§ 46-94. New development.

(a)

The following artificial lighting standards shall apply to all new construction:

(1)

Exterior artificial light fixtures shall be designed and positioned so that:

a.

The point source of light or any reflective surface of the light fixture is not directly visible from the beach.

b.

Areas seaward of the frontal dune are not directly or indirectly illuminated; and

c.

Areas seaward of the frontal due are not cumulatively illuminated.

(2)

Exterior artificial light fixtures within direct line-of-sight of the beach are considered appropriately designed if:

a.

Completely shielded downlight only fixtures or recessed fixtures having low wattage (i.e., 50 watts or less) "bug" type bulbs and nonreflective interior surfaces are used. Other fixtures that have appropriate shields, louvers, or cut-off features shall be used if they are in compliance with subsection (a)(1)a., b., and c. above; and

b.

All fixtures are mounted as low in elevation as possible through use of low-mounted wall fixtures, low bollards and ground level fixtures.

(3)

Floodlights, uplights or spot lights for decorative and accent purposes that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach, shall not be used.

(4)

Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible are preferred.

(5)

Only low intensity lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be:

a.

Set on a base which raises the source of light no higher than 48 inches off the ground; and

b.

Positioned or shielded so that the light is cast downward and the source of light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach.

(6)

Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate shall be designed and located to prevent vehicular headlights from directly or indirectly illuminating the beach.

(7)

Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level barriers when possible. Ground-level barriers must not interfere with the marine turtle nesting or hatchling emergency, or cause short- or long-term damage to the beach/dune system.

(8)

Tinted glass shall be installed on all windows and glass doors of single or multi-story structures with line-of-sight of the beach. Shade screen can be substituted for this requirement.

(9)

Use of approximately shielded low pressure sodium vapor lamps and fixtures shall be preferred for high-intensity lighting applications such as lighted parking areas and roadways, providing security, and similar applications.

(10)

Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimum amount necessary and shall incorporate all of the standards of this section. Such lighting shall not be mounted more than 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 directly, indirectly or cumulatively.

(11)

Upon the issuance of a certificate of occupancy for any new development with view of the beach, compliance with the beachfront lighting standards set forth in this article shall be approved as follows:

a.

Upon completion of the construction activities, the county inspector shall conduct a site inspection which includes a night survey with all beachfront lighting turned on.

b.

The county inspector shall prepare and report the inspection findings in writing identifying:

1.

The date and time of initial inspection.

2.

The extent of compliance with the lighting standards.

3.

All areas of observed noncompliance, if applicable.

4.

Any action(s) taken to remedy observed noncompliance, if applicable.

(b)

The county inspector, 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.

(Code 1979, § 11-17.1(3), (4); Ord. No. 93-15, § 1(11-17.1(4)), 6-22-93)