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Appendix A Volusia County Land Development Code
ARTICLE XIISEA TURTLE PROTECTION*
*Code reference--Environmental protection standards relating to protection of sea turtles, § 50-241 et seq.
Sec. 1201. Purpose and intent.
The purpose of this article is to protect the threatened and endangered sea turtles which nest along the beaches of Volusia County, Florida, and to encourage sea turtle nesting on Volusia County beaches by minimizing the artificial light on the beaches.
(Ord. No. 90-22, § III, 5-17-90)
Sec. 1202. Sea turtle nesting areas.
Sea turtles nest or are likely to nest in an area of the beach from the Volusia/Flagler County line south to the Volusia/Brevard County line.
The above-described nesting areas are regulated as provided in this article. Provided, however, that this article shall not apply to any nesting areas of any incorporated areas of Volusia County which have adopted the standards contained in article VI, Minimum Environmental Standards for Sea Turtle Protection in Volusia County Ordinance No. 88-15, as amended [chapter 50, article III, division 6, Code of Ordinances].
(Ord. No. 90-22, § III, 5-17-90; Ord. No. 98-24, § I, 12-3-98; Ord. No. 99-13, § I, 6-17-99)
Sec. 1203. Lighting standards for new development.
(a) It is the policy of the county to minimize artificial light illuminating the entire coastal beach of the county, and said lighting for new development shall be regulated as provided in this section. To meet this intent, building and electrical plans and the construction of single-story or multi-story buildings or structures, signs, commercial or other structures, including electrical plans associated with parking lots, dune walkovers or other artificial lighting for real property within the incorporated and unincorporated regulated boundaries shall be in compliance with the following:
(1) Light fixtures shall be designed, positioned, shielded, or otherwise modified such that the source of light and any reflective surfaces of the fixture shall not be directly visible by a person who is in a standing position on the beach.
(2) Lights shall not directly or indirectly illuminate the beach during the sea turtle nesting season.
(3) Tinted glass, or any window film applied to window glass which meet the shading criteria for tinted glass, shall be installed on all windows of single- or multi-story buildings or structures within line of sight of the beach in the regulated boundaries.
(4) Lights illuminating signs shall be shielded or screened such that they do not illuminate the beach and the source of the light shall not be visible by a person who is in a standing position on the beach.
(b) The provisions of this section, as amended, shall not apply to any structures for which a building permit has been issued prior to adoption of this ordinance. Otherwise, existing development shall comply with section 1204.
(Ord. No. 90-22, § III, 5-17-90; Ord. No. 95-30, § I, 8-24-95; Ord. No. 98-24, § II, 12-3-98; Ord. No. 99-13, § II, 6-17-99)
Sec. 1204. Lighting standards for existing development.
(a) It is the policy of the county council to minimize artificial light illuminating the entire coastal beach of the county. To meet this intent, artificial lighting within the regulated boundaries where there are existing buildings, structures or signs within the line of sight of the beach, shall be in compliance with the following by July 1, 1999:
(1) Light fixtures shall be designed, positioned, shielded, or otherwise modified such that the source of light and any reflective surfaces of the fixture shall not be visible by a person who is in a standing position on the beach.
(2) Lights shall not directly or indirectly illuminate the beach during the sea turtle nesting season.
(3) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not illuminate the beach and the source of the light shall not be visible by a person who is in a standing position on the beach, or said lights shall be turned off during the sea turtle nesting season.
(4) Lights illuminating dune crosswalks of any area oceanward of the dune line shall comply with (1) or (2) above during the sea turtle nesting season.
(5) Lights illuminating signs shall be shielded or screened such that they do not illuminate the beach and the source of the light shall not be visible by a person who is in a standing position on the beach, or said lights shal be turned off during the sea turtle nesting season.
(6) The following measures shall be taken to reduce or eliminate the negative effect of interior lights illuminating from doors and windows within the line of sight of the beach in the regulated boundaries:
a. Apply window tint or film that meets the standard for tinted glass;
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
d. Turn off unnecessary lights.
(7) Local governments shall develop and implement a public education program, primarily directed towards encouraging the management of interior lighting for single- and multi-story buildings or structures.
(Ord. No. 90-22, § III, 5-17-90; Ord. No. 95-30, § II, 8-24-95; Ord. No. 98-24, § III, 12-3-98; Ord. No. 99-13, § III, 6-17-99)
Sec. 1205. Publicly owned lighting.
(a) Streetlights and lighting at parks and other publicly owned beach access areas located within the incorporated or unincorporated regulated boundaries shall be in compliance with the following by July 1, 1999:
(1) Streetlights, and lighting at parks or other publicly owned beach access points shall be designed, positioned, shielded, or otherwise modified such that they shall not illuminate the beach and the source of the light shall not be visible by a person who is in a standing position on the beach.
(b) Specifically exempted from the terms of this article are lights which are aids to navigation, motion sensors and traffic control devices.
(Ord. No. 90-22, § III, 5-17-90; Ord. No. 95-30, § II, 8-24-95; Ord. No. 98-24, § IV, 12-3-98; Ord. No. 99-13, § IV, 6-17-99)
Sec. 1206. Application review.
(a) Any permit applied for under this article may be processed concurrently with development order review under article II or III of this appendix as the case may be, [and] then it shall be filed as part of the development order review application.
(b) Except as provided above, an application for a permit may be filed without development order review. It shall be processed in the manner required by the appropriate [regulations], including but not limited to, building or electrical code in conformity with this article.
(Ord. No. 90-22, § III, 5-17-90)
Sec. 1207. Reserved.
Editor's note--Section I of Ord. No. 99-17, adopted June 17, 1999, repealed § 1207 in its entirety. Formerly, § 1207 pertained to the method of determining compliance with the sea turtle protection ordinance and derived from § IV of Ord. No. 95-30, adopted Aug. 24, 1995 and § V of Ord. No. 98-24, adopted Dec. 3, 1998.
Sec. 1208. Standards for community redevelopment areas.
Notwithstanding any other provisions of sections 1203 through 1205 of the Volusia County Land Development Code Ordinance No. 88-3, as amended, the provisions of this section 1208 shall apply to lighting in the core area of the community redevelopment area, whether such lighting is in new or existing developments. The term "core area of the community redevelopment area" means that area within the regulated boundaries in the City of Daytona Beach bounded by fifty (50) feet north of the centerline of Butler Street on the north and two hundred (200) feet south of the centerline of Main Street on the south.
(1) It is the policy of the county to minimize artificial lighting illuminating the entire coastal beach of the county. To meet this intent, artificial lighting within the core area of the community redevelopment area shall be in compliance with the following provisions:
a. Light fixtures shall be designed, positioned, shielded, or otherwise modified such that the source of light shall not be visible by a person who is in a standing position on the beach.
b. Lights shall not directly or indirectly illuminate the beach during the sea turtle nesting season except, in order to insure public safety, spill-over and reflective lighting onto the beach will be permitted to the extent necessary to meet the minimum safe lighting standards for particular property uses as published in the IES Lighting Handbook by the Illuminating Engineering Society of North America.
c. Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not illuminate the beach except, in order to insure public safety, spill-over and reflective lighting onto the beach will be permitted to the extent necessary to meet the minimum safe lighting standards for particular property uses as published in the IES Lighting Handbook by the Illuminating Engineering Society of North America and the source of the light shall not be visible by a person who is in a standing position on the beach, or said lights shall be turned off during the sea turtle nesting season.
d. Lights illuminating signs shall be shielded or screened such that they do not illuminate the beach and the source of the light shall not be visible by a person who is in a standing position on the beach, or said lights shall be turned off during the sea turtle nesting season.
e. Interior lights that are shielded by tinted glass or by window tint that meets the standards for tinted glass shall be permitted, whether or not the source of such light or its reflective surface is visible from the beach.
f. True red neon light (tubular lamps containing neon gas) or fiber optic light may be used for signage or decorative purposes, whether or not the source of such light is visible by a person standing on the beach.
(Ord. No. 99-13, § V, 6-17-99)
Sec. 1209. Relation to Endangered Species Act.
(a) This article is adopted for the purpose of implementing the provisions of section 202.4 of the Charter to provide protection for sea turtles as a matter of local policy. It is the intent of the county that this division be consistent with, and in furtherance of, the provisions of the Endangered Species Act, 16 U.S.C. §§ 1531 through 1544, and that it satisfy any obligation the county may have under the act to prevent harm to sea turtles by its election to adopt this regulation. There are no definitive federal standards regarding artificial lighting. The county has used as a guide the state's model lighting ordinance; followed the nesting season dates established by the state; and sought the advice of appropriate federal officials and subject matter experts.
(b) As an alternative to compliance with the terms of this article, a local government or person may adhere to: (a) a lighting plan approved in writing by the United States Fish and Wildlife Service as likely to prevent harm to sea turtles; or (b) the conditions of a permit issued under federal law authorizing the taking of sea turtles for an otherwise lawful activity.
(c) Nothing in this article shall be construed to authorize or license any act prohibited by the Endangered Species Act. Artificial lighting not otherwise regulated by this article which may be in violation of the Endangered Species Act may be reported to the United States Department of Interior, Fish and Wildlife Service, for resolution and enforcement under federal law.
(Ord. No. 99-13, § VI, 6-17-99)
ARTICLE I. DEVELOPMENT PROCEDURES AND REQUIREMENTS
Sec. 100. General provisions.
100.01. Short Title. This ordinance shall be known as the "Land Development Code of Volusia County, Florida."
100.02. Purpose. The purpose of this ordinance is to establish standards, procedures and minimum requirements for the issuance of all development orders and development permits as required by this ordinance and to regulate and control the platting and development of land within the unincorporated area of Volusia County, Florida, except as otherwise specifically set forth herein. Provided, however, it is not the purpose of this ordinance to regulate any bona fide agricultural production, including, but not limited to, horticulture, citrus, dairy, livestock, poultry, forestry or vegetables.
100.03. Enactment and Authority. The County Council of the County of Volusia, Florida, pursuant to authority conferred in it by article VIII, section 1(G) of the Constitution of the State of Florida; article II, sections 201 and 202.2(3), and article III, section 307(2) of the Charter of the County of Volusia, Florida; and F.S. § 125.01, F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.), and F.S. § 177.01, hereby adopts the following articles and sections.
100.04. Violations and Penalties. If it is determined by the enforcement official that any person is violating any provisions of this ordinance, the enforcement official shall notify that person, in writing, indicating the nature of the violation and ordering any action necessary to correct it. The order may include, but not be limited to, a stop work order. Any violation of this ordinance may be referred to the Volusia County Code Enforcement Board. Any person found guilty of a violation of any of the provisions of this ordinance, or any lawful order of the county council, development review committee or enforcement official, shall be punished in accordance with F.S. § 125.69, or any amendments thereto, with a a fine of up to $1,000 per day per violation for initial violations and $5,000 per day per violation for repeat violations against you for every day the violation continues to exist beyond the date set for compliance by order of the Board. The Code Enforcement Board may impose a fine of up to $15,000 per violation if the Board finds the violation to be irreparable or irreversible in nature. Upon the imposition of said fine, a lien will be recorded for the amount of said fine against your real or personal property. Notwithstanding any other provisions of this ordinance, a violation of this ordinance, may be abated by any manner as provided by law. Each day the violation continues shall be deemed a separate offense.
Code reference--Code enforcement, § 2-341 et seq.
100.05. Injunctive Relief. In addition to any penalty provided by law for the violation of any of the provisions of this ordinance, the county council may bring suit in the appropriate circuit court to enjoin, restrain or otherwise prevent the violation of any of the provisions of this ordinance, in any manner as provided by law.
100.06. Fee Requirements. Reasonable fees to offset the costs of administration of this ordinance shall be set by resolution of the county council. All fees must be paid at the time set out in said resolution.
(Ord. No. 90-33, § I, 9-27-90)
GLOSSARY (only the definitions pertinent to this article appear here)
Artificial lighting: means any source of temporary, fixed or movable light emanating from a manmade device, including, but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, streetlights, construction security lights or lights which illuminate signs. This definition shall not include handheld or vehicular lighting.
Beach: means lands and waters lying seaward of the seawall or line of permanent vegetation and within three miles seaward of the mean low-water mark.
Directly Illuminating: Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is visible to a person who is in a standing position on the beach
Existing development: means a building or structure for which a building permit has been issued prior to the adoption of this ordinance.
Fixture: The device that holds, protects, and provides the optical system and power connections for a lamp.
Indirectly Illuminating: Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is not visible to a person who is in a standing position on the beach.
Lamp: The source of light within a luminaire.
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
Luminaire: A complete unit that artificially produces and distributes light. An artificial light source, including fixture, ballast, mounting, and lamp(s).
Nest: An area where sea turtle eggs have been naturally deposited or subsequently relocated.
Nesting Season: The period from May 1 through October 31 of each year.
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.
Regulated boundaries: means the area between the Atlantic Ocean and the westerly boundary of any lots or parcels that abut the westerly right-of-way line of State Road A1A from the Flagler/Volusia County line south to Dunlawton Avenue in Daytona Beach Shores; from Atlantic Avenue south to Ponce DeLeon Inlet; from the northern limits of Peninsula Avenue south to Riverview Place; and from Atlantic Avenue south to Canaveral National Seashore. Said boundaries shall also include any docks, piers or other structures projecting into the Atlantic Ocean.
Sea Turtles: Any specimen belonging to the species Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), or any other marine turtle using Volusia County beaches as a nesting habitat.
Sign: means any surface, fabric, device or display that is designated to advertise, inform, identify or to attract the attention of persons. For the purpose of this article, the term "sign" shall include all structural parts.
Tinted Glass: means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.
ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, JUNE 17, 1999.
COUNTY COUNCIL
ATTEST:COUNTY OF VOLUSIA, FLORIDALawrence W. Arrington, County Manager
Patricia Northey, Chair
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