Not an official copy.

Spokane, WA
Ordinance No. C32796

AN ORDINANCE OF THE CITY OF SPOKANE, WASHINGTON, IMPOSING A MORATORIUM REGARDING APPLICATIONS FOR LAND USE PERMITS FOR WIRELESS TELECOMMUNICATIONS FACILITIES; AND DECLARING AN EMERGENCY

WHEREAS, the increasing use of cellular telephones, new wireless telecommunications 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 telecommunications 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 telecommunications facilities; and

WHEREAS, the City of Spokane finds it necessary to develop a revised zoning ordinance which will include proper and better criteria to regulate these facilities, in response to increasing concern about the proliferation of wireless telecommunications 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 telecommunications 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 telecommunications facilities and develops appropriate land use controls for the emerging technology; and

WHEREAS, RCW 35.99.050 authorizes the City to adopt a moratorium on construction and siting of wireless telecommunications facilities when a local government needs time to review and possibly amend its land use regulations to adequately address issues relating to the siting of wireless telecommunications facilities in a manner that addresses local concerns, provides the public with access to wireless services for its safety, convenience and productivity, and complies with the Telecommunications Act of 1996 consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association (Agreement), and

WHEREAS, RCW 35.63.200 provides that, "A council or board that adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the adopted moratorium or interim zoning control within at least sixty days of its adoption, whether or not the council or board received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact justifying its action before this hearing, then the council or board shall do so immediately after this public hearing. A moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium or interim zoning control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal"; and

WHEREAS, RCW 36.70A.390 provides that, "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, RCW 35.63.200 or RCW 36.70A.390, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal"; and

WHEREAS, moratoriums and interim zoning control enacted under RCW 35.99.050, RCW 35.63.200 or RCW 36.70A.390 are methods by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and

WHEREAS, RCW 35.63.200 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing; and

WHEREAS, pursuant to WAC 197-11-880, the adoption of this resolution is exempt from the requirements of a threshold determination under the State Environmental Policy Act.

WHEREAS, the City Council adopts the foregoing as its findings of fact justifying its adoption of this ordinance.

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 SPOKANE, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Moratorium Imposed.

A) A moratorium is imposed on all applications for land use permits for wireless telecommunications facilities, excluding those applications for facilities that would be co-located with existing facilities, unless the applications were complete, as provided in the Spokane Municipal Code prior to the effective date of this ordinance.

B) 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 telecommunications 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 and buildings serving wireless communications facilities or on such facilities constructed pursuant to completed applications under subsection A above and locations on rooftops in business zones other than B-1.

Applications During Moratorium.

During the time that the moratorium is in effect, the City will continue to accept and process applications (e.g., assigning docket numbers and other administrative aspects associated with the filing of applications), subject to ordinance provisions as may be revised during the moratorium.

Section 3. Revision to Land Use Code.

The Department of Planning will work on the preparation of land use regulations governing placement of wireless telecommunications facilities within the City and shall submit them for consideration by the Plan Commission and City Council.

The City will work with affected wireless service providers to expeditiously and effectively address issues leading to the lifting of the moratorium. In doing so, the city will work on the review and possible revisions to its land use regulations in order that the moratorium can terminate within its defined period of time, and that both local planning goals and the goals of the Telecommunications Act of 1996 with respect to wireless telecommunications services be met.

Participation.

The city shall include both the community and the industry in the development of local regulations concerning tower and antenna siting. Public notice and participation in accordance with the local government's standard practices should be followed.

Time Period of Moratorium

The moratorium shall be for a period not to exceed 90 days during so as allow enough time to adequately address the issues described in Guideline A of the Agreement. Pursuant to RCW 35.63.200, the City Council shall conduct a public hearing on the moratorium within sixty (60) days of the adoption of this ordinance. The foregoing notwithstanding, the length of a moratorium may need to be longer than 90 days and in such event the city shall have a hearing prior to the passage of 90 days and adopt if necessary an extension of the moratoria. An extension of the moratorium may be renewed for one or more 180 day periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

Dispute Resolution Process.

The City, pursuant to the Agreement, will, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation.

Notice.

Notice of, and hearing on this ordinance in the normal course, would undermine effective City planning by allowing land use applications for wireless telecommunications 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.

Severability.

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.

Emergency Ordinance.

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 30^th day of January, 2001.

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Council President

APPROVED by the Mayor this ____ day of January, 2001.

John Powers, Mayor

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John Powers, Mayor

ATTEST/AUTHENTICATE:

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Terri Pfister, City Clerk

APPROVED AS TO FORM:

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Michael F. Connelly, Interim City Attorney