Division III — REGULATION OF AMATEUR RADIO STATION ANTENNAS

Nothing contained in this Division III may be deemed to exempt from the requirement of a building permit the installation of an amateur radio station antenna that, because of its limited height, is not required to obtain a minor variance pursuant to Section 21.46.080.

(Ord. 612 Exhibit A (part), 2008).

(a) Administrative Adjustment Required. The proposed installation of an amateur radio station antenna, whether ground-mounted or building- mounted, in any zoning district, which antenna will extend more than fifteen feet above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for an administrative adjustment in accordance with Chapter 21.102 and, if the application is approved, a building permit must be obtained.

(b) Application Requirements. In addition to the requirements set forth in Chapter 21.102, the application for an administrative adjustment must include the following:

• (1) Construction drawings that show the proposed method of installation and the manufacturer's specifications.

• (2) A plot plan showing the proposed location and dimensions of the amateur radio station antenna.

• (3) Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code.

(4) Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.

(c) Review Criteria. In considering the application for a minor variance for a proposed amateur radio station antenna, the approving authority must consider the following factors:

(1) Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated.

(2) Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

• (3) The nature of existing uses on adjacent and nearby properties.

• (4) Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.

(5) Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.

(d) Guidelines for Denial or Conditioning Application. In making any determination during the administrative adjustment approval process to deny or to condition the application for an amateur radio station antenna, the approving authority must adhere to the following guidelines:

(1) The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection (c), and the reasonable accommodation considerations of subsection (2) below.

(2) The administrative adjustment approval process must be conducted so as to:

(A) Reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and

(B) Impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives.

(Ord. 612 Exhibit A (part), 2008).