(a) Lights brought into compliance. Any commercial lighting existing on the date of enactment of the ordinance from which this article is derived which does not conform to the requirements of section 36-111 shall be taken down and removed or brought into compliance by the owner, agent, or person having the beneficial use of the building, land, or structure upon which such lighting may be found within a period of ten years.
(b) Amortization. The amortization period for nonconforming commercial lighting is ten years. All commercial lighting must be in compliance by March 12, 2029.
(c) Repair of nonconforming lighting. Any commercial lighting existing on the date of enactment of the ordinance from which this article is derived shall not be repaired if 50 percent or more of the value of the fixture must be restored in order for it to be deemed in good repair; instead, such lighting shall be removed and a new lighting fixture which conforms to the regulations set forth by section 36-111 shall be erected. The 50 percent standard shall not be applicable to the retrofitting of fixtures to achieve conformance as per section 36-111.
(d) Relocation of nonconforming lighting. Any commercial lighting fixture existing on the date of enactment of the ordinance from which this article is derived exhibiting light trespass as per section 36-111(d) shall be taken down and removed or brought into compliance on or before March 12, 2029, by the owner, agent, or person having the beneficial use of the building, land, or structure upon which such lighting may be found.
(e) Emergency lighting. Emergency lighting, or lighting deemed essential by OSHA or any other regulatory agencies, to enhance worker safety in hazardous environments shall not be subject to the requirements of this section.
(f) Enforcement. Enforcement of the provisions of this section shall be as provided in section 36-431.
(Code 1989, § 92.119; Ord. No. 21-05-11, 5-11-2021)