Ordinance 32570006.150.003
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04/16/99
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ORDINANCE NO. 3257
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
SECTION 16.20.050 SITE DEVELOPMENT STANDARDS -
ACCESSORY BUILDINGS BY AMENDING SUBSECTION D
AND ADDING A NEW SUBSECTION E TO CLARIFY
REQUIREMENTS RELATING TO SATELLITE TELEVISION
ANTENNAS AND AMATEUR RADIO TOWERS BY THE
AMENDMENT OF PARAGRAPH D AND THE ADDITION
OF A NEW PARAGRAPH E, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Federal Communication Commission has preempted and /or
severely limited a city's ability to regulate satellite television antennas and amateur radio towers;
and
WHEREAS, the City wishes to amend the provisions of its ordinance to provide
greater clarity regarding its requirements for such facilities, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Section 16.20.050
is hereby amended by the amendment of subsection D and the addition of a new subsection E to
read as follows:
230489.10 -1-
10.20.050 Site Development Standard -- Accessory
Buildings.
D. Satellite Television Antenna. A satellite television antenna
which measures greater than one meter or 1.1 yards in
diameter shall comply with the following regulations:
1. General. Satellite television antennas must be
installed and maintained in compliance with the
Uniform Building and electrical Codes as the same
exist or are hereafter amended. A building permit
shall be required in order to install any such device.
2. Setbacks. In all zones subject to the provisions
contained herein, a satellite television antenna shall
be located only in the rear yard of any lot. In the
event that no usable satellite signal can be obtained
in the rear lot location or in the event that no rear
lot exists as in the case of a corner lot, satellite
television antennas shall then be located in the side
yard. In the event that a usable satellite signal
cannot be obtained in either the rear or side yard,
then a roof mounted location may be approved by
the staff; provided, however, that any roof - mounted
satellite antenna shall be in a color calculated to
blend in with existing roof materials and, in the case
of a parabolic, spherical or dish antenna shall not
exceed nine feet in diameter unless otherwise
provided for by this section. In no event shall any
roof - mounted satellite television antenna exceed the
maximum height limitations established by this
section.
3. Aesthetic. Satellite television antennas shall be
finished in a non - garish, non - reflective color and
surface which shall blend into its surroundings. In
the case of a parabolic, spherical or dish antenna,
said antenna shall be of a mesh construction. No
commercial advertising of any kind shall be
displayed on the satellite televison antenna.
230489.10 -2-
4. Size and Height. Maximum size for a ground -
mounted parabolic, spherical or dish antenna shall
be 12 feet in diameter. No ground- mounted antenna
shall be greater than 15 feet in height unless
otherwise approved for waiver as herein provided.
Roof - mounted satellite television antennas shall not
exceed the lesser of the height of the antenna when
mounted on a standard base provided by the
manufacturer or installer for ordinary operation of
the antenna or the height limitation provided by the
zoning code.
5. Number. Only one satellite television antenna shall
be permitted on any residential lot or parcel of land.
In no case shall a satellite television antenna be
permitted to be attached to a portable device for the
purpose of relocating the entire antenna on the
property in order to circumvent the intentions of
this section.
6. Technological Impracticality - Basis for Waiver. In
the event that the strict application of the provisions
of this zoning code would make it impossible for
satellite television antenna upon any lot in the city
to receive a usable satellite signal, or in the event
that the property owner believes that alternatives
exist which are less burdensome to adjacent
property owners, the property owner may make
application to the hearing examiner for a waiver
from these provisions. The hearing examiner may
grant such a waiver upon findings that either:
a. Technological impracticality:
i. Actual compliance with the existing
provisions of the city's zoning
ordinance would prevent the satellite
television antenna from receiving a
usable satellite signal; and
ii. The alternatives proposed by the
property owner constitute the
minimum necessary to permit
230489.10 -3-
acquisition of a usable satellite signal
by the satellite television antenna.
In granting the waiver, the hearing
examiner is ordered to impose such
conditions as may be necessary to
place the minimum burden on
adjacent property owners, such
conditions may include but are not
limited to requirements for screening
and landscaping, review of the color
and reflectivity of the proposed
satellite television antenna, and any
other reasonable restriction
consistent with the intent of the city
council that this waiver be used only
as the minimum necessary to permit
the satellite television antenna to
acquire a usable satellite signal while
preserving the aesthetic harmony of
the community. In exercising the
power herein granted, the hearing
examiner is instructed to preserve the
technical operation of the satellite
television antenna in order that it
may secure a usable satellite antenna
while imposing such conditions as
may be necessary to have that
antenna blend into its surroundings.
b. Less burdensome alternatives. The hearing
examiner is also authorized to consider the
application of property owners for waivers
consistent with the provisions of paragraph
D(6)(a) of this section without requiring a
finding that no usable satellite signal can be
acquired when the applicant establishes that
the alternatives proposed by the applicant
are less burdensome to the abutting property
owners than the requirements imposed by
the provisions of this section.
C. The application fee and notification for the
230489.10 -4-
consideration of the waiver shall be the same
as that provided for processing a variance.
d. In the event that an applicant for waiver is
also obligated to obtain architectural design
review, the architectural design board shall
defer to the hearing examiner. The hearing
examiner may, at his /her discretion request
architectural design board review and
comment in order that a required screening
and landscaping may be integrated into site
and landscaping plans. No additional fee
shall be required of the applicant upon such
referral.
E. Amateur Radio Towers. The following regulations apply
to the installation of an amateur radio tower or antenna:
1. Definition. "Amateur radio tower" means an
antenna and tower which transmits non - commercial
communication signals and is licensed as an amateur
radio tower by the Federal Communications
Commission. Guy wires for amateur radio towers
are considered part of the structure for the purpose
of meeting development standards.
2. General. Amateur radio towers must be installed
and maintained in compliance with the Uniform
Building and Electrical Codes, as the same exist or
are hereafter amended. A conditional use permit
shall be required in order to install any such device.
A building permit shall also be required.
3. Location. Amateur radio towers may be ground or
roof - mounted, however, these devices shall:
a. be located and constructed in such a manner
as to reasonably ensure that in its fully
extended position, it will not fall in or onto
adjoining properties;
b. not interfere with nearby utility lines, etc.;
and
230489.10 -5-
C. not be located within any required setback
area.
4. Height. The height of a ground- mounted tower
may not exceed 65 feet when extended unless an
applicant demonstrates that physical obstructions
impair adequate use of the tower.
Only telescoping towers shall be used. Such towers
shall comply with the height limit within the
applicable zone and may only exceed the height
limit of the applicable zone and /or 65 foot height
limit when extended and operating.
The maximum combined height of a structure and a
roof - mounted antenna shall not exceed a height of
25 feet above the existing roofline or such height
limit as is applicable to the zone in which located,
whichever is greater.
5. Aesthetic. To the extent technically feasible and in
compliance with safety regulations, specific paint
colors may be required to allow the tower to blend
better with its setting.
6. Screening, Landscaping. Amateur radio towers
shall be screened by a view - obstructing fence, wall
or hedge six feet in height, which shall be
maintained in good condition.
7. Signs Prohibited. No signs shall be placed or
posted on amateur radio towers.
F. The provisions of subparagraphs D and E shall be
interpreted in accordance with the regulations of the
Federal Communications Commission including but not
limited to PRB -1. In the event of ambiguity or conflict
with any of the apparent provisions of this ordinance, the
provisions of Federal Regulations shall control.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
230489.10 -6-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
ATTEST /AUTHENTICATED :
Zez.
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLE
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3257
APPROVED:
MAYOR, BARBARA S. �
06/11/99
06/15/99
06/20/99
06/25/99
230489.10 -7-
SUMMARY OF ORDINANCE NO. 3257
of the City of Edmonds, Washington
On the 15th day of June, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3257. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION
16.20.050 SITE DEVELOPMENT STANDARDS - ACCESSORY BUILDINGS BY
AMENDING SUBSECTION D AND ADDING A NEW SUBSECTION E TO CLARIFY
REQUIREMENTS RELATING TO SATELLITE TELEVISION ANTENNAS AND
AMATEUR RADIO TOWERS BY THE AMENDMENT OF PARAGRAPH D AND THE
ADDITION OF A NEW PARAGRAPH E, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 1999.
'dam
CITY CLERK, SANDRA S. CHASE
Affidavit of Publication RECEIVED
JUN 2 41999
STATE OF WASHINGTON, EDMONDS CITY CLEr-
COUNTY OF SNOHOiVLISH, ss
hinln
a
0-31 15th day9of June, 1999, .
the;0ty Council of the City of
The undersigned, being first duly sworn on oath deposes and says
327.hds, passed Ordinance No.
3157; A summary of the content
that she is Principal Clerk of THE HERALD, a daily newspaper
P Y
of slid ordinance, consisting of,
the title, provides as follows:
printed and published in the City of Everett, County of Snohomish,
AN ORDINANCE OF THE CITY,
WASHINGTON,:
OF EDMONDS, DING T HE PROVISIONS
AMENDING T .
and State of Washington; that said newspaper is a newspaper of
OF THE EDMONDS COMMU -`
NITY DEVELOPMENT CODE,;
general circulation in said County and State; that said newspaper
SECTION 16.20.050 I
D VF M T T N A -:
has been approved as a legal newspaper by order of the Superior
UILL)ING4 BYi
AND ADDING A NEW SUB -
Court of Snohomish County and that the notice ......... ...............................
SECTION E TO CLARIFY RE-
QUIREMENTS RELATING TOj
SATELLITE TELEVISIONi
ANTENNAS AND AMATEUR
Su mal of Ordinance No. 3257
RADIO TOWERS BY THE
AMENDMENT OF PARAGRAPH
NEW AND PARAG PARAGRAPH OF AND
Site Development Standards - Accessory Buildings
FIXINGA TIME WHEN THE
SAME SHALL BECOMEI
....................................................................................................... ...............................
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 16th day of June.�
............................................ ............................... ............................ ...............................
1999.
CITY CLERK,
copy of which is hereunto attached was ublished . in said
a printed CO p
SAN
Published: June 20,S1999ASE
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
4unP...2Q.,....1999
....................................................................................................... ...............................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
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Principal Clerk
20th
Subscribed and sworn to before me this .................
w...-.- ........-. ..... . ...... .� ..
Notary Public in and for
residing at Everett, Snoh
.......................... 19 - -- 99
.......................
Washington,
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