17.09.069 Outdoor lighting – Amortization and enforcement of nonconforming outdoor lighting.
A. The City shall require the termination of use of all nonconforming outdoor lighting fixtures, structures, lamps, bulbs, or other devices that emit or generate light which are not otherwise exempted by this chapter, pursuant to the amortization schedule contained in this section.
B. All permitted outdoor lighting installed prior to December 12, 2023, in all zoning districts, shall be considered legal, nonconforming. Any existing approved outdoor lighting, which is being used in a manner or for a purpose which is otherwise lawful, not including direct illumination or glare as specified by the special provisions sections for zoning districts, but does not comply with the MOLO provisions in Sections 17.09.060 through 17.09.069, shall be deemed legal, nonconforming, pursuant to Chapter 17.12, General Provisions.
C. All outdoor lighting legally existing and installed prior to the effective date of this chapter and which is not exempted shall be considered legal, nonconforming and shall be brought into compliance by the property owner as follows:
1. Immediate compliance is required as a condition for approval when applying for a building permit, sign permit, new (nonrenewal) business license, site plan review, or similar City permit or approval if site improvements, construction, reconstruction, expansion, alteration, or modification of existing sites, structures, or uses individually or cumulatively equal or exceed one thousand five hundred square feet, or fifty percent of the existing site or structure, whichever is less. Projects of less than one thousand five hundred square feet in size, or fifty percent of an existing site or structure, will not be subject to immediate compliance. However, the square footage of the improved structure or site will count towards a cumulative total of projects on the same property. When the cumulative total equals or exceeds one thousand five hundred square feet, or fifty percent of the existing site or structure, compliance shall be required for approvals as cited above.
2. All damaged or inoperative nonconforming fixtures shall be replaced or repaired only with lighting equipment and fixtures compliant with this chapter.
3. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be brought into conformance with the MOLO by January 1, 2029.
4. Whenever a nonconforming use, structure, or lot is abandoned for a period greater than one year and then changed to a new use according to the requirements of Section 17.12.060, all existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure, or site.
5. Nonconforming fixtures must be brought into compliance if they violate Sections 17.20.040, 17.21.040, 17.24.040, 17.27.040, 17.30.040, 17.31.040, 17.32.040, 17.35.060, 17.36.070, 17.42.060, 17.45.060, 17.48.060, 17.51.060 and 17.54.070, Special provisions, as determined by the Zoning Administrator. The abatement of the nuisance shall be attempted first through noncostly means, such as redirection and relamping. New fixtures shall be required if the nuisance cannot be abated.
D. Violation and enforcement shall be processed as outlined in Chapter 17.78.
(Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)