(a) Application Process. A written request for the installation of Temporary Outdoor Lighting, or for a Temporary Exemption from the provisions of this chapter, may be submitted to the City Manager or a designated representative for consideration. The written request shall describe the type of installation proposed, the duration of the exemption being requested, and shall include the technical specifications of the intended fixture or installation, along with written justification detailing the need for such a request.
(1) Application and Fees Required. The following provisions shall govern the receipt, processing, review, and disposition of any request for Temporary Outdoor Lighting, or any request for Temporary Exemption from the regulations established by this chapter:
A. The applicant shall file the written request for Temporary Outdoor Lighting or Temporary Exemption from the provisions of this chapter and shall utilize the form of application developed and prescribed by the office of the City Manager and shall be accompanied by a filing fee of seventy-five dollars ($75.00).
B. Upon receipt of the written request, application, and fees, the City Manager, or a designated representative shall immediately date stamp the request.
C. The City Manager or a designated representative shall then review the request within ten (10) business days of the date that the application is received.
D. Not more than fifteen (15) business days after receiving the request, the City Manager or a designated representative shall issue a determination regarding the applicant’s request for Temporary Outdoor Lighting, or for a Temporary Exemption from the provisions of this chapter. Such approval or denial shall be evidenced in writing, indicating whether the applicant’s request has been approved or denied. Failure to issue a written determination within fifteen (15) business days shall constitute approval of the request.
E. An applicant requesting Temporary Outdoor Lighting or seeking a Temporary Exemption from the provisions of this chapter shall be entitled to appeal the decision of the City Manager or the City Manager’s designated representative to the Planning and Zoning Commission pursuant to Section 554.09(b) of this Chapter, provided that the appeal shall be filed within twenty (20) calendar days of the date of issuance of the City Manager’s decision.
(2) Time Limitation for Approval. The written approval issued by the City Manager pursuant to this Section shall be valid for a maximum of thirty (30) calendar days from the date of issuance of such approval, unless otherwise specifically extended. In the case that the City Manager or a designated representative fails to issue a written determination either approving or denying the applicant’s request as required by Section 554.09(a)(1)D. of this Chapter, the exemption shall be considered to be approved, with such approval valid for a term of not more than sixty (60) calendar days from the date that the application for Temporary Outdoor Lighting or Temporary Exemption was filed with the City, as evidenced by the receipt documenting the filing and acceptance of the application and the payment of the required filing fees.
(3) Extension of Approval. The City Manager may, in his or her sole discretion, grant extensions to any applicant that has received prior approval of a request for Temporary Outdoor Lighting, or Temporary Exemption. Upon expiration of any granted extension, further extensions shall only be granted by the Board of Lighting Appeals. Decisions regarding whether to grant an extension to an approved exemption are discretionary and shall not be subject to appeal.
(4) Further Limitations. A maximum of one (1) temporary exemption shall be granted to any applicant in any calendar quarter within a Calendar Year For purposes of this chapter, Calendar Year shall commence on January 1st of each year, and shall end on December 31st of each year.
(5) Supplementary Conditions and Safeguards. In granting any request, the City Manager may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter. Violation of such conditions and safeguards when made a part of the terms under which the request is granted shall be deemed a violation of this chapter, punishable under Section 554.99 of this Chapter.
(6) Appeal Period. Decisions issued by the City Manager regarding Temporary Outdoor Lighting or Temporary Exemption requests that are not appealed to the Planning and Zoning Commission within twenty (20) calendar days of the date of issuance of the decision, as specified within this Section, shall be final and non-appealable.
(b) Appeal of City Manager’s Determination. In the event that a request for Temporary Outdoor Lighting or Temporary Exemption is denied by the City Manager or a designated representative, the decision may be appealed to the Planning and Zoning Commission by the party filing the original request. The following provisions shall govern the application and process for an Appeal of the City Manager’s Determination:
(1) Timely Appeal Required. The appeal shall be made within twenty (20) calendar days of the date of issuance of the denial by the City Manager.
(2) Application Form Required. The appeal shall be made on the application form prescribed by the office of the City Manager.
(3) Application Materials and Fees Required. The appeal shall be filed in person, and shall include the following required elements:
A. Application form;
B. Filing Fees in the amount of seventy-five dollars ($75.00);
C. A copy of the original request for Temporary Exemption, along with the receipt evidencing receipt of the request by the City and the payment of the required fees;
D. A copy of the signed written denial letter from the City Manager, or a designated representative; and
E. A written statement documenting the reasoning for the appeal and how the adverse decision specifically results in the imposition of an undue hardship upon the appealing party.
(4) Certification of Application. Upon receipt of the appeal, the City Manager, or a designated representative, shall immediately date stamp the request and shall review the application for completeness, to ensure that the required documentation has been provided.
(5) Review Process. After processing the request and determining that all required information has been provided by the appealing party, the City Manager, or a designated representative, shall then forward the request to the Planning and Zoning Commission for review, with such request to be heard at the next regularly scheduled monthly meeting of the Planning and Zoning Commission, provided that the request is received at least ten (10) business days in advance of the next scheduled meeting date. In such instance where the request is received less than ten (10) business days prior to the scheduled monthly Planning and Zoning Commission Meeting, the request will be heard by the Planning and Zoning Commission at the following regularly scheduled monthly meeting.
(6) Action by Planning and Zoning Commission. Not more than forty-five (45) calendar days after receiving and considering the request at a regularly scheduled Planning and Zoning Commission meeting, the Commission shall provide a determination to the requesting party, indicating whether the applicant’s appeal of the City Manager’s decision has been approved or denied. The determination shall be made via adoption of a motion by the Commission and shall be evidenced in writing. Failure to adopt a motion either approving or denying the appeal request, and failure to provide a written response pursuant to the requirements of this Section, shall constitute an approval of the request by the Commission.
(7) Supplementary Conditions and Safeguards. In granting any appeal, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter. Violation of such conditions and safeguards when made a part of the terms under which the appeal is granted shall be deemed a violation of this chapter, punishable under Section 554.99 of this Chapter.
(8) Right of Additional Appeal. An applicant shall be entitled to further appeal the decision of the Planning and Zoning Commission to the Board of Lighting Appeals pursuant to Section 554.09(c) of this Chapter.
(9) Appeal Period. An applicant seeking to appeal a decision of the Planning and Zoning Commission to the Board of Lighting Appeals shall be required to file the appeal within twenty (20) calendar days of the date of issuance of the Commission’s decision. In the event that the Planning and Zoning Commission’s decision is not appealed within twenty (20) calendar days, the decision of the Planning and Zoning Commission shall be final.
(c) Appeal of Planning and Zoning Commission’s Determination. In the event that an applicant seeks to appeal a decision of the Planning and Zoning Commission issued pursuant to Section 554.09(b) of this Chapter, the decision may be further appealed to the Board of Lighting Appeals by the party filing the original request. The following provisions shall govern the application and process for an Appeal of the Planning and Zoning Commission’s determination:
(1) Timely Appeal Required. The appeal shall be made within twenty (20) calendar days of the date of issuance of the Planning and Zoning Commission’s decision.
(2) Application Form Required. The appeal shall be made on the application form prescribed by the office of the City Manager.
(3) Application Materials and Fees Required. The appeal shall be filed in person, and shall include the following required elements:
A. Application form;
B. Filing Fees in the amount of seventy-five dollars ($75.00);
C. A copy of the original request for Temporary Exemption, along with the receipt evidencing receipt of the request by the City and the payment of the required fees;
D. A copy of the signed written denial letter from the City Manager or a designated representative resulting in the Appeal to the Planning and Zoning Commission;
E. A copy of the signed written determination issued by or on behalf of the Planning and Zoning Commission, evidencing the Commission’s decision regarding the initial appeal; and
F. A written statement documenting the reasoning for the appeal and how the adverse decision will specifically result in the imposition of an undue hardship upon the appealing party.
(4) Certification of Application. Upon receipt of the application, the City Manager or a designated representative shall immediately date stamp the request and shall review the application for completeness, to ensure that the required documentation has been provided.
(5) Review Process. After processing the application and determining that all required information has been provided by the appealing party, the City Manager or a designated representative shall then forward the request to the Board of Lighting Appeals for review.
(6) Hearing Required. Upon receipt of a properly filed and perfected appeal, the Board of Lighting Appeals shall schedule a hearing to consider the appeal not more than forty-five (45) calendar days after the receipt of such appeal.
(7) Action by Board of Lighting Appeals. Not more than forty-five (45) calendar days after receiving and considering the request at a scheduled meeting of the Board of Lighting Appeals as required by Section 554.09(c)(6), the Board of Lighting Appeals shall provide a determination to the requesting party, indicating whether the applicant’s appeal of the Planning and Zoning Commission’s decision has been granted or denied. The determination shall be made via adoption of a motion by the Board of Lighting Appeals and shall be evidenced in writing. Failure to adopt a motion either granting or denying the appeal request, and failure to provide a written response as required herein, shall constitute an approval of the request.
(8) Supplementary Conditions and Safeguards. In granting any appeal, the Board of Lighting Appeals may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter. Violation of such conditions and safeguards when made a part of the terms under which the appeal is granted shall be deemed a violation of this chapter, punishable under Section 554.99 of this Chapter.
(9) Right of Administrative Appeal. The decision of the Board of Lighting Appeals may be further appealed, pursuant to Ohio Revised Code Chapter 2506. Decisions issued by the Board of Lighting Appeals shall be final and non-appealable after thirty (30) days, as per Section 2505.07 of the Ohio Revised Code.
(d) Variances. An applicant may seek permanent relief from any provision of this chapter by filing an application for variance with the Board of Lighting Appeals. The following
provisions shall govern the application and process for the issuance of variances to the regulations promulgated within this Chapter:
(1) Application for Variance. The variance application shall be filed in person, and shall include the following required elements:
A. Application form as prescribed by the City Manager’s Office;
B. Filing Fees, which shall be the filing fees for Variances, as established by City Council;
C. Site plan demonstrating the location of the proposed variance;
D. Photometric Plan demonstrating the impact of the proposed installation to adjacent properties;
E. Lighting specifications and details demonstrating the fixture type, as well as any technical and supporting documents indicating the rating, brightness, glare, or other information required to ascertain the impact of the fixture or installation for which relief is being sought;
F. A mailing list of all properties and the owners thereof, located within three-hundred (300’) feet in any direction of the boundaries of the area covered by the application, within the City of Loveland. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties.
G. A written statement documenting the reasoning for the requested relief sought, and further documenting how strict adherence to the provisions of this chapter will specifically result in the imposition of an undue hardship upon the applicant; and
H. A written statement, signed by the applicant, attesting to the factual nature of the application and the truthfulness of the materials and statements contained therein.
(2) Public Hearing by the Board of Lighting Appeals. The City Manager or an appointed representative shall establish a date for a public hearing within thirty (30) business days after the receipt of an application for variance; provided that the date for said public hearing is satisfactory to both the Board of Lighting Appeals and the applicant. The hearing on the variance request shall be held within forty (40) business days of receipt of application, unless specifically agreed to by both the Board of Lighting Appeals and the applicant as provided herein.
(3) Notice of Public Hearing in Newspaper. Before holding the public hearing required by Section 554.09(d)(2) of this Chapter, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten (10) calendar days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance being sought. The City shall facilitate the public hearing notice and shall provide for the cost of the publication of the notice. A copy of the public hearing notice, along with materials confirming publication on a "proof of publication" form provided by the publishing newspaper, shall be retained by the City to confirm compliance with this section.
(4) Notification of Board of Lighting Appeals Hearing. Written notice of the public hearing required by Section 554.09(d)(2) of this Chapter shall be provided to the owners of the real property within the area covered by the application for the variance and to the owners within three-hundred (300’) feet in any direction of the boundaries of the area covered by the application, within the City of Loveland. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten (10) calendar days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 554.09(d)(3) of this Chapter. The City shall provide at its cost the hand or postal delivery provided herein above. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Board of Lighting Appeals on the variance application.
(5) Supplementary Conditions and Safeguards. In granting any variance, the Board of Lighting Appeals may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this chapter, punishable under Section 554.99 of this Chapter.
(6) Action by Board of Lighting Appeals. Within forty-five (45) calendar days after the public hearing required by Section 554.09(d)(2) of this Chapter, the Board of Lighting Appeals shall either approve, approve with supplementary conditions as specified in subsection (d)(5) hereof, or disapprove the variance request. The Board of Lighting Appeals Hearing shall not be continued beyond forty-five (45) calendar days. The Board of Lighting Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and shall further demonstrate that the decision will make possible a reasonable use of the land, building or structure.
(7) Right of Administrative Appeal. The decision of the Board of Lighting Appeals regarding an application for variance to any provision of this Chapter may be appealed, pursuant to Ohio Revised Code Chapter 2506. Decisions issued by the Board of Lighting Appeals shall be final and non-appealable after thirty (30) days, as per Section 2505.07 of the Ohio Revised Code.
(Ord. 2023-60. Passed 5-23-23.)