§ 8109-4.7.6. Deviation from standards and requirements.

a.

The Planning Director may authorize deviations from any standard or requirement of this Section 8109-4.7 during the processing of an application for a discretionary permit or approval. The decision to authorize each deviation must include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.

b.

The request shall state the circumstances and conditions relied upon as grounds for each deviation, and shall be accompanied by the following information and documentation:

(1)

Plans depicting the proposed luminaires, identifying the location of the luminaire(s) for which the deviation is being requested, the type of replacement luminaires to be used, the total light output (including lumens, kelvin, etc.), and the character of the shielding, if any;

(2)

Detailed description of the use of proposed luminaires and the circumstances which justify the deviation. The description shall include documentation supporting the making of the required findings of fact as stated in subsection (a) above;

(3)

Supporting documentation such as a lighting plan, if requested; and

(4)

Other data and information as may be required by the Planning Division.

(Ord. No. 4528, § 5, 9-25-2018)