HomeMy WebLinkAbout4860 AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adding a new section to Chapter 21.02 of
the Bremerton Municipal Code providing standards for the siting
of wireless telecommunications facilities.
WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104-104,
110 stat. 56, 31-136, hereinafter the "Act") was designed to remove regulatory barriers and
encourage competition among all types of communication companies; and
WHEREAS, the Act ratifies the authority of local govermnents to regulate
telecommunications services and carders, but also limits local government's authority in certain
respects; and
WHEREAS, the City Council has been reviewing its policies with regard to the
zoning and placement of wireless communication facilities as defined in RCW 35.99.010
(hereinafter "wireless communication facilities" or "facilities") in the City of Bremerton; and
WHEREAS, the City is facing an increasing number of applications for
construction of wireless telecommunication facilities within the City and the City has not yet
adopted a comprehensive telecommunications siting and design ordinance; and
WHEREAS, the City must adopt ordinances, policies or plans for dealing with the
inflow of telecommunication facilities to the City that will potentially deal with issues relating to
the siting and development of these facilities, including, but not limited to, the following:
· Zoning
· Clustering of facilities
· Collocation, development standards, visual impact mitigation, noise, tower
construction; and
WHEREAS, because the Bremerton Municipal Code does not adequately address
the various impacts that wireless communications facility uses present, the protection of the
public health, safety, and general welfare would be jeopardized by the establishment of such
facilities prior to a review of the matter and possible adoption of new regulations by the City
Council; and
WHEREAS, the citizens of Bremerton would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety, economics,
hazards to traffic, and aesthetics these facilities impose upon neighboring properties and the
community as a whole; and
WHEREAS, the City Council adopted Resolution Nos. 2868, 2872, and 2882
imposing a moratorium barfing acceptance for any building, land use, or development permit of
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Wireless Communication Facilities
approval for the purpose of siting and/or development of wireless communication facilities
within the City of Bremerton until additional review has been completed and any necessary code
revisions have been adopted by the City Council on the issue of wireless communication
facilities within the City of Bremerton; and
WHEREAS, on June 17, 2003, the Planning Commission held a public hearing on
proposed development standards for wireless telecommunication facilities; and
WHEREAS, the City Council desires to adopt standards relating to the siting of
wireless telecommunication facilities; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new section, Section 21.02.335 entitled "Wireless
Telecommunications Facilities" is hereby added to Title 21 Bremerton Municipal Code to read as
follows:
21.02.335
WIRELESS TELECOMMUNICATIONS FACILITIES
(a) Purpose and Intent. The City has received requests to site wireless
telecommunications towers and antennas. The purpose of this section is to provide specific
regulations for the placement, construction, modification and removal of these facilities.
Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47
USC Section 332(c)(7), the provisions of this chapter are not intended to and shall not be
interpreted to prohibit or to have the effect of prohibiting the provision of wireless
telecommunications facilities, nor shall the provisions of this chapter be applied in such a
manner as to unreasonably discriminate among providers of functionally equivalent wireless
services. The goals of this section are to: (i) encourage the location of towers in nonresidential
areas and to minimize the total number of tall towers throughout the City, (ii) encourage the joint
use of existing tower sites, (iii) encourage users of towers and antennas to locate them, to the
extent possible, in areas where the impact on the City is minimal, (iv) encourage users of towers
and antennas to configure them in a way that minimizes the visual impact of the towers and
antennas, (v) strongly encourage the providers of personal wireless services to use concealment
technology, (vi) provide standards for the siting of wireless telecommunications facilities, and
(vii) facilitate the ability of the providers of wireless telecommunications facilities to provide
such services throughout the City quickly, effectively and efficiently. Accordingly, the City
Council finds that the promulgation of this chapter is warranted and necessary:
(1) To manage the location of towers and antennas in the City;
(2) To protect residential areas and other land uses from potential adverse
impacts of towers and antennas;
(3) To minimize visual impacts of towers and antennas through careful
design, siting, landscaping, screening, innovative camouflaging techniques and concealment
technology;
(4) To accommodate the growing need for towers and antennas;
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Wireless Communication Facilities
(5) To promote and encourage shared use and co-location on existing
structures and towers as a desirable option rather than construction of additional single-use
towers; and
(6) To avoid potential damage to adjacent properties through engineering and
proper siting o f wireless telecommunications facilities.
(b) Definitions. In addition to the definitions provided in Section 21.02.070 of this
Chapter, the following definitions shall apply to this section:
"Abandonment" or "abandoned" means: to cease operation for a period of ninety (90) or more
consecutive days unless documentation is provided to the City that negotiations are underway
potentially leading to the sale, lease, or resumption of operations, in which case a wireless
telecommunications facility may not be considered abandoned for an additional period not to
exceed 90 (additional) days;
"Antenna" means any exterior equipment attached or mounted to a building or tower in the form
of one or more rods, panels, discs or similar devices used for the transmission or reception of
radio or electromagnetic frequency signals.
(1) Omi-directional antenna transmits and receives radio frequency signals
in a 360; radial pattern. For the purpose of this document, an omni-directional antenna is up to 15
feet in height and up to seven inches in diameter. If otherwise meeting the definition, a whip
antenna is an omi-directional antenna.
(2) Directional antenna transmits and receives radio frequency signals in a
specific directional pattern of less-than 360.
(3) Parabolic antenna is a device of generally parabolic shape for the
reception and transmission of radio frequency signals in a specific directional pattern. Also
referred to as a satellite dish.
"Cell on Wheels" (COW) means a mobile telecommunications facility transported by a motor
vehicle for temporary on-site use.
"Co-location" means the placing of a wireless telecommunications antenna on an existing
support structure.
"Concealed" means a wireless telecommunication antenna or facility that is not evident; it is
disguised, hidden by or integrated with a structure that is not a telecommunication tower; or, a
personal wireless service facility that is placed within an existing or proposed structure.
"Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals. Associated
equipment may include air conditioning, backup power supplies and emergency generators.
"FAA" means the Federal Aviation Administration.
"Facilities" see Wireless Communication Facility.
"FCC" means Federal Communications Commission.
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Wireless Communication Facilities
"Height" in context of this section, means the following:
(1) Related to Tower I and Tower II support structures: the dimension of the
tower as measured from the base of the tower at the foundation center to the top of the tower
excluding antenna's
(2) Related to existing or proposed buildings: height is determined as per
section 21.02.220 BMC, except that the highest point of a building with a pitched or hipped roof
shall be considered, for purposes of this section, to be the highest point of the roof.
"Provider" means every corporation, company, association, joint stock company, firm,
partnership, limited liability company, other entity and individual licensed to provide personal
wireless services over personal wireless communication facilities.
"Residential zones" means the zoning districts listed in the City of Bremerton Zoning Code
Chapter 21.02 BMC as SF-1, SF-2, SF-3, DR, MF, CBR, MXD.
"Residential Use(s)" means structures meeting the definition of Group R, Division 3 occupancies
under the Uniform Building Code 1997 edition or equivalent definition as subsequently adopted
by the city.
"Satellite Dish" see Antenna, Parabolic antenna.
"Support Structure" means any existing or proposed building, utility pole, or tower capable of
supporting a wireless telecommunications antenna. Support structures include, but are not
limited to, existing buildings, water towers, and utility poles and/or towers.
"Tower" means any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including but not limited to self-supporting lattice towers, guy
towers or monopole towers.
(1) "Type I Tower" means a tower up to, but not exceeding, 60 feet in height.
(2) "Type II Tower" means a tower greater than 60 feet in height.
"Whip Antenna" see omni-directional antenna
"Wireless telecommunication facility" means facilities for the transmission and reception of
radio or microwave signals used for communication, cellular phone, personal communications
services, enhanced specialized mobile radio or any other services licensed by the FCC, and
unlicensed wireless services including but not limited to associated equipment shelter, support
tower and antenna array.
(c) General provisions.
(1) Not Essential Public Facilities. Wireless telecommunications facilities are
not considered essential public facilities and shall not be regulated or permitted as essential
public facilities.
(2) Exemptions. The following are exempt from the provisions of this
chapter:
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Wireless Communication Facilities
(i) Industrial processing equipment and scientific or medical
equipment using frequencies regulated by the FCC
(ii) Antennas and related equipment no more than three feet in height
that are being stored, shipped, or displayed for sale
(iii) Facilities used for the purpose of public safety by public or semi-
public entities, including but not limited to police communications, hospitals communications
and 911 system communications
(iv) Wireless radio utilized for emergency communications in the event
of a disaster
(v) Licensed amatuer (ham) radio installations
(vi) Satellite dish antennas less than two meters in diameter, including
direct home satellite services, when an accessory use of the property
(vii) Routine maintenance of otherwise permitted wireless
telecommunications facilities
(viii) Subject to compliance with all applicable City, State, and Federal
standards, an emergency repair of a wireless telecommunications facility, provided that a permit
is applied for within 30 days after completion of such emergency repair.
(3) Principal or Accessory Use. Wireless Telecommunications Facilities may
be considered either principal or accessory uses. A different use of an existing structure on the
same lot shall not preclude the installation of a wireless telecommunications facility on that lot.
(4) Prohibited Use. Type I and Type II towers are prohibited in single family
residential zones.
(d) Permits Required.
(1) An application to site a wireless telecommunications facility shall be
subject to the criteria set forth below for determination of the required permitting process type.
Only when the application does not meet a criteria of the highest level process type shall the next
process type be considered. The order of process type criteria for locating wireless
telecommunications facilities, with Type I being the highest level, shall be as follows:
(i) Type I Administrative Decision.
a. Co-location of antennas on towers per subsection
21.02.335(g) in nonresidential zones.
b. Co-location of antennas on existing support structures,
excluding towers, in any zone per subsection 21.02.335(i).
(ii) Type II Administrative Decision.
a. New Type I towers and associated equipment and antennas
in nonresidential zones.
(iii) Type III Administrative Decision.
a. Any wireless telecommunications facility not included
above. Including but not limited to:
1. Any Type I tower in a residential zone and
associated antenna and equipment enclosures.
2. Any Type II tower and associated antennas and
equipment enclosures.
(2) A permit shall expire consistent with the provisions of section 106.4.4
UBC, or equivalent subsequently adopted provision of building code, except that the permit for
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construction of a wireless telecommunications facility shall expire one (1) year after the effective
date of the permit approval.
(3) Permit fees. Fees associated with permits and reviews required under this
section will be in accord with the adopted fee schedule.
(4) Other costs. In addition to the application fee, the applicant shall
reimburse the City for costs of professional engineers and other consultants, mutually acceptable
to both applicant and City, hired by the City to review and inspect the applicant's proposal when
the City is unable to do so with its existing staffing resources. By way of illustration and not
limitation, these professional services may include engineering and technical review, legal
review, planning review, Hearing Examiner services, environmental review, critical areas
review, financial and accounting review, soils review, and mechanical and structural engineering
review. In the event that a project requires professional services beyond that which is included in
the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant
services plus a City service change of 10% as calculated from before tax cost.
(e) Standards for review and approval. In addition to any other applicable Federal,
State, or local codes, standards or regulations, all projects requiring permits under this chapter
shall also meet the following standards and approval criterion:
(1) General.
(i) All required submittals per section (f) below shall be provided
unless expressly waived by the Director of Community Development or his/her authorized
representative.
(ii) Prior to permit approval all applications shall be accompanied with
a completed Federal Aviation Regulation (FAR) 7460-1 Airspace form with applicable Agency
comments if the facility is located within five (5) miles of any airport. The City may incorporate
comments provided in the (FAR) Part 77 Airspace Form into its Decision as Conditions; and
(iii) An agreement between the applicant and City shall be provided
establishing that if technology should change and a Wireless Telecommunication Facility
becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall
remove facilities per section (i) (Abandonment or Discontinuation of use) below.
(iv) No equipment shall be operated so as to produce noise levels
above 45 dB as measured from the nearest property line on which the WCF is located, except
temporary generators used during power outages and natural disasters. Such temporary use shall
be for the shortest time period practical.
(v) In the case of co-location, all standards set forth in subsections
21.02.335(g) and/or (h) BMC shall be met.
(2) Site development standards:
(i) Type I and Type II Towers shall be setback a distance equal to 1.5
times the height of the tower from non-conforming residential use as measured from the wall of
any supporting equipment enclosures of building or the base of the tower, whichever is nearer.
The setback shall he measured to the nearest property line of the parcel upon which the non-
conforming residential use is located.
(ii) Type I and Type II towers shall be setback a distance equal to 3
times the height of the tower from any conforming residential use as measured from the wall of
any supporting equipment enclosures of building or the base of the tower, whichever is nearer.
The setback shall be measured to the nearest property line of the parcel upon which the
conforming residential use is located.
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[Fireless Communication Facilities
(iii) Wireless telecommunications facilities shall be screened or
camouflaged by employing the best available technology. This may be accomplished by use of
compatible materials, location, color, stealth technologies, and/or other tactics to achieve
minimum visibility of the facility as viewed from public streets or residential properties. All
screening and camouflaging is subject to the approval of the city.
(iv) Tower bases, equipment enclosures and cabinets and related
security fencing shall be screened from public view. This screening requirement may be met in a
number of ways, including use of a solid masonry wall, earthen berms, or landscaping. If
landscaping is employed, it shall meet all applicable requirements of section 21.02.710 BMC.
(v) In reviewing the proposed placement of a wireless facility on the
site and any associated landscaping, the City may make a condition of the permit that the
applicant supplement existing trees and mature vegetation to more effectively screen the facility.
(vi) Type I and II towers, antennae, and any associated hardware and
equipment shall be painted a non-reflective color or color scheme appropriate to the background
against which the facility would be viewed from a majority of points within its viewshed. A
proposed color or color scheme shall be approved by the city.
(vii) Security fencing, if used, shall conform to the following:
a. No fence shall exceed eight (8) feet in height;
b. Security fencing shall be effectively screened from view
through the use of appropriate landscaping materials; and
c. Chain-link fences shall be painted or coated with a
nonreflective color, and shall have a minimum three (3) foot deep area to be planted with
approved plant species in a manner that will completely screen the fencing
(viii) No wireless equipment enclosures reviewed under this section
shall be located within required yard setback areas.
(ix) Type I and Type II towers shall not be located in view corridors as
defined under the Bremerton Shorelines Management Program.
(x) Type I and Type II towers shall not be illuminated or have lights
located upon them except as required under Federal Aviation Administration (FAA) or other
State or federal regulations.
(0 Required Submittals. Application for any Type I or Type II permit, and other
related requests shall include any combination of site plans, surveys, maps, technical reports, or
written narratives necessary to convey the following information in addition to the requirements
of all other applicable ordinances. Unless otherwise adjusted by the Director of Community
Development, submittal requirements will include the following:
(1) Photo simulations of the proposed facility from affected residential
properties and public rights-of-way at varying distances;
(2) A site or combined site and vicinity plan clearly indicating the site
location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses
and zoning, roadways, proposed means of access, setbacks from property lines, sufficient to
demonstrate that setbacks and other pertinent requirements of this chapter have been met. Such
drawings shall specifically include elevation drawings of the proposed tower (if any), any other
proposed structures, the setback as described in subsection 21.02.335(e)(2)(i) between the
proposed facility and any nearby residential zone or use;
(3) A site elevation and landscaping plan indicating the specific placement of
the facility on the site, the location of existing structures, trees, and other significant site features,
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Wireless Communication Facilities
the type and location of plant materials used to screen the facility, and the proposed color(s) of
the facility, and the method of fencing, and finished color and, if applicable, the method of
camouflage and illumination. In the case of co-location on existing support structures this
requirement may be adjusted by the Director as appropriate;
(4) A signed statement indicating that; (i) the applicant and landowner (if
different) agree they will diligently negotiate in good faith to facilitate co-location of additional
wireless telecommunication facilities by other providers on the applicant's structure or within the
same site location and (ii) the applicant and/or landlord agree to remove the facility within sixty
(180) days after abandonment per subsection 21.02.3350);
(5) Copies of any environmental documents required by any federal agency.
These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event
that an FCC environmental assessment is not required, a statement that describes the specific
factors that obviate the requirement for an environmental assessment; (6) Legal description of the parcel;
(7) A letter signed by the applicant stating the tower will comply with all
FAA regulations and EIA Standards and all other applicable federal, state and local laws and
regulations;
(8) Certification that the antenna usage will not interfere with other adjacent
or neighboring transmission or reception functions;
(9) The telecommunications provider must provide documentation that it is
licensed by the FCC if required to be licensed under FCC regulations;
(10) The telecommunications provider must supply documentation that it has
consulted with hospitals, medical clinics, and other similar medical uses within a radius of 1,000
feet of the proposed wireless telecommunications facility and that such hospitals, clinics and
medical uses testify that the wireless facility will not cause interference, malfunctions, or
improper operation of any diagnostic, analytical, or therapeutic equipment uses in the care,
treatment, or diagnosis of medical patients.
(11) The applicant, if not the telecommunications service provider, shall submit
proof of lease agreements with an FCC licensed telecommunications provider if such
telecommunications provider is required to be licensed by the FCC;
(12) All applications shall be accompanied with a completed Federal Aviation
Regulation (FAR) 7460-1 Airspace form with applicable Agency comments if the facility is
located within five (5) miles of any airport. The City may incorporate comments provided in the
(FAR) Part 77 Airspace Form into its Decision as Conditions;
(13) An agreement between the applicant and City shall be provided
establishing that if technology should change and a Wireless Telecommunication Facility
becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall
remove facilities per section (j) (Abandonment or Discontinuation of use) below;
(14) A technical report demonstrating the service requirements of the applicant
and demonstrating need for the proposed facility at the location proposed, At a minimum, the
technical report shall include; (i) a map of the area to be served by the tower or antenna, (ii) its
relationship to other cell sites in the applicant's network including technical data related to
frequencies, range, capacity etc, and (iii) an evaluation of existing buildings taller than thirty feet
(30'), within one-quarter (1/4) mile of the proposed tower or antenna which from a location
standpoint could provide part of a network to provide transmission of signals. The technical
report should demonstrate how the proposed site fits into the providers overall network;
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Wireless Communication Facilities
(15) An alternative sites report must be submitted. The report shall; discus all
potential sites investigated, including at a minimum all nearby priority locations as listed in
subsection 21.02.335(i) below; summarize technical data and other rationale as to why a
potential site was not appropriate and considered further; and include a demonstration that: (i)
the applicant has contacted the owners of structures in excess of thirty feet (30') high within a
one-quarter (1/4) mile radius of the site proposed and which from a location standpoint could
provide part of a network for transmission of signals; (ii) asked for permission to install the
antenna on those structures; and (iii) access/location was denied for reasons other than economic
feasibility; and
(16) When there is a technical disagreement relating to location, height or
related issues the City and the Applicant may retain a mutually acceptable technical expert in the
field of RF engineering to provide technical advise to the City on the proposal. The cost for such
a technical expert will be at the expense of the Applicant.
(g) Co-Location on Type I and Type II towers. Type I and Type II towers
permitted under this Chapter shall be designed to accommodate co-location. The following
provisions shall apply:
(1) All new Type I Towers shall be designed to accommodate at least one
additional provider. Type II towers shall be designed to accommodate at least two additional
carriers. The City of Bremerton may deny a project for a Wireless Telecommunications
Communication Facility if co-location is not provided.
(2) Additional tower height provided for co-location shall be the minimum
needed. Separation between existing and potential additional antenna arrays shall not exceed
(15') unless a technical rationale for a larger separation, acceptable to the City, is provided
during permit approval for initial tower construction or for any modification of existing towers
adding tower height.
(3) An owner of a Type I or Type II Tower approved under this Chapter may
not deny a Wireless Provider the ability to co-locate on their facility at a fair market rate or at
another cost basis agreed to by the affected parties.
(4) In the event co-location is found to be not feasible, a detailed written
statement or report demonstrating the reasons for the unfeasibility shall be prepared by the
applicant. The City and the applicant may retain a mutually acceptable technical expert in the
field of RF engineering to review the applicant's unfeasibility report. The technical expert will
provide comments on the unfeasibility report and provide comments on how the facility could be
designed to accommodate co-location if possible. The cost for such a technical expert will be at
the expense of the applicant.
(h) Co-location on Support Structures other than Type I and Type II Towers
Wireless telecommunications facilities may be co-located on existing or proposed support
structures other than Type I or Type II towers under the following conditions;
(1) Type I and Type II towers may not be placed on any other existing or
proposed support structure;
(2) Whip antennas may exceed the structure height by a maximum of 15 feet,
and other omni-directional antennas may exceed the structure height by a maximum of 10 feet;
(3) Wireless telecommunications facilities may be mounted on one or more
building facades or on one or more sides of a mechanical equipment enclosure;
(4) The wireless telecommunications facilities of one provider, including all
appurtenances and screening, shall not exceed 5% of any facade of a building. The wireless
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Wireless Communication Facilities
telecommunications facilities of all providers located in the support structure shall not exceed
10% of the building facade;
(5) Exterior equipment structures placed on existing support structures may
not exceed 500 cubic feet with a 5-foot height limit above existing building height in residential
zones; and
(6) Antennas may be attached to ball field light standards, electrical transmission
towers, water tanks or existing utility poles, provided that:
(i) In residential zones, supporting equipment enclosures and
structures shall be in side or rear yards and othenvise adhere to the building setback requirements
of the zone, and
(ii) Utility poles in any zone shall not be extended or replaced such
that overall height is increased more than 20 feet above the pre-existing pole or the average
height of existing poles within 300 feet whichever is less.
(i) Priority of Locations and Consideration Process. The order of priorities for
locating new personal wireless service facilities shall be as follows:
(1) Place antennas and towers on public property if practical.
(2) Place antennas and towers in districts zoned BP (Business Park), (IP)
Industrial Park, or (IG) Industrial General.
(3) Co-locate antennas on appropriate rights of ways and existing structures,
such as buildings, towers, water towers and smokestacks.
(4) Place antennas and towers in other zone districts which do not adjoin or
adversely impact residential neighborhoods.
(5) Only after an applicant has provided an alternative sites report per
subsection 21.02.335(0(11) that demonstrates that priority sites per this section have been
investigated shall other sites be approved.
(j) Abandonment or Discontinuation of Use.
(1) At such time that a provider plans to abandon or is required to abandon,
the operation of a wireless telecommunications facility, such provider will notify the City
Department of Community Development by certified U.S. mail of the proposed date of
abandonment. Such notice shall be given no less than 30 days prior to abandonment.
(2) In the event that a licensed provider fails to give such notice, the personal
wireless facility shall be considered abandoned.
(3) Upon abandonment, the provider shall physically remove the wireless
telecommunications facility within 180 days from the date of abandonment. "Physically remove"
shall include, but not be limited to:
(i) Removal of antennae, mounts, equipment cabinets and security
barriers from the subject property.
(ii) Removal of Type I or Type II towers.
(iii) Transportation of the antennas, mount, equipment cabinets,
security barriers, and towers to a location outside of the City of Bremerton.
(iv) Restoring the location of the personal wireless facility to its natural
condition, except any remaining landscaping and grading.
(k) Maintenance.
(1) Wire less telecommunications facilities shall be maintained. For purpose
of this section, maintenance shall include but not necessarily be limited to the following:
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Wireless Communication Facilities
(i) keeping of all plant materials used for screening in a live and
health condition;
(ii) regular painting of towers, enclosures, fences and all paintable
items on the site such that rust, peeling paint, or oxidation is not evident;
(iii) repair of any loose or hanging equipment or parts; and
(iv) replacement of missing plants, fencing or fencing parts, or other
portions of towers, enclosures, and other equipment.
(1) Enforcement. Violations of this section, Section 21.02.335, shall be subject to
enforcement pursuant to Section 21.02.940.
SECTION 2. Effective Date, Repealer, Revival of Moratorium. Upon the
effective date of this ordinance the moratorium imposed on the acceptance and processing of
applications for land use permits for wireless telecommunications facilities established by
resolutions No. 2868, 2872 and 2882 is repealed; provided, however, that if this ordinance or any
portion of this ordinance is held to be void for any reason, the moratorium therein established
shall be immediately reinstated for a period of six (6) months to allow the City to formulate and
pass new provisions.
SECTIONS. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~_~l~./- day of (~z.t,,t.t~ ,2003
{/
PASSED by the City Council the ~ day of t~,., ,2003
~7-
CAROL ARENDS, Council President
Appr°ved this -d'~!~d'- day °f ~'d~~~ 2~ ~
CARY BOZEMAN, Mayor
Kk~I~L~E Ei~ 19l~[~/JS?F~q/, C it y ~i/~r-kJ ~~Attorney
11
}Fireless Communication Facilities
PUBLISHED thed~.t_ day of (~_.ex.~,~ ,2003
EFFECTIVE the &day of 5t~, ~, ~,~z~_ ,2003
ORDINANCE NO. ~
R:\LEGAL\Ordinances\Community Development\Wireless Communication Facilities.doc
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Wireless Communication Facilities
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100064926
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: July 15, 2003 and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $30.81 amount has not been paid in full.
~ ~. :... ~O x a ~ j, ...~'~ ~= (Signature of Principal Clerk)
· - :Ex . 0 - 4- 4! =
Subscnbe~_at~ yw~rn ~6C~'~O~lre~7~nezthis day of July 24, 2003
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4860'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, adding a new section to
Chapter 21.02 of the Bremerton Municipal Code providing standards for the siting of wireless
telecommunications facilities.-
APPROVED by the City Council the 25th day of June, 2003-
PASSED by the City Council the 9th day of July, 2003-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
July 15, 2003- · #100064926-