Schedule A of the City of Windsor Property Standards Bylaw 9-2019 addresses Lighting in various Sections:
Part 1 - Standards for all Properties
- o 1.31 Lighting & Walkways-Multiple Dwellings and Non-Residential A-16(a) In yards of multiple dwellings and non-residential properties, sufficient lighting of exterior property areas shall be provided to minimize any danger to persons using walkways.(b) Artificial lighting standards and fixtures shall be kept in a safe condition, in working order and in good visual condition.
- o 1.35 Parking Areas
As found in other municipalities, additional clauses have been added to their Property Standards By-laws to address nuisance lighting as it affects residential properties. However, as a stand-alone Bylaw, the Mississauga Nuisance Lighting By-law 262-12 is enforced through the rights of City employees who enforce the municipalities Property Standards By-law, for the purpose of:
(a) to promote reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce while preserving the ambiance of the night;
(b) to reduce glare from exterior luminaries and interior luminaries;
(c) to control light pollution by minimizing non-target light and by requiring light reduction through adaptive lighting techniques under site plan control;
(d) to reduce unwanted light trespass and spill; and
(e) to prohibit and regulate light nuisances.
The Planning Department of the City of Windsor through consultation with other civic divisions and external partners identify three options for Council to consider.
Option #1: Do Nothing
This approach would not impose any new regulation to address the situation. This option had been presented with the previous report, however it would not address the issues and risks presented to Council. Council direction to administration (CR506/2019 DHSC 93) implies a desire for some regulation to be implemented.
Option #2: Regulation
Regulations would need to apply to existing as well as new installations; thus allowing existing installations to remain. Compliance to the regulations for light intensity, glare and full cut-off requirements as found in LISS would form the basis of a separate Nuisance Lighting By-law. This would partly satisfy the Council direction (CR506/2019 DHSC 93) as it leaves compliance open to interpretation where lights are installed internally, how the light levels are assessed for intensity and whether the modifications are appropriate. Regulation would require that the City of Windsor prove that illumination levels and glare exist. This would require additional inspections by Building By-law Enforcement into evening hours, with specialized and properly calibrated equipment, resulting in additional staff responsibilities. As well, property owners would