As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 84


Representative Hottinger 

Cosponsors: Representatives Peterson, McGregor, R., Koziura, Setzer, Adams, Collier 


A BILL
To amend sections 303.211 and 519.211 of the Revised 1
Code to expand township and county zoning 2
authority to telecommunications towers located on 3
land used for agricultural purposes and to modify 4
notice requirements for a proposed tower. 5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 303.211 and 519.211 of the Revised 6
Code be amended to read as follows:7

       Sec. 303.211.  (A) Except as otherwise provided in division 8
(B) or (C) of this section, sections 303.01 to 303.25 of the9
Revised Code do not confer any power on any board of county 10
commissioners or board of zoning appeals in respect to the 11
location, erection, construction, reconstruction, change, 12
alteration, maintenance, removal, use, or enlargement of any 13
buildings or structures of any public utility or railroad, whether 14
publicly or privately owned, or the use of land by any public 15
utility or railroad for the operation of its business.16

       (B)(1) As used in this division, "telecommunications tower" 17
means any free-standing structure, or any structure to be attached 18
to a building or other structure, that meets all of the following 19
criteria:20

       (a) The free-standing or attached structure is proposed to be21
constructed on or after October 31, 1996.22

       (b) The free-standing or attached structure is proposed to be23
owned or principally used by a public utility engaged in the 24
provision of telecommunications services.25

       (c) The free-standing or attached structure is proposed to be26
located in an unincorporated area of a township, in an area zoned 27
for residential use or on land used for agricultural purposes.28

       (d)(i) TheFor a free-standing structure that is proposed to 29
be located in an area zoned for residential use, the free-standing 30
structure is proposed to top at a height that is greater than 31
either the maximum allowable height of residential structures 32
within the zoned area as set forth in the applicable zoning33
regulations, or the maximum allowable height of such a 34
free-standing structure as set forth in any applicable zoning 35
regulations in effect immediately prior to October 31, 1996, or as 36
those regulations subsequently are amended.37

       (ii) TheFor an attached structure that is proposed to be 38
located in an area zoned for residential use, the attached 39
structure is proposed to top at a height that is greater than 40
either the height of the building or other structure to which it 41
is to be attached, or the maximum allowable height of such an 42
attached structure as set forth in any applicable zoning 43
regulations in effect immediately prior to October 31, 1996, or as 44
those regulations subsequently are amended.45

       (e) The free-standing or attached structure is proposed to46
have attached to it radio frequency transmission or reception 47
equipment.48

       (2) Sections 303.01 to 303.25 of the Revised Code confer 49
power on a board of county commissioners or board of zoning 50
appeals with respect to the location, erection, construction, 51
reconstruction, change, alteration, removal, or enlargement of a 52
telecommunications tower, but not with respect to the maintenance 53
or use of such a tower or any change or alteration that would not 54
substantially increase the tower's height. However, the power so 55
conferred shall apply to a particular telecommunications tower 56
only upon the provision of a notice, in accordance with division 57
(B)(4)(a) of this section, to the person proposing to construct 58
the tower.59

       (3) Any person who plans to construct a telecommunications 60
tower in an area subject to county zoning regulations shall 61
provide both of the following by certified mail:62

       (a) Written notice to the board of township trustees of the63
township in which the tower is proposed to be constructed and to 64
each owner of property, as shown on the county auditor's current 65
tax list, whose land is contiguous to or directly across a street 66
or roadway fromwithin two thousand feet of the property on which 67
the tower is proposed to be constructed, stating all of the 68
following in clear and concise language:69

       (i) The person's intent to construct the tower;70

       (ii) A description of the property sufficient to identify the71
proposed location;72

       (iii) That, no later than fifteen days after the date of 73
mailing of the notice, such board of township trustees or any such 74
property owner may give written notice to the board of county 75
commissioners requesting that sections 303.01 to 303.25 of the 76
Revised Code apply to the proposed location of the tower as77
provided under division (B)(4)(a) of this section.78

       If the notice to the board of township trustees or to a 79
property owner is returned unclaimed or refused, the person shall 80
mail the notice by regular mail. The failure of delivery of the 81
notice does not invalidate the notice.82

       (b) Written notice to the board of county commissioners of 83
the information specified in divisions (B)(3)(a)(i) and (ii) of 84
this section. The notice to the board also shall include 85
verification that the person has complied with division (B)(3)(a) 86
of this section.87

       (4)(a) If the board of county commissioners receives notice 88
from the board of township trustees or a property owner under 89
division (B)(3)(a)(iii) of this section within the time specified 90
in that division or if a member of the board of county 91
commissioners makes an objection to the proposed location of the 92
telecommunications tower within fifteen days after the date of 93
mailing of the notice sent under division (B)(3)(b) of this 94
section, the board of county commissioners shall send the person 95
proposing to construct the tower written notice that the tower is 96
subject to the power conferred by and in accordance with division 97
(B)(2) of this section. The notice shall be sent no later than 98
five days after the earlier of the date the board first receives 99
such a notice from the board of township trustees or a property 100
owner or the date upon which a member of the board of county 101
commissioners makes an objection. Upon the date of mailing of the 102
notice to the person, sections 303.01 to 303.25 of the Revised 103
Code shall apply to the tower.104

       (b) If the board of county commissioners receives no notice 105
under division (B)(3)(a)(iii) of this section within the time 106
prescribed by that division or no board member has an objection as 107
provided under division (B)(4)(a) of this section within the time 108
prescribed by that division, division (A) of this section shall 109
apply to the tower without exception.110

       (C) Sections 303.01 to 303.25 of the Revised Code confer 111
power on a board of county commissioners or board of zoning 112
appeals with respect to the location, erection, construction, 113
reconstruction, change, alteration, maintenance, removal, use, or 114
enlargement of any buildings or structures of a public utility 115
engaged in the business of transporting persons or property, or 116
both, or providing or furnishing such transportation service, over 117
any public street, road, or highway in this state, and with 118
respect to the use of land by any such public utility for the 119
operation of its business, to the extent that any exercise of such 120
power is reasonable and not inconsistent with Chapters 4901., 121
4903., 4905., 4909., 4921., and 4923. of the Revised Code. 122
However, this division confers no power on a board of county 123
commissioners or board of zoning appeals with respect to a 124
building or structure of, or the use of land by, a person engaged 125
in the transportation of farm supplies to the farm or farm 126
products from farm to market or to food fabricating plants.127

       (D) Sections 303.01 to 303.25 of the Revised Code confer no 128
power on any county rural zoning commission, board of county 129
commissioners, or board of zoning appeals to prohibit the sale or 130
use of alcoholic beverages in areas where the establishment and 131
operation of any retail business, hotel, lunchroom, or restaurant 132
is permitted.133

       (E)(1) Any person who plans to construct a telecommunications 134
tower within one hundred feet of a residential dwelling shall 135
provide a written notice to the owner of the residential dwelling 136
and to the person occupying the residence, if that person is not 137
the owner of the residence, stating in clear and concise language 138
the person's intent to construct the tower and a description of 139
the property sufficient to identify the proposed location. The 140
notice shall be sent by certified mail. If the notice is returned 141
unclaimed or refused, the person shall mail the notice by regular 142
mail. The failure of delivery does not invalidate the notice.143

       (2) As used in division (E) of this section:144

       (a) "Residential dwelling" means a building used or intended 145
to be used as a personal residence by the owner, part-time owner, 146
or lessee of the building, or any person authorized by such a 147
person to use the building as a personal residence.148

       (b) "Telecommunications tower" has the same meaning as in149
division (B)(1) of this section, except that the proposed location 150
of the free-standing or attached structure may be an area other 151
than an unincorporated area of a township, in an area zoned for152
residential use or on land used for agricultural purposes.153

       Sec. 519.211.  (A) Except as otherwise provided in division 154
(B) or (C) of this section, sections 519.02 to 519.25 of the155
Revised Code confer no power on any board of township trustees or156
board of zoning appeals in respect to the location, erection,157
construction, reconstruction, change, alteration, maintenance,158
removal, use, or enlargement of any buildings or structures of any 159
public utility or railroad, whether publicly or privately owned, 160
or the use of land by any public utility or railroad, for the 161
operation of its business.162

       (B)(1) As used in this division, "telecommunications tower" 163
means any free-standing structure, or any structure to be attached 164
to a building or other structure, that meets all of the following 165
criteria:166

       (a) The free-standing or attached structure is proposed to be167
constructed on or after October 31, 1996.168

       (b) The free-standing or attached structure is proposed to be169
owned or principally used by a public utility engaged in the 170
provision of telecommunications services.171

       (c) The free-standing or attached structure is proposed to be172
located in an unincorporated area of a township, in an area zoned 173
for residential use or on land used for agricultural purposes.174

       (d)(i) TheFor a free-standing structure that is proposed to 175
be located in an area zoned for residential use, the free-standing 176
structure is proposed to top at a height that is greater than 177
either the maximum allowable height of residential structures 178
within the zoned area as set forth in the applicable zoning 179
regulations, or the maximum allowable height of such a 180
free-standing structure as set forth in any applicable zoning 181
regulations in effect immediately prior to October 31, 1996, or as 182
those regulations subsequently are amended.183

       (ii) TheFor an attached structure that is proposed to be 184
located in an area zoned for residential use, the attached 185
structure is proposed to top at a height that is greater than 186
either the height of the building or other structure to which it 187
is to be attached, or the maximum allowable height of such an 188
attached structure as set forth in any applicable zoning 189
regulations in effect immediately prior to October 31, 1996, or as 190
those regulations subsequently are amended.191

       (e) The free-standing or attached structure is proposed to192
have attached to it radio frequency transmission or reception 193
equipment.194

       (2) Sections 519.02 to 519.25 of the Revised Code confer 195
power on a board of township trustees or board of zoning appeals 196
with respect to the location, erection, construction, 197
reconstruction, change, alteration, removal, or enlargement of a198
telecommunications tower, but not with respect to the maintenance 199
or use of such a tower or any change or alteration that would not 200
substantially increase the tower's height. However, the power so 201
conferred shall apply to a particular telecommunications tower 202
only upon the provision of a notice, in accordance with division 203
(B)(4)(a) of this section, to the person proposing to construct 204
the tower.205

       (3) Any person who plans to construct a telecommunications 206
tower in an area subject to township zoning regulations shall 207
provide both of the following by certified mail:208

       (a) Written notice to each owner of property, as shown on the209
county auditor's current tax list, whose land is contiguous to or 210
directly across a street or roadway fromwithin two thousand feet 211
of the property on which the tower is proposed to be constructed, 212
stating all of the following in clear and concise language:213

       (i) The person's intent to construct the tower;214

       (ii) A description of the property sufficient to identify the215
proposed location;216

       (iii) That, no later than fifteen days after the date of 217
mailing of the notice, any such property owner may give written 218
notice to the board of township trustees requesting that sections 219
519.02 to 519.25 of the Revised Code apply to the proposed 220
location of the tower as provided under division (B)(4)(a) of this 221
section.222

       If the notice to a property owner is returned unclaimed or 223
refused, the person shall mail the notice by regular mail. The 224
failure of delivery of the notice does not invalidate the notice.225

       (b) Written notice to the board of township trustees of the226
information specified in divisions (B)(3)(a)(i) and (ii) of this 227
section. The notice to the board also shall include verification 228
that the person has complied with division (B)(3)(a) of this 229
section.230

       (4)(a) If the board of township trustees receives notice from 231
a property owner under division (B)(3)(a)(iii) of this section 232
within the time specified in that division or if a board member 233
makes an objection to the proposed location of the 234
telecommunications tower within fifteen days after the date of 235
mailing of the notice sent under division (B)(3)(b) of this 236
section, the board shall request that the fiscal officer of the 237
township send the person proposing to construct the tower written 238
notice that the tower is subject to the power conferred by and in 239
accordance with division (B)(2) of this section. The notice shall 240
be sent no later than five days after the earlier of the date the 241
board first receives such a notice from a property owner or the 242
date upon which a board member makes an objection. Upon the date 243
of mailing of the notice to the person, sections 519.02 to 519.25 244
of the Revised Code shall apply to the tower.245

       (b) If the board of township trustees receives no notice 246
under division (B)(3)(a)(iii) of this section within the time 247
prescribed by that division or no board member has an objection as 248
provided under division (B)(4)(a) of this section within the time 249
prescribed by that division, division (A) of this section shall 250
apply to the tower without exception.251

       (C) Sections 519.02 to 519.25 of the Revised Code confer 252
power on a board of township trustees or board of zoning appeals 253
with respect to the location, erection, construction, 254
reconstruction, change, alteration, maintenance, removal, use, or 255
enlargement of any buildings or structures of a public utility 256
engaged in the business of transporting persons or property, or 257
both, or providing or furnishing such transportation service, over 258
any public street, road, or highway in this state, and with 259
respect to the use of land by any such public utility for the 260
operation of its business, to the extent that any exercise of such 261
power is reasonable and not inconsistent with Chapters 4901., 262
4903., 4905., 4909., 4921., and 4923. of the Revised Code. 263
However, this division confers no power on a board of township 264
trustees or board of zoning appeals with respect to a building or 265
structure of, or the use of land by, a person engaged in the 266
transportation of farm supplies to the farm or farm products from 267
farm to market or to food fabricating plants.268

       (D) Sections 519.02 to 519.25 of the Revised Code confer no269
power on any township zoning commission, board of township 270
trustees, or board of zoning appeals to prohibit the sale or use 271
of alcoholic beverages in areas where the establishment and 272
operation of any retail business, hotel, lunchroom, or restaurant 273
is permitted.274

       (E)(1) Any person who plans to construct a telecommunications 275
tower within one hundred feet of a residential dwelling shall 276
provide a written notice to the owner of the residential dwelling 277
and to the person occupying the residence, if that person is not 278
the owner of the residence stating in clear and concise language 279
the person's intent to construct the tower and a description of 280
the property sufficient to identify the proposed location. The 281
notice shall be sent by certified mail. If the notice is returned 282
unclaimed or refused, the person shall mail the notice by regular 283
mail. The failure of delivery does not invalidate the notice.284

       (2) As used in division (E) of this section:285

       (a) "Residential dwelling" means a building used or intended 286
to be used as a personal residence by the owner, part-time owner, 287
or lessee of the building, or any person authorized by such a 288
person to use the building as a personal residence.289

       (b) "Telecommunications tower" has the same meaning as in290
division (B)(1) of this section, except that the proposed location 291
of the free-standing or attached structure may be an area other 292
than an unincorporated area of a township, in an area zoned for293
residential use or on land used for agricultural purposes.294

       Section 2. That existing sections 303.211 and 519.211 of the 295
Revised Code are hereby repealed.296