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Home My WebLink About3225 OrdinanceORDINANCE NO3aa5- AN ORDINANCE relating to zoning and amending PMC Title 22 and adding provisions for wireless communications towers in Chapter 22 68 WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure that 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 reviews the zoning regulations with respect to needs and changes within the community, and, WHEREAS, the Planning Commission conducted a public hearing and recommended changes to Chapter 22 that would provide regulations for wireless communication towers The City Council reviewed the Planning Commision recommendations and determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 22, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 22 12213 is hereby amended to reads as follows 22 12 213 Communication Tower A free-standing or building mounted structure, including appurtenances and antenna intended for airway communication purposes, such as a television antenna or HAM radio tower This definition does not include wireless communication towers defined in 22 12 840 Section 2. That PMC chapter 22 12 is hereby amended to include a new subsection 22 12 840, to reads as follows 22 12 840 Wifeless Communication Towers Wireless Communication Towers Means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial or personal communications Wireless Communication Towers are composed of two or more of the following components Antenna 12) Support structure Equipment Enclosure Security Barrier Section 3. That PMC Section 22 68 090 is hereby amended to include a new subsection 22 68 090 (2), to reads as follows 22 68 090 (2) Wireless Communication Towers as defined in 22 12 840 are permitted in the City under the following conditions Charles D Kilbury Mayor (a) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location in the district is 500 feet or more from a residential district Any location closer than 500 feet requires special permit approval (b) Such structures may be permitted by special pellint in all other zoning districts provided said structures are, (1) attached to or located on an existing or proposed building that is higher than 35 feet. or (2) located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility (c) All applications for building permits must be accompamed 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 (d) 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 4. This ordinance shall be in full force passage and publication as required by law r PASSED by the City Council of the City of Pasco, at I ] , 1997 and effect five days after its regular meeting, March ATTEST CATHERINE D SEAMAN Leland B Kerr Deputy City Clerk City Attorney I i 1 t s f C C tl c ii r e r a a V # _ A E rE , I t :...---",/ f iztv , -;;;-------,-- PASCO, WASHINGTON 99302 2608 - P0 BOX 2608 PHONE (509) 582-1500 LEGAL J DVE MING INVOICE SOLD TO PASCO. CITY OF LEGALS P.O. BOX 29 PASCO WA 99301 DATE (-)7 /23 /.." 'LEGAL NO #649 ACCOUNT NO 50550 DESCRIPTION 4,1649 ORDINANCCE NO.. 32a5AN TIMES 001 LINES 1..0U TOTAL $ 155.50 NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment ORDINAMCE NO 3225 AN ORDINANCE relatinc. to zoning and amending. PMC Title -,? and aodinc provisions for wireless communications towers in Chapter 22 68 WHEREAS cities have the responsibility to regulate and control the physical de velopment within their bor-, ders and insure that thel public health safety and welfare are maintained and WHEREAS the City of Pasco has zoning reg- ulations that encourage or- derly growth and develop- ment of the City and WHEREAS from time to time the City Council re- views the zoning reg- ulations with respect to needs and changes within the community and WHEREAS the Planning Commission conducted a public hearing and recom- mended changes to Chap ter 22 that would provide regulations for wireless communication towers The City Council reviewed the Planning Commision recommendations and de- termined that to further the purpose of the comprehen- sive planning and to main- tain and protect the welfare of the community it is nec- essary to amend PMC Title 22 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DOES ORDAIN AS FOLLOWS Section 1 That PMC Sec Son 22 12213 is hereby amended to reads as to lows 22 12 213 Communication , Tower A free standing or building mounted structure including appurtenances and antenna intended for I airway communication pur poses such as a television antenna or HAM radio tower This definition does not include wireless com- munication towers defined in 22 12 840 Section 2 That PMC chap ter 22 12 is hereby amended to include a new subsection 22 12 840 to reads as follows 22 12 840 Wireless Corn munication Towers Wire less Communication Towers Means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial or personal communications Wireless Communication Towers are Composed of two or more of the following compo- nents a) Antenna b) Support structure c) Equipment Enclosure d) Security Barrier Section 3 That PMC Sec von 22 68 090 is hereby amended to include a new subsection 22 68 090 (2) to reads as follows 22 bb U&V tet vvireiess Communication Towers as defined in 22 12 840 are permitted in the City under the following conditions (a) Such structures shall be permitted in all industrial or C-3 zoning districts pro- vided the location in the district is 500 feet or more from a residential district Any location closer than 500 feet requires specie. ,permit approval (b)Such structures may be ;permitted by special permit in all other zoning districts ,provided said structures are (1) attached to or 10- ,cated on an existing or pro- posed building that is higher than 35 feet or (2) located on or with a pub- licly owned facility such as a water reservoir fire sta tion police station school county or port facility (c) All applications for building permits must be accompanied by verifica- tion of approval by the Fed- eral Communications Com- mission (FCC) the Federal Aviation Administration (FAA) and any other state or federal requirements for itower design and location Additionally all tower con Struction plans must be de- signed and stamped by a licensed professional engi- neer (d) All wireless communi- cation facilities shall be re- moved by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair Section 4 This ordinance shall be in full force and effect five days after pas sage and publication as re- quired by law PASSED by the City Coun- cil of the City of Pasco at its regular meeting March 17 1997 s Charles D Kilbury Mayor Attest -s- Catherine D Seaman Deputy City Clerk Approved as to Form -s Leland P Kerr City Attorney #649 3/23/97 AFFEW flT OF ENS L11CATIO&Y COUNTY OF BENTON SS STATE OF WASHINGTON I. IM BEZOLD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a ittE 43 ORD I NANCCE NO . 3225AN as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on rj-../23 /97 , and ending on 0:/8.I/ 97 , and that said newspaper was regulary distributed to its subscribers during all of this period ,l'<( ii/(‘ ) et g( SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF Vka-Ye...Lt , 6C/ I ow EW.4.1/ ,Lied Notary public in and for the State of Wash- ington, residing at 14eanevirak -RICI-ILAND ,, WA COMMISSION EXPIRES 03/16/00 1, I I I i 1