Chapter 17.32

All land uses activities, and processes shall be operated and maintained to not be injurious to public health, safety, or welfare, and to comply with the following standards. [Source: 17.20.030]

No visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site. [Source: 17.20.030.A]

The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code. [Source: 17.20.030.B]

No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site in which the ground vibration is being generated, except for motor vehicle operations. [Source: 17.20.030.C]

• A. Purpose. The purpose of this section is to establish standards and a process for review of outdoor lighting to achieve the following:

  1. Implement the General Plan;

  2. Protect wildlife;

  3. Provide lighting that promotes the health, safety, security, and welfare of residents;

  4. Prevent and minimize light pollution and overlighting;

  5. Provide standards for energy efficient lighting;

  6. Provide standards that can evolve according to advancements in technology; and

  7. Promote lighting practices and systems which conserve energy, decrease dependance on fossil fuels, and limit greenhouse gas emissions consistent with the General Plan, Sonoma County Regional Climate Action Plan, California Global Warming Solutions Act, and other applicable State and Federal laws. [Source: 17.20.030.D.1, modified]

• B. Applicability. Excluding fixtures established in Subsection 17.32.050.D (Exempt Lighting), all outdoor lighting fixtures installed after the effective date of this Zoning Code shall comply with the standards established in this section. [Source: NEW]

• C. Outdoor Lighting on Public Property. The Town Engineer shall determine outdoor lighting and glare standards for property in the public right-of-way or Town-owned property in compliance with the ANSI Design of Roadway Facility Lighting. [Source: NEW]

• D. Exempt Lighting. The following lighting fixtures and applications are exempt from the standards established in this section:

  1. Indoor lighting; [Source: NEW]

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2. Seasonal and holiday lighting; [Source: NEW]

3. Lighting within the public right-of-way and public property; [Source: NEW]

4. Construction or emergency lighting provided such lighting is temporary and is discontinued upon completion of the construction work or termination of the emergency; and [Source: NEW]

5. Aircraft navigation lights. [Source: NEW]

• E. Lighting and Glare Standards. All outdoor lighting fixtures subject to the standards established in this section shall comply with the following lighting and glare standards:

  1. LED Lighting Required. All outdoor lighting fixtures shall implement light emitting diode (LEDs) light sources. The use of incandescent, halogen, metal halide, mercury vapor, high- or low-pressure sodium lamps, or any other similar non-semiconductor light source is prohibited. [Source: NEW]

  2. Prohibited Lights. Except for those light fixtures allowed under Subsection 17.32.050.D (Exempt Lighting), above, strobe lights, flashing lights, and laser illumination, are prohibited. [Source: NEW]

  3. LED Retrofitting. A certified lighting plan showing compliance with the standards established in this section shall be submitted to the Director before the replacement or retrofit of lighting fixtures formerly used for non-LED lights with LED lighting. [Source: NEW]

  4. Lighting Color (Chromaticity). The correlated color temperature of any outdoor light fixture shall not exceed three thousand (3,000) Kelvin. [Source: NEW]

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5. Hours of Operation. All outdoor light fixtures shall comply with the following operational standards:

   • a. Light Curfew. Light fixtures installed after the effective date of this Code shall be turned off no later than 11:00 p.m. or when people are no longer present in exterior areas, whichever is later, except for lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at building entrances, recesses, passageways, circulation areas, parking areas, and driveways. The Review Authority may modify this requirement when additional lighting hours are recommended by the Police Chief in order to ensure/improve safety based on considerations, such as the use of the property, location, etc. [Source: NEW]

   • b. Light Activation. Light fixtures may be turned on no earlier than one (1) hour before sunset. [Source: NEW]

6. Automated Lighting Control Systems. Automated lighting control systems, such as motion sensors and timers, shall be used to meet the light curfew requirements established in Paragraph E.5, above. Photocells or photocontrols shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available. Automated controls should be fully programmable and supported by battery or similar backup. The Review Authority may modify this requirement when additional lighting hours are recommended by the Police Chief in order to ensure/improve safety based on considerations, such as the use of the property, location, etc. [Source: NEW]

7. Maximum Lumens. Each light fixture shall be limited to a maximum brightness of eight hundred fifty (850) lumens. [Source: NEW]

ZONING CODE

17.32.050

8. Glare Control. All outdoor light fixtures shall comply with the following light and glare control standards:

   • a. To minimize sky glow, glare, and light trespass onto adjacent properties, light fixtures shall be indirect or diffused and directed downward, away from adjacent properties and public rightsof-way, and [Source: 17.20.030.D.4, modified]

   • b. Light fixtures shall have "house side" reflectors to minimize glare. [Source: 17.20.030.D.4, modified]

9. Light Shielding. All outdoor light fixtures shall be fully shielded and installed and maintained in such a manner that the shielding does not:

   • a. Allow light trespass more than those amounts set forth in Subparagraph E.8.b, above; and [Source: NEW]

   • b. Allow the direct observation of the light source from an abutting parcel. [Source: NEW]

10. Fixture Height. Outdoor light fixtures shall be limited to a maximum height of twenty (20) feet above finished grade or the height of the nearest structure on the parcel, whichever is less. [Source: 17.20.030.D.6]

11. Allowable Light Trespass. Lighting shall not cause light trespass exceeding the following amounts, measured with a light meter oriented vertically or horizontally at the property line of the property on which the light is trespassing: [Source: NEW]

• a. Residential Properties. The maximum light trespass onto residential uses and properties shall not exceed 0.3 footcandles. [Source: NEW]

• b. Nonresidential Properties. The maximum light trespass onto nonresidential uses and properties shall not exceed 0.5 foot-candles. [Source: NEW]

• F. Director Authority. To ensure compliance with the standards established in this section, the Director may make any of the following actions: [Source: NEW]

  1. Replacement and Removal. Require fixture replacement or removal if it is determined that glare and light trespass thresholds exceed the maximum trespass amounts established in this section; and [Source: NEW]

  2. Modification to Standards. Waive or modify any lighting standard when the following findings are made, based on substantial evidence:

     • a. There are unique circumstances affecting the subject property that make it infeasible or impractical to comply with strict application of the lighting standards detailed in this section; [Source: NEW]

     • b. The proposed waiver or modification will achieve the purpose and intent of this section, and [Source: NEW]

     • c. The proposed waiver or modification will not conflict with the General Plan. [Source: NEW]

• G. Conflict with Other Laws. In the event the standards in this section conflict with Federal or State law, this section shall be applied in a manner intended to carry out all provisions of law to the maximum extent feasible. When there is an irreconcilable conflict between the standards of this section and the requirements of Federal or State law, the provisions of Federal or State law shall prevail over the standards contained in this section only to the extent necessary to avoid a violation of those laws. [Source: NEW]

• H. Violations and Enforcement. Any violation of the standards established in this section by any

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person shall be subject to the enforcement provisions of Chapter 17.76 (Enforcement). [Source: NEW]

No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the North Coast Regional Water Quality Control Board. [Source: 17.20.030.E]

• A. Applicability. The following noise standards and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically provided for as established in this title. [Source: NEW]

• B. Noise Measurement Criteria. Exterior noise levels shall be measured at the property line of the noise source. Noise measurement shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. [Source: 17.20.030.F.1]

• C. Maximum Noise Levels. No use, activity, or process shall exceed the maximum allowable noise standards established in Table 17.32-01 (Maximum Noise Level by Land Use). Noises shall be reduced by five (5) dB(A) for impulse or simple tone noises, or for noise consisting of speech or music. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard. [Source: 17.20.030.F, Table 3-1 Notes (1), modified]

Table 17.32-01

Maximum Noise Level by Use

• D. Ambient Sound Levels or New Development. All new development that causes the ambient sound levels of abutting properties to rise more than five (5) dB(A) shall be required to incorporate conditions and design modifications to reduce the potential increase in the noise environment, subject to the Director's approval. [Source: General Plan Policy PHS-8.1, modified]

• E. Exterior Noise Standards. Exterior noise levels, when measured at any receiving property,

shall conform to the noise level standards identified in Table 17.32-01 (Maximum Noise Level by Land Use).

1. If the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted to equal the ambient noise level. [Source: 17.20.030.F.2.a]

2. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise

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level standards identified in Table 17.32-01 (Maximum Noise Level by Land Use). [Source: 17.20.030.F.2.b]

• F. Conflicts with Late Night, Early Morning, or Twenty-four-hour Operations. Nonresidential activities shall not impact surrounding residential land uses (i.e., single-, multi-unit, and mobile home parks). [Source: 17.20.030.F.3]

• G. Construction Hours Allowed. In order to allow construction schedules to take advantage of the weather, normal day light hours, to allow construction to proceed in an efficient manner, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the Town has adopted, in the Municipal Code of the Town of Windsor, Title VII Building and Housing Section 7-1-190 which establishes construction working hours related to the days and hours in which construction activity can occur. In addition, the Municipal Code has established procedures for seeking relief from the restrictions. Construction hours and days and any relief sought shall comply with the Municipal Code of the Town of Windsor. [Source: 17.20.030.F.4]

• H. Prohibited Acts. The following acts shall be a violation of this section: [Source: 17.20.030.F.5]

  1. Places of Public Entertainment. Operating or allowing to be operated, any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceed ninety-five (95) dB(A) at any point normally occupied by a customer; [Source: 17.20.030.F.5.a]

  2. Sound Amplification Devices in Residential Zones. The use of sound amplification devices (e.g., bull horns, microphones, musical instruments, speakers, etc.) that exceed a sound level of forty-five (45) dB(A) in a residentially zoned area is prohibited; [Source: General Plan Policy PHS—8.2, modified]

  3. Alarms. Sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm that run continuously for a sufficient time to become a nuisance; and [Source: 17.20.030.F.5.b]

  4. Residential Air Conditioning, Refrigeration, and Heating. A residential air conditioning or refrigeration system, heating system, or associated equipment installed after the effective date of this section shall comply with the requirements in Table 17.32-01 (Maximum Noise Level by Land Use). [Source: 17.20.030.F.5.c]

• I. Exempt Activities. The following are not subject to the noise limitations of this section: [Source: 17.20.030.F.6]

  1. Emergencies. Sound for alerting persons to the existence of an emergency or in the performance of authorized emergency work; [Source: 17.20.030.F.6.a]

  2. Warning Devices. Warning devices, necessary for the protection of public safety (e.g., ambulance, fire, and police sirens); [Source: 17.20.030.F.6.b]

  3. State or Federal Preempted Activities. Any activity regulated by State or Federal law; [Source: 17.20.030.F.6.c]

  4. Public Health, Safety, and Welfare Activities. Construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, safety, and welfare; [Source: 17.20.030.F.6.d]

  5. Town Code Provisions. Where noise standards are specified elsewhere in the Town Code; [Source: 17.20.030.F.6.e]

  6. Town Parks. Public agency sanctioned recreational activities and programs conducted in public parks; or [Source: 17.20.030.F.6.f]

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7. Solid Waste Collection. Noise sources associated with the authorized collection of solid waste (i.e., refuse and garbage). [Source: 17.20.030.F.6.g]