Ordinance 2526b
WSS/naa
08/08/85 2526
R: 09/06/85 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING TITLE 21 BY THE ADDITION OF NEW SECTIONS
21.90.008 DEFINING SATELLITE TELEVISION ANTENNAS
AND 21.105.015 DEFINING USABLE SATELLITE SIGNAL,
AMENDING SECTION 16.20.050 RELATING TO ACCESSORY
STRUCTURES TO ADD A NEW SUBSECTION (D) RELATING
TO SATELLITE TELEVISION ANTENNAS WHICH PROVIDES
FOR REGULATIONS REGARDING THE INSTALLATION OF
SUCH ANTENNAS AND A PROVISION FOR WAIVER FROM
SUCH PROVISIONS, AMENDING CHAPTER 16.30.040
RELATING TO THE EXCEPTIONS TO RM ZONE SITE
DEVELOPMENT STANDARDS TO PROVIDE FOR SATELLITE
TELEVISION ANTENNAS, AMENDING SECTION 16.45.020
RELATING TO BN ZONE SITE DEVELOPMENT STANDARDS
TO PROVIDE FOR SATELLITE TELEVISION ANTENNAS,
AMENDING SECTION 16.50.020 RELATING TO BC ZONE
SITE DEVELOPMENT STANDARDS TO PROVIDE FOR
SATELLITE TELEVISION ANTENNAS, AMENDING SECTION
16.55.020 RELATING TO CW ZONE SITE DEVELOPMENT
STANDARDS TO PROVIDE FOR SATELLITE TELEVISION
ANTENNAS, AMENDING SECTION 16.60.020 RELATING
TO CG ZONE SITE DEVELOPMENT STANDARDS TO PRO-
VIDE FOR SATELLITE TELEVISION ANTENNAS AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds,
Washington, deems it to be in the best interests of the public
health, safety and welfare to regulate the installation and
maintenance of satellite television antennas in order to preserve
the aesthetic environment of the City of Edmonds, and
WHEREAS, in so doing the Council wishes to preserve the
First Amendment and other constitutional rights of individuals
owning and wishing to purchase and install satellite television
antennas by preserving the technological use of those antennas,
now, therefore,
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. Chapter 21.90 is hereby amended by the
addition of a new section 21.90.010 relating to satellite
television antennas to read as follows:
21.90.008 Satellite Television Antenna.
A satellite television antenna is an apparatus capable
of receiving communications from a transmitter or a
transmitter relay located in planetory orbit.
Section 2. Chapter 21.105 is hereby amended by the
addition of a new section 21.105.015 relating to usable satellite
signal to read as follows:
21.105.015 Usable Satellite Signal.
A usable satellite signal is a satellite signal which
when acquired by the use of a properly installed,
maintained and operated satellite television antenna of
a high quality readily available on the public market
and when viewed on a conventional television set is at
least equal in picture quality to that received from
local commercial television stations or by way of cable
television.
Section 3. Section 16.20.050 relating to accessory
buildings is hereby amended by the addition of a new subparagraph
(D) relating to satellite television antennas to read as follows:
16.20.050 Accessory Structures.
D. Satellite Television Antenna.
The following regulations shall apply to the
installation of a satellite television antenna:
1. General. Satellite television antennas must
be installed and maintained in compliance with the
Uniform Building and Electrical Codes as the same
exist or 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
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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
(9) feet in diameter unless otherwise provided for
by these ordinances. In no event shall any roof
mounted satellite television antenna exceed the
maximum height limitations established by these
ordinances.
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.
4. Size and height. Maximum size for a ground
mounted parabolic, spherical or dish antenna shall
be twelve (12) feet in diameter. No ground
mounted antenna shall be greater than fifteen (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 ordinance.
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
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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:
(1) 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
(2) The alternatives proposed by the
property owner constitute the minimum
necessary to permit 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
subsection (a) above 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 ordinance.
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C. The application fee and notifiction for
the 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.
Section 4. Section 16.20.050 relating to RM zone site
development standards is hereby amended by the addition of a new
subsection (C) to rad as follows:
C. Satellite Television Antenna. Satellite
television antennas shall be regulated as set
forth in Section 16.20.050 and reviewed by the
Architectural Design Board.
Section 5. Section 16.45.020 relating to BN site
development standards is hereby amended by the addition of a new
subsection (D) relating to satellite television antennas to read
as follows:
D. Satellite television antennas shall be regulated
as set forth in Section 16.20.050, and reviewed by
the Architectural Design Board.
Section 6. Section 16.50.020 relating to BC site
development standards is hereby amended by the addition of a new
subsection (E) relating to satellite television antennas to read
as follows:
E. Satellite television antennas.
Satellite television antennas shall be regulated
as set forth in Section 16.20.050 and reviewed by
the Architectural Design Board.
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Section 7. Section 16.55.020 relating to CW site
development standards is hereby amended by the addition of a new
subsection (E) relating to satellite television antennas to read
as follows:
E. Satellite television antennas.
Satellite television antennas shall be regulated
as set forth in Section 16.20.050 and reviewed by
the Architectural Design Board.
Section 8. Section 16.60.020 relating to CG site
development standards shall be amended by the addition of a new
subsection (D) relating to satellite television antennas to read
as follows:
D. Satellite television antennas.
Satellite television antennas shall be regulated
as set forth in Section 16.20.050 except that roof
mounted television antenna may be twelve (12) feet
in diameter when approved by and following review
by the Architectural Design Board.
Section 8. This ordinance or a summary thereof
consisting of the title, shall be published in the official
newspaper of the City and shall take effect and be in full force
five (5) days after the date of publication.
APPROVED BY:
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MAYOR, LARRY G TEN
ATTEST/AUTHENTICATED:
9ITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE Cl2Y ATTORNEY:
m
FILED WITH THE—CIT�;LERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: October 6, 1985
EFFECTIVE DATE: October 11,
ORDINANCE NO. 2526
August 12, 1985
October 1, 1985
IMM
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Affidavit ®f Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHO:VISH,
ORDINANCE NO. 2526
AN ORDINANCE OF THE
CITY OF EDMONDS, WASH-
The undersigned, being first duly sworn on oath deposes and says
INGTON, AMENDING TITLE
N BY THE ADDITION OF.
NEW SECTIONS �21.90.006'
that she is Principal Clerk of THE HERALD, a daily newspaper
h Y
DEFINING SATELLITE
TELEVISION ANTENNAS
printed and published in the City of Everett, County of Snohomish,
AND 21.105.015 DEFI.NING.
USABLE SATELLITE SIG-
NAL; AMENDING SECTION
and State of Washington; that said newspaper is a newspaper of
16.20:050 RELATING TO AC-
CESSORY STRUCTURES TO
general circulation in said County and State; that said newspaper
ADD A NEW SUBSECTION
(D) RELATING TO SATEL-
has been approved as a legal newspaper by order of the Superior
LITE TELEVISION ANTEN-
NAS WHICH PROVIDES
Court Snohomish County and that the notice
REGULATIONSNSRREGARDRD -;
of ........................................
ING THE INSTALLATION OF*
SUCH ANTENNAS AND.A
PROVISION FOR .WAIVER
(ir.d_i.n'inX.eZ..`
FROM SUCH PROVISIONS,
------ ------- .2--6...........................................
AMENDING CHAPTER
16.30.040 RELATING TO THE
EXCEPTIONSTO RM ZONE............................................................ ........................ ........... -...... ..................... SITE. DEVELOPMENT
STANDARDS TO PROVIDE
FOR SATELLITE TELEVI-
SION ANTENNAS, AMEND-
ING 'SECTION 16.45.020 RE-
LATING- --------------------------'-------------------------------...------------------------------------------------------------------
DVELTO BN ZONE SITE a printed co of which is hereunto attached was published in said
DEVELOPMENT. STAND- P 1>Y o
ARDS TO RPOVIDE FOR.
SATELLITE TELEVISION: newspaper proper and not in supplement form, in the regular and
ANTENNAS, AMENDING'
SECTION 16.50.020 RELAT entire edition Of said paper on the following days and times, namely:
ING TO BC TONE SITE -DE-
VELOPMENT STANDARDS
TO-PROVIDE`FOR SATEL-
LITE TELEVISION ANTEN- October 6, 1985
NAS, AMENDING -SECTION
16.55.020 RELATING TO.CW ........................................... -..........................................................................................
ZONE SITE DEVELOPMENT -
STANDARDS TO PROVIDE
FOR SATELLITE TELEVI-
SION ANTENNAS,. AMEND-. ........ ------.............................. •.............. ............. ---
1NG -SECTION .16.60,020. RE-
LATING TO CG ZONE SITE and that said newspaper was regularly distributed to its subscribers
DEVELOPMENT.- STAND-
ARDS TO PROVIDE FOR
SATELLITE- TELEVISION during all of said period
ANTENNAS AND FIXING A_ /7)
TIME WHEN THE SAME ,} )
SHALL BECOME EFFEC-
TIVE. The full text of the or- ----�- ---`-G/ .-i.G .C�..----------•----- 4 'J�-�i.-ram. ............
dinance willbe mailed to any- Principal Clerk
one Upon. request.
Published:, October 6, 1985.
Subscribed and sworn to before me this .........................
day of-----------.F.1b e r.............. .� ..--------..., 19- - 5 .
Notayc i�n and for the State of Washington,
resi ind at Everett, Snohomish County.
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