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H. B. No. 84 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Peterson, McGregor, R., Koziura, Setzer, Adams, Collier
A BILL
To amend sections 303.211 and 519.211 of the Revised Code to expand township and county zoning authority to telecommunications towers located on land used for agricultural purposes and to modify notice requirements for a proposed tower.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.211 and 519.211 of the Revised Code be amended to read as follows:
Sec. 303.211. (A) Except as otherwise provided
in division (B) or (C) of this section, sections 303.01 to
303.25 of the
Revised
Code do not confer any power on any board of county commissioners
or board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use or on land used for agricultural purposes. (d)(i) The For a free-standing structure that is proposed to be located in an area zoned for residential use, the free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as set forth in the applicable zoning
regulations, or the maximum allowable height of such a free-standing structure
as set forth in any applicable zoning regulations in effect immediately prior
to October 31,
1996, or as those regulations subsequently are
amended. (ii) The For an attached structure that is proposed to be located in an area zoned for residential use, the attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 303.01 to 303.25 of the Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to the location,
erection, construction, reconstruction, change, alteration, removal, or
enlargement of a telecommunications
tower, but not with respect to the maintenance or use of such a tower or any
change or alteration that would not substantially increase the tower's
height. However, the power so conferred shall apply to a particular
telecommunications tower only upon the provision of a notice, in accordance
with division (B)(4)(a) of this
section, to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to county zoning regulations shall provide both
of the following by certified mail: (a) Written notice to the board of township trustees of the
township in which the tower is proposed to be constructed and to each owner of
property, as shown on the county auditor's current tax list, whose land is
contiguous to or directly across a street or roadway from within two thousand feet of the property on
which the tower is proposed to be constructed, stating all of the following in
clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, such board of township trustees or any such property owner may
give written notice to the board of county commissioners requesting that
sections 303.01 to 303.25 of the Revised Code apply to the proposed location
of the tower as
provided under division (B)(4)(a) of this section. If the notice to the board of township trustees or to a property owner is
returned unclaimed or refused, the person shall mail the notice by regular
mail. The failure of delivery of the notice does not invalidate the notice. (b) Written notice to the board of county commissioners of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of county commissioners receives notice from
the board of township trustees or a property owner under division
(B)(3)(a)(iii) of this section within the time
specified in that division or if a member of the board of county commissioners
makes an objection to the proposed location of the telecommunications tower
within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board of
county commissioners shall send the person proposing to construct the tower
written notice that the tower is subject to the power conferred by and in
accordance with division (B)(2) of this section. The notice shall be
sent no later than five
days after the earlier of the date the board first receives such a notice from
the board of township trustees or a property owner or the date upon which a
member of the board of county commissioners makes an objection. Upon the date
of mailing of the notice to the person, sections 303.01 to 303.25 of the Revised Code shall
apply to the tower. (b) If the board of county commissioners receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) Sections 303.01 to 303.25 of the
Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to
the location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of county commissioners or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 303.01 to 303.25 of the Revised Code
confer no power on any county rural zoning
commission, board of county commissioners, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (E)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence, stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice. (2) As used in division (E) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence. (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use or on land used for agricultural purposes.
Sec. 519.211. (A) Except as otherwise provided in
division (B) or (C) of this section, sections 519.02 to 519.25
of the
Revised Code confer no power on any board of township trustees or
board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad, for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any
free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use or on land used for agricultural purposes. (d)(i) The For a free-standing structure that is proposed to be located in an area zoned for residential use, the free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential structures within the zoned area as
set forth in the applicable zoning regulations, or the maximum allowable
height of such a free-standing structure as set
forth in any applicable zoning regulations in effect immediately prior to
October 31,
1996, or as those regulations subsequently are amended. (ii) The For an attached structure that is proposed to be located in an area zoned for residential use, the attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of
township
trustees
or board of zoning appeals with respect to the location, erection,
construction, reconstruction, change, alteration, removal, or enlargement of a
telecommunications tower, but not with respect to the maintenance or use of
such a tower or any change or alteration that would not substantially increase
the tower's height. However, the power so conferred shall apply to a
particular telecommunications tower only upon the provision of a notice, in
accordance with division (B)(4)(a) of this section,
to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to township zoning regulations shall provide both
of the following by certified mail: (a) Written notice to each owner of property, as shown on the
county auditor's current tax list, whose land is contiguous to or directly
across a street or roadway from within two thousand feet of the property on which the tower is proposed to
be constructed, stating all of the following in clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, any such property owner may give written notice to the board of
township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the
proposed location of the tower as provided under division
(B)(4)(a) of this section. If the notice to a property owner is returned unclaimed or refused, the
person shall mail the notice by regular mail. The failure of delivery of the
notice does not invalidate the notice. (b) Written notice to the board of township trustees of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of township trustees receives notice from a
property owner under division (B)(3)(a)(iii)
of this section within the time specified in that division or if a board
member makes an objection to the proposed location of the telecommunications
tower within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board shall
request that the fiscal officer of the township send the person proposing to construct
the tower written notice that the tower is subject to the power conferred by
and in accordance with division (B)(2) of this section. The notice
shall be sent no later
than five days after the earlier of the date the board first receives such a
notice from a property owner or the date upon which a board member makes an
objection. Upon the date of mailing of the notice to the person, sections
519.02 to 519.25 of the Revised Code shall apply to the tower. (b) If the board of township trustees receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) Sections 519.02 to 519.25 of the
Revised Code confer power on a board of
township trustees or board of zoning appeals with respect to the
location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of township trustees or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 519.02 to 519.25 of the Revised Code confer no
power on any
township zoning
commission, board of township trustees, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (E)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice. (2) As used in division (E) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence. (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use or on land used for agricultural purposes.
Section 2. That existing sections 303.211 and 519.211 of the Revised Code are hereby repealed.
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