3/25/2019 8:08:59 AM
2/26/2019 12:26:40 PM
ADOPTING A NEW CODE CHAPTER 19.68 ENTITLED “WIRELESS SERVICE FACILITIES”, REGULATING THE PLACEMENT AND FORM OF WIRELESS SERVICE FACILITIES, AND REPEALING ATTACHMENT A, CHAPTER 17.63 OF ORDINANCE NO. 2794
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CITY OF ANACORTES <br /> ORDINANCE NO. 3038 <br /> AN ORDINANCE OF THE CITY OF ANACORTES,WASHINGTON,ADOPTING A <br /> NEW CODE CHAPTER 19.68 ENTITLED "WIRELESS SERVICE FACILITIES", <br /> REGULATING THE PLACEMENT AND FORM OF WIRELESS SERVICE <br /> FACILITIES,AND REPEALING ATTACHMENT A, CHAPTER 17.63 OF <br /> ORDINANCE NO. 2794 <br /> THE CITY COUNCIL OF THE CITY OF ANACORTES,WASHINGTON, DOES <br /> ORDAIN AS FOLLOWS: <br /> Section 1. Preamble. <br /> 1. WHEREAS, the Telecommunications Act, 47 U.S.C. § 332, preserves local government <br /> zoning authority over the placement, construction, and modification of personal wireless <br /> services. <br /> 2. WHEREAS, Washington state law preserves local governments' ability to regulate the <br /> placement of wireless facilities through their local zoning or police power, under RCW <br /> 35.99.040. <br /> 3. WHEREAS, the City code does not currently provide for colocation of wireless facilities <br /> under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 <br /> U.S.C. § 1455(a). <br /> 4. WHEREAS, the City code does not currently provide for zoning or aesthetic criteria, shot <br /> clocks, or colocation procedures for small wireless facilities under Federal <br /> Communications Commission Order No. FCC 18-133. <br /> 5. WHEREAS, the City code does not currently provide a State Environmental Policy Act <br /> exemption for certain wireless services facilities under WAC 197-11-800(25). <br /> 6. WHEREAS, the City finds that a substantial amount of time was spent by applicants (and <br /> the City) deciphering the siting requirements pertaining to wireless facilities under the <br /> City's prior code section 17.68, and seeks to streamline the application and review <br /> process by enacting this new code section, 19.68. <br /> 7. WHEREAS, the City has received proposed changes to the new code section from <br /> citizens and agencies (including the City); <br /> 8. WHEREAS, the proposed new code section has been the subject of public hearings <br /> before the Planning Commission and subject to SEPA review; <br /> 1/27 <br />
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