23.57.012

A. Uses permitted outright 1. In Neighborhood Commercial, Commercial, and Seattle Mixed zones, minor communication utilities other than freestanding transmission towers and accessory communication devices are permitted outright when meeting the height limit of the zone as modified by subsection 23.57.012.C. 2. Minor communication utilities that do not meet the height limit of the zone 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. In Neighborhood Commercial, Commercial, and Seattle Mixed zones, an administrative conditional use shall be required for the establishment or expansion of a free standing transmission tower, regardless of height, and for minor communication utilities and accessory communication devices that exceed the height limit of the underlying zone as modified by subsection 23.57.012.C. Approval shall be pursuant to the following criteria, as applicable: 1. The proposal does not result in a significant change in the pedestrian or retail character of the commercial area. 2. If the minor communication utility is proposed to exceed the zone height limit as modified by subsection 23.57.012.C, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility. 3. 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 and height. Facilities in special review, historic, and landmark districts are subject to the standards of Section 23.57.014 . On sites that are not in special review, historic, or landmark districts, antennas may be located on the rooftops of buildings, including sides of parapets and equipment penthouses above the roofline, subject to the height limits in subsections 23.57.012.C.1.a and 23.57.012.C.1.b, as limited by subsection 23.57.012.C.1.c below: a. Utilities and devices located on a rooftop of a building nonconforming as to height may extend up to 15 feet above the height of the building legally existing as of the effective date of September 23, 2002. b. Utilities and devices located on a rooftop of a building that conforms to the height limit may extend up to 15 feet above the zone height limit or above the highest portion of a building, whichever is less. c. Any height above the underlying zone height limit permitted under subsections 23.57.012.C.1.a and 23.57.012.C.1.b, shall be allowed only if the combined total coverage by communication utilities and accessory communication devices, in addition to the roof area occupied by rooftop features listed in subsection 23.47A.012.C.4, does not exceed 20 percent of the total rooftop area, or 25 percent of the rooftop area if mechanical equipment is screened. d. The following rooftop areas shall not be counted towards amenity area requirements: 1) The area 8 feet from and in front of a directional antenna and the area 2 feet from and in back of a directional antenna. 2) The area within 8 feet in any direction from an omnidirectional antenna. 3) Such other areas in the vicinity of paging facilities as determined by the Seattle-King County Health Department after review of the Non-Ionizing Electromagnetic Radiation (NIER) report. 2. Access and signage. Access to minor communication utilities and transmitting accessory communication devices is 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 radiofrequency radiation. 3. Height of amateur radio tower. The maximum height of an amateur radio tower is 50 feet above grade in zones with a maximum height limit of 50 feet or less. Cages and antennas may extend to a maximum additional 15 feet. In zones with a maximum permitted height over 50 feet, the height above grade of the amateur radio tower shall not exceed the maximum height limit of the zone. 4. 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 . 5. Reception window obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this Section 23.57.012 , 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 development standards of this Section 23.57.012 and Section 23.57.016 , subject to the following criteria: a. The applicant shall demonstrate that obstruction of the reception window is due to factors beyond the control of the property owner, taking into account potential permitted development on adjacent and neighboring lots with regard to reception window obstruction. b. The applicant shall use material, shape and color to minimize visual impact. (Ord. 124172, § 47, 2013; Ord. 123564, § 9, 2011; Ord. 123495, § 71, 2011; Ord. 122311 , § 73, 2006; Ord. 120928 § 33, 2002: Ord. 116295 , § 25, 1992.)