939.03.11 SUBSTANTIAL CHANGE.

    "Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, and as applicable to facilities in the public right-of-way, which defines that term as a collocation or modification that:

   (a)   Increases the overall height more than 10% or 10 feet (whichever is greater);

   (b)   Increases the width more than 6 feet from the edge of the wireless tower or base station;

   (c)   Involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;

   (d)   Involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground-mounted equipment cabinets;

   (e)   Involves excavation or deployment of equipment outside the area in proximity to the structure and other transmission equipment already deployed on the ground;

   (f)   Would defeat the existing concealment elements of the support structure as determined by the City of Findlay Engineering Department; or

   (g)   Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change.

   Note: For clarity, the definition in this Chapter includes only the definition of a substantial change as it applies to facilities in the public right-of-way. The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a) of the Middle Class Tax Relief and Job Creation Act. (Ord. 2017-037. Passed 5-2-17.)