Ordinance 35100006.90000
WSS /gjz
7/9/04
ORDINANCE NO. 3510
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECDC 16.20.050(E) AND (F)
DEALING WITH AMATEUR RADIO ANTENNAS AND
WAIVERS FOR TECHNOLOGICAL IMPRACTICALITY IN
ORDER TO CORRECT CERTAIN SCRIVENERS ERRORS,
WITHOUT ALTERING THE SUBSTANCE OF THE
REGULATIONS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council, following Planning Board recommendations and
public hearing, enacted regulations governing satellite radio antennas and amateur radio antennas
by Ordinance No. 3490; and
WHEREAS, a citizen has pointed out an incorrect paragraph reference within the
ordinance and grammatical errors within the ordinance and the Council finds correction of these
errors to be appropriate so that it may be more readily understood by its citizens and applied by
the hearing examiner; and
WHEREAS, the provisions of paragraphs E and F of ECDC Section 16.20.050
have been restructured, and punctuation and references corrected without changing the substance
of such provisions, and
WHEREAS, after review of the ordinance, the City Council finds that it corrects
scriveners errors without amending the content and is therefore in conformance with the prior
action of the City Council based upon public hearings, and the recommendation of the Planning
Board, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC 16.20.050(E) Amateur Radio Antenna and (F) Technological
Impracticality are hereby amended to, but only to, correct scrivener's errors in the following
manner:
16.20.050 Site development standards - accessory buildings
and structures.
E. Amateur Radio Antennae.
1. The following applications for the following approvals
shall be processed in accordance with ECDC 20.95.050 Staff
Decision Notice Required:
a. Requests to utilize an amateur radio antenna dish which
measures greater than one (1) meter or 1.1 yards in diameter;
b. Requests to utilize an antenna which:
i. would be greater than 12 feet in height above the
principal building on a site. The height of the antenna shall be
determined by reference to the highest point of the roof of the
principal building, exclusive of the chimney or other roof mounted
equipment. The request to locate a 12 foot antenna on a building is
limited to buildings whose height conforms to the highest limit of
the zone in which the building is located.
ii. would exceed the height limit of the zone when
mounted on the ground or on any accessory structure [see
subparagraph 2(d) below].
2. The application shall comply with the following
regulations:
a. 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.
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b. 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.
C. Location. Amateur radio antennas may be ground- or roof -
mounted, however, these devices shall:
i. 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;
ii. Not be located within any required setback area,
and
iii. Be retracted in inclement weather posing a hazard
to the antenna.
d. 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 subsection F.
below).
i. Only telescoping towers may exceed the height
limits established by subsection E(1)(b) of this section. 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.
ii. An antenna located on a nonconforming building or
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.
e. 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.
F. Technological Impracticality - Request for waiver.
1. The owner, licensee or adjacent property owner may apply
for a waiver if:
a. Strict application of the provisions of this zoning code
would make it impossible for the owner of a satellite television
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antenna to receive a usable satellite television antenna to receive a
usable satellite signal;
b. Strict application of the provisions of this zoning code
would make it impossible for the holder of any amateur radio
license to enjoy the full benefits of an FCC license or FCC
protected right; or
C. an adjacent property owner or holder of an FCC license or
right believes that alternatives exist which are less burdensome to
adjacent property owners.
2. The request for waiver shall be reviewed by the Hearing
Examiner and may be granted upon a finding that one of the
following sets of criteria have been met.
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 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; or
ii. 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.
b. Less Burdensome Alternatives. The hearing examiner is
also authorized to consider the application of adjacent property
owners a for waiver consistent with the provisions of subsection
(F)(1)(c) of this section without the requirement of a finding that a
usable satellite signal cannot be acquired when the applicant or
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 on additional screening or the relocation of the
antenna on the licensee's property. In the interactive process
described in subsection 3 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
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antenna, its location and screening that do not impair the rights
granted by the FCC to the licensee.
3. The process shall be an interactive one in which the hearing
examiner works with the licensee to craft conditions which place
the minimum possible burden on adjacent property owners while
permitting the owner of the satellite antenna or holder of an
amateur radio license to fully 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. Any restriction shall be
consistent with the intent of the City Council that a waiver to the
antenna owner 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 Commission license after consideration of
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 the
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.
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Section 2. Savings Clause. In the event that this ordinance or any part thereof is
invalidated by a court of competent jurisdiction, the provisions of Ordinance 3490 shall be
revived to the extent necessary to maintain regulation of amateur radio antennas and a process
for waiver. In that event, the provisions of this ordinance shall serve as a guide to the Council's
intent in the interpretation and application of Ordinance 3490.
Section 3. Effective Date. This ordinance, being an exercise of a power
specifically 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:
MAY R GAVY 11AAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07/16/2004
PASSED BY THE CITY COUNCIL: 07/20/2004
PUBLISHED: 07/25/2004
EFFECTIVE DATE: 07/30/2004
ORDINANCE NO. 3510
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SUMMARY OF ORDINANCE NO. 3510
of the City of Edmonds, Washington
On the 20th day of July, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3510. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECDC
16.20.050(E) AND (F) DEALING WITH AMATEUR RADIO ANTENNAS AND WAIVERS
FOR TECHNOLOGICAL IMPRACTICALITY IN ORDER TO CORRECT CERTAIN
SCRIVENERS ERRORS, WITHOUT ALTERING THE SUBSTANCE OF THE
REGULATIONS, AND FIXING 'A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21St day of July, 2004.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3510
o t e iry o mon s, as i—fi ngton
On the 20th day of July, 2004, the City Council of the City
of Edmonds, passed Ordinance No. 3510. A summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING ECDC 16.20.050(EI ANTENNASS AND (F) DEALING
WITH AMATEUR RADIO AND WAIVERS FOR
TECHNOLOGICAL IMPRACTICALITY ON ORDER TO
CORRECT CERTAIN SCRIVENERS ERRORS, WITHOUT
ALTERING THE SUBSTANCE OF THE REGULATIONS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of Jul y, 2004.
CITY CLERK, SANDRA S. CHASE
Published: July 25, 2004.
RECEIVED
AUG 0 6 2004
EDMONDS CITY CLERIC`
Affidavit of Publication
S.S.
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. 3510
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:
July 25, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sw'dT67 to before me this
day of July, 2004
Notary Public in and for thc�State of
County. `
26th
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Account Name: City of Edmonds Account Number. 101416 Order Number. 0001192135