Any new lighting installed after the effective date of this chapter shall be in compliance with the requirements of this chapter. Any lighting in existence before the effective date of this chapter that does not comply with its requirements shall be considered legally non-complying and may remain, subject to the following provisions:
(A) Alterations to existing lighting.
(1) When policies and support structures are removed and replaced for reasons other than acts of God or accidents, they must be replaced with luminaries, policies, and supports that comply with this section; and
(2) When luminaries are replaced, they must be replaced with luminaries that comply with all provisions of this section.
(B) Removal and replacement of parking lot surface.
(1) 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 section. 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 section.
(2) A parking lot or portion thereof is removed and replaced when any portion of the existing parking surface material is removed and a new surface is installed.
(C) 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 section.
(D) New structures, additions, or replacements. When a site is improved with new structures, or 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. The 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 new or replaced parking area, the amount of upgraded lighting area shall be that required under this section.
(E) Change of type of occupancy. When the type of occupancy of a site is changed, the lighting for the site shall be upgraded, to comply with this section for the structure and the parking lot be upgraded for the required parking for the occupancy as established in this code. For purpose of determining the type of occupancy of a site, the occupancy classifications of the county code shall be utilized.
(F) Unoccupied sites. When a site has been unoccupied for a period of one year, the lighting shall be upgraded to fully comply with this section prior to any reoccupation of the site.
(G) Development application. When a development application is made for a site, the County Board may, as a condition of approval, require compliance with any or all of the performance standards of this section and the extent of compliance required in such cases may be greater than that otherwise required in this section, if deemed reasonably necessary to protect the public health, safety, or welfare and to achieve the proposes of this section.
(Ord. passed 5-16-2023)