HomeMy WebLinkAboutChapter_54 Telecommunications
Title 18
Chapter 54
TELECOMMUNICATIONS
Sections:
18.54.010 Intent, Purpose, and Applicability
18.54.020 Special Submittal Requirements
18.54.030 Uses Within Districts and Required Review Procedures
18.54.040 Standards
18.54.01 0 Intent, 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.
8. The City Commission finds that:
1. The aesthetic character of Bozeman is a matter of substantial economic
importance and general concern to the citizens of the city, as described in
the City's adopted growth policy, 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 impacts on the character of Bozeman and its surrounding
viewsheds which negatively affect the character of the city;
3. The impacts of wireless facilities can be reduced by establishing standards
for location, structural integrity, compatibility, and co-location;
4. The City desires to promote co-location, use of stealth installations of
wireless facilities, and the use of smaller and less intrusive facilities to
minimize the need to construct new large scale wireless facilities in order
to reduce visual and other impacts on the community;
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 other 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 towers and antennas 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;
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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 has constructed its regulations in a
manner that does not unreasonably discriminate between providers of
functionally equivalent personal wireless service nor prohibits or has the
effect of prohibiting personal wireless service in the city;
13. The Federal Communication Commission exercises certain sole authority
in the licensing and other regulation of wireless services, which the City of
Bozeman recognizes;
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 which costs must be mitigated and should properly be
mitigated by those causing such additional costs.
C. General Application. All uses listed in this chapter shall be 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
chapter apply to development and modification of large scale wireless facilities,
micro-scale wireless facilities, nonbroadcast telecommunication facilities, and small
scale wireless facilities. These and other terms are defined in Chapter 18.80.
1. The provisions of this chapter only apply to facilities which meet the
definition of a wireless facility or that are otherwise specifically brought
under the authority of this chapter. (Ord. 1645 ~ 1, 2005)
18.54.020 Special Submittal Requirements
In addition to the materials required by Chapter 18.78 for site plans, conditional use permits,
and planned unit developments, the materials required by ~ 18.78.170 shall be submitted. (Ord.
1645 ~ 1 , 2005)
18.54.030 Uses Within Districts and Required Review Procedures
A. Purpose. The purpose of this section is to describe the procedures under which
certain uses may be permitted as principal or conditional uses in specific districts.
Unless specifically exempted by this chapter, all other standards and procedu res of
this title shall apply.
1. The Montana Subdivision and Platting Act (Title 76, Chapter 3, MCA)
requires subdivision review when land interests are created by rent or
lease. Depending on how the ownership and use of land for a facility
subject to this chapter is established, subdivision review may be required
in addition to site plan review.
S. No wireless facility may be permitted except in accordance with the development
review processes indicated in the table below, based on the applicable zoning
district and scope of the proposed facility. Principal uses are indicated with a "P",
conditional uses are indicated with a "C", accessory uses are indicated with an "A",
planned unit development is indicated with a "PUD", and uses which are not
permitted with the district are indicated by a "-". All applications are subject to the
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.- -,,_..- n__...u...__......___..._.___
review processes, submittal requirements and other requirements of Chapters
18.34, 18.36, and 18.78 of this title as may be applicable.
1. Review Procedures
Table 54-1
Zoning District Large-scale Small-scale Micro-scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C PIC' A P
B-3 C PIC' A P
B-2 C PIC' A P
B-1 C PIC' A P
R-a PUD C P C
R-4 PUD C P C
R-3 PUD C P C
R-2 PUD C P -
R-1 PUD C P
R-S PUD C P C
1
Conditional use review is required when the proposed facility exceeds the height limitation of the district.
2. Co-location upon a previously approved wireless facility, when such
additional facilities were contemplated as part of the original review, shall
be reviewed as a sketch plan in all zones.
3. A wireless facility may be permitted as an accessory use in any
nonresidential district when:
a. It is for the exclusive use of a single on-site business when the
business has otherwise been approved under Chapters 18.34 or
18.36 rather than offered to additional parties;
b. It is in compliance with the maximum building height limitations of
the zoning district;
c. Complies with all setback and other zoning requirements; and
d. Has 8 or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay or
entryway corridor overlay districts shall be reviewed against the criteria of
Chapters 18.28 and 18.30, as applicable, and shall require a certificate of
appropriateness before issuance of a building permit.
5. Prior to submitting an application for a large scale or small scale wireless
facility, the applicant must request in writing a pre-application conference
with the Planning Department. The purpose of the pre-application
conference is to acquaint the participants with the applicable requirements
of this chapter, as well as any preliminary concerns of the Department.
6. The applicant's written request for a pre-application conference must
include the following information with regard to the proposed facility:
a. Location;
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-...----.-...-.-.--.. .- -....-....-.-... ---
b. Overall height;
c. Number of antennas proposed, including those of other providers
to be collocated;
d. Type(s) of wireless communication services to be provided; and
e. Coordination of ground equipment shelters.
7. 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 shall reimburse the City for the actual costs incurred prior to
issuance of a building permit.
8. The provisions of Chapter 18.60 shall apply for all nonconforming facilities
subject to this chapter. (Ord. 1645 ~ 1, 2005)
18.54.040 Standards
A. Safety. All wireless facilities subject to this chapter shall met the following
standards:
1. The structural design for all wireless facilities greater than 10 feet
in height or which have more than 4 square feet of total antenna
area shall be certified by a professional structural engineer
licensed to practice in the State of Montana. A building permit
shall be obtained prior to the installation of any facility subject to
this chapter.
2. All wireless facilities shall 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 shall 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 shall be enclosed
within a secure fence not less than 6 feet in height or the tower
itself shall be equipped with an appropriate anti-climbing device.
S. Aesthetics
1. All Wireless Facilities
a. The provisions of this ~ 18.54.040.B may be waived by the
approval body, as determined by Chapter 18.34, where it has
been demonstrated that the waiver will result in superior
compliance with the intent and purposes of this title.
b. All installations shall be as visually unobtrusive as is feasible.
Facilities and equipment mounted on existing structures shall be
visually incorporated into the structure or background by the use
of architectural elements, color, screening, or other methods.
c. No lighted signage is permitted.
d. All structures shall be constructed in conformance with the
standards of the City's adopted International Building Code.
e. Visual screening of ground mounted equipment shall be provided
in all residential areas and where a facility is located within a
nonresidential area which is visible, from a viewpoint 5 feet above
grade, from a residential area. Screening shall provide an opaque
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screen within eighteen months of establishment and be a
minimum of 4 feet in height. The screening may be of landscape
materials or a fence which otherwise complies with this title. The
site shall comply with the landscaping provisions of Chapter
18.48.
f. Exterior facade materials and the character of equipment shelters
used in residential areas shall be of materials commonly used in
the immediate area. The architectural design of the exterior of
the shelter shall be compatible with surrounding residential
structures. The intent of the requirements of this paragraph may
be met by providing opaque fencing or other visual screening
compatible with the neighborhood, in compliance with all other
sections of this title, which will obscure the entire equipment
shelter. The screening shall 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 ~ 18.54.04.B.2.a.(1), 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 co~location on existing
large scale wireless facilities;
(2) Small scale wireless facilities;
(3) Large scale wireless facilities 50 feet or less in height;
and
(4) Large scale wireless facilities in excess of 50 feet in
height.
b. A facility meeting the definition of stealth, as defined in Chapter
18.80, is always preferred over a facility of the same scope which
does not meet the definition of stealth. Stealth facilities may be
required in historic districts and 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
(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 the
table below:
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a. Stealth installation is required.
b. Wireless facilities are exempt from the height limitations of ~
18.38.060 but are subject to the height limitations of ~ 18.54.040.
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 intensive facility or an
alternative site.
d. Only allowed when service may not be provided from an
alternative site or a less intensive installation or set of
installations.
Table 54~2
Zoning District Large-scale Small-scale Micro-scale Non-broadcast
PLI b b b -
M.2 b b b -
M.1 b b b -
B-P C a,c b -
B-3 C a,c b -
B-2 C a,c b -
B-1 C a,c b -
R-O d a,c a,b -
R-4 d a,c a,b -
R-3 d a,c a,b -
R.2 d a,c a,b -
R-1 d a,c a,b -
R-S d a,c a,b -
4. Stealth
a. Installations located within the conservation overlay district shall
be stealth facilities.
b. A stealth wireless facility may exceed the height limitations of the
district by 10 feet.
5. Small Scale Wireless Facilities. All small scale wireless facilities
established in the neighborhood conservation or entryway corridor overlay
districts shall be installed in such a way as to maintain the historic or
architectural character of the host site. All sites shall maintain the least
possible visual obtrusiveness.
6. Large Scale Wireless Facilities. No large scale wireless facility will be
permitted unless the applicant demonstrates that the proposed facility can
not be accommodated on an existing structure or by placement of a
smaller facility. In order to justify the construction of a large-scale wireless
facility, the applicant must demonstrate that higher ranking alternatives in
the hierarchy, beginning with Subsection 18.54.040.B.2.a.(1) of this
chapter, 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 address the
required findings of this section.
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a. If co-location is feasible, the owner of the large scale wireless
facility shall certify in writing, prior to final permit approval, that the
owner will accept for co-location 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 antennae.
Co-location may be denied based on verifiable and substantial
expectations of interference from additional users. Later failure
to comply with the requirements supporting co~location may result
in the revocation of city approvals or other penalties provided by
the municipal code as the requirements of the title will have been
violated.
b. The City shall 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 shall not either:
(1) Exceed 190 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;
(b) Exceed 40 feet in height when its base
elevation is above 4,850 elevation;
(c) Notwithstanding the provisions of Subsections
(a) and (b) above, these restrictions shall 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 shall be provided
to house all ground based equipment.
e. Special setbacks for large scale wireless facilities shall be
provided and/or a design for internal structural collapse to avoid
damage or injury to adjoining property or users shall be provided.
(1) Residential district setbacks for a large scale wireless
facility shall be 100 percent of facility height which may
be reduced to no less than 50 percent upon the provision
and approval of an engineered design, stamped by a
professional structural engineer licensed to practice in
the State of Montana, establishing a smaller collapse
area.
(2) A large scale wireless facility in nonresidential zones
shall provide a minimum setback from the property lines
of 75 percent of facility height which may be reduced to
no less than 30 percent of facility height upon the
provision and approval of an engineered design,
stamped by a professional structural engineer licensed
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to practice in the State of Montana, establishing a
smaller collapse area. Large scale wireless facilities
located within nonresidential zones, but adjacent to a
residential zone or residentially developed areas, shall
maintain a minimum setback from residential zoning or
property boundaries of at least 50 percent of facility
height. All installations shall maintain the minimum
zoning district setbacks including special setbacks for
entryway corridors.
f. New large scale wireless facilities greater than 50 feet in height
shall be designed in all respects to accommodate both the
applicant's antennae and antennae for at least two other
additional users. A new large scale 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 scale wireless facility. This
requirement may be waived by the governing body upon a
showing of fact to overcome the presumption that multiple
transmitters are desirable on the proposed facility.
g. All large scale wireless facilities 50 feet or greater in height,
regardless of the zoning district in which the structure is located,
shall be located at least one mile, measured in a straight line,
from any other large scale wireless facility that is 50 feet or
greater in height. An exception to this requirement may be
granted by the approval body when it is found and factually
supported in the written record that the criteria of Subsection (i)
below are met and a critical need exists for the proposed location,
or that a closer placement is desirable to advance the intent of
this chapter and title.
h. A large scale wireless facility greater than 50 feet in height shall
only be approved when the applicant can demonstrate in writing
that no existing or approved micro-scale, small scale, 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 title, affirmative
findings for at least one of the following items must be made in
order for the conditions necessary for approval to exist:
(1) No existing or proposed structures adequate to support
the proposed antennae are located within the geographic
area required to met 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
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antenna and related equipment and can not be
reinforced to provide sufficient structural strength.
(4) The applicant's proposed antennae 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.
(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 as provided for in Subsection 18.54.040.B of this chapter.
Prior to the approval of a final site plan, or a building permit if it be
a latter phase of a phased project, an applicant shall provide:
(1) For the first 70 feet of tower height, for an applicant who
is not themselves 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, one additional
executed lease;
(4) Leases may be redacted to remove proprietary
information but shall identify the parties.
7. Non-broadcast. A non-broadcast telecommunication facility located within
an entryway overlay district, the neighborhood conservation overlay district,
or a residential zoning district shall be enclosed within a structure. The
structure shall be of materials and architectural character which are
compatible with the adjacent properties. The facility shall comply with all
applicable side, front, and rear yard setbacks.
c. Administrative
1. An inventory of existing sites utilized by the applicant shall be provided.
The inventory shall note the feasibility of accommodating other users. The
City may share this information with other applicants or interested parties
to encourage co-location.
2. The public land and agencies exemption from full compliance with zoning
in ~ 76-2-402, MCA, does not apply to private entities utilizing publicly
owned lands.
3. Any antennae or antenna support structures that are not utilized for the
provision of wireless services for a continuous period of six months shall
be considered abandoned. All facilities shall be removed within six months
XVIII-54 p9 1 0/2005
of the cessation of operations. If a facility is not removed within six months
the City shall remove the facility at the facility's or landowner's expense.
Where multiple users share a facility, the non~operational antennae and
associated ground mounted equipment shall be removed but any common
equipment may be retained until all users have terminated the utilization
of the site.
4. Any emergency power supply or other equipment installed at the facility
must comply with ~ 18.38.070.H, Noise.
5. No facilities may be established in residential areas which require
employees to be present on a routine basis, with the exception of periodic
maintenance activities, unless the zone allows offices as a permitted or
conditional use and appropriate review has been completed.
6. Failure to comply with the terms of the zoning ordinance shall be grounds
for facilities to be removed by action of the City at the facility's or
landowner's expense.
7. Any modifications to existing wireless sites may only occur in compliance
with the review procedures required in ~ 18.54.030.
8. Denial of an application shall be made only after the review body has
determined that specific criteria of this title can not be met. Said
determination shall be made in writing and shall include the reasons for the
denial and the evidence which supports those reasons. Public opposition
alone is not sufficient to deny the application. (Ord. 1645 ~ 1, 2005)
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