(A) All new and replacement non-residential outdoor lighting installed after the effective date of this chapter shall comply with its provisions. All existing non-residential outdoor lighting that was legally installed before the effective date of this chapter, and that does not comply with the standards, rules and regulations shall be deemed nonconforming.
(B) Nonconforming existing outdoor lighting shall be brought into compliance with this chapter upon the earlier of:
(1) Five years from the effective date of this chapter.
(2) A property is the subject of an application for a conditional use permit, subdivision approval, site plan, building permit for new construction, building permit for remodeling 50% or more of a structure, or a building permit for an addition that increases the size of a building by 50% or more of the original square footage of the building or the structure remains vacant for a continuous period of six months. Such property in its entirety shall be brought into compliance with this chapter before final inspection, issuance of a certificate of occupancy, final plat recordation, or occupancy of the improvement, whichever is applicable.
(3) Any replacement of an outdoor lighting fixture is required to comply with the provisions of this chapter.
(4) With the exception of the foregoing provisions of this division (B), nonconforming outdoor lighting must immediately be removed or replaced to comply with this chapter and shall be subject to § 98.19.
(5) Variances. The City Council may hear appeals from the denial of a permit due to lack of conformance with this chapter. Criteria for granting such a variance is as stated in the state statute, V.T.C.A., Local Gov't Code § 211.008 et seq., as it may be amended.
(C) The foregoing provisions regarding nonconforming existing lighting shall not apply to the height of existing poles, nor be applied to require existing poles to be removed or lowered.
(Ord. 220712A, passed 7-12-2022)