(B) Applicability.
(1) This chapter applies within the city limits.
(2) Nothing herein shall be construed as preventing or limiting the city from applying this chapter to the extraterritorial jurisdiction ("ETJ") by agreement with an affected property owner.
(3) Except as described below, all outdoor lighting installed after the effective date of this chapter shall comply with these requirements. This includes new light fixtures and replacement light fixtures.
(C) Exemptions. The following are exempt from the application of the regulations of this chapter:
(1) Lighting equipment required by law to be installed on motor vehicles;
(2) Lighting by a governmental entity within the public right-of-way or easement for the principal purpose of illuminating roads, highways, sidewalks, and trails. No exemption shall apply to any street light and to any lighting within the public right-of-way or easement when the purpose of the light fixture is to illuminate outside of the public right-of-way or easement;
(3) Lighting for public monuments and statuary on public property;
(5) Temporary lighting for theatrical, television, performance areas and construction sites;
(6) Underwater lighting in swimming pools and other water features;
(7) Temporary lighting and seasonal lighting with individual bulbs less than ten watts and 70 lumens;
(8) Lighting that is only used for emergency conditions;
(9) Lighting approved for a special event in connection with a special use permit; and
(10) Lighting required by federal or state laws and regulations.
(D) Prohibitions. It shall be unlawful and an offense for any person to do the following:
(1) Install lighting that is not in compliance with this chapter;
(2) Fail to comply with any terms or conditions set forth in a permit issued under this chapter;
(3) Use nonconforming lighting after the time or the event described in division (E)(3) demonstrates that such use is prohibited;
(4) Install any mercury vapor fixture or bulb for use as outdoor lighting;
(5) Install any wall pack style fixture for use as outdoor lighting unless the fixture is rated by the manufacturer as full cutoff;
(6) Install bulbs with a color temperature above 3,000 Kelvin;
(7) Install any barn-light style fixture for use as outdoor lighting unless the fixture includes a full opaque reflector instead of the standard translucent lens; or
(8) The operation of searchlights for advertising purposes is prohibited.
(E) Existing lighting.
(1) All existing outdoor lighting that was legally installed before the enactment of this chapter that does not conform to the standards specified and imposed by this chapter shall be considered nonconforming. Nonconforming outdoor lighting is allowed to remain until required to be replaced pursuant to the terms of this chapter.
(2) If more than 50% of the residential or non-residential structure has been destroyed, demolished, or will be remodeled, the nonconforming status expires and the nonconforming outdoor lighting on the property must be removed and may only be replaced with lighting that conforms to the standards of this chapter.
(3) Nonconforming outdoor lighting shall be discontinued or brought into conformance with this chapter as follows:
(a) Non-residential lighting zone: Existing outdoor lighting that is not in compliance with the regulations of this §§ 150.525 through 150.535 shall no longer have an allowed nonconforming status and must be discontinued within 90 days after the issuance of any of the following for the subject property:
1. Watershed development permit;
2. Zoning changes;
3. Subdivision approval; or
4. Building permit for exterior changes or additions.
(b) For areas within the non-residential lighting zone all existing nonconforming lighting must be discontinued within ten years after the enactment of this chapter.
(c) Residential lighting zone: Issuance of a building permit for improvement(s) that include moving or adding one or more exterior wall(s) shall terminate the nonconforming status of all existing non-compliant lighting on the affected wall(s) on the affected property; within 90 days after issuance of such permit non-complying lighting shall be removed, no longer used, or brought into compliance.
(d) Abandonment of nonconforming status. If the structure remains vacant for a continuous period of six months, the nonconforming status of outdoor lighting on the property expires and use of the nonconforming outdoor lighting must be discontinued.