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Any person desiring to install an outdoor lighting fixture in violation of this Ordinance may apply to the Board of Adjustment for a variance from the regulations in question.

Such variances shall be allowed only as provided by Section 17-2-2.C of the Town Code. 8-12:8-120 Permits and Development Plan Reviews

A. Whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage, a Conditional Use Permit, subdivision approval or any development plan needing Town approval, including all Town projects, or whenever a person requests rezoning, the applicant shall, as a part of said application, submit sufficient information to enable the Community Development Director to determine whether the proposed lighting will comply with this Ordinance. All commercial remodeling, or expansion of current buildings will be subject to review and action by the Design Review Board and must comply with Ordinance.

B. All applications, except those for single family residences, shall include the following:

1. A site plan indicating the proposed location, type and size of all outdoor lighting fixtures;

2. A description of each illuminating device, fixture, lamp, support and shied. This description may include, but is not limited to, manufacturer’s catalog cuts and drawings (including sections where required), lamp types and lumen outputs: and

3. Such other information as the Community Development Director may determine is necessary to ensure compliance with this Ordinance. For large developments this may include a shingle detailed sheet which specifically lists all fixtures and outputs for the entire project to enable the Community Development Department to determine compliance to this Ordinance.

C. If the Community Development Director determines that the proposed lighting does not comply with this Ordinance, the permit shall not be issued or the plan approved. (Prior code §  8-11)