(A) Approved materials and methods of construction or installation/operation.
(1) The provisions of this section of this subchapter are not intended to prevent the use of any design, material or method of installation or operation not commercially available or specifically prescribed by this chapter, provided any such alternate has been approved.
(2) The Zoning Administrator or his or her designate may approve any such proposed alternate, provided that the alternate:
(a) Provides at least equivalence to the applicable specific requirements of this chapter; and
(b) Is otherwise satisfactory and complies with the intent of this chapter.
(B) Permits and development plan reviews.
(1) Whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage (residential or commercial), a use permit, subdivision approval or any development plan approval by the town, including all town projects, or whenever a person requests a rezoning, the applicant shall, as a part of the lighting permit application, submit sufficient information to enable the Zoning Administrator to determine whether the proposed lighting will comply with this chapter.
(2) All applications shall include the following:
(a) A site plan indicating the proposed location of all outdoor lighting fixtures;
(b) A description of each illuminating device, fixture, lamp, support and shield. This description may include but is not limited to manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs; and
(c) Such other information as the Zoning Administrator may determine is necessary to ensure compliance with this chapter.
(3) If the Zoning Administrator determines that the proposed lighting does not comply with this chapter, the permit shall not be issued or the plan approved.
(C) Temporary permits.
(1) The Zoning Administrator may grant a permit for temporary lighting if he or she finds all of the following:
(a) The purpose for which the lighting is proposed is not intended to extend beyond 30 days;
(b) The proposed lighting is designed in such a manner as to minimize light pollution as much as is feasible;
(c) The proposed lighting will comply with the general intent of this chapter; and
(d) The permit will be in the public interest.
(2) The Zoning Administrator shall rule on the application within five business days from the date of submission of the request and notify the applicant in writing of his or her decision. The Zoning Administrator may grant one renewal of the permit for an additional 30 days if he or she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Zoning Administrator is not authorized to grant more than one temporary permit and one renewal for the same property within one calendar year.
(D) Variances. Any person desiring to install an outdoor lighting fixture in violation of this chapter may apply to the Board of Adjustment for a variance from the regulation in question. Such variances shall be allowed only as provided by § 153.021. Commercial light installations that are removed or relocated during a building remodel will be required to meet the then current ordinance requirements.
(Ord. § 603(D), passed 9-4-2008)