A.

It is the intent of this title to permit legal nonconforming lots, structures, or uses to continue until they are removed or are abandoned, but not to encourage their continuance. It is recognized that there exist within the zoning districts established by this title, lots, structures, and uses of land which were lawful before this title was adopted and which would be prohibited, regulated, or restricted under its present terms. Such lots, structures, and uses are declared to be incompatible with permitted lots, structures, and uses in the district involved. It is the intent of this title that, unless otherwise provided for, such nonconforming uses of land or structures, shall not be enlarged, expanded or extended, or be used as grounds for adding additions to existing structures or new structures or uses otherwise prohibited which would increase their nonconformity. If a nonconforming use is discontinued for three hundred sixty-five calendar days, any future use of the land shall be in conformity with the provisions of this title.

B.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after the passage of this title by alteration of a building or premises or by the addition of other uses of a nature which would be prohibited in the zoning district involved, unless otherwise provided for in this chapter. Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which construction was lawfully begun prior to the effective date of this title, or any building upon which a building permit has been issued and construction has not begun. If demolition or removal of an existing structure is involved, such demolition or removal shall be considered as part of the construction.

C.

There may be a change of tenancy, ownership, or management of any existing nonconforming use of land, structure, or land and structure, providing the use is continuous and there is not a change or expansion of such nonconforming use.

D.

Nonconforming residential structures that are damaged or destroyed may be reconstructed or repaired to the extent that the reconstructed square footage does not exceed the square footage that existed on January 1, 2007 by greater than ten percent and provided that all of the following conditions are met:

1.

The repair or reconstruction meets the provisions of the Casper Municipal Code, and all other applicable law and regulations in effect at the time of the repair or reconstruction; and

2.

The repair or reconstruction commences within three hundred sixty-five days from the date of damage or destruction; and

3.

The residential structure was used entirely for residential use within the previous three hundred sixty-five days prior to the damage or destruction; and

4.

If the repair or reconstruction is suspended or abandoned for a period of one hundred eighty days after the time the work is commenced, the building permit shall become invalid. The community development director or his or her designee is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty days each. All extensions shall be in writing with justifiable cause demonstrated.

(Ord. 19-07 § 1, 2007; Ord. 14-98 § 5, 1998; Ord. 5-91 (part), 1991

A.

In any district, a structure or structures and accessory buildings may be erected on any single, previously platted lot, even though such lot fails to meet the requirements for area and/or width that are applicable in the zoning district involved, provided that the proposed use of the structure or structures is permitted, and that side yards, setbacks, parking spaces, and other requirements conform to the regulations for the zoning district in which such lot is located.

B.

If two or more platted lots or combination of platted lots, or portions thereof, which have a continuous frontage are under single ownership at the time of the adoption of the ordinance codified in this title, and if such lots or combination of lots, or portion thereof, do not meet the requirements for area or width of single lots when viewed individually, the lots involved shall be considered to be a single lot. No division of a lot, lots, or parcel shall be made which leaves the remainder of the lot, lots, or parcel with width or area below the requirements stated in the zoning district in which it is located or would otherwise make it nonconforming.

(Ord. 5-91 (part), 1991)

A.

At the effective date of the ordinance codified in this title, if a lawful use of land exists which becomes nonconforming by the terms of this title, the use may continue subject to the following provisions:

1.

The nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of the ordinance codified in this title unless a legal exception has been granted therefor;

2.

A nonconforming use shall not be moved in whole or in part to any other portion of the lot, tract, or parcel occupied by said use after the effective date of the ordinance codified in this title;

3.

If any nonconforming use of land, except seasonal agricultural use, ceases for any reason for a period of three hundred sixty-five consecutive days or more, any subsequent use of such land shall thereafter conform to this title;

4.

Where the number of livestock or fowl exceeds the limitations set forth in the regulations for the zoning district in which the land is located, the use shall be allowed to continue, providing that upon the sale or reduction of the livestock or fowl, the number shall not be allowed to increase above the number allowed in that zoning district.

(Ord. 14-98 § 6, 1998; Ord. 5-91 (part), 1991)

A.

If a lawful structure exists at the effective date of the ordinance codified in this title which would be nonconforming after passage, then no such structure may be enlarged, altered, or expanded, except as provided in subsection B of this section, or unless a lawful exception has been granted. The continued use of all such nonconforming structures is subject to the following provisions:

1.

Should a structure be in need of repair to allow continued occupancy, or damaged or destroyed by any means the cost of which would exceed seventy-five percent of its replacement cost, exclusive of foundation, as determined by the building official based upon a written bid submitted by a building contractor licensed in the city, it shall not be reconstructed except in conformity with this title;

2.

Should any structure be moved for any reason for any distance whatsoever, it shall thereafter conform to this title. With the exception of a manufactured home (mobile), which may be replaced with a newer model providing placement is otherwise in compliance with the law;

3.

If any nonconforming use of structures, except seasonal residence for certain periods of the year and agricultural use, ceases for any reason for a period of three hundred sixty-five consecutive days or more, any subsequent use of such land shall thereafter conform to this title.

B.

A legal nonconforming structure, as defined in subsection A of this section, which is nonconforming as a result of its location in relation to one or more lot lines, may not be enlarged, expanded, or altered, if such would result in the perimeter of the modified structure encroaching into a required front, back, or side yard, further than the perimeter of the existing structure. Garages, however, shall be required to have a minimum front setback of twenty feet.

(Ord. 14-98 § 7, 1998; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

A.

No use or operation which may cause one or more of the environmental problems as set forth below shall not be allowed in any district.

B.

Objectionable or Harmful Substances, Conditions, or Operations. Any environmental uses or operations which may cause one or more of the following environmental problems:

1.

Creation of a physical hazard by fire, explosion, radiation, or other cause to persons or property at or beyond the property line of the premises in question;

2.

Discharge of any hazardous or toxic liquid or solid waste into any stream or body of water, or into any public or private disposal system or into the ground so as to contaminate the groundwater supply;

3.

Maintenance or storage of any material, either indoors or outdoors, so as to cause or to facilitate the breeding of vermin;

4.

Emission of smoke or gas which constitutes a hazard to the health, safety, or welfare of the general public, excluding fireplaces and wood and coal burning stoves;

5.

Fly ash, gas, or dust which can cause hazard, damage, or injury to persons, animals, or plant life or to other forms of property at or beyond the property line of the premises in question;

6.

Creation or causation of any offensive odors or unlawful noise at or beyond any property line of the premises in question;

7.

Creation or maintenance of any dispatching or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question;

8.

Beehives and/or keeping of bees, except as otherwise provided in this code; or

9.

Any environmental public nuisance.

(Ord. 5-91 (part), 1991)

(Ord. No. 16-15, § 1, 8-4-2015)

Intent. This section is intended to properly regulate the number of required off-street parking spaces, so as to provide for the needs of occupants, customers, visitors, and others, and to restrict or limit the use of on-street parking, and assist in the regulation of traffic flow.

A.

General Requirements for Off-Street Parking.

1.

All partial space requirements of 0.5 or above shall be rounded to the next highest number of usable parking spaces.

2.

Any building improvements, or use of land approved after the effective date of the ordinance codified in this title, shall include the necessary off-street parking space as set forth in this title.

3.

When any building is enlarged to a degree that increases the intended use, the owner shall comply with applicable off-street parking space requirements set forth in this section.

4.

Except as provided hereinafter, no existing parking facility shall be reduced in number below the number of spaces required for such principal use plus all accessory uses. However, off-street spaces may be provided in a parking structure in lieu of part or all of the off-street parking spaces originally required under this section.

5.

No building permits or certificates of occupancy shall be granted for any new building or change of use until a plot plan showing conformance with off-street parking requirements is submitted and approved by the city engineer and the planning director, or their designees.

6.

No off-street parking space to be provided under the terms of this section shall be located within the right-of-way of any public street.

7.

In calculating total off-street parking space requirements other than residential districts, credit may be granted if adequate off-street parking space meeting all requirements of this section is available within a distance of four hundred feet of the use. Application for such credit shall demonstrate that such parking space has been irrevocably secured for a minimum period of ten years from the date of approval. In the central business district, credit may also be allowed when the owner or person in charge of the use has obtained equivalent off-street space elsewhere within the district.

8.

All off-street parking spaces shall be accessible, at all times, from a street, paved alley, or driveway intended to serve such off-street parking.

9.

Except for single-family residential, family children care center-zoning review, family child care home, and family child care home-zoning review purposes, no tandem parking space shall be counted as more than one off-street parking space.

10.

The stipulated minimum off-street parking space requirements set forth in this section may be reduced by an exception granted by the commission, after receiving written findings and recommendations of city staff; however, such reduction shall not exceed fifty percent of the requirements of said zone when a greater reduction is allowed under the terms of this title.

11.

Cumulative off-street parking space requirements for mixed-use occupancies may be reduced where it can be demonstrated that the peak requirement of the occupancies occur at different times (such as midday for office, commercial, or industry uses and evening for residential uses). A reduction of up to one hundred percent in the C-3 district and in other districts up to fifty percent in the total number of spaces required may be approved by the commission as a variance, if supported by a parking demand study prepared by a qualified parking consultant who is approved by the city engineer and the planning director.

12.

a.

All off-street parking facilities, including private drives to garages, required pursuant to the provisions of this title shall be designed in accordance with Title 16 of the Casper Municipal Code pertaining to subdivision regulations. Parking surfaces shall be covered with concrete or asphalt concrete pavement materials in accordance with the city's standard specifications for street construction. Temporary parking lot paving materials, including, but not limited to, gravel or rotomill, may be permitted by the city manager, or his designee, for a period of not more than two calendar years. Council may approve a one year extension on the use of temporary paving materials.

b.

Parking facilities shall be arranged for convenient access and safety of pedestrians and vehicles. No open area in an off-street parking area shall be encroached upon by a building, storage or any other use; nor shall the number of parking spaces be reduced except upon approval of the commission, and then only after proof that by reason of reduction in floor area, seating area, number of employees, clients, customers or visitors, or change in other factors controlling the regulation of the number of parking spaces, the proposed reduction is reasonable and consistent with the intent of this title. As determined by the commission and council, physical barriers and visual screening shall be provided between the parking facilities and adjacent residential properties.

13.

It shall be a violation of this title for the owner or occupant of a lot or tract of land within the city, to pave the area between the sidewalk and curb and gutter (parkway) with asphalt or use the same for off-street parking purposes, unless the owner or occupant is eligible for a parkway parking permit and has complied with Chapter 10.36 of the Casper Municipal Code.

14.

Lighting facilities shall be so designed and installed that illumination will be directed away from abutting residential properties and will not interfere with traffic signals. Light poles shall not exceed thirty feet in height unless approved as a variance granted by the commission.

15.

Parking for R-3 and R-4 districts shall be located on the same lot or tract as the main structure is located. The parking lot shall be properly maintained in a safe condition.

16.

Schools shall be given credit for permitted on-street parking on the side of the street which abuts the school and for permitted on-street parking abutting any adjacent public park.

B.

Construction Requirements.

1.

All off-street parking spaces shall meet the following standards:

a.

Minimum dimensions for any standard vehicular parking space shall be eight and one-half feet in width measured from centerline to centerline, and twenty feet in length;

b.

A minimum of two hundred eighty square feet shall be required for off-street parking of a standard vehicle, including access aisles and/or private drive, carports, and garages;

c.

Minimum dimensions for any off-street parking space for a compact vehicle shall be seven feet, six inches in width and fifteen feet in length;

d.

Up to thirty percent of the total number of off-street parking spaces may be designated for compact vehicles;

e.

A minimum of two hundred twenty square feet shall be required for off- street parking of a compact vehicle, including access aisles and/or private drives, carports, and garages;

f.

Handicapped Parking. All off-street handicapped parking spaces within the space requirements specified in this section shall be placed as close as possible to a major entrance of a building or use and shall not in any case be located more than one hundred feet in distance from the major entrance of a building or use. Such spaces shall provide minimum vertical clearance of one hundred fourteen inches (two thousand eight hundred ninety-five millimeters) at accessible passenger loading zones and along at least one vehicle access route to such area from site entrance(s) and exit(s). Handicapped off-street parking shall be designated by a vertically mounted sign, a maximum of six feet in height, and also by pavement marking or otherwise as provided by applicable local law:

i.

Handicapped parking spaces shall be provided in the following ratio:

ii.

One in every eight accessible spaces, but not less than one, shall be served by an access aisle ninety-six inches (two thousand four hundred forty millimeters) wide minimum and shall be designated "van-accessible" by additional signage with "van-accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space. The vertical clearance at such space shall provide minimum vertical clearance of ninety-eight inches (two thousand four hundred ninety millimeters) at the parking space and along at least one vehicle access route to such space from site entrance(s) and exit(s). All such spaces may be grouped on one level of a parking structure.

g.

All off-street parking lots shall be stripped using either white or yellow paint;

h.

Signage. The color or colors and sizes of said signs shall be the same as those set forth in the most recent copy of the manual on uniform traffic control devices for streets and highways;

i.

The requirements of two hundred eighty square feet for a standard off-street parking space or two hundred twenty square feet for a compact off-street parking space may be adjusted by the commission as an exception if the owner of a lot within the city submits an off-street parking plan to the planning director and city engineer outlining facilities for said lot. The plan shall demonstrate adequate ingress, egress, and internal circulation and shall provide the number of off-street parking spaces for the use as required in this title.

(Ord. 35-08 §§ 1—3, 2008; Ord. 45-07 § 1, 2007; Ord. 48-06 § 1, 2006; Ord. 1-00 § 1, 2000; Ord. 26-99 § 1 (part), 1999; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991; Ord. No. 13-22, 9-6-2022)

The following are minimum standards for off-street parking spaces to maintain in connection with the building and the use indicated. In those instances where there are clearly unidentifiable multiple uses within a structure, the minimum standards shall apply to each use, resulting in a total parking requirement when summed unless the owner can justify that, due to the type of business, a cross-over type parking arrangement between the two uses is applicable for the particular business or businesses.

(Ord. 35-08 §§ 4, 5, 2008; Ord. 48-06 § 2, 2006; Ord. 27-01 §§ 3—4, 2001; Ord. 2-99 § 1, 1999; Ord. 20-94 § 2, 1994; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

(Ord. No. 29-11, § 1, 11-15-2011)

A.

The council is authorized to establish off-street parking within the city on properties owned or under the control of the city.

B.

The council or its duly authorized appointee is authorized to establish fee schedules for the use of city off-street parking facilities, which may include daily and monthly parking.

(Ord. 5-91 (part), 1991)

A.

Every retail establishment, storage warehouse, industrial plant, manufacturing establishment, freight terminal, or wholesale establishment which has a gross floor area of ten thousand square feet or more, intended for such use, shall provide loading docks or loading spaces. If loading spaces are used, one loading space of sixty feet in length and ten feet in width shall be required for each ten thousand square feet of floor area.

If loading docks are used, one loading dock shall be required for each ten thousand to fifty thousand square feet of floor area. For each loading dock, one thousand two hundred square feet shall be provided for turn around area and a twenty foot by sixty foot ingress and egress shall be provided to the loading dock.

B.

The minimum required loading area shall be not less than ten feet in width and twenty-five feet in length and have an unobstructed height of not less than fourteen feet and shall be adjacent to and accessible from a street, highway, or alley.

C.

Off-street loading facilities shall be adjacent to the structure they serve.

(Ord. 5-91 (part), 1991)

The following regulations shall apply to all districts except the C-3 district:

A.

No part of an area or width required for the purpose of complying with the provisions of this title shall be included as an area or width required for another lot;

B.

Cornices, coves or similar architectural projections exceeding four feet, zero inches shall be considered a part of the building;

C.

The yard requirements for one building shall not be substituted as yard requirements for another building.

(Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

Fences, walls, hedges, shrubs, trees, accessory buildings and accessory uses are permitted in all districts in accordance with the following limitations:

A.

A fence or wall shall not exceed eight feet in height, except as provided in this section.

B.

No fence or wall shall be constructed or modified unless the owner first obtains a fence permit from the community development department. A building permit is required for any fence exceeding six feet in height, and for any wall exceeding four feet in height.

C.

At the time the application for a fence permit is submitted to the community development department, a uniform fee, as established by resolution, shall be paid by the applicants.

D.

Any residential fence, wall, hedge, accessory building or accessory use, constructed or planted between the street and front building line and/or front setback shall not exceed four feet or forty-eight inches in height. The height of the fence, wall, hedge, accessory building or accessory use is measured from grade at the location of where the same is to be installed. Any portion of a fence above thirty-six inches shall be a minimum of forty percent open space.

E.

A corner lot is presumed to have two frontages. Both front yards shall follow the required setbacks established for each zoning district. The rear yard (opposite side from where the house is addressed) begins at the rear corner of the residence and runs perpendicular from the corner to the side property line as illustrated by Figure 17.12.120A.

F.

At any corner formed by intersecting streets, it is unlawful to install any fence or wall or set out any hedge, shrubbery, trees, natural growth, accessory building or accessory use, or other obstruction within the triangle formed by the intersection of the curb face of the extended curb lines, as illustrated by Figure 17.12.120 of this section, measured back a distance of thirty feet, with a line drawn to form a right triangle. The foregoing provisions shall not apply to fences, walls, hedges, shrubs, trees and accessory uses of a height of less than thirty-six inches above the sidewalk.

G.

A fence or wall conforming to the physical requirements of this section may be constructed to the back of the sidewalk and may encroach upon the public right-of-way once a permit to construct such a fence has been issued by the community development department. For all purposes necessary for laying out, constructing, inspecting, operating, maintaining, replacing, or repairing said public right-of-way, the property owner will be responsible for any costs incurred by the city to return said public right-of-way property back to its preexisting condition or better.

H.

No barbed wire, razor wire, or sharp-pointed metal fence shall be installed in any district, except for security fencing in C-2, C-3, C-4, M-I, and M-2 districts, when such barbed wire, razor wire, or other sharp-pointed metal fence is installed above the height of six feet from the ground level. Barbed wire fences are allowed in an AG district. Electrically charged fences are prohibited in all zoning districts.

I.

A fencing "buffer" will be allowed for residential uses that abut a commercial, business, industrial, or multi-family use, in order to improve compatibility between the properties as follows:

1.

All fence buffering shall be at the sole cost and expense of the resident owning the property immediately abutting the properties as described above.

2.

The "buffering" fence may run along, and the full length of the common property line and must be in compliance with Subsection 17.12.120H. The remaining sides of the residential property must be fenced in compliance with subsections A through G of this section.

3.

Shall be constructed with a valid fence/accessory building permit for a fence with a height of up to six feet, and a valid building permit for fences that are constructed over six feet in height to a maximum eight feet. Both types of permits are obtained through the community development department.

4.

Shall meet all other requirements of this Code for the area/zoning on which the property is located.

J.

Tree branches which overhang the public sidewalk or which are located within the right-of-way triangle, identified in Figure 17.12.120 of this section, shall be kept trimmed to a height of at least eight feet above the sidewalk. Tree branches which overhang the public streets or alley shall be trimmed to a height of not less than fifteen feet above the street or alley.

(Ord. 29-05 §§ 1, 3 (part), 2005; Ord. 25-05 § 1, 2005; Ord. 24-01 § 8, 2001; Ord. 26-99 § 1 (part), 1999; Ord. 6-99 §§ 2, 3, 1999; Ord. 20-97 § 2, 1997; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

(Ord. No. 14-09, § 1, 6-16-2009; Ord. No. 3-18, § 1, 4-3-2018)

A.

Detached garages and/or accessory buildings on residentially zoned lots or residential use lots or combination of lots as legally described for the primary residence and recorded with the Natrona County assessor's office, may be located in any zoning district in accordance with this section.

B.

No detached garage and/or accessory building, or portion thereof, shall be built upon a public easement.

C.

A building permit is required for buildings one hundred twenty square feet in area and over as measured at the maximum exterior wall dimension. One story detached accessory buildings used as tool and storage sheds, playhouses and similar uses that measure under one hundred twenty square feet in area as measured at the maximum exterior wall dimension require a fence/accessory building permit.

D.

There shall be a residential building on-site before a detached garage and/or accessory building may be constructed, or they may be constructed at the same time.

E.

Any garage that fronts on any street shall maintain a street setback of twenty-five feet, measured from the property line. Any accessory building that fronts on any street shall meet the front yard setback required for that zoning district.

F.

Detached garages and/or accessory buildings shall:

1.

Maintain a minimum rear setback of five feet; with the exception of garages and/or accessory buildings abutting alleys, which shall have a three-foot minimum rear setback. One story detached accessory buildings under one hundred twenty square feet in area as measured at the maximum exterior wall dimension shall have a minimum one-foot rear yard setback;

2.

Maintain a minimum side yard setback of five feet in all zoning districts. One story detached accessory buildings under one hundred twenty square feet in area as measured at the maximum exterior wall dimension shall have a minimum one-foot side yard setback;

3.

Meet all other setback requirements of the zoning district in which they are located and shall maintain a minimum three-foot separation between the eaves of other buildings, including buildings located on adjacent lots;

4.

Not exceed one thousand five hundred square feet in area as measured at the maximum exterior wall dimension nor cover more than fifteen percent of the total area of the lot or lots associated with the primary residence, whichever is less. A conditional use permit approved by the planning and zoning commission pursuant to Section 17.12.240 of this Code is required for detached garages and/or accessory buildings that exceed one thousand five hundred square feet in area as measured at the maximum exterior wall dimension nor cover more than fifteen percent of the total area of the lot or lots dedicated to the principal use, whichever is less;

5.

Only be used by the owner or tenant for those accessory uses allowed in the respective zone;

6.

Buildings greater than one hundred twenty square feet in area as measured at the maximum exterior wall dimension shall be similar in design, exterior residential materials, and roof pitch to the principal and/or surrounding residential neighborhood buildings. Vertical metal siding is expressly prohibited on buildings one hundred twenty square feet in area and over as measured at the maximum exterior wall dimension.

G.

A conditional use permit shall be required for detached garages and/or accessory buildings that exceed twelve feet in an exterior wall building height above the finished floor, measured at the primary access to the building.

H.

Where multiple lots of record have continuous frontage and are under single ownership, detached garages and/or accessory buildings may be constructed on a separate lot which is adjacent to and contiguous to the lot upon which the principal building is located, subject to all other requirements of this section and after approval of a conditional use permit.

I.

A detached garage and two accessory buildings may be allowed in association with the principal building. The detached garage is limited in size as set forth in subsection (F)(4) of this section, and the two accessory buildings shall not exceed a combined total of four hundred square feet in area as measured at the maximum exterior wall dimension.

(Ord. 28-08 § 4, 2008; Ord. 25-05 § 2, 2005)

(Ord. No. 15-12, § 2, 5-1-2012)

All residential outside storage shall:

A.

Have a residential building on-site before residential outside storage is permitted. Permitted residential outside storage shall be limited to residential zoned lots or residential use lots;

B.

Be no closer than the front building line of the residence or twenty-five feet from the front property line;

C.

Be limited to an area of no more than one hundred twenty square feet per lot or combination of lots as legally described for the primary residence and on file with the Natrona County assessor's office, with the exception of firewood that is stored, as defined in Section 8.36.005 of this code;

D.

Be limited to a height of five feet;

E.

The outside storage of tires shall not be permitted on any residentially zoned lots or residential use lots;

F.

Residential outside storage of construction materials may be allowed, provided that the construction materials are for use on-site pursuant to a current, valid construction permit. All other construction materials for projects not requiring a building permit and other construction materials may be stored subject to all other limitations of this code.

(Ord. 29-05 § 2, 2005)

A.

Purpose. The provisions of this section shall be known as the wireless communication facilities regulations. It is the purpose of these provisions to delineate restrictions, development standards and siting criteria, and establish removal procedures in order to protect the city from the uncontrolled siting of wireless communication facilities in locations that have significant adverse effects and cause irreparable harm. It is further the purpose of these provisions:

1.

To protect the community's visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the city's goal to minimize the visual impact of wireless communication facilities on the community, particularly in and near residential zones;

2.

To promote and protect the public health, safety and welfare, preserve the aesthetic character of the Casper community, and to reasonably regulate the development and operation of wireless communication facilities within the city to the extent permitted under state and federal law;

3.

To minimize the impact of wireless communication facilities by establishing standards for siting design and screening;

4.

To preserve the opportunity for continued and growing service from the wireless industry;

5.

To accommodate the growing need and demand for wireless communication services;

6.

To establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the city, its residents, businesses and community at large;

7.

To ensure city zoning regulations are applied consistently with federal and state telecommunications laws, rules, regulations and controlling court decisions; and

8.

To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (1) prohibit or effectively prohibit the provision of wireless services, (2) unreasonably discriminate among functionally equivalent service providers, or (3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission.

B.

Definitions. As used in this section, the following terms shall have the meanings set forth below:

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that sends or receives digital signals, analog signals, radio frequencies or wireless communication signals.

"Antenna array" means a single or group of antenna elements, not including DAS and small cells, and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless communication signals.

"Applicant" means any person engaged in the business of providing wireless communication services or the wireless communications infrastructure required for wireless communications services and who submits an application.

"Backhaul network" means the lines that connect a provider's towers or cell sites to one or more cellular telephone switching offices or long distance providers, or the public switched telephone network.

"Base station" means a structure or equipment at a fixed location that enables commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.

(1)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).

(3)

The term includes any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(4)

The term does not include any structure that, at the time the relevant application is filed with the state or the city under this section, does not support or house equipment described in this section.

"Collocation" means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

"Distributed antenna system" or "DAS" means a network consisting of equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.

"Downtown area" means the area is located in the downtown development district boundaries and the OYDSPC as shown on the zoning map.

"Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment; or

(3)

Replacement of transmission equipment.

"Eligible support structure" means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the city under this section.

"Existing" means a tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Macro cell" means an antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to the surrounding area.

"Site" means, in relation to a tower that is not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. In relation to support structures other than towers, site means an area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small cells" and "small wireless facilities" mean compact wireless equipment that contain their own transceiver equipment and function like cells in a wireless network but provide a smaller coverage area than traditional macro cells and also add additional capacity and meet the following criteria: (1) the facilities (i) are mounted on structures fifty feet or less in height including their antennas, or (ii) are mounted on structures no more than ten percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; (2) each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; (3) all other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume; (4) the facilities do not require antenna structure registration under federal law; (5) the facilities are not located on Tribal land as defined under federal law; and (6) the facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified under federal law.

"Stealth design" means a design that minimizes the visual impact of wireless communication facilities by camouflaging, disguising, screening or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights and architecturally screened roof-mounted antennas.

"Substantial change" means a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater. Changes in height shall be 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 should be measured from the dimensions of the original tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (47 U.S.C. Section 1455(a));

(2)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply 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 (1) through (4).

"Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

"Tower height" means the vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna. A lightning rod, not to exceed ten feet in height, shall not be included within tower height.

"Transmission equipment" means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Utility support structure" means utility poles or utility towers supporting electrical, telephone, cable or other similar facilities; street light standards; or pedestrian light standards.

"Wireless communication facilities" or "WCF" means an unstaffed facility or equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, a tower or attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets, and including small wireless facilities.

"Zone, commercial" or "commercial zone" means real property that is located within the limits of the city that is zoned primarily for commercial land uses. For the purposes of regulating wireless communication facilities and determining requirements in mixed use areas, the following zoning districts are considered to be commercial zones: C-1, C-2, C-3, C-4, ED, PUD, M-1 and M-2.

"Zone, residential" or "residential zone" means real property that is located within the limits of the city that is zoned primarily for residential land uses. For the purposes of regulating wireless communication facilities and determining requirements in mixed use areas, the following zoning districts are considered to be residential zones: AG, R-1, R-2, R-3, R-4, R-5, R-6, HM and OB.

C.

Applicability.

1.

New Towers, Antennas, DAS and Small Cells. All new towers, antennas, DAS and small cells in the city shall be subject to these regulations.

2.

Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, except as otherwise provided herein.

3.

Exempt Facilities. The following are exempt from this section:

a.

FCC licensed amateur (ham) radio facilities;

b.

Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter;

c.

A government-owned WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this section for up to one month after the duration of the state of emergency;

d.

A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the city. The WCF shall be exempt from the provisions of this section for up to one week before and after the duration of the special event; and

e.

Other temporary, commercial WCFs installed for a period of up to ninety days, subject to the city's discretion; provided that such temporary WCF will comply with applicable setbacks and height requirements.

D.

Tower Requirements.

1.

All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall obtain a city 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 Building Code, as adopted by the city.

3.

Preengineered and prefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources shall require certification of a state professional engineer, providing that the structure and installation are in accordance with manufacturer's recommendations. All drawings and installation instructions are subject to the approval of the chief building official or the designee thereof.

4.

All non-preengineered and non-prefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, including the substructure, shall be approved by a licensed professional engineer, registered in the state.

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 federal, state and city 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.

E.

Distributed Antenna Systems and Small Cells.

1.

Distributed antenna systems and small cells are allowed in all zones by right (unless they involve the installation of a pole or tower that exceeds the height limitation of the underlying zoning district) and except for the FC or OYD zones, as long as all other requirements of the zoning district are met along with stealth requirements, regardless of the siting preferences listed in subsection I herein, provided the applicant also complies with all federal laws (such as the Americans with Disabilities Act) and state laws and requirements.

2.

Distributed antenna systems and small cells in all zones are subject to approval by administrative review unless their installation requires the construction of a new pole or tower that exceeds the height limitation of the underlying zoning district. A conditional use permit shall not be required for stealth replacement utility support structures, so long as they are substantially similar in height and design.

3.

A single permit application may be used for multiple distributed antennas that are part of a larger overall DAS network. A single permit application may also be used for multiple small cells spaced to provide wireless coverage in a defined geographic area. A single license agreement may be used for multiple node locations in DAS and/or small cell networks.

F.

General Requirements.

1.

Inventory of Existing Sites. Each applicant for a macro cell tower shall provide to the community development department an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one-half mile of the border thereof, including specific information about the location, height, and design of each tower or antenna. The community development department may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

2.

Color. The antenna array shall be placed and colored to blend into the architectural detail and coloring of the host structure. Towers shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns or other site specific colors may be appropriate; however, each case will be evaluated individually.

3.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the chief building official or the designee thereof may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding property owners. Security lighting for the equipment shelters or cabinets and other on the ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.

4.

State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if WCF equipment is added either through collocation or replacement, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

5.

Building Permit. A building permit is required for all wireless communication facilities, and shall be subject to the site development standards prescribed herein. A site development plan shall contain the following information:

a.

Construction drawings showing the proposed method of installation;

b.

The manufacturer's recommended installations, if any; and

c.

A diagram to scale showing the location of the wireless communication facility, property and setback lines, easements, power lines, all structures, and required landscaping.

6.

Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable industry standards for towers, as amended from time to time. Compliance with this section is subject to the city Code enforcement procedures, and other applicable provisions of the city Code. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower at the owner's expense.

7.

Notice. For purposes of this section, any approval by administrative review, conditional use permit or appeal of a conditional use shall require notice as required by this code.

8.

Signs. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted/required by the city.

9.

Visual Impact. All WCFs in residential uses and zones and within two hundred feet of residential zones or in the downtown area shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the built environment, through matching and complimentary existing structures and specific design considerations such as architectural designs, height, scale, color and texture or be consistent with other uses and improvements permitted in the relevant zone.

10.

Use of Stealth Design. The applicant shall provide justification if it is not employing stealth design. Stealth design is required in all zones (for example, in residential zones, the OYD and the downtown area), and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening wireless communication facilities in order to reduce visual impact must screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind that are not generally found growing in the city's ecosystem.

11.

Building-Mounted WCFs.

a.

All transmission equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure or conform to the underlying use and shall use materials in similar quality, finish, color and texture as the existing underlying structure.

b.

All roof-mounted transmission equipment shall be set back from all roof edges to the maximum extent feasible consistent with the need for "line-of-sight" transmission and reception of signals.

c.

Antenna arrays and supporting transmission equipment shall be installed so as to camouflage, disguise or conceal them to make them closely compatible with and blend into the setting or host structure.

12.

Antenna Arrays. Wireless communication antenna arrays are permitted in any zone as long as they are located upon an existing structure (except on single family houses, signage or a building less than sixty feet in height), that provides sufficient elevation for the array's operation without the necessity of constructing a tower or other apparatus to extend the antenna array more than fifteen feet above the structure. Installation on city property requires the execution of necessary agreements. However, if any support tower is needed to achieve the needed elevation, then a conditional use permit is required. If a new equipment cabinet is to be installed, it must be screened if it is higher than the existing screened facility.

13.

WCFs in the Public Rights-of-Way.

a.

Utility Support Structure—Mounted Equipment. All pole-mounted transmission equipment shall be mounted as close as possible to the pole so as to reduce the overall visual profile to the maximum extent feasible.

b.

License or Agreement. For all WCFs to be located within the right-of-way, prior to submitting for a permit, the applicant must have a valid municipal agreement, license, franchise agreement, right-of-way agreement, encroachment permit or exemption otherwise granted by applicable law. If the applicant is willing to install its ancillary facilities underground, that determination by the city shall be subject to administrative review.

14.

Accessory Uses.

a.

Accessory uses shall be limited to such structures and equipment that are necessary for transmission or reception functions, and shall not include broadcast studios, offices, vehicles or equipment storage, or other uses not essential to the transmission or reception functions.

b.

All accessory buildings shall be constructed of building materials equal to or better than those of the primary building on the site and shall be subject to site plan approval.

c.

No equipment shall be stored or parked on the site of the tower, unless used in direct support of the antennas or the tower that is being repaired.

15.

Accessory Equipment. In residential zones, all accessory equipment located at the base of a WCF shall be located or placed (at the applicant's choice) in an existing building, underground, or in an equipment cabinet that is (a) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and (b) be located so as to be unobtrusive as possible consistent with the proper functioning of the WCF.

16.

Site Design Flexibility. Individual WCF sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the WCF and supporting equipment may be installed so as to best camouflage, disguise them, or conceal them, to make the WCF more closely compatible with and blend into the setting or host structure, upon approval by the community development director or the designee thereof.

17.

General Standards and Construction Provisions.

a.

All structures shall be constructed and installed to manufacturer's specifications, and constructed as required by the city's currently adopted Building Code, as amended, and required setback provisions as prescribed for the zoning districts.

b.

Structures shall be permitted and constructed to meet the city's currently adopted Building Code requirements.

c.

All structures shall conform to FCC and FAA regulations, if applicable.

d.

If any setback as prescribed within this Code requires a greater distance than required of this section, the greater distance shall apply.

e.

Landscaping and Fencing. In all zoning districts, the following additional landscaping shall be required beyond that which is required for the zone in which it is located:

i.

Equipment shelters and cabinets and other on the ground ancillary equipment (outside of the public right-of-way) shall be screened with landscaping as required for the zone in which they are located or with another design acceptable to the community development department. Alternatively, where technically feasible, the applicant shall incorporate the cabinet and other equipment into the base of a new pole (for example, for a small cell) provided there is adequate space in the right-of-way and that ADA sidewalk accessibility requirements can be met. All provisions of the ADA, including, but not limited to, clear space requirements, shall be met by the applicant.

ii.

The ground level view of macro cell towers shall be mitigated by additional landscaping provisions as established through the conditional use permit process. The use of large trees from the approved urban forestry list of recommended species or native conifers is required at the spacing specified for the specific trees chosen. Alternatively, a landscaping plan may be submitted with the conditional use permit and, if approved, shall take precedence over the foregoing requirement.

iii.

A site-obscuring fence (for example, solid or slatted wood, faux wood, vinyl, masonry or a combination thereof) no less than six feet in height from the finished grade shall be constructed around each macro cell tower and around related support or guy anchors. Access shall only be through a locked gate. Any fence shall comply with the other design guidelines of this code.

f.

New Poles. To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flag pole or banner clips).

g.

Other Published Materials. All other information or materials that the city may reasonably require, from time to time, make publicly available and designate as part of the application requirements.

18.

Insurance. All towers shall be covered by a general liability insurance policy in an amount not less than five hundred thousand dollars.

19.

Location of WCFs. No WCFs may be located within ten feet of a public utility (for example, water and sewer lines). If a WCF is located in a public right-of-way and the city needs the owner of the WCF to move the WCF, the owner will do so at no cost to the city.

20.

Sites and Application Appointments. Each application may include up to ten sites in the city. An in-person appointment with city staff is encouraged at the outset of the process for an application for multiple sites.

G.

Sharing of Towers and Collocation of Facilities.

1.

It is the policy of the city to minimize the number of macro cell and wireless communication towers and to encourage the collocation of antenna arrays of more than one wireless communication service provider on a single tower, provided that additional building code regulations may apply.

2.

No new macro cell wireless communication tower may be constructed within one-half mile of an existing macro cell tower, unless it can be demonstrated to the satisfaction of the community development director or the designee thereof that the existing macro cell tower is not available or feasible for collocation of an additional wireless communication facility, or that its specific location does not satisfy the operational requirements of the applicant. Factors to be considered by the community development director or the designee thereof in determining whether applicant has made this demonstration include those listed below in subsection 4.

3.

The shared use of towers is encouraged. Applications for macro cells and 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 when two 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 when three or more users enter into a binding agreement prior to the issuance of the building permit. A binding agreement for the purposes of this subsection 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. Notwithstanding the foregoing, fall zones shall be at least one foot for every foot of tower height subject to the breakpoint provisions herein.

4.

Factors Considered in Granting Conditional Use Permits for Macro Cell Towers. In addition to any standards for consideration of conditional use permit applications pursuant to this code, the applicant must provide wet stamped plans for macro cell towers, and the planning and zoning commission or city council (as appropriate under Section 17.12.240(C)) shall consider the following factors in determining whether to issue a conditional use permit.

a.

Towers exceeding a height of seventy-five feet shall be able to accommodate collocation of one additional provider. Additional height to accommodate additional collocation may be approved if the applicant submits information certifying the tower has capacity for at least two additional providers. The applicant shall provide a letter indicating their good faith intent to encourage collocation on the tower.

b.

Proximity of the macro cell tower to residential structures and residential district boundaries.

c.

Nature of uses on adjacent and nearby properties.

d.

Surrounding topography.

e.

Surrounding tree coverage and foliage.

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

g.

Proposed ingress and egress.

h.

Whether existing structures are located within the geographic area that meet applicant's engineering requirements.

i.

Whether existing towers or structures have sufficient structural strength to support applicant's proposed antenna and related equipment.

j.

A determination by the FCC that the applicant's proposed antennas would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

k.

Whether the fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

l.

Whether the applicant demonstrates that there are other limiting factors not enumerated herein that render existing towers and structures unsuitable.

5.

Site Plan. In districts where towers are allowed, applicants are required to submit and be granted an approval for a site plan before a building permit will be issued. The standards set forth in the tower regulations summary of this section will be used to determine tower requirements and whether approval shall be granted or denied. Towers of one hundred thirty feet or more require that site plan approval be granted by the planning and zoning commission. The planning and zoning commission may consider reductions to the setback requirements for such towers as a part of the site plan approval.

6.

All towers that provide commercial wireless service are required to submit a site plan to the city for approval. In addition to the standard site plan requirements (listed in this Title 17), the following information must be supplied with the site plan or building permit application:

a.

Identification of the intended user(s) of the tower;

b.

Site and landscape plans drawn to a one inch equals ten feet for one acre or less and one inch equals twenty feet for sites larger than one acre;

c.

The general capacity of the tower;

d.

Proposed modifications to any structure, proposed transmission equipment and its location and areas where excavation is proposed;

e.

An analysis of the area containing existing topographical contours;

f.

The number and positioning of guy wires and antennas;

g.

Site plans must show the locations for at least two equipment buildings or cabinets, even if the tower is proposed for a single user;

h.

For macro cell towers that are fifty feet or greater in height above the ground, a visual study depicting the zone within a three-mile radius, where any portion of the proposed tower could be seen (scaled vicinity maps);

i.

Details regarding painting and on-site lighting.

7.

Placement Provisions—Towers. Towers shall be located only in those areas described in Table 1, provided that macro cell towers that are proposed to be located in a residential zone or within two hundred feet of a residential zone or in the downtown area shall be subject to the siting priorities set forth for preferred macro cell tower locations in subsection I.

TABLE 1
TOWER REGULATIONS SUMMARY

NP = Not permitted (prohibited)
NA = Not applicable
Permitted Height = Permitted with site plan approval from the community development director
Plan Com Approval = Permitted with site plan approval from the planning and zoning commission
CC Approval = Permitted with site plan approval from the planning and zoning commission and the city council

Notwithstanding anything in the table to the contrary, in residential, educational and park-historic districts, new towers shall be limited to the height of power poles if feasible. Prohibited uses in the Old Yellowstone district and South Poplar Street corridor include macrocell towers or any ground, roof or otherwise mounted pole, spire, structure or combination thereof that is fifteen feet or greater in height above the ground, including supporting lines, cables, wires, braces, masts or other structures, for the purpose of mounting an antenna, meteorological device or cellular apparatus above ground unless an exception is granted pursuant to this section.

8.

Macro Cell towers used for the purpose of providing commercial wireless services are permitted uses in all districts, except in the downtown area (OYDSPC), FC districts, residential districts (R1—R6), planned unit developments (PUD), and the agricultural district (AG). Small cells providing commercial wireless services in residential districts (R1—R6), planned unit developments (PUD), and the agricultural district (AG) are permitted uses if the pole or tower does not exceed the height limitation of the underlying zoning district. Additionally, towers which are placed on buildings must conform to the other requirements of this section.

9.

All towers shall conform to the following dimensional requirements:

a.

On Top of Structures. Towers may not be located on top of buildings or structures in any residential districts. 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 ten percent of the building height above the building.

H.

Setback Requirements.

1.

Setbacks. A building or structure with a tower shall maintain the normal setback requirements for the zone in which it is located, except as set forth in this subsection. If the tower is in a nonresidential zone, setbacks shall be as follows:

a.

If the top of the tower is fifty feet or less in height above the ground, then, normal setbacks of the zoning district or structures shall apply, provided that the fall zone shall be at least one foot for every foot of tower height.

b.

If the top of the tower is more than fifty feet in height above the ground, the setback from the adjacent property line shall be one foot for every one foot in height, or shall be the normal setback of the zoning district, whichever is greater.

2.

When a residence is located on an adjacent property, the support tower structures shall be set back from property lines as required by that zone or a minimum of one foot for every foot of tower height, whichever produces the greater setback, unless:

a.

The setback is waived by the owner of the residence; or

b.

The tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to one hundred ten percent of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone's minimum side setback requirements, whichever is greater. For example, on a one hundred-foot tall monopole with a breakpoint at eighty feet, the minimum setback distance would be twenty-two feet (one hundred ten percent of twenty feet, the distance from the top of the monopole to the breakpoint) or the minimum side yard setback requirements for that zone, whichever is greater. Provided, that if an applicant proposes to use breakpoint design technology to reduce the required setback from a residence, the issuance of building permits for the tower shall be conditioned upon approval of the tower design by a structural engineer.

3.

All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources shall comply with all setbacks within the district in which they are located. All towers and associated equipment shall not interfere with normal radio, television or telephone reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions in this Code.

4.

All equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirements of the zone in which they are located.

5.

Small wireless facilities located in city rights-of-way shall follow the city's setback requirements for rights-of-way.

I.

Preferred Macro cell Tower Locations. All new macro cell towers proposed to be located in a residential zone or within two hundred feet of a residential zone or in the downtown area are permitted only after application of the following siting priorities, ordered from most-preferred (1) to least-preferred (7):

1.

City-owned or operated property and facilities not in the downtown or residential zones and not including right-of-way;

2.

Industrial zones;

3.

Commercial zones;

4.

Other non-residential zones;

5.

City rights-of-way in residential zones;

6.

Parcels of land in residential zones;

7.

Designated historic structures, downtown and neighborhoods with additional protection.

The applicant for a macro cell tower located in a residential zone or within two hundred feet of a residential zone or in the downtown area shall address these preferences in an alternative sites analysis prepared pursuant to subsection J below.

J.

Submittal Requirements.

1.

Alternative Sites Analysis.

a.

For macro cell towers in a residential zone or within two hundred feet of a residential zone or in the downtown area, the applicant must address the city's preferred macro cell tower locations with a detailed explanation justifying why a site of higher priority was not selected. The city's macro cell tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three higher ranked, alternative sites considered that are in the geographic range of the service objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

b.

A complete alternative sites analysis provided under this subsection may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three potentially available, higher ranked, alternative sites.

c.

For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant's service coverage or capacity objectives, the applicant will provide: (a) a description of its objective, whether it be to address a deficiency in coverage or capacity; (b) detailed maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and (c) a description of why the alternative (collocation or a more preferred location) does not meet the objective.

2.

Collocation Consent. A written statement will be signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

3.

Documentation. Applications submitted under this section for towers shall include the following materials:

a.

Requirement for FCC Documentation. The applicant shall provide a copy of the applicant's FCC license or registration.

b.

Visual Analysis. A color visual analysis that includes to-scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view, including all equipment and ground wires.

c.

Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this section to the maximum extent feasible. A complete design justification must identify all applicable design standards under this section and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

d.

Noise Study. A noise study, if requested by the city and the proposal is in or within two hundred feet of residentially zoned property or in the downtown area for the proposed WCF and all associated equipment.

e.

Additional Information Required. Applicants for a conditional use permit for a tower shall also submit the following information:

i.

A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities or the county), separation distances, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed tower and any other structures, topography, parking, utility runs and other information deemed by the community development department to be necessary to assess compliance with this section.

ii.

Legal description of the parent tract and leased parcel (if applicable).

iii.

The setback distance between the proposed tower and the nearest residential unit and the nearest residentially zoned property.

iv.

The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

v.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

vi.

A description of compliance with all applicable federal, state and local laws.

vii.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city.

viii.

A description of the suitability of the use of existing towers or other structures to provide the services to be provided through the use of the proposed new tower.

ix.

A clear and complete written statement of purpose, which shall minimally include: (1) a description of the technical objective to be achieved; (2) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and (3) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a state-licensed professional engineer or a qualified employee of the applicant. The qualified employee of the applicant shall submit his or her qualifications with the application.

4.

Radio Frequency (RF) Emissions Compliance. An applicant for wireless communication facilities shall submit a letter certifying that all wireless communication facilities that are the subject of the application shall comply with federal standards for RF emissions. The owner or operator of an approved wireless communications facility shall also provide the city with the FCC license for the wireless communication facility at the time the license is issued for the facility.

5.

Documentation of Completion of Work. To enable the city 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:

a.

Certification in writing that the tower is structurally sound and conforms to the requirements of the city'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 city 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.

b.

The name(s) and 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.

c.

An initial payment of a registration fee (for other than small wireless facilities) which shall be in addition to any other fee paid by the owner or operator of the tower or facility, for all towers or facilities located within the city, shall be required and shall be submitted to the community development department at the time of submission of the documentation, as required in 5.1.a. and 2.b. of this subsection.

K.

WCF Exceptions to Standards.

1.

Applicability. Except as otherwise provided in subsection F.16 above, (site design flexibility), no WCF shall be used or developed contrary to any applicable development standard unless an exception has been granted pursuant to this subsection. These provisions apply exclusively to WCFs and are in lieu of the generally applicable variance and design departure provisions in this Code; provided this subsection does not provide an exception from this section's visual impact and stealth design.

2.

Procedure Type. A WCF's exception is subject to approval by the planning and zoning commission.

3.

Submittal Requirements. An application for a wireless communication facility exception shall include:

a.

A written statement demonstrating how the exception would meet the criteria.

b.

A site plan that includes:

i.

Description of the proposed facility's design and dimensions, as it would appear with and without the exception.

ii.

Elevations showing all components of the wireless communication facility, as it would appear with and without the exception.

iii.

Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.

4.

Criteria. An application for a wireless communication facility exception shall be granted if the following criteria are met:

a.

The exception is consistent with the purpose of the development standard for which the exception is sought.

b.

Based on a visual analysis, the design minimizes the visual impacts to zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.

c.

The applicant demonstrates the following:

i.

The development standard materially limits or inhibits the ability of the applicant to compete in a fair and balanced legal and regulatory environment;

ii.

The situation can only be addressed through an exception to one or more of the standards in this section; and

iii.

The exception is narrowly tailored such that the wireless communication facility conforms to this section's standards to the greatest extent possible.

L.

Removal of Towers. Towers which are not used for a period of six months or more shall be removed by the owner within ninety days from the date of written notification by the city. To assure the removal of towers, 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, 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 contingency fee added to the contractor's estimate. In the event the owner shall fail to remove any tower which has not been maintained or has been abandoned, as provided in this subsection, the city 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.

M.

Emergency Circumstances. The city 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 city manager or his designee, such as natural or man-made disasters or accidents, when the owner of any such facility is not available to immediately remedy the hazard. The city shall notify any such owner of any such action within twenty-four hours. The owner and/or operator shall reimburse the city for the costs incurred by the city for action taken pursuant to this subsection.

N.

Inspections. The city 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.

O.

Independent Legal and Technical Review. Although the city intends for city staff to review applications to the extent feasible, the city may retain the services of an independent attorney and technical expert of its choice to provide evaluation of permit applications for WCFs, when they are subject to conditional use permits or administrative review. The consultant shall have recognized training in the field of wireless communication facilities. The consultants' review may include, but is not limited to: (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analysis and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and, (d) whether the proposed WCF complies with the applicable approval criteria set forth in this section. The applicant shall pay the cost for any independent consultant fees through a deposit, estimated by the city, within ten days of the city's request. When the city requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received. In the event that such costs and fees do not exceed the deposit amount, the city shall refund any unused portion within thirty days after the final permit is released or, if no final permit is released, within thirty days after the city receives a written request from the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the city within thirty days and before the permit is issued.

P.

Final Inspection.

1.

A certificate of completion will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

2.

If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the applicant shall promptly make any and all such changes required to bring the WCF installation into compliance, and in any event prior to putting the WCF in operation.

Q.

Compliance.

1.

All wireless communication facilities must comply with all standards and regulations of the FCC and any state or other federal government agency with the authority to regulate wireless communication facilities.

2.

The site and wireless communication facilities, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

3.

All graffiti on wireless communication facilities, all accessory equipment and any appurtenances to the WCF site must be removed at the sole expense of the permittee after notification by the city to the owner/operator of the WCF.

4.

If any FCC, State or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the city, the permittee must inform the city of the revocation within thirty days of receiving notice of such revocation.

R.

Indemnification. Each permit issued for a WCF located on city property shall be deemed to have as a condition of the permit a requirement that the applicant, wireless infrastructure provider and wireless service provider defend, indemnify and hold harmless the city and its council, officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys' fees and expenses) arising out of claims, suits, demands, actions or causes of action as a result of the permit process, a granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF.

S.

Eligible Facilities Request.

1.

Purpose. This section implements Section 6409(a) of the Spectrum Act (47 U.S.C. Section 1455(a)), as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018, which require a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.

2.

Application Review.

a.

Application. The city shall prepare and make publicly available an application form. The city may not require an applicant to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.

b.

Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the community development director or the designee thereof, shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

c.

Timeframe for Review. Within sixty days of the date on which an applicant submits an application seeking approval of an eligible facilities request under this section, the city shall review and act upon the application, subject to the tolling provisions below.

d.

Tolling of the Timeframe for Review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines that the application is incomplete.

i.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application.

ii.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

iii.

Following a supplemental submission, the city will have ten days to notify the applicant if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

e.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted provided the applicant notifies the city in writing after the review period has expired. However, the request is still subject to Section Z (Standard Conditions of Approval).

f.

Change in Federal or State Law. If any of the timeframes in this section are subsequently changed by federal or state law, then this section shall be automatically amended to comport with the new timeframe(s).

3.

Compliance Obligations After Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval(s), such approval(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the city grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the city may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends.

4.

City's Standing Reserved. The city's grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.

T.

Small Wireless Facilities—Collocation on Existing Structures.

1.

Purpose. This section implements a shot clock that is contained in the FCC's Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the collocation of small wireless facilities on existing structures.

2.

Application Review.

a.

Application: The city shall prepare and make publicly available an application form, which form shall be used by the applicant.

b.

Review: Upon submission of an application for collocation of small wireless facilities on an existing structure pursuant to this section, the city shall, within sixty days (subject to resetting of the shot clock and the tolling provisions set forth below), review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

c.

Tolling of the Timeframe for Review: The sixty-day review period begins to run when the application is filed. The city shall notify the applicant within ten days as to whether the application is incomplete. Upon resubmission by the applicant, a new sixty-day shot clock commences, and the city has ten days to notify the applicant again of an incomplete application. The shot clock may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines upon a resubmission that the application is incomplete.

i.

The timeframe is tolled in the case of subsequent notices pursuant to the procedures identified in this section. Subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

d.

Failure to Act: In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for resetting the shot clock once or any tolling), the applicant may pursue judicial relief.

e.

Change in Federal or State Law: If any of the timeframes in this section are subsequently changed by federal or state law, then this section shall be automatically amended to comport with the new timeframe(s).

U.

Small Wireless Facilities—New Construction (New Builds).

1.

Purpose. This section implements a shot clock that is contained in the FCC's Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the construction of small wireless facilities on a new structure.

2.

Application Review.

a.

Application: The city shall prepare and make publicly available an application form, which form shall be used by the applicant.

b.

Review: Upon submission of an application for the construction of small wireless facilities on a new structure pursuant to this section, the city shall, within ninety days (subject to resetting of the shot clock and the tolling provisions set forth below), review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

c.

Tolling of the Timeframe for Review: The ninety-day review period begins to run when the application is filed. The city shall notify the applicant within ten days as to whether the application is incomplete. Upon resubmission by the applicant, a new ninety-day shot clock commences, and the city has ten days to notify the applicant again of an incomplete application. The shot clock may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines upon a resubmission that the application is incomplete.

i.

The timeframe is tolled in the case of subsequent notices pursuant to the procedures identified in this section. Subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

d.

Failure to Act: In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for resetting the shot clock once or any tolling), the applicant may pursue judicial relief.

e.

Change in Federal or State Law: If any of the timeframes in this section are subsequently changed by federal or state law, then this section shall be automatically amended to comport with the new timeframe(s).

V.

Collocation Applications for other than Small Wireless Facilities and Eligible Facilities.

1.

Purpose. This section implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018.

2.

Application Review.

a.

Application. The city shall prepare and make publicly available an application form.

b.

Review. Upon receipt of an application for a collocation request pursuant to this section, the city shall review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

c.

Timeframe for Review. Within ninety days of the date on which an applicant submits an application seeking approval of a collocation request under this section, the city shall review and act upon the application, subject to the tolling provisions below.

d.

Tolling of the Timeframe for Review. The ninety-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines that the application is incomplete.

i.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application.

ii.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

iii.

Following a supplemental submission, the city will notify the applicant within ten days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

e.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the applicant may pursue judicial relief.

f.

Change in Federal or State Law: If any of the timeframes in this section are subsequently changed by federal or state law, then this section shall be automatically amended to comport with the new timeframe(s).

W.

New Site or Tower Applications.

1.

Purpose. This section also implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018.

2.

Application Review.

a.

Application. The city shall prepare and make publicly available an application form.

b.

Review. Upon receipt of an application for a request for a new site or tower pursuant to this section, the city shall review such application, make its final decision to approve or deny the application, and advise the applicant in writing of its final decision.

c.

Timeframe for Review. Within one hundred fifty days of the date on which an applicant submits an application seeking approval of a request for a new site or tower under this section, the city shall review and act upon the application, subject to the tolling provisions below.

d.

Tolling of the Timeframe for Review. The one hundred fifty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines that the application is incomplete.

i.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application.

ii.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

iii.

Following a supplemental submission, the city will notify the applicant within ten days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

e.

Failure to Act. In the event the city fails to approve or deny a complete application under this section within the timeframe for review (accounting for any tolling), the applicant may pursue judicial relief.

f.

Change in Federal or State Law: If any of the timeframes in this section are subsequently changed by federal or state law, then this section shall be automatically amended to comport with the new timeframe(s).

X.

Fees. In connection with the filing of an application, the applicant shall pay all applicable fees, according to a city resolution.

Y.

Laws, Rules and Regulations. This section shall be subject to all applicable laws, rules and regulations.

Z.

Standard Conditions of Approval.

1.

Applicability. In addition to all other conditions adopted by the city, all permits, whether approved by the city or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The city shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section.

2.

Permit Term. A permit will automatically expire one year and one day from its issuance if construction has not been completed. Any other permits or approvals issued in connection with any collocation, modification or other change to a wireless facility, which includes, without limitation, any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

AA.

Severability. The various parts, sentences, paragraphs and clauses of this section are hereby declared to be severable. If any part, sentence, paragraph or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(Ord. No. 2-18, §§ 1—25, 3-20-2018; Ord. No. 7-18, §§ 1—8, 7-3-2018; Ord. No. 21-19, §§ 1—54, 8-6-2019)

Editor's note— Ord. No. 2-18, §§ 1—25, adopted Mar. 20, 2018, repealed the former § 17.12.124 and enacted a new § 17.12.124 as set out herein. The former § 17.12.124 pertained to towers and derived from Ord. 29-05 § 3 (part), adopted 2005.

A.

In the R-3, R-4, R-5, OB and HM districts, buffering shall be required where multi-family dwellings, condominiums, or townhouses are adjacent to single-family detached dwellings, for the purpose of reducing noise and providing visual privacy.

B.

In the R-4, C-1, C-2, C-3, C-4, OB and HM districts, buffering shall be required on commercial property when the property adjoins residential zoned property, for the purpose of reducing noise and providing visual privacy.

C.

In the M-1 and M-2 districts, buffering shall be required on industrial property when the property adjoins residential zoned property, for the purpose of reducing noise and providing visual privacy.

D.

In the R-3, R-4, R-5, C-1, C-2, C-3, C-4, M-1, M-2, OB and HM districts, buffering shall be provided along the total common lot line, according to the alternatives as specified in Appendix C. Buffering measures shall be designated on the site plan and detailed in the site plan application. Compliance with said plans shall be enforced by the enforcement officer.

No buffering shall be required where a natural change of grade or other natural features screens the view and acts as a noise barrier.

Buffering alternatives are set forth in Appendix C.

(Ord. 24-01 § 4—6, 2001; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

A home occupation is a business/commercial use conducted primarily within the dwelling unit.

A home occupation is allowed as a permitted accessory use in any residential district, provided said home occupation complies with the requirements set forth in this section.

A.

A use conducted primarily within a dwelling unit in which no person other than members of the family residing on the premises is engaged; which is incidental and secondary to residential occupancy; which causes no change in the outside appearance of the building or premises; that provides off-street parking as set forth in Section 17.12.080; that does not employ equipment or a process creating dust, smoke glare, smoke, traffic attraction or excessive noise, as set forth in Chapter 8.20 of this code. Specifically prohibited is the outside storage and display of merchandise, any activity involving any external building alteration, window display, construction equipment, machinery or outside storage, parking of large vehicles such as wreckers, trucks, transporting semi-trucks and trailers, or other disturbing influences greater than those of other residential properties in the neighborhood. A garage sale that does not exceed three consecutive days or a total of three days in a ninety day period shall not be considered a home occupation.

1.

The total area primarily used for such purposes shall not exceed twenty-five percent of the floor area of the user's dwelling unit, including accessory buildings.

2.

There shall be no exterior advertising other than identification of the home occupation by a sign, which shall be attached flush with the dwelling and shall not exceed one foot square in area and which shall not be illuminated.

3.

A home occupation shall not be interpreted to include, but not limited to, the following: veterinary uses including boarding of animals, nursing home, ambulance service, body repair and painting, restaurants which do not include bed and breakfast, and taverns.

B.

If an oral or written complaint is filed with the planning director, and the alleged violation is substantiated by the zoning enforcement officer, a public hearing before the commission shall be required to determine the continuation of the home occupation. Upon receipt of the written complaint, the commission shall follow the procedures set forth in Section 17.12.220. The complaint should contain the following minimum information:

1.

Name and address of the person or persons filing the complaint;

2.

Documentation of the alleged violation;

3.

Date the alleged violation started;

4.

Problems that the alleged violation has generated.

C.

Upon hearing the home occupation complaint, the commission may order the use:

1.

Discontinued, if the commission finds that the use is in violation of this title, or is injurious to the health, safety, and welfare of the neighborhood;

2.

Continued with reasonable conditions on the use;

3.

Continued with no conditions on the use in the event it finds that the use complies with this title; or

4.

Continued without change after showing that a home occupation has existed and been in use for a period of at least five years in violation of this title and the city has not taken steps toward enforcement subject to the procedure set forth in Section 17.12.220(H)(1)—(4).

(Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

A.

Goal. To beautify and improve the quality of life in the city of Casper, Wyoming, and to ensure compliance with the city subdivision regulations and the city zoning ordinance.

B.

Objectives. The site plan requirements and procedures for the city of Casper are designed to meet the following objectives for the protection of the health, safety and welfare of the general public:

1.

To ensure compliance with all requirements of the city zoning ordinance and subdivision regulations, and all drainage, safety, utilities, natural hazard, erosion control, traffic, and easement provisions required by city ordinances, rules, regulations, and plans;

2.

To provide a smooth transition between adjoining properties;

3.

To encourage infill development;

4.

To facilitate the review of new developments by appropriate agencies of the city;

5.

To streamline the development application, review and approval processes; and

6.

To provide a review process for new development and its impacts to surrounding property with regard to stormwater runoff, water supply, wastewater contribution, and traffic impacts.

C.

Definition. The site plan is a plot plan of the entire area to be developed, which shows location and size of buildings, the area of the land under consideration, street names and widths, parking area size, and all other items required on the site plan checklist (Section 17.12.150(K)). A site plan is required for all PUD's, all new multi-family residential buildings consisting of sixteen or more living units, all new public, commercial and industrial buildings, and churches, and all exterior additions, of one thousand square feet or larger, to multi-family residential buildings, existing public, commercial and industrial buildings, and churches.

D.

Site Plan Approval Criteria. A site plan shall be approved if the site plan is found to satisfy the standards of this title, including the following:

1.

Be compatible with the goals and policies of all plans currently adopted by the council.

2.

Promote the efficient use of land by means of a sound arrangement of buildings, safe and functional points of access, well planned parking circulation systems, and adequate sidewalks and pathways for pedestrians.

3.

Provide for landscaping, and within high density housing complexes, usable open space, such as, but not limited to, bicycle paths, playground areas, courtyards, areas for active recreation, swimming pools, landscaping, gardens, walks, outdoor seating areas, outdoor picnic areas, and similar open space.

4.

Preserve and utilize where possible, existing landscape features and amenities, and blend such features with the new structures and other improvements.

E.

Procedures.

1.

Persons submitting site plans are encouraged to meet with, and discuss, their proposals and the site plan application with the community development director and city engineer prior to submitting an application for review.

2.

A complete site plan application must be submitted to the community development department, which shall include:

a.

The original copy of the site plan application form;

b.

Depending on the type of review, up to fifteen copies of a site plan containing all information required on the site plan checklist, as determined by the community development director, or his designee;

c.

A digital copy of the site plan, if designed with a computer assisted drafting program (CAD), shall be provided in a format adopted by the community development department when the site plan has been approved;

d.

For sites having a total land area of more than ten thousand square feet, the applicant shall submit a drainage study and shall provide existing and proposed contours on the site plan. Based on the results of the study, the applicant shall be required, by council, to contribute a proportionate share of off-site drainage control improvements impacted by the project, as expressed in the approved site plan agreement;

e.

For those sites having a total land area less than ten thousand square feet, the applicant shall submit a drainage plan showing surface drainage and the effect the surface drainage will have on the area under consideration and all abutting public and private property, and demonstrating compliance with the city's Urban Storm Water Management Plan;

f.

For developments generating more than seventy-five vehicle trips per peak hour period, a traffic study shall be prepared in accordance with Section 16.20.080(B), for the community development department by the engineer the city has contracted with for such studies. Trip generation data shall be calculated using the trip generation guide (Institute of Transportation Engineers, 1991, or most recent edition). In the event said data is not available, the community development director, city engineer and consulting engineer shall mutually agree upon assumptions and estimates to be used in said study. Based on the results of the study, the applicant shall be required, by council, to contribute a proportionate share of off-site traffic controls impacted by the project, as expressed in the approved site plan agreement;

g.

If the applicant proposes to use an alley for primary or secondary customer access, the applicant shall be required to pave the alley from the street to the rear property line, in accordance with the city's standards set forth in Chapter 16.16; and

h.

Buffering measures for the areas of transition between all commercial, multi-family, townhouse and condominium dwellings adjacent to single-family dwellings, and for all PUD, commercial, industrial, and multi-family developments shall be incorporated into the site plan pursuant to Appendix B, of Title 17.

3.

The procedure for submittal, approval or denial, and appeal for PUD site plans is set forth in Chapter 17.52 of this title.

4.

At the time an application for a site plan is submitted to the community development department, a uniform fee, as established by council resolution, shall be paid by the applicant. If it is determined by the community development director, after the initial review of the site plan, that specific site plan requirements do not apply to the subject project, then the community development director may waive those requirements.

5.

Site plans shall be drawn to scale and show as a minimum, accurate dimensions of: lot size and area; building size and area; street names and width; parking areas showing entrances, exits, distance between rows of spaces, and total area of parking; plus all other items required by the council in accordance with this section.

6.

If a site plan is approved by the community development director pursuant to Section 17.12.150(F), then such approval shall be expressed in a site plan agreement executed by the community development director and the applicant. In the event a site plan is approved by the planning commission or city council, then it shall be entered upon the minutes of the body approving it. The site plan shall be signed by the chairman and the secretary of the commission. In the event the site plan is approved by the planning commission, or signed by the mayor if approved by the council. In the event a site plan is approved by the community development director, the site plan shall be signed by the community development director and attested by the city clerk.

7.

An approved site plan shall be forwarded to the building official by the community development director prior to the building official issuing any building permits.

8.

When construction has not begun or when the site plan has not been exercised by the applicant, or applicant's successors, heirs, or assigns within three years from the date of site plan approval, such site plan shall terminate and shall have no further force or effect.

a.

"Exercised" as set forth in this subsection shall mean that the holder of the site plan has executed a building contract for construction of a main building, or other improvement; or in the absence of contracts, that the principal building or other improvement(s) is completed to a substantial degree. When construction is not a part of the use, "exercised" shall mean that the use is operating in compliance with the conditions as designated in the site plan agreement, unless an extension not exceeding one year from the date of expiration is granted by council. Council may grant an extension after receiving a written request from the owner.

F.

Administrative Review. Site plan applications for all new buildings, including but not limited to public, commercial, and industrial buildings, and churches, up to twenty thousand square feet of ground floor area in size, and building additions up to twenty thousand square feet of ground floor area in size, may be approved by the city engineer and community development director, provided that the abutting lot or lots are neither zoned for, nor currently in use as residential property. When the abutting lot or lots are residential, the city engineer and community development director may only approve projects with new buildings or additions to existing buildings, up to and including ten thousand square feet in ground floor area. All new stand-alone off-street parking lots and parking lot expansions shall be reviewed and may be approved by the city engineer and community development director. The site plan application shall comply with the following procedure:

1.

Within three working days of the receipt of the application, the community development director, or his designee, shall review the application for completeness. If the application is not complete, the community development director shall notify the applicant verbally, and either by facsimile, e-mail, or in writing, and shall list those items needed to complete the application. If the application is complete, the city engineer and community development director shall approve, approve with conditions, or deny the application within fifteen working days of its receipt and notify the applicant in writing and verbally of the decision. If approved or approved with conditions, the applicant shall sign a site plan agreement stating the terms of approval and his willingness to comply with those terms and may obtain a building permit from the building inspections division pursuant to Title 15 of this code following signing. If the application is denied, the applicant shall not be issued a building permit by the building official.

2.

Upon receipt of a site plan, which is to be reviewed administratively, a sign shall be posted and maintained on the subject property within three working days of receiving the complete site plan to serve as public notice of the applicant's proposal. Such sign shall be visible from the public roadway and shall remain on the property for not less than ten working days. In addition, a written notice describing the project and identifying the date public comments are due shall be mailed or delivered to the owners of private real property within a three hundred foot radius of the perimeter of the project area, as shown on the site plan. The notice shall be mailed within five working days of receiving the complete site plan application. All concerns or comments on the project received from a neighboring property owner or the general public shall be considered by the city engineer and community development director when rendering a decision on the application.

3.

Decisions of the city engineer and community development director may be appealed in writing to the planning and zoning commission within ten calendar days of the city engineer and community development director's decision. Any action not appealed shall become final.

G.

Planning and Zoning Commission Review. Site plan applications for new public buildings, commercial buildings, industrial buildings, or churches with a ground floor area of twenty thousand to forty-three thousand five hundred sixty square feet, and multi-family developments over sixteen units per acre, must be approved by the commission. All exterior additions of twenty thousand square feet to forty-three thousand five hundred and sixty square feet to public buildings, commercial buildings, industrial buildings must be approved by the commission. When the abutting lot or lots are residential or zoned for residential uses, the commission shall review all public, commercial, industrial, church and multi-family developments with a ground floor area of greater than ten thousand and not more than forty-three thousand five hundred sixty square feet. Site plan applications must be approved by the commission according to the following procedure:

1.

Applications must be submitted to the planning office by five p.m. at least thirty calendar days prior to the commission meeting at which the application is to be considered;

2.

Upon receipt of the site plan, a written notice of the date, time, and place of the public hearing shall be mailed or delivered to the applicant and all owners of private real property within a three hundred foot radius of the perimeter of the project area, as shown on the site plan. The notice shall be mailed at least fifteen calendar days prior to the hearing date;

3.

Within three business days of submittal, the community development director will review the application for compliance with the site plan application requirements. If the application does not conform to the requirements, it will be returned to the applicant within the five day period, and the community development director will notify the applicant, by telephone, fax, e-mail or in writing of the reasons for the determination, and shall list items needed to complete the site plan, the drainage study, and/or the traffic study. If the application is complete, it shall be accepted and the date of acceptance noted on all copies;

4.

An application which is determined to be incomplete shall not be placed on the planning and zoning commission agenda unless it is resubmitted in complete and accurate form at least twenty calendar days prior to the commission meeting for which it had been set for hearing. The application will be reviewed in compliance with requirements as stated in the above procedure;

5.

The community development department shall cause a sign to be posted and maintained on the property affected at least fifteen days prior to the planning and zoning commission public hearing. Such sign shall be visible from the public roadway and shall contain the following information:

a.

Case number;

b.

Date and place of public hearing; and

c.

Brief description of the site plan application to be reviewed.

6.

The community development director will inform the applicant of the staffs review comments and recommendation to the planning and zoning commission, in writing, at least two business days prior to the commission meeting at which the application will be considered. In addition, a meeting will be scheduled between the applicant and the community development director to discuss the staff's written comments to the commission if the applicant so desires;

7.

After being placed on the agenda, the application will be considered by the commission at its meeting. The community development department review comments and recommendation will be submitted at the commission meeting. The applicant will be given the opportunity to discuss the site plan with the commission, and other comments regarding the site plan may be made by any person in favor of, or opposed to the site plan;

8.

The commission shall then take one of the following actions:

a.

Approve;

b.

Approve with conditions;

c.

Deny;

d.

Continue to a future planning and zoning commission meeting; or

e.

Forward to the city council for further review.

9.

If the site plan application is approved or approved with conditions, the applicant shall sign a site plan agreement stating the terms of approval and his willingness to comply with those terms.

10.

Appeal of commission decisions may be made to council, in writing, within ten business days of written notice of decision being sent to the applicant. If the commission's decision is appealed, the council may consider the appeal at the next regularly scheduled council meeting to be held after receipt of the written appeal. Within fifteen working days of the final council meeting at which the appeal was heard, the council shall make a final determination upon the appeal.

11.

In an appeal from the commission to the council, the following shall be considered by council: all exhibits, and a tape recording or transcription of the verbal proceedings from the commission hearing; the verbal record and any comments or other evidence that the appellant or any other person wishes to present at the council hearing.

H.

City Council Review. Site plan applications for new multi-family developments, public buildings, commercial buildings, industrial buildings, or churches with a ground floor area in excess of forty-three thousand five hundred sixty square feet must be approved by both the planning and zoning commission and the council pursuant to the procedure below. If the ground floor of any addition to one of the above-listed developments, buildings or churches is in excess of forty-three thousand five hundred sixty square feet, it requires approval by both the planning and zoning commission and the council pursuant to the procedure below; otherwise, if the ground floor of the addition itself (not the resulting square footage of the building after constructing the addition) is forty-three thousand five hundred sixty square feet or less, only administrative approval is required.

1.

Site plan applications must be reviewed by the planning and zoning commission pursuant to the procedures set forth in Section 17.12.150(G) prior to council review in the event the planning commission denies the application, the applicant may appeal to the city council pursuant to Section 17.12.150(G);

2.

Upon approval, or approval with conditions, of a site plan recommendation by the planning and zoning commission, a written notice of the date, time, and place of the council public hearing shall be mailed or delivered to the applicant and all owners of private real property within a three hundred foot radius of the perimeter of the project area, as shown on the site plan. The notice shall be mailed at least fifteen calendar days prior to the hearing date;

3.

After being placed on the agenda, the application will be considered by the council at its meeting. The applicant will be given the opportunity to discuss the site plan with the council, and other comments regarding the site plan may be made by any person in favor of or opposed to the site plan;

4.

The council shall then take one of the following actions:

a.

Approve;

b.

Approve with conditions;

c.

Deny; or

d.

Continue discussion of the application to a future council meeting.

5.

If the site plan application is approved or approved with conditions, the applicant shall sign a site plan agreement stating the terms of approval and his willingness to comply with those terms. The agreement may then be executed by the mayor upon approval of the council. If the application is continued, it may be considered at the next regularly scheduled council meeting and the decision to approve, approve with contingencies, or deny shall be made. Appeal of decisions may be made in writing to district court within ten calendar days of written notice of the council's decision.

I.

Alterations of the Final Site Plan.

1.

The final site plan, as passed by the community development director, planning and zoning commission or the city council, shall not be altered during execution of the site plan agreement, except as hereinafter set forth.

a.

Minor alterations in configuration, setting, alignments, bulk of structures, placement or types of plant material, changes in grades, heights or character of structures, or other similar alterations may be authorized in writing by the community development director, if required by circumstances not reasonably foreseeable at the time the final site plan was approved.

b.

All other alterations in use, rearrangement of lots, realignment of major circulation patterns, drainage modifications, increases in density levels, provisions governing common or open space, or the ratio thereof, or any other alterations that, in the discretion of the community development director, substantially changes the site plan, shall be approved by the commission or the council, depending on project size, at public meetings for which public notice is given, pursuant to Sections 17.12.150(G) or 17.12.150(H) of this title. The same type and quality of data shall be required as was necessary for the original final approval and passage.

J. Site Plan Application Form.

OWNER _____ TELEPHONE ___________
ADDRESS _____

OWNER'S AUTHORIZED REPRESENTATIVE _____
ADDRESS _____ TELEPHONE___________

LEGAL DESCRIPTION OF LAND UNDER CONSIDERATION _____

_____

_____

COMMON ADDRESS OR LOCATIONAL DESCRIPTION _____

_____

PROPOSED USE OF SITE (i.e., restaurant, theater, four-plex, etc.) _____

_____

WHERE APPROPRIATE:

The following owner's signature signifies that all information on the site plan application is accurate and correct to the best of the owner's knowledge, and that the owner has thoroughly read and understands all site plan application information and requirements.

SIGNATURE OF PROPERTY OWNER___________

DATE___________

K. Site Plan Checklist.

Site plans must be prepared in a professional manner using contemporary drafting techniques. All items on the following checklist must be addressed on a site plan. All proposed items addressed on the checklist must be included on the finished physical development exactly as designated on the approved site plan.

(Ord. 28-04 § 3, 2004; Ord. No. 13-19, §§ 1, 2, 7-2-2019)

The council, if it finds no adverse affect to the plan, may change the zoning designation of any lot or lots in any zoning district; amend, change, or repeal any regulation, restriction, or district boundary; and the following procedure shall be followed:

A.

A recommendation shall be prepared by the planning director as to the conformance of the proposed change with the comprehensive land use plan adopted by the council;

B.

Upon receiving the recommendation of the planning director or his designee, the council shall hold a public hearing on the proposed change. The planning director shall make a good faith effort to send written notice by first class U.S. mail, of the public hearing to all owners of private real estate within a three-hundred-foot radius of the perimeter of the property in question at least fifteen calendar days prior to the hearing date. Such public notice shall not be required in conjunction with amendments to this title. In all cases, at least fifteen calendar days priorto the hearing, notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city. The planning director shall establish the date of a public hearing with confirmation by council;

C.

If there is a protest against a change in the regulations or restrictions in district boundaries signed by the owners of twenty percent or more of the area of the lots included in the proposed change, or of those immediately adjacent within a distance of one hundred forty feet, change is not effective except upon the affirmative vote of three-fourths of all the members of the governing body. In determining the one hundred forty feet, the width of any intervening street or alley shall not be included.

(Ord. 10-95 § 1 (part), 1995; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

Any property owner may petition for a change of the zoning district map, with respect to his property, and the following procedure shall be followed:

A.

A petition, on a form approved by the city, for the proposed change of the zoning district map, shall be filed with the planning director. A public hearing shall be held no sooner than thirty days from the date of filing. The petition shall include as a minimum, the following: (a) name and address of the petitioner; (b) legal description and street address of the property in question; (c) description of the request; and (d) a short statement of the facts upon which the request is being made and the justification thereof. The petition must be submitted to the planning director. The commission may not hold a public hearing until at least thirty days after the date of filing. The petition shall be reviewed by the planning director for his report to the commission as to conformance with the comprehensive land use plan. Upon receipt of a petition, the planning director shall verify that the petition conforms to the provisions of this title and shall set the matter for hearing before the commission. In the event the petition does not conform to the requirements of this title, it shall be rejected by the director.

B.

The planning director or the planning director's authorized representative shall make a good faith effort to send written notice, by first class U.S. mail, of the time and date of the public hearing to the applicant and all owners of private real estate within a three-hundred-foot radius of the perimeter of the property in question at least fifteen days prior to the hearing date. At least fifteen calendar days' notice of the time and place of the public meeting shall be published in a newspaper of general circulation in the city.

C.

The planning director or his designee shall post a sign on the property to be rezoned at least fifteen calendar days prior to the date of the public hearing. Such sign shall be visible from the public roadway and shall contain the following information:

1.

Title: "Zoning Request No. _______"

2.

From _______ district to _______ district and from _______ use to _______ use;

3.

Date and place of public hearing;

4.

Location of a public office where additional information can be obtained.

D.

A fee, as established by council resolution, shall be paid by the applicant at the time the petition is filed with the planning director.

E.

After the public hearing, the commission shall either recommend approval or denial of the petition for the proposed change. If the change is denied, the commission shall state, in writing, the reasons for its decision. In the event the proposed use for the property is a conditional use, the commission may recommend that conditions be placed upon the use and the procedure set forth in Section 17.12.240 shall apply.

F.

Approvals by the commission shall be forwarded to the council for public hearing in accordance with the notice and procedure required by Section 17.12.160.

G.

If the commission does not approve the petition, the applicant may appeal the decision to the council, in writing, within ten calendar days from the date of the written decision. The council shall establish a public hearing date to review all pertinent information concerning the proposed change, upon receipt of such appeal. In the event of such appeal, the procedures of Section 17.12.160(A) and (B) shall apply. In the event no appeal to the council is taken within the specified time period, the action of the commission shall be final and conclusive.

(Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

The council may, when annexing territory to the city, impose such zoning regulations, as provided for in this title as it shall deem necessary upon the territory annexed. The following procedure shall apply:

A.

When a public hearing is required prior to annexation, in accordance with Section 15-1-405, Wyoming Statutes 1977, as amended, the planning director shall make a study and recommend zoning to the council in accordance with the comprehensive land use plan for the city. The council shall then follow the procedure set forth in Section 17.12.160, except that owners of real property outside the annexed area, and not within the limits of the city are not required to be notified.

B.

When a public hearing is not required prior to annexation, in accordance with Section 15-1-407, Wyoming Statutes 1977, as amended, the commission shall first make a study and recommendation on the zoning of the area to be annexed, in accordance with the comprehensive land use plan for the city. Such recommendation may include the placing of conditions upon uses to the property. Upon receiving the recommendation of the commission, the procedure set forth in Section 17.12.160 shall be followed, with the exception that owners of real property outside the annexed area, and not within the limits of the city are not required to be notified. The commission shall adopt rules and regulations setting forth the conditions which may be placed on the territory to be annexed. Such conditions may include, but are not limited to, landscaping requirements, placement of signs, lighting facilities, parking facilities, and means of ingress and egress to the property. All such rules and regulations adopted by the commission are not valid until the rules and regulations have been approved by the council.

(Ord. 5-91 (part), 1991)

A.

A planning and zoning commission is established to safeguard the most appropriate development of the community, in accordance with the public interest, and to hear appeals from any decision or interpretations of this title. The commission shall consist of seven members, to be appointed by the council. All appointments or reappointments shall be for a term of three years.

B.

The council may remove any commission member for cause, upon written charges, and after a public hearing. Vacancies shall be filled for the unexpired portion of a term, pursuant to Wyoming Statutes Section 15-1-605, as amended.

(Ord. 5-91 (part), 1991)

The commission shall elect a chairman and a vice chairman. The planning director or the planning director's designated representative shall serve as secretary to the commission.

(Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

A.

The meetings of the commission shall be held at the call of the chairman, and at such other times as majority of the commission may determine. The chairman, or in his absence an acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings, showing the vote or failure to vote, of each member upon each question, absences of each member, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the planning director and shall constitute a public record.

B.

The concurring vote of a majority of the commission present is necessary to reverse any order, requirement, decision or determination of the city manager, or to decide in favor of the application on any matter upon which it is to pass pursuant to this title, or to grant any variance pursuant to this title.

(Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

A.

The commission shall hear and decide matters which the commission has been expressly and specifically authorized to hear pursuant to this title.

B.

The commission shall promulgate rules and regulations deemed necessary for the administration of this title, and for the proper conduct of its meetings.

C.

The commission shall conduct hearings in any case contesting a matter which it is authorized to hear pursuant to this title, or for the enforcement of a matter set forth herein, or for any case contesting a grant or denial of an exception, variance, conditional use permit, or home occupation permit, or any other matter authorized by this title. For such hearings the commission shall:

1.

Establish reasonable time for the hearing;

2.

Give proper public notice as provided for herein;

3.

Provide notice to all parties to the hearing, which parties may appear in person at the hearing, or through an attorney;

4.

Decide all issues within a reasonable time.

D.

The commission shall have the authority to approve, disapprove, or modify requests for a variance, exception, conditional use permit, or other matters specifically authorized by this title.

E.

The commission may reverse, or affirm, wholly or in part, or modify an order, requirement, decision, or determination of the city manager appealed pursuant to this statute.

1.

An aggrieved person affected by the decision of the city manager pursuant to this title may appeal to the commission. Such appeals must be taken within ten calendar days of the written decision of the manager, pursuant to the rules of the commission, by filing with the commission a notice of appeal setting forth therein the specific grounds of the appeal. The appeal shall be filed with the commission, and upon notice of the appeal the city manager shall transmit to the commission the complete record of the action from which the appeal is being taken. If no appeal is filed within ten calendar days, the action will be deemed final.

2.

An appeal shall stay all proceedings or actions of the city manager unless the city manager specifies in writing to the commission that the stay will cause imminent peril to life or property, and includes the basis for his decision. Public notice of the appeal shall be given by publishing the time and place of the hearing at least once in a newspaper of general circulation in the city, said publication to be at least fifteen days prior to the date of hearing.

F.

The commission may vary or adjust the strict application of any requirement of this title in the case of any physical condition applying to a lot or building, if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of this title may be granted unless:

1.

There are special circumstances or conditions, fully described in the commission's findings, which are peculiar to the land or building for which the adjustment is sought, and which do not apply generally to land or buildings in the neighborhood, and which have not resulted from action of the applicant, subsequent to the adoption of this title;

2.

For reasons fully set forth in the commission's findings, the circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof, and the adjustment, as granted, is the minimum adjustment possible to allow the owner the reasonable use of the land or building involved;

3.

The granting of the adjustment is consistent with the general purposes and intent of this title, and will not be injurious to the neighborhood or detrimental to the public health or welfare.

G.

The commission shall have the authority to grant exceptions to the following:

1.

The provisions of this title, including non-conforming lots, land uses, and structures, as set forth in Sections 17.12.010, 17.12.020, 17.12.030, and 17.12.040;

2.

Side yard and rear yard setback requirements in any zoning districts;

3.

Front yard setback requirements in any residential zoning, however, the commission shall not reduce the setback requirements for any garage or carport to less than twenty feet from any front lot line.

4.

Off-street parking requirements, as set forth in Section 17.12.080 of this chapter; provided, however that said off-street parking in residential, HM, OB, C-1, C-2, C-4, M-1, and M-2 zoning districts shall not be reduced by more than fifty percent; off-street parking in a C-3 zoning district may be reduced by one-hundred percent by the commission, pursuant to Section 17.12.070(A)(11);

5.

A wall or fence constructed between the street and front building line, in excess of four feet in height, where it can be shown that exceeding the four foot limitation will not be harmful, or detrimental to the public health or welfare, or otherwise violate the purpose of this title, and where it can be shown that the proposed exception will not obstruct the field of vision of motor vehicle operators at the intersection of two or more streets;

6.

To allow for the use of a manufactured home (mobile) for security purposes only, for the benefit of the property upon which the manufactured home (mobile) is located in M-1 and M-2 zoning districts;

7.

To grant an exception from the strict compliance with Sections 17.96.020 through 17.96.040. Exceptions granted under this section however shall only be granted where the strict application will result in undue hardship being imposed upon the person owning or having the beneficial use of the property or sign for which the exception is sought;

8.

No exception to this title shall be granted by the commission unless it finds that:

a.

The exception will not substantially impair the land use of the neighborhood or adversely effect the safety of the adjacent property,

b.

The exception will not conflict with the comprehensive land use plan adopted by the commission and confirmed by the council, nor violate the purpose or intent of this title,

c.

Under the particular circumstances presented, as set forth in the findings of the commission, strict compliance with the terms of this title will cause undue hardship upon the applicant,

d.

The applicant, or predecessors in interest, have not, by affirmative act or acts, caused the condition or use to exist in violation of the terms of this title for which the exception is requested, provided, however, that this requirement shall not apply to exceptions sought pursuant to subsection H of this section;

H.

The commission may also grant exceptions and variances upon request after a petitioner has provided written documentation showing that an illegal construction had commenced, or a nonconforming building or use existed for a period of at least five years in violation of this title, and the city has not taken steps toward enforcement, subject to the following procedure:

1.

The commission shall hold a public hearing and follow the hearing procedures as set forth in this title;

2.

The exception or variance will not substantially or permanently impair the appropriate use of neighboring property or adversely effect the safety of occupants of the adjacent property;

3.

The exception or variance will not conflict with the comprehensive land use plan adopted by the commission and confirmed by the council, nor violate the purpose and intent of this title;

4.

Under the particular circumstances presented, strict compliance with the terms of the ordinance will result in the imposition of an undue hardship upon the petitioner.

I.

The commission may grant an exception to the restrictions established in Section 17.12.120(N); provided that, the petitioner can prove that those restrictions present unacceptable reception of signals or impose excessive costs.

J.

In all matters to be heard under this section, the commission shall set a reasonable time for a hearing, give appropriate notice as required herein, and all interested persons shall have the right to appear and be heard, and may be represented by counsel.

K.

Any person aggrieved or adversely affected by a final decision of the commission, may obtain judicial review by filing a petition for review with the district court of jurisdiction. Review by the court shall be as provided by the Wyoming Administrative Procedures Act and Wyoming Rules of Appellate Procedure.

(Ord. 24-01 § 7, 2001; Ord. 26-99 § 1 (part), 1999; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

A.

The property owner of the land in question may apply to the commission for a variance or exception. Applications submitted by a tenant need not be executed by the owner. The commission shall hold a public hearing on all such applications. The following procedure is required:

1.

Applications for variances and exceptions shall be on forms prescribed by the commission and must be submitted to the office of the planning director at least thirty calendar days prior to the public hearing conducted by the commission at which the action is considered. Said application must include:

a.

Name of applicant,

b.

Location of property in question,

c.

Description of request,

d.

A statement of the facts upon which the request is being made and the justification therefore. Any application not complying with the requirements of this title shall be rejected;

2.

Upon receipt of a complying application for a variance or exception, a written notice of the date, time, and place of the hearing shall be mailed first class U.S. mail, or delivered to the applicant, and all owners of private real estate within a three-hundred-foot radius of the perimeter of the property in question, as shown on the reviewed application. The notice shall be mailed or delivered at least fifteen calendar days prior to the hearing date. Notice shall be published fifteen days prior to the hearing, as required by law;

3.

Except as otherwise provided, the commission shall cause a sign to be posted and maintained on the property affected at least fifteen calendar days before the hearing. Such sign shall be visible from the public roadway and shall contain the following information:

a.

Case number and zone affected,

b.

Nature of variance or exception requested,

c.

Date and place of public hearing,

d.

The location of a public office where additional information can be obtained;

4.

At the time the application for a variance or exception is submitted to the planning office, a uniform fee, as established by council resolution, shall be paid by applicants;

5.

Appeals from decisions of the commission shall be in accordance with the Wyoming Administrative Procedures Act and the Wyoming Rules of Appellate Procedure;

6.

The commission shall not rehear any case after a decision has been rendered in accordance with this title;

7.

In any case in which an exception has been approved by the commission and has not been exercised and the work completed by the person named in the permit within one year from the date of issuance, such permit shall be void and have no further force or effect. The issuance of a building permit shall not constitute execution of the permit.

(Ord. 10-95 § 1 (part), 1995; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

A.

No premises shall be used or building or structure constructed within any zoning district as a conditional use until the owner has obtained a conditional use permit from the commission as provided herein, and executed a conditional use agreement. Once issued, a conditional use permit follows the land, and the conditional use agreement is binding upon subsequent owners.

B.

At the time application for a conditional use is submitted to the planning office, a uniform fee established by council resolution shall be paid by the applicants.

C.

The commission shall have the authority to grant conditional use permits, for conditional uses which are allowed in all zoning districts, to the owners or tenants, upon written approval of owner of the real property for which the conditional use is applied for. The council shall have the authority to grant conditional use permits, for conditional uses which are allowed in all zoning districts, when such conditional uses are proposed in connection with a zone change or annexation of new territory to the city. The commission shall have no authority to change, in any manner, a conditional use approved by the council, unless the council specifies that the commission shall have the authority to do so, in which case such fact shall be entered upon the conditional use permit.

D.

Upon receipt of a complying application, thirty days in advance of the date of public hearing, for a conditional use on a site that is less than three acres in area, a written notice of the date, time, and place of the hearing shall be mailed, or delivered to the applicant and all owners of private real property within a three-hundred-foot radius of the perimeter of the property in question, as shown on the application. Notice shall be published at least fifteen calendar days prior to the hearing as required by law.

E.

The commission shall proceed with the public hearing on the application in a manner prescribed above, and following the hearing and upon affirmative vote of a majority of all the members of the commission, the commission shall grant the conditional use and direct that permit to be issued under such terms and conditions as determined by the commission.

F.

In the event a conditional use is proposed in connection with a petition for a zone change or newly annexed territory, the application for the conditional use shall accompany the petition. In the event the petition for zone change or annexation is required to be considered by the commission prior to council consideration, the commission may consider the same criteria and may recommend reasonable conditions be attached to any recommended approval. The council may review the commission's findings and issue its decision as set forth in Sections 17.12.240(G), 17.12.240(H) and 17.12.240(I) of this title.

G.

No conditional use permit shall be granted unless the commission finds:

1.

The conditional use is consistent with the spirit, purpose, and intent of this title; will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience, and welfare;

2.

The conditional use is designed to be compatible with adjacent land uses and the area of its location.

H.

In making its findings, the commission shall consider any relevant factors, including, but not limited to, the following, if applicable to the proposed use:

1.

Area and height to be occupied by buildings or other structures;

2.

Density for the proposed use in terms of units per acre and the number of offices, employees, occupants, or all three;

3.

Volume of business in terms of the number of customers per day;

4.

Increased traffic congestion or hazard caused by the use which may be over and above normal traffic for the area, as determined by the city engineer and planning director;

5.

Location of use with respect to the same or similar uses within a three hundred foot radius of the perimeter of the described property;

6.

Any other criteria affecting public health, safety, and welfare, as provided for by written rules of the commission.

I.

The commission or council may approve or deny any application for a conditional use permit. If the conditional use permit is approved, reasonable conditions or modifications may be imposed including, but not limited to, time limitations, requirements that one or more things be done before construction be initiated, or conditions of a continuing nature. By way of illustration, not limitation, the following may be considered and limitations or modifications may be placed upon the same, to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 17.12.240(G) and (H) of this title:

1.

Size and location of site;

2.

Street and road capacities in the area;

3.

Ingress and egress to adjoining public streets;

4.

Location and amount of off-street parking;

5.

Internal traffic circulation systems;

6.

Fencing, screening, and landscaped separations;

7.

Building bulk and location;

8.

Usable open space;

9.

Signs and lighting; and

10.

Noise, vibration, air pollution and other environmental influences.

Any such condition shall be entered in the minutes of the appropriate issuing body and on the conditional use permit. The permit shall be issued and signed by the chairman and secretary of the commission, in the event the permit is issued by the commission. In any case in which a conditional use permit has not been exercised and the work completed by the person named in the permit, within one year from the date of issuance, such permit shall be void and have no further force or effect.

J.

Upon the performance of all the conditions set forth in the conditional use permit and the continued performance if the conditions are of a continuing nature, the use shall be considered to be a permitted use. No conditional use may be modified, structurally enlarged, or expanded in ground area, unless such is allowed by the terms of the permit until and unless the conditional use permit is amended and approved in accordance with this title. In the event the city manager finds that any of the conditions of a permit have not been met, the permit may be revoked by the city manager, or the city may resort to any other remedy allowed at law for violations of this title. Appeals of the decision of the city manager to revoke, allow, or take no action on a permit shall be taken as set forth in this title.

K.

All applications for conditional uses shall be on a form prescribed by the commission and shall, at the minimum, contain the following information:

1.

Name and address of the person applying for the permit;

2.

Legal description of property proposed for use; also common street address of property;

3.

Total lot size of area proposed for use, including number of lots applicable;

4.

Current zoning and use of property;

5.

Current zoning and land uses within a three hundred foot radius of the property;

6.

Purpose for which the property is to be used, including the size of the building or buildings, number of occupants and/or employees, and number of office spaces;

7.

A plot plan of the property showing the proposed location of buildings, off-street parking spaces, routes for ingress and egress, and fencing and screening, if any;

8.

Any restrictions on use of the property required by the council, whether required of the applicant or his predecessors in interest, including restrictions or requirements made by way of city-owner subdivision agreements.

L.

Any person aggrieved or adversely affected by a final decision of the commission may appeal the decision to the city council by submitting a written request for a hearing, within ten calendar days from the date of the written decision. The city council shall establish a public hearing date to review all pertinent information concerning the proposed change, upon receipt of such appeal. In the event no appeal to the city council is taken within the specified time period, the action of the commission shall be final and conclusive.

The applicant and those favoring the application shall be allowed to speak first and present any information, including information presented at the commission, to council. Any opponents shall then be allowed to speak and present information, including information presented at the commission, to council.

The application and any exhibits presented at the commission shall be forwarded to council for their consideration at the public hearing. Any staff reports, findings, conclusions and orders of the commission shall be presented to council.

Council shall have the opportunity to question any speaker or ask any speaker to answer or respond to questions posed by other speakers or by council.

Council's decision shall be final.

M.

Day-Care Conditional Use Permit Application.

1.

An individual desiring to operate a family child care center - zoning review or a family child care home - zoning review, in any zoning district requiring a conditional use permit must apply to the planning office. Said application shall set forth the following:

a.

The person's name (both owner and operator as appropriate);

b.

Location of the day-care facility;

c.

The type of day-care facility; and

d.

The number of children to be cared for.

2.

Day-Care Standards and Requirements.

a.

The outdoor play area shall be fenced.

b.

The use of a residence for a day-care shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the home or the neighborhood.

c.

The care and supervision of children shall be conducted in a manner which does not create a nuisance to the neighborhood.

d.

All family child care center - zoning review or family child care home - zoning review facilities shall be approved by the Casper fire department.

e.

Day care providers shall provide off-street parking as required in Section 17.12.080 of this code.

3.

Renewal. Unless otherwise specified in the conditional use permit, permits for day-cares shall be granted to the day-care provider and shall not attach to the land. The conditional use permit shall not be transferable from one location to another, and shall not be transferable from one day-care provider to another without submission and approval of a new application. Renewal will not be required unless there is a change in the facility play yard or a property-related complaint is received from a neighboring property owner.

4.

Permit Procedures and Hearing Procedure. Applications for day-care conditional use permits shall follow those procedures set forth in subsections A through L of this section.

(Ord. 27-01 § 5, 2001; Ord. 14-00 §§ 3, 4, 2000; Ord. 26-99 § 1 (part), 1999; Ord. 14-98 § 9, 1998; Ord. 10-95 § 1 (part), 1995; Ord. 15-93 (part), 1993: Ord. 5-91 (part), 1991)

(Ord. No. 06-09, § 1, 4-7-2009; Ord. No. 3-15, § 1, 4-7-2015)

A.

No building permit or occupancy permit shall be issued by the city manager or his authorized representative for the excavation for or erection of a building, or part of a building, or for repairs to or alteration of, or moving of a building or part of a building or for the use of any premises until the zoning clearance section of the building permit application has been executed by the planning director or his designee. The zoning clearance section of the building permit application must be executed by the planning department and a statement of its intended use must be filed by the applicant and requirements of all applicable building codes must be met. In addition, the plans and intended use shall indicate that the building and premises either conform, in all respects, to the provisions of this title, or such proposed building or use shall have been duly authorized by the council or commission, as provided by law.

B.

All applications for building permits shall be accompanied by a plat or a site plan, in duplicate, in accordance with this title, showing the lot, the proposed location of the building on the lot, accurate dimensions of building and lot, number of off-street parking spaces and their dimensions, and other information as may be required to comply with the current edition of the Uniform Building Code and any other applicable city codes and ordinances. An original copy of such application and plat shall be kept in the office of the city manager or the city manager's authorized representative, and a duplicate copy shall be kept at the building site at all times during construction. Lot lines shall be defined on the ground before construction of or excavation for a building is commenced.

C.

An occupancy permit may be issued prior to all on- and/or off-site improvements being completed, if the owner obtains and submits an irrevocable letter of credit in the amount necessary to complete said improvements, and provided that precautions have been taken to insure public safety. The amount of the irrevocable letter of credit shall be based upon a letter signed by the owner's engineer or architect. Said irrevocable letter of credit must be submitted to the planning director, and must provide that if the improvements are not completed within twelve months, the city may have them completed and without other approval may draw upon the letter of credit for reimbursement of the costs thereof.

D.

Except as otherwise provided, there shall not be more than one principle building on a lot in the R-1 zoning district, or in the R-2 zoning district, unless a conditional use is approved by the planning and zoning commission. More than one principal building shall be permitted on a single lot in all other zoning districts.

(Ord. 28-08 § 28, 2008; Ord. 5-91 (part), 1991)