HomeMy WebLinkAbout05-29-26 - Community Development Board - Agendas & Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Action Items
D.1 A Text Amendment to Revise Division 38.330 (Wireless Facilities), Section 38.710.160
(Submittal Materials for Telecommunications), and Division 38.800 (Definitions) within
Chapter 38 of the Bozeman Municipal Code, Application 26074 (Legislative)(Minnich)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, June 1, 2026
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Having reviewed and considered the staff report, draft ordinance, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application 26074
and move for the Community Development Board in its capacity as the Planning Commission to
recommend approval of the amendments.
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E. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board
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F.1 Upcoming Items for the June 15, 2026, Community Development Board Meeting
Agenda(Saunders)
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Memorandum
REPORT TO:Community Development Board
FROM:Bailey Minnich, Development Review Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
Jennifer Giuttari, Assistant City Attorney
SUBJECT:A Text Amendment to Revise Division 38.330 (Wireless Facilities), Section
38.710.160 (Submittal Materials for Telecommunications), and Division
38.800 (Definitions) within Chapter 38 of the Bozeman Municipal Code,
Application 26074 (Legislative)
MEETING DATE:June 1, 2026
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 26074 and move for the
Community Development Board in its capacity as the Planning Commission
to recommend approval of the amendments.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:
The City adopted the present code structure of telecommunication
regulations in 1998 to respond to changes in federal law. In adopting these
local laws, the City understands that it has a duty to protect the public
health, safety, and welfare. The City recognizes that this duty must be
considered when it regulates the placement, construction, and modification
of wireless facilities. The City’s local government authority to regulate
wireless facilities is governed by the federal Telecommunications Act of 1996
which substantially preempts local control of telecommunication
regulations.
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
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evolving federal law. 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 complete proposed amendments were published for public notice on
May 2, 2026, and subsequently combined and reformatted into the attached
Ordinance
Exhibit A - Division 38.330 Wireless Facilities [External Link]
Exhibit B - Section 38.710.160 Submittal Materials for
Telecommunications [External Link]
Exhibit C - Division 38.800 Definitions [External Link]
Draft Ordinance XXXX - Wireless & Telecommunications Ordinance
[External Link]
This is the first text amendment the City has processed under the Montana
Land Use Planning Act (MLUPA). The Unified Development Code (UDC), at
BMC Division 38.770, contains the process for completing text amendments
and references the specific criteria of MLUPA as outlined in 76-25-304(2),
Montana Code Annotated (MCA). The City's review of the MLUPA criteria is
provided in the attached staff report. The proposed text amendment
complies with all public hearing and notice requirements outlined within
BMC 38.770.030.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the board.
FISCAL EFFECTS:None at this time.
Attachments:
Draft Ordinance XXXX - Wireless Telecommunications.pdf
26074 Staff Report - Wireless Facilities Ordinance.pdf
Report compiled on: May 26, 2026
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Wireless Facilities Ord. - Page 1 of 33 -
ORDINANCE XXXX
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA XXX
WHEREAS, the City adopted the present code structure on telecommunication
regulations in 1998 to respond to changes in federal law; and
WHEREAS, wireless and telecommunications law is primarily governed by federal
statutes such as the Telecommunications Act of 1996 and rulings from the Federal
Communications Commission; and
WHEREAS, due to federal preemption, the City is obligated to ensure that its
telecommunication and wireless laws comply with federal law; and
WHEREAS, the proposed Ordinances brings the Bozeman Municipal Code Sec. 38.330
– Wireless Facilities current with federal mandates; and
WHEREAS, because this Ordinance is considered a zone text amendment, the City is
required to publish a public notice pertaining to the amendments and to go before the Planning
Commission; and
WHEREAS, the City published three notices in the Bozeman Daily Chronicle on May 2,
9, and 30th 2026; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2026 to review
the proposed amendments; and
WHEREAS, the staff report reflects the Planning Commission’s vote and
recommendations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Wireless Facilities Ord. - Page 2 of 33 -
Section 1
Bozeman Municipal Code. Section 38.330.010 shall be amended as follows:
Sec. 38.330.010. - Purpose and applicability.
A. It is the duty of the city to protect the public health, safety and welfare and the
city has the authority to regulate the placement, construction and modification
of wireless facilities in the advancement of that duty.
B. The city commission finds that:
1. The aesthetic character of the city is a matter of substantial economic
importance and general concern to the citizens of the city, as described
in the city's adopted land use plan, and is an important part of the
public welfare;
2. Wireless facilities are often visually obtrusive due to their necessary
height, support equipment and interruption of the viewscape, and can
have substantial negative impacts on the character of the city and its
surrounding viewsheds;
3. The impacts of wireless facilities can be reduced by establishing
standards for location, structural integrity, compatibility and collocation;
4. To reduce visual and other impacts on the community the city desires
to promote collocation, use of stealth concealed installations of
wireless facilities and the use of smaller less intrusive facilities to
minimize the need to construct new large scale wireless facilities;
5. The city desires to provide clear and consistent regulations for
review of proposed wireless facilities;
6. The city desires to support the ability of telecommunication service
providers to deliver such services to the community consistent with
other community objectives;
7. The construction of new large scale wireless facilities is the action of
last resort to provide for wireless communication services and should
only be undertaken when alternatives are not available;
8. It is necessary to determine the locations and circumstances most
appropriate for placement of wireless facilities to serve the community;
9. Consistent with applicable law, the city desires to minimize the adverse
visual impacts of wireless towers and antennas and antenna arrays
through careful siting, design, landscape screening and innovative
camouflaging screening;
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10. The city seeks to protect against potential health and safety hazards
to citizens and prevent damage to adjacent properties;
11. The city intends to exercise its authority with respect to the regulation
of the placement, construction and modification of wireless facilities, to
the fullest extent permitted by applicable law;
12. The city recognizes the need to respond to the policies in the
Telecommunications Act of 1996 and subsequent federal judicial and
legislative interpretation, and has constructed its regulations in a
manner that does not unreasonably discriminate between providers of
functionally equivalent personal wireless service, and that does not
prohibit or has the effect of prohibiting personal wireless service in
the city;
13. The city recognizes that the Federal Communication Commission
exercises certain sole authority in the licensing and other regulation of
wireless services;
14. The adequate review of a telecommunications application may
require expertise not typically possessed by city staff which would
require the city to obtain qualified outside expertise to properly
evaluate an application; and
15. Outside review would generate additional costs to the public to preserve
the public interest these costs must be mitigated and should properly be
mitigated by those causing such additional costs.
C. General application. All uses listed in this division are subject to the
specific standards described for each use, in addition to all other applicable
standards which may apply, and are limited to those districts specified. The
provisions of this division apply to development and modification of large
scale wireless facilities, micro-scale wireless facilities, non-broadcast
telecommunication facilities and small scalewireless facilities. These and
other terms are defined in article 8.
1. The provisions of this division only apply to facilities which meet the
definition of a wireless facility or that are otherwise specifically brought
under the authority of this division.
Section 2
Bozeman Municipal Code. Section 38.330.020 shall be amended as follows:
Sec. 38.330.020. - Special submittal requirements.
In addition to the materials required by 38.710 for concept plans, sketch plans, site plans,
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or special use permits the materials required by 38.710.160 must be submitted.
Section 3
Bozeman Municipal Code. Section 38.330.030 shall be amended as follows:
Sec. 38.330.030. - Uses within districts and required review procedures.
A. Purpose. This section authorizes telecommunication uses in specific
districts. Unless specifically exempted by this division, all other standards and
procedures of this chapter apply.
B. Permitted wireless facility uses. No wireless facility may be permitted
except in accordance with the development review processes indicated in
Table 38.330.030-1, based on the applicable zoning district and scope of the
proposed facility. All applications are subject to the review processes,
submittal requirements and other requirements of article 7 as may be
applicable. Previously approved applications may be modified per
38.740.120.
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Table 38.330.030-1.
Zoning
District
Large
Scale
(Macro)
Small Wireless Micro-Scale Non-Broadcast Eligible Facility
Request
PLI P P A P A
M-2 P P A P A
M-1 P P A P A
B-P S P/S A P A
B-3C S P/S A P A
B-3 S P/S A P A
B-2 S P/S A P A
B-2M S P/S A P A
B-1 P P/S A P A
REMU S P/S A P A
NEHMU P P A P A
R-D S S A P A
R-C S S A P A
R-B S S P P A
R-A S S P P A
C. Special review requirements by type.
1. For small scalefacilities listed as "P/S" in the table above, special use
review is required when the proposed facility exceeds the height
limitation of the district.
2. Collocation upon a previously approved wireless facility, when such
additional facilities were contemplated as part of the original
review, must be reviewed as a sketch plan an eligible facilities
request in all zones.
3. A wireless facility may be permitted as an accessory use in any non-residential
district when:
It is for the exclusive use of a single on-site business when the business has
otherwise been
approved under 38.740 or 38.250, rather than offered to additional parties;
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It is in compliance with the maximum building height limitations of the
zoning district;
It complies with all setback and other zoning requirements; and
Has eight or less square feet of total antenna surface area.
4. Installations, other than an eligible facilities request, located within the
neighborhood conservation overlay district (NCOD) are subject to must be
reviewed against the criteria of 38.240.020 as applicable, and a certificate of
appropriateness is required before issuance of a building permit.
5. Prior to submitting an application for a large scale or small scale wireless facility,
the applicant
must complete a concept review per 38.740 with the community development
department. The
purpose of the concept review is to acquaint the participants with the
applicable requirements of this division, as well as with any preliminary
concerns the department may have.
6. The applicant's concept review submittal must include the following
information with regard to the proposed facility:
Location;
Overall height;
Number of antennas proposed, including those of other providers to be
collocated;
Type of wireless communication services to be provided; and
Coordination of ground equipment shelters.
75. Adequate review of applications may require the city to retain
consultants or other third party assistance to review an application. In such
event the applicant must reimburse the city for the actual costs incurred
prior to issuance of a building permit.
86. The provisions of 38.790 must apply for all nonconforming facilities subject to
this division.
97. A large scale wireless facility may be allowed in the R-A, R-B, R-C,
R-D and REMU districts by special use permit only when demonstrated
to be necessary to meet federal requirements for continuity of service in
an area.
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Section 4
Bozeman Municipal Code. Section 38.330.040 shall be amended as follows:
Sec. 38.330.040. - Standards.
A. Safety. All wireless facilities subject to this division must meet the following
standards:
1. The structural design for all wireless facilities greater than 10 feet in
height or which have more than four square feet of total antenna area must
be certified by a professional structural engineer licensed to practice in the
state. A building permit must be obtained prior to the installation of any
facility subject to this division.
2. All wireless facilities must meet or exceed current standards and
regulations of the FCC, FAA, and any other agency with the authority to
regulate wireless facilities. If such standards are changed, the owner must
modify the installation to comply with the new standards within six
months of the effective date of the new standards or regulations unless a
different implementation schedule is required by the issuing agency.
3. Wireless facilities with a base located at grade must be enclosed within
a secure fence not less than six feet in height, or the tower itself must
be equipped with an appropriate anti-climbing device.
B. Aesthetics.
1. All wireless facilities.
a. The provisions of this section may be waived by the review
authority as determined by 38.760 38.700 where it has been
demonstrated that the waiver will result in superior compliance
with the purposes of this chapter.
b. All installations must be as visually unobtrusive as is
feasible. Facilities and equipment mounted on existing
structures must be visually incorporated into the structure or
background by the use of architectural elements, color,
screening or other concealment methods.
c. No exterior lighting or lighted signage is permitted.
d. All structures must be constructed in conformance with the
standards of the city's technical codes adopted International
Building Code in Chapter 10 Article 2.
e. In addition to landscaping required by 38.540, vVisual screening of
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ground mounted equipment must be provided in all residential areas
and where a facility is located within a non-residential area which is
visible, from a viewpoint five feet above grade, from a residential area.
Screening must provide an opaque screen within 18 months of
establishment and be a minimum of four feet in height. The screening
may be of landscape materials or a an opaque fence which otherwise
complies with this chapter. Chain link fence with slats does not meet
the opacity requirement. The site must comply with the landscaping
provisions of article 5.
f. Exterior façade materials and the character of equipment shelters
compounds used in residential areas must be of materials
commonly used in the immediate area. The architectural design of
the exterior of the shelter must be compatible with surrounding
residential structures. The purpose of the requirements of this
subsection may be met by providing opaque fencing or other
visual screening compatible with the neighborhood, in compliance
with all other sections of this chapter, which will obscure the entire
equipment shelter compound. The screening must be in place prior
to the commencement of operations of the facility.
2. Preferences.
In order to justify the construction of a wireless structure, the applicant must
demonstrate that higher ranking alternatives in the following hierarchy, beginning
with subsection a.(1) below, do not constitute feasible alternatives. The order of
preference, from most preferred to least preferred and based on technical
feasibility, for new wireless facilities is:
a. Facility size.
(1) Micro-scale wireless facilities or collocation on existing large scale
wireless facilities;
(2) Small scalewireless facilities;
(3) Large scale wireless facilities 50 feet or less in height; and
(4) Large scale (Macro) wireless facilities in excess of 50 feet in height.
b. A facility meeting the definition of stealth concealed, as defined in
38.800.200, is always preferred over a facility of the same scope
which does not meet the definition of stealth concealed. Stealth
Concealed facilities may be required in historic districts and under
other circumstances.
c. As appropriate, the following evidence may also be submitted to
demonstrate compliance with this section:
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(1) That no existing wireless communications facility within
the search area meets the applicant's radio frequency
engineering or height requirements;
(2) That no structure within the search area has sufficient structural
strength to support the applicant's proposed antennas or antenna
arrays; or
(3) That there are other verifiable limiting factors that render
collocated or other more preferred options unsuitable or
unreasonable.
d. Self-supporting lattice or guyed structures are generally preferred over
monopoles.
3. Special standards. The following special standards apply as shown in Table
38.330.040-1:
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Table 38.330.040-1.
Zoning District Large Scale Small Wireless Micro-Scale Non-Broadcast Eligible Facility Request
PLI b b b - b
M-2 b b b - b
M-1 b b b - b
B-P c a, c b - b
B-3C c a, c b - b
B-3 c a, c b - b
B-2 c a, c b - b
B-2M c a, c b - b
B-1 c a, c b - b
REMU d a, c b - b
NEHMU b b b - b
R-D d a, c a, b - b
R-C d a, c a, b - b
R-B d a, c a, b - b
R-A d a, c a, b - b
Key: a = Stealth Concealed installation is required
b = Wireless facilities may exceed the maximum height of a
district but are subject to the limitations of this section
c = The height limitation of the district may be exceeded by
the least amount necessary to provide services, but only when service may not otherwise be provided by a less
intensivemore preferred facility as set forth above or an
alternative site
d = Only allowed when service may not be provided from
an alternative site or a less intensivemore preferred facility
installation or set of installations
4. Stealth Concealed.
a. Installations located within the conservation overlay district must be
stealthconcealed facilities.
b. A stealthconcealed wireless facility may exceed the height limitations of the
district by 10 feet.
5. Small scalewireless facilities. All small scalewireless facilities
established in the neighborhood conservation district must be installed
in such a way as to maintain the historic or architectural character of the
host site. All sites must maintain the least possible visual obtrusiveness.
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Figure 38.330.040-1. Small-scale wireless facilities.
6. Large scale wireless facilities.
No large scale wireless facility will be permitted unless the applicant
demonstrates that the proposed facility cannot be accommodated on an
existing structure or by placement of a smaller facility. In order to justify
the construction of a large wireless facility, the applicant must
demonstrate that higher ranking alternatives in the hierarchy, beginning
with 2.a.(1) above, do not constitute feasible alternatives. Such
demonstration must be made by submission of a statement of position,
qualifications and experience by a licensed radio frequency engineer; and
must address the required findings of this section.
a. If collocation is feasible, the owner of the large scale wireless
facility must certify in writing, prior to final permit approval, that
the owner will accept for collocation any FCC-licensed or
licensing exempt wireless communication provider using
compatible technology at reasonable and customary rates and
terms up to the structural capacity to accommodate additional
antennas and/or antenna arrays. Collocation may be denied based
on verifiable and substantial expectations of interference from
additional users. Later failure to comply with the requirements
supporting collocation may result in the revocation of city
approvals or other penalties stipulated by the municipal code as the
requirements of the titlechapter will have been violated.
b. The city must find the proposed guarantee, assurances or
provisions for the perpetual maintenance and for removal of an
abandoned large scale wireless facility to be adequate.
c. A large scale wireless facility must not either:
(1) Exceed 190150 feet in height; or
(2) When located east of the alignment of Church
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Avenue/Sourdough Road and west of the extended alignment of
Bozeman Trail Road/Arnica Drive;
Exceed 100 feet in height when its base elevation is greater than
4,800 feet;
Exceed 40 feet in height when its base elevation is above 4,850 feet;
Notwithstanding the provisions of (a) and (b), these
restrictions must not apply for those areas lying east of the
extended alignment of Bozeman Trail Road/Arnica Drive
and south of Interstate 90.
d. Where multiple service providers will be utilizing the same
ground area and/or support structure, a single structure
enclosed compound must be provided to house all ground
based equipment.
e. Special setbacks for large scale wireless facilities must be provided
and/or a design for internal structural collapse to avoid damage or
injury to adjoining property or users must be provided.
(1) Residential district and mixed-use district setbacks for a large
scale wireless facility must be 100 % of facility height, which
may be reduced to no less than 50 % upon the provision and
approval of an engineered design, stamped by a professional
structural engineer licensed to practice in the state, establishing a
smaller collapse area. utilizing breakpoint technology.
(2) A large scale wireless facility in non-residential zones must
provide a minimum setback from the property lines of 75 % of
facility height, which may be reduced to no less than 30 % of
facility height upon the provision and approval of an engineered
design, stamped by a professional structural engineer licensed to
practice in the state, establishing a smaller collapse area .utilizing
breakpoint technology. Large scale wireless facilities located
within non-residential zones, but adjacent to a residential zone or
residentially developed areas, must maintain a minimum setback
from residential zoning or property boundaries of at least 50 % of
facility height. All installations must maintain the minimum
zoning district setbacks per article 2.
f. New large scalemacro wireless facilities greater than 50 feet in height
must be designed in all respects to accommodate both the applicant's
antennas and antennas for at least two additional users. A new large
scalemacro wireless facility may meet this requirement by correctly
sizing the foundation and other structural elements to allow the future
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addition of height to the structure to accommodate additional users
rather than immediately constructing the entire large scalemacro
wireless facility. This requirement may be waived by the governing
bodyreview authority upon a showing of fact to overcome the
presumption that multiple transmitters are desirable on the proposed
facility.
g. All large scalemacro wireless facilities 50 feet or greater in height,
regardless of the zoning district in which the structure is located, must
be located at least one mile, measured in a straight line, from any
other large scalemacro wireless facility that is 50 feet or greater in
height. An exception to this requirement may be granted by the
approval bodyreview authority when it is found and factually
supported in the written record that the criteria of 6.i below are met
and a critical need exists for the proposed location to avoid service
gaps, or that a closer placement is desirable to advance the purpose of
this chapter.
h. A new large scalemacro wireless facility greater than 50 feet in
height mustmay only be approved when the applicant can
demonstrate in writing that no existing or approved micro-scale,
small scalewireless facility or large scale wireless facility within the
required separation distance of the proposed site can accommodate
the applicant's proposed antenna.
i. In addition to the other review criteria of this chapter, affirmative
findings for at least one of the following criteria items must be made
in order for the conditions necessary for approval to exist:
(1) No existing or proposed structures located within the
geographic area search ring are adequate to support the
proposed antennas are required to meet the applicant's
engineering and service requirements;
(2) Existing or approved structures are not of sufficient height to
meet the applicant's engineering and service requirements and
a combination of smaller scale facilities will not provide for
adequate service delivery;
(3) Existing or approved structures do not have sufficient
structural strength to support the applicant's proposed antenna
and related equipment and cannot be reinforced to provide
sufficient structural strength;
(4) The applicant's proposed antennas would cause electromagnetic
interference with the antenna on the existing or approved
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Wireless Facilities Ord. - Page 14 of 33 -
antenna support structures, or the antenna on the existing or
approved antenna support structures would cause interference
with the applicant's proposed antenna;
(5) Property owners' or owners of existing or approved wireless
facilities or locations for smaller scale installations are
unwilling to accommodate the applicant's needs; or
(6) The applicant demonstrates that there are other factual and
verifiable limiting factors that render existing or approved
wireless facilities unsuitable.
j. Height and number of users. A large scale wireless facility may be
reviewed as a multiple phase project and be constructed over time.
Prior to the approval of a final site plan, or a building permit if it
is a latter phase of a phased project, an applicant must provide:
(1) For the first 70 feet of tower height, for an applicant who is not a
wireless service provider, a copy of an executed lease from a
wireless service provider of not less than 12 months duration;
(2) For a height of greater than 70 feet and not more than 110 feet
of structure height, one additional executed lease;
(3) For a height greater than 110 feet, a second additional executed lease;
(4) Leases may be redacted to remove proprietary information but must
identify the parties.
Figure 38.330.040-2. Large-scale wireless facilities.
7. Eligible Facility Requests. An eligible facility request for collocation on
or modification of an existing tower or base station must demonstrate that
the proposed installation or modification will not constitute a “substantial
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change” as that term is defined in 38.800. Projects which are a “substantial
change” are reviewed as a new facility.
7. 8. Non-broadcast. A non-broadcast telecommunication facility located
within a B-1, B-2, B-2M, B-3 or B-3C district, a mixed-use district, the
neighborhood conservation overlay district or a residential zoning district
must be enclosed within a structure. The structure must be of materials
and architectural character compatible with the substantially similar to
adjacent properties. and comply with 38.520.060. The facility must
comply with all applicable side, front and rear setback setbacks.
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided.
The inventory must note the feasibility of accommodating other users.
The city may share this information with other applicants or interested
parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning
in MCA 76-2-402 does not apply to private entities utilizing publicly
owned lands.
3.2. Any antennas or antenna support structures not utilized for the
provision of wireless services for a continuous period of six months will
be considered abandoned. All facilities must be removed within six
months of the cessation of operations. If a facility is not removed within
six months the city may remove the facility at the facility or landowner's
expense. Where multiple users share a facility, the non-operational
antennas and associated ground-mounted equipment may be removed,
but any common equipment may be retained until all users have
terminated the utilization of the site.
4.3. Any emergency power supply or other equipment installed at the facility
must comply with 38.510.060.
5.4. No facilities which require employees to be present on a routine basis
may be established in residential areas, with the exception of periodic
maintenance activities, unless the zone allows offices and appropriate
review has been completed.
6.5. Failure to comply with the terms of this chapter is grounds for facilities
to be removed by action of the city at the facility or landowner's
expense.
7.6. Any modifications to existing wireless sites that do not meet the
definition of an eligible facility request” must only occur in
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compliance with the review procedures required in 38.330.030.
8. Denial of an application must be made only after the review body has
determined that specific criteria of this chapter cannot be met. Said
determination must be made in writing and must include the reasons
for the denial and the evidence which supports those reasons. Public
opposition alone is not sufficient to deny the application.
Section 5
That a new section of the Bozeman Municipal Code is adopted as follows:
Sec. 38.330.050. – Application Review Processes.
A. If this division is more restrictive than 38.740, this division controls. The
application processes of this section are governed by federal law.
B. Eligible Facility Request Applications.
1. Timeframe for review. Within sixty (60) calendar days of the date on
which an applicant submits an application for approval, the city shall
approve the application unless it denies the application.
2. Tolling of the timeline for review. The sixty (60) calendar day period
begins to run when the application is filed and may be tolled only by
mutual agreement or in the case where the city determines that the
application is incomplete.
3. The city must notify the applicant within thirty (30) calendar days of
submission, or within some other mutually agreed upon timeframe, if
the submission is incomplete.
4. Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured, would make the
application complete. The clock stops on the date the notice is sent to
the applicant.
5. The applicant may cure the deficiencies identified by the city and
resubmit the application for review. Any subsequent review shall be
limited to the deficiencies list in the prior denial.
6. The clock re-starts on the date of resubmission by the applicant. The
city shall, within ten (10) calendar days of resubmission, notify the
applicant of continuing deficiencies or the application will be deemed
complete. The timeline for a decision shall be likewise tolled during the
additional re-submission deficiency period until the 2nd resubmission.
Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the
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Wireless Facilities Ord. - Page 17 of 33 -
original notice of incompleteness.
7. Approval or denial of a complete application shall be in writing and
shall be delivered to the applicant by sixty (60) calendar days after the
initial submission, excluding tolling.
8. Failure to Act. In the event the city fails to approve or deny an eligible
facility request application within the timeframe for review (accounting
for any tolling), the request shall be deemed granted. The deemed
granted does not become effective until the applicant notifies the city in
writing after the review period has expired (accounting for any tolling)
that the application has been deemed granted.
C. Applications for Small Wireless Facilities outside a public right-of-way and
new collocation on any existing structure without wireless equipment or
collocation exceeding the definition of eligible facility request.
1. Timeframe for review. Within ninety (90) calendar days of the date on
which an applicant submits an application for approval, the city shall
approve or deny the application.
2. Tolling of the timeline for review. The ninety (90) calendar day period
begins to run when the application is filed and may be tolled only by
mutual agreement or in the case where the city determines that the
application is incomplete.
3. The city must notify the applicant within thirty (30) calendar days of
submission (or within some other mutually agreed upon timeframe) if
the submission is incomplete.
4. Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured, would make the
application complete. The clock stops on the date the notice is sent to
the applicant.
5. The applicant may cure the deficiencies identified by the city and
resubmit the application for review. Any subsequent review shall be
limited to the deficiencies list in the prior denial.
6. The clock re-starts on the date of resubmission by the applicant. The
city shall, within ten (10) calendar days of re-submission, notify the
applicant of continuing deficiencies or the application will be deemed
complete. The timeline for a decision shall be likewise tolled during the
additional re-submission deficiency period until the 2nd resubmission.
Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the
original notice of incompleteness.
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Wireless Facilities Ord. - Page 18 of 33 -
7. Approval or denial of a complete application shall be in writing and
shall be delivered to the applicant by ninety (90) calendar days after the
initial submission, excluding tolling.
8. Failure to Act. In the event the city fails to approve or deny an
application under this subsection within the timeframe for review, and
accounting for any tolling, the applicant shall have all remedies
available at law.
D. Large scale wireless facility.
1. The time frame for review. Within one hundred fifty (150) calendar
days of the date on which an applicant submits an application for
approval, the city shall approve or deny the application.
2. Tolling of the timeline for review. The one hundred fifty (150) calendar
day period begins to run when the application is filed and may be tolled
only by mutual agreement or in the cases where the city determines that
the application is incomplete.
3. The city must notify the applicant within thirty (30) calendar days of
submission, or within some other mutually agreed upon timeframe, if
the submission is incomplete.
4. Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured, would make the
application complete.
5. The timeline clock stops on the day after the date the city sends notice
of incompleteness to the applicant.
6. The applicant may cure the deficiencies identified by the city and
resubmit the application for review. Any subsequent review shall be
limited to the deficiencies list in the prior denial.
7. The clock re-starts on the date of resubmission by the applicant. The
city shall, within ten (10) calendar days of re-submission, notify the
applicant of continuing deficiencies or the application will be deemed
complete. The timeline for a decision shall be likewise tolled during the
additional re-submission deficiency period until the 2nd resubmission.
Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the
original notice of incompleteness.
8. Approval or denial of a complete application shall be in writing and
shall be delivered to the applicant by one hundred fifty (150) calendar
days after the initial submission, excluding any tolling period.
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Wireless Facilities Ord. - Page 19 of 33 -
9. Failure to Act. In the event the city fails to approve or deny an
application under this subsection within the timeframe for review
(accounting for any tolling), the applicant shall have all remedies
available at law.
Section 6
That a new section of the Bozeman Municipal Code is adopted as follows:
Sec. 38.330.060. – Exempt Wireless Facilities. The following wireless facilities
are exempt from the development standards of the chapter and only subject to the
issuance of a building permit and building code requirements, notwithstanding
any other provisions:
A. A government-owned wireless facility, upon the declaration of a state of
emergency by federal, state, or local government, and a written
determination of public necessity by the city, except that such facility must
comply with all federal and state requirements. No wireless facility shall
be exempt from the provisions of this division beyond the duration of the
state of emergency.
B. A government-owned wireless facility erected for the purposes of
installing antenna(s) and ancillary equipment necessary to provide
communications for public health and safety.
C. A temporary wireless facility, upon the declaration of a state of emergency
by federal, state, or local government, or determination of public necessity
by the city and approved by the city, except that such facility must comply
with all federal and state requirements. The wireless facility may be
exempt from the provisions of this division up to sixty (60) calendar days
after the duration of the state of emergency.
D. Over the air reception devices (“OTARD”) are exempt provided that same
do not require the construction of a tower or other structure, which height
exceeds 12 feet above the residential structure of the consumer who
desires to receive fixed wireless services, satellite transmissions, or over
the air reception of television signals.
E. Noncommercial, amateur radio towers or antennas which are less than 100
feet in height and attached to the rear or side of residential or commercial
structures or freestanding in an area directly behind the rear structural wall
of a residential or commercial structure. Noncommercial, amateur, ham
radio or citizen’s band towers, antennas or antenna arrays with heights
greater than 100 feet or not located directly behind the rear structural wall
of a residential or commercial structure, or attached to the rear or side of
residential or commercial structures shall be regulated in accordance with
this Section.
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Wireless Facilities Ord. - Page 20 of 33 -
Section 7
That a new section of the Bozeman Municipal Code is adopted as follows:
Sec. 38.330.070. – Fees; Supplemental Review
A. Applicants shall pay an application review fee to the city as set forth in
Section 38.700.140.
B. The city reserves the right to require a supplemental review for any
application submitted pursuant to this Section subject to the following:
1. Where due to the complexity of the methodology or analysis required to
review an application for a wireless facility, the city may require the
applicant to pay for a technical review by a third-party expert, the costs of
which shall be borne by the applicant and be in addition to other
applicable fees. Schedules of current supplemental review fees consistent
with applicable law are listed in the city Fee Schedule.
2. Based on the results of the supplemental technical review, the approving
authority may require changes to the applicant’s application or submittals.
3. The supplemental technical review may address any or all of the
following:
a. The accuracy and completeness of the application and any
accompanying documentation.
b. The applicability of analysis techniques and methodologies.
c. The validity of conclusions reached.
d. Whether the proposed wireless facility complies with the applicable
approval criteria set forth in these codes.
e. Other items deemed by the city to be relevant to determining whether a
proposed wireless facility complies with the provisions of these codes.
Section 8
Bozeman Municipal Code. Section 38.710.160 shall be repealed in its entirety and
replaced as follows:
Sec. 38.710.160. Submittal material for telecommunications
A. The following information must be submitted for review of wireless facilities
as applicable. Failure to provide required materials will result in a determination
that the application is incomplete, and the application will not be processed.
The table below identifies required submittal materials by facility scale.
Items marked ● Required, ○ Conditional / As Applicable, or — Not
Required. This table is intended for application completeness
determinations.
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Wireless Facilities Ord. - Page 21 of 33 -
Required Material Large Scale
(Macro)
Facilities
Small
Wireless
Facilities
Micro-Scale
Facilities
Eligible Facilities
Request (EFR)
Completed Application Form ● ● ● ●
Application & Review Fees ● ● ● ●
Narrative of Standards
Compliance (per 38.370.040) ● ● — —
Technical Justification for
Design, Location, Height, and
Placement/Location
● — — —
Technical Reason Collocation
is Not an Option ● — — —
Photo Simulations ● ● — —
Landowner Authorization
Letter ● ● ● ●
Proof of Ownership/Lease/
Consent ● ● ● ●
If Applicable, Statement of
FCC Exemption from
Environmental Review (with
citation and details)
● ● ● ●
Boundary & Topographic
Survey (Sealed) ● ● — —
Existing Conditions Photos ● — — ●
Site Plan/Construction
Drawings (including ground
equipment layout and
dimensions, facility elevation,
facility height, concealment,
landscape, screening, fall-zone,
set back, fencing, signage)
● ● ● ●
Landscape & Screening Plan ● ● — —
Structural (Design) Analysis
(PE Sealed) (as set forth by the
building department and latest
codes)
● ● ● ●
Foundation Design ● — — —
Antenna Mount Analysis ● — — ●
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Wireless Facilities Ord. - Page 22 of 33 -
Collocation Capacity
Certification and Statement of
Willingness to Allow
Collocation at Reasonable
Rates to all Providers
● — — —
Engineering Statement
Collocation Requirements are
Met (per 38.330.040.B)
● — — —
Redacted tenant lease(s) for
initial tenant and all
collocations
● ● — —
RF Statement of Need ● ● — —
RF Propagation Maps ● ● — —
Geographic Search Ring Map ● — — —
Inventory of Applicant’s Sites ● ● — —
Inventory of Surrounding
Buildings or Structures
(greater than 50’ within one-
mile radius)
● — — —
FCC RF Emissions
Compliance Statement/Report ● ● ● ●
FCC RF Interference
Compliance Statement ● ● ● ●
FAA Determination No Hazard
(Form 7460-1) ● — — —
NEPA / SHPO Documentation ● ○ — —
Floodplain / Wetlands
Documentation ○ ○ — —
Visual Impact Analysis ● ○ — —
Right-of-Way Permit (if
applicable) ○ ● ○ —
Utility Coordination Letters ○ ○ — —
Traffic / Mont. Dept.
Transportation Plan ○ ○ — —
Address List & Mailing
Envelopes per 38.730.020 ● ○ — —
Abandonment & Removal Plan ● ○ — —
Maintenance & Access Plan ● ● ● ●
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Wireless Facilities Ord. - Page 23 of 33 -
Emergency Contact
Information
● ● ● ●
Notes:
● Required = must be submitted for application completeness
○ Conditional = required when applicable based on location, zoning, or facility design
— Not Required = not applicable for this facility scale
B. Prior to submitting an application for a large scale, or small wireless facility, the applicant
must complete a concept review per 38.740 with the community development department. The
purpose of the concept review is to acquaint the participants with the applicable requirements of
this division 38.330, as well as with any preliminary concerns the department may have.
C. The applicant's concept review submittal must include the following information in addition
to the materials required by 38.710.190 with regard to the proposed facility:
1. Overall height;
2. Number of antennas and antenna arrays proposed, including those of other providers to
be collocated;
3. Type of wireless communication services to be provided; and
4. Design and coordination of ground equipment compounds.
Section 9
Bozeman Municipal Code Section 38.800 shall be amended as specified in Exhibit A to this
Ordinance. Exhibit A shall not be codified and is attached to this Ordinance solely for legislative
purposes.
Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Wireless Facilities Ord. - Page 24 of 33 -
Section 11
Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties
that were incurred or proceedings that were begun before the effective date of this ordinance. All
other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in
full force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
Sections 1 through 4 shall be amended and codified as indicated in this Ordinance. Sections
5 through 7 of this Ordinance shall be codified and included as new sections in the Bozeman
Municipal Code.
Section 14
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
JOEY MORRISON
Mayor ATTEST:
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Wireless Facilities Ord. - Page 25 of 33 -
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is ____________, 20__.
________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
29
Wireless Facilities Ord. - Page 26 of 33 -
Ord. XXXX
Exhibit A: Bozeman Municipal Code Section 38.800 - Definitions
*NOT FOR CODIFICATION – FOR LEGISTLATIVE PURPOSES ONLY*
A DEFINITIONS Amateur Radio Tower. A tower used exclusively for non-commercial
amateur radio transmissions consistent with the "Complete FCC U.S.
Amateur Part 97 Rules and Regulations" for amateur radio towers not to
exceed 100 feet in height.
Antenna. One or more rods, panels, discs or similar devices used for the
transmission or reception of radio frequency signals, which may include omni-
directional antenna (rod), directional antenna (panel) and parabolic antenna
(disc).Any apparatus designed for the transmitting and/or receiving of
electromagnetic waves, including telephonic, radio or television
communications. Types of elements include omnidirectional (whip) antennas,
sectionalized (panel) antennas, wireline antennas, multi or single bay (FM and
TV), yagi, or parabolic (dish) antennas.
Antenna array. A single antenna or group of antenna elements 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
electromagnetic waves.
B DEFINITIONS Base station. Equipment and non-tower supporting structure at a fixed location
that enable wireless telecommunications between user equipment and a
communications network. Examples include transmission equipment mounted
on a rooftop, water tank, silo or other aboveground structure other than a tower.
The term does not encompass a "tower" as defined herein or any equipment
associated with a tower. "Base station" includes, but is not limited to:
Equipment associated with wireless telecommunications services such as
private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul;
Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including distributed antenna systems (das) and small cell
networks); and
Any structure other than a tower that, at the time the application is filed,
supports or houses equipment described in this definition that has been
reviewed and approved under the applicable zoning or siting process, or under
30
Wireless Facilities Ord. - Page 27 of 33 -
another City regulatory review process, even if the structure was not built for
the sole or primary purpose of providing such support.
"Base station" does not include any structure that, at the time the application is
filed under this section, does not support or house wireless communication
equipment.
Breakpoint technology. The engineering design of a monopole, or any
applicable support structure, wherein a specified point on the monopole is
designed to have stresses concentrated so that the point is at least five percent
more susceptible to failure than any other point along the monopole so that in
the event of a structural failure of the monopole, the failure will occur at the
breakpoint rather than at the base plate, anchor bolts, or any other point on the
monopole.
C DEFINITIONS Collocation. The mounting or installation of transmission equipment on an
eligible support structure for the purposes of transmitting and/or receiving
radio frequency signals for communications purposes so that installation of a
new support structure will not be required. The placement of an antenna by
two or more wireless service providers on a common antenna-supporting
structure, or the addition or replacement of antennas on an existing structure.
The term "collocation" does not include roof-mounted or surface-mounted
wireless facilities or the placement of other antenna on an amateur radio
tower antenna.
Concealed. A tower, ancillary structure, or equipment compound that is not
readily identifiable as a wireless facility and that is designed to be aesthetically
compatible with existing and proposed building(s) and uses on a site or in the
neighborhood or area, in a manner acceptable to the City.
There are two types of concealed facilities: a) antenna attachments, including
faux windows, dormers or other architectural features that blend with an
existing or proposed building or structure and b) a freestanding concealed tower
which looks like something else that is common in the geographic region such
as a church steeple, windmill, bell tower, clock tower, light standard, flagpole
with a flag that is proportional in size to the height and girth of the tower, or
tree that grows naturally or is commonly found in the area.
E DEFINITIONS Eligible facilities request. 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: (i) collocation of
new transmission equipment; (ii) removal of transmission equipment; or
(iii) replacement of transmission equipment.
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Wireless Facilities Ord. - Page 28 of 33 -
Eligible facility. Existing wireless tower or base station that has been
approved through a local government land use review process prescribed
for the tower or base station.
Equipment compound. The fenced-in area surrounding, inside or under a
ground based wireless communication facility containing ancillary structures
and equipment, such as cabinets, shelters, pedestals and generators, necessary
to operate a wireless facility that is above the base flood elevation.
Existing wireless facility. A constructed tower or base station is "existing"
for purposes of this chapter if it has been reviewed and approved under an
applicable City land use review process. "Existing" also includes a tower
that was lawfully constructed but not reviewed because it was not in a
zoned area when it was built.
G DEFINITIONS Geographic search ring. An area designated by a wireless provider or
operator for a new wireless facility, produced in accordance with generally
accepted principles of wireless engineering.
H DEFINITIONSS Height of wireless facility. For placement of a wireless facility on an existing
structure, the height is measured from the base of the wireless facility to the
highest point of the wireless facility, including any antenna, lighting rod, or
other equipment affixed thereto.
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Wireless Facilities Ord. - Page 29 of 33 -
L DEFINITIONS Large scale wireless facility. A wireless facility 25 feet or greater in height
from the base to the highest point including attachments. Examples of
supporting structures are monopoles, self-supporting (lattice) towers, guy-wire
supported towers and other similar structures. When calculating the height of a
facility, other structures designed for other uses such as buildings or water
towers may not be included in the calculation.
M
DEFINITIONS
Macro wireless facility. A large scale wireless facility in excess of 50 feet in
height.
Micro-scale wireless facility. A small wireless facility that is (i) not larger in
dimension than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, not longer than 11 inches and (ii) is
mounted on a structure less than 10 feet in height from the base to the highest
point, including attachments. When calculating the height of a facility, other
structures designed for other uses, such as buildings or water towers, may not
be included in the calculation.
Modification to existing wireless facility. The addition, removal or change of
any components to an existing wireless facility, including equipment
compound.
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Wireless Facilities Ord. - Page 30 of 33 -
O
DEFINITIONS
OTARD. Over the air wireless receive-only devices which are limited to
either a "dish" antenna one meter (1 m) (39.37 in) or less in diameter
designed to receive direct broadcast satellite service, including direct to
home satellite service, or to receive or transmit fixed wireless signals via
satellite, or an antenna that is one meter (1 m) or less in diameter and is
designed to receive video programming services via broadband radio
service (wireless cable), or to receive or transmit fixed wireless signals
other than via satellite or an antenna that is designed to receive local
television broadcast signals.
R DEFINITIONS Radio frequency. Electromagnetic waves in the spectrum from about 3 kHz to
300 GHz used for wireless communications.
Replacement of wireless facility. A modification of an existing tower to
increase the height, or to improve its integrity, by replacing or removing one or
several tower(s) located in proximity to a proposed new tower in order to
encourage compliance with the Zoning Ordinance, or improve aesthetics or
functionality of the overall wireless network.
S DEFINITIONS Small-scale wireless facility. Small wireless facilities are wireless facilities that
meet each of the following conditions:
(1) The facilities are mounted on structures 50 feet or less in height
including their antennas; or are mounted on structures no more than 10
percent taller than other adjacent structures; or do not extend existing
structures on which they are located to a height of more than 50 feet or by
more than 10 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 28 cubic feet in
volume;
(4) The facilities do not require antenna structure registration under FCC
Rules;
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in 47 CFR
1.1307(b).
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Wireless Facilities Ord. - Page 31 of 33 -
Figure 38.800.200-1. Small wireless facilities.
A wireless facility less than 25 feet in height from the base to the highest
point including attachments. Examples of supporting structures are
monopoles, self-supporting (lattice) towers, guy-wire supported towers and
other similar structures. When calculating the height of a facility, other
structures designed for other uses such as buildings or water towers may
not be included in the calculation. This definition excludes those facilities
meeting the definition of a micro-scale wireless facility.
Stealth or camouflaged. Placement of a wireless facility in such a way that
it may not be discerned as being separate from the principal use of a site.
This may be accomplished through visual screening, use of color or
encasement of the facility within an existing structure such as a steeple. A
stealth installation may also include the placement of a new structure to
contain the facility so long as the new structure complies with the height,
setback and other requirements of the zoning code or is otherwise exempt
from those requirements.
Substantial change to wireless facility. A wireless facility modification that
changes the dimensions of an existing wireless facility is a substantial change
if:
1. For towers other than towers in the public rights-of-way, it increases the
height of the tower by more than 10% 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 facilities, it increases the height of the structure by more than
10% or more than ten feet, whichever is greater; Changes in height
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Wireless Facilities Ord. - Page 32 of 33 -
should 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 tower or base station, inclusive of originally
approved appurtenances and any modifications that were previously
approved;
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 facilities, 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 facility, 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 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside of the current site,
except that, for towers other than towers in the public rights-of-way, it
entails any excavation or deployment of transmission equipment outside
of the current site by more than 30 feet in any direction. The site
boundary from which the 30 feet is measured excludes any access or
utility easements currently related to the site;
5. It would defeat the existing concealment elements of the eligible
facility; or
6. It does not comply with conditions associated with the prior siting
approval of the construction or modification of the tower 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 subsection (1) through (5) above.
U DEFINITIONS Utility Pole. Any pole or structure designed to maintain or used for the purpose
of lines, cables, or wires for communications or electrical service purposes or
street lighting/signals.
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Wireless Facilities Ord. - Page 33 of 33 -
W
DEFINITIONS
Wireless facility. An unstaffed tower or base station facility used for the
transmission or reception of radio frequency (RF), microwave or other signals
for commercial communications purposes, as further defined in 47 USC
Section 332(c)(7)(C)(ii), as amended and as interpreted under federal law,
typically consisting of an equipment enclosure, an antenna support structure
and one or more antennae. This definition excludes amateur radios towers,
Essential Services (Type I), OTARD satellite earth stations and private receive-
only antennae, such as for the reception of television signals.
Wireless tower. Any support structure built for the primary purpose of
supporting any antennas and associated facilities for commercial, private,
broadcast, microwave, public, public safety, licensed or unlicensed, or fixed or
wireless services. A tower may be concealed or non-concealed. Non-concealed
towers include:
1. Guyed: A style of tower consisting of a single truss assembly composed
of sections with bracing incorporated. The sections are attached to each
other, and the assembly is attached to a foundation and supported by a
series of wires that are connected to anchors placed in the ground or on
a building.
2. Lattice: A self-supporting tapered style of tower that consists of vertical
and horizontal supports with multiple legs and cross bracing, and metal
crossed strips or bars to support antennas.
3. Monopole: A style of freestanding tower consisting of a single shaft
usually composed of two or more hollow sections that are in turn
attached to a foundation. This type of tower is designed to support itself
without the use of guywires or other stabilization devices. These
facilities are mounted to a foundation that rests on or in the ground or
on a building's roof. All feed lines shall be installed within the shaft of
the structure.
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26074 Staff Report for the City of Bozeman Wireless Facilities Ordinance
Public Hearings:
Community Development Board – June 1, 2026
City Commission – June 16, 2026
Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to revise
the regulation of wireless facilities in compliance with federal regulations.
Project Location: Revisions to the text are applicable city-wide in all zoning districts per
Chapter 38 – Unified Development Code (UDC).
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 26074 and move to
recommend approval of the amendments.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 26074, and move to provisionally adopt
the ordinance.
Report: May 26, 2026
Staff Contact: Jennifer Giuttari, Assistant City Attorney
Bailey Minnich, Development Review Planner
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 3
Project Summary ................................................................................................................. 3
Unresolved Issues ............................................................................................................... 3
Public Comment.................................................................................................................. 4
Community Development Board ........................................................................................ 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .... 4
Section 76-25-304, MCA Zoning Regulations Criteria (2.c-2.d) ....................................... 5
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 10
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF .................... 10
FISCAL EFFECTS ................................................................................................................. 10
ATTACHMENTS ................................................................................................................... 10
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EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City adopted the present code structure of telecommunication regulations in 1998 to
respond to changes in federal law. In adopting these local laws, the City understands that it
has a duty to protect the public health, safety, and welfare. The City recognizes that this duty
must be considered when it regulates the placement, construction, and modification of
wireless facilities. The City’s local government authority to regulate wireless facilities is
governed by the federal Telecommunications Act of 1996 which substantially preempts local
control of telecommunication regulations. Because of the technical nature of
telecommunications law, the City sought out a consultant who specializes in wireless and
telecommunications law so the City can ensure that it provides and issues clear and
consistent regulations and standards for wireless and telecommunication facilities that are
consistent with federal mandates.
The City published a request for proposals on November 23rd and December 7th, 2024,
seeking firms and individuals who could provide expert consultation and advice on creating a
revised wireless facilities/telecommunications ordinance and general telecommunications
permitting processes. On March 11, 2025, the City Commission authorized the City Manager
to sign a PSA with the selected firm, CityScape Consultants Inc., for legal services to assist
with the previously stated objectives.
The City understood that, in consideration of the selected consultant's direction and advice,
this update may include modifications to its telecommunication and wireless facilities code.
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 evolving federal law. 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
(attached as Exhibit A), Section 38.710.160 Submittal Materials for Telecommunications
(attached as Exhibit B), and Division 38.800 Definitions (attached as Exhibit C). The full
details of the text amendment are provided in the attached Ordinance. As proposed, project
applicants subject to the City’s plan review process will be required to demonstrate
compliance with the updated standards and processes.
Unresolved Issues
None.
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Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No public comment has been provided as
of the date this report was written.
Community Development Board
The Community Development Board (CDB) will make a recommendation to the City
Commission after conducting their public hearing, considering the draft document and public
comments, and reviewing the required criteria for decision.
Alternatives
1. Adopt the ordinance as presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinance; or
4. Request additional information and continue discussion on the ordinance.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Planning Commission will hold a
public hearing on June 1, 2026, at 6 pm.
The City Commission will hold a public hearing on the text amendment on June 16, 2026, at
6:00 p.m. and decide whether the proposed amendments should be adopted or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
ZONING
Federal Law – The Telecommunications Act of 1996 (“TCA”) is a federal law that strictly
dictates how local governments regulate telecommunication and wireless facilities. Since the
passage of the TCA, various other federal legislation and rulings from the Federal
Communications Commission have also been enacted. Thus, in addition to the TCA, local
governments are also required to adhere to these additional laws when regulating
telecommunications and wireless facilities. This vast body of law imposes specific restrictions
and conditions on local governments, and establishes strict application and review procedures
and timelines for wireless facility applications that local governments must follow. Staff and the
Consultant find that the draft ordinance as proposed is consistent with the federal requirements
for review and regulation of wireless facilities.
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State Law - In considering applications for amendment approval under this title, the advisory
boards and City Commission must consider the following criteria per MCA 76-25-304.2.c-2.d.
As an amendment is a legislative action, the Commission has broad latitude to determine a policy
direction.
A zone text amendment must be in accordance with the land use plan (criteria 2.c), accommodate
needed housing types (criteria 2.c.i), contain five or more specific strategies to encourage
development of housing (criteria 2.c.ii), reflect allowable uses and densities adequate to be
served by public services (criteria 2.c.iii), allow sufficient area for existing, new or expanding
commercial and industrial uses (criteria 2.c.iv), protect, minimize or avoid impacts and dangers
to the natural environment (criteria 2.c.v-2.c.vii), and preliminary determine whether the
amendment results in new or increased impacts to local facilities, services, natural resources,
natural environment, or natural hazards previously analyzed in the assessment of the land use
plan. Therefore, to approve a zone text amendment, the Commission must find that Criteria 2.c-
2.d are met.
Local Law – In determining whether the criteria and guidelines under state law are met, Staff
considers the entire body of plans and regulations for land use and development. Standards
which prevent or mitigate negative impacts are incorporated throughout the entire municipal
code but are principally in Chapter 38, Unified Development Code. Division 38.770 of the UDC
contains the process for completing text amendments and references the specific criteria of MCA
76-25-304(2) listed previously. The proposed text amendment follows all public hearing and
notice requirements outlined within BMC 38.770.030.
The existing municipal code provisions regulating wireless facilities were, at the time of
adoption, found to satisfy all the required criteria. As such, the focus of this report is only on the
amendments proposed. Unless shown as being edited in the draft ordinance, all existing
standards stay as currently adopted. Where a finding of neutral is presented, it represents that the
criteria or guideline has been considered and the change does not materially advance or detract
from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-25-304, MCA Zoning Regulations Criteria
Zoning regulations must:
2.c. Be in substantial compliance with the land use plan.
Yes, the criterion is met. The proposed amendments are in conformance with the growth
policy. As the growth policy provides a high-level vision of how a community hopes to
develop over time, it does not dictate uses or specific standards to the level of detail
contained in this ordinance. However, it does identify issues and priorities for consideration
with specific goals and objectives that are desired outcomes.
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The Bozeman Community Plan 2025 (BCP2025), adopted in November 2025, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns.
The following relevant goals and objectives included in the BCP2025 are supported by the
proposed amendments. As such, the draft ordinance includes specific standards that are in
accordance with the BCP2025 and referenced below.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
• The proposed amendments are a result of updates to federal regulations which
include best practices, new approaches, and advanced techniques from the
wireless communication industry. During the development of the proposed
ordinance, the City engaged with a professional consultant, experts in the field of
wireless facilities, to ensure the ordinance reflects the changing technology and
remains relevant and practical to Bozeman’s circumstances. The proposed
amendments provide clear and consistent regulations and standards for wireless
and telecommunication facilities.
DCD-4.2: Continuously invite and give due consideration to the input of design and
development professionals in the improvement of the city’s project evaluation processes
and development code.
• The proposed amendments were developed and refined by engaging with industry
professionals who are well educated on the impacts of the changes in federal
regulations and able to provide suggestions to improve the City’s development
standards and permitting process. Based on their recommendation for compliance
with federal regulations, the proposed amendments include a new separate
process for Eligible Facility Requests if compliant with required standards.
EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
• Wireless communications are a necessary requirement for the development of a
thriving economic center in the current modern world. Advances in
telecommunication technologies, preferences, and remote work possibilities make
standards for wireless facilities an important aspect of Bozeman’s zoning
regulations. The proposed regulations enable rapid deployment of changing
technologies with minimized impacts on existing users by creating simplified
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review processes for smaller facilities. Emerging technologies focus on higher
density use in smaller areas so placement is more frequent but usually shorter and
less visually obtrusive.
EE-1.5 Support expansion of current and emerging infrastructure technologies including
fiber optic service and other communication infrastructure.
• The proposed amendments are an implementation of the federal communication
regulations and support both current and emerging communication infrastructure
within Bozeman’s city limits. 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.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change land use designations or zoning district boundaries. Therefore, no
analysis of correspondence to the future land use map is provided.
2.c.i. Accommodates the projected needed housing types identified in 76-25-206.
Neutral. The proposed amendments to the wireless facilities standards do not apply to this
criterion. The City’s standards regarding accommodating housing types are established
through the City’s zoning districts, which are not changed with these amendments. The
proposed wireless facilities standards are intended to ensure the City properly regulates 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 City of
Bozeman’s Unified Development Code adopted in December 2025 was, at the time of
adoption, found to satisfy the required criteria.
2.c.ii. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Neutral. The proposed amendments to the wireless facilities standards do not apply to this
criterion. As previously described, the proposed amendments are to bring the City’s
telecommunication standards into compliance with federal regulations. Modifications to
standards related to the development of housing within the jurisdiction are not proposed with
this update. The recent adoption of the City of Bozeman’s Unified Development Code in
December 2025 was, at the time of adoption, found to satisfy the required criteria.
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2.c.iii. Reflects allowable uses and densities in areas that may be adequately served
by public safety, emergency, utility, transportation, education, and any other local
facilities or services identified by the local government in 76-25-207.
Criteria is met. Standards for the provision of municipal transportation, sewerage, schools,
parks, and other public requirements are not being altered with this ordinance. 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. No changes to the
specific types of wireless facilities permitted within each zoning district are proposed with
this amendment.
Initial contact with emergency services is often through the 911 system serviced by wireless
facilities. The updated regulations provide for coverage throughout the community to ensure
the availability of emergency communications.
2.c.iv. Allows sufficient area for existing, new, or expanding commercial, industrial,
and institutional enterprises the local government has identified in 76-25-208 for
targeted economic growth in the jurisdiction.
Yes, the criterion is met. The proposed wireless facilities standards are intended to ensure the
City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law, FCC rulings, and case law updates. Wireless communications are an
important requirement for the development of a thriving economic center. Advances in
telecommunication technologies, preferences, remote work, as well as public health and
safety for emergency communications, make standards for wireless facilities an important
aspect of Bozeman’s zoning regulations. The existing municipal code provisions regulating
wireless facilities were, at the time of adoption, found to satisfy the required criteria, and
therefore, the standard continues to be met. The updated regulations further support
collocation on existing structures which facilitates the provision of telecommunication
services within employment areas.
2.c.v. Protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209.
Neutral. Standards for the protection of the ability to develop natural resources are not being
altered with this ordinance. The proposed wireless facilities standards are intended to ensure
the City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law. No changes to the specific types of wireless facilities permitted within
each zoning district are proposed with this amendment. Additionally, the existing municipal
code provisions regulating wireless facilities identify specific permitting processes for the
modification of existing telecommunication facilities or the establishment of new facilities.
Any new facilities must be reviewed in compliance with all City regulations including the
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wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman
Municipal Code. Impacts to the natural resource area are addressed at the time of site-
specific development review. The standards listed within BMC 38.610 and 38.620 are not
being changed with the proposed amendments and therefore, this criterion continues to be
met.
2.c.vi. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
Yes, this criterion is met. Standards for the protection of natural resources are not being
altered with this ordinance. The proposed wireless facilities standards are intended to ensure
the City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law. Impacts to the natural resource area are addressed at the time of site-
specific development review through an associated planning application and/or building
permitting process. The existing municipal code provisions regulating wireless facilities
identify specific permitting processes which must be reviewed in compliance with all City
regulations, including the wetland and watercourse standards in Divisions 38.610 and 38.620
of the Bozeman Municipal Code. The standards listed within BMC 38.610 and 38.620 are
not being changed with the proposed amendments and therefore, this criterion continues to be
met.
2.c.vii. Avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209.
Yes, the criterion is met. The recent adoption of the City of Bozeman’s Unified Development
Code in December 2025 was, at the time of adoption, found to satisfy the required criteria.
The proposed amendments to the wireless facilities standards are intended to comply with all
applicable federal and state laws regarding telecommunication services. No changes are
proposed to the City regulations regarding the natural environment or natural hazards,
specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards, or BMC
38.600 Floodplain Regulations. Potential dangers associated with natural hazards are
identified and addressed at the time of site-specific development review through an
associated planning application and/or building permitting process. Enabling the provision of
adequate wireless services can facilitate the dispatch of emergency services to respond to
hazards such as wildfire or human/animal conflict.
2.d. Preliminarily determine whether the proposed zoning regulation, map, or
amendment results in new or increased impacts to or from local facilities, services,
natural resources, natural environment, or natural hazards from those previously
described and analyzed in the assessment conducted for the land use plan.
Yes, this criterion is met. The proposed amendments do not result in new or increased
impacts to local facilities or services, natural resources, natural environments or natural
hazards. The recent adoption of the City of Bozeman’s Unified Development Code in
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December 2025 was, at the time of adoption, found to satisfy the required criteria. As
previously stated, the proposed wireless facilities standards are intended to ensure the City is
properly regulating wireless and telecommunication facilities, in compliance with federal and
state law, FCC rulings, and case law updates. The Federal Communications Commission
retains all authority to review any safety issues related to emissions from wireless facilities.
The City is preempted from considering this issue. Therefore, considering the code as a
whole, the standards listed in this criterion are not being changed with these amendments and
therefore the standard continues to be met.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of BMC 38.730. Notice was published
in the Bozeman Daily Chronicle on 5/2/2026, 5/9/2026, and 5/30/2026. These notices contain
all required elements. Notice was provided at least 15 business days before the public hearing
conducted by the Community Development Board in their capacity as the Planning
Commission, and not more than 45 days prior to the City Commission public hearing.
No public comments have been received as of the date this report was written.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: City Attorney & Community Development, City of Bozeman, PO Box
1230, Bozeman, MT 59771
Report By: Jennifer Giuttari, Assistant City Attorney
Bailey Minnich, Development Review Planner
FISCAL EFFECTS
None at this time related to this Amendment.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-
information-portal, select the “Project Documents Folder” link and navigate to application
26074.
Project documents are available at this direct link to the public Laserfiche archive for
application 26074 with direct links to individual documents provided below:
Draft Ordinance XXXX – Wireless & Telecommunication Ordinance
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Exhibit A - Division 38.330 Wireless Facilities
Exhibit B - Section 38.710.160 Submittal Materials for Telecommunications
Exhibit C - Division 38.800 Definitions
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Upcoming Items for the June 15, 2026, Community Development Board
Meeting Agenda
MEETING DATE:June 1, 2026
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The following items are presently scheduled for the June 15, 2026,
Community Development Board meeting:
1. Application 26307, UDC Housekeeping Text Amendment - Legacy Type 2
Short Term Rentals and B-3 Parking post Oct 1, 2026.
Comment related to these items may be submitted at
comments@bozeman.net. No discussion or action will be taken until May
18, 2026.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:N/A
FISCAL EFFECTS:No budgeted funds are expended with this item.
Report compiled on: May 20, 2026
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