HomeMy WebLinkAbout119-96 - Res. Imposing a Moratorium on Applications for Land Use Permits for Cellular Communication Facilitie SOLUTION NO®119-96
IMPOSING A MORATORIUM ON APPLICATIONS FOR LAND USE PERMITS FOR
CELLULAR COMMUNICATION FACILITIES
WHEREAS, the use of cellular telephones, new wireless
communications technologies and increased federal licensing of
communication channels has impacted surrounding counties and may
create a significant increase in the number of applications for
land use permits for the siting of cellular towers, cell sites
and antennae, and other facilities necessary for personal
wireless services communications facilities (hereinafter
"wireless communications facilities" ) ; and
WHEREAS, the unique geographical position of Mason County
(hereinafter referred to as "County") makes it a prime location
for wireless communications companies to serve the region' s
boating community, which has further increased the demand for
wireless communications facilities within the County; and
WHEREAS, the land use regulations currently in effect in the
County do not provide sufficient definitive criteria with which
the County can properly evaluate and condition the siting of
wireless communication facilities; and .
WHEREAS, there are concerns for the siting of such facilities
such as, (1) Are they disruptive and a blight on residential and
scenic areas of the County, (2) Do they have the potential to
adversely affect property values, (3) Do they detract from the
natural beauty and resources of the County, which contribute
significantly to the social, aesthetic and economic well-being of
county residents; and
WHEREAS, Washington State' s permissive vested rights doctrine,
which allows many land use applications to vest to land use
regulations which are in effect early in the application process,
could enable applications for wireless communications facilities
to vest to inadequate regulations while the County studies the
changes needed in those regulations (which would undermine
effective County planning for these facilities; and
WHEREAS, a moratorium on the processing of applications is
necessary while the County studies the issues inherent in the
construction and siting of wireless communications facilities and
develops appropriate land use controls for this emerging
technology.
NOW, THEREFORE, for a period of six months from the effective,
date of this resolution, the County shall not process
applications for land use permits for personal wireless services
communication facilities unless the applications were complete
and submitted to the Mason County Department of General Services
(Building Department) or the Department of Community Development
prior to the effective date of this resolution. As used in this
resolution:
1 . "Land use permit" means any permit required from the
County for the construction or siting of any facilities
necessary for personal wireless services communications
facilities; and
2 . "personal wireless services communications facilities :
means structures in excess of thirty-five (35) feet in
height which are required for cellular or personal
communications service (s) , specialized mobile radio
(SMR) or enhanced specialized mobil radio (ESMR) (also
includes radio and TV transmission towers) .
SEVERABILITY: If any provision of this resolution, or its
application to any person, entity or circumstance is for any
reason held invalid, the remainder of the resolution, or the
application of the provision to other persons, entities or
circumstances is not affected.
DATED this 12th day of November 1996
A ROVED AS TO FORM: BOARD OF COUNTY
COMMISSIONERS
MASON COUNTY, WASHINGTON
DEPUTY PROSECUTING ATTORNEY CHAIRP6kSOX
4
ATTEST:
COMMISSIONER
F
CLER'K OF THE BOARD
COM ISSIONER
c: Community Development
WIRELESS