(a)
Purpose and intent.
The purpose of this section is to:
(1)
Provide adequate lighting in public spaces to ensure safety.
(2)
Reduce the problems created by improperly designed and installed outdoor lighting.
(3)
Eliminate problems of glare on operators of motor vehicles, pedestrians, and land uses.
(4)
Minimize light trespass and light pollution.
(5)
Reduce energy and financial costs of outdoor lighting by establishing regulations that limit the area onto which certain kinds of outdoor lighting fixtures may illuminate.
(6)
Preserve the night sky as a natural resource and people’s enjoyment of looking at the sky and stars.
(b)
Enforcement.
The director of development services or his designee is hereby empowered and directed to administer and enforce the provisions of this section relating to outdoor lighting.
(c)
Applicability.
(1)
New uses, buildings and additions.
All proposed new land uses or change of uses, developments, buildings, structures, or building additions of thirty percent (30%) or more in terms of additional dwelling units, gross floor area, seating capacity, or other expansion, either with a single addition or cumulative additions subsequent to the effective date of this provision, shall meet the requirements of this code for the entire property. For all building additions of less than thirty percent (30%) cumulative, the applicant shall only have to meet the requirements of this code for any new outdoor lighting provided.
(2)
Nonconforming use change.
Whenever a nonconforming use, structure, or lot is abandoned for a period of 180 consecutive days and then changed to a new use according to the requirements of section 14.03.601, new and unlisted uses of the zoning ordinance, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the director.
(3)
Prior to code adoption.
Exterior lighting luminaries in existence on the effective date of this ordinance adoption shall be considered “legally nonconforming.” Such fixtures may be repaired, maintained and replaced. The nonconforming bulbs within a fixture shall be replaced in conformance with this section. However, exterior lighting luminaries existing on the effective date of this ordinance adoption that are located on private non-residentially used property and are found to direct light or glare to residential properties may be declared a public nuisance if the level of illumination on residential property, which is caused by the luminaries, is greater than one-quarter (1/4) footcandle. Such fixtures shall be altered or replaced to reduce the level of illumination on the residential property to a one-quarter (1/4) footcandle within two (2) months of receiving a written notice of the violation from the city.
(4)
Fixture abandonment or damage.
In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with all the provisions of this code.
(Ordinance 2019-42 adopted 10/8/19)