Ordinance No. 2021-29 Extending Interim Control - Small Wireless Facilities - Approved 102621Page 1 of 7
ORDINANCE NO. 2021-29
AN ORDINANCE of the City of Bainbridge Island, Washington, concerning
wireless communication facilities; leaving the effective date of the interim official
control adopted by Ordinance No. 2019-15 unchanged; adopting an updated work
plan; and extending the duration of the interim official control adopted by
Ordinance No. 2019-15, and previously extended by Ordinance Nos. 2019-31,
2020-11, 2020-22, and 2021-14 for an additional six-month period to May 14,
2022.
WHEREAS, the Federal Communications Commission (“FCC”) adopted a Declaratory
Ruling, Order, and Regulation (“FCC Order”), which imposed limitations on local
municipalities, including the City of Bainbridge Island (“City”), regarding processing and review
of all permits associated with the deployment of small wireless facilities; and
WHEREAS, the City Council found that the existence of the federal regulations required
the immediate enactment of administrative procedures and processes which comply with the
FCC Order; and
WHEREAS, on May 14, 2019, in response to the FCC Order, the City Council approved
Ordinance No. 2019-15, adopting an interim official control that created a new Chapter 18.10A,
establishing interim small wireless facility design standards, amended Table 18.09.020, BIMC
18.09.030, and BIMC 18.10.010, and repealed and replaced Chapter 18.11 BIMC; and
WHEREAS, the interim official control adopted by Ordinance No. 2019-15 was
established for a six (6) month period, which the City Council found to be necessary for the
immediate preservation of the public peace, health, and safety; and
WHEREAS, contemporaneous with the consideration of Ordinance No. 2019-15, the
City Council enacted amendments to its existing master permit code provisions, Chapter 19.02
BIMC, and adopted a new Chapter 19.10 BIMC in order to provide a clear permitting procedure
for the deployment of small wireless facilities; and
WHEREAS, on June 11, 2019, the City Council held a public hearing on Ordinance No.
2019-15 to receive public comment on the interim official control; and
WHEREAS, the adoption of aesthetic standards for deployment of small wireless
facilities and utilization of a concurrent process emphasizing administrative review enables
compliance with the federal presumptively reasonable time limits for review of proposed
deployments of small wireless facilities; and
WHEREAS, the City was required to enact administrative procedures and process to
comply with the new presumptive federal safe harbors on or before January 14, 2019; and
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WHEREAS, separately, federal law and regulation set time limits on the processing of
applications for eligible facility requests to expand existing structures which do not substantially
change the height or profile of the structures used to collocate wireless communications
facilities, and which regulations will replace Chapter 18.11 BIMC; and
WHEREAS, on August 13, 2019, the City Council directed the Planning Commission to
begin work on permanent regulations to replace the interim official control adopted by
Ordinance No. 2019-15; and
WHEREAS, on September 12, 2019, the Planning Commission began consideration of
permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15;
and
WHEREAS, on October 8, 2019, the City Council set a public hearing on Ordinance No.
2019-31 for the October 22, 2019 Council Meeting to extend the interim official control adopted
by Ordinance No. 2019-15 for six months; and
WHEREAS, on October 22, 2019, the City Council held a public hearing on Ordinance
No. 2019-31; and
WHEREAS, on October 22, 2019, following the public hearing, the City Council
adopted Ordinance No. 2019-31, extending the interim official control until May 14, 2020; and
WHEREAS, the Planning Commission continued its discussion of permanent regulations
to replace the interim official control adopted by Ordinance No. 2019-15 during its October 24,
2019, December 12, 2019, and January 23, 2020 meetings; and
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in
response to cases of COVID-19 in Washington State; and
WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency
due to the COVID-19 public health emergency; and
WHEREAS, on March 10, 2020, the City Council adopted Resolution No. 2020-06,
affirming the Proclamation of Emergency issued by the City Manager; and
WHEREAS, the COVID-19 public health emergency has had and continues to have
significant impact on City operations; and
WHEREAS, due to the COVID-19 public health emergency, the City Council found that
an additional six-month extension of the interim official control adopted by Ordinance No. 2019-
15 would be necessary given that the emergency posed by the spread of COVID-19 forced the
cancellation of meetings of both the City Council and the Planning Commission; and
WHEREAS, on April 14, 2020, the City Council set a public hearing on Ordinance No.
2020-11 for the April 28, 2020 Council Meeting to extend the interim official control adopted by
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Ordinance No. 2019-15, and initially extended by Ordinance No. 2019-31, for an additional six
months; and
WHEREAS, on April 28, 2020, the City Council held a public hearing on Ordinance No.
2020-11; and
WHEREAS, on April 28, 2020, following the public hearing, the City Council adopted
Ordinance No. 2020-11, extending the interim official control until November 14, 2020; and
WHEREAS, the Planning Commission continued its discussion of permanent regulations
to replace the interim official control adopted by Ordinance No. 2019-15 during its May 28,
2020, June 11, 2020, June 25, 2020, July 23, 2020, and August 13, 2020 meetings; and
WHEREAS, on August 13, 2020, the Planning Commission held a public hearing on
Ordinance No. 2020-04, an ordinance containing permanent small wireless facility design
standards; and
WHEREAS, on August 13, 2020, following the close of the public hearing, the Planning
Commission forwarded Ordinance No. 2020-04 for City Council consideration with a
recommendation proposing several additional changes; and
WHEREAS, relatedly, on August 12, 2020, a three-judge panel of the U.S. Court of
Appeals for the Ninth Circuit entered a decision on five consolidated cases challenging the FCC
Order preempting many aspects of local government regulation of small wireless facilities; and
WHEREAS, based on that court decision, the City needed additional time to analyze the
potential impacts of the Ninth Circuit’s decision as relates to the Planning Commission’s
recommendation and proposed Ordinance No. 2020-04; and
WHEREAS, on October 27, 2020, following a public hearing, the City Council adopted
Ordinance No. 2020-22, further extending the interim control until May 14, 2021; and
WHEREAS, as part of that ordinance, the City Council found that an additional six-
month extension of the interim control was necessary to allow the Council time to develop,
consider, and process permanent regulations to replace the interim control and to solicit
additional public comment from residents regarding design, concealment, and other aesthetic
standards within the longer timeframe permitted by an extension of the interim control; and
WHEREAS, over the subsequent several months, the City engaged in research and
analysis related to the recommendations made by the Planning Commission as set forth in
proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04); and
WHEREAS, in relevant part, the Planning Commission made recommendations that are
based on Kitsap County regulations, and City staff engaged in due diligence regarding those
recommendations and the related Kitsap County regulations, but that work was ongoing at the
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time the interim control was scheduled to expire, so an extension was necessary to allow time to
complete that work; and
WHEREAS, on April 27, 2021, following a public hearing, the City Council adopted
Ordinance No. 2021-14, further extending the interim control until November 14, 2021; and
WHEREAS, the City has continued to be engaged in research and analysis related to the
recommendations made by the Planning Commission via proposed Ordinance No. 2021-05, and
that work has taken longer than expected based on several factors, including that City staff have
been working to reconcile differences between what the Planning Commission is recommending
and what is being recommended by an expert legal consultant the City engaged with to assist in
the drafting of the regulations at issue, and City staff are working to provide to the City Council
the most up-to-date information and analysis related to legal requirements pertaining to those
recommendations, as well as in the context of the experience of Kitsap County in interpreting
and implementing similar regulations, and that work is not yet complete; and
WHEREAS, an extension of the interim regulations is necessary to allow more time for
City staff to work with the City Council to complete the work plan related to the interim
regulations, including the research, analysis, and outreach above described; and
WHEREAS, on October 12, 2021, the City Council set a public hearing on this
Ordinance No. 2021-29 for the October 26, 2021 Council meeting to extend the interim official
control adopted by Ordinance No. 2019-15, and extended by Ordinance Nos. 2019-31, 2020-11,
2020-22, and 2021-14, for an additional six months; and
WHEREAS, on October 26, 2021, the City Council held a public hearing on this
Ordinance No. 2021-29; and
WHEREAS, the City is authorized by state law, including RCW 36.70A.390, to adopt
interim official control ordinances due to a public emergency for the protection of the public
peace, safety, or health while permanent regulations are developed, considered, and processed
through the City’s standard legislative procedures; and
WHEREAS, the City Council finds that the adoption of the interim official control
adopted by Ordinance No. 2019-15 allowed the City to put in place standards to come into
compliance with the FCC Order, while providing a meaningful opportunity for Bainbridge Island
residents to provide input regarding design, concealment, and other aesthetic standards within the
longer timeframe permitted by use of an interim official control ordinance; and
WHEREAS, the City Council finds that an additional six-month extension of the interim
official control adopted by Ordinance No. 2019-15 is necessary to allow City staff and the
Council time to further develop, consider, and process permanent regulations to replace the
interim official control and to solicit additional public comment from residents regarding design,
concealment, and other aesthetic standards within the longer timeframe permitted by an
extension of the interim official control; and
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WHEREAS, the interim official control promotes the public good and is necessary for
the protection of public health, property, safety, and welfare, and the public emergency on which
the interim official control was imposed continues to exist and this ordinance does not change
the basis for the declaration of emergency nor the effective date of the interim official control,
which is May 14, 2019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to extend the interim official control
adopted by Ordinance No. 2019-15 for an additional six-month period, unless terminated earlier
by the City Council, and to adopt an updated work plan for the adoption of permanent
regulations.
Section 2. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council’s initial findings of fact in support of the
interim official control, as initially established by Ordinance No. 2019-15, and as updated in
related Ordinance Nos. 2019-31, 2020-11, 2020-22, and 2021-14.
Section 3. Duration of Interim Official Control Extended. The interim official control
is hereby amended, as also stated in Section 6 below, to extend the duration of the interim
official control until May 14, 2022, six months beyond the current expiration date set by
Ordinance No. 2021-14 which, without this extension, would be November 14, 2021.
Section 4. Interim Official Control Work Plan and Hearing. As provided for under
RCW 35A.63.220 and RCW 36.70A.390, the City Council may at its sole discretion renew an
interim official control for one or more six-month periods if a work plan has been developed, a
public hearing has been held, and findings of fact have been made. The City Council is hereby
extending the interim official control as described herein based on the work plan that has been
developed and is attached and incorporated herein as Exhibit A to this ordinance, the public
hearing that was held related to this ordinance, and the findings of fact related to this interim
official control that have been made in this ordinance, Ordinance No. 2021-29, as well as in
related Ordinance Nos. 2021-14, 2020-22, 2020-11, 2019-31, and 2019-15.
Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. No Change to Basis for Declaration of Emergency or Effective Date;
Extension of Duration. This ordinance shall take effect and be in force five days from and after
its passage and publication as required by law. Provided, that this ordinance is not intended to
change the basis of the emergency declaration stated in Ordinance No. 2019-15, which preceded
this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
(1995), non-exhaustive underlying facts necessary to support this emergency declaration were
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included in the “Whereas” clauses in Ordinance Nos. 2019-15, 2019-31, 2020-11, 2020-22, and
2021-14, as well as in this Ordinance No. 2021-29, and those “Whereas” clauses are adopted as
findings of fact. This ordinance amending the interim official control shall extend the duration of
the interim official control for an additional six-month period, until May 14, 2022, unless
terminated earlier by the City Council. This ordinance does not change the effective date of the
interim official control, which is May 14, 2019. This ordinance or a summary thereof consisting
of the title shall be published in the official newspaper of the City.
PASSED by the City Council this 26th day of October, 2021.
APPROVED by the Mayor this 26th day of October, 2021.
Rasham Nassar, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, CMC, City Clerk
FILED WITH THE CITY CLERK: October 8, 2021
PASSED BY THE CITY COUNCIL: October 26, 2021
PUBLISHED: October 29, 2021
EFFECTIVE DATE: November 3, 2021
ORDINANCE NUMBER: 2021-29
Attachment: Exhibit A
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EXHIBIT A
UPDATED WORK PLAN FOR PERMANENT REGULATIONS
GOVERNING THE DEPLOYMENT OF SMALL WIRELESS FACILITIES
(October 26, 2021)
The City has developed and is proceeding based on the amended and updated work plan
described below to adopt permanent regulations to replace the interim official control adopted by
Ordinance No. 2019-15.
November 2021 through January 2022
• Complete the ongoing research and analysis related to the small wireless facility
regulations being implemented by Kitsap County, and potentially other jurisdictions, as
those regulations relate to the recommendations made by the Planning Commission and
what is required by state and federal law.
January through March 2022
• Consideration by the City Council of the proposed permanent regulations, which are set
forth in proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04).
• If significant changes are recommended to proposed Ordinance No. 2021-05, the City
Council may set a second public hearing on that ordinance to receive additional public
comment.
• Consideration by the City Council of adoption of proposed Ordinance No. 2021-05.
Page 1 of 7
ORDINANCE NO. 2021-14
AN ORDINANCE of the City of Bainbridge Island, Washington, concerning
wireless communication facilities; leaving the effective date of the interim official
control adopted by Ordinance No. 2019-15 unchanged; adopting an updated work
plan; and extending the duration of the interim official control adopted by
Ordinance No. 2019-15, and previously extended by Ordinance Nos. 2019-31,
2020-11, and 2020-22, for an additional six-month period to November 14, 2021.
WHEREAS, the Federal Communications Commission (“FCC”) adopted a Declaratory
Ruling, Order, and Regulation (“FCC Order”), which imposed limitations on local
municipalities, including the City of Bainbridge Island (“City”), regarding processing and review
of all permits associated with the deployment of small wireless facilities; and
WHEREAS, the City Council found that the existence of the federal regulations required
the immediate enactment of administrative procedures and processes which comply with the
FCC Order; and
WHEREAS, on May 14, 2019, in response to the FCC Order, the City Council approved
Ordinance No. 2019-15, adopting an interim official control that created a new Chapter 18.10A,
establishing interim small wireless facility design standards, amended Table 18.09.020, BIMC
18.09.030, and BIMC 18.10.010, and repealed and replaced Chapter 18.11 BIMC; and
WHEREAS, the interim official control adopted by Ordinance No. 2019-15 was
established for a six (6) month period, which the City Council found to be necessary for the
immediate preservation of the public peace, health, and safety; and
WHEREAS, contemporaneous with the consideration of Ordinance No. 2019-15, the
City Council enacted amendments to its existing master permit code provisions, Chapter 19.02
BIMC, and adopted a new Chapter 19.10 BIMC in order to provide a clear permitting procedure
for the deployment of small wireless facilities; and
WHEREAS, on June 11, 2019, the City Council held a public hearing on Ordinance No.
2019-15 to receive public comment on the interim official control; and
WHEREAS, the adoption of aesthetic standards for deployment of small wireless
facilities and utilization of a concurrent process emphasizing administrative review enables
compliance with the federal presumptively reasonable time limits for review of proposed
deployments of small wireless facilities; and
WHEREAS, the City was required to enact administrative procedures and process to
comply with the new presumptive federal safe harbors on or before January 14, 2019; and
Page 2 of 7
WHEREAS, separately, federal law and regulation sets time limits on the processing of
applications for eligible facility requests to expand existing structures which do not substantially
change the height or profile of the structures used to collocate wireless communications
facilities, and which regulations will replace Chapter 18.11 BIMC; and
WHEREAS, on August 13, 2019, the City Council directed the Planning Commission to
begin work on permanent regulations to replace the interim official control adopted by
Ordinance No. 2019-15; and
WHEREAS, on September 12, 2019, the Planning Commission began consideration of
permanent regulations to replace the interim official control adopted by Ordinance No. 2019-15;
and
WHEREAS, on October 8, 2019, the City Council set a public hearing on Ordinance No.
2019-31 for the October 22, 2019 Council Meeting to extend the interim official control adopted
by Ordinance No. 2019-15 for six months; and
WHEREAS, on October 22, 2019, the City Council held a public hearing on Ordinance
No. 2019-31; and
WHEREAS, on October 22, 2019, following the public hearing, the City Council
adopted Ordinance No. 2019-31, extending the interim official control until May 14, 2020; and
WHEREAS, the Planning Commission continued its discussion of permanent regulations
to replace the interim official control adopted by Ordinance No. 2019-15 during its October 24,
2019, December 12, 2019, and January 23, 2020 meetings; and
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in
response to cases of COVID-19 in Washington State; and
WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency
due to the COVID-19 public health emergency; and
WHEREAS, on March 10, 2020, the City Council adopted Resolution No. 2020-06,
affirming the Proclamation of Emergency issued by the City Manager; and
WHEREAS, the COVID-19 public health emergency has had and continues to have
significant impact on City operations; and
WHEREAS, due to the COVID-19 public health emergency, the City Council found that
an additional six-month extension of the interim official control adopted by Ordinance No. 2019-
15 would be necessary given that the emergency posed by the spread of COVID-19 forced the
cancellation of meetings of both the City Council and the Planning Commission; and
WHEREAS, on April 14, 2020, the City Council set a public hearing on Ordinance No.
2020-11 for the April 28, 2020 Council Meeting to extend the interim official control adopted by
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Ordinance No. 2019-15, and initially extended by Ordinance No. 2019-31, for an additional six
months; and
WHEREAS, on April 28, 2020, the City Council held a public hearing on Ordinance No.
2020-11; and
WHEREAS, on April 28, 2020, following the public hearing, the City Council adopted
Ordinance No. 2020-11, extending the interim official control until November 14, 2020; and
WHEREAS, the Planning Commission continued its discussion of permanent regulations
to replace the interim official control adopted by Ordinance No. 2019-15 during its May 28,
2020, June 11, 2020, June 25, 2020, July 23, 2020, and August 13, 2020 meetings; and
WHEREAS, on August 13, 2020, the Planning Commission held a public hearing on
Ordinance No. 2020-04, an ordinance containing permanent small wireless facility design
standards; and
WHEREAS, on August 13, 2020, following the close of the public hearing, the Planning
Commission forwarded Ordinance No. 2020-04 for City Council consideration with a
recommendation proposing several additional changes; and
WHEREAS, relatedly, on August 12, 2020, a three-judge panel of the U.S. Court of
Appeals for the Ninth Circuit entered a decision on five consolidated cases challenging the FCC
Order preempting many aspects of local government regulation of small wireless facilities; and
WHEREAS, based on that court decision, the City needed additional time to analyze the
potential impacts of the Ninth Circuit’s decision as relates to the Planning Commission’s
recommendation and proposed Ordinance No. 2020-04; and
WHEREAS, on October 27, 2020, following a public hearing, the City Council adopted
Ordinance No. 2020-22, further extending the interim control until May 14, 2021; and
WHEREAS, as part of that ordinance, the City Council found that an additional six-
month extension of the interim control adopted by Ordinance No. 2019-15 was necessary to
allow the Council time to develop, vet, and process permanent regulations to replace the interim
control and to solicit additional public comment from residents regarding design, concealment,
and other aesthetic standards within the longer timeframe permitted by an extension of the
interim control; and
WHEREAS, over the past several months, the City has been engaged in additional
research and analysis related to the recommendations made by the Planning Commission via
proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04); and
WHEREAS, in relevant part, the Planning Commission made recommendations that are
based on regulations in place in Kitsap County, and City staff is conducting due diligence
regarding those recommendations and the related Kitsap County regulations, and that due
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diligence is not yet complete so an extension of the interim control is necessary to allow time to
complete that work; and
WHEREAS, an extension of the interim regulations is necessary so that City staff can
work with the City Council on completing the work plan related to the interim regulations,
including related to what is being recommended by the Planning Commission; and
WHEREAS, on April 13, 2021, the City Council set a public hearing on this Ordinance
No. 2021-14 for the April 27, 2021 Council meeting to extend the interim official control
adopted by Ordinance No. 2019-15, and extended by Ordinance Nos. 2019-31, 2020-11, and
2020-22, for an additional six months; and
WHEREAS, on April 27, 2021, the City Council held a public hearing on this Ordinance
No. 2021-14; and
WHEREAS, the City is authorized by state law, including RCW 36.70A.390, to
expeditiously adopt interim official control ordinances due to a public emergency for the
protection of the public peace, safety, or health while permanent regulations are developed,
vetted, and processed through the City’s standard legislative procedures; and
WHEREAS, the City Council finds that the adoption of the interim official control
adopted by Ordinance No. 2019-15 allowed the City to put in place standards to come into
compliance with the FCC Order, while providing a meaningful opportunity for Bainbridge Island
residents to provide input regarding design, concealment, and other aesthetic standards within the
longer timeframe permitted by use of an interim official control ordinance; and
WHEREAS, the City Council finds that an additional six-month extension of the interim
official control adopted by Ordinance No. 2019-15 is necessary to allow the Council time to
further develop, vet, and process permanent regulations to replace the interim official control and
to solicit additional public comment from residents regarding design, concealment, and other
aesthetic standards within the longer timeframe permitted by an extension of the interim official
control; and
WHEREAS, the interim official control promotes the public good and is necessary for
the protection of public health, property, safety, and welfare, and the public emergency on which
the interim official control was imposed continues to exist and this ordinance does not change
the basis for the that declaration of emergency nor the effective date of the interim official
control, which is May 14, 2019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to extend the interim official control
adopted by Ordinance No. 2019-15 for an additional six-month period, unless terminated earlier
by the City Council, and to adopt an updated work plan for the adoption of permanent
regulations.
Page 5 of 7
Section 2. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council’s initial findings of fact in support of the
interim official control, as initially established by Ordinance No. 2019-15.
Section 3. Duration of Interim Official Control Extended. The interim official control
is hereby amended, as also stated in Section 6 below, to extend the duration of the interim
official control until November 14, 2021, six months beyond the current expiration date set by
Ordinance No. 2020-22 which, without this extension, would be May 14, 2021.
Section 4. Interim Official Control Work Plan and Hearing. As provided for under
RCW 35A.63.220 and RCW 36.70A.390, the City Council may at its sole discretion renew an
interim official control for one or more six-month periods if a work plan has been developed, a
public hearing has been held, and findings of fact have been made. The City Council is hereby
extending the interim official control as described herein based on the work plan that has been
developed and is attached and incorporated herein as Exhibit A to this ordinance, the public
hearing that was held related to this ordinance, and the findings of fact related to this interim
official control that have been made in this ordinance, Ordinance No. 2021-14, as well as in
related Ordinance Nos. 2020-22, 2020-11, 2019-31, and 2019-15.
Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. No Change to Basis for Declaration of Emergency or Effective Date;
Extension of Duration. This ordinance shall take effect and be in force five days from and after
its passage and publication as required by law. Provided, that this ordinance is not intended to
change the basis of the emergency declaration stated in Ordinance No. 2019-15, which preceded
this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
1995), non-exhaustive underlying facts necessary to support this emergency declaration were
included in the “Whereas” clauses in Ordinance Nos. 2019-15, 2019-31, 2020-11, and 2020-22,
as well as in this Ordinance No. 2021-14, and those “Whereas” clauses are adopted as findings of
fact. This ordinance amending the interim official control shall extend the duration of the interim
official control for an additional six-month period, until November 14, 2021, unless terminated
earlier by the City Council. This ordinance does not change the effective date of the interim
official control, which is May 14, 2019. This ordinance or a summary thereof consisting of the
title shall be published in the official newspaper of the City.
Page 6 of 7
PASSED by the City Council this 27th day of April, 2021.
APPROVED by the Mayor this 27th day of April, 2021.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: April 9, 2021
PASSED BY THE CITY COUNCIL: April 27, 2021
PUBLISHED: April 30, 2021
EFFECTIVE DATE: May 5, 2021
ORDINANCE NUMBER: 2021-14
Attachment: Exhibit A
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EXHIBIT A
WORK PLAN FOR PERMANENT REGULATIONS GOVERNING
THE DEPLOYMENT OF SMALL WIRELESS FACILITIES
April 27, 2021)
The City has developed and is proceeding based on the amended and updated work plan
described below to adopt permanent regulations to replace the interim official control adopted by
Ordinance No. 2019-15.
May 2021 through June 2021
Continue gathering information and conducting due diligence related to the small
wireless facility regulations being implemented by Kitsap County, and potentially other
jurisdictions, as those regulations relate to the recommendations made by the Planning
Commission and what is required by state and federal law.
July through August 2021
Consideration by the City Council of any revisions made to the proposed ordinance that
will implement the proposed permanent regulations, which are stated in proposed
Ordinance No. 2021-05 (formerly Ordinance No. 2020-04).
If significant changes were made to Ordinance No. 2021-05, the City Council may set a
second public hearing on that ordinance to receive additional public comment.
Consideration by the City Council of adoption of Ordinance No. 2021-05.