Ohio § 519.211

§ 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.  As used in this division, “public utility” does not include a person that owns or

operates a solid waste facility or a solid waste transfer facility, other than a publicly

owned solid waste facility or a publicly owned solid waste transfer facility, that

has been issued a permit under Chapter 3734. of the Revised Code or a construction

and demolition debris facility that has been issued a permit under Chapter 3714. of

the Revised Code. (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. (d)(i) 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 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

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.