All towers, including, but not limited to, radio and television aerials or antennas, dishes capable of receiving electronic transmissions from satellites or other sources, shall require approval of a conditional use permit and site plan by the zoning and planning commission and town council, subject to the procedures in sections 8-3-3, "Conditional Use Permits", and 8-3-9, "Site Plan Regulations", of this title, and all sections of this chapter.
A. Conditional Use Permit Requirements: Applications for the construction or installation of new wireless telecommunication facilities shall require conditional use permit review as set forth in section 8-3-3 of this title. A completed application and payment of an application fee are required prior to review.
B. Site Plan Requirements: All towers that provide commercial wireless telecommunication service are required to submit a site plan to the town for approval. In addition to the standard site plan requirements (listed in section 8-3-9 of this title), the following information must be supplied with the site plan and prior to issuance of a building permit:
1. Site plan drawn to a one inch equals twenty feet (1" = 20') scale.
2. The name, address, and phone number of all proposed users and operators of the tower.
3. The location, size, and height of all structures on the property.
4. Location of the nearest residential structure.
5. A description of the proposed tower and antennas, and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color, and lighting.
6. The general capacity of the tower, and information necessary to assure that ANSI and all structural standards are met including loads for wind and ice.
7. The number and positioning of guywires and antennas.
8. The actual intended transmission and the maximum effective radiated power of the antenna(s).
9. Certification that the proposed antenna(s) will not cause interference with other telecommunication devices.
10. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.
11. The type, locations, and dimensions of all proposed and existing landscaping and fencing.
12. Site plans must show the locations for at least two (2) equipment buildings, even if the tower is proposed for a single user.
13. For towers that are one hundred feet (100') or greater in height above the ground, a visual study depicting the zone within a three (3) mile radius, where any portion of the proposed tower could be seen.
C. Permit Requirements: Applications for tower and associated equipment shall complete the following requirements:
1. All commercial towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall obtain a building permit from the building inspector prior to construction or erection.
2. The design of all towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall comply with applicable sections of the most recent edition of the international building and electrical codes, as adopted by the town.
3. Preengineered and prefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall not require certification of a Wyoming professional engineer, providing the structure and installation are in accordance with manufacturer's recommendations. All drawings and installation instructions are subject to the approval of the building official.
4. All nonpreengineered and nonprefabricated towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, including the substructure, shall be designed by a licensed professional engineer, registered in the state of Wyoming.
5. All towers, radio and television aerials, or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be installed and maintained in compliance with applicable requirements of the international building and electrical codes.
6. All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be supported from a fixed location and nontransportable.
D. Setback, Height And Approval Requirements: All towers, radio and television aerials or antennas, dishes capable of receiving electronic transmission from satellites or other sources, shall be set back a distance equal to at least seventy five percent (75%) of the height of the tower from any adjoining lot line. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. All towers and associated equipment:
1. Shall not interfere with normal radio, television, and/or telephone reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered nuisance violations and shall be corrected under the enforcement provisions of the town of Bar Nunn.
2. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the chief building official may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding property owners.
3. In order to protect the public from the unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density standard levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides stricter requirements.
4. Maximum tower heights shall be seventy feet (70') in R-1, R-2, R-3, R-4, R-5, R-6, planned unit development (PUD), and business districts. Maximum tower height shall be limited to one hundred feet (100') in the light industrial (I-1) district and two hundred feet (200') in the general industrial (I-2) district. (See table 8.11.3 of this section.)
5. Towers may not be located on top of buildings or structures in any residential district. In nonresidential districts, towers are permitted on top of buildings or structures (which are not tower accessory structures). The top of such towers shall not be more than thirty percent (30%) of the building height above the building, nor shall be more than seventy feet (70') above the building, whichever is less. (See table 8.11.3 of this section.)
6. The base of the tower, any guywires, and any associated structures, walls, or fences shall be surrounded by a landscaped buffer developed in accordance with section 8-3-11 of this title (landscaping requirements). Towers and antennas shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
TABLE 8.11.3
TOWER REGULATIONS SUMMARY
Zone | Maximum Height | Plan Com Review | TC Approval | On Top Of Buildings |
R1-R6 | 70' | CUP/site plan | CUP/site plan | NP |
PUD | 70' | CUP/site plan | CUP/site plan | PUD/site plan |
B1-B2 | 70' | CUP/site plan | CUP/site plan | 30% of building height (up to 70') |
I-1 | 100' | CUP/site plan | CUP/site plan | 30% of building height (up to 70') |
I-2 | 200' | CUP/site plan | CUP/site plan | 30% of building height (up to 70') |
NP | = | Not permitted (prohibited) |
n/a | = | Not applicable |
PUD | = | Planned unit development |
Maximum height | = | Maximum height permitted without a variance |
Plan com review | = | Requires review by the zoning and planning commission |
TC approval | = | Requires approval from the town council |
CUP | = | Conditional use permit required |
Site plan | = | Site plan required |
E. Collocation: The shared use of towers is encouraged. Applications for towers which will, immediately upon completion, operate with more than one user may reduce setback requirements from adjacent nonresidential property. The setback from adjacent nonresidential property may be reduced by twenty five percent (25%) when two (2) users enter into a binding agreement prior to the issuance of the building permit. The setback from adjacent nonresidential property may be reduced by up to fifty percent (50%) when three (3) or more users enter into a binding agreement prior to the issuance of the building permit. A binding agreement for the purposes of this section is one signed by all parties using the tower and by the affected landowners. This signed agreement will commit the users to occupy the tower immediately upon its completion.
F. Antennas Mounted On Utility Poles Or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. In residential districts, the equipment cabinet or structure may be located in a front, side or rear yard provided the facility is no greater than twenty feet (20') in height or three hundred fifty (350) square feet of gross floor area and the cabinet/structure is located a minimum of twenty five feet (25') from all lot lines.
2. In business or industrial districts, the equipment cabinet or structure shall be no greater than twenty feet (20') in height. The facility shall be screened from view of all adjacent residential properties.
3. A conditional use permit and site plan application and fee are required.
G. State Or Federal Requirements: All towers must meet current standards and regulations of the federal aviation administration (FAA), federal communications commission (FCC) and any other agency of the local, state or federal government with the authority to regulate towers and antennas.
H. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with applicable state and local building code standards and the applicable standards for towers that are published by the Electronic Industries Association, as amended. (Ord. 2012-1, 4-17-2012)