(a) All requests to erect or construct a free standing antenna or tower within the City, which is taller than twenty (20) feet, whether from the ground or from the roof of existing or new structure, shall be made by application to and require the permission of Council.
(b) Once a request to erect or construct a free standing antenna or tower within the City which is taller than twenty (20) feet is received, Council shall schedule a public hearing on the issue. The public hearing may not be held less than thirty (30) days after receipt of the request. Notice via registered/certified mail shall be provided to all person who own property within 500 feet of the proposed free standing antenna or tower. The person requesting to erect or construct a free standing antenna or tower within the City which is taller than twenty (20) feet shall pay, in advance , the costs of all notices required under this section. Notice shall also be provided through the local media and through the City’s web site and television site. All notices shall provide the place, date, and time of the public hearing.
(c) At the public hearing, Council may take the following actions:
(1) If deemed advisable, schedule an additional public hearing or hearings to allow the party requesting to erect or construct the free standing antenna or tower to present additional information concerning the request which may be requested by Council.
(2) If deemed advisable, schedule an additional public hearing or hearings to allow any concerned citizen to present additional information concerning the request.
(3) Refer the request to the next regularly scheduled Council meeting for a vote to approve or reject the request.
(d) Once the public hearing or hearings are completed, Council shall consider the request at the next regularly scheduled Council meeting. All votes shall be in the form of a roll call vote. In the event the request is approved by Council the Zoning Enforcement Officer shall be directed to issue a permit for the erection or construction of the free standing antenna or tower within the City which is taller than twenty (20) feet, subject to any qualifications and/or stipulations set forth by Council. A majority vote of Council shall be required to permit the erection or construction of the free standing antenna or tower within the City which is taller than twenty (20) feet.
(e) This section shall not apply to public utilities which are exempt under the provisions of Ohio H.B. No. 174.
(Ord. 59-10. Passed 6-28-10.)
CODIFIED ORDINANCES OF JACKSON