To enact sections 303.214, 519.214, 713.082, and 5502.031 of the Revised Code to codify federal restrictions on local zoning of amateur station antenna structures thereby preserving amateur radio service communications as a Homeland Security resource and to place the burden of proof for compliance on the zoning authority.

Section 1. That sections 303.214, 519.214, 713.082, and 5502.031 of the Revised Code be enacted to read as follows:

Sec. 303.214.  County rural zoning commissions, boards of county commissioners, and boards of zoning appeals shall comply with section 5502.031 of the Revised Code.

Sec. 519.214.  Township zoning commissions, boards of township trustees, and boards of zoning appeals shall comply with section 5502.031 of the Revised Code.

Sec. 713.082.  The legislative authorities of municipal corporations and municipal corporation zoning review boards shall comply with section 5502.031 of the Revised Code.

Sec. 5502.031.  (A) As used in this section:

(1) "Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.

(2) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.

(3) "Legislative authority" means the following:

(a) With respect to a county, any county rural zoning commission, board of county commissioners, or county board of zoning appeals;

(b) With respect to a township, any township zoning commission, board of township trustees, or township board of zoning appeals;

(c) With respect to a municipal corporation, the legislative authority of any municipal corporation or municipal zoning review board.

(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, 519.99, and 713.06 to 713.15 of the Revised Code do not confer the authority to preclude amateur radio service communications on any legislative authority. In carrying out its authority under those sections, any rules adopted by a legislative authority to regulate amateur radio service shall comply with the following limitations:

(1) The legislative authority shall not restrict the height or dimensions of amateur station antenna structures in such a way as to prevent effective amateur radio service communications. For purposes of structure restrictions, seventy-five feet shall be considered a reasonable antenna structure height.

(2) The rules shall reasonably accommodate amateur station communications and shall constitute the minimum practicable regulation necessary to accomplish the legislative authority's purpose.

The legislative authority shall bear the burden of proving the reasonableness of its rules.