Imperial Beach City Zoning Code

CHAPTER 19

56 LIGHTING REGULATIONS

§ 19.56.010 Purpose and intent of provisions.

It is the purpose and intent of this chapter to provide reasonable restrictions and limitations upon the use of lighting in or near the residential zones of the City so as to prevent lighting from creating a nuisance to residents within such residential zones. It is recognized that lighting is widely used in commercial zones for the purpose of advertising and security and that such lighting is essential to the conduct of many commercial or industrial enterprises.

The City Council acknowledges that protective security lighting in residential zones constitutes a deterrent to crime and an aid in law enforcement and contributes generally to the safety of those persons residing in such residential zones. It is further accepted that properly controlled lighting in residential areas used for landscaping and highlighting of architectural features of buildings and structures enhances and promotes the aesthetic condition of the property and the general welfare of the area.

However, it is equally recognized that lighting, by virtue of its intensity, brightness, direction, duration and hours of operation, can constitute a nuisance to adjacent residential dwellings.

It is the intent of the City Council in adopting this chapter to encourage the continued and appropriate use of lighting for the purposes set forth hereinabove, but to require that such lighting be regulated and controlled in a manner so as to avoid the creation of a public nuisance in residential areas.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.020 Industrial or commercial operations.

It is unlawful for any commercial or industrial operation to display lights in such a manner so that the beams or the rays from the light source shall be directed to and unshielded from adjacent residential properties. All light sources used for advertising, security or safety purposes shall be arranged or shielded in such a manner that they will not constitute a public nuisance for residential property owners.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.030 Residential district.

It is unlawful for any person in a residential zone to maintain lighting upon premises under his or her ownership or control for any purpose between the hours of eleven p.m. and six a.m. in a manner so that the beams, rays, reflections or diffusions from such lighting spill out, over, or onto adjoining or neighboring residential properties, as defined in this title, so that such lighting, by its degree of intensity or duration of operation, interferes with the peaceful enjoyment of the property of such adjoining or neighboring landholders and unnecessarily or unreasonably disturbs the comfort and repose of such landholders. Protective security lighting, landscape lighting or architectural highlighting, properly directed and shielded, may be operated at all hours of the night.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.040 Lighting plans.

For projects requiring site plan review, lighting plans shall be submitted to the Community Development Department for approval prior to installation of the lighting. Should the Community Development Department disapprove the plans, appeals may be taken to the Planning Commission. The determination of the Planning Commission shall govern, unless appealed to the City Council.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.050 Complaints-Investigation-Notice-Hearing.

Upon the written complaint setting forth the particulars concerning any offending lighting situation by such adjoining or neighboring residential property dwellers to the Community Development Director, it shall be the duty of the Community Development Director to investigate or cause to be investigated the basis of the complaint, and if there is found to be sufficient cause for the complaint which constitutes a nuisance to the adjoining or neighboring property owners, a written notice shall be sent to the owner or person controlling such lighting, directing that the lighting be modified, discontinued or abated within fifteen days of receipt of the notice. If the lighting situation has not been discontinued or abated as required herein, the Community Development Department shall refer the matter to the City Attorney, who shall initiate nuisance abatement proceedings in accordance with the provisions of Chapter 1.16 of this code.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.060 Unshielded lighting deemed misdemeanor when.

Lighting which is unshielded or so directed as to focus the beams directly upon adjacent residential property is prohibited at all times, and such use of lighting shall constitute a misdemeanor subject to the penalties set forth in this code.

(Ord. 601 § 1, 1983; Ord. 94-884)

Imperial Beach City Zoning Code

CHAPTER 19

56 LIGHTING REGULATIONS

§ 19.56.010 Purpose and intent of provisions.

It is the purpose and intent of this chapter to provide reasonable restrictions and limitations upon the use of lighting in or near the residential zones of the City so as to prevent lighting from creating a nuisance to residents within such residential zones. It is recognized that lighting is widely used in commercial zones for the purpose of advertising and security and that such lighting is essential to the conduct of many commercial or industrial enterprises.

The City Council acknowledges that protective security lighting in residential zones constitutes a deterrent to crime and an aid in law enforcement and contributes generally to the safety of those persons residing in such residential zones. It is further accepted that properly controlled lighting in residential areas used for landscaping and highlighting of architectural features of buildings and structures enhances and promotes the aesthetic condition of the property and the general welfare of the area.

However, it is equally recognized that lighting, by virtue of its intensity, brightness, direction, duration and hours of operation, can constitute a nuisance to adjacent residential dwellings.

It is the intent of the City Council in adopting this chapter to encourage the continued and appropriate use of lighting for the purposes set forth hereinabove, but to require that such lighting be regulated and controlled in a manner so as to avoid the creation of a public nuisance in residential areas.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.020 Industrial or commercial operations.

It is unlawful for any commercial or industrial operation to display lights in such a manner so that the beams or the rays from the light source shall be directed to and unshielded from adjacent residential properties. All light sources used for advertising, security or safety purposes shall be arranged or shielded in such a manner that they will not constitute a public nuisance for residential property owners.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.030 Residential district.

It is unlawful for any person in a residential zone to maintain lighting upon premises under his or her ownership or control for any purpose between the hours of eleven p.m. and six a.m. in a manner so that the beams, rays, reflections or diffusions from such lighting spill out, over, or onto adjoining or neighboring residential properties, as defined in this title, so that such lighting, by its degree of intensity or duration of operation, interferes with the peaceful enjoyment of the property of such adjoining or neighboring landholders and unnecessarily or unreasonably disturbs the comfort and repose of such landholders. Protective security lighting, landscape lighting or architectural highlighting, properly directed and shielded, may be operated at all hours of the night.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.040 Lighting plans.

For projects requiring site plan review, lighting plans shall be submitted to the Community Development Department for approval prior to installation of the lighting. Should the Community Development Department disapprove the plans, appeals may be taken to the Planning Commission. The determination of the Planning Commission shall govern, unless appealed to the City Council.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.050 Complaints-Investigation-Notice-Hearing.

Upon the written complaint setting forth the particulars concerning any offending lighting situation by such adjoining or neighboring residential property dwellers to the Community Development Director, it shall be the duty of the Community Development Director to investigate or cause to be investigated the basis of the complaint, and if there is found to be sufficient cause for the complaint which constitutes a nuisance to the adjoining or neighboring property owners, a written notice shall be sent to the owner or person controlling such lighting, directing that the lighting be modified, discontinued or abated within fifteen days of receipt of the notice. If the lighting situation has not been discontinued or abated as required herein, the Community Development Department shall refer the matter to the City Attorney, who shall initiate nuisance abatement proceedings in accordance with the provisions of Chapter 1.16 of this code.

(Ord. 601 § 1, 1983; Ord. 94-884)

§ 19.56.060 Unshielded lighting deemed misdemeanor when.

Lighting which is unshielded or so directed as to focus the beams directly upon adjacent residential property is prohibited at all times, and such use of lighting shall constitute a misdemeanor subject to the penalties set forth in this code.

(Ord. 601 § 1, 1983; Ord. 94-884)