ORD 97-03 MORATORIUM FOR LAND USE PERMITS12/20/fi6 14:56 FAX 206 655 7750 INSLEE-BEST
ORDINANCE NO. 97-03
AN ORDINANCE OF THE CITY O1a BAINBRIDGE ISLAND,
WASHINGTON, ADOPTING FINDINGS OF FACT
SUPPORTING THE CITY'S MORATORIUM ON
APPLICATIONS FOR LAND USE PERMITS FOR WIRELESS
COlVIMUNICATIONS FACILITIES; ADDING A NEW
$Nt2TION TO ORDINANCE NO. 96-49; AND DECLARING AN
EMFA;tGENCY.
WHEREAS, ttm increa~ng use of exllular telephones, new wiretess communications, and
increased fedexal lice, ming of communication channels has ~wated a significant increase in the
m~mher of applications for !_a.~4 use perm~ for the siting of cellular towers, c~11 sites. antennae,
and other facilities rmcessary for wireless services commtmicalion facilities including facilities
for the tra_n,qmission and ree~lion of radio or microwave signals used for communications
("wireless communications facilities") that is expeeled to continue indefinitely; and
WHEREAS, lho City's ctwrent land u~e regulations do not provide sufficient definitive
criteria wilh which the City can addteas the concerto of City residents and properly evaluate and
condition the siting of wireless commllnications facilities; and
WI-I~, RCW 35A.63,1120 authorizes the City to adopt a moratorium on
development and to hold a public hearing on the moratorium within 60 days of the
eommem:em~ of the moratorium; and
WHERF.,AS, on November 7, 1996, the City Council passed OrO..i~ace No. 96-49
imposing a moratorium on filing ~ processing applications for Is.rid use permits for wirel~
comnmnicatkms faci!itJ'ez.unlcas the ~pplicati~ns w~c complete prior to the effectivc date of
Ordinanc~ No. 9649 ("wireless co _W:rm. mlcatkma facilities moratorium"); and
WHEREAS, on Janaary 2, 1997, the City held a public hearing on the issue of ~e City's
wixel~s commmfication$ facilities nmratorium; and.
.g3n:xEA~, the City is ia tl~ proe. r_~s of developing a revised zoning ordinance which
wffi includ~ criteria to regulate wlrde~ communications fadliti~; .a. gd
WHEREAS,,.the City needs additioml time to consider propofiy and cardully the location
and regulation of wireless communications facilities within the City; and
WHEREAS, tl~ City's wir~l_ms communi~..fiom facilities moratorium is n~cessary while
the City studi~s lhc tssue.~ inhemut ill the coastruction and siting of wireless conununications
fadlttlca and der,lops appropriate land use controls for the eraerging teChtlOlogy; alld
WHB'I1EAS, ~e City Council finds that the wireless communications facilities
momt~ix~ is necesam'y for tlm protection of the public health, safety, property, or peace; and
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WHEREAS, the City Couacil desires to enter t~ findings set forth in t~is ordinance to
justify the ,imposition of fi~e wireless communications facilities moratorium as required by RCW
35A.63.220; now, thexcfore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
DO ORDAIN AS FOLLOWS:
Saction L Establi.shrnent of Findings. A new Section 6 is added to Ordinance No.
96,49 of the City of Bainbridge Island as follows:
Firgli~gs. Based upon public testimony and othea: evideace submitted at Re pubIra
hearing held on lanuat3r 2, 1997, the CRy Council curers the following FMdings
of Fact to support the moratorium desert'bed in Section 1 of this Oralinane:
1. The City Council h~ld a public hearing on the wireless
cc~__munications facilities moratorium on January 2, 1997.
2. The City Council considered thc staff rapport regarding thc
wireless communications facilities moratorium submitted at the public hearing.
3. At the public hearing, memb0r~ of wireless cortununicationa
radiities iatnst~ and other members of the public had the opportunity to present
te.~mony and other evidence regarding the imposition of the moratorimn.
4. The .k t creasing use of cellular telephones, new wireless
gOlmm~tl/catioll,~ aYld itlgl'~ed federal liceming of communication c3annch has
created a si~ increase h the m..,mbcr of applications for land use p~'rmits
for the sitiag of c~lhlar tow~, ~,11 rites, and antensue. /red offmr facilities
~ for wireless services communication facilh'e~ in01udlng f-~iliti~ for the
transmission and reception of radio or microwave signals used for
communications, that is expected to continue. inde, fin/tely.
5. The land u~ r~gulations currently in effect in City do not provide
mfficieat definitlw caim/a willa which the City can address the concerns of City
r~sideata and properly evahate and condition the sitiag of wireless
communications facilities Within the City.
6. The City ~ in the lxocc~ of developing a revised 2oning ordinance
that will includc criteria to regulat~ wireless communications facilities, in
response ro [ncrcaaing concern about thc proliferation of such facilities. The City
anticipate8 presenting the~e regulations to ~e City Council for consideration by
April 1, 1997.
7. Washington Status's vested rights doctrine allows many land use
applications to vest in land use regulations which are in effect early ia the
application p~ocess, and could enable applicatlol~q for land use permits for
wireless communic~ons fac~itlc~ to vest in inadequate rctlulatiom while the City
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studies the changes needed in those regulations, underminiug effective City
planning fo~ the-~e facilities.
$. Tim land u~c, l~gal, and t~clmology issues relating to the location
aml c~alation of wireless communicatinns facilities within the City are
sufficiently complex so that the planning pm~ss would benefit from a
moratorium on applieaiions for load uso approvals far wireless ~mmuni~tiom
fadh'fies. TI~ City needs addRional tirn~ to considex pmpexly a~ cogfully tl~
location an~ regulation of wireless communications facilities wjthir~ the City.
9. The city's planning proegss with resp~t t~ wireless
co_~.muni~atlons facilities wiR suff~r si~fic~t h~ ~less a moratorium on'
until ~e Ci~'s ~velop~t rc~g~ ~g~ng w~eless ~u~tions
faeries ~ ~o~ by ~ Cid.
10. Tim City's wi~e, less communications facilities moratorium is
n~c, essary for tI~ pmte~ion of the public health, safety, propmy or
Semion 2. Severabiliw. If any pmvisim: of this oralimray, or its application to any
p~raon, ontity or ciro_~.._m~taneo is for any reason held invalid, tlm re, malmlcr of this ordinance,
or the application of ~ provisions to other p~rsom, entities or circumstances is not affected.
Section $. _gupeo~jority.. Tiffs ordinance, passed by a majmity plus ou¢ of the whole
membership of th~ Ci~ Council as a public ~mergen~ ordinance necessary for the protection
of the public health, public saf~d, public property, or public pete. shall be effective
imat~iiately alXm its passago.
PASSED by the City Council this 2ncl day of January, 1997.
APPROVED by the Mayor this 3rdday of laauary, 1997.
]ANET K. WEST, Mayor
ATTKST/AUTHENTICATE:
APPROVED AS TO FORM:
ROD P. KASEOLTMA, City Attorney
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
BFFECTIVE DATE:
ORDINANCE NO.
December 20, 1996
January 2, 1997
January 8, 1997
January 8, 1997
January 2, 1997
97--03
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