§ 106-33. Nonconforming fixtures.

(a)

For purposes of this section the term "lot" is hereby defined as a lot or parcel of land which is developed and served by a utility provider which will bill and collect for the street light service on behalf of the county.

(b)

The lawful use and maintenance of fixtures existing at the time of enactment of the original ordinance from which this article is derived, February 27, 1979, or subsequent amendment of this article, may be continued, even though such fixtures do not conform to the provisions of this article, provided that:

(1)

A petition for the replacement of such nonconforming fixtures with the same or similar nonconforming fixtures is circulated in accordance with the provisions set forth in section 106-48. The petition shall include the cost to each lot owner for such fixtures and the then current monthly standard charge language indicating the acknowledgment and understanding of those signing the petition that the fixtures to be installed are nonconforming. The petition shall be signed by 75 percent of the street light district residents and submitted to the department; and

(2)

The cost of replacing the nonconforming fixtures shall be borne by the lot residents or lot owners within the street light district and shall be equal to the actual cost incurred by the department to replace the nonconforming fixtures; and

(3)

The fixtures have not previously been replaced with standard conforming fixtures.

Where less than 75 percent of the street light district residents sign the petition, the department shall replace the street lights in accordance with the standards provided by this article.

(Ord. of 7-27-95; Amd. of 3-22-11)