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Zoning update: three lots near existing tower prompt discussion of ORC 519.211 limits on township authority
Summary
The Morgan Township zoning official told trustees that three agricultural parcels near an existing tower have inquiries about telecom development and that ORC 519.211 restricts township authority over placement of communication towers on unincorporated land.
The township zoning official reported Oct. 27 that three lots on Alert New London Road near an existing cell tower are under inquiry for additional telecom development. The parcels are agricultural and owned by the same person; 1 parcel is about 47 acres, the official said.
The official told trustees that Ohio Revised Code 519.211 limits the powers of unincorporated townships to regulate public utilities and communication towers and that the township cannot outright prevent a carrier from placing a tower on agricultural property. The board may, however, require setbacks and ensure that structures would not present a hazard if they failed.
Trustees and residents asked several clarification questions about proximity to Copeland properties and whether an owner can have multiple towers; the zoning official said the township would research whether multiple towers on a single property are allowed under state and county rules and that the planning/submittal process would flow through county engineering and planning channels.
No formal zoning application or permit was before the board at the meeting; the zoning official said the parcels remain agricultural and that any formal submittal would trigger the county review process.
