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HomeMy WebLinkAbout26074 NoticeTHE CITY OF BOZEMAN PROVIDES NOTICE OF A PROPOSAL TO AMEND ITS LAND USE REGULATIONS, CHAPTER 38 BMC, REGARDING WIRELESS FACILITIES, SPECIFICALLY TO AMEND: DIVISION 38.330 WIRELESS FACILITIES, SECTION 38.710.160 SUBMITTAL MATERIALS FOR TELECOMMUNICATION, AND DIVISION 38.800 DEFINITIONS, UNIFIED DEVELOPMENT CODE (UDC), OF THE BOZEMAN MUNICIPAL CODE (BMC). The proposed text amendments are described below. Public hearing dates: On Monday, June 1, 2026, at 6:00 p.m., the Community Development Board acting in their capacity as the Planning Commission, will conduct a public hearing on amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. On Tuesday, June 16, 2026, at 6:00 p.m., the City Commission will conduct a public hearing on amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. Background: The purpose of the public hearings is to consider the proposed amendments as advanced by the City of Bozeman Community Development Department and City Attorney's Office. The application proposes the adoption of code amendments necessary to ensure that the telecommunication and wireless facilities code under Bozeman Municipal Code (BMC) 38.330 Wireless Facilities is compliant with federal law. The City created its present requirements regulating telecommunication towers in 1998 when it updated its local law governing telecommunications in the Bozeman Municipal Code. In adopting these local laws, the City recognizes that it has a duty to protect the public health, safety, and welfare. The City also recognizes that its local government authority to do so is governed and substantially limited by the Telecommunications Act of 1996. The proposed wireless facilities standards are intended to ensure the City is properly regulating the location, placement, dimension, and design of wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. The ordinance includes updates and modifications to Division 38.330 Wireless Facilities, Section 38.710.160 Submittal Materials for Telecommunications, and Division 38.800 Definitions. The full details of the text amendment are provided in the proposed Ordinance. As proposed, applicants for telecommunications projects subject to the City’s plan review process will be required to demonstrate compliance with the updated standards and processes. Compliant projects will be approved. The amendment applies to new development and applies to projects undergoing development review under Chapter 38, Unified Development Code (UDC). The code amendment process: At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred in this notice during the public hearing process. The Ordinance will be subject to provisional and final adoption; the public will have additional opportunity to comment at subsequent City Commission meetings in person or in writing. State law: This application is evaluated against the requirements and purposes of zoning review found in state law in Section 76-25-304, Montana Code Annotated, which are contained in Section 38.770.020.D of the municipal code. Approval or contingent approval of these amendments may be granted if the City Commission determines all criteria are met. How to view the proposed code changes: The complete text of the proposal is available digitally at https://www.bozeman.net/departments/community-development/planning/project-information-portal. Select ‘Project Documents’ and navigate to application 26074. The complete text may also be reviewed digitally at the Department of Community Development, 20 E Olive Street, Bozeman, MT 59715; 406-582-2260. The proposal may be revised as the public review process proceeds. The proposed ordinance and supporting information will also be attached to the above listed meeting agendas at www.bozeman.net/meetings. How to comment: The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period, the City will continue to review for compliance with applicable regulations. The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed by email to comments@bozeman.net or by mail to the City of Bozeman, Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230. Please reference application 26074 in all correspondence. For those who require accommodations for disabilities, please contact ADA Coordinator David Arnado, at 582-3232 (voice). ************************ SUBMITTED THURSDAY, 4/30/26 FOR PUBLICATION ON THREE (3) SATURDAYS, 5/2/26, 5/9/26 AND 5/30/26. PLEASE PRINT BOLD WHERE INDICATED, AND SEND AFFIDAVIT OF PUBLICATION TO BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT.