Ordinance 34900006.90000
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2/18/04
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ORDINANCE NO. 3490
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
16.20.050 SITE DEVELOPMENT STANDARDS - ACCESSORY
BUILDINGS IN ORDER TO AMEND ITS REGULATIONS
RELATING TO AMATEUR RADIO ANTENNAS AND TO
ADOPT AN INTERACTIVE PROCESS IN CONFORMANCE
WITH FCC REGULATION, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, amateur radio antenna operators are licensed by the Federal
Communications which, PRB -1 has established standards for local regulation, and
WHEREAS, amateur radio facilities play an important part in the emergency
network of our country, and
WHEREAS, amateur radio facilities have the potential to impact views and the
visual environment of the City unless limited in a reasonable way such as a requirement for the
use of crank -up antennas in order to minimize the impact on the neighborhood while allowing
operators the full use of their license, 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 Site
Development Standards - accessory buildings is hereby amended to read as follows:
16.20.050 Site development standards - Accessory
buildings.
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A. General. Accessory buildings and structures shall meet all
of the standards of ECDC 16.20.030 except as specifically
provided in this section.
B. Height. Height shall be limited to 15 feet, except for
amateur radio transmitting antennas and their supporting structures
C. Rear Setbacks. The normally required rear setback may be
reduced to a minimum of five feet for accessory buildings covering
less than 600 square feet of the site.
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 television antenna.
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
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unless otherwise approved for waiver as herein provided. The
height of 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 placed on wheels or
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.
E. Amateur Radio Antennas . Appoval of an amateur radio
antenna dish which measures greater than one meter or 1.1 yards in
diameter, or an antenna which: is mounted on a mast greater than
12 feet in height if mounted on the principal building or other
structures on the property, exclusive of chimneys and other roof
top structures on the property which conforms to the height limit of
the applicable zone, or exceeds the height limit of the applicable
zone if mounted on the ground or on an accessory structure on the
property; shall be processed according to ECDC 20.95.050, Staff
Decision — Notice Required, and shall comply with the following
regulations:
1. Definition. "Amateur radio antenna" means an antenna, or
any combination of a mast or tower plus an attached or mounted
antenna, which transmits noncommercial communication signals
and is utilized by an operator licensed by the Federal
Communications Commission. Guy wires for amateur radio
antennas are considered part of the structure for the purpose of
meeting development standards.
2. General. Amateur radio 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 to install an amateur radio
antenna.
3. Location. Amateur radio antennas 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;
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b. Not be located within any required setback area, and
C. Be retracted in inclement weather posing a hazard to the
antenma.
4. Height. The height of a ground- mounted tower or roof -top
antenna may not exceed the greater of the height limit applicable to
the zone or 65 feet when extended by a telescoping or crank -up
mechanism unless an applicant obtains a waiver (see paragraph G.
below).
A. Only telescoping towers may exceed the height limits
established by paragraph E. above. 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 and if a waiver has been granted.
B. Antennas located on a nonconforming structure which
exceeds the height limit of the zone in which it is located shall be
limited to height limit of the zone plus twelve feet.
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 fence, wall or hedge six feet in height, which
reasonably screens the tower and which shall be maintained in
good condition.
7. Signs Prohibited. No signs shall be placed or posted on
amateur radio towers.
F. Technological Impracticality - Request for Waiver. In the .
event that the strict application of the provisions of this zoning
code would make it impossible for the owner of a satellite
television antenna to receive a usable satellite signal, make it
impossible for the holder of any amateur radio license to enjoy the
full benefits of an FCC license or right, or in the event that the
property owner or licensed holder believes that alternatives exist
which are less burdensome to adjacent property owners, the owner
or licensee 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:
1. Technological Impracticality:
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a. Actual compliance with the existing provisions of the
City's zoning ordinance would prevent the satellite television
antenna from receiving a usable satellite signal or prevent an
individual from exercising the rights granted to him or her by the
Federal Communication Commission (FCC) by license, law or
FCC regulation;
b. The alternatives proposed by the property owner or licensee
constitute the minimum necessary to permit acquisition of a usable
satellite signal by a satellite television antenna or to exercise the
rights granted pursuant to a valid FCC license, law or FCC
regulation.
2. Less Burdensome Alternatives. The hearing examiner is
also authorized to consider the application of adjacent property
owners for waivers consistent with the provisions of paragraph
(F)(1) of this section without the requirement of a finding that a
usable satellite signal cannot be acquired when the applicant's
adjacent property owner(s) establish that the alternatives proposed
by the applicant are less burdensome to the adjacent property
owners than the requirements which would otherwise be imposed
under this ordinance. For example, adjacent property owners may
request alternative additional screening or the relocation of the
antenna on the licensee's property. In the interactive process
described in subparagraph B below, the hearing examiner shall
attempt to balance the impact of the tower on the views of adjacent
properties, as well as the impacts of alternative screening and
relocation in order to equitably distribute any negative impacts
among the neighbors while imposing reasonable conditions on the
antenna, its location and screening that do not impair the rights
granted by the FCC to the licensee.
3. The process shall be an inter - active one in which the
hearing examiner works with the licensee to craft conditions which
place the minimum burden on adjacent property owners while
permitting the owner of the satellite antenna or holder of an
amateur radio license to exercise the rights which he or she has
been granted by federal law. For example, the number of antennas
and size of the array shall be no greater than that necessary to
enjoy full use of the FCC license. Conditions may include but are
not limited to requirements for screening and landscaping, review
of the color, reflectivity and mass of the proposed satellite
television antenna or amateur radio facilities, and other reasonable
restrictions consistent with the intent of the City Council that a
waiver be granted only when necessary to permit the satellite
television antenna to acquire usable satellite signal or to allow the
licensee to exercise the rights granted by Federal Communication
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Commission license while preserving the aesthetic harmony of the
community. The process employed should involve the interaction
of the licensee or owner and the neighborhood. Certain issues
have been pre - empted by federal law and shall not be considered
by the hearing examiner. Such issues include, but are not limited
to the impacts of electromagnetic radiation, the potential
interference of the amateur radio facility with electronic devices in
the neighborhood and any other matter pre - empted by federal law
or regulation. Impact on view and on the values of neighboring
properties may be considered in imposing reasonable conditions
but shall not be a basis for denial of a permit to construct the
antenna.
4. The application fee and notification for consideration of the
waiver by an owner of a satellite television antenna shall be same
as that provided for processing a variance. No fee shall be charged
to the holder of a valid FCC amateur radio license.
5. In the event that an applicant for waiver is also obligated to
undergo architectural design review, the Architectural Design
Board shall defer any issues relating to the antenna and/or other
amateur radio equipment to the hearing examiner. The hearing
examiner may, at his or her discretion, request the Architectural
Design Board review and comment regarding required screening
and landscaping and its integration into sight and landscaping
plans. No additional fee shall be required of the applicant upon
such referral.
G. The provisions of subsections D, E and F of this section
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 section, the provisions of federal
regulations shall control.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
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.
APPROVED:
MAYORK 6AV HAAKENSON
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ATTEST /AUTHENTICATED:
C&et'
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/27/2004
PASSED BY THE CITY COUNCIL: 03/02/2004
PUBLISHED: 03/07/2004
EFFECTIVE DATE: 03/12/2004
ORDINANCE NO. 3490
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SUMMARY OF ORDINANCE NO. 3490
of the City of Edmonds, Washington
On the 2nd day of March, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3490. 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 ECDC 16.20.050 SITE DEVELOPMENT STANDARDS - ACCESSORY
BUILDINGS IN ORDER TO AMEND ITS REGULATIONS RELATING TO AMATEUR
RADIO ANTENNAS AND TO ADOPT AN INTERACTIVE PROCESS IN CONFORMANCE
WITH FCC REGULATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of March, 2004.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, } S.S.
COUNTY OF SNOHOMISH
S UMMABY_OF -0AD.INANCE -NO- 34.9.0
of the City of Edmonds, Washington
On the 2nd day of March, 2004, the City Council of the City
of Edmonds, passed Ordinance No. 3490. A summand of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING THE PROVISIONS OF ECDC 16.20.050
SIIEDEVELOPMENT-STANDARDS_ACCESSORY-BUILD=
INGS IN ORDER TO AMEND ITS REGULATIONS RELAT-
ING TO AMATEUR RADIO ANTENNAS AND TO ADOPT
AN INTERACTIVE PROCESS IN CONFORMANCE WITH
FCC REGULATION, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of March, 2004.
Published: March 7, 2004. CITY CLERK, SANDRA S. CHASE
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3490
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
March 07, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
6uoscrtDea ano sworn to oerore me mts
Notary Public in and for the State
County.
,,47_E `OF`�1�'
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001141810