066 of 1999 - Enacting a Temporary Moratorium Prohibiting the Acceptance of Applications for or Approval of Certai0 99-1
0 99-25
SALT LAKE CITY ORDINANCE
No. 66 of 1999
(Enacting a Temporary Moratorium Prohibiting the Acceptance
of Applications for or Approval of Certain Wireless Communications Facilities)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
THE ACCEPTANCE OF APPLICATIONS FOR OR APPROVAL OF WIRELESS
COMMUNICATIONS FACILITIES TO BE LOCATED ON CITY OWNED PROPERTY OR
WITHIN THE PUBLIC RIGHT-OF-WAY.
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows cities,
without a public hearing, to enact ordinances establishing temporary zoning
regulations for any part or all of the City if the City Council makes a finding of
compelling countervailing public interest; and
WHEREAS, the increasing use of cellular telephones, new wireless
communications and increased federal licensing of communication channels is
anticipated to create a significant increase in the number of applications for land
use permits for the siting of cellular towers, cell sites and antennas, and other
facilities necessary for wireless services communication facilities including facilities
for the transmission and reception of radio or microwave signals used for
communication (hereafter, "Wireless Communications Facilities") that is expected
to continue indefinitely; and
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WHEREAS, the land use regulations currently in effect in the City do not
provide sufficient definitive criteria with which the City can address the concerns of
City residents and properly evaluate and condition the siting of Wireless
Communications Facilities on City owned property or within the public right-of-way;
and
WHEREAS, the City is in the process of developing a revised zoning
ordinance which will include criteria to regulate these facilities, in response to
increasing concern about the proliferation of Wireless Communications Facilities;
and
WHEREAS, the state of Utah's vested rights doctrine, which may allow 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 in inadequate regulations while the City studies the changes
needed in those regulations, undermining effective City planning for these facilities;
and
WHEREAS, a moratorium on further filing and processing of applications is
necessary while the City studies the issues inherent in the construction and siting
of Wireless Communications Facilities and develops appropriate land use controls
for the emerging technology; and
WHEREAS, the City finds that allowing continued erection, construction, and
installation of additional wireless communications facilities on City owned property
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or within the public right-of-way, prior to the completion of the City's research and
analysis of this issue, adversely affects the City's interest in controlling
development within the City, and assuring that such development is compatible
with existing uses and the City's master plans, which interests constitute a
compelling, countervailing public interest which justifies this temporary moratorium;
and
WHEREAS, the City Council finds that the City's interest in adopting this
temporary moratorium outweighs any private interests in developing under existing
standards; and
WHEREAS, the City Council finds that no development plans have any
vested rights to develop under the existing ordinance.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. The City shall and hereby does enact the following:
Temporary Prohibition on the Erection, Construction, and Installation of
Additional Wireless Communications Facilities on City Owned Property
or Within the Public Right -of -Way.
A. Finding of Countervailing Interest. Pursuant to Section 10-9-
404, Utah Code Annotated, the City Council finds that the adverse effects of
allowing the development specified in this section within the City, while the
City conducts further investigation and analysis as to the appropriate location
for Wireless Communications Facilities on City owned property or within the
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public right-of-way, is not in the best interest of the City and constitutes a
compelling countervailing public interest sufficient to justify a six month
prohibition.
B. Balancing of Public Versus Private Interests. The City Council
further finds that any harm to private interests is diminimus and is
outweighed by the City's interest in reviewing and amending, if necessary,
the existing City zoning. The City Council finds that no developments, the
plans for which were not submitted prior to 5:00 p.m. on July 1, 1999, in
full compliance with existing zoning regulations, have any right to develop
under those existing regulations. In addition, any development plans or
applications submitted prior to 5:00 p.m. on July 1, 1999, which have been
disapproved by the zoning administrator due to incompleteness, inaccuracies
or noncompliance, or which have not yet received the necessary approval
from the Planning Commission, are specifically determined to have no vested
right to develop under existing regulations and the City shall not accept any
resubmittals of those disapproved applications or proceed with any further
hearings for approval of those incomplete applications during the period of
this ordinance.
C. Prohibitions. During the period of this order, the City shall not
accept an application for any Wireless Communications Facilities to be
located on City owned property or within the public right-of-way, unless the
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applicant agrees to process such application according to the City's Interim
Draft Zoning Regulations Regarding Wireless Communications Facilities,
dated June 30, 1999, a copy of which is attached hereto, and according to
the City's conditional use procedures.
D. Length of prohibition. This prohibition remains in effect for a
period of six months from the effective date of this ordinance or until the
effective date of the City Council action upon the proposed revisions to the
City's zoning regulations for Wireless Communications Facilities, which ever
occurs first.
SECTION 2. Effective Date. This ordinance shall become effective upon the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 6th day of
July , 1999.
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ATTEST:
CHIE DEPUTY CITY ECO"DER
Transmitted to Mayor on July 6, 1999.
Mayor's Action:
Ir�tY[Z�1%r.
r
ATTEST:
xx Approved.
IEF DEPUTY ITY "ECORDER
(SEAL)
Bill No. 66 of 1999.
Published: July 13, 1999.,
\ATTORNEY\ordina99\Moritorium on wireless communication.doc
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Vetoed.