A. Single-Family And Multi-Family Residential Land Use Districts: The following standards are applicable to all structures located within single-family and multi-family residential land use districts as identified on the Official Yucca Valley Zoning District Map:
1. Existing Structures Located In Single-Family And Multi-Family Residential Land Use Districts:
a. Existing outdoor lighting fixtures installed or constructed on developed properties located in any residential land use district, as identified on the Official Yucca Valley Zoning Map, and which properties are used for residential purposes which are nonconforming, shall be allowed continued use, except that the lighting shall not be structurally altered so as to extend its useful life aside from regular maintenance.
b. Should it be determined that a nonconforming lighting fixture results in light trespass, the Town may require the light to either be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof to eliminate light trespass.
2. New Construction And New Lighting In Single-Family And Multi-Family Residential Land Use Districts: Any new construction and or new lighting located in any residential land use district, as identified on the Yucca Valley Zoning Map and which properties are used for residential purposes, unless exempt, shall be fully shielded or recessed in such a manner as to preclude adverse impacts to adjacent property as a result of light trespass, or to any member of the public who may be traveling on adjacent roadways or right of way.
B. Commercial And Industrial Land Use Districts: The following standards are applicable to all structures located within commercial and industrial land use districts as identified on the official Yucca Valley Zoning District Map:
1. Existing Structures Located In Commercial And Industrial Land Use Districts:
a. Existing outdoor lighting fixtures installed or constructed on developed properties located in any commercial or industrial land use district, as identified on the Yucca Valley Zoning Map, and which properties are used for any commercial or industrial purpose, which are nonconforming shall be allowed continued use, except that the lighting shall not be structurally altered so as to extend its useful life aside from regular maintenance.
b. Should it be determined that a nonconforming lighting fixture results in light trespass, the Town may require the light to either be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof to eliminate light trespass.
(1) In those cases where light trespass exists and has been determined to be a nuisance, the Community Development Director may grant additional time for the property owner to remedy the light trespass where a hardship exists and the following findings can be made. Hardship shall mean that there is a degree of difficulty in accessibility to the fixture, financial difficulty or cost of correcting the light trespass, degree of light trespass or other similar issues.
(A) There are special circumstances or conditions applying to the land, building or outdoor light fixtures for which temporary administrative relief is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood.
(B) The granting of the temporary administrative relief will generally be in harmony with the intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) The Director shall make a determination within five (5) business days from the date of the submission of the request and notify the applicant in writing of his decision. Temporary relief shall not exceed a period of ninety (90) days. The Director's determination may be appealed to the Planning Commission within ten (10) days of the decision. Should additional time be required the request shall be forwarded to the Planning Commission for review and consideration through the temporary use permit process and requirements.
(3) The Director may forward the request to the Planning Commission based upon the degree of light trespass, costs of correcting the light trespass or other similar issues.
c. Fifty percent (50%) of all nonconforming lighting fixtures within parking lots or within open lot sale areas shall be turned off within one hour after closing or between the hours of eleven o'clock (11:00) P.M. and sunrise, whichever occurs first.
(1) In those cases where turning off fifty percent (50%) of the nonconforming lighting fixtures would constitute a hardship, the Director may grant an administrative exemption based on the following findings:
(A) There are special circumstances or conditions applying to the land, building or outdoor light fixtures for which temporary administrative relief is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood;
(B) The strict application of this Chapter would deprive the applicant reasonable use of the land, buildings or outdoor fixtures;
(C) The granting of the temporary administrative relief will generally be in harmony with the intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2) The Director shall make a determination within five (5) business days from the date of the submission of the request and notify the applicant in writing of his decision. Temporary relief shall not exceed a period of ninety (90) days. The Director's determination may be appealed to the Planning Commission within ten (10) days of the decision. Should additional time be required the request shall be forwarded to the Planning Commission for review and consideration through the temporary use permit process and requirements.
(3) The Director may forward the request to the Planning Commission based upon the degree of light trespass, costs of correcting the light trespass or other similar issues.
2. New Construction And New Lighting In Commercial And Industrial Land Use Districts: Any new construction located in any commercial or industrial land use district, as identified on the Yucca Valley Zoning Map, and which properties are used for commercial and industrial purposes, unless exempt, shall be fully shielded or recessed in such a manner as to preclude adverse impacts to adjacent property as a result of light trespass, or to any member of the public who may be traveling on adjacent roadways or rights of way.
C. Recreation Facilities, Public And Private: The following standards are applicable to all structures:
1. There shall be no illumination of private recreational facilities between the hours of eleven o'clock (11:00) P.M. and sunrise.
2. There shall be no illumination of public recreational facilities unless the facilities are being utilized. The illumination must be turned off no later than eleven o'clock (11:00) P.M. or one hour after the termination of the event and/or use, whichever occurs first.
D. Off-Site Signs (Billboards) And Exterior Illuminated On-Site Signs: Lighting fixtures used to illuminate any new off-site sign and exterior illuminated on-site signs shall be mounted on the top of the sign structure and shall comply with the shielding requirements of this Chapter. (Ord. 90, 3-19-1998)