HomeMy WebLinkAbout4960 ORDINANCE NO. 4 9 6 0
~ 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
~ COUNTY, WASHINGTON, IMPOSING A MORATORIUM ON THE ISSUANCE OF
LAND USE DEVELOPMENT PERMITS FOR COMMERCIAL WIRELESS
TELECOMMUNICATION FACILITIES AND LIKE TOWERS, ADOPTING
FINDINGS OF FACT, DECLARING AN EMERGENCY EXISTS, ESTABLISHING
8 A TIME FOR THE MORATORIUM.
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8 WHEREAS, apparent technological changes have
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
15 WHEREAS, the increased demand for siting locations
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necessitates that the permitting process be reviewed to make
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certain it is consistent with other uses and non-interference
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between communication facilities; and
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20 WHEREAS, the Federal Telecommunications Act of 1996
2] address state and local ability to regulate commercial
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wireless telecommunication facilities; and
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WHEREAS, the City of Auburn does not have an adopted
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25 process in place that addresses the ability to allow these
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Ordinance No. 4960
April 2, 1997
Page 1
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facilities on City owned property or within public rights of
way; and
4 WHEREAS, other cities such as Kent and Des Moines have
5 enacted their own moratoriums on this issue which may lead the
6 providers to focus more on the City of Auburn for the
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placement of these facilities; and
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WHEREAS, pursuant to RCW 35.63.200 a public hearing shall
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be held on this moratorium within sixty (60) days after its
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|1 adoption and that findings of fact are to be adopted to
12 justify the moratorium; and
WHEREAS, a moratorium is necessary to develop an
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appropriate procedures and policies due to the increasing
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16 demands; and
17 WHEREAS, due to potential impacts to public health,
18 safety and to neighborhood aesthetics, it may be appropriate
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to develop incentives or regulations that will encourage co-
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location of commercial wireless telecommunication facilities;
2]
22 and
23 WHEREAS, a moratorium is necessary to allow staff time to
24 determine what, if any, potential health and safety hazards
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Ordinance No. 4960
April 2, 1997
Page 2
]
and potential aesthetic impacts result from these facilities
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on neighboring properties and the community as a whole.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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5 KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
6 Sect.ion 1. That a moratorium and the issuance of permits
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for commercial wireless telecommunication facilit'ies and like
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towers be issued for a period of six (6) months from the date
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of this Ordinance for the purposes of studying and developing
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]l policies and an Ordinance to deal with a permitting process
12 and suitable locations.
Sect.ion .~. Commercial wireless telecommunication
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facilities and like towers is defined to include tower and
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16 monopole facilities for television and radio transmission and
17 towers, monopoles, satellite dishes, micro-dishes,
18 communication node cabinets, above-ground pedestal cabinets,
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antennas and relay station facilities for personal pagers,
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cellular phones, personal communication services (PCS),
2]
22 enhanced specialized mobile radio (ESWR) facilities, plus any
23 and all necessary structures or facilities appurtenant to, or
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related to these various telecommunication facilities.
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Ordinance No. 4960
April 2, 1997
Page 3
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Section 3. The moratorium shall not preclude the ability
to place additional antennas, dishes or similar features on
existing structures that currently have an approved
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5 conditional use permit. The conditional use permit may need
8 to be revised pursuant to Chapter 18.64 of the Auburn City
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Code.
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Section 4. The moratorium shall not apply to personal
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wireless facilities such as short-wave radio facilities and
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]1 residential television satellite systems.
12 Section 5. The moratorium shall not apply to the
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construction, installation and operation of public safety and
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emergency wireless telecommunication facilities.
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16 Section 6. The moratorium shall not apply to those
]7 completed applications presently filed with the City nor to
18 those communication providers presently negotiating franchise
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agreements.
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Section 7. The City Clerk shall schedule a public
2]
22 hearing on the moratorium imposed herein within sixty (60)
23 days from the effective date of this Ordinance.
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Ordinance No. 4960
April 2, 1997
Page 4
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Section 8. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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5 Sect.~on 9. An emergency is declared to exist based upon
8 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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emergency status is challenged and challenge is effective then
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this Ordinance shall take effect and be in force five (5) days
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11 from and after its passage, approval and publication, as
]2 provided by law.
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Sect.4on 10. The provisions of this Ordinance are
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declared to be separate and severable. The invalidity of any
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16 clause, sentence, paragraph, subdivision, section or portion
17 of this Ordinance, or the invalidity of the application
18 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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of its application to other persons or circumstances.
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Ordinance No. 4960
April 2, 1997
Page 5
APPROVED:
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CHARLES A. BOOTH
8 M~YOR
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lO ATTEST:
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Robin Wohlhueter,
14 City Clerk
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17 APPROVED AS TO FORM:
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19~~_
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21 Michael J. Reynolds,
City Attorney
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