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Home My WebLink About2013-014 Moratorium on Telecommunication Towers; Set Hearing DateORDINANCE NO. 2013 -014 AN ORDINANCE of the City of Yakima, Washington, adopting a six -month moratorium on the filing and acceptance of development applications for, the installation of, and issuance of permits and approvals for, telecommunication towers, cell towers, communication towers, and facilities related to such uses, within the City of Yakima; directing development of comprehensive zoning and business regulations pertaining to such towers and related facilities; providing that the moratorium shall be in effect for six months, through October 1, 2013; declaring an emergency in the passage of this ordinance providing for immediate effective date; and setting May 21, 2013 as the date for the public hearing on the moratorium. WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to adopt an ordinance imposing a moratorium and provide a process for public hearing which must be held within sixty days of the date of adoption of the moratorium; and WHEREAS, the City Council finds and determines that the City of Yakima needs time to consider additional zoning regulations, health and safety regulations, and licensing regulations which would deal specifically with the location, design, construction, maintenance and operation of telecommunication towers, cell towers, communication towers, and facilities related to such uses (hereinafter collectively referred to as "telecommunication towers ") within the City of Yakima, and the City Council has therefore decided to impose a moratorium for the term of six months, commencing on the effective date of this ordinance and extending through October 1, 2013, in order to study the issue as determined by the City Council and to adopt appropriate regulations and WHEREAS, the City Council finds and determines that imposition of a moratorium is necessary to (a) provide the City with an opportunity to study the issues regarding siting, zoning and regulation of telecommunication towers within the boundaries of the City of Yakima; (b) to protect the health, safety and welfare of residents of the city, and to preserve and promote development of comprehensive regulations for siting, zoning, screening and maintenance of telecommunication towers within the city; and (c) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulations and codes as a result of the City's study of this matter; and WHEREAS, the City Council finds, determines and concludes that an emergency exists, to wit: (a) the City of Yakima has learned of recent inquiries and proposals being discussed with regard to locating telecommunication towers within the city, including proposals for locating such uses within or in close proximity to residential neighborhoods; (b) neither City staff nor the Planning Commission have had sufficient opportunity to review the effects of telecommunication tower uses with regard to concerns for economic development, preservation and /or promotion of site compatibility, preservation and protection of the rights of residents to the quiet use and enjoyment of their residential property and neighborhoods, and safety within the city, and development of a comprehensive plan, program or regulation coordinating the preservation and promotion of residential, commercial and industrial districts with the needs and uses of the telecommunication industry; and (c) the immediate imposition of this moratorium will preserve the status quo to enable the City to further study the effects of such uses and to devise appropriate zoning and regulatory controls to address the effects of such uses; and WHEREAS„ the City Council authorizes and directs the City Manager to 1) review existing City codes and zoning regulations affecting telecommunication tower siting, 2) further study the effects resulting from locating telecommunication towers within the boundaries of the city, 3) prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses, 4) to confer with community members, City advisory commissions and telecommunication providers in accord with the requirements of RCW 35.99.050, as shall be necessary and appropriate, and 5) to present recommended legislation addressing such issues to the City Council for consideration, public comment and action; and WHEREAS, the City Council finds and determines that a public hearing on this moratorium should be held on May 21, 2013, whereupon the City Council may adopt findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and WHEREAS, notwithstanding the term of six months set forth above for the moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by the City Council in accordance with applicable law; (b) extended for additional term(s) of six months upon action following public hearing and adoption of findings in support thereof; (c) terminated by the City Council upon adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for any reason deemed necessary or appropriate; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Moratorium Established. From and after the effective date of this ordinance, the City shall not allow the filing of or accept any application for a building permit, tenant improvement, business license, business registration, nonprofit license, permit, subdivision, short subdivision, site plan review, or any other development for any telecommunication tower, cell tower, communication tower, and related facilities, land, structure or use, within the boundaries of the City of Yakima. As used in this ordinance, the following terms have the meanings set forth below: A. "Telecommunication tower" includes a "communication tower" as defined in YMC 15.04.180 and Chapter 15.04 YMC, and "personal wireless service facilities" defined and regulated by Telecommunications Act of 1996, Pub. Law 104 -104, 110 Stat. 56 (1996), and Section 302(c) thereof, codified at 47 U.S.0 Section 302(c). The term includes towers and facilities commonly known as "cell towers" and other towers or structures consisting of freestanding or monopole construction. B. "City" means the City of Yakima and all zoning districts within such city. 2 In addition to the above definitions and as necessary to interpret or apply this Ordinance, the City hereby adopts those definitions and provisions of the Yakima Municipal Code pertaining to land use, zoning, design and regulation. Section 2. Exemptions — Vested Rights — Repair and Mandated Safety Improvements — Collocation. The moratorium shall not apply to applications for new telecommunication towers and related facilities, or permits for relocation of existing telecommunication towers and facilities, that have vested prior to the effective date of this ordinance, permit applications to conduct repair of existing telecommunication towers and facilities, permit applications to implement safety improvements for existing telecommunication towers and facilities as mandated by state or federal standards, or permit applications for collocation on any existing telecommunication tower or facility that do not extend the height or area of such existing facility. Applications which are legally vested as of the effective date of this ordinance shall continue to be processed as provided in the Yakima Municipal Code and according to the land use regulations in effect on the date of vesting. Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public hearing will be held on Tuesday, May 21, 2013, for the purpose of taking testimony and, if this ordinance is passed, adopting written findings and conclusions justifying the moratorium established by this ordinance. Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance shall become effective immediately upon passage and approval of the City Council, and shall remain in effect for six months, through October 1, 2013, subject to adoption of findings and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the adoption of permanent regulations governing the location, land use and regulation of telecommunication towers and facilities. Notwithstanding the above, this moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200. Section 5. Directive to City Manager. The City Council hereby authorizes and directs the City Manager to review existing City codes and zoning regulations; to study the effects resulting from the siting of telecommunication facilities; to prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses; to confer with community members, City advisory commissions as appropriate and with members of the telecommunication industry that wish to take part in the review and code development process in accord with the requirements of RCW 35.99.050; and to present recommended legislation addressing such issues to the City Council for consideration and action. Section 6. Declaration of Emergency. Pursuant to Article VI Section 2 of the Charter of the City of Yakima, the City Council finds, determines and declares that this ordinance is an emergency ordinance to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of this emergency ordinance. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 3 Section 8. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to the Washington State Department of Commerce as required by law or otherwise posted, published or recorded as permitted by law. Section 9. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law and the City Charter. PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved this 2nd day of April, 2013. � A wl1 Micah Caw ey, Mayor ATTEST J NOl ti r Xk. 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