Title 18 - Unified Development Ordinance

 

18.395 Communications Facilities

18.395.020 Definitions

For purpose of this Chapter, and where consistent with the context of a specific Section, the defined terms, phrases, words and abbreviations and their derivations shall have the meanings given in this Section.

Substantial Change means a Modification that substantially changes the physical dimensions of an Eligible Support Structure (Tower or Base Station) by any of the following criteria:

1.  Height

  1. a.
    For Towers not in the public rights-of-way, an increase in the height of the Tower by more than 10% or by the height of one additional Antenna array with separation from the nearest Existing Antenna not to exceed 20 feet, whichever is greater. 
  2. b.
    For other Eligible Support Structures (e.g., ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities or Base Stations), an increase in the height of the structure by more than 10% or more than 10 feet, whichever is greater.

Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally (such as on buildings’ rooftops); in other circumstances, changes in height are measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any Modifications that were approved prior to the passage of the Spectrum Act.[1]

2.  Width/Girth

  1. a.
    For Towers not in the public rights-of-way, adding an appurtenance to the body of the Tower that protrudes from the edge of the Tower more than 20 feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater.
  2. b.
    For other Eligible Support Structures (e.g., ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities or Base Stations), adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet.

3.  New equipment cabinets

  1. a.
    For any Eligible Support Structure (see definition), the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets.
  2. b.
    For ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities and for Base Stations, the installation of any new equipment cabinets on the ground if there are no pre-Existing ground cabinets associated with the structure, or else the installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.

4.  Any excavation or deployment outside the current Site.

5.  Defeating the Stealth Technology or concealment elements of the Eligible Support Structure.

6.  Not complying with conditions associated with the siting approval of the construction or Modification of the Eligible Support Structure or Base Station equipment, provided however that this limitation does not apply to any Modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections 1. through 4. above.

 

[1] The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub.L. 112–96).

 

Effective on: 1/1/1901