9-12-6: APPLICABILITY; COMPLIANCE DATE:
A. The provisions of this chapter shall apply to all new "development" of real property (as that term is defined in section 9-1-5 of this title) which:
1. Involves new construction for which a development permit is required;
2. Involves the remodeling of an existing building or structure for which a development permit is required; provided, however, that compliance with the requirements of this chapter is required for a remodel of an existing building or structure only with respect to the remodeled portion of the existing building or structure; or
3. Involves the installation of new exterior light fixtures.
B. All commercial and residential outdoor lighting fixtures that were lawfully installed prior to July 1, 2007 but that do not comply with the requirements of this Chapter are declared to be legal nonconforming fixtures. All legal nonconforming fixtures may continue to be used and maintained after the adoption of this Chapter, but shall be brought into compliance with the requirements of this Chapter upon the first to occur of:
1. A determination by the Director that the legal nonconforming fixture constitutes a public hazard or nuisance;
2. The replacement of the legal nonconforming fixture; or
3. July 1, 2025.
Notwithstanding any other provision of this Chapter, all legal nonconforming fixtures shall be brought into compliance with the requirements of this Chapter not later than July 1, 2025.
4. Prior to July 1, 2025 a legal nonconforming fixture described in Section 9-12-6B may be brought into compliance with the requirements of this Chapter by the approval of such fixture as a retrofit fixture as defined in Section 9-12-7. Once approved as a retrofit fixture by the Director pursuant to Section 9-12-6B the fixture shall be deemed to be in compliance with the requirements of this Chapter.
C. All legal nonconforming decorative and bistro lighting may continue to be used and maintained after the adoption of the ordinance codified in this chapter, but shall be brought into compliance with the requirements of this chapter upon the first to occur of:
1. A determination by the director that the legal nonconforming fixture constitutes a public hazard or nuisance; or
2. April 30, 2012. (Ord. 21, Series 2007; amd. Ord. 30, Series 2010; Ord. 29, Series 2020)