§ 8-245. Standard for new development.

New development, coastal construction, and building and electrical plans for construction of any structure shall be in compliance with the following, if the proposed development is water ward of the Coastal Construction Control Line (CCCL), or if the development creates any light sources that will be visible from the beach. Provisions of this section apply, but are not limited to all new coastal construction and development, including electrical plans associated with parking lots, dune walkovers, or other outdoor lighting for real property.

(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 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 dunes no longer exists are not cumulatively illuminated.

(2)

Exterior artificial light fixtures within direct line of sight of the beach are allowed if:

a.

Exterior lights are completely shielded downlight only fixtures or recessed fixtures with non-reflective interior surfaces. These fixtures must have low wattage (i.e., twenty-five (25) watts or less) "bug" type bulbs, low pressure sodium vapor (LPS) bulbs, red light emitting diodes (LED) or true neon light sources. Other fixtures that have light blocking shields, louvers, or cutoff features may also be used if they are in compliance with subsection (1) above; and

b.

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

(3)

Floodlights, up lights or spotlights that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach are prohibited.

(4)

The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible are required for any exterior lights used expressly for safety or security.

(5)

Dune crosswalks may be lighted. If lighted, dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that the point source of light or any reflective surface of the light fixtures is not directly visible to a person on the beach. All light fixtures on dune cross walks must utilize low wattage (i.e., twenty-five (25) watts or less) "bug" type bulbs, low pressure sodium vapor (LPS) bulbs, red light emitting diodes (LED) or true neon light sources. Dune crosswalk lighting seaward of the primary dune, or on the beach in areas where the primary dune no longer exists shall not be used.

(6)

In parking areas with direct line of sight of the beach all lighting shall be:

a.

Set on low profile luminaire; and

b.

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

(7)

Except for single-family residences, all newly constructed parking areas and driveways, 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.

(8)

Parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground level barriers. Ground level barriers must not impede or entangle marine turtles or hatchling, or cause short- or long-term damage to the beach/dune system.

(9)

Tinted glass shall be installed on all windows and doors of single or multistory commercial structures within direct line of sight of the beach. It is recommended, but not mandatory, that tinted glass be installed on all windows and doors of single or multistory residential structures within direct line of sight of the beach. Tint or film must meet the standards for tinted glass stated in section 8-244 above.

(10)

Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the standards of this section. Said lighting shall not be mounted more than eight (8) feet above the ground.

(11)

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

a.

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

b.

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

1.

The date and time of initial inspections;

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.

The 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.

(Ord. No. 1999-01, § 5, 8-2-99; Ord. No. 2017-18 , § 1, 7-5-17)