HomeMy WebLinkAbout26- Ordinances 2026-04 - AMENDING DIVISION 38.330 WIRELESS FACILITIES, SECTION 38.710.160 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS, AND DIVISIO
Wireless Facilities Ord. 2026-04 - Page 1 of 32 -
ORDINANCE 2026-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING
DIVISION 38.330 WIRELESS FACILITIES, SECTION 38.710.160 SUBMITTAL MATERIALS FOR
TELECOMMUNICATIONS, AND DIVISION 38.800 DEFINITIONS, APPLICATION 26074
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; and
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WHEREAS, during the June 16, 2026 City Commission meeting, the Commission
considered the staff presentation, the Planning Commission's vote, the staff report, and proposed
ordinance, and voted unanimously to adopt the ordinance with the Planning Commission's
recommended changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
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
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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;
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.
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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, 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:
a. It is for the exclusive use of a single on-site business when the business has
otherwise been
Review procedures. Uses:
P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
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approved under 38.740or 38.250, rather than offered to additional parties;
b. It is in compliance with the maximum building height limitations of the
zoning district;
c. It complies with all setback and other zoning requirements; and
d. 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:
a. Location;
b. Overall height;
c. Number of antennas proposed, including those of other providers to be
collocated;
d. Type of wireless communication services to be provided; and
e. 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.
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
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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
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.
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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.
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:
(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
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monopoles.
3. Special standards. The following special standards apply as shown in Table
38.330.040-1:
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.
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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.
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
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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
Avenue/Sourdough Road and west of the extended alignment
of Bozeman Trail Road/Arnica Drive;
(a) Exceed 100 feet in height when its base elevation is greater than
4,800 feet;
(b) Exceed 40 feet in height when its base elevation is above 4,850 feet;
(c) 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
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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 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;
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(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 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.
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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 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
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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
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.
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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
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.
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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.
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
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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.
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
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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.
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
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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.
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 ● ● ● ●
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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 ● — — ●
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 ● — — —
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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 ● ● ● ●
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.
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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.
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.
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Sections 1 through 4 and 8 through 9 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:
____________________________________
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
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14th
August 13
June 2616th
2626July
Wireless Facilities Ord. 2026-04 - Page 25 of 32 -
Ord. 2026-04
Exhibit A: Bozeman Municipal Code Section 38.800 - Definitions
*NOT FOR CODIFICATION – FOR LEGISLATIVE 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
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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
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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.
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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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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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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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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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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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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