(a) Compliance Period. Notwithstanding the provisions in Chapter 84.17 (Nonconforming Uses and Structures), a property owner shall comply with the requirements of this chapter by the compliance deadlines set forth in paragraphs (1) or (2). Any non-compliant lighting still in place after the compliance deadline shall remain extinguished at all times, except for lighting provided for security or safety purposes.
(1) Outdoor lighting in commercial and industrial land use zoning districts shall comply within 18 months from the effective date of this ordinance.
(2) Outdoor lighting in all remaining land use zoning districts shall comply within 24 months from the effective date of this ordinance.
(b) Extension. Notwithstanding subdivision (a), a property owner may submit a written request to the Director for an extension of the deadline, which shall clearly detail why an extension is needed. Upon demonstration of good cause for providing a property owner additional time to comply with the requirements of this section, the Director may extend the property owner's time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance established herein. In no instance shall the Director issue an extension of the compliance period in excess of one year. The decision of the Director shall be appealable pursuant to the same provisions and procedures as set forth in subdivision (a) of § 81.02.020.
(c) Change of Use. If a property with non-compliant lighting changes use after the effective date, then all outdoor lighting shall be brought into compliance with this chapter, either by the property owner or tenant before the new use begins.
(Ord. 4419, passed - -2021)