Any new lighting installed after the effective date of this ordinance shall be in compliance with the requirements of this ordinance. Any lighting in existence before the effective date of this ordinance that does not comply with these requirements shall be considered legally nonconforming and may remain, subject to the following provisions:
(1) ALTERATIONS TO EXISTING LIGHTING.
a. When poles and support structures are removed and replaced for reasons other than acts of God or accidents, they must be replaced with luminaries, poles and supports that comply with this Division; and
b. When luminaries are replaced, they must be replaced with luminaries that comply with all provisions of this Division.
c. When twenty-five percent (25%) or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be replaced with exterior lighting fixtures that comply with all provisions of this Division. This is calculated as installation of new lighting posts and/or non-post mounted lighting fixtures based on the total lighting installed by the type of mounting. For example, if over twenty-five percent (25%) of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while nonconforming freestanding fixtures may remain.
(2) REMOVAL AND REPLACEMENT OF PARKING LOT SURFACE. A parking lot or portion thereof shall be considered “removed and replaced” when any portion of the existing parking surface material is removed and a new surface is installed. When less than 50% of the gross area of the parking lot surface on a particular site is removed and replaced, only the parking area replaced must be provided with lighting in compliance with this Division. If greater than 50% of the parking area on a particular site is removed and replaced at one time, the entire parking lot on the site where the construction activity occurs must be in full compliance with this Division.
(3) NEW PARKING LOTS OR PARKING LOT ADDITIONS. When a new parking lot or addition to an existing parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with this Division.
(4) RENOVATIONS. When the cost of renovation of the principal structure reaches the thresholds detailed in Sec. 35-3112(c)(3), all existing lighting shall be brought into compliance to the extent required in said section.
(5) NEW STRUCTURES, ADDITIONS, OR REPLACEMENTS. When a site is improved with new structures, additions to, or replacements of existing structures, the lighting for the new structure, addition or replacement on the site must be upgraded with complying lighting. Existing noncompliant parking lot lighting must be upgraded with complying lighting over a portion of the parking area that is equivalent to the amount of parking that would be required for the new structure, addition or replacement. In the event that the new structure, addition or replacement is accompanied by a new or replaced parking area, the amount of upgraded lighting area shall be that required under this Division. Where a conflict with Section 35-3112(d) of this Code exists, the stricter provision requiring the installation of more compliant lighting shall govern.
(6) DEVELOPMENT APPLICATION. When a development application is made for a site for a non-administrative permit, the plan commission or city council, may as a condition of approval, require compliance with any or all of the standards of this Division and the extent of compliance required in such cases may be greater than that otherwise required in this Division, if deemed reasonably necessary to protect the public health, safety, or welfare and to achieve the proposes of this Division.
(Ord. No. 3006-2023; Sec. 35-5303 amended; 03/07/23)