UPDATE Last month the Ohio State legislature passed a bill, nicknamed the ‘Christmas Tree Bill’, aimed to streamline the application of small cell applications in public rights-of-way, effectively limiting local municipalities’ zoning authority over such structures.
North Royalton, a village located just outside Cleveland, is extending its moratorium on applications for cell towers, antennas and equipment, reports Cleveland.com. The moratorium, which began in July, enables the municipality to “study the effect of Senate Bill 331 and authority it has to regulate new wireless equipment.”
“We’re trying to digest it,” Mayor Robert Stefanik told Cleveland.com in a recent article. “The law was passed in the state legislature’s lame-duck session in December.”
The city already has zoning restrictions in place to limit cell towers over 100’ from being installed in public rights-of-way. But this zoning restriction would not apply to small cells, which are typically much less tall.
Opponents of SB 331 say the law violates the Ohio Constitution, which requires a single subject for each piece of legislation that is passed. SB 331 was dubbed a “Christmas Tree Bill” due to the hodgepodge of topics it covered, like bestiality, animal fighting and Cleveland’s minimum-wage hike.
North Royalton has hired an attorney who is an expert in cell tower law to review its options and revise the city’s ordinance in light of SB 331.
January 13, 2017
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