acre.
Nonconforming Lighting.
Nuisance.
Outdoor Lighting:
Rebuttable Presumption.
Refractive Lens Cover.
Reverse Channel Signage.
Rope Lights:
Sconce.
Sky Glow:
Specular Reflector.
Spotlight:
Uplighting.
Wall Pack Fixtures:
Definitions.
Words and phrases used in this Section
shall have the meanings as set forth in this section. Words and phrases
not defined herein shall be attributed their common, ordinary meaning
unless the context clearly requires otherwise. The word "shall" denote
a mandatory statement. Headings and captions are for reference purposes
only.
Lighting used to emphasize or draw attention to a special
object or building.
The process of allocating the cost of an asset over a period
of time.
A luminaire classification system with ratings for backlight
(B), uplight (U), and glare (G)
Fixtures, usually with a mercury vapor lamp, that have a
round, plastic, translucent lens that refracts and scatters the light,
often allowing the source of the light to be seen off-premises to
constitute light trespass and light emissions to escape above the
horizontal plane to pollute the night sky.
A light emitting device containing a light source.
A covered, unconditioned structure with at least one side
open for vehicular and/or pedestrian access. (An unconditioned structure
is one that may be open to the elements and has no heat or air conditioning.)
A measure in degrees Kelvin (°K) of light's warmness
or coolness. Lamps with a CCT of less than 3,000 degrees Kelvin are
yellowish or pinkish and considered "warm." Lamps with a CCT greater
than 4,000 degrees Kelvin are bluish-white and considered "cool."
The American Medical Association has recommended that outdoor lighting
be 3,000 degrees Kelvin or less, preferably 2,700 degrees or less.
The U.S. Federal Trade Commission (FTC) requires that all new lighting
with a medium screw base (typical of household lighting) sold in the
U.S. must indicate on the packaging the Kelvin temperature of the
light produced by the lighting element. The U.S. Department of Energy
(DOE) encourages voluntary labeling for other types of lighting. In
the absence of labeling, CCT information may be obtained from the
manufacturer.
A translucent enclosure which surrounds or covers a light
source, and through which can be seen no semblance of the image of
the light source.
A fixture, typically seen on older street lights or parking
lot lights, where the lens extends below the lowest opaque part of
the fixture such that light is scattered above the horizontal plane.
A display, typically seen at service stations, consisting
of LEDs or other light emitters that indicates the current price of
a product.
The unincorporated area that is contiguous to the corporate
boundaries of the municipality and, in the case of a municipality
with fewer than 5,000 inhabitants, is located within one-half mile
of those boundaries.
Low-output lamps consisting of small individual bulbs, often
globular in shape, on a string; may have bulbs of clear or colored
glass; the filament may or may not be visible.
An outdoor lighting assembly containing one or more lamps
and including any lenses, reflectors, and/or shields designed to direct
the light onto a surface or at a point in space. (see also "Luminaire")
A fixture and/or illuminating element designed to emit light
over a broad area.
Fixtures, as installed, that are designed or shielded in
such a manner that all light rays emitted by the fixture, either directly
from the lamps or indirectly from the fixture, are projected below
a horizontal plane running through the lowest point on the fixture
where the light is emitted.
Light, entering the eye directly from the source of an illumination
or indirectly from reflective surfaces, that causes a person of average
sensibilities visual discomfort or reduced visibility. Excessive glare
can be a negative safety factor, particularly for older people and
the visually-impaired.
A lighting fixture of many styles, typically with a long,
curved metal tube connecting the illuminating element with the building
or other structure and supporting a deep enclosure in which the illuminating
element can be mounted such that no part of the element extends beyond
the bottom of the enclosure. Gooseneck fixtures are somewhat nostalgic
and reminiscent of times past. The City of Blanco encourages the use
of gooseneck outdoor lighting fixtures as they are both night sky-friendly
and support the City's efforts to retain its rural, small town
ambiance.
A provision of the ordinance that exempts from the ordinance
lighting fixtures in place and operating on the date of adoption of
the ordinance.
A provision of the ordinance that establishes a time limit
for grandfathering exemptions after which the fixtures must be in
compliance with the ordinance.
A traditional source of illumination consisting of a transparent
or translucent glass housing containing a wire filament that emits
light when heated by electricity.
The manufacturer-specified number of lumens of light generated
by a lamp at the beginning of its service lifetime, not accounting
for losses associated with lamp age.
A light-emitting device or structure containing a light source.
This includes but is not limited to a bulb, a tube, or an LED array.
Light Emitting Diode.
Any adverse effect of artificial light including, but not
limited to sky glow, light trespass, and glare. Light pollution washes
out starlight in the night sky, disrupts ecosystems, wastes energy,
compromises citizen safety and security, and is documented to have
adverse effects on human health.
Any number of bulbs, LEDs, or other light emitters connected
with wire in a linear or two-dimensional array, not contained within
the structure of a fixture, used for either illumination or decoration,
and supported in any manner. (see also "Rope Lights")
Light that falls beyond the property that it is intended
to illuminate. If the source of the illumination, usually a light
bulb, is visible beyond the property boundary, light trespass has
occurred. The City of Blanco considers light trespass to be a nuisance
in the legal sense of the term.
Any source of light that does not include natural light emitted
from celestial objects, fire, or other natural forms of illumination.
The term includes any type of lighting, fixed or movable, designed
or used for outdoor illumination of buildings or homes, including
lighting for billboards, streetlights, canopies, gasoline station
islands, searchlights used for advertising purposes, externally or
internally illuminated on- or off-premises advertising signs, and
area-type lighting. The term includes luminous elements or lighting
attached to structures, poles, the earth, or any other location.
A representation or symbol adopted by a business, organization,
or individual intended to promote instant public recognition.
Landscape lighting typically uses luminaries having a rated
initial lumen output of 540 lumens or less.
The unit of measurement (often abbreviated "lm") used to
quantify the amount of light produced by a bulb or emitted from a
fixture (as distinct from "watt," a measure of power consumption).
A "lumen" is to light as a "gallon" is to gasoline, i.e., it is a
measure of quantity. An incandescent bulb typically produces 10–17
lumens per watt; a Compact Florescent Light (CFL) bulb typically produces
40–70 lumens per watt. Light Emitting Diode (LED) fixtures typically
produce far more lumens per watt. The U.S. Federal Trade Commission
(FTC) requires that all new lighting with a medium screw base (typical
of household lighting) sold in the U.S. must indicate on the packaging
the number of lumens produced by the lighting element. The U.S. Department
of Energy (DOE) encourages voluntary labeling for other types of lighting.
In the absence of labeling, lumen information may be obtained from
the manufacturer.
The total number of initial lumens produced by all lamps
utilized in outdoor lighting on a property divided by the number of
net acres or parts of a net acre with outdoor illumination on the
property.
The complete lighting unit (fixture), consisting of a lamp,
or lamp and ballast(s) (when applicable), together with the parts
designed to distribute the light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
An electronic device to control outdoor lighting such that
lights are operating only when a moving object is or recently has
been present.
A piece of land measured in acres exclusive of rights-of-way,
waterways, drainage areas, or other nondevelopable areas.
Outdoor lighting fixtures that do not conform to the requirements
of this Section after the date of its adoption.
Any condition that substantially interferes with the use
and enjoyment of property by causing unreasonable discomfort or annoyance
to persons of ordinary sensibilities.
Temporary or permanent lighting that is installed, located,
or used in such a manner as to cause light rays to shine outdoors.
Except as exempted herein, Nonresidential lighting fixtures that are
installed indoors that cause light to shine outdoors are considered
outdoor lighting for the purposes of this Section.
A presumption that is taken to be true unless someone comes
forward to contest it and prove otherwise.
A plastic or glass cover on an outdoor lighting fixture that
scatters light away from the fixture.
Signage consisting of opaque letters and/or symbols typically
mounted several inches in front of an opaque surface such as a wall
and illuminated by LEDs, bulbs or other light emitters embedded within
the letters or symbols themselves such that the letters and symbols
stand out in front of the reflected light.
Any number of bulbs, LEDs, or other light emitters connected
with wire in a linear or two-dimensional array, wholly enclosed in
plastic covering and used for either illumination or decoration. (see
also "Light Strings")
A type of light fixture, usually decorative, that is attached
to a wall in such a way that it uses only the wall for support,
The brightening of the nighttime sky that results from scattering
and reflection of artificial light by moisture and dust particles
in the atmosphere. Sky glow is caused by light escaping above the
horizontal plane to the detriment of the night sky.
A reflector that has a mirror-like surface that reflects
an image (no matter how imperfect or distorted) of a light source.
A fixture designed to light only a small, well-defined area.
Lighting that is directed in such a manner as to project
light rays above the horizontal plane running through the lowest point
of the fixture where light is emitted.
Fixtures of a variety of styles that commonly are attached
to the exterior wall of a building or other structure and flood an
area with light.
(6)
Applicability:
(a)
Applicability within the City Limits.
In accordance
with the authority granted the City under Texas Local Government Code
Sections 51.012, 217.002, and 217.022, all outdoor lighting fixtures
installed on private and public property within the City Limits shall
be required to comply with this Section with exceptions as noted herein.
i.
"Grandfathering with Sunset" provision within the City Limits.
1.
Grandfathering for Nonresidential Outdoor Lighting.
All existing outdoor lighting that was legally installed and operating
on Nonresidential property but was not in conformance with this Section
on October 18, 2018 were to have been brought into conformance with
this Section within twenty-four (24) months from October 18, 2018
except as follows.[:]
a.
Amortization Extension.
Owners of Nonresidential
outdoor lighting fixtures to include internally and externally-illuminated
outdoor signage, upon request, shall have up to ten (10) years from
the date the fixture or sign was placed into service to come into
compliance provided the fixture was compliant with existing City ordinances
when it was installed and the date the fixture or sign was put into
service can be documented via receipts, date stamped photographs,
etc. or, at the prerogative of the Community Compliance Officer, corroborative
written statements, in which case the maximum effective date for noncompliance
shall be the date the fixture or sign was put into service plus ten
(10) years.
i.
Amortization extension shall be on a per fixture
or per sign basis with the following requirements:
ii.
However, notwithstanding any amortization extension,
whenever bulbs or other lighting elements require replacement in the
fixture or sign, during the amortization period the replacement bulbs
or lighting elements shall comply with all other provisions of this
ordinance, e.g., replacement bulbs or lighting elements shall have
a Correlated Color Temperature not to exceed 2700 degrees Kelvin.
b.
Blanco ISD.
Outdoor lighting installed and operating
on tracks, playing fields, and tennis courts owned or operated by
the Blanco Independent School District (BISD) as of the date of adoption
of this Section are exempt from its provisions.
c.
Development Applications.
All existing outdoor
lighting located on a subject property that is part of an application
for a special use permit, subdivision approval, or a building permit
for improvements totaling at least fifty percent (50%) of the total
value of the current structure shall be brought into compliance with
this Section before final inspection, issuance of a certificate of
occupancy, or final plat recordation, whichever is applicable. All
existing outdoor lighting located on a subject property that is part
of an application for other permits issued by the city, such as a
site development permit, a sign permit for an externally or internally-illuminated
outdoor sign, the initial food establishment permit, and an on-site
sewage facility permit, shall be brought into compliance with this
Section within 90 days from the date such permit is issued. A property
owner may apply for a variance for nonconforming lighting on the subject
property.
2.
Grandfathering for Residential Outdoor Lighting.
All existing outdoor lighting that was legally installed and operating
on residential property but was not in compliance with this Section
on October 18, 2018 were to have been brought into conformance with
this Section within twenty-four (24) months from October 18, 2018.
a.
Amortization Extension.
Property owners may request
an amortization extension of up to ten (10) years from the date a
fixture was installed provided that the fixture was compliant with
existing City ordinances at the time it was installed, and that date
of installation can be substantiated via documents, date stamped photographs,
etc. or, at the prerogative of the Community Compliance Officer, corroborative
written statements in which case the maximum effective date for noncompliance
shall be the date the fixture was installed plus ten (10) years.
ii.
However, notwithstanding any amortization extension,
whenever bulbs or other lighting elements require replacement in the
fixture or sign, the replacement bulbs or lighting elements shall
comply with all other provisions of this ordinance, e.g., replacement
bulbs or lighting elements shall have a Correlated Color Temperature
not to exceed 2700 degrees Kelvin.
3.
Change of Ownership.
Notwithstanding any other
provision of this Section, all existing outdoor lighting on Nonresidential
property in the City Limits that was legally installed and operating
but was not in conformance with this Section on October 18, 2018 and
subsequently has a change of legal ownership as recorded by Blanco
County taxing authorities shall be brought into conformance with this
Section within twelve (12) months from the date of the change of ownership.
4.
Resumption of Use after Abandonment.
If a property
within the City Limits with nonconforming outdoor lighting is abandoned
or otherwise taken out of service for a period of six (6) months or
more, a rebuttable presumption is made that the owner of the property
intends to abandon it. All lighting on said property shall be brought
into compliance with this Section before any further use of the property
may occur.
5.
Destruction.
If more than fifty percent (50%)
of the total appraised value of a structure (as determined by the
Blanco County Appraisal District) is destroyed by fire, wind[,] storm,
flood, or other calamity or intentionally destroyed by the owner of
the property, any remaining nonconforming outdoor lighting fixtures
on or associated with the structure shall be removed if the structure
is to be rebuilt and replaced by new fixtures that are in conformity
with the provisions of this Section.
6.
Fixture Updates.
The replacement, repair, renovation,
or relocation of an existing lighting fixture or modification of a
nonconforming fixture on residential and Nonresidential properties
in the City Limits after the date of adoption of this Section shall
be subject to the provisions of this Section. Merely changing a light
bulb or other light emitting device inside the fixture shall not be
considered a fixture update.
7.
Residential Addition or Remodel.
Nothing herein
shall be construed to terminate a residential property's permitted
nonconforming status as a result of an addition or remodel. Fixtures
on such additions or remodels, however, shall be in compliance with
the provisions of this Section.
8.
Building and Signage Permits.
In order to ensure
compliance with this Section, a description of all outdoor lighting
fixtures and their planned locations, to include specification sheets
and an attestation by the builder and/or owner that all outdoor lighting
fixtures on the property will be in compliance with the requirements
of this Section, shall be included with the applications for all building
and signage permits for projects in the City Limits. Specification
sheets for outdoor lighting fixtures for both residential and Nonresidential
properties shall include, at a minimum: the manufacturer, model number,
and number of lumens produced by each fixture, and the Kelvin temperature
of the light produced. Additionally, notation shall be included of
the total number of lumens produced by all outdoor lighting fixtures
on the property, the size of the property, and the calculated number
of lumens per net acre.
(b)
Applicability within the City's Extraterritorial Jurisdiction
(ETJ).
i.
Voluntary compliance with the requirements of this Section is
encouraged for improvements and developments within the City's
ETJ in order to preclude light trespass from the ETJ into the City
Limits, to prevent light pollution and skyglow above the City, and
to preserve the rural and historic character of the City and its environs.
ii.
Nothing herein shall be construed as preventing or limiting
the City from applying this Section to the ETJ through agreements
with property owners, or as a term affixed to a conditional approval
(such as a variance).
iii.
Signage in the ETJ.
In accordance with the authority
granted the City under Texas Local Government Code Sections 216.902(a),
Regulation of Outdoor Signs in Municipality's Extraterritorial
Jurisdiction, compliance with the requirements of this Section in
the ETJ is mandatory in regard to lighting of signage.
1.
"Grandfathering with Sunset" provisions for Nonresidential Outdoor
Lighting of Signage in the ETJ. All existing outdoor lighting of signage
that was legally installed and operating on Nonresidential property
in the ETJ but was not in compliance with this Section on October
18, 2018 was to have been brought into conformance with this Section
within twenty-four (24) months from October 18, 2018 except as follows.[:]
a.
Amortization Extension for Signage.
Owners of illuminated outdoor signage in the ETJ shall have up to
ten (10) years from the date the illumination was installed to come
into compliance provided:
i.
The illumination was in compliance with existing
City ordinances on the date it was installed.
ii.
The sign cannot be brought into compliance by changing
the bulbs or lighting elements or installing shielding, and
iii.
The date the sign was put into service can be
documented via receipts, time stamped photographs, etc. or, at the
prerogative of the Community Compliance Officer, corroborative written
statements, in which case the maximum effective date for noncompliance
shall be the date the sign was put into service plus ten (10) years.
b.
However, notwithstanding any amortization extension,
whenever bulbs or other lighting elements require replacement in the
sign, the replacement bulbs or lighting elements shall comply with
all other provisions of this ordinance, e.g., replacement bulbs or
lighting elements shall have a Correlated Color Temperature not to
exceed 2700 degrees Kelvin.
iv.
Signage Permits in the ETJ.
In order to ensure
compliance with this Section, a description of all external and internal
lighting of signage in the ETJ, to include specification sheets and
an attestation by the builder and/or owner that lighting of the sign
will be in compliance with the requirements of this Section, shall
be included with the applications for all signage permits in the ETJ.
Specification sheets for signage lighting shall include, at a minimum:
the manufacturer, model number, and number of lumens produced by each
fixture, and the Kelvin temperature of the light produced.
v.
Annexation.
By the authority granted the City
under Texas Local Government Code Section 43.002(c)(4), all outdoor
lighting that is not in conformance with this Section on property
in the City's ETJ that is subsequently brought into the City
Limits after October 18, 2018 shall be brought into conformance with
this Section within two (2) years of the effective date of the annexation.
Nothing in this subsection may be construed as to allow light trespass
or any other form of nuisance from outdoor lighting. A new purchaser
of property may request a two (2)-year extension to come into compliance
if the property was purchased within two (2) years of October 18,
2018. This subsection shall apply to all Nonresidential and residential
properties annexed into the city limits per the terms of this subsection.
vi.
Extension of the ETJ.
If, in accordance with the
Texas Local Government Code Section 44.022(a), the City expands its
ETJ as the result of annexation or, in accordance with the Texas Local
Government Code Section 44.022(b), the ETJ is expanded through the
voluntary request of property owners in the ETJ after October 18,
2018, all applicable provisions of this Section shall apply to the
new area of the expanded ETJ upon the effective date of the expansion
of the ETJ.
(7)
General Standards.
(a)
Lighting Design.
Outdoor lighting shall be designed
to provide the minimum lighting necessary to ensure adequate safety,
visibility, and comfort, and not create or cause objectionable glare
or light trespass as viewed from other properties and/or from public
rights-of-way.
(b)
Shielding Requirement.
Except as otherwise specified
in this Section, outdoor lighting, regardless of lumen output, shall
be fully shielded and/or aimed downward so as to minimize glare and
prevent light pollution. All outdoor lighting fixtures shall be fully
cut-off fixtures. No outdoor lighting fixture shall permit light to
shine above the horizontal plane to pollute the night sky or off the
property on which it is installed.
(c)
Light Trespass.
Except as otherwise specified
in this Section, light trespass beyond property boundaries shall be
deemed a nuisance and in noncompliance with the requirements of this
Section.
i.
General.
The source of the light (the bulb, light
emitting diode, or any other light emitting device), a refractive
or nonrefractive lens cover, or reflector shall not be visible in
a direct line of sight from any other property or public right of
way.
ii.
Porchlights and Sconces.
Residential porchlights
and wall sconces may be unshielded and light from such fixture may
be visible from beyond the property line provided the fixture has
a medium to dark toned, semi-opaque diffuser installed to reduce glare
or the fixture has a flat-bottomed LED light emitter or other flat-bottomed
light source that prevents light from shining off the property or
upward into the night sky. In no case shall the bulb, other luminous
element, reflective surface, or lens cover be visible from off the
property.
(d)
Color Temperature.
All outdoor lighting, regardless
of type, except as exempted herein, shall have a Correlated Color
Temperature (CCT) not to exceed 2700 degrees Kelvin in order to minimize
sky glow caused by outdoor lighting and mitigate the adverse effects
on human health caused by bluish-white light at higher CCTs.
(e)
Lumen Caps.
i.
Nonresidential Property.
To prevent over-lighting,
total outdoor light output on any Nonresidential property shall not
exceed 100,000 initial lumens per net acre in any contiguous illuminated
area. This lumen per net acre limitation is an upper limit, not a
design goal. Illumination design should be at the lowest levels that
meet the reasonable requirements of the task. Governmental-owned street
lights used for illumination of public rights-of-way and lights that
are installed indoors but shine outside the building are exempt from
the lumen cap requirement.
ii.
Residential Property.
Total outdoor light output
(excluding governmental-owned street lights used for illumination
of public rights-of-way) on any residential property shall not exceed
25,000 lumens per net acre in any contiguous illuminated area.
iii.
Substantiation of Lumens per Net Acre Calculations.
The owner of the property or his or her designated agent shall be
responsible for calculating the total number of lumens per net acre
on the property and for informing the City of the methodology used
in the calculations. The City shall determine if the calculations
are reasonable. In the event of disagreement, the owner of the property
may hire a professional lighting consultant to substantiate the actual
number of lumens per net acre. The City must agree that the individual
or firm hired is, indeed, capable of making a professional evaluation.
iv.
Outdoor Recreational Facilities.
Lighting for
playing fields, playing courts, swimming pools, skateboard parks,
rodeo arenas, and similar recreational facilities, whether public
or private, are exempt from the lumens per net acre limit. However,
all such facilities whether public or private shall comply with the
requirements of State of Texas Health and Safety Code in regard to
design and shielding requirements for outdoor lighting on any facility
constructed in whole or in part with State funds which, in general,
requires full cut-off fixtures.
(f)
Lighting Curfews.
All outdoor lighting is encouraged
to be turned off when no one is present to use the light. Curfews
for signage, outdoor recreational facilities, and streetlights are
specified in the respective subsections of this Section.
(8)
Specific Standards.
(a)
Illumination of Signage.
i.
Externally-illuminated Signage.
1.
All lighting of externally-illuminated outdoor signs shall be
shielded so as to minimize glare for passing motorists, bicyclists,
or pedestrians.
2.
All lighting of externally-illuminated outdoor signs (whether
free standing or building mounted, on-premises or off-premises) shall
be directed downward toward the sign. Any signage that contained nonconforming
lighting as of October 18, 2018 shall bring their lighting into compliance
within ten (10) years from the date of installation or any time that
the sign is improved or repaired where the lighting is removed during
the improvement or repair.
ii.
Internally-illuminated Signage.
1.
Background and Letters.
a.
Because it is impossible to fully shield most internally-illuminated
outdoor signs, such signs (whether free standing or building-mounted,
on-premises or off-premises) shall be constructed with an opaque background
and translucent letters and symbols or with a dark colored background
and lighter letters and symbols in order to minimize the amount of
unshielded light released off the property or into the night sky.
i.
No more than 33% of such signage (primarily lettering)
may be white or other light color.
ii.
Internally-illuminated signs with predominantly
white or other light-colored backgrounds are specifically prohibited.
iii.
Reverse channel signage consisting of opaque letters
and symbols, typically mounted several inches in front of an opaque
surface such as a wall and illuminated by bulbs or other light emitters
embedded within the letters or symbols themselves such that the letters
and symbols stand out in front of the reflected light are permissible
and encouraged.
2.
Logos.
Nonconforming internally-illuminated signs
that are part of a registered logo for a business or organization
with operations in the City of Blanco and at least one other location
are allowed provided there is not another version of the logo sign
that would, if installed, be compliant with the other provisions of
this Section.
a.
Bulbs, LEDs, or other light emitters within signs
so exempted shall be the lowest intensity needed for the sign to be
recognizable for up to one-half mile from its location.
b.
The total lumens emitted from the logo sign shall
count against the allowed lumens per net acre cap for the property.
c.
A company's decision to change a conforming
logo that is installed on the company's facility or signage to
one that is nonconforming shall not be sufficient justification to
change the displayed logo.
3.
Changeable Copy Signs.
Unshielded, internally-illuminated
signs with changeable copy requiring manual change at the physical
location of the sign are allowed provided such signs otherwise conform
to the City's signage ordinance.
a.
Such signs may have an off-white or other light-colored
background such that the changeable letters or symbols are clearly
visible, but the use of a white background is specifically prohibited.
b.
Such signs shall use the minimum amount of light
necessary to ensure the changeable letters or symbols are clearly
readable from a distance of one hundred (100) feet.
c.
The total lumens emitted from the sign shall count
against the allowed lumens per net acre cap for the property.
4.
Electronic Changeable Copy Signs.
Nongovernmental
electronic changeable copy or changeable image signs or displays that
are similar in design to large televisions or computer monitors are
specifically prohibited except as further noted in this Section.
5.
Electronic Pricing Signs.
Unshielded electronic
signs at service stations within the City Limits displaying fuel prices
are allowed providing such signs otherwise conform to the City's
signage ordinance. New unshielded electronic pricing signs in the
City's ETJ are prohibited until such time as all other outdoor
lighting on the property is brought into compliance with this Section.
6.
Open for Business Signs.
Unshielded electronic
or neon signs displaying messages such as "Open" are allowed on the
premise of the business provided such signs otherwise conform to the
City's signage ordinance.
iii.
Internally-illuminated Panels.
Internally-illuminated
panels such as are commonly seen on the sides of service station canopies,
for purposes of this Section, shall be considered signage. Such panels
shall be allowed and may be unshielded provided the intensity of the
illumination does not cause glare for motorists, bicyclists, or pedestrians.
Panels shall not be of a color that is white, off-white, pale yellow,
or other pale, light hued color. The total lumens emitted by the panels
shall count against the allowed lumens per net acre cap for the property.
iv.
Lighting Curfew for Signage.
Illumination of all
on-premises outdoor advertising signage, both externally and internally-illuminated,
shall be turned off by the later of closing time or 10:00 pm, provided,
however, that such signs may be turned back on prior to sunrise, but
no more than one hour prior to opening.
(b)
Neon Lighting.
i.
Because it is virtually impossible to shield, the City discourages
the use of neon lighting or lighting produced by other gases in similar
tubes or lighting that is similar in effect such as LEDs in an elongated
plastic tube or covering. However, such lighting is permitted provided
it otherwise conforms to the City's signage ordinance.
ii.
Neon lighting or its equivalent in colors of white, pale yellow,
or similar pale, light hued color is prohibited.
iii.
All fixtures using neon lighting or its equivalent shall be
of an intensity that will minimize glare for motorists, bicyclists,
or pedestrians; and, to the greatest extent possible, shall be mounted
in such a way as to limit light from trespassing off the property
or from escaping above the horizontal plane to pollute the night sky.
iv.
The lumens produced by neon lighting shall count towards the
total lumen cap for the property.
(c)
Canopies.
i.
Light Trespass.
Because of their common proximity
to public rights-of-way, lighting of canopies typical of service stations
and drive-through facilities may produce light emissions that trespasses
onto public rights-of-way provided that no light is allowed to escape
above the horizontal plane to pollute the night sky and that glare
for motorists, bicyclists, and pedestrians is minimized. Light trespass
onto private property is prohibited.
ii.
Design.
It is strongly encouraged that all such
canopy lighting fixtures be embedded within the canopy itself with
no need of further shielding.
iii.
Intensity.
Canopy lighting shall be of an intensity
that provides safe and efficient use of the facility but shall not
be so bright as to cause glare to the extent that it is a safety hazard
for passing motorists, bicyclists, or pedestrians.
iv.
Correlated Color Temperature.
All canopy lighting
shall have a Correlated Color Temperature of 3000 degrees Kelvin or
less.
v.
Over-lighting.
Over-lighting of canopy areas for
purposes of advertising is specifically prohibited.
(d)
Streetlights.
i.
Design.
New streetlights installed on City rights-of-way
or Texas Department of Transportation rights-of-way in the city limits
shall be full cut-off fixtures and designed, mounted, and/or shielded
so as to direct the light onto the public right-of-way and not onto
private property or onto the property of Blanco State Park.
ii.
Adaptive Controls.
New City-owned street lighting
installed after October 18, 2018, other than streetlights at the intersection
of roadways, to the greatest extent possible, shall utilize adaptive
controls such as half-night photocells or timers to turn the streetlights
off halfway between dusk and dawn or timers that reduce or eliminate
light emitted after a set time. Emerging technology such as passive
infrared sensors that permit streetlights to be off except when movement
is detected in the area is encouraged.
iii.
Correlated Color Temperature.
To the extent government-owned
streetlights are repaired or replaced with LED or other light emitting
elements, the light produced by the LEDs or other element shall not
exceed 2700 degrees Kelvin.
iv.
Repair and Replacement.
Notwithstanding other
provisions of this Section, existing City-owned streetlights or streetlights
owned by other entities but installed on City rights-of-way or Texas
Department of Transportation rights-of-way in the city limits shall
be brought into compliance in the normal course of streetlight repair
and replacement.
(e)
New City-owned Outdoor Lighting.
After October
18, 2018 the City may install new publically-owned outdoor lighting,
to include street lighting and lighting on other public property and
rights-of-way, only upon the determination of the Mayor or the Mayor's
designated representative that a clear public safety danger or danger
to City workers exists in the area to be lit and that the hazard can
only be effectively mitigated through the use of outdoor lighting.
(f)
Outdoor Recreation.
i.
Design and Shielding.
Lighting for all playing
fields, playing courts, swimming pools, skateboard parks, rodeo arenas,
and similar recreational facilities, installed or replaced on public
or private property after October 18, 2018 shall be in compliance
with the requirements of the State of Texas Health and Safety Code
in regard to design and shielding requirements for outdoor lighting
on any facility constructed in whole or in part constructed with State
funds. Such lighting shall utilize full cut-off fixtures and be aimed
directly at the playing surface in such a manner as to minimize glare,
limit light trespass off the property, and prevent light from being
emitted above the horizontal plane to pollute the night sky.
ii.
Correlated Color Temperature.
Lighting of outdoor
recreational facilities owned or operated by a governmental entity,
or a nonprofit association or organization are exempt from Correlated
Color Temperature requirements. However, the City encourages such
lighting to be 2700 degrees Kelvin or less if at all consistent with
the requirements of the recreational facility.
iii.
Lighting Curfew.
Lighting for outdoor recreational
facilities on public or private property is prohibited after 10:00
p.m. unless such lighting is needed to complete a specific activity
or event, organized by a City-recognized entity, already in progress
that began before 9:00 p.m.
(g)
Accent Lighting.
Lighting used to emphasize features
or drive attention to a structure is allowed. However, it is preferred
that accent lighting be directed downward onto the structure and not
upward toward the sky or adjacent properties.
i.
Direct light emissions, not to exceed approximately ten percent
(10%) of total light emissions for each fixture, may extend above
the roofline or beyond a building's edge provided no more than
1800 lumens are directed at any one side of the structure.
ii.
All accent lighting shall be shielded so as to curtail glare
for passing motorists, bicyclists, or pedestrians and prevent light
trespass off property.
(h)
Landscape and Foliage Lighting.
Lights shining
downward are preferred to those shining upwards. Lighting on landscaping
or foliage shall be shielded so as to curtail glare for passing motorists,
bicyclists, or pedestrians and prevent light trespass off property.
(i)
String Lights and Rope Lights.
i.
The year-round use of string lights or rope lights for illumination
or decoration is discouraged but not prohibited.
ii.
Clear or colored string lights or rope lights or other similar
illumination displays are permitted provided the intensity is such
as to preclude excessive glare for motorists, bicyclists, pedestrians,
or neighbors.
iii.
Festoon or bistro-type string lights, either clear or colored,
used as outdoor illumination or decoration may be unshielded provided,
they comply with the following requirements:
1.
The lights shall produce not more than 125 lumens per bulb nor
produce more than 125 lumens per linear foot of line or square foot
of space.
2.
The lights shall have a Correlated Color Temperature of not
more than 2700 degrees Kelvin (a warm, yellowish light).
3.
Festoon or bistro-type string lights shall not be located within
three (3) feet of a reflective surface such as a light colored or
reflective metal wall.
4.
Unshielded festoon or bistro-type string lights that are illuminated
for more than two (2) nights in any given month shall not be visible
from any residential property within fifty (50) feet of the installed
lights without the written approval of neighbors residing within the
fifty (50) foot area. Such approvals shall be signed, dated, and filed
with the City's Code Officer. Approvals become null and void
if the signatory ceases to reside at the property or withdraws the
approval.
(j)
Flagpoles.
i.
The City encourages the custom of displaying and lighting patriotic
or commemorative flags on stationary flagstaffs or as may otherwise
be mounted.
1.
While downward lighting is preferred, upward lighting of flagpoles
with a height equal to or less than 20 feet above the ground level
is permitted provided only a single spotlight is used per flagpole
whose maximum initial lumen output does not exceed seventy-five (75)
lumens per foot of height of the flagpole as measured from the spotlight
to the top of the pole. Spotlights shall be shielded or have diffusers
installed so as to limit light trespass off the property and minimize
glare for passing motorists, bicyclists, and pedestrians.
2.
Flagpoles with a height greater than 20 feet above ground level
shall be illuminated from above and shall utilize one or more light
fixtures, not to exceed 800 initial lumens in total, attached to the
top of the flagpole or mounted above the top of the flagpole on a
structure within 15 feet of the flagpole. The downward shining lights
shall be shielded or have diffusers installed so as to limit light
trespass off the property and minimize glare for passing motorists,
bicyclists, and pedestrians. Flagpoles using nonconforming lighting
as of October 18, 2018 may continue the use of such lighting so long
as the use of the lighting at the flagpole is continuous. If the flagpole
is repaired or replaced in a way that requires removal or replacement
of the lighting, the lighting shall be brought into compliance.
3.
If a flag of the United States is displayed during the hours
of darkness, it should be illuminated as recommended in the Federal
Flag Code.
ii.
Upward lighting of up to three (3) flagpoles per property, irrespective
of the type of flag, is permitted provided a shielded spotlight is
used for each.
(k)
Public Monuments and Statuary.
While downward
lighting is preferred, upward lighting of publicly-accessible monuments
and statuary is permitted provided shielded spotlights are used so
as to limit light trespass off the property and minimize glare for
passing motorists, bicyclists, and pedestrians.
(l)
Motion Sensors.
The City encourages the use of
motion-activated outdoor lighting as a way to reduce light pollution,
save energy, and alert neighbors and public safety authorities of
activity in the area of the sensor. However, notwithstanding the fact
that most motion sensor-controlled fixtures can be adjusted to remain
on for a limited period of time, all fixtures controlled by motion
sensors shall comply with the provisions of this Section.
(9)
Public Safety and Actionable Nuisances.
Notwithstanding
any other provisions of this Section, the City may require the modification,
removal, or limited operation of outdoor lighting fixtures found to
be a public safety hazard or a public or private nuisance according
to the following criteria:
(a)
Criteria for Finding Outdoor Illumination to be a Public Safety
Hazard:
i.
Light trespass and glare is sufficiently intense or contrasts
excessively with surrounding illumination, regardless of the intensity
of the surrounding illumination, in a manner to cause impairment of
visual performance or to distract from or impair the safe operation
of a vehicle; or
ii.
Light trespass or glare exists that impairs a person's
visual performance or ability to avoid obstacles in his or her path.
(b)
Criteria for Finding Outdoor Illumination to be a Public Nuisance
Affecting the Community as a Whole:
i.
Light escapes above the horizontal plane to pollute the night
sky enjoyed by all citizens or visitors; or
ii.
Glare onto public rights-of-way or public spaces such as parks
is of sufficient intensity as to be annoying to or impair the visual
acuity of a person of average sensibilities using the right-of-way.
(c)
Criteria for Finding Outdoor Illumination to be a Private Nuisance
Affecting an Individual Citizen or Property Owner:
i.
Light trespass or glare exists that deprives an owner or occupant
of usual and reasonable use and enjoyment of a private property; or
ii.
Light trespass or glare exists that causes visual discomfort
or impairment of visual performance in a manner that deprives any
citizen of average sensibilities from the safe use of a private property.
(10)
Other Prohibitions.
The following are specifically
prohibited except as further noted:
(a)
Mercury Vapor Fixtures.
The installation of any
mercury vapor, mercury arc, or mercury discharge fixture or lamp of
any size or kind for use as outdoor lighting is prohibited.
(b)
Bam Lights.
The installation of any fixture with
a translucent refracting lens typical of old style "barn light" fixtures
for use as outdoor lighting is prohibited unless the fixture includes
a full opaque shield instead of the standard translucent refracting
lens and otherwise complies with the shielding requirements of this
Section. The standard refracting lens is allowed only if it is painted
or otherwise rendered substantially opaque.
(c)
Wall Packs.
The installation of any wall pack
style fixture for use as outdoor lighting is prohibited unless the
fixture complies with the shielding requirements of this Section,
i.e., is a full cut-off fixture, shielded as necessary such that illumination
is confined to the property on which the fixture is located.
(d)
Drop Lenses.
The installation of any publically-owned
or privately-owned streetlight, area light, or other fixture with
an unshielded drop lens or sag lens is prohibited.
(e)
Searchlights and Lasers.
The operation of searchlights
or aerial laser lights used for advertising purposes is prohibited.
(11)
Exemptions.
In addition to the exceptions specified
elsewhere in this Section, the following are exempt from the provisions
of this Section except as further noted:
(a)
Traffic Lighting.
Publicly maintained traffic-control
devices.
(b)
Emergency Lighting.
Temporary emergency lighting
(fire, police, repair crews).
(c)
TxDOT Lighting.
Lighting fixtures and illumination
requirements imposed by the Texas Department of Transportation (TxDOT)
within TxDOT's right-of-way.
(d)
Vehicle Lighting.
Lighting is required by law
to be installed on motor vehicles.
(e)
Construction Lighting.
Temporary construction
lighting provided workers are present and actively engaged in the
construction project and the lights are positioned so they do not
shine in the eyes of passing motorists, bicyclists, or pedestrians
so as to create a safety hazard.
(f)
Navigation Lighting.
Navigation lights such as
aircraft warning beacons on water towers, electrical and wireless
transmission towers, etc. However, notwithstanding terms as may be
set forth in licensing agreements with the owners/operators of such
lights, a white or light colored, flashing strobe light that is visible
after sunset shall be deemed noncompliant unless required by state
or federal government regulation.
(g)
Swimming Pool Lighting.
Underwater lights such
as are commonly installed in swimming pools or other water features
are exempt.
(h)
Performance Lighting.
Temporary lighting for outdoor
theatrical or musical productions, outdoor movies, or on-the-scene
nighttime television broadcasts such as television news are exempt.
(i)
Fossil Fuel Lighting.
Outdoor lighting for which
light is produced directly by the combustion of fossil fuels such
as outdoor fire pits and ornamental items such as "tiki lamps" are
exempt.
(j)
City-owned Water and Wastewater Treatment Facilities.
Outdoor lighting at the City's water treatment plant and
wastewater treatment plant that was installed and functioning on October
18, 2018 is exempt. Nonconforming lighting shall be used only when
City workers are present. All fixtures replaced during the normal
course of maintenance or in conjunction with renovations or replacement
of the facilities shall be fully compliant with the provisions of
this Section.
(12)
Materials and Methods of Installation.
This Section
is not intended to prohibit the use of any design, material, or method
of prescribed installation not specifically proscribed by this Section,
provided such alternative meets the legislative intent of this Section.
(13)
Compliance with Building Code.
All lighting installations
commenced in accordance with this Section must be in compliance with
the International Building Code, as adopted by the City Council.
(14)
Violations and Penalties.
(a)
General penalties provided in Section 8.3, Penalties of the
City of Blanco Unified Development Code (UDC), as of the effective
date of this Section and as may be further amended in the future,
shall apply to violations hereof.
(b)
The City shall also have the right to bring a civil action to
enforce the provisions of this Section and to seek remedies as allowed
by law, including, but not limited to the following:
(15)
Administrative Guidance.
(a)
Submission of Plans and Evidence of Compliance.
All building permit applications must include an outdoor lighting
plan which includes the following information:
i.
The location of all existing and proposed light fixtures (may
be included on site plan).
ii.
A lumen calculation sheet to determine lumens per net acre.
It must include the square footage of the total area to be illuminated,
the light fixture catalog descriptions or ordering number, lamp types
(i.e., incandescent, low pressure sodium, compact fluorescent, LED,
etc.), the Kelvin rating for the lamp, the B-U-G rating for the selected
fixture (if available); the number of fixtures or lamps (use the same
unit corresponding to the unit used to determine how many lumens are
produced), fixture or lamp initial lumens, the location from the edge
of a canopy (if applicable), and mounting height of all existing and
proposed lamps.
iii.
Manufacturer's specification sheets for all
existing and proposed light fixtures.
iv.
Elevations with notes where light fixtures are to be installed
indoors which may be seen from the exterior.
v.
Site plan with specific measurements in feet for the area to
be illuminated. A scale notation is not sufficient.
vi.
Acknowledgement that the applicant has received notification
of the provisions of this Section.
vii.
The City Community Compliance Officer or other
individual designated by the Mayor shall review all building permits
to ensure compliance with this Section.
viii.
Verification that a residential or Nonresidential
building project requiring a building permit application has complied
with the provisions of this Section shall occur during the final electrical
inspection by the City's designated Building Inspector and verified
by the City's Community Compliance Officer or other individual
designated by the Mayor.
ix.
Upon receipt of residential building permit applications, city
staff shall provide the homebuilder and/or applicant with educational
materials about this Section including a copy of this Section. The
City's submission of educational materials shall be prima facie
evidence that the applicant has received notification of the provisions
of this Section.
(b)
Enforcement.
i.
City Community Compliance Officer.
1.
Interpretation and enforcement of the provisions of this Section
shall rest with the Community Compliance Officer or other individual
as may be designated by the Mayor who is authorized to exercise reasonable
judgement in its enforcement consistent with achieving the overall
purposes of this Section.
2.
In considering possible violations of this Section for residential
properties, the Community Compliance Officer or other individual designated
by the Mayor shall act only upon receipt of a complaint.
3.
The Community Compliance Officer or other individual designated
by the Mayor is authorized to grant amortization extensions for residential
and Nonresidential lighting in the City Limits and for lighting of
signage in the City's ETJ in accordance with the provisions of
this Section.
4.
Appeals of Community Compliance Officer decisions or those made
by another individual designated by the Mayor may be made to the Mayor.
Further appeals may be made to the City Council, which shall be the
final authority.
ii.
Collaboration.
Extrajudicial enforcement of this
ordinance is preferred. Collaboration with the owners of noncompliant
outdoor lighting is encouraged to rectify violations and obviate the
need for citations and other actions by the City.
iii.
Special Use Permits.
The Mayor is
authorized to direct the issue of a temporary Special Use Permit waiving
provisions of this Section within the parameters specified below.
1.
Applicants for such permits shall provide written
justification substantiating how compliance with specific provisions
of this Section would be detrimental to the full intended use of a
facility or area and specifying the exact provisions of the Article
requested to be waived and the period of time for which the Special
Use Permit is required. For example, festivals, carnivals, or fairs
might be good candidates for issuance of a Special Use Permit.
2.
The duration of a Special Use Permit for outdoor
lighting shall not exceed 15 contiguous calendar days.
3.
No single entity shall be granted more than one
(1) Special Use Permit for outdoor lighting per year.
4.
Applications for a Special Use Permit for outdoor
lighting shall be initiated with the City's Community Compliance
Officer who shall submit the application to the Mayor along with the
Community Compliance Officer's comments and/or recommendation.
(c)
Guidance and Education.
The City Administrator
or City Secretary is authorized to promulgate and keep current one
or more interpretive documents to aid citizens, business owners, builders,
and electricians in the interpretation of and compliance with this
Section. Such interpretive documents shall be educational only and
shall not constitute regulations, amendments, or exceptions to the
provisions of this Section. All such documents shall be made available
free of charge to requesters. To the extent possible, such documents
shall be posted on the City's web page. The City shall undertake
other measures as required to educate citizens and other interested
parties about the requirements of this ordinance.
(d)
Variances.
Requests for variances from the provisions
of this Section may be made through the City's Planning and Zoning
Commission to the Mayor and City Council. All such requests shall
be fully documented and include a specific justification as to why
the request for variance is unique and why approval of the variance
would not set a precedent for other such requests. Applicants requesting
a variance must demonstrate undue hardship caused by unique circumstances
of the property making it impossible to literally comply with the
standards of this Section. Financial concerns alone do not comprise
a hardship under this Section.
i.
In considering requests for variance, the Planning and Zoning
Commission and the Mayor and City Council shall consider the following
criteria:
1.
The degree to which compliance with this Section will cause
undue hardship for the applicant; and
2.
The degree to which the requested variance will result in a
noncompliant fixture; and
3.
The amount of time the requested variance will be in effect
before the fixture comes into compliance with this Section; and
4.
The degree to which approval of the variance would set a precedent
for other such requests; and
5.
The effect the variance might have on efforts by the City to
attain and/or retain recognition as a Dark Sky Community or other
similar designations.
(Ordinance adopted 11/10/20; Ordinance 2023-O-002 adopted 1/31/2023)
