Dobbins JLUS IMP Public Draft Light Pollution Study | Page 218

1 other property within the line of sight (direct or reflected) of the light source, or to any member o 1 shall make a determination within ten (10) business days from the date of the submission of the
2 the public who may be traveling on adjacent roadways or rights-of-way. 2 request and promptly notify the applicant in writing of his/her decision. Temporary relief shall no
3 (2) Residential pole lighting shall not exceed 12 feet in height. 3 exceed a period of 90 days. The Director's determination may be appealed to the Planning
4 (3) Nonconforming Lighting: Existing nonconforming outdoor lighting fixtures 4 Commission within 10 days of the decision. Should additional time be required, the request
5 shall be allowed continued use, except that the lighting shall not be structurally altered so as to 5 shall be forwarded to the Planning Commission for review and consideration through the
6 extend its useful life, aside from regular maintenance. Should the Land Use Services Director 6 Temporary Use Permit process and requirements.
7 or an authorized designee, determine that a nonconforming lighting fixture results in light 7 8 pollution or light trespass, the Land Use Services Director may require the light to either be 8 forward the request for temporary relief to the Planning Commission based upon the degree o
9 shielded, filtered, redirected, replaced with a less intense light source or otherwise modified 9 light pollution or light trespass, costs of correcting the light pollution or light trespass or other
0 (including removal if necessary) to eliminate the light pollution or light trespass. 0 similar issues.
1 2 determined that light pollution or light trespass exists, the Land Use Services Director, or an 2 determined that light pollution or light trespass exists, and that adjustment or removal of the
3 authorized designee, may grant additional time for the property owner to remedy the light 3 nonconforming light structure is required, the Land Use Services Director, or an authorized
4 pollution or light trespass where a hardship exists. In determining if a hardship exists, the 4 designee, shall fix a time for the adjustment or removal of the nonconforming lighting fixture
5 following factors shall be considered: 1) the degree of difficulty in accessing the fixture, 2) 5 commensurate with the investment value and related to the depreciated value of the lighting
6 financial difficulty or cost of correcting the light pollution or light trespass, 3) degree of light 6 fixture. Such determination may only be made after notice to the owner.
7 pollution or light trespass, or 4) other similar issues. When a hardship exists and a request for 7 8 temporary relief from the immediate compliance of a remedy action has been submitted to the 8 has determined the continued existence of a nonconforming light is detrimental to the public
9 Director of Land Use Services, the following findings must be made to grant the relief: 9 health, safety or general welfare, or is a public nuisance, the use of such light could be
There are special circumstances or conditions applying to 0 immediately terminated or abated in accordance with the following procedure. A public hearing
1 the land, building, or outdoor light fixtures for which temporary administrative relief is sought 1 before the Planning Commission shall be used to process this termination or abatement. A
2 which circumstances or conditions are peculiar to such land, buildings, or outdoor light fixtures 2 Notice of Termination and a copy of the findings shall be sent to the property owner at least
3 and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood. 3 thirty (30) days prior to the public hearing. Public notice shall be given in accordance with the
The granting of the temporary administrative relief wil 4 provisions of Section 83.010330 of this Code. If a termination is ordered, the Planning
5 generally be in harmony with the intent of this section and will not be injurious to the 5 Commission may provide for a reasonable period of time to amortize any lawful existing uses
6 neighborhood or otherwise detrimental to the public welfare. 6 on the site. Extensions of this time period may be granted for good cause shown on later
When a request for temporary relief has been submitted to the 7 application to the reviewing authority by any affected person.
Land Use Services Department in a hardship case, the Director, or an authorized designee 8
(I)
0
(II)
4
7
8
(B)
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(D)
The Land Use Services Director, or an authorized designee, may
In those cases where the Land Use Services Director has
1
(A)
(C)
(E)
In those cases where the Land Use Services Director has
Where the Land Use Services Director, or an authorized designee
Appendix A:
White Paper – Communities Addressing Light Pollution that Affect Nighttime Military Training