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HomeMy WebLinkAbout3734 Ordinance ORDINANCE NO._� AN ORDINANCE relating to Zoning amending PMC Title 25 dealing with wireless communication towers. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the zoning regulations to be reviewed to insure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.70.070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.70.070 COMMUNICATION TOWERS. (1) Communication Towers as defined in 25.12.150 are permitted in all residential districts for non- commercial purposes provided: (a) Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building; (b) Such structures shall not exceed a height of 10 feet within a required side or rear yard; (c) Such structures shall not exceed a height of 80 feet within the rear yard set back area; and, (d) Not more than one such structure per lot or parcel shall exceed a height of 30 feet. (2) Wireless Gemmunieatien Towers are per-mittediindef the felle eend tie zoning distfiets pr-evided the leeation is 500 feet of- ffier-e from residential distr-iet. Any leeatien eleser than 500 feet re Tial permit approval.. (i) Att-aehed to e-.-iee-a-e station,building that is higher- than thirty five (35) feet; water fire peliee station, faeffity.- plans must be—designed and stamped by a hee pr-efessienal engineer, faeflity owner- within 6 months of the date the f6eility eeases to be Section 2. That a new Section 25.70.075 of the Pasco Municipal Code be and the same is hereby enacted to read as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (a) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. ALiy location closer than 500 feet requires special permit approval. b Such structures mgay be permitted by s ecial permit in all other zoning districts provided said structures are: i Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (ii) Located on or with a publicly owned facilily such as a _water reservoir, fire station police station school, county or port facility. (c) All wireless communication facilities shall comply with the following standards 1) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategy location color, stealth technologies, and/or other measures to achieve minimum visibility of the facilitywhen viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. 2 2) Tireless facilities shall be located in the City in the following order of preference: aj Attached to or located on buildings or structures higher than 35 feet. bj Located on or with a publicly owned facility c) Located on a site other than those listed in a orb . 3 If an a1212licant chooses to construct a new freestanding wireless communication facility, the burden of roof shall be on the a licant to show a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The cijy reserves the right to retain a qualified consultant at the applicant's expense to review the supporting documentation for accuracy. (d) All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Additionally all tower construction plans must be designed and stamped by a licensed professional engineer. e All wireless communication facilities shall be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2005. � C� Michael L. Garrision (� Mayor A T: APPR D SS TO FORM: r Sandy L. enworthy Leland B. Kerr Deputy City Clerk City Attorney 3