§ 54-756. Standards for existing development.

By May 1, 1998, all light sources or reflective surfaces illuminated by such sources that are visible from the Beach shall be brought into compliance with the following:

(1)

Existing Artificial Light fixtures shall be repositioned, modified, replaced, or removed 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 Primary Dune, or the Beach in areas where the Primary Dune no longer exists, are not Directly or Indirectly Illuminated; and

c.

Areas seaward of the Primary Dune, or the Beach in areas where the Primary Dune no longer exists, are not Cumulatively Illuminated.

(2)

One or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting, so that all existing development is in full compliance with subsection (1) of this section:

a.

Reposition fixtures so that the point source of light or any reflective surface of the light fixture is no longer visible from the Beach;

b.

Replace fixtures having an exposed light source with fixtures containing recessed light sources or Shields;

c.

Replace traditional light bulbs (e.g. incandescent, fluorescent, and high intensity lighting) with yellow Bug Type Bulbs not exceeding 25 watts, low-pressure sodium vapor (LPS) bulbs, Red Light-Emitting Diodes (LED) or True Neon light sources;

d.

Replace nondirectional fixtures with directional fixtures that point down and away from the Beach;

e.

Replace fixtures having transparent or translucent coverings with fixtures having opaque Shields designed to be in compliance with subsection (1) of this section, and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the Beach;

f.

Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the Beach;

g.

Plant or improve native vegetation buffers between the light source and the Beach sufficient to screen light from the Beach;

h.

Construct a Ground-Level Barrier to shield light sources from the Beach. Ground-Level Barriers must not interfere with Marine Turtle nesting or Hatchling emergence, or cause short- or long-term damage to the Beach/Dune system; and

i.

Permanently remove, disable or lock in off position any fixture which cannot be brought into compliance with the provisions of these standards.

(3)

One or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within direct line of sight of the Beach, so that all existing development is in full compliance with subsection (1) of this section:

a.

Apply window tint or film that meets the standards for Tinted Glass in the definition of "Tinted or Filmed Glass" in Section 54-754;

b.

Rearrange lamps and other moveable fixtures away from windows;

c.

Use window treatments (e.g., blinds, curtains) to shield interior lights from the Beach; and/or

d.

Turn off unnecessary lights.

(4)

The Board of County Commissioners is authorized to grant variances to the date of compliance, after notice to the owner and a public hearing, where lighting installed before September 9, 1997, would be in violation of this section. Such variances may be granted only where the applicant has demonstrated that the application of these standards to such lighting will cause such an undue and unique hardship to the property, and that more time is needed to amortize the owner's reasonable investment in the lighting. In granting a variance, the Board shall specify a schedule and plan to attain full compliance. Violation of the terms of such a plan or schedule shall constitute a violation of this article.

(Ord. No. 97-082, § 6, 10-14-1997; Ord. No. 2004-118, § 7, 12-14-2004)