HomeMy WebLinkAbout5025 1 ORDINANCE NO. 5 0 ~ 5
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 4960 TO EXTEND THE
4 MORATORIUM FOR SIXTY DAYS RELATING TO THE ISSUANCE OF PERMITS
FOR COMMERCIAL WIRELESS TELECOMMUNICATION FACILITIES ON CITY-
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OWNED PROPERTY AND RIGHTS OF WAY, ADOPTING FINDINGS OF FACT,
6 DECLARINGAN EMERGENCY EXISTS.
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WHEREAS, apparent technological changes have
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9 significantly increased the applications for commercial
10 wireless telecommunication facilities and like towers,
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including, but not limited to, building and rooftop-mounted
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antenna systems, stand alone antenna towers, and antenna
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14 systems mounted on utility poles; and
]5 WHEREAS, Ordinance 5020 has been approved by the Auburn
16 City Council at its September 15, 1997 meeting which amends
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the City's zoning ordinance pertaining to wireless
communication facilities on private property; and
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20 WHEREAS, the increased demand for siting locations on
21 City-owned property and rights of way necessitates that the
22 permitting process be reviewed to make certain it is
consistent with other uses and non-interference between
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communication facilities; and
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Ordinance No. 5025
September 11, 1997
Page 1
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WHEREAS, the Federal Telecommunications Act of 1996
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address state and local ability to regulate commercial
wireless telecommunication facilities; and
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5 WHEREAS, the City of Auburn does not have an adopted
6 process in place that addresses the ability to allow these
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facilities on City owned property or within public rights of
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way; and
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10 WHEREAS, pursuant to RCW 35.63.200 a public hearing shall
]] be held on this moratorium within sixty (60) days after its
12 adoption and that findings of fact are to be adopted to
justify the moratorium; and
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WHEREAS, a moratorium is necessary to develop an
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16 appropriate procedures and policies due to the increasing
17 demands; and
]8 WHEREAS, a moratorium is necessary to allow staff time to
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determine what, if any, potential health and safety hazards
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and potential aesthetic impacts result from these facilities
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22 on neighboring properties and the community as a whole.
23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 5025
September 11, 1997
Page 2
1 Section 1. Ordinance No. 4960 is hereby amended to
extend the moratorium and the issuance of permits for
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commercial wireless telecommunication facilities and like
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5 towers be issued for a period of sixty (60) days from the date
6 of this Ordinance for the purposes of studying and developing
7 policies and an Ordinance to deal with a permitting process
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and suitable locations for City-owned property and rights of
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way only.
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ll Sect.ion ~. Commercial wireless telecommunication
12 facilities and like towers is defined to include tower and
]3 monopole facilities for television and radio transmission and
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towers, monopoles, satellite dishes, micro-dishes,
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communication node cabinets, above-ground pedestal cabinets,
17 antennas and relay station facilities for personal pagers,
]8 cellular phones, personal communication services (PCS),
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enhanced specialized mobile radio (ESWR) facilities, plus any
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and all necessary structures or facilities appurtenant to, or
related to these various telecommunication facilities.
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Ordinance No. 5025
September 11, 1997
Page 3
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Sect.~on 3. The moratorium shall not preclude the ability
to place towers, additional antennas, dishes or similar
features on private property pursuant to Ordinance 5020.
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5 Section 4. The moratorium shall not apply to personal
6 wireless facilities such as short-wave radio facilities and
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residential television satellite systems.
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Sect.~on 5. The moratorium shall not apply to the
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construction, installation and operation of public safety and
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11 emergency wireless telecommunication facilities.
12 Sect.~on 6. The moratorium shall not apply to those
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completed applications presently filed with the City nor to
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those communication providers presently negotiating franchise
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16 agreements.
17 Sect.ion 7. The City Clerk shall schedule a public
18 hearing on the moratorium imposed herein within sixty (60)
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days from the effective date of this Ordinance.
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Section 8. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
23 out the directions of this legislation.
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Ordinance No. 5025
September 11, 1997
Page 4
1 Sect.~on 9. An emergency is declared to exist based upon
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the foregoing findings of fact and this Ordinance shall become
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effective immediately upon the passage. In the event the
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5 emergency status is challenged and challenge is effective then
6 this Ordinance shall take effect and be in force five (5) days
7 from and after its passage, approval and publication, as
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provided by law.
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Section 10. The provisions of this Ordinance are
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11 declared to be separate and severable. The invalidity of any
12 clause, sentence, paragraph, subdivision, section or portion
13 of this Ordinance, or the invalidity of the application
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thereof to any person or circumstance shall not affect the
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validity of the remainder of this Ordinance, or the validity
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17 of its application to other persons or circumstances.
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Ordinance No. 5025
September 11, 1997
Page 5
PASSED:
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4 APPROVED:
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8 CHARLES A. BOOTH
MAYOR
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ATTEST:
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14 Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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1~ Mich~
2 ynolds,
22 City Attorney
Published:
Ordinance No. 5025
Septe~er 11, 1997
Pa~e 6