Dobbins JLUS IMP Public Draft Light Pollution Study | Page 185

section , whenever the use of any existing building , structure , or premises is changed to a new use , or the intensity of use is increased through the incorporation of additional dwelling units , gross floor area , seating capacity , or other units of measurement specified herein , and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of 25 percent or more , either with a single change or cumulative changes subsequent to the effective date of this provision , July 7 , 2007 , then all outdoor lighting facilities shall meet the requirements of this Ordinance for the entire property , to the maximum extent possible as determined by the Director of Planning and Development . For changes of use or intensity which require an increase in parking of less thantwenty-five percent ( 25 %) cumulative , the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided .
C . Compliance for single-family residences shall be enforced on a complaint basis .
45.3 Conflicting Requlations . In the event of conflict between the regulations set forth in this Code and any other regulations applicable to the same area , the more stringent limitation or requirement shall govern .
45.4 Nonconforminq uses , structures or lots .
A . Whenever a nonconforming use , structure or lot is abandoned for a period of 180 consecutive days and then changed to a new use according to the requirements of Section 7 , then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building , structure or premises , to the maximum extent possible as determined by the Director of Planning and Development .
B . No outdoor lighting fixture or use which was lawfully installed or implemented prior to the enactment of this Ordinance shall be required to be removed or modified except as expressly provided herein ; however , no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this Ordinance , except that identical lamp replacement is allowed .
C . In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation , the repaired or replacement fixture shall comply with the provisions of this Ordinance .
45.5 Approved materials and methods of construction or installation / operation .
A . The provisions of this Ordinance are not intended to prevent the use of any design , material or method of installation or operation not specifically prescribed by this Ordinance , provided any such alternate has be
B . The City Council may approve any such propos alternate :
( i ) Provides at least equivalence to the applicable s Ordinance ; and
( ii ) Is otherwise satisfactory and complies with the
45.6 Definitions .
The following words , terms and phrases , when use meanings ascribed to them in this section , except w different meaning :
Abandonment means the discontinuation of use for
Class 1 lighting means all outdoor lighting used for eating areas , assembly or repair areas , advertising facilities and other similar applications where color
Class 2 lighting means all outdoor lighting used for walkways , roadways , equipment yards , parking lots illumination of the grounds is the primary concern .
Class 3 lighting means any outdoor lighting used fo not limited to architectural illumination , flag monum bushes , etc .
Planning and Development Director means the Dire for the city or his / her designated representative .
Development project means any residential , comm subdivision plan or individual building development submitted to the city for approval .
Direct illumination means illumination resulting from luminary or reflector , not light diffused through tran surfaces such as the ground or building faces .
Fully shielded fixture means that fixtures are shield emitted by the fixture , either directly from the lamp projected below a horizontal plane running through light is emitted . See Appendix A for examples .
Appendix A : White Paper – Communities Addressing Light Pollution that Affect Nighttime Military Training