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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 �� �