§ 8109-4.7.2. Existing lighting.

Any outdoor luminaires installed as of November 1, 2018 that do not comply with any standard or requirement of Section 8109-4.7.4 are subject to the following requirements, as applicable:

a.

The provisions of Article 13 shall not apply to any lighting subject to this Section 8109-4.7.

b.

Non-Essential Luminaires. Except for lighting subject to subsection (d) below, existing non- essential luminaires may remain in use until replaced, but shall comply with the following requirements as of November 1, 2019:

(1)

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

(2)

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

c.

Essential Luminaires. Except for lighting subject to subsection (d) below, existing essential luminaires may remain in use until replaced, including during dark hours as described in Section 8109-4.7.4(d). As of November 1, 2019, existing essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

d.

Existing Outdoor Lighting for Commercial and Industrial Uses in Commercial and Industrial Zones. Existing outdoor lighting installed for commercial and industrial uses in a commercial or industrial zone are subject to the following:

(1)

Non-Essential Luminaires. Non- essential luminaires shall comply with the following requirements as of November 1, 2019:

i.

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

ii.

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

(2)

Essential Luminaires. As of November 1, 2019, essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

(3)

All Luminaires. All luminaires shall either comply with the standards and requirements of Section 8109-4.7.4 as of November 1, 2021, or shall be turned off during dark hours as described in Section 8109-4.7.4(d) after this date. An extension of this November 1, 2021 deadline may be sought by submitting a written request to the Planning Division. Non-compliant, non-essential luminaires shall remain turned off during dark hours while the request is pending. Upon demonstration of good cause for providing additional time to comply with the applicable standards and requirements of Section 8109-4.7.4, the Planning Director may extend the 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.

(4)

Permitted Facilities. Notwithstanding subsection (d)(3) above, all existing lighting approved in conjunction with a use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use past November 1, 2021, subject to the applicable requirements of subsections (d)(1) and (d)(2) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting conforms to the standards and requirements of Section 8109-4.7.4, with the replacement lighting to be phased in within a reasonable time period past November 1, 2021.

(Ord. No. 4528, § 5, 9-25-2018)