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HomeMy WebLinkAbout4010Ordinance Na. 40I0 AN ORDINANCE ADDING SECTION 24-241 ,ENTITLED OUTDOOR LIGHTING IN RESIDENTIAL AREAS, TO ARTICLE IV OF CHAPTER 24 OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains as follows: Section 1. Section 24-241 is added to Article IV, entitled "General Development Regulations" of Chapter 24, entitled "Zoning", of the Butte County Code to read as follows: 24-241 Outdoor Lighting in Residential Areas (a) Purpose. The purpose of this section is to provide minimum requirements for outdoor lighting in residential areas in order to reduce light trespass and glare, and to protect the health, property, and well being of Butte County residents and visitors. (b) Definitions. The definition of terms in this section shall be as follows: (1) Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such f 1XtureS. {2) Adequately shielded. Shielding of a light fixture by opaque components or materials, such that light rays are limited to the parcel of origin, and the light source is not visible from another property or public right-of--way. (3) Glare. Intense ar blinding light. (4) Light fixture. A complete lighting unit consisting of one or more lamps, the lamp holder, any reflector or lens, and any other components or accessories. (5) Light source (lamp). An electrical bulb, tube, diode, or other device that produces artificial light or illumination. (6) Light trespass. Light falling across a property line onto another lot or parcel of land or onto a public right-of way. (c) Applicability. (1) The requirements of this section shall apply to all outdoor lighting on parcels zoned AR through AR-10 (Agricultural Residential}; A-SR (Agricultural Suburban- Residential); FR-1 through FR-160 (Foothill Recreational); M-R (Mountain or Recreation Subdivisions-Residential); R-1 through R-4 (Residential); R-N (Residential Nonconforming}; RT-1 through RT-IA (Residential-Mobile Home); SR through SR-5 (Suburban Residential); TM-1 through TM-160 (Timber Mountain); and U {Unclassified). This section does not apply to lighting at publicly owned facilities, including public rights-of--way. (2) New Development. All outdoor lighting installed after the effective date of this ordinance shall be in conformance with this section, and with other applicable standards and requirements. {3)Non-Conforming Light Fixtures. Outdoor lighting existing on the effective date of this ordinance that does not meet the requirements of this section shall be brought into compliance or removed as follows: a. Within three (3) months of the effective date of this ordinance, where re-direction of the light fixture is feasible and will bring the light fixture into compliance; or b. Within six (6) months of the effective date of this ordinance, in all other cases. (4) Compliance with Lighting Standards. Light fixtures not meeting the standards of this section. shall be brought into compliance in any of the following ways: a. Re-direction of the light fixture; b. Shielding of the lamp; c. Redesign or relocation o£ the light f xture; d. Replacement of the light fixture with a conforming fixture; or e. Removal of the light fixture. (d) Standards. All outdoor lighting in residential areas shall be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of way, as illustrated in Figures 1 and 2. Figure 1. Inadequate vs. Adequate Shielding Inadequate Flxtules that propuce glare antl IIghF trespass ~~ C-.. Unsnlettled Flodtllights or Poorlyshielded Floodlights ~ ~ ~~ Unsh:ettletl 4ValEpa[ks b 8 Unsn:elpep Or ~ ,ro:r ~, Poorly-shlelpcd YJau i,.ec-' ~ tlount Fixtures ~~^a ~ rn-, Drop•Lens & Sag•Lens FIxlu4es vrr exposed uulu t refractor Sens Unshlelde6 Streetlight -~_~ Unshielded 'Period' Shale Flxtures 7 Unshieldetl ~ Security Llghl ~ ~ ~Y~ ... ti Unshle:dEd PAR Drop-{.ens Candpy =loodfigl4[s fxiures Adequate Flxtures that shield the light source to mfnlmize glare antl Ight trespass and t0 facllltale ueller vision at nigh[ ~~:.~, Futl Cutof[ Flxtures Fully Shielded Fully Shielded YJalk4vay LYaIIpaCk $ ~Yall ~ BolEards fdount Fixtures , ~-~I~~ ,f ; ~~- -••4`~~'~•-' FullyShieltletlFlxlures Full Culott Streeulght Fully Sl4ieltled °Period' style ~~ Flxtures .~==;~, cpx+~, ~ro Full} SMlelded Severity Light m_ Shielpep t Properly-pimzd Ftush t.louniztl Canapy PAR Fldotllighl5 ~ s B{ sfi7 Source: Dark Sky Society Figure 2. Light Source Not Directly Visible Outside Property Perimeter (e} Exemptions. The following types of lighting are exempt from the requirements of this section: (l }Holiday and temporary lighting (less than thirty (30) days in any one year); and (2) Temporary lighting used by law enforcement or emergency personnel to protect life or property. (f) Security lighting. Security lighting triggered by motion or noise shall be permitted subject to all of the provisions of this section. Sensors for such lighting shall not be triggered by activity located outside the subject property. (g) Prohibited Lighting. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited. (h) Enforcement. Any person who violates any of the provisions of this section shall be subject to the provisions of Chapter 41, entitled "Code Enforcement Policies and Procedures," of this code. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30} days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shaIi be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Enterprise Record, a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Baazd of Supervisors of the County of Butte, State of California, on the 27th day of October, 2009, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yanraaguchi and Chair Connelly NOES: NIA ABSENT: NIA NOT VOTING: NIA ~,i, . ~ J Bill Connelly, Chair of the Butte County Board of Supervisors Arr~crr. Gn lnt ant By