Bill Text: OH HB212 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-06-09 - To Public Safety & Homeland Security [HB212 Detail]
Download: Ohio-2009-HB212-Introduced.html
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Representatives Stebelton, Okey
Cosponsors:
Representatives Huffman, Zehringer, Adams, R., Grossman, Williams, B., Snitchler, Bubp, Domenick, Winburn, Yuko, Letson
| 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 and to place the burden of | 6 |
| proof for compliance on the zoning authority. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 303.214, 519.214, 713.082, and | 8 |
| 5502.031 of the Revised Code be enacted to read as follows: | 9 |
| Sec. 303.214. County rural zoning commissions, boards of | 10 |
| county commissioners, and boards of zoning appeals shall comply | 11 |
| with section 5502.031 of the Revised Code. | 12 |
| Sec. 519.214. Township zoning commissions, boards of | 13 |
| township trustees, and boards of zoning appeals shall comply with | 14 |
| section 5502.031 of the Revised Code. | 15 |
| Sec. 713.082. The legislative authorities of municipal | 16 |
| corporations and municipal corporation zoning review boards shall | 17 |
| comply with section 5502.031 of the Revised Code. | 18 |
| Sec. 5502.031. (A) As used in this section: | 19 |
| (1) "Amateur radio service" means the amateur service, the | 20 |
| amateur-satellite service, and the radio amateur civil emergency | 21 |
| service as provided for under 47 C.F.R. part 97. | 22 |
| (2) "Amateur station" means a station in an amateur radio | 23 |
| service consisting of the apparatus necessary for carrying on | 24 |
| radiocommunications. | 25 |
| (3) "Legislative authority" means the following: | 26 |
| (a) With respect to a county, any county rural zoning | 27 |
| commission, board of county commissioners, or county board of | 28 |
| zoning appeals; | 29 |
| (b) With respect to a township, any township zoning | 30 |
| commission, board of township trustees, or township board of | 31 |
| zoning appeals; | 32 |
| (c) With respect to a municipal corporation, the legislative | 33 |
| authority of any municipal corporation or municipal zoning review | 34 |
| board. | 35 |
| (B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, | 36 |
| 519.99, and 713.06 to 713.15 of the Revised Code do not confer the | 37 |
| authority to preclude amateur radio service communications on any | 38 |
| legislative authority. In carrying out its authority under those | 39 |
| sections, any rules adopted by a legislative authority to regulate | 40 |
| amateur radio service shall comply with the following limitations: | 41 |
| (1) The legislative authority shall not restrict the height | 42 |
| or dimensions of amateur station antenna structures in such a way | 43 |
| as to prevent effective amateur radio service communications. For | 44 |
| purposes of structure restrictions, seventy-five feet shall be | 45 |
| considered a reasonable antenna structure height. | 46 |
| (2) The rules shall reasonably accommodate amateur station | 47 |
| communications and shall constitute the minimum practicable | 48 |
| regulation necessary to accomplish the legislative authority's | 49 |
| purpose. | 50 |
| The legislative authority shall bear the burden of proving | 51 |
| the reasonableness of its rules. | 52 |
