Planning Commissioners' Procedures Manual - Hamilton County, Ohio

Reference Forms:
HAMILTON COUNTY ZONING RESOLUTION
USER’S GUIDE
Telecommunication Towers
• What is a Telecommunication Tower
A telecommunication tower is a structure used by a public utility in the provision of
telecommunication services. It may be constructed as a freestanding structure, or attached to a
building.
• When do Zoning Regulations Apply to the Location of Telecommunication Towers
A telecommunication tower is permitted as-of-right to be located in any non-residential zoning
district. However, if proposed to be located in any residential district the applicant must follow
Ohio Revised Code 303.211, which specifies that written notice must be made to the Board of
Township Trustees in which the Telecommunication Tower is proposed, each contiguous
property owner or owner across a street and to the Board of County Commissioners. If an
objection is made to or by the Board of County Commissioners the application is subject to BZA
approval as a conditional use with respect to the location, erection, construction, reconstruction,
change, alteration, removal or enlargement of a Telecommunication Towers.
• What are the Criteria for the Evaluation of a Telecommunication Tower
If a telecommunication tower is proposed to be located in a residential zone district and an
objection to such proposal is made, or received by, the Board of County Commissioners, then the
location of Telecommunication Tower will be considered a Conditional Use and shall be subject
to conditions and limitations as may be approved by the Board of Zoning Appeals (BZA). The
following general and specific standards for the Telecommunication Tower should be achieved to
gain public acceptance, compatible community character and proper integration with the
surrounding with area.
General Standards
a) Proof should be provided by the applicant in a form satisfactory to the BZA that the proposal
has been approved by all agencies and governmental entities with jurisdiction, including but
not limited to the Ohio Department of Transportation (ODOT), the Federal Aviation
Administration (FAA), the Federal Communication Commission (FCC), or the successors to
their respective functions.
b) The applicant should demonstrate by clear and convincing evidence that its tower antennae
cannot be located on any other communication tower or facility in the vicinity, that all
reasonable means have been undertaken to avoid any undue negative impact caused by the
“clustering” of towers within an area, and that the antenna or tower must be placed where it is
proposed in order to satisfy its necessary function in the company’s grid system. In the event
of the construction of new facilities by the applicant, the applicant shall agree to the use of
such facilities by other cellular communication companies, telephone, radio, television
companies, and the local police, fire and ambulance (EMS) departments.