The Borough of Lebanon Planning Board/Board of Adjustment (the Board) denied plaintiff company's application for conditional use variances to the zoning code for off-premises billboard signs "illuminated by five 400-watt lamps mounted at the bottom, facing upwards, located three feet below the face of the sign and six feet away from it." The Court reversed the trial court's decision in favor of plaintiff because it found the trial court did not provide sufficient deference to the Board's finding that light spillover was a justifiable concern and that the plaintiff's illumination compliance with the zoning code was imperfect.
The Borough of Lebanon Planning Board/Board of Adjustment (the Board) denied plaintiff company's application for conditional use variances to the zoning code for off-premises billboard signs "illuminated by five 400-watt lamps mounted at the bottom, facing upwards, located three feet below the face of the sign and six feet away from it." The Board's denial was "because of the significant amount of light spillover along the edges of the sign face." The trial court ruled in favor of plaintiff, finding the Board had conducted an improper denial of the variances.