ORD 96-49 MORATORIUM ON LAND USE PERMITS FOR WIRELESS COMMUNICATIONSORDINANCE NO. 96-49
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
IMPOSING A MORATORIUM ON APPLICATIONS FOR LAND USE
PERMITS FOR WIRELESS COMMUNICATIONS FACILITIES; AND
DECLARING AN EMERGENCY.
WHEREAS, the increasing use of cellular telephones, new wireless communications and
increased federal licensing of communication channels has created a significant increase in the
number of applications for land use permits for the siting of cellular towers, cell sites and
antennae, and other facilities necessary for wireless services communication facilities including
facilities for the transmission and reception Of radio or microwave signals used for
communication (hereafter, "wireless communications facilities") that is expected to continue
indefinitely; and
WHEREAS, the land use regulations currently in effect in the City do not provide
sufficient definitive criteria with which the City can address the concerns of City residents and
properly evaluate and condition the siting of wireless communications facilities; and
WHEREAS, the City of Bainbridge Island is in the process of developing a revised
zoning ordinance which will include criteria to regulate these facilities, in response to increasing
concern about the proliferation of wireless communications facilities; and
WHEREAS, Washington State's permissive vested rights doctrine, which allows many
land use applications to vest to land use regulations which are in effect early in the application
process, could enable applications for wireless communications facilities to vest in inadequate
regulations while the City studies the changes needed in those regulations, undermining effective
City planning for these facilities; and
WHEREAS, a moratorium on further filing and processing of applications is necessary
while the City studies the issues inherent in the construction and siting of wireless
communications facilities and develops appropriate land use controls for the emerging
technology; and
WHEREAS, RCW 35A.63.220 authorizes the City to adopt a moratorium on
development and to hold a public hearing on the moratorium within 60 days of the
commencement of the moratorium; and
WHEREAS, the City Council finds that the moratorium imposed by this ordinance is
necessary for the protection of the public health, safety, property or peace; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
A moratorium is imposed on filing and processing of applications for
land use permits for wireless communications facilities unless the
applications were complete, as provided in the Bainbridge Island
Municipal Code, prior to the effective date of this ordinance.
As used in this ordinance "Land use permit" means any permit required
from the City for the construction or siting of any facilities necessary for
wireless communications facilities; provided that "land use permit" shall
not include any permit for the construction or attachment of any such
facilities on existing wireless communications facilities or on such
facilities constructed pursuant to a completed application under subsection
A above.
Section 2. The Department of Planning and Community Development shall continue
preparation of land use regulations governing placement of wireless communications facilities
within the City and shall submit them for consideration by the Planning Commission and City
Council.
Section 3. Notice of, and hearing on this ordinance in the normal course, would
undermine effective City planning by allowing land use applications for wireless communications
facilities submitted between the time notice was published, and the time the ordinance was
adopted, to vest in City regulations which may be inadequate to protect the public health, safety
and general welfare. The moratorium imposed in this ordinance shall become effective
immediately upon passage of this ordinance and shall continue until May 7, 1997, unless
repealed, extended, or modified by the City Council after subsequent public hearings and entry
of appropriate findings of fact pursuant to RCW 35A.63.220. The Council shall hold a public
hearing on this ordinance on January 2, 1997, at 7:00 PM in the Bainbridge Commons multi-
purpose room, 402 Bjune Drive SW, Bainbridge Island, Washington.
Section' 4. If any provision of this ordinance, or its application to any person, entity or
circumstance is for any reason held invalid, the remainder of the ordinance, or the application
of the provisions to other persons, entities or circumstances, is not effected.
Section 5. Supermajority.
This ordinance, passed by a majority plus one of the whole membership of the City
Council as a public emergency ordinance necessary for the protection of the public health, public
safety, public property, or public peace, shall be effective immediately upon its passage.
PASSED by the City Council this 7th day of November, 1996.
APPROVED by the Mayor this 8th day of November, 1996.
~'~NET K. WEST, Mayor
ATTEST/AUTHENTICATE:
S~AN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.
November 1, 1996
November 7, 1996
November 13, 1996
November 13, 1996
November 7, 1996
96-49