21.56.060 Special Exceptions | Redmond Zoning Code

21.56.060 Special Exceptions.

A. Purpose. The purpose of this section is to provide for the granting of special exceptions when adherence to all development and design standards of this chapter would result in a physical or technical barrier which would block signal reception or transmission or would otherwise be an effective prohibition of wireless services.

1. A special exception is required whenever an applicant desires to:

a. Vary from the height, location, or setback limitations on the siting of amateur radio towers; or

b. Vary from the setback limitations for antenna support structure; or

c. Locate a new antenna support structure within the UR, RA-5, R-1, R-2, R-3, R-4, R-5, and R-6 zones or within the shoreline areas of the City; or

d. Exceed the height limit on Structured Mounted Facilities; or

e. Vary from the setback, size, screening, landscape, and service area requirements for large satellite dishes in all zones; or

f. Requests to exceed the height limit for a proposed new or replacement antenna support structure in any zone.

2. The special exceptions provided in this section do not apply to variations from the International Building Code.

3. A variance pursuant to RZC 21.76, Review Procedures, is required for variations from applicable zoning regulations not described in this section.

1. A request for a Special Exception shall be processed in conjunction with the permit approving the Wireless Communication Facility and shall not require any additional application or fees. The final approval authority for granting of the Special Exception shall be the same as that for the permit approving the antenna(s) location.

2. Upon review of Special Exception requests, the approval authority shall consider first those standards having the least effect upon the resulting aesthetic compatibility of the antenna(s) or tower with the surrounding environment. The approval authority shall review setback, size, screening requirements, and height limits.

3. The decision-making body for review of a Special Exception shall be the Technical Committee.

1. The applicant shall justify the request for a Special Exception by demonstrating that the exception is requested for technological or aesthetic reasons or that the obstruction or inability to receive or transmit a communication signal is the result of factors beyond the property owner’s or applicant’s control, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception window obstruction or other necessary facility design requirements. Pictures, drawings (to scale), maps and/or manufacturer’s specifications, and other technical information as necessary, should be provided to demonstrate to the City that the Special Exception is necessary.

2. The applicant for a Special Exception shall demonstrate that the proposed materials, shape, and color of the antenna(s) will, to the greatest extent possible, minimize negative visual impacts on adjacent or nearby residential uses and recreational uses in the Agriculture and Urban Recreation zones and shoreline areas. The use of certain materials, shapes and colors, and landscaping may be required in order to minimize visual impacts.

3. Large Satellite Dish Antenna(s) – Special Exceptions. In addition to the general criteria for approval of Special Exceptions, the following criteria apply to large satellite dishes:

i. Modifications to requirements for setback, size, screening, and maximum height limit may be considered by Special Exception. If a Special Exception from the height limit for a ground-mounted dish is requested, the height of the dish shall be limited to a maximum of 18 feet.

ii. Only if these modifications would still block an electromagnetic signal shall rooftop location be considered. If a Special Exception is sought to obtain a rooftop location, the diameter of the dish shall be limited to six feet and maximum permitted height shall be 15 feet above the roofline. The approval authority may require the applicant to place the antenna(s) in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a usable signal.

i. Ground-Mounted Antenna(s). Exceptions to be first considered shall be from setback, landscape and service area requirements, size and screening requirements. Only if these waived regulations would still block an electromagnetic signal shall a Special Exception from height requirements be considered. If a Special Exception is sought to vary from the height limit, the height of the dish shall be limited to a maximum of 20 feet.

ii. Roof-Mounted Antenna(s). The first exception to be considered shall be the center-of-roof requirement; the second exception shall be from the size and screening requirements, respectively. Only if these waived regulations would still result in a block of the signal shall a Special Exception from height requirements be considered. A Special Exception from the height limit shall be allowed up to a maximum of 20 feet above the existing or proposed structure. The approval authority may require the applicant to place the antenna(s) in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a usable signal and structural considerations allow the alternative placement.

4. Additional Requirements for locating a new antenna support structure in UR, RA-5, R-1, or shoreline areas; or proposals to exceed height limits for a proposed antenna support structure in any zone:

a. An applicant will be required to provide an evaluation of alternative sites during this process.

b. An amplified public involvement process shall be required and shall be conducted and paid for by the applicant. The purpose of the public involvement process is to involve the persons within the zone of likely and foreseeable impacts, and to determine potential mitigation measures that would make siting of that facility more acceptable.

i. The applicant shall propose an acceptable public involvement plan to be reviewed and approved by the Administrator.

ii. The public involvement process shall be initiated within 45 days of the issuance of a notice of application.

c. In addition to meeting the criteria established in RZC 21.56.040 and RZC 21.56.050, the following criteria shall be used to make a determination on the application:

i. The impact of the facility including the design and operation on the surrounding uses, the environment and the City has been minimized;

ii. The proposal considers possible mitigation measures that can be developed which would make siting the facility within the community more acceptable (Ord. 2919; Ord. 2964)