6(a) American Flag Illumination - Discussion

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within one year, the entire parking lot or lots on the site where the construction activity occurs must be brought into full compliance with this Section within 30 days of parking lot completion. A parking lot or portion thereof is "removed and replaced"when any portion of the existing parking surface material is removed and a new surface is installed. (3) New parking lots or parking lot additions. When a new parking lot or addition to an existing parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with Section 21.301.06 of this Code. (4) New structures, additions, or replacements. When a site is improved with new structures or additions to or replacements of existing structures, the lighting for the new structure, addition or replacement on the site must be upgraded with complying lighting and the parking lot lighting must be upgraded with complying lighting over a portion of the parking area that is equivalent to the amount of parking that would be required for the new structure, addition or replacement by Section 21.301.06 of this Code. In the event the new structure, addition, or replacement is accompanied by new or replaced parking area, the amount of upgraded lighting area must be that required under this subparagraph (4), or that required under the combination of Section 21.301.07(h)(2) and (3), whichever is greater. (5) Change of type of occupancy. When the type of occupancy for a portion or entire site or structure is changed, site lighting must be upgraded throughout the site, as necessary, to comply with this Section for the structure, or portion thereof, and the parking lot be upgraded for the required parking for the occupancy as established in Section 21.301.06 of this Code. For purposes of determining the type of occupancy of a site, the occupancy classifications of the Minnesota State Building Code must be utilized. (6) Unoccupied sites. When a site has been unoccupied for a period of one year, the lighting must be upgraded to fully comply with this Section prior to any reoccupation of the site. (7) Conditions of approval. When a development application is made for a site, the City Council may as a condition of approval require compliance with any or all of the performance standards of this Section, and the extent of compliance required in such cases may be greater than that otherwise required under subdivision (d), if deemed reasonably necessary to protect the public health, safety or welfare and to achieve the purposes of this Section. (8) Nuisance conditions. Lighting that creates a public nuisance must be brought into compliance upon issuance of orders from the Issuing Authority. (i) Date for final compliance. Notwithstanding any of the above, all site lighting within the City must be in compliance with the minimum illumination levels at ground level as specified in Section 21.301.07 no later than December 31, 2018, unless the site or portion thereof ineets one of the following exemptions: (1) The site has an approved lighting plan with installation on or after August 19, 1996, and the lighting has been maintained at the levels on the approved plan; (2) Reserved; (3) The site has an approved lighting plan with installation prior to August 19, 1996, that documents illumination levels of no less than 75 percent of the illumination levels required in Section 21.301.07(C)(11) or(12)for the respective use, provided code complying light fixtures are used and illumination levels are maintained as per the approved plan; (4) The site or portion thereof is mapped and scheduled for acquisition by January 1, 2020, by a Federal, State or Local government agency. In the event that only a portion of the site is mapped, only that portion is exempt from compliance; (5) The site is planned for redevelopment prior to January 1, 2020, as evidenced by an approved Preliminary Development Plan; or (6) The City Council has approved a variance exempting compliance due to a hardship or special circumstance. Q) Flexibility Measures. Site lighting levels in a specific area may be reduced from the standards discussed above subject to the inclusion of the following Crime Prevention Through Environmental Design (CPTED) measures and approval by the City of Bloomington Police Department. These flexibility measures are limited to a total reduction in site lighting levels of 25 percent.