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NAS� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT 14EAD CONCURRENCE: Stan Boling, AIC Community Development Director FROM: Roland M. DeBlois,AICP Chief, Environmental Planning & Code Enforcement DATE: September 11, 2015 RE: Consideration to Adopt Amendments to County Sea Turtle Protection Lighting Regulations(Land Development Regulations Section 901.03, Definitions,and Section 932.09, Sea Turtle Protection) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of September 22, 2015. BACKGROUND In October 2014, county staff issued a code enforcement citation to an owner of a residence on the south barrier island, for violations of County sea turtle protection lighting regulations. More specifically, the citation was issued for unscreened interior house lighting visible from the beach after 9:00 p.m., in violation of Land Development Regulation (LDR) Section 932.09(4). Subsection(d)of 932.09(4),which applies particularly to interior lighting,currently reads as follows: (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: ... (d) Window treatments in windows facing the ocean [emphasis added] of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. The owner appealed staff's issuance of the citation to the County Code Enforcement Board, which heard the appeal at the Board's November 24, 2014 meeting(see minutes, Attachment I to this report). Among other things, the owner's attorney, Mr. Barry Segal, presented evidence at the appeal hearing that the owner has black-out draperies on his east ("ocean facing") windows that are drawn after dark. Furthermore, Mr. Segal argued that any light emanating from north facing windows on the house, irrespective of whether or not such light is visible from the beach, is not subject to 932.09(4)(d) restrictions since the north windows are not"facing the ocean." 223 f