Roof Top Pole Lease Agreements - PDF

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					                                                  Section 12-165 Wireless Communication Towers-September 15, 1998
                                                                                         Amended November, 2009

                 CHAPTER 12-165                                12-165-020 Conditional Use

WIRELESS COMMUNICATION TOWERS.                                 A. General. Telecommunication towers are a
                                                                  conditional use in all zones except
12-165-005     Purpose                                            residentially           zoned            areas.
12-165-010     Antenna and Structure Types                        Telecommunication towers are prohibited in
12-165-015     Permitted Use Co-location                          residentially zoned areas except as may be
12-165-020     Conditional Use                                    permitted with a conditional use permit upon
12-165-025     Development Requirements                           or within any institutional use, regardless of
12-165-030     Maintenance and Business License                   the zoning designation. These institutional
12-165-035     Abandonment of Facilities                          uses include, but are not limited to:
12-165-040     Requirements     for    Monopole                   churches, well sites, water tanks, City parks,
               Antennas                                           City buildings (fire, police, City hall) public
12-165-045     Requirements for Wall Mount                        schools, and quasi-public schools.
12-165-050     Requirements for Roof Mounted                   B. Approval and Building Permit. Each tower
               Antennas                                           placement shall be reviewed and approved
12-165-055     Requirements for Other Antennas                    by the City Council following a
12-165-060     Telecommunication Towers Not                       recommendation     from    the  Planning
               Permitted                                          Commission. Each tower location will
                                                                  require a building permit. Co-location of
12-165-005 Purpose                                                any additional antenna on a pre-existing
                                                                  tower requires a building permit through
The purpose of this ordinance is to plan for the                  administrative approval by the Planning
rapid expansion of telecommunication facilities.                  Department.
In addition, other more specific purposes are as
follows:                                                       C. Criteria for Approval of Conditional Use. In
     1. Set regulations addressing the preferred                  conducting its review and/or making its
         placement, visual mitigation, and                        determination to allow a low power radio
         installation   of      low    powered                    telecommunications antenna facility as a
         communication towers.                                    conditional use, the City Council, after
                                                                  recommendation         from      the   Planning
     2.   To balance the increasing need for                      Commission, shall, in addition to any other
          telecommunication technology with the                   matters it may choose to consider, consider
          interests of the property owner while                   the following:
          protecting the health, safety, and                      1. Whether the proposed structure
          welfare of the City’s residents.                             complies with all the required standards
                                                                       and criteria listed in this Ordinance.
12-165-010 Antenna and Structure Types
                                                                    2.   Compatibility of the proposed structure
Communication towers are characterized both by                           with the height and mass of existing
the type and/or location of the antenna structure.                       buildings in the area.
This ordinance shall address low powered
communication towers for the following facility                     3.   The location of the antenna in relation
types: amateur “Ham” radios, lattice towers,                             to existing vegetation, topography, and
monopoles, roof mount, wall mount, whip                                  buildings to obtain the best visual
antenna, and microwave or satellite dish.                                screening.

12-165-015 Permitted Use Co-location                                4.   Visual and economic impact upon
                                                                         adjacent properties.
Permitted Use: Antennas to be located on
monopole, as allowed herein, may be allowed as                      5.   Compliance          with  Federal
a permitted use if co-located on a monopole site                         Communications Commission (FCC)
that has been previously approved by a                                   emission standards.
conditional use permit.
                                                                    6.   Whether placement of the structure in

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                                                  Section 12-165 Wireless Communication Towers-September 15, 1998
                                                                                         Amended November, 2009

          the proposed location will result in a                    applications for a telecommunication tower
          significant impact to other uses or the                   placement shall include a development
          reception or transmission of existing                     master plan for a radius of three miles
          facilities.                                               surrounding the City’s incorporated limits.
                                                                    The master plan shall include an estimate of
     7.   Each tower application shall evaluate                     the number and approximate location of
          whether co-location on other existing                     future tower needs for the next 10 years
          structures in the same vicinity such as                   from the date of submittal for the first tower
          other towers, buildings, water towers,                    location.   In addition, the development
          utility poles, athletic field lights,                     master plan shall show the service area
          parking lot lights, etc. is possible                      within Riverton. This master plan shall be
          without significantly impacting antenna                   accompanied by a photographic example of
          transmission or reception. However, for                   an existing facility, the dimensions,
          location on such existing structures and                  elevation and site plan of the tower and
          poles, telecommunications facilities                      associated electronic cabinetry, and if
          must meet the following additional                        applicable, a prepared co-location contract
          requirements:                                             in the event the facility may be shared for
                     a) No lighting shall be placed                 future antenna placement.
                on the site that further illuminates,
                advertises, or draws attention to              C. Site Plan: Unless stated otherwise herein, all
                any part of the facility, and;                    the types of antennae listed herein as
                     b) The mounting of such                      permitted must make an application to the
                facility complies in all respects                 Community Development Department for
                with all other provisions of this                 site plan approval. All applications shall
                ordinance.                                        adhere to the requirements for site plan
                                                                  approval in addition to requirements as
          8.   The City Council may approve the                   detailed herein. The site plan shall illustrate
               Conditional Use application with                   verbally and graphically, how designs for
               additional conditions.                             the accessory buildings will prevent
                                                                  vandalism and maintain the character of the
12-165-025 Development Requirements                               surroundings.

A. Applicability of Building and Safety                        D. Accessory Buildings: Accessory buildings
   Regulations: All antenna locations shall                       must comply with required setback, height,
   provide assurance that the installation                        and landscaping standards as required in the
   complies with all applicable standards and                     zoning district in which the tower is located.
   regulations, including, but not limited to
   Uniform Building Code, National Electric                    E. Grounded: All antennas and support
   Codes,         Federal        Communication                    structures shall be grounded in accordance
   Commission,           Federal        Aviation                  with the National Electric Code.
   Administration, and Environmental Agency
   as well as all other City ordinances. Each                  12-165-030 Maintenance          and      Business
   application for a permit to build a                                    License
   telecommunication tower shall be certified
   by a licensed professional engineer, that the               A. Maintenance.      Every antenna, pole, or
   design meets all standards herein. No                          support structure, and all ancillary facilities,
   communication facility shall encroach upon                     shall at all times be maintained in good
   or block vehicular or pedestrian access at                     structural and aesthetic condition. The
   any time. Climbing pegs or access ladders                      owner of any property on which any such
   shall be removed from the lower twenty (20)                    antenna, pole, support structure, or ancillary
   feet regardless of location. Antennas shall be                 facility or facilities is located, and those
   mounted with such standards that the                           responsible for or receiving benefit from its
   structure can easily withstand wind force up                   placement, shall keep the area clean and free
   to eighty miles per hour.                                      from rubbish, flammable waste material or
                                                                  any other noxious or offensive substance.
B. Development Master Plan Required:               All

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                                                  Section 12-165 Wireless Communication Towers-September 15, 1998
                                                                                         Amended November, 2009

12-165-035 Abandonment of Facilities:                          C. Quantity and Co-location. Only one (1) tower
                                                                  shall be permitted in a three (3) mile radius
A. Abandonment            Agreement.        Upon                  unless the existing tower already has at least
   Application for a telecommunications                           one co-locator, or it can be demonstrated
   facility, the owner or agent of the tower                      that co-location on an existing tower is not
   must supply Riverton City with a letter                        practical or feasible. Provisions for co-
   stating that if the tower is vacated for any                   location shall include the structural
   reason, the owner or agent will remove the                     capability to hold additional co-locator
   tower, all apparatus associated with it, the                   antennas and adequate land area for
   top three (3) feet of the footing and restore                  subsequent electronic equipment cabinetry.
   the site to its original condition within sixty                Towers should not reach maximum
   (60) days of vacation of the tower.                            allowable height until such co-locator(s)
                                                                  have secured an agreement with the original
B. Abandonment and Non-Maintenance. Any                           tower applicant.
   antenna structure, antenna support, and
   accessory structures abandoned or not                       D. Electronic Cabinetry. The electronic cabinetry
   properly maintained shall be required to be                     and subject enclosure shall not exceed
   removed at the expense of the persons                           twenty-five (25) feet by twenty-five (25)
   having control or receiving benefits within                     feet by ten (10) feet tall.
   sixty (60) days after receiving notice of non-
   maintenance.                                                E.    Screening. Monopoles and electronic
                                                                    cabinetry shall be located to obtain the
                                                                    highest amount of visual screening, such as
12-165-040 Requirements              for     Monopole               behind built structures, and screened with
           Antennas                                                 mature trees and shrubbery.             Each
                                                                    application shall submit a screening plan.
Monopoles are cylindrical poles used to support
telecommunication equipment. There are two                          Each co-locator shall place electronic
primary divisions among the antenna equipment                       cabinetry with one shared wall to the
found on monopoles: antenna equipment that                          original electronic cabinetry enclosure for
extends less than two (2) feet in diameter around                   efficient space utilization.       Where the
the monopole; and those wider than two (2) feet                     location is limited, as in a commercial
in diameter.                                                        district, the first locator will be required to
                                                                    build housing that can adequately contain all
Both antenna types shall abide by the following                     co-locators’ electronic cabinetry. Where the
regulations:                                                        location is residential in character or the site
                                                                    is not conducive to landscaping, the
A. Location. The monopoles shall locate where                       electronic cabinetry shall be encased in a
   the tower may be positioned at a minimum                         structure emulating a small residential
   distance of 1 1/2 times the tower height                         building, with gabled roof and durable
   away from any residential structure. Towers                      exterior materials.
   are permitted under lease agreements to
   locate on publicly owned lands. Co-location                 F.   Lighting. No portion of the antenna of
   may be required. Towers shall be located in                      appurtenant structures shall be lighted
   rear yards only and shall abide by all zoning                    except for warning lights at the top of the
   setbacks.                                                        structure when warranted.

B. Height. Where there is only one antenna                     12-165-045 Requirements for Wall Mount
   structure proposed, the maximum height will                            Telecommunications Antennas
   be eighty (80) feet. If a tower is proposed to
   carry up to three (3) antenna companies on                  Wall Mount Antennas are antennas mounted on a
   one monopole, the monopole cannot exceed                    vertical exterior wall.
   100 feet in height. Antenna equipment on a
   monopole shall not exceed ten (10) feet in                  A. Location. Wall mounted antennas shall only
   height.                                                         be mounted on buildings of three (3) stories

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                                                  Section 12-165 Wireless Communication Towers-September 15, 1998
                                                                                         Amended November, 2009

     or more, having a penthouse or a mechanical
     room.                                                     C. Area. The total area for roof mounted
                                                                  antennas and support structures shall not
B. Dimensions. Wall mounted antennas shall                        exceed 200 square feet for all antennas
    not locate more than four (4) feet from the                   structure on a roof or forty (40) square feet
    exterior wall on which they are mounted.                      for each antenna.
    The width of the antenna structure shall be a
    maximum of thirteen (13) feet wide and not                 D. Quantity. A maximum of three (3) antenna
    taller than eight (8) feet. Wall mounted                      structures shall be permitted on any single
    antennas shall not extend more than three                     building.
    feet above any roof line nor shall antennas
    be located closer than thirty (30) feet to the             E. Screening and Design Guidelines. Antennas
    base of the building.                                         shall be painted to match color, pattern
                                                                  and/or materials on which they are mounted.
C. Area. The total area for wall mounted                          Accessory buildings or cabinetry shall also
   antennas and support structures shall not                      receive screening treatment to blend into the
   exceed 100 square feet per wall or forty (40)                  building’s architectural integrity.
   square feet for each antenna. This shall be
   calculated as the areas of all antennas and                 12-165-055 Requirements            for       Other
   support structures.                                                    Antennas

D. Quantity. A maximum of three antenna                        A.    Microwave or Satellite Dish: Microwave
   structures shall be permitted to locate on any                    dishes are large disks used to receive
   wall.                                                             information via satellite. These are used
                                                                     for telecommunication where there are no
E. Screening and Design Guidelines. Antennas                         ground lines available in the vicinity.
   shall be painted to match color, pattern                          Commercial microwave dishes are not
   and/or materials where they are mounted.                          permitted in City limits. Satellite dishes
   Accessory buildings or cabinetry shall also                       that are not used for telecommunication use
   receive screening treatment to blend into the                     and are under three (3) feet in diameter are
   building’s architectural integrity.                               exempt from the provisions of this
12-165-050 Requirements for Roof Mounted
           Telecommunications Antennas                                  1.   Location: Satellite dishes shall be
                                                                             located to the rear or side yards not
Roof     Mounted    Antennas    is    where                                  facing a public street in single
telecommunication equipment is mounted on a                                  family detached residential zones
rooftop.                                                                     and on flat roof tops in all other
                                                                             zones.     Wall mounted satellite
A. Location. Roof mounted antennas shall only                                dishes are permitted if dishes are
   be mounted on buildings of three stories or                               smaller than three (3) feet in
   more, having flat roofs, a penthouse or a                                 diameter.
   mechanical room. Not more than three
   antennas shall be located on any one                                 2.   Height: Satellites shall not be
   rooftop.                                                                  mounted in residential areas such
                                                                             that any part of the antenna exceeds
B. Height. The maximum height for antennas                                   eight (8) feet from the ground.
   positioned on rooftops shall not exceed ten                               Satellite disks located outside of
   (10) feet above the roof line to top of                                   residential zones shall not exceed
   antenna. However, when an antenna is                                      over eight (8) feet above the roof -
   attached to a mechanical room or penthouse                                line upon which they are mounted.
   or located 15 feet from exterior wall, the
   antenna may not exceed fifteen (15) feet                             3.   Quantity: Three (3) small dishes,
   above the roof-line. Roof mounted antennas                                no grater than eighteen (18) inches
   shall be mounted a minimum of five (5) feet                               in diameter, or one (1) large dish, is
   back from the exterior wall.                                              permitted per household in

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                                                  Section 12-165 Wireless Communication Towers-September 15, 1998
                                                                                         Amended November, 2009

               residential and agricultural zones.                           exceed sixty-five (65) feet in height
               Each multi-family building (RM                                without approval from the City
               zones) may have up to three (3)                               Council          following           a
               satellite dishes, if they are properly                        recommendation from the Planning
               screened or camouflaged.            A                         Commission.         Any applicant
               maximum of three satellite dishes                             wishing to apply for an exception
               are permitted on any one building                             to the tower height shall specify the
               in the commercial, office or                                  details and dimensions of the
               industrial zones, and must be                                 proposed      antenna      and     its
               properly screened.                                            supporting structures and shall
                                                                             further specify why the applicant
          4.   Mounting: On residential property,                            contends that such a design and
               satellite disks and their support                             height     are      necessary       to
               structure shall not be attached to or                         accommodate       reasonably,     the
               mounted           on          building                        amateur radio communication.
               appurtenances, such as a pillar.
               Antennas shall be limited to rear or                     3.   Mounting: Antenna and its support
               side yards and shielded from any                              structure shall not be attached or
               public street. Satellite disks outside                        mounted      on     any    building
               of residential zones shall prioritize                         appurtenance, such as a chimney.
               rooftop mounted or commit to                                  Antennas shall be limited to rear
               heavy screening.           Roof top                           yards and shielded from any street.
               mounted satellite disks shall have a                          The placement of amateur radio
               minimum set back of eight (8) feet                            antennas shall remain sixty-five
               from the closest exterior wall.                               (65) feet from any neighboring
                                                                             house; guide wires shall not be
          5.   Screening and Design Guidelines:                              closer than five (5) feet from the
               All roof mounted satellite dishes                             property line on any side. The
               shall be painted to match the color,                          antenna shall be mounted to
               patterns and/or material such that                            withstand wind force of more than
               they blend with the building’s                                eighty (80) miles per hour without
               architectural integrity.                                      the support of guide wire.

     B. Amateur “Ham” Radios Towers:                           12-165-060 Telecommunication Towers Not
        Amateur radios are licensed and                                   Permitted
        protected      by      the      Federal
        Communication Act as part of the                            A. Lattice Towers: A lattice tower is an
        Emergency       Broadcast      System.                         open steel frame structure with multiple
        Antennas greater than twelve (12) feet                         sides       used        to      support
        tall with antenna and support structure                        telecommunications equipment. Lattice
        exceeding ten (10) square feet in                              towers are not permitted in the City
        surface area, must apply for a building                        Limits.
        permit after receiving Community
        Development approval.                                       B. Whip Antenna: Whip antennas are built
                                                                       with a flexible material that allows the
          1.   Quantity: No more than one (1)                          antenna to bend freely. Whip antennas
               amateur radio shall be permitted on                     are not permitted in City Limits.
               any lot.

          2.   Height: Amateur towers may not

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