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ORDINANCE NO. 2468
AN ORDINANCE AMENDING CHAPTER 18.78 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "PERSONAL WIRELESS SERVICE FACILITIES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.78 of the Moses Lake Municipal Code entitled "Personal Wireless Service Facilities"
is amended as follows:
18.78.030 General Provisions:
A.The placement or modification of any personal wireless service facility at any location within
the city is subject to the provisions of this chapter, except for temporary facilities providing
emergency communication services during natural disasters or other emergencies which may
threaten the public health, safety, or welfare.
B.Personal wireless service facilities shall not be permitted on any building or structure within
an area of the city zoned residential, or on any building or structure that contains a residence
or school.
C.Facilities located within a designated critical area, as defined by MLMC Chapter 19.03 or
19.06, shall comply with the requirements of the appropriate chapter.
D.Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be
permitted only as specified in Section 18.78.040.
E.No deviations from the provisions of MLMC 18.78.040 and 18.78.070 shall be permitted,
except as specifically allowed in those sections.
F.All applicable standards and requirements of the State Building Code, FCC, FAA, EIA, and
any other agency with the authority to regulate antennas and support structures must be met.
If such standards and regulations are changed, then the owners of the support structures and
antennas shall bring such structures and antennas into compliance with the revised
standards and regulations within six (6) months of the effective date of such standards and
regulations, unless a more stringent compliance schedule is mandated by the controlling
agency. Failure to bring structures and antennas into compliance with such revised
standards and regulations shall constitute grounds for the removal of the support structure
or antenna at the owner's expense.
G.Building Codes and Safety Standards. To ensure the structural integrity of antenna support
structures, the owner of the structure shall ensure that it is maintained in compliance with
ORDINANCE NO. 2468
ty._. 017 IF. .1 9 lt1 .1 It I /I
Nthig I g \I Li Or 'eancliifkility. A notice orapp icafion poste upon he subject proper y shall be
the only form of public notice required for a personal wireless services facility permit.
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Adopted by the City Council and signed by its Mayor on May 12, 2009.
Ronald C. Covey, M yor
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ORDINANCE NO. 2468
PAGE 2 May 12, 2009
I.A building permit is required for all facilities. A conditional use permit is also required for new
towers.
J.Interference. No antenna shall be permitted to be placed in a location where it will interfere
with existing transmittal or reception of radio, television, audio, video, electronic, microwave,
or other signals.
K.Personal wireless facilities are not considered essential public facilities and shall not be
regulated or permitted as essential public facilities.
L.Lot size. For purposes of determining whether a facility complies with development
standards such as setbacks, the dimensions of the entire lot shall control, even though a
facility is located on a leased parcel within that lot.
M.Lighting. Facilities shall not be lighted unless required by the FAA or other applicable
authority.
N.Applications for necessary permits will only be processed when the applicant demonstrates
either that it is an FCC-licensed telecommunications provider or that it has agreements with
an FCC-licensed telecommunications provider for use or lease of the support structure.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
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ATTEST:
onald R. Cone, Finance Director
APPROVED AS TO FORM:
ORDINANCE NO. 2468
PAGE 2 May 12, 2009
I. A building permit is required for all facilities. A conditional use permit is also required for new
towers.