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Home My WebLink About2015-015ORDINANCE 2015- 015 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT; BY AMENDING SECTION 901.03, REVISING THE DEFINITIONS OF "ILLUMINATE" AND "TINTED OR FILMED GLASS"; BY AMENDING COASTAL MANAGEMENT SECTION 932.09, SEA TURTLE PROTECTION; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions of "Illuminate" and "Tinted or filmed glass," as follows: Illuminate to brighten by means of artificial lighting. In application to sea turtle protection regulations, (reference Chapter 932), ' any light source which is directly visible from t-wo (2) feet or less in height on the beneh area- to an observer standing anywhere on the beach, or any lighting source not directly visible from the beach but which indirectly creates a discernible shadow on the beach area by means of reflection, shall be considered to directly or indirectly illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance. Tinted or filmed glass window glass which as has been covered with non -reflective window tint or film such that the material has a visible transmittance (the percent of incident radiation passing through a window) of forty-five (45) percent or less, as measured from center -of -glass. SECTION #2: Amend LDR Coastal Management Section 932.09, Sea turtle protection, as follows: Section 932.09. Sea turtle protection. (1) Purpose. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles from the impacts of a eial light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan. (2) New development. It is the policy of the Indian River County board of county commissioners that no aFfi€eiul light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest (March 1 to October 31). To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other Bold Underline: Additions to Ordinance Stere dffeaghi Deleted Text from Existing Ordinance M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015-__0_1_5 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: (a) Floodlights shall be prohibited. All MlaH moun exterior light fixtures on the seaward or shore -perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach, shall be fitted with hoods shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be Tamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below 560 nanometers (nm). (b) Pole lights shall be shielded in such a way that light will not illuminate areas other than the specific property boundaries of the subject site and shall not directly or indirectly illuminate the beach or dune area on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security. and eonvenienee. (c) Low -profile downward directed luminaries, with shields if necessary, shall be used in parking lots, and such lighting shall be positioned so that no light directly or indirectly illuminates the beach. (d) Dune crosswalks shall utilize low -profiles shielded downward directed luminaries so that no light directly or indirectly illuminates the beach. (e) Lights on balconies shall be low -profile, shielded and downward directed fi*d-with heeds so that lights will not directly or indirectly illuminate the beach. (f) Tinted or filmed glass shall be used in windows and glass doors f6eing the oeean within line -of -sight of an observer standing anywhere on the beach on single and multistory structures. (g) 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 directly or indirectly illuminate the beach. (3) Beachfront lighting approval. Prior to the issuance of a certificate of occupancy for any new development within view of the beach, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows: (a) Upon completion of the construction activities, the building contractor shall provide written certification to county staff that the beachfront lighting standards of this section have been met, and the county tal planner staff shall conduct a site inspection to verifv the contractor's certification. 2. The extent of eomplianee with the lighting standaF Z A11 F 1. ., .e .. ..1.. nee if appli....ble; � � rr Bold Underline: Additions to Ordinance 2 Soike thmu& Deleted Text from Existing Ordinance M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- 015 The env4r-onmental planner -5 in In cases where remedial action is necessary, county staff shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance. (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: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate a" not visible the beach, or turned off after 9:00 p.m. during the period from March 1 to October 31 of each year;_ (b) Lights illuminating dune crosswalks of or any areas oceanward of the landward side of the dune line shall be turned off after 9:00 p.m. during the period from March 1 to October 31 of each year and shall not directly or indirectly illuminate the beach. (c) Security lighting shall be permitted throughout the night so long as low -profile luminaries are used and screened in such a way that those lights do not directly or indirectly illuminate the beach. The use of mMotion detector switches are eneour may be used. (d) Window treatments in windows fneing the oeenn of within line -of -sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non -reflective tint or film on windows or awnings is preferred; however, the use of black -out draperies or shade screens will suffice. (e) All exterior light fixtures on the seaward or shore -perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach, shall be Tamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below 560 nanometers (nm). (5) Publicly owned lighting. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following: (a) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. The lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. (b) Lights at parks or other public beach access points shall be shielded or shaded. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated Bold Underline: Additions to Ordinance Stere +& Deleted Text from Existing Ordinance M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- 015 from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 7t -h_'. day of Septernbe2015, for a public hearing to be held on the 22nd day of ;=terrbe_r , 2015, at which time it was moved for adoption by Commissioner Fl PGr-har , seconded by Commissioner zorc , and adopted by the following vote: Chairman Wesley S. Davis Aye Vice Chairman Bob Solari Aye Commissioner Joseph E. Flescher Ave Commissioner Tim Zorc Ave Commissioner Peter D. O'Bryan Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this 13th day of 2015. �•�••�•, ostebor ��, � ppAlM/ssi � I*ilow :*i Wesley S. Davis, Chairman i s Bold Underline: Additions to 0rDkW0CUU"' S#ike dwougl! Deleted Text from Existing and M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc 4 ORDINANCE 2015- pl 5 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND L AL SUFFICIENCY �j IAI bXE Reingold, ounty Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; C mmunity Development Director Bold Underline: Additions to Ordinance 5 Stile dwough, Deleted Text from Existing Ordinance M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc