2010-2 Chimneys as residential space.pdfDate:
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MEMORANDUM
August 19, 2010
Interpretations File No. 2010-2
A -,.
Mike Clugston, Planner
INTERPRETATION ON THE SITING OF
TELECOMMUNICATION FACILITIES ON CHIMNEYS
AUGUST 20, 2010
SEPTEMBER 3, 2010 (unless appealed in a timely manner)
WIRELESS
AT&T Mobility Corporation has requested the City's interpretation of Code Section 20.50.030.13 to
determine whether at the Commodore Condominiums: (a) the "immediate interior wall... adjacent to
the facility" is the interior wall of the chimney or the interior wall of the residential living room, and
(b) if the "immediate interior wall" is the interior wall of the chimney, whether the interior of the
chimney is "designated residential space".
Relevant Code Sections:
20.50.030 Development standards for macro facilities.
B. Macro facilities maybe located on buildings and structures; provided, that the immediate interior
wall or ceiling adjacent to the facility is not a designated residential space.
21.05.020 Accessory use.
Accessory use means a use incidental and subordinate to the use of the main building on the same lot.
21.10.040 Building.
Building means any structure having a roof, excluding all forms of vehicles even though
immobilized.
21.20.050 Dwelling unit.
Dwelling unit means a building providing complete housekeeping facilities for one family.
21.90.150 Structure.
Structure means a combination of materials constructed and erected permanently on the ground or
attached to something having a permanent location on the ground.
Pagel of 3
Associated Definitions:
The Edmonds Community Development Code (ECDC) does not define "immediate interior wall or
ceiling" nor "designated residential space". The word "chimney" is also not defined. In the
alternative, Webster's Dictionary provides the following definitions:
"Chimney" — a vertical structure incorporated into a building and enclosing a flue or flues that carry
off smoke; esp.: the part of such a structure extending above a roof.
"Immediate" — existing without intervening space or substance; directly touching or concerning a
person or thing.
"Residential" — used as a residence or by residents.
"Residence" — a building used as a home: dwelling.
Analysis:
Applying the Webster's definitions to the questions, it is apparent that a chimney is a structure for
removing smoke from a residence but that it is not a area that is occupied like a bedroom or a
kitchen. As a result, a chimney cannot be considered residential space but rather a separate structure
which provides the residents of a dwelling unit with a service (removing smoke) similar to vent pipes
or standpipes. Since a chimney is not residential space, it follows that wireless facilities should be
able to mounted upon thern since the text of ECDC 20.50.030 only prohibits wireless facilities from
being mounted "adjacent ... [to] residential space".
By extension, this analysis would also apply to mini and micro wireless facilities described in ECDC
20,50.0 10 and 20.50.020 since similar language appears in those sections as well.
THEREFORE, THE FOLLOWING INTERPRETATION IS HEREBY ISSUED:
CHIMNEYS DO NOT ENCLOSE RESIDENTIAL SPACE. AS A RESULT, WIRELESS
TELECOMMUNICATION FACILITIES MAY BE MOUNTED ON CHIMNEYS AS LONG AS
ALL OTHER REQUIREMENTS OF ECDC 20.50 ARE SATISFIED.
Appeal Procedures:
Pursuant to Edmonds Community Development Code (ECDC) Section 20.01.003(A), formal
interpretations of the text of the ECDC by the director or designated staff are appealable as Type II
decisions.
Should anyone wish to appeal this interpretation, a written appeal, accompanied by the required appeal
fee (see Planning Division fee handout) must be submitted within 14 calendar days of the date of
issuance/posting of this interpretation.
The deadline for filing an appeal of this interpretation is: 4:30 P.M. ON SEPTEMBER 3, 2010 .
A written appeal must contain the following:
1. The appellant's name, address and phone number;
2. A statement describing the appellant's standing to appeal;
3. Identification of the application which is the subject of the appeal;
2010-2 Chimneys as residential space.DOC Page 2 of 3
4. The appellant's statement of grounds for appeal and the facts upon which the appeal is based
with specific references to the facts in the record;
5. The specific relief sought;
6. A statement that the appellant has read the appeal and believes the contents to be true, followed
by the appellant's signature.
Notice: 1) Published in the Everett Herald
2) Posted at Edmonds City Hall, 2nd Floor — Development Services Department
3) Posted at Public Safety Complex, 121 5"' Ave N
4) Posted at Edmonds Library
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