The Missoula City Council returned to committee a conditional use request for a ground-mounted wireless communication facility at 5425 Garrett Street after extended public comment, technical questioning and legal caution from the city attorney.

Zoe Walters, associate planner, told the council the proposal — submitted by Lighthouse Baptist Church — would place an 80-foot radio tower and a small equipment shelter in the southwest corner of the church property. Walters said the tower is exempt from several building-specific development standards under Title 20, that it is designed as a low-impact, low-intensity use and that the applicant’s Federal Communications Commission authorizations would allow an approximate 3.5-mile coverage radius. Staff recommended approval, subject to a condition that the building permit substantially conform to the plans submitted for conditional-use review.

Applicant Tom Lamont, pastor of Lighthouse Baptist Church, and a presenter identified as Frank defended the site choice and height in a presentation that included photos and drone video. They said the 80-foot profile is necessary to clear treetops and achieve reliable low-power FM coverage; the applicant also said engineers and an architect were consulted and a foundation had already been poured and inspected.

Neighbors and residents urged the council to deny or further study the proposal, citing view-shed impacts, nighttime lighting concerns, and safety risks including lightning strikes and the possibility of tower failure. Pines Addition HOA representative Mike Langston told council members the tower would dominate nearby backyards and warned that residents would seek legal remedies if the council approved the permit. Other speakers noted the proximity of several recently platted lots and asked the council to consider added setbacks.

City Attorney Ryan Sudbury told the council his office reviewed legal precedent regarding religious organizations and land-use regulation and cautioned that denying or placing onerous conditions on a religious institution could raise substantial-burden claims under federal statutes such as the Religious Land Use and Institutionalized Persons Act and the Religious Freedom Restoration Act. Sudbury said courts typically require a fact-specific analysis and that aesthetic objections alone often do not meet the strict scrutiny standard; he advised councilors to identify clear factual bases — for example, public-safety findings — if they were considering denial.

Several councilors said they were unable to identify a "bright line" in the conditional-use criteria that would clearly support denial and expressed concern about legal exposure; others said the record lacked technical safety analysis (lightning, fall/failure risk) and that further agency input would be useful.

At Councilor Bob Campbell’s motion, and without objection, the council returned the item to committee so staff can seek additional review, including input from fire and building-safety experts, and schedule the item for committee consideration after ongoing code reform work (council indicated the committee review would likely occur after Jan. 26). The mayor noted that the move back to committee does not determine the final outcome; it defers the decision while staff gather further information.

Supporters of the proposed station said the outlet would provide community programming and outreach — including service announcements and recovery-program outreach — and argued radio reaches older or otherwise disconnected residents who do not use streaming or podcasts.

The council did not vote to approve or deny the conditional-use request on Jan. 5. The item was returned to committee for additional technical and agency review and for further discussion at a future meeting.