23.57.010

A. Uses Permitted Outright. 1. Amateur radio devices accessory to a residential use that meet the development standards of subsection 23.57.010.E are permitted outright. 2. Minor communication utilities are permitted outright on existing freestanding major or minor telecommunication utility towers. Minor communication utilities locating on major communication utility towers are subject to the limitations of Sections 23.57.003 and 23.57.005 . B. Accessory Communication Devices. 1. Communication devices, regulated by this chapter pursuant to Section 23.57.002 , that are accessory to residential uses and meet the development standards of subsection 23.57.010.E are permitted outright; 2. Communication devices on the same lot as and accessory to institutions, public facilities, public utilities, major institutions and nonconforming residential uses, that meet the development standards of subsection 23.57.010.E are permitted outright. C. Uses Permitted by Administrative Conditional Use. 1. The following may be permitted by Administrative Conditional Use, pursuant to criteria listed in subsection 23.57.010.C.2, as applicable: a. The establishment or expansion of a minor communication utility, unless the minor communication utility is permitted outright on an existing freestanding major or minor communication tower, except on lots zoned neighborhood residential and containing a single family dwelling or no use. b. Mechanical equipment associated with minor communication utilities whose antennas are located on another site or in the right-of-way, where the equipment is completely enclosed within a structure that meets the development standards of the zone. The equipment shall not emit radiofrequency radiation, and shall not result in the loss of a dwelling unit. Antennas attached to City-owned poles in the right-of-way shall follow the terms and conditions contained in Section 15.32.300 . 2. Administrative Conditional Use Criteria. a. The proposal shall not be significantly detrimental to the residential character of the surrounding residentially zoned area, and the facility and the location proposed shall be the least intrusive facility at the least intrusive location consistent with effectively providing service. In considering detrimental impacts and the degree of intrusiveness, the impacts considered shall include but not be limited to visual, noise, compatibility with uses allowed in the zone, traffic, and the displacement of residential dwelling units. b. The visual impacts that are addressed in Section 23.57.016 shall be mitigated to the greatest extent practicable. c. Within a Major Institution Overlay District, a Major Institution may locate a minor communication utility or an accessory communication device, either of which may be larger than permitted by the underlying zone, when: 1) The antenna is at least 100 feet from a Major Institution Overlay District boundary, and 2) The antenna is substantially screened from the surrounding neighborhood's view. d. If the proposed minor communication utility is proposed to exceed the permitted height of the zone, the applicant shall demonstrate the following: 1) The requested height is the minimum necessary for the effective functioning of the minor communication utility, and 2) Construction of a network of minor communication utilities that consists of a greater number of smaller less obtrusive utilities is not technically feasible. e. If the proposed minor communication utility is proposed to be a new freestanding transmission tower, the applicant shall demonstrate that it is not technically feasible for the proposed facility to be on another existing transmission tower or on an existing building in a manner that meets the applicable development standards. The location of a facility on a building on an alternative site or sites, including construction of a network that consists of a greater number of smaller less obtrusive utilities, shall be considered. f. If the proposed minor communication utility is for a personal wireless facility and it would be the third separate utility, or any subsequent separate utility after the third utility, on the same lot, the applicant shall demonstrate that it meets the criteria contained in subsection 23.57.009.A, except for minor communication utilities located on a freestanding water tower or similar facility. D. Uses Permitted by Council Conditional Use. The establishment or expansion of a minor communication utility other than as described in subsection 23.57.010.C, may be permitted as a Council Conditional Use, pursuant to the following criteria, as applicable: 1. The proposal is for a personal wireless facility that meets the criteria contained in subsection 23.57.009.A; 2. If located on a lot developed with a single family dwelling, the proposed minor communication utility is clearly incidental to the use of the property as a dwelling; 3. If the proposed minor communication utility is proposed to exceed the permitted height of the zone, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility. E. Development Standards. 1. Location. Minor communication utilities and accessory communication devices regulated pursuant to Section 23.57.002 and amateur radio towers: a. Are prohibited in the required front yard, and amateur radio towers are additionally prohibited in side yards. b. When ground-mounted, shall be included in lot coverage and rear yard coverage calculations. For dish antennas, lot coverage shall be calculated with the dish in a horizontal position. c. May be located on rooftops of non-residential buildings, but shall not be located on rooftops of principal or accessory structures containing residential uses, except as provided in subsection 23.57.010.E.5. 2. Height and Size. a. The height limit of the zone applies to minor communication utilities and accessory communication devices. Exceptions to the height limit may be authorized through the approval of an Administrative Conditional Use pursuant to subsection 23.57.010.C or a Council Conditional Use pursuant to subsection 23.57.010.D. b. The maximum diameter of dish antennas is 6 feet, except for major institutions within a Major Institution Overlay District, when regulated as an administrative conditional use pursuant to subsection 23.57.010.C. c. The maximum height of an accessory amateur radio tower is no more than 50 feet above existing grade. Cages and antennas may extend to a maximum additional 15 feet. The base of the tower shall be setback from any lot line a distance at least equivalent to one-half the height of the total structure, including tower or other support, cage and antennas. 3. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014 , and amateur radio towers, shall meet the standards set forth in Section 23.57.016 . 4. Access and Signage. Access to transmitting accessory communication devices and to minor communication utilities shall be restricted to authorized personnel by fencing or other means of security. If located on a residential structure or on a public utility, warning signs at every point of access to the transmitting antenna shall be posted with information on the existence of radiofrequency radiation. 5. Reception Window Obstruction. If, in the case of an accessory communications device or minor communications utility that would otherwise comply with this Section 23.57.010 , the strict adherence to all development standards would result in reception window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from development standards of subsection 23.57.010.E.1.c and the screening requirements of Section 23.57.016 . The first waiver to be considered will be reduction, then waiver from screening. Only if these waived regulations would still result in obstruction shall rooftop location be considered. Approval of a waiver is subject to the following criteria: a. The applicant shall demonstrate that the obstruction is a 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. b. The applicant is required to use material, shape and color to minimize visual impact. c. If a waiver is sought per this subsection 23.57.005.E.5.c to permit a rooftop location, the maximum permitted height of the device is 4 feet above the existing roofline or 4 feet above the zone height limit, whichever is higher. (Ord. 126509 , § 84, 2022 [zone name change]; Ord. 123649, § 45, 2011; Ord. 120928 § 31, 2002: Ord. 116295 , § 25, 1992.)