Ordinance 2290-98 - Laserfiche WebLink

ORDINANCE NO. 2290-98 An Ordinance Amending Zoning Ordinance#1671-89, as Amended (Title 19, EMC), as it Pertains to "Above Ground Utility and Communications Facilities" WHEREAS,the City adopted Ordinance #1671-89 establishing a new Zoning Code for the City of Everett, which includes the term"above ground utility and communications facilities" as a use which is regulated within the Use-Standards Tables of the various use zones in the City; and WHEREAS, Section 41.150.D.1.c of Ordinance#1671-89, as amended (EMC 19.41.150.D.1.c), includes specific regulations and limitations pertaining to "above ground utility and communications facilities;" and WHEREAS, Section 39.040.A.1 of Ordinance#1671-89, as amended(EMC 19.39.040.A.1), contains regulations concerning height and setbacks for antennas; and WHEREAS, Section 704 of the federal Telecommunications Act of 1996, 47 USC Section 332(c)7,provides that units of local government may, pursuant to their inherent zoning authority, regulate the placement, construction and modification of personal wireless service facilities, provided that the unit of local government does not unreasonably discriminate among providers of functionally equivalent services, or prohibit or have the effect of prohibiting the provision of personal wireless services; and WHEREAS, the City Council finds that wireless communications facilities, including personal wireless service facilities, require large structures or towers, whose height may not generally be compatible, as a matter of sound planning,with adjoining residential property; and WHEREAS,the City Council further finds that the public interest is best served by enacting specific siting regulations which will provide for the placement of wireless communications facilities, including personal wireless service facilities, in areas least likely to negatively affect residential property and other uses; and WHEREAS,the Utilities Element of the City of Everett Growth Management Comprehensive Plan adopted in 1994 includes the following policies concerning the siting of utility facilities: 1.b(2) Promote the efficient use of land and minimize environmental disturbance by requiring co-location of utilities whenever possible and appropriate, as well as the appropriate re-vegetation of the corridor or site. 1