HomeMy WebLinkAboutCC Telecomm Ord. PresentationJennifer A. Giuttari, Asst. City Attorney
June 16, 2026
Changes to the Bozeman Municipal Code ~
Wireless Facilities
(found at 38.330 BMC)
Text Amendment to the Bozeman Municipal Code
•Local governments have an interest in regulating the location, placement, dimensions, & design of telecommunication facilities
BMC balances the need for new facilities with the impacts on the community
•Federal legislation & Federal Communications Commission (“FCC”) rulings are the primary regulating authorities
PURPOSE
ENSURE COMPLIANCE WITH FEDERAL LAW
•Present wireless code adopted in 1998 in response
to changes in federal law
•Proposed standards are intended to ensure City is
properly regulating location, placement, dimension,
& design
Consultants retained in March 2025
BACKGROUND
Technical & Specialized Expertise Required
•Three public notices of the amendments published
•Staff Report found application meets applicable
criteria for approval
•June 1, 2026: Planning Commission recommended
approval with amended language to one subsection
BACKGROUND
Procedural Requirements
Be in substantial compliance with the land use plan
Reflects allowable uses and densities 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
Allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local governments has identified in 76-25-208 for target economic growth in the jurisdiction
Minimizes or avoids impacts to the natural environment within the area as identified in 76-25-209
Avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209
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
STAFF REPORT
MCA § 76-25-304: Met Criteria
Adoption & Amendment of Zoning Regulations
o Allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local governments has identified in 76-25-208 for target economic growth in the jurisdiction
o Accommodates the projected needed housing types identified in MCA 76-25-206
o Contains 5 or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction
o Protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209
STAFF REPORT
MCA § 76-25-304: Neutral Criteria
Adoption & Amendment of Zoning Regulations
•Application review processes: new Sec. 38.330.050 (federally mandated)
•Exempt Wireless Facilities: new Sec. 38.330.060 (federally mandated)
•Submittal Materials: revised Sec. 38.710.160 (updated to include federal mandates)
Summary of Key Proposed Amendments
3 Key Changes
•Federally-mandated shot clocks for the following
facilities:
Eligible Facilities Requests
Small Wireless Facilities
Large Wireless Facilities
Summary of Key Proposed Amendments
Sec. 38.330.050 – Application review processes.
•List of federally-mandated facilities that are exempt
from City’s regulations, including but not limited to:
5 exempted categories e.g. –
o Government-owned facilities for public health & safety
o Temporary facilities erected during a state of emergency
Summary of Key Proposed Amendments
Sec. 38.330.060 – Exempt Wireless Facilities
•Submittal materials depend on type of wireless
facility
•Categories of submittal materials:
Administrative (application form & fees)
Legal (local and federal)
Design & Technical (e.g. site plans, engineering
statements, & technical justifications)
Summary of Key Proposed Amendments
Sec. 38.710.160 – Submittal Materials
Sec. 38.330.040.B.1.f: Exterior façade materials and the character of equipment shelters compounds used in residential areas must be of architectural materials of similar appearance as those 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
Consideration of Planning Commission
MCA § 76-25-304:
Planning Commission Recommendation
Having reviewed and considered the staff report, draft
ordinance, public comment, recommendation from the
Community Development Board, acting in their capacity
as the Planning Commission, and all the information
presented, I hereby adopt the findings presented in the
staff report for application 26074 and move to
provisionally adopt the ordinance.
Next Steps
Proposed Motion