(A) Upon finding that strict application of the standard would not forward the purposes of this chapter or otherwise serve the public interest, or that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree, the City Council may modify, waive or vary the standards set forth in this chapter. Further, the Council may impose conditions on such a modification, waiver or variation which it deems appropriate to further the purposes of these outdoor lighting regulations.
(B) Prior to considering a request to modify, waive or vary, a written notice shall be provided to the owner or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the City Council will consider the request, which shall be at least 30 days after the receipt of the notice.
(C) No existing outdoor lighting fixture which was lawfully installed prior to the enactment of this chapter shall be required to be removed or modified, except as follows:
(1) Lighting found by the Mayor to create public hazard can be ordered removed or re-aimed at any time.
(2) No modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this chapter.
(3) In the event that an outdoor lighting fixture is abandoned, or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this chapter.
(4) Any light not in compliance with this chapter 15 years hence shall be immediately brought into compliance.
(Ord. 399-1999, passed 7-19-99)