The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to:

   A.   Protect residential areas and land uses from potential impacts of towers and antennas;

   B.   Encourage the location of towers in nonresidential areas;

   C.   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

   D.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the impact on the community is minimal. (Ord. 2012-1, 4-17-2012)

As used in this chapter, the following terms mean:

ACCESSORY USE: A use dependent upon or pertaining to the principal use or main use. Such use must be incidental to the principal use or main use; and: a) constitute a use which is secondary in significance to the principal or main use; and b) be reasonably related to the main use.

ALTERNATIVE TOWER STRUCTURE: Alternative design antenna mounting structures other than a tower or monopole, i.e., clock tower or a disguised tower or monopole, i.e., light pole or windmill.

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to, radio, television, cellular, paging, personal communications services (PCS), microwave, telecommunications and services, and devices including directional antennas, such as panels, microwave and satellite dishes, and omnidirectional antennas, such as whip antennas.

BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or public switched telephone network.

BUFFERING: The use of specific measures designed to separate and protect differing land uses on separate properties.

COLLOCATION: The use of a tower or structure to support antennas for the provision of wireless services without increasing the height of the tower or structure.

COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and other similar services that are marketed to the general public.

HEIGHT: When referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or wireless telecommunications permit (WTP) was issued prior to the effective date of this title, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

STRUCTURES: Anything constructed or erected that requires a more or less permanent location on the ground; fences, signs, monuments, statues, flagpoles, and bridges shall be considered structures for the purpose of this title.

TOWER: Any ground, roof or otherwise mounted pole, spire, structure or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, monopole towers and associated supporting lines, cables, wires, braces, masts or other structures. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and any tower support. (Ord. 2012-1, 4-17-2012)

All towers, including, but not limited to, radio and television aerials or antennas, dishes capable of receiving electronic transmissions from satellites or other sources, shall require approval of a conditional use permit and site plan by the zoning and planning commission and town council, subject to the procedures in sections 8-3-3, "Conditional Use Permits", and 8-3-9, "Site Plan Regulations", of this title, and all sections of this chapter.

   A.   Conditional Use Permit Requirements: Applications for the construction or installation of new wireless telecommunication facilities shall require conditional use permit review as set forth in section 8-3-3 of this title. A completed application and payment of an application fee are required prior to review.

   B.   Site Plan Requirements: All towers that provide commercial wireless telecommunication service are required to submit a site plan to the town for approval. In addition to the standard site plan requirements (listed in section 8-3-9 of this title), the following information must be supplied with the site plan and prior to issuance of a building permit:

      1.   Site plan drawn to a one inch equals twenty feet (1" = 20') scale.

      2.   The name, address, and phone number of all proposed users and operators of the tower.

      3.   The location, size, and height of all structures on the property.

      4.   Location of the nearest residential structure.

      5.   A description of the proposed tower and antennas, and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color, and lighting.

      6.   The general capacity of the tower, and information necessary to assure that ANSI and all structural standards are met including loads for wind and ice.

      7.   The number and positioning of guywires and antennas.

      8.   The actual intended transmission and the maximum effective radiated power of the antenna(s).

      9.   Certification that the proposed antenna(s) will not cause interference with other telecommunication devices.

      10.   A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.

      11.   The type, locations, and dimensions of all proposed and existing landscaping and fencing.

      12.   Site plans must show the locations for at least two (2) equipment buildings, even if the tower is proposed for a single user.

      13.   For towers that are one hundred feet (100') or greater in height above the ground, a visual study depicting the zone within a three (3) mile radius, where any portion of the proposed tower could be seen.

   C.   Permit Requirements: Applications for tower and associated equipment shall complete the following requirements:

      1.   All commercial towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall obtain a building permit from the building inspector prior to construction or erection.

      2.   The design of all towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall comply with applicable sections of the most recent edition of the international building and electrical codes, as adopted by the town.

      3.   Preengineered and prefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall not require certification of a Wyoming professional engineer, providing the structure and installation are in accordance with manufacturer's recommendations. All drawings and installation instructions are subject to the approval of the building official.

      4.   All nonpreengineered and nonprefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, including the substructure, shall be designed by a licensed professional engineer, registered in the state of Wyoming.

      5.   All towers, radio and television aerials, or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be installed and maintained in compliance with applicable requirements of the international building and electrical codes.

      6.   All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be supported from a fixed location and nontransportable.

   D.   Setback, Height And Approval Requirements: All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be set back a distance equal to at least seventy five percent (75%) of the height of the tower from any adjoining lot line. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. All towers and associated equipment:

      1.   Shall not interfere with normal radio, television, and/or telephone reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered nuisance violations and shall be corrected under the enforcement provisions of the town of Bar Nunn.

      2.   Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the chief building official may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding property owners.

      3.   In order to protect the public from the unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density standard levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides stricter requirements.

      4.   Maximum tower heights shall be seventy feet (70') in R-1, R-2, R-3, R-4, R-5, R-6, planned unit development (PUD), and business districts. Maximum tower height shall be limited to one hundred feet (100') in the light industrial (I-1) district and two hundred feet (200') in the general industrial (I-2) district. (See table 8.11.3 of this section.)

      5.   Towers may not be located on top of buildings or structures in any residential district. In nonresidential districts, towers are permitted on top of buildings or structures (which are not tower accessory structures). The top of such towers shall not be more than thirty percent (30%) of the building height above the building, nor shall be more than seventy feet (70') above the building, whichever is less. (See table 8.11.3 of this section.)

      6.   The base of the tower, any guywires, and any associated structures, walls, or fences shall be surrounded by a landscaped buffer developed in accordance with section 8-3-11 of this title (landscaping requirements). Towers and antennas shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

      TABLE 8.11.3

      TOWER REGULATIONS SUMMARY

 

 

 

   E.   Collocation: The shared use of towers is encouraged. Applications for towers which will, immediately upon completion, operate with more than one user may reduce setback requirements from adjacent nonresidential property. The setback from adjacent nonresidential property may be reduced by twenty five percent (25%) when two (2) users enter into a binding agreement prior to the issuance of the building permit. The setback from adjacent nonresidential property may be reduced by up to fifty percent (50%) when three (3) or more users enter into a binding agreement prior to the issuance of the building permit. A binding agreement for the purposes of this section is one signed by all parties using the tower and by the affected landowners. This signed agreement will commit the users to occupy the tower immediately upon its completion.

   F.   Antennas Mounted On Utility Poles Or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

      1.   In residential districts, the equipment cabinet or structure may be located in a front, side or rear yard provided the facility is no greater than twenty feet (20') in height or three hundred fifty (350) square feet of gross floor area and the cabinet/structure is located a minimum of twenty five feet (25') from all lot lines.

      2.   In business or industrial districts, the equipment cabinet or structure shall be no greater than twenty feet (20') in height. The facility shall be screened from view of all adjacent residential properties.

      3.   A conditional use permit and site plan application and fee are required.

   G.   State Or Federal Requirements: All towers must meet current standards and regulations of the federal aviation administration (FAA), federal communications commission (FCC) and any other agency of the local, state or federal government with the authority to regulate towers and antennas.

   H.   Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with applicable state and local building code standards and the applicable standards for towers that are published by the Electronic Industries Association, as amended. (Ord. 2012-1, 4-17-2012)

   A.   Towers that are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days from date of written notification. Towers and grounds which are not maintained for a period of six (6) months or more, as agreed to in the site plan agreement, shall be removed by the owner within ninety (90) days from date of written notification.

   B.   To assure the removal of towers which are one hundred feet (100') or greater in height above the ground, which have not been maintained or have been abandoned, a performance bond, cash, letter of credit, or other approved security shall be submitted for each tower. The amount of the bond, cash, letter of credit, or other approved security shall be based on an estimate provided by a contractor licensed in the state of Wyoming, who shall estimate the cost of removing the tower. This estimation shall be provided in writing and submitted with the application. There will be a ten percent (10%) contingency fee added to the contractor's estimate. In the event the owner shall fail to remove any tower not maintained or abandoned, as provided in this section, the town shall have the right to enter the premises and remove such tower without further notice to owner, in which event, all removal costs shall be charged against the bond or security and the owner until satisfied.

   C.   All towers shall be covered by a general liability insurance policy in an amount not less than five hundred thousand dollars ($500,000.00).

   D.   The town reserves the right to enter upon and disconnect, dismantle or otherwise remove any tower or telecommunications facility should same become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the mayor or his designee, such as natural or manmade disasters or accidents, when the owner of any such facility is not available to immediately remedy the hazard. The town shall notify any such owner of any such action within twenty four (24) hours. The owner and/or operator shall reimburse the town for the costs incurred by the town for action taken pursuant to this section.

   E.   To enable the town to keep accurate, up to date records of the placement of telecommunication towers and facilities within city limits, at the time the work on the facility or tower is completed, and before operation begins, the owner/operator of the tower shall submit documentation to the city's building department providing:

      1.   Certification in writing that the tower is structurally sound and conforms to the requirements of the town's building code and all other construction standards set forth by this code, federal and state law by filing, a sworn and certified statement by an engineer to that effect. The tower owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The certification must be based upon on site physical inspection;

      2.   The number of providers located on the tower, the type and use of any antenna located on the tower, and the name, address and telephone number of any owner, if there has been a change of ownership of the tower;

      3.   An initial payment of a registration fee which shall be in addition to any franchise fee paid by owner or operator of the tower or facility, for all towers or facilities located within the town, shall be required and shall be submitted to town clerk at the time of submission of the documentation, as required in subsections E1 and E2 of this section;

      4.   An annual registration payment, which shall be in addition to any franchise fee paid by the owner or operator of the tower or facility, for all towers or facilities located within the town shall be required and submitted to the community development department no later than July 1 of each year, and shall include a written certification stating that the data submitted pursuant to subsection E1 of this section is current as of the date of payment, and if not current, stating any changes therein. In the event the owner does not fulfill the annual registration requirement or does not pay the annual registration fee, the owner shall remove such tower within ninety (90) days of written notification. In the event the owner shall fail to remove such tower, as provided in this section, the city shall have the right to enter the premises and remove the tower without further notice to owner, in which event, all removal costs shall be charged against the bond or security and the owner until satisfied, as provided in subsection B of this section.

      5.   The town reserves the right upon reasonable notice to the owner/operator of the tower to conduct inspections for the purpose of determining whether the tower, equipment, and/or related buildings comply with all provisions of this code, the applicable building codes, or all other construction standards provided by local, state, or federal law. (Ord. 2012-1, 4-17-2012)

   A.   No Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this title shall not be deemed to constitute the expansion of a nonconforming use.

   B.   Preexisting Towers: New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this title. (Ord. 2012-1, 4-17-2012)