Clyde Hill City Zoning Code
CHAPTER 17
50 COMMUNICATIONS FACILITIES
§ 17.50.010 Purpose.
A.
Clyde Hill residents are proud of their community and have taken great efforts to preserve the natural visual character of the city. For example, views of Lake Washington, the mountain ranges, treed areas and the Seattle skyline are amenities of the city enjoyed by many Clyde Hill residents.
B.
Dish antennas often interfere visually with enjoyment of these amenities, and need to be regulated to minimize these conflicts. The development controls described in this chapter endeavor to promote aesthetic qualities and establish performance standards where there would be a detrimental effect on neighboring properties.
C.
Other types of wire and rod antennas do not interfere with these amenities to the same degree as dish antennas.
D.
The city recognizes that some provisions relating to placement and screening of dish antennas may interfere with the reception or transmission of a "usable signal" or block the antenna's "reception window." It is also noted that the effect of strict enforcement of placement and screening regulations may not be the best solution to address the aesthetic impacts.
E.
Therefore, the purpose of this chapter is to minimize the adverse aesthetic impacts and public health, safety and welfare concerns involved in placement and operation of communications facilities in the community, and at the same time, to reasonably accommodate effective communication and reception of the communication facility user.
(Ord. 713 § 2, 1995; Ord. 805 § 1, 1999)
§ 17.50.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A.
"Antenna"
means an apparatus, outside of or attached to the exterior of a structure, together with any supporting structure for sending or receiving electromagnetic waves. Antennas permitted under this chapter include dish antennas, wire or rod antennas. Wire, rod and nondish receive only radio and television antennas are not included in this definition or addressed under this chapter.
B.
"Amateur radio antenna"
means a tower and antenna by which communication signals are transmitted and received, all as defined by the Federal Communications Commission. Guy wires for amateur radio antennas must be considered part of the structure for the purposes of meeting the development standards of this chapter.
C.
"Reception window obstruction"
means a physical barrier which would block the communication signal.
(Ord. 713 § 2, 1995; Ord. 787 § 1, 1998; Ord. 805 § 1, 1999)
§ 17.50.030 Permits.
Building permits, and payment of the accompanying fee established by resolution of the city, shall be required for antennas as described below.
A.
Amateur Radio Antennas. An amateur radio antenna accessory to a residential use shall be required to comply with the requirements of the Washington State Building Code, including the seismic and wind resistance provisions of the code, and to obtain a building permit. Such amateur radio antennas shall also meet the development standards of CHMC § 17.50.050.
B.
Dish Antennas. Large dish antennas shall also be required to comply with the requirements of the Washington State Building Code, including the seismic and wind resistance requirements, and to obtain a building permit. Large dish antennas shall also meet the development standards of CHMC § 17.50.050.
C.
Small Dish Antennas and Other Exempt Antennas.
1.
The following antennas are exempt from permit requirements:
a.
Small dish antennas; and
b.
Other antennas described in CHMC § 17.50.020(A) which meet the development standards of CHMC § 17.50.050 and which are accessory to residential uses.
2.
Any tower, building or pole upon which an antenna will be located shall be required to meet the requirements of the Washington State Building Code, including the seismic and wind resistance provisions of the code, and a building permit shall be required, unless otherwise exempt under CHMC Title 15.
D.
Modifications to Antennas. Any modifications proposed to an existing antenna permitted under this chapter shall be processed as follows:
1.
Modifications to any existing permitted or exempt antenna shall be exempt from permit requirements if the modification proposed will result in an antenna that meets the development standards of CHMC § 17.50.050 and does not include co-location of any transmission equipment designed to transmit or receive nonpersonal wireless communications services.
2.
Modifications to any existing permitted or exempt antenna which constitute an eligible facilities request, as defined in CHMC § 17.77.010, but will result in exceeding the development standards of CHMC § 17.50.050 or involve co-location of any transmission equipment designed to transmit or receive nonpersonal wireless communications services will require an application as described in CHMC § 17.77.085 in addition to a building permit.
3.
All other modifications that do not constitute eligible facilities requests and will result in exceeding the development standards of CHMC § 17.50.050 shall be processed in accordance with CHMC § 17.50.060, Special exceptions, and shall require a building permit.
(Ord. 713 § 2, 1995; Ord. 787 § 2, 1998; Ord. 805 § 1, 1999; Ord. 941 § 2, 2016)
§ 17.50.040 Prohibited communication devices, exemption for right-of-way placement.
Antennas and communications devices not otherwise exempt from the regulations in this chapter or Chapter 17.77 CHMC are prohibited.
(Ord. 713 § 2, 1995; Ord. 805 § 1, 1999)
§ 17.50.050 Development standards.
Only one of the antennas described in subsections (A) and (B) of this section may be allowed on one lot in the city, except as provided in CHMC § 17.50.060. Those permitted antennas located, installed or placed on any lot in the city must meet the following development criteria:
A.
Large Dish Antennas.
1.
Are prohibited in the required front yard;
2.
Shall be set back a minimum of 10 feet from all lot lines, except as provided in CHMC § 17.50.060;
3.
Shall be counted in structural and impervious lot coverage calculations. Coverage shall be calculated with the dish in a horizontal position;
4.
Shall not be located on rooftops or sides of principal or accessory structures, except as provided in CHMC § 17.50.060;
5.
Maximum height shall be eight feet above original grade, except as provided in CHMC § 17.50.060;
6.
Maximum diameter shall be eight feet, except as provided in CHMC § 17.50.060;
7.
When freestanding, screening of the dish antenna from the street shall be provided by a view-obscuring fence, wall, vegetation placed in a random fashion or hedge six feet in height, which shall be maintained in good condition.
B.
Amateur Radio Towers.
1.
Are prohibited in the required front or side yards;
2.
At its base, shall be located at a distance from any lot line at least one-half the height of the total structure, including tower, any cage and antenna;
3.
The tower shall be no more than 50 feet above existing grade, except as provided in CHMC § 17.50.060. Cages and antennas may extend to a maximum additional 15 feet;
4.
Shall be screened by a view-obscuring fence, wall or hedge six feet in height, which shall be maintained in good condition.
C.
All antennas shall be restricted to the height limit of the underlying zone.
(Ord. 713 § 2, 1995; Ord. 787 § 3, 1998; Ord. 805 § 1, 1999)
§ 17.50.060 Special exceptions.
A.
Special Exceptions Allowed. When adherence to all the development standards of this chapter would result in a reception window obstruction or prevent effective communication in all permissible locations, a special exception may be permitted.
1.
Dish Antennas. The first waiver to be considered will be from the setback requirement, the second waiver will be from the size and screening requirements, and the third from the maximum permitted elevation requirement up to a maximum of 18 feet. Only if these waived regulations would still result in a reception window obstruction shall rooftop location be considered under the special exception criteria below.
2.
Amateur Radio Towers. Where a property owner desires to vary from the height or setback limitations, the special exception criteria below must be met.
B.
Special Exception Criteria. A property owner desiring a special exception as allowed in this section shall make application to the administrator and pay the fee as established by resolution of the city council. In addition, the following criteria must be met:
1.
The applicant shall justify the request for a special exception by demonstrating that the obstruction or inability to receive a communication signal is the result of factors beyond the property owner's control, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction;
2.
The applicant for a special exception shall demonstrate that the proposed materials, shape and color of the antenna will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible, and the administrator may require the applicant to use material, shape and color to minimize visual impact;
3.
If a special exception is sought to permit a dish antenna on a rooftop location, the maximum permitted height of the device shall be four feet above the existing roof line, and the administrator may require the applicant to place the antenna in an area on the roof which takes into consideration view blockage and aesthetics, so long as there is a usable signal;
4.
The applicant for a special exception shall demonstrate that the antenna will not be substantially detrimental to the public health and safety. (For example, by showing that the antenna will be constructed to proper wind resistance standards at the proposed increased height, or that the antenna will be properly anchored.)
(Ord. 713 § 2, 1995; Ord. 805 § 1, 1999)
