(A) All towers, antenna support structures, and wireless communications facilities, any portions of which are located within the city, are subject to §§ 99.01 through 99.11, unless such facilities are small cell facilities or wireless support structures located in city right-of-way, in which case §§ 99.20 through 99.29 shall apply. Nothing herein supersedes the applicability of R.C. Chapter 4939 to small cell facilities and wireless support structures in the city right-of-way. Underlying zoning district regulations and other provisions of the Code shall still apply to wireless communication facilities when not superseded by §§ 99.20 through 99.29, or R.C. Chapter 4939. Any wireless overlay zone shall not apply to small cell facilities and wireless support structures in the right-of-way. In the case of conflict with other provisions of the Code, with the exception of §§ 99.20 through 99.29, the provisions of §§ 99.01 through 99.11 shall control. Wireless communications facilities and antenna support structures shall be regulated and permitted pursuant to §§ 99.01 through 99.11 and shall not be interpreted, regulated, or permitted as essential services, public utilities, or private utilities.
(B) Except as provided in this chapter, any approved use of a nonconforming tower or antenna support structure on the effective date of this chapter shall be allowed to continue, even if in conflict with the terms of this chapter, but shall not be expanded, reconstructed, or modified unless in conformance with this chapter, as required in § 99.09.
(C) Should any provision of this chapter conflict with any other provision of the Code, the strictest provision shall prevail.
(D) Sections 99.01 through 99.11
and the various sections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, clause, or word is adjudged unconstitutional or invalid for any reason, by any court of competent jurisdiction, the invalidity shall not affect the remaining portions or applications of this chapter which shall be given effect without the invalid portion or application, provided those remaining portions are not determined by the court to be invalid.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18)