A. Intent
In recognition of the fact that the City of Harrison is a fully zoned and planned community, in a rural section of Hamilton county, it is the intent of this section to:
1. Strike a balance between the demand for cellular or wireless communications towers and sites while accommodating their location and number in the City;
2. Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;
3. Minimize any impact on adjacent properties, including but not limited to diminution in property values, aesthetics, and potential damage from communications towers and support structure failure; and
4. Require the joint use of any new and existing communications towers and support structures in order to reduce the number of such structures needed in the future.
5. Amateur and HAM radio operations for the non-commercial purposes are exempt.
B. Definitions
The following, definitions shall apply to this Section:
1. “Personal Wireless Services” means commercial mobile services, licensed or unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
2. “Cellular Communications Services” means personal communications accessed by means of cellular equipment and services, including portable cellular or wireless two-way communications.
3. “Cellular or Wireless Communications Antenna” or “Antenna” shall mean any structure or device used to receive or transmit electromagnet waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas such as whips and other equipment utilized to serve personal communication services.
4. “Cellular or Wireless Communications Support Structure” shall mean any building or structure accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower, including accessory transmission and receiving equipment.
5. “Cellular or Wireless Communication Tower” or “Tower” shall mean any freestanding structure used to support a cellular or wireless communication antenna, including but not limited to self-supporting lattice, guyed, or monopole with an elevated cellular or wireless communications antenna.
6. “Cellular or Wireless Communications Site” or “Site” shall mean a tract, lot, or parcel of land containing a cellular or wireless communications tower, cellular or wireless communications antenna, and any support structures, facilities, or uses ancillary to cellular or wireless transmission activity.
7. “City” shall mean the City of Harrison, Ohio.
8. “Tall Structures” shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, antenna support structures or other cellular or wireless communication structures, other communication towers and roadway lighting poles.
9. “Person” shall mean any business entity, person, individual, or telecommunications company or operator.
10. “Applicant” shall mean the person applying for a permit to place or operate a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site in the City of Harrison.
11. “Clear and Convincing Evidence” shall mean evidence which is certain and trustworthy to the extent that it causes the decision maker to have a firm belief or conviction as to the truthfulness of the facts sought to be established.