(a) Subject to Chapter 4939 of the Revised Code and approval of an application under this Section, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the Right-of-Way.
(1) An operator shall comply with generally applicable standards that are consistent with this Chapter and adopted by the Village for construction and public safety in the Right-of-Way.
(2) All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the Right-of-Way by the Village, the traveling public, or other public utilities.
(b) Except as provided in this Chapter as well as any franchise, pole attachment, or other agreements between the Village and a cable operator or public utility, the Village shall not require any zoning or other approval, consent, permit, certificate, or condition for the construction, replacement, location, attachment, or operation of a small cell facility in the Right-of-Way, or otherwise prohibit or restrain the activities as described in this Section, except as otherwise provided in Division (B) of Section 4939.0311 of the Revised Code.
(c) Exceptions for prior franchises or agreements are as outlined in Section 4939.08 of the Revised Code.
(d) Exclusions.
(1) Amateur radio facilities. This Chapter shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(2) Certain over-the-air receiving devices (OTARD). This Chapter shall not govern the installation of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded. OTARD antennas include, without limitation, direct-to-home satellite dish antennas less than one meter in diameter, television antennas and wireless cable antennas.
(3) Handsets and user equipment. This Chapter shall not govern the use of personal wireless devices (e.g., cell phones) or other consumer-grade mobile user equipment used in the Right-of-Way.
(e) The permitting procedures and authorizations set forth in the amendments made to Sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly shall apply only to the placement of small cell facilities and wireless support structures in the public way, and do not authorize the construction and operation of a wireline backhaul facility.
(f) Relationship to other Chapters. This Chapter shall supersede all conflicting requirements of other titles and Chapters of this Code regarding the locating and permitting of small cell wireless communications facilities in the Right-of-Way.
(g) Nothing in this Chapter precludes the Village from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure. (Ord. 2018-04-16. Passed 4-18-18.)