2012-1 Wireless antennas on nonconforming buildings Downtown (STF20120011).pdfDate:
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November 30, 2012
Interpretations File No. 2012-1
AVI<--
Mike Clugston, AICP, Associate Planner
INTERPRETATION OF ECDC 20.50.090.13.1
DECEMBER 4, 2012
DECEMBER 18, 2012 (unless appealed in a timely manner)
Issue Outline and Context:
On April 30, 2012, AT&T Mobility applied for a building permit (BLD20120319) to locate a wireless
communication facility at the Commodore Condominium building at 546 Alder Street. The site is
located within the Downtown/Waterfront Activity Center as identified in the City of Edmonds
Comprehensive Plan and is zoned Multifamily Residential (RM-1.5). The permit has not been issued
due to outstanding comments from Fire District #1 which have not yet been addressed. However,
the proposal did satisfy the requirements of the wireless code in Chapter 20.50 of the Edmonds
Community Development Code (ECDC) as noted in the Planning Division's approval of the permit on
June 6, 2012.
On June 21, 2012, the applicant contacted the City and indicated that there was a problem with their
proposal and how the wireless antennas were to be proposed to be mounted to the building. This
initial contact led to the interpretation request at hand.
AT&T Mobility Corporation has requested the City's interpretation of Code Section ECDC
20.50.090.13.1. Specifically, the request states:
AT&T would like to request that the City interpret Section 20.50.090.B.1 in such a way
that antennas can be located inside of a new concealed architectural feature (such as a
chimneylvent) on the rooftop, not to exceed the height of the other nonconforming
structures on the rooftop.
AT&T would not increase the nonconformity of the building's height (including rooftop
appurtenances), consistent with nonconforming structure requirements found in Section
17.40.020, and would be consistent with the screening requi I rements in Section
20.50.090.B.1, providing the City with the kind offacility that was envisioned by the new
wirelesscode. Finally, such an interpretation would not be inconsistent with 20.50.010.0
and 20.50.060.F, which specifically relate to interpretations of the wireless code. Such
an interpretation would not "prohibit or to have the effect of prohibiting personal
wireless services" (in fact, quite the opposite), and would not "minimize parking,
landscaping or other site development standards...
ATM's goal is to be able to mount concealed wireless communication antennas on top of the
Commodore Condominiums, a building which was permitted in 1977 and today is nonconforming
with respect to height. Unfortunately, this is exactly the type of installation which the updated
wireless code sought to avoid and, in fact, prohibits for this particular location.
Relevant Code Sections:
20.50.090 Building -mounted wireless communication facility standards.
B. Height. The following requirements shall apply:
1. Downtown WaterfrontlActivity Center (As Identified in the Edmonds Comprehensive Plan). For
buildings at, or which exceed, the height limit of the underlying zone, antennas shall be flush -
mounted and no portion of the antenna may extend above the building on which it is
mounted. For buildings below the height limit, antennas may be built to the maximum height
of the zone provided they are screened consistent with the existing building in terms of color,
architectural style and material. Flush -mounted antennas may encroach into a required
setback or into the city right-cf-way if a right-cf-way use agreement is established with the
city. Antennas shall not project into the right-cf-way by more than twofeet and shall provide a
minimum clearance height of 20feet over any pedestrian or vehicular right-cf-way.
2. Outside the DowntownlWaterfront Activity Center. The maximum height of building -mounted
facilities and equipment shall not exceed nine feet above the top of the roof on which the
facility is located. This standard applies to all buildings regardless of whether they are at or
above the maximum height of the underlying zone. Such antennas must be well integrated
with the existing structure or designed to look like common rooftop structures such as
chimneys, vents and stovepipes.
17.40.020 Nonconforming building andlor structure.
A. Definition. A nonconforming building is one which once met bulk zoning standards and the site
development standards applicable to its construction, but which no longer conforms to such
standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or
the application of such ordinance in the case of a structure annexed to the city. Subject to the
other provisions of this section, an accessory building that is not an accessory dwelling unit shall be
presumptively nonconforming if photographic or other substantial evidence conclusively
demonstrates that the accessory building existed on or before January 1, 1981. In the case of a
property that was annexed after January 1, 1981, then the date shall be that of the effective date
of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and
convincing evidence.
B. Continuation. A nonconforming building or structure may be maintained and continued, unless
required to be abated elsewhere in this chapter or section, but it may not be changed or
altered in any manner which increases the degree of nonconformity of the building except as
expressly provided in subsections (C) through (/) of this section.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building or structure shall be
permitted.
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3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site
development and bulk standards, and which do not expand any nonconforming aspect of
the building, shall be permitted.
Analysis:
The City cannot interpret the subject code language the way the applicant would like because ECDC
20.50.090.B.1 specifically addresses how wireless antennas must be mounted when sited on a
nonconforming building such as the Commodore Condominiums within the Downtown /Waterfront
Activity Center:
For buildings at, or which exceed, the height limit of the underlying zone, antennas shall be
flush -mounted and no portion of the antenna may extend above the building on which it is
mounted.
This language is clear; wireless antennas cannot be deployed on top of nonconforming buildings in
the Downtown/Waterfront Activity Center. During the wireless code update of 2010, both the
Planning Board and Council discussed allowing wireless antennas to be located on the roof of over -
height buildings with screening but both groups preferred the flush -mounted alternative because it
would move new structures down off the top of already tall buildings; thus, "antennas shall be flush -
mounted ...... Further, this language was specific to the Downtown/Waterfront Activity Center due to
general concerns with height in this location. For building -mounted wireless antennas outside the
Activity Center, up to 9' of additional height is allowed, even on existing buildings which are
nonconforming with respect to height (ECDC 20.50.090.B.2).
While siting wireless antennas on top of buildings that are nonconforming for height may be allowed
in some jurisdictions, and even in other areas of the City of Edmonds, such siting is clearly not
permitted within the Downtown Activity Center. The only way to allow for that possibility would be
through an amendment to the Edmonds Community Development Code.
L THEREFORE, THE FOLLOWING INTERPRETATION IS HEREBY ISSUED:
ALL BUILDING -MOUNTED WIRELESS TELECOMMUNICATION ANTENNAS IN THE
DOWNTOWN/WATERFRONT ACTIVITY CENTER SHALL MEET THE LOCATIONAL REQUIREMENTS IN
ECDC 20.50.090.B.1. ROOF -MOUNTED WIRELESS ANTENNAS, CONCEALED OR OTHERWISE, SHALL
NOT BE ALLOWED ON TOP OF BUILDINGS AT OR OVER THE CURRENT HEIGHT LIMIT FOR THE SPECIFIC
ZONE WHERE THE SITE IS LOCATED WITHIN THE DOWNTOWN/WATERFRONT ACTIVITY CENTER.
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 11
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: 4:00 P.M. ON DECEMBER 18, 2012.
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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;
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 Sth Ave N
4) Posted at Edmonds Library
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