Section 8.04 Permanent and Temporary Exemptions
A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to the effective date of this chapter are nonconforming indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration (after abandonment of outdoor light fixtures) shall be made unless it thereafter conforms to the provisions of this chapter.
B. Governmental Facilities: Those facilities and lands owned, operated or protected by the U.S. federal government, the State of Arizona, or Maricopa County, are exempted from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is urged. Town outdoor lighting facilities shall adhere to the following requirements:
1. When new town-owned buildings and other facilities are constructed, or new town rights-of-way are established, the installation of new outdoor lighting fixtures shall be allowed only when (a) a specific need related to a hazardous nighttime situation is identified by the Town or (b) lighting is deemed necessary as a matter of ensuring public health, safety and welfare, and is in the best interest of the Town and the community.
2. When existing town-owned buildings, other facilities and town rights-of-way are modified by physical alterations and/or by a change of use, the installation of new outdoor lighting fixtures beyond existing installations shall be allowed only when (a) a specific need related to a hazardous nighttime situation is identified by the Town or (b) lighting is deemed necessary as a matter of ensuring public health, safety and welfare, and is in the best interest of the Town and the community.
3. Except as set forth in this section, with the establishment of any new residential subdivision where street rights-of-way will be dedicated to the Town, the Town shall not allow the installation of streetlights. However, in cases where it is determined that street lighting is deemed necessary in public rights-ofway for the health, safety or welfare of pedestrians, bicyclists and/or motorists, the installation of street lighting shall be permitted. All lighting so installed shall: (a) be fully shielded; (b) meet correlated color temperature requirements; (c) make use of appropriate adaptive controls; and (d) be subject to curfews as directed by the Town council.
C. Special Exemption: The Zoning Administrator may grant a special exemption from the requirements of Section 8.03 only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.
D. Utility Exemption: Utility companies entering into a duly approved contract with the Town of Fountain Hills in which they agree to comply with the provisions of these regulations, shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures.
E. Temporary Exemptions:
1. Request: Any individual may submit a written request (on a form approved by the Zoning Administrator) for a temporary exemption to the requirements of this chapter, such exemption to be valid for days, renewable at the discretion of the Zoning Administrator.
2. The request for temporary exemption(s) shall provide:
a. Specific exemptions(s) requested.
b. Type and use of outdoor light fixture for which exemption is sought.
c. Duration of the requested exemption.
d. Type of lamp(s) and calculated lumens.
e. Total wattage of lamp(s).
f. Proposed location.
g. Previous temporary exemptions, if any.
h. Physical size of outdoor light fixture and type of shielding to be provided.
3. In addition to the above data, the Zoning Administrator may request any additional information, which would assist in evaluating the request.
4. The Zoning Administrator shall make a decision on the application and shall notify the applicant of the decision within 10 days of receipt of a complete application. The exemption shall be granted upon a determination that the type and use of the outdoor light fixture is the for the shortest period of time and the minimum lumens needed for the intended purpose and shall not be detrimental to persons residing or businesses operating within a reasonable distance from the use location.
F. Special Events: Events that are approved through the special event permit, special use permit, temporary use permit, or administrative use permit processes may include specified exemptions from this chapter for the duration of the event, but only if they satisfy the criteria set forth above in subsection (E)(4).