554.02 COMMERCIAL OUTDOOR LIGHTING REGULATIONS.
   For purposes of this chapter, the following provisions shall apply to all commercial uses as defined in Section 554.01 located within the City of Loveland, Ohio:
   (a)   Commercial Outdoor Lighting Regulated. All public and commercial lighting, whether indoor or outdoor, as regulated by this Chapter, and installed in the City of Loveland shall conform with the requirements established by this chapter. All previous language contained within the City of Loveland Code of Ordinances governing the use or installation of public and commercial indoor or outdoor lighting is hereby superseded by this chapter. In the case of a conflict between prior regulations and the provisions enumerated within this Chapter, the more specific provision shall apply. For purposes of this Section, the term “Public” shall mean done, perceived, or existing in open view.
   (b)   Control of Glare, Sky Glow, and Light Trespass. The following regulations shall apply to all commercial and public lighting installations within the City of Loveland, Ohio:
      (1)   Required Shielding to be Installed. All commercial wall mounted or pole mounted lights, fixtures, luminaires, or other light-emitting devices and all ground mounted lights, fixtures, luminaires, or other light-emitting devices, including ground mounted, wall mounted or pole mounted flood or spot luminaires with bulb(s), lamp(s), or LED(s), shall be fully shielded and shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire, subject the following additional requirements:
         A.   All commercial wall mounted, and pole mounted lighting fixtures regulated by this Chapter shall be installed and maintained in such a manner as to be horizontal to the ground so that the shielding characteristics of the fixture are fully maintained.
         B.   In no instance shall any ground mounted flood or spotlight direct light onto any adjacent street or right-of-way, sidewalk, alleyway, or adjacent property.
         C.   All commercial wall mounted or pole mounted lights, fixtures, luminaires, or other light-emitting devices shall be directed fully downward and shall be oriented on a ninety (90) degree parallel plane with the corresponding horizontal plane where the building foundation or light pole, as applicable, meets the ground level.
         D.   Decorative gas lamps and historic lamps approved within the boundaries of the City of Loveland Historic Preservation District shall be exempt from the shielding and visibility restrictions enumerated within this section, provided that the fixtures are approved by the Historic Preservation and Planning Commission and provided that the fixtures do not exceed one-thousand two hundred (1200) lumens.
      (2)   Flat Lens Installations Required. All commercial wall mounted or pole mounted lights, fixtures, luminaires, or other light-emitting devices with an integrated lens, or refractor shall employ only a flat lens with the required shielding installed in a manner that results in no part of the light-emitting diode or bulb being directly visible from any adjacent street, alleyway, sidewalk, or right-of-way when viewed by any pedestrian or vehicular traffic, except for those fixtures meeting the following requirements:
         A.   Decorative gas lamps and historic lamps approved within the boundaries of the City of Loveland Historic Preservation District shall be exempt from the restrictions enumerated within this section, provided that the fixtures are approved by the Historic Preservation and Planning Commission and provided that the fixtures do not exceed one-thousand two hundred (1200) lumens.
      (3)   Metal Poles Required. All commercial pole mounted lights, fixtures, luminaires, or other light emitting devices shall be required to utilize metal poles, designed, and approved specifically for use to accommodate lighting fixtures. The use of wooden poles shall be prohibited.
      (4)   Dark Sky Compliant Fixtures Required. All commercial wall mounted, and pole mounted lights, fixtures, luminaires, or other light-emitting devices shall be designed and installed to reduce and/or eliminate the unwanted negative impacts associated with wasted and/or poorly directed light, or otherwise as approved by the International Dark Sky Association.
      (5)   Light Trespass Prohibited. All commercial lights, fixtures, luminaires, or other light-emitting devices shall be located, aimed, and shielded to eliminate light trespass across property boundaries. In every instance, installations shall utilize additional opaque shielding as needed, to eliminate light trespass onto adjacent residential or commercial properties. Notwithstanding the foregoing, the provisions of this section shall not apply where a single cohesive development, under single or common ownership, occupies more than one property, where the properties are contiguous to one another, and the light emitted only spills onto the adjacent property held in common ownership.
      (6)   Height Restrictions. Any pole mounted luminaire with a lamp or lamps rated at a total of MORE than one thousand eight-hundred (1800) lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than nine hundred (900) lumens, shall be mounted at a height equal to, or less than twenty-five (25’) from finished grade, provided that no measurable light shall spill over any front, side, or rear property line.
      (7)   Maximum Correlated Color Temperature. All lamps and light fixtures shall contain light sources of = 3500K CCT, except as otherwise permitted within this chapter.
      (8)   Maximum Permissible BUG Rating. The maximum permissible BUG Rating for all wall mounted or pole mounted commercial lights, fixtures, luminaires, or other light-emitting devices shall be B* U2 G2. (*not applicable)
      (9)   Top-of-Pole and Ground Mounted Lighting. The following provisions shall be applicable to both top mounted, mounted downward directed lighting, and ground mounted flood lighting or spotlights:
         A.   In the case of flags, statues or other top-of-pole mounted objects which cannot be illuminated with down-lighting, upward lighting may be used only in the form of one narrow-beam spotlight which confines the illumination to the object of interest. Lights, fixtures, luminaires, or other light-emitting devices as regulated by this Section shall meet the shielding provisions enumerated within Section 554.02(b)(1)A. of this chapter.
         B.   Ground mounted flood and spotlights installed as part of an overall lighting plan and designed and placed in a manner as to highlight architectural or landscaping features, objects, or structures, are permitted to be installed, provided that the fixture is equipped with the proper shield as required by Section 554.02(b)(1) of this chapter.
         C.   The required shield for top-of-pole and/or ground mounted flood and spotlights shall be designed to fully shield the fixture and bulb when viewing the fixture while facing the object that the fixture is illuminating. The placement and emission of light shall be entirely focused upon the architectural feature, structure, or landscaping feature that the fixture is intended to illuminate.
         D.   Top-of-pole and ground mounted flood and spotlights shall be flat lens fixtures, meeting the requirements of Section 554.02(b)(2) of this chapter.
         E.   In no instance shall any top-of-pole, ground mounted flood light, or spotlight direct light onto any adjacent street or right-of-way, sidewalk, alleyway, or adjacent property.
         F.   Ground mounted flood or spotlights shall not exceed a total height greater than eighteen (18”) inches above the finished grade at the point of installation, inclusive of the mounting pedestal and fixture or any fixture housing.
   (c)   Nonconforming Lighting. Existing outdoor public and commercial lights, fixtures, luminaires, or other light-emitting devices regulated under Section 554.02(b) that were lawfully existing, permitted, and installed prior to the date of enactment of this chapter shall be permitted to remain, provided that lights, fixtures, luminaires, or other light-emitting devices are not altered, enlarged, expanded, replaced, or further modified in any way whatsoever. Nothing within this Section shall be interpreted as prohibiting the replacement of non-functioning light bulbs, or LED drivers when conducted as part of normal maintenance of the existing lighting fixture.
   (d)   Discontinuation or Termination. Nonconforming public and outdoor commercial lights, fixtures, luminaires, or other light-emitting devices regulated under Section 554.02(b) that are damaged or destroyed beyond fifty percent (50%) of the original value of the fixture, or that are otherwise abandoned and discontinued, or are not illuminated for more than forty-five (45) consecutive days shall be classified as being permanently discontinued and shall not be re-established, repaired, altered, modified, or replaced except in conformance with these regulations.
   (e)   Compliance Period Limitation. Existing outdoor public and commercial lighting shall be brought into conformance with this chapter not later than December 31, 2033. (Ord. 2023-60. Passed 5-23-23.)