Dobbins JLUS IMP Public Draft Light Pollution Study | Page 298

Pattern Outdoor Lighting Code Standard ver. 2.0 B. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of this Code are exempt from all requirements of this Code. There shall be no change in use or lamp type, or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Code. Further, if the property is abandoned, or if there is a change in use of the property, the provisions of this Code will apply when the abandonment ceases or the new use commences. Pattern Outdoor Lighting Code Standard ver. 2.0 Section 14. Severability. If any of the provisions of this Code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this Code which can be given effect, and to this end, the provisions of this Code are declared to be severable. Section 15. Definitions. 10.2 State and Federal Facilities. Compliance with the intent of this Code at all State and Federal facilities is encouraged. As used in this Code, unless the context clearly indicates otherwise, certain words and phrases shall mean the following: 10.3 Emergency Lighting. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this code for as long as the emergency exists. 15.1 Abandoned. Abandonment shall be determined as provided in Section _____ of the City/Town’s Zoning Ordinance. [Consider “cessation of use” here instead, depending on advice of local counsel] 10.4 Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards of Section 4.1, though it must conform to all other provisions of this code. 15.2 Billboard. Any sign designed for use with changeable advertising copy and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located. Section 11. Appeals. 15.3 CCT. Correlated color temperature. A numerical figure used to describe the apparent color of white or nearly white light sources such as LEDs or metal halide. Any person substantially aggrieved by any decision of the designated official made in administration of the Code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction. Section 12. Law Governing Conflicts. Where any provision of federal, state, county, township or city statutes, codes, or laws conflicts with any provision of this Code, the most restrictive shall govern unless otherwise regulated by law. Section 13. Violation and Penalty. It shall be a civil infraction for any person to violate any of the provisions of this Code. Each and every day or night during which the violation continues shall constitute a separate offense. A fine shall be imposed of not less than fifty dollars nor more than seven hundred dollars for any individual or not less than 100 nor more than ten thousand dollars for any corporation, association, or other legal entity for each offense. The imposition of a fine under this Code shall not be suspended. Page C-10 19 15.4 Class 1 Lighting. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where COLOR RENDITION IS IMPORTANT to preserve the effectiveness of the activity. Designation of lighting as Class 1 lighting requires a finding by the Planning Director of the essential nature of color rendition for the application. Recognized Class 1 lighting uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas where regularly scheduled maintenance activity occurs after dark; display areas; assembly areas such as concert or theater amphitheaters. 15.5 Class 2 Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where GENERAL ILLUMINATION for visibility, safety or security of the grounds is the primary concern. 15.6 Class 3 Lighting. Any outdoor lighting used for DECORATIVE effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc. Appendix C: Pattern Outdoor Lighting Guide 20