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Page 2 Session Law 2013-185 SL2013-185 <br />new wireless facilities on previously-approved structures, including towers, <br />buildings, utility poles, and water tanks. <br />(4a) Eligible facilities request. – A request for modification of an existing <br />wireless tower or base station that involves collocation of new transmission <br />equipment or replacement of transmission equipment but does not include a <br />substantial modification. <br />(5) Equipment compound. – An area surrounding or near the base of a wireless <br />support structure within which a wireless facility is located.Equipment <br />enclosure. – An enclosed structure, cabinet, or shelter used to contain radio <br />or other equipment necessary for the transmission or reception of wireless <br />communication signals. <br />(5a) Fall zone. – The area in which a wireless support structure may be expected <br />to fall in the event of a structural failure, as measured by engineering <br />standards. <br />(6) Land development regulation. – Any ordinance enacted pursuant to this Part. <br />(7) Search ring. – The area within which a wireless support facility or wireless <br />facility must be located in order to meet service objectives of the wireless <br />service provider using the wireless facility or wireless support structure. <br />(7a) Substantial modification. – The mounting of a proposed wireless facility on <br />a wireless support structure that substantially changes the physical <br />dimensions of the support structure. A mounting is presumed to be a <br />substantial modification if it meets any one or more of the criteria listed <br />below. The burden is on the local government to demonstrate that a <br />mounting that does not meet the listed criteria constitutes a substantial <br />change to the physical dimensions of the wireless support structure. <br />a. Increasing the existing vertical height of the structure by the greater <br />of (i) more than ten percent (10%) or (ii) the height of one additional <br />antenna array with separation from the nearest existing antenna not to <br />exceed 20 feet. <br />b. Except where necessary to shelter the antenna from inclement <br />weather or to connect the antenna to the tower via cable, adding an <br />appurtenance to the body of a wireless support structure that <br />protrudes horizontally from the edge of the wireless support structure <br />the greater of (i) more than 20 feet or (ii) more than the width of the <br />wireless support structure at the level of the appurtenance. <br />c. Increasing the square footage of the existing equipment compound <br />by more than 2,500 square feet. <br />(8) Utility pole. – A structure that is designed for and used to carry lines, cables, <br />or wires for telephone, cable television, or electricity, or to provide lighting. <br />(8a) Water tower. – A water storage tank, a standpipe, or an elevated tank <br />situated on a support structure originally constructed for use as a reservoir or <br />facility to store or deliver water. <br />(9) Wireless facility. – The set of equipment and network components, exclusive <br />of the underlying wireless support structure or tower, including antennas, <br />transmitters, receivers, receivers base stations, power supplies, cabling, and <br />associated equipment necessary to provide wireless data and wireless <br />telecommunications services to a discrete geographic area. <br />(10) Wireless support structure. – A new or existing structure, such as a <br />monopole, lattice tower, or guyed tower that is designed to support or <br />capable of supporting wireless facilities. A utility pole is not a wireless <br />support structure. <br />"§ 160A-400.51A. Local authority. <br />A city may plan for and regulate the siting or modification of wireless support structures <br />and wireless facilities in accordance with land development regulations and in conformity with <br />this Part. Except as expressly stated, nothing in this Part shall limit a city from regulating <br />applications to construct, modify, or maintain wireless support structures, or construct, modify, <br />maintain, or collocate wireless facilities on a wireless support structure based on consideration <br />of land use, public safety, and zoning considerations, including aesthetics, landscaping, <br />structural design, setbacks, and fall zones, or State and local building code requirements, <br />9