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ORDINANCE NO. 5 0 3 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 4960 SuND ORDINANCE
NO. 5025 TO EXTEND THE MORATORIUM FOR SIXTY-FIVE I~YS RELATING
TO THE ISSUANCE AND REGULATION OF PERMITS FOR COM~iERCIAL CABLE
AND WIRELESS TELECOMMUNICATION FACILITIES ON CITY-OWNED
PROPERTY AND RIGHTS OF WAY, ADOPTING FINDINGS OF FACT, AND
DECLARING ANEMERGENCY EXISTS.
technological changes have
applications for commercial
facilities and like towers,
building and rooftop-mounted
WHEREAS,
significantly
wireless
including,
apparent
increased the
telecommunication
but not limited to,
antenna systems, stand alone antenna towers, and antenna
systems mounted on utility poles; and
WHEREAS, the increased demand for siting locations on
City-owned property and rights of way necessitates that the
permitting process be reviewed to make certain it is
consistent with other uses and non-interference between
communication facilities; and
WHEREAS, the Federal Telecommunications Act of
addresses state and local ability to regulate commercial
and wireless telecommunication facilities; and
1996
cable
Ordinance No. 5037
October 31, 1997
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WHEREAS,
process in
facilities
way; and
WHEREAS,
the City of Auburn does not have an adopted
place that addresses the ability to allow these
on City owned property or within public rights of
pursuant to RCW 35.63.200 a public hearin9 shall
be held on this moratorium within sixty (60) days after its
adoption and that findings of fact are to be adopted to
justify the moratorium; and
WHEREAS, a moratorium is necessary to develop appropriate
procedures and policies due to the increasin9 demands;
WHEREAS, a moratorium is necessary to allow staff
determine what, if any,
and potential aesthetic impacts
on neighboring properties and the
WHEREAS, draft ordinances were presented to Public Works
Committee for review and discussion on October 27, 1997; and
is not anticipated that a public hearin9 on
and
time to
potential health and safety hazards
result from these facilities
community as a whole; and
WHEREAS, it
the ordinance and presentation to the council can be
accomplished within the time frame presently established by
ordinances 4960 and 5025.
Ordinance No. 5037
October 31, 1997
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NOW,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
~ Ordinance No.
hereby amended to extend the
permits for cable and commercial
facilities and like towers for a period of
days from the date of this Ordinance for
THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
studying and developing policies, procedures,
to deal with leases, right of way uses,
permitting process for authorizing use of
4960 and Ordinance No. 5025 are
moratorium and the issuance of
wireless telecommunication
sixty-five (65)
the purposes of
and an Ordinance
franchising, and a
City-owned property
and rights of way.
facilities and like
monopole
towers,
Commercial wireless
towers is defined to
facilities for television and
monopoles, satellite
telecommunication
include tower and
radio transmission and
dishes, micro-dishes,
communication node cabinets,
antennas and relay station
cellular phones, personal
enhanced specialized mobile
radio
above-ground pedestal cabinets,
facilities for personal pagers,
communication services (PCS),
(ESWR) facilities, plus any
Ordinance No. 5037
October 31, 1997
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and all necessary structures or facilities appurtenant to, or
related to these various telecommunication facilities.
~ The moratorium shall not preclude the ability
to place towers, additional antennas, dishes or similar
features on private property pursuant to Ordinance 5020.
~ The moratorium shall not apply to personal
wireless facilities such as short-wave radio facilities and
residential television satellite systems.
~ The moratorium shall not apply to the
construction, installation and operation of public safety and
emergency wireless telecommunication facilities.
~ The moratorium shall not apply to those
completed applications presently filed with the City nor to
those communication providers presently negotiating franchise
agreements.
~_e_C~L~]a__2~ The City Clerk shall schedule a public
hearing on the moratorium imposed herein within sixty (60)
days from the effective date of this Ordinance.
Ordinance No. 5037
October 31, 1997
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~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~_~ An emergency is declared to exist
the foregoing findings of fact and this Ordinance shall become
effective immediately upon the passage. In the event the
emergency status is challenged and challenge is effective then
this Ordinance shall take effect and be
based upon
in force five (5) days
from and after its passage, approval and publication, as
provided by law.
~ The provisions of this Ordinance are
declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section or portion
of this Ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the
validity of the remainder of this Ordinance, or the validity
of its application to other persons or circumstances.
Ordinance No. 5037
October 31, 1997
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ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 5037
October 31, 1997
Page 6
INTRODUCED:
PASSED:
APPROVED:
November 3, 1997
N6vember 3, 1997
November 3, 1997
CHARLES A. BOOTH
MAYOR