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To enact sections 303.214, 519.214, 713.082, and | 1 |
5502.031 of the Revised Code to codify federal | 2 |
restrictions on local zoning of amateur station | 3 |
antenna structures thereby preserving amateur | 4 |
radio service communications as a Homeland | 5 |
Security resource. | 6 |
Section 1. That sections 303.214, 519.214, 713.082, and | 7 |
5502.031 of the Revised Code be enacted to read as follows: | 8 |
Sec. 303.214. County rural zoning commissions, boards of | 9 |
county commissioners, and county boards of zoning appeals shall | 10 |
comply with section 5502.031 of the Revised Code. | 11 |
Sec. 519.214. Township zoning commissions, boards of | 12 |
township trustees, and township boards of zoning appeals shall | 13 |
comply with section 5502.031 of the Revised Code. | 14 |
Sec. 713.082. The legislative authorities of municipal | 15 |
corporations, planning commissions established under section | 16 |
713.01 of the Revised Code, and administrative boards created | 17 |
under section 713.11 of the Revised Code shall comply with section | 18 |
5502.031 of the Revised Code. | 19 |
Sec. 5502.031. (A) As used in this section: | 20 |
(1) "Amateur radio service" means the amateur service, the | 21 |
amateur-satellite service, and the radio amateur civil emergency | 22 |
service as provided for under 47 C.F.R. part 97. | 23 |
(2) "Amateur station" means a station in an amateur radio | 24 |
service consisting of the apparatus necessary for carrying on | 25 |
radiocommunications. | 26 |
(3) "Legislative authority" means the following: | 27 |
(a) With respect to a county, any county rural zoning | 28 |
commission, board of county commissioners, or county board of | 29 |
zoning appeals; | 30 |
(b) With respect to a township, any township zoning | 31 |
commission, board of township trustees, or township board of | 32 |
zoning appeals; | 33 |
(c) With respect to a municipal corporation, the legislative | 34 |
authority of any municipal corporation, a planning commission | 35 |
established under section 713.01 of the Revised Code, or an | 36 |
administrative board created under section 713.11 of the Revised | 37 |
Code. | 38 |
(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, | 39 |
519.99, and 713.06 to 713.15 of the Revised Code do not confer on | 40 |
any legislative authority the authority to preclude amateur radio | 41 |
service communications. Any rules adopted under those sections by | 42 |
a legislative authority to regulate amateur radio service shall | 43 |
comply with the following limitations: | 44 |
(1) The legislative authority shall not restrict the height | 45 |
or dimensions of amateur station antenna structures in such a way | 46 |
as to prevent effective amateur radio service communications. For | 47 |
purposes of structure restrictions, seventy-five feet shall be | 48 |
considered a reasonable antenna structure height. | 49 |
(2) The rules shall reasonably accommodate amateur station | 50 |
communications and shall constitute the minimum practicable | 51 |
regulation necessary to accomplish the legislative authority's | 52 |
purpose. | 53 |