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Home My WebLink About1987-15ORDINANCE NO. 87- 15 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25 GENERAL PROVISIONS OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY CREATING A NEW PARAGRAPH �25 (Z) PROTEC- TION OF SEA TURTLES; RESTRICT- ING OUTDOOR LIGHTING IN BEACH AREAS IN THE UNINCORPORATED AREA OF THE COUNTY; PROVIDING FOR ENFORCEMENT AND PENALTY THROUGH THE CODE ENFORCEMENT BOARD; AND PROVIDING AN EFFEC- TIVE DATE, WHEREAS, Indian River County beaches serve as prime nesting habitat for thousands of sea turtles, and WHEREAS, rapid coastal development threatens the survival of turtle hatchlings because the artificial light causes disorientation in young hatchlings; and WHEREAS, the sea turtle is an essential member of the food chain and has been identified as a threatened and endangered species, and WHEREAS, the protection of sea turtle hatchlings is of significant public interest and importance; and WHEREAS, this Ordinance is necessary to protect the natural reproductive cycle of the sea turtle during the nesting and hatching season which runs from May 1, through October 31, of each year; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that. SECTION I. Section 25.Z of the Code of Laws and Ordinances for Indian River County, Florida, is hereby created to read as follows: purpose of this Ordinance, the following terms shall have For SECTION 25.Z(a). -------------------------------- forth in Definitions. this Section: the purpose of this Ordinance, the following terms shall have the forth in this Section: meaning set ORDINANCE NO. 87- (1) Artificial Light: Any fixed source of — --------------- Iight emanating from a manmade device, including but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, street lights, construction or security lights. (2) Beach. That area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). (3) Environmental Planner, The individual --------------------- employed by Indian River County who is responsible for the administration of the. provisions of this chapter and prosecution of any violations thereof. (4) Floodlight. Reflector type light fixture which is attached directly to a building and which is unshielded. (5) Low Profile Luminaire: Light fixture ---------------------- set on a base which raises the source of the light no higher than forty-eight (48) inches off the ground, and designed in such a way that light is directed downward from a hooded light source. (6) New Development. Shall include new ---------------- construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting. (7) Person: Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit or federal, state, county or municipal government. (8) Pole Lighting. Light fixture set on a base or pole which raises the source of the light higher than forty-eight (48) inches off the ground. d ORDINANCE NO. 87- (9) Solar Screen: Screens which are fixed installations and permanently project shade over the entire glass area of the window. The screens must be installed outside of the glass and must have a visible transmittance (the percent of incident radiation passing through a window) of forty-five percent (450) or less. (10) Tinted or Filmed Glass. Window glass ----------------------- which has been covered with window tint or film such that the material has a visible transmittance (the percent of incident radiation passing through a window) of forty-five percent (450) or less. SECTION 25.Z(b) Purpose. The purpose of this Ordinance is to protect the threatened and endangered sea turtles which nest along beaches of Indian River County, Florida, by safeguarding the hatchlings from sources of artificial light. SECTION 25.Z(c) New Development. It is the -------------------------------- policy of the Indian River County Board of County Commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County, Florida. To meet this intent, building and electrical plans for construction of single family or multi -family dwellings, commercial or other structures, parking lots, dune walkovers, and other outdoor lighting for real property if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following. (1) Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that no light illuminates the beach. (2) Pole lighting shall be shielded in such a way that light will be contained within an arc of three (3) to seventy-three (73) degrees on the seaward side of the ORDINANCE NO. 87- pole. Outdoor lighting shall be held to the minimum necessary for security and convenience. (3) Low profile luminaires shall be used in parking lots and such lighting shall be positioned so that no light illuminates the beach. (4) Dune crosswalks shall utilize low profile shielded luminaires. (5) Lights on balconies shall be fitted with hoods so that lights will not illuminate -the beach. (6) Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multi -story structures: Shade screens or black -out draperies can be substituted for this -requirement. (7) Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach. SECTION 25.Z(d) Beachfront Lighting --------------------------------------------- Approval. Prior to, the, issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows. (a) Upon completion of the construction activities, the County Environmental Planner shall conduct a site inspection which includes a night survey with all beachfront lighting turned on. (b) The Environmental Planner shall prepare and report the inspection findings in writing identifying. (i) The date and time of initial inspection. (ii) The extent of compliance with the lighting standards. (iii) All areas of observed noncompliance, if applicable. (iv) Any action(s) taken to remedy observed noncompliance, if applicable. ORDINANCE NO. 87- The Environmental Planner, in cases where remedial action is necessary, shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection. SECTION 25.Z(e) Exemptions for New --------------------------------------------- Development. The provisions of Section 25.Z(c) of this Ordinance shall not apply to any structure for which a building permit has been issued by the Indian River County Building Official prior to the effective date of this Ordinance, however al other provisions of this Ordinance shall be applicable to such structures. SECTION 25.Z(f) Existing Development. It is ------------------------------------- the policy of the Indian River County Board of County Commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following within three (3) months of the effective date of this Ordinance. (1) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (2) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (3) Security lighting shall be permitted throughout the night so long as low profile luminaires are used and screened in such a way that those lights do not illuminate the beach, ORDINANCE NO. 87- (4) Window treatments in windows facing the ocean above the first floor of multi story structures are required so that interior lights do not illuminate the beach. The use of tint or film to windows or awnings is preferred, however, the use of black -out draperies or shade screens will suffice. SECTION 25.Z(g)--- Publicly --Owned --Lighting. --------------- Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following. (1) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. (2) Lights at parks or other public beach access points shall be shielded or shaded. SECTION 25.Z(h) Enforcement and Penalty. -------------------------------------------- Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted, and punishment shall be in accordance with Section 125.69, Florida Statutes. In addition, violations of this Ordinance shall be enforced by the Code Enforcement Board of Indian River County, which may impose fines and liens in accordance with Section 1-60, Code of Laws and Ordinances of Indian River County. SECTION II. This Ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of February 1987. --------------- ORDINANCE NO, 87-15 This Ordinance was advertised in the Vero Beach Press -Journal commencing on the 21st day of January 1987, for a public hearing to be held on the 10thday of February 1987, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bowman -----, and adopted by the following vote. Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner: Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Of By --- Don C. Scurlock, Jr Chairman Attest By _ Freda W`r'ght -- Clerk Acknowledgment by the Department of State of the State of Florida, this 13th day of February 1987. Effective date: Acknowledgment from the Department of State received on this 19th day of- February _ , 1987, at 3:00 a:m:/p.m, and filed in the Offiice of the. Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce Barket.t Assistant County Attorney ,A PROVED AS TO ADMINISTRATIVE MAFTERS.: atAA&Ch rleP. Ba cz- --- — ---- �Administrator APPROVED AS TO BUILDING MATTERS. Ester Rymer -,'-Director Building Division APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS: Kobert Keat i nsp, Di&ctor Planning and Development