Ordinance 30170006.150.016A
WSS /are
04/06/95
ORDINANCE NO. 3017
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING PURSUANT TO THE
AUTHORITY GRANTED BY RCW 36.70A.390 A
MORATORIUM ON THE PERMITTING OR APPROVAL OF
ANY ANTENNA OR TOWER STRUCTURE FOR THE USE IN
CELLULAR TELEPHONE ACTIVITIES, EXEMPTING ANY
RECEIVING OR TRANSMITTING ANTENNA STRUCTURE
REGULATED BY THE FCC AND WHICH THE CITY IS
PREEMPTED FROM REGULATING, PROVIDING FOR A
PUBLIC HEARING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE MORATORIUM, DECLARING AN
EMERGENCY AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council finds that the technological requirements of antenna
structures for the transmission and receipt of cellular telephone services are not adequately
permitted nor regulated under the existing provisions of the Edmonds Community Development
Code, and
WHEREAS, the City Council finds that some of the most effective sites for the
transmission and receipt of such line of sight radio signals lie within residential neighborhoods
or are immediately adjacent to residential neighborhoods of the City in areas incompatible with
such use, and
WHEREAS, the City wishes to review the regulatory efforts of other communities
to strike a proper balance between the needs of its citizens and the industry which provides for
effective service without unduly impacting the essentially residential character of the City of
Edmonds, and
98456.1 -1-
WHEREAS, the City Council finds that the enactment of this ordinance constitutes
an emergency due to the failure of the current Edmonds codes to consider the scientific and
health impacts, if any, from such facilities as well as the unnecessary burden on the industry of
attempting to process applications under a structure ill- suited to review of the technological
issues involved, the City Council finds that a potential public health emergency and impacts on
the health, safety and welfare of the City justify the declaration of an emergency, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A zoning moratorium is hereby declared with respect to the issuance
of conditional use and /or building permits for antennas for the receipt or transmission of cellular
telephone and similar radio transmissions for a period of six months from the effective date of
this ordinance. This moratorium specifically exempts any radio transmission or receiving
antenna or device preempted from regulation by the Federal Communications Commission (FCC)
under PRB -1 or any other federal rule, law or regulation and shall be interpreted to exempt
federally regulated facilities preempted from local regulation to the full extent required by
federal law.
Section 2. The City Council hereby establishes an ad hoc advisory commission
regarding cellular tower transmission and directs the members of the committee, appointed by
contemporaneous action of the City Council, to make a report to the City Council on or before
the 6th day of June, 1995. Such date is within 60 days of the date of passage of this ordinance.
98456.1 -2-
The City Clerk is directed to provide notice of a public hearing as required by RCW
36.70A.390.
Section 3. Emergency Effective Date. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect immediately upon passage by
unanimous vote of the members of the City Council.
APPROVED:
i
ATTEST /AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 03/30/95
PASSED BY THE CITY COUNCIL: 04/04/95
PUBLISHED: 04/09/95
EFFECTIVE DATE: 04/04/95
ORDINANCE NO. -ini 7
98456.1 -3-
SUMMARY OF ORDINANCE NO. 3013,
of the City of Edmonds, Washington
On the 4th day of Apri 1 , 199 5 , the City Council of the City of Edmonds,
passed Ordinance No. 3017 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING
PURSUANT TO THE AUTHORITY GRANTED BY RCW 36.70A.390 A MORATORIUM
ON THE PERMITTING OR APPROVAL OF ANY ANTENNA OR TOWER STRUCTURE
FOR THE USE IN CELLULAR TELEPHONE ACTIVITIES, EXEMPTING ANY
RECEIVING OR TRANSMITTING ANTENNA STRUCTURE REGULATED BY THE FCC
AND WHICH THE CITY IS PREEMPTED FROM REGULATING, PROVIDING FOR A
PUBLIC HEARING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE
MORATORIUM, DECLARING AN EMERGENCY AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of Apri 1. , 199 5
CI Y CLERK, ONDA 7. MARCH
STATE OF WASHINGTON,
COUNTY OF SNOHOD &ISH,
SUMMARY OF ORDINANCE NO. 3017
of the City of Edmonds, Washington
4th day of April, 1995 the City Council of the City of
passed Ordinance ho. 3017. A summary of the
I said ordinance, consisting of the title, provides as
text of this Ordinance will be mailed upon request.
this 5th day of April, 1995.
April 9, 1995. RHONDA J. MARCH, City Clerk
s - z - t
L"
Affidavit of Publication
RECEIvED
MAY z 3
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3017
....................................................................................................... ...............................
City o f Edmonds
.............................................. ............................... .......................... ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
APri1:... 9..,..... 1. 9. 9. 5 ............................................................. ......................... . . . . ..
................................................................................................. ............... ................
and that sai �ewspaper was regularly distributed to its subscribers
during a aid period.
........... _ --------------------------
Principal Clerk
Subscribed and sworn to before me this ........22nd
dayf .............. .....: . ... .... .. . ..... .......... ay............, 19..9.5.
Notary Public in and for the S ate o Washin on,
residing at Everett, Snohomis Courjiy.
WAS ��
�