(a) All towers, antenna support structures, and wireless communications facilities, any portions of which are located within the Village, are subject to Sections 1191.01
through 1191.07,
unless such facilities are small cell facilities or wireless support structures located in the Village right-of-way, in which case Sections 1191.20
through 1191.29
of the Code shall apply. Nothing herein supersedes the applicability of Ohio Revised Code Section 4939 to small cell facilities and wireless support structures in the Village right-of-way. Underlying zoning district regulations and other provisions of the Code shall still apply to wireless communication facilities when not superseded by regulations within with Sections 1191.20
through 1191.29
of the Code, or §4939 of the Ohio Revised Code. Any wireless overlay zone shall not apply to small cell facilities and wireless support structures in the Village right-of-way. In the case of conflict with other provisions of the Code, with the exception of Sections 1191.20
through 1191.29
of the Code, the provisions of this Sections 1191.01
through 1191.07
shall control. Wireless communications facilities and antenna support structures shall be regulated and permitted pursuant to Sections 1191.01
through 1191.07
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.
(c) Should any provision of this chapter conflict with any other provision of the Code, the strictest provision shall prevail.
(d) Sections 1191.01
through 1191.07
and the various sub-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. 11-2018. Passed 10-3-18.)