Ordinance 2023-1858 - FAILED - Laserfiche WebLink

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the unit and accessory buildings serving the unit, or (b) otherwise serves that portion of the property owned, or reserved for exclusive use, by such owner. 3. Residential additions. If an addition occurs on a residential building, then the owner shall eliminate or replace all nonconforming outdoor lighting on the property such that all outdoor lighting on the entire property conforms to the requirements of this Chapter. A residential addition constitutes any addition of square footage to an existing building(s) total square footage, inclusive of all floors, on a parcel or lot. D. Waiver Criteria for Nonresidential Uses. Any request for a waiver from the standards of this Chapter for nonresidential development shall follow the procedures and criteria set forth in Chapter 17.28 for approval of a final Planned United Development. In addition to the criteria outlined in Chapter 17.28, the City Council may grant a waiver only if it finds that all of the following requirements, insofar as applicable, have been satisfied: That there is a specific need for illumination that cannot be achieved through compliance with this Chapter or through non - illuminated design elements. That the waiver, if granted, is a minimum waiver that will afford relief and is the least modification of the provisions of this Chapter. iii. That the proposed lighting does not negatively impact adjoining properties and is appropriate with the character of the area. iv. That the waiver will not result in light emitted from outdoor lighting to exceed the limits established in Section 17.26.070. 2. Any request for a waiver shall include a lighting plan and supporting documentation to demonstrate compliance with the waiver criteria. E. Variance Criteria for Residential Uses. Any request for a variance from the standards of this Chapter for residential development shall follow the procedures and criteria set forth in Chapter 17.48 for the granting of a variance by the Board of Adjustment. 1. In addition to the criteria outlined in Chapter 17.48, the Board of Adjustment may grant a variance only if it finds that all of the following requirements, insofar as applicable, have been satisfied: That there is a specific need for illumination that cannot be achieved through compliance with this Chapter or through non - illuminated design elements. That the variance, if granted, is a minimum waiver that will afford relief and is the least modification of the provisions of this Chapter. Ordinance No. 1858, Series 2023 Page 5 of 14