23.57.011

A. Uses Permitted Outright. 1. Amateur radio devices accessory to a residential use that meet the development standards of subsection 23.57.011.C are permitted outright. 2. Communication devices accessory to residential, public facility, public utility, major institution or institutional use are permitted outright when they meet the development standards of subsection 23.57.011.C. 3. Mechanical equipment, associated with minor communication utilities whose antennas are located on another site or in the right-of-way, is permitted outright 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 . 4. 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. Uses Permitted by Administrative Conditional Use. The establishment or expansion of a minor communication utility regulated pursuant to Section 23.57.002 , may be permitted as an Administrative Conditional Use when they meet the development standards of subsection 23.57.011.C and the following criteria, as applicable: 1. The project shall not be substantially detrimental to the residential character of nearby residentially zoned areas, 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. 2. The visual impacts that are addressed in Section 23.57.016 shall be mitigated to the greatest extent practicable. 3. 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: a. The antenna is at least 100 feet from a MIO boundary, and b. The antenna is substantially screened from the surrounding neighborhood's view. 4. If the minor communication utility is proposed to exceed the zone height limit, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility. 5. 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. C. 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 a required front or side setback. b. May be located in a required rear setback, except for transmission towers. c. May be located on rooftops of buildings, including sides of parapets and penthouses above the roofline. Rooftop space within the following parameters does not count toward open space or amenity area requirements: the area 8 feet from and in front of a directional antenna and at least 2 feet from the back of a directional antenna, or, for an omnidirectional antenna, 8 feet away from the antenna in all directions. Public Health—Seattle & King County may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report. 2. Height and Size. a. The height limit of the zone shall apply to minor communication utilities and accessory communication devices, except as may be permitted in this subsection 23.57.011.C. b. The maximum diameter of dish antennas shall be 6 feet, except for major institutions within the Major Institution Overlay District, regulated through an administrative conditional use in subsection 23.57.011.B above. c. The maximum height of an amateur radio tower shall be 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 minor communication utilities and to accessory communication devices shall be restricted to authorized personnel by fencing or other means of security. Warning signs at every point of access to the rooftop or common area shall be posted with information on the existence of radio frequency radiation. 5. Reception Window Obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this Section 23.57.011 , 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 the screening requirements of Section 23.57.016 . Approval of a waiver shall be subject to the following criteria: a. The applicant shall demonstrate that the obstruction is due to factors beyond the control of the property owner, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction. b. The applicant shall use material, shape and color to minimize visual impact. (Ord. 123963, § 24, 2012; Ord. 123668, § 1, 2011; Ord. 123495, § 70, 2011; Ord. No. 123209, § 57, 2009; Ord. 120928 § 32, 2002: Ord. 116295 , § 25, 1992.)