A. Purpose: The regulations of this section are intended to regulate mobile service facilities to the full extent allowed and other applicable laws. These regulations are not intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited or other applicable laws.
B. Applications And Permits Required:
1. A Land Use Application is required as specified in 10-6-15.
C. Application Requirements: With the Land Use application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another tower owned by another person within such area is technically suitable, applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant or reciprocal terms within the City, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. Community Development Director shall determine specific application requirements from time to time. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.
D. The following regulations apply to all wireless telecommunication facilities, except for small cell facilities, located outside of the public right-of-way. Facilities located in the public rightof-way must be consistent with the standards and requirements contained herein related thereto. Small cell facilities must be consistent with the standards and requirements contained in this section.
E. Construction Standards: All wireless telecommunication facilities and support structures shall be certified by an engineer licensed in the State of Montana to be structurally sound and, at a minimum, in conformance with all applicable building codes.
F. Natural Resource Protection Standards: The location of the wireless communication facility shall comply with all-natural resource protection standards established either in this Code or in other applicable regulations, including those for flood plain, wetlands, ground water protection, and steep slopes.
G. Color And Appearance Standards: All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communication Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under this Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City.
H. Advertising Prohibited: No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
I. Artificial Lighting Restricted: No wireless communication facility shall be artificially lit except as required by the Federal Aviation Administration.
J. Co-Location: All wireless telecommunication facilities shall be subject to the co-location requirements set forth in this Code.
K. Abandonment: All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in this Code.
L. Security Enclosure Required: All towers and equipment shelters shall be enclosed either completely or individually. The City and co-locators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
M. Existing Vegetation And Buffer Plantings: Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Board. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.
N. Access Control And Emergency Contact: “No Trespassing” signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency. Contact information must be kept current.
O. Jurisdictional Study Of Potential Public Sites: In order to encourage the location of a wireless telecommunication facility on publicly owned property, the City shall undertake an identification of publicly owned properties that the City determines are suitable for such use. The City shall regularly update such identification and make the results of such available to the public.
P. Exemption Of Proof Of Colocation Availability: Persons locating a wireless telecommunication facility upon a publicly owned property identified in the study mentioned above shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements (co-location design required) below.
Q. Co-Location Design Required: No new tower shall be constructed in the City unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.
R. Technically Suitable Space: Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.
S. Cessation Of Use:
1. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City whose use will be discontinued and the date the use will cease. Such report shall be filed with the City thirty days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty days, the Community Development Director (or their designee) may declare the facility abandoned. The 180-day period exclude any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the City Manager (or their designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner.
2. The City must provide the wireless telecommunication facility owner and the private property owner 30-day notice.
3. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
4. The City shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Hearing Board. All interested parties shall be allowed an opportunity to be heard at the public hearing.
5. After a public hearing is held the City may order the abatement or demolition of the tower. The City may require the private property owner to pay for all expenses necessary to acquire or demolish the tower. (Ord. 2023-7, 7-17-2023)