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Ordinance 32570006.150.003 WSS /gjz 04/16/99 R:06/ 16/99gjz 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. ���.. ...... ....... ... ..... .............. Principal Clerk 20th Subscribed and sworn to before me this ................. w...-.- ........-. ..... . ...... .� .. Notary Public in and for residing at Everett, Snoh .......................... 19 - -- 99 ....................... Washington, i�v �`� q O 'TARY N• a PUBLIC .seor F Q e1AiA? %% %% B -z -1