Any new lighting installed after the effective date hereof shall be in compliance with the requirements of this chapter. Any lighting in existence before the effective date hereof that does not comply with its requirements shall be considered legally noncomplying and may remain, subject to the following provisions:
A. Alterations To Existing Lighting:
1. When poles and support structures are removed and replaced for reasons other than acts of God or accidents, they must be replaced with luminaries, poles and supports that comply with this chapter; and
2. When luminaries are replaced, they must be replaced with luminaries that comply with all provisions of this chapter.
B. Removal And Replacement Of Parking Lot Surface: When less than fifty percent (50%) of the gross area of the parking lot surface on a particular site is removed and replaced, only the parking area replaced must be provided with lighting in compliance with this chapter. If greater than fifty percent (50%) of the parking area on a particular site is removed and replaced at one time, the entire parking lot on the site where the construction activity occurs must be in full compliance with this chapter. A parking lot or portion thereof is "removed and replaced" when any portion of the existing parking surface material is removed and a new surface is installed.
C. New Parking Lots Or Parking Lot Additions: When a new parking lot or addition to an existing parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with this chapter.
D. New Structures, Additions Or Replacements: When a site is improved with new structures, or additions to or replacements of existing structures, the lighting for the new structure, addition or replacement on the site must be upgraded with compliant lighting. The parking lot lighting must be upgraded with compliant lighting over a portion of the parking area that is equivalent to the amount of parking that would be required for the new structure, addition or replacement. In the event that the new structure, addition or replacement is accompanied by new or replaced parking area, the amount of upgraded lighting area shall be that required under this chapter.
E. Change Of Type Of Occupancy: When the type of occupancy of a site is changed, the lighting for the site shall be upgraded to comply with this chapter for the structure and the parking lot shall be upgraded for the required parking for the occupancy as established in this title. For the purpose of determining the type of occupancy of a site, the occupancy classifications of this code shall be utilized.
F. Unoccupied Sites: When a site has been unoccupied for a period of one year, the lighting shall be upgraded to fully comply with this chapter prior to any reoccupation of the site.
G. Development Application: When a development application is made for a site, the village board may, as a condition of approval, require compliance with any or all of the performance standards of this chapter, and the extent of compliance required in such cases may be greater than that otherwise required in this chapter, if deemed reasonably necessary to protect the public health, safety, or welfare and to achieve the proposes of this chapter. (Ord. 1301, 3-15-2004)