Serving Whitman County since 1877
Hilltop restrictions on how high a house can be – and what counts as part of a house – will be up for further consideration by county commissioners after they delayed a full decision July 3 following a hearing with County Planner Alan Thomson.
At issue are notices about applications for cluster residential districts and height requirements. These rules are for unincorporated areas in the county, as opposed to subdivisions inside towns and cities.
Chapter 19-12 of the Whitman County Code, for cluster residential districts, previously required the living space of a dwelling to be below the top of a hilltop.
A proposed change would make it so the entire building – not just the living space – would need to be below the highest point of the hill.
During the July 3 public hearing, Commissioner Art Swannack asked if antennas were affected.
“Anything above the ground,” Thomson said.
A separate antenna is considered as, and subject to, the rules being its own structure. An antenna on a roof is part of a structure and would need to be below the hilltop.
Swannack then said that in parts of the county, an antenna is needed for reception.
“You have to get over the top to get signals for T.V., (and/or) internet,” Swannack said.
“Nobody has had an issue,” Thomson said as part of his response.
“I know quite a few people who need an antenna above to get reception,” Swannack said.
“It never came up in the (planning commission) meetings,” Thomson said. “It was never a topic of concern.”
Commissioner Michael Largent suggested he and Swannack may pass the changes as written, while requesting that the planning commission take up the discussion at their next meeting in September.
“We could have another bite at the apple then,” Largent said.
“Don’t take this the wrong way, but I don’t like stupid laws,” Swannack said “Laws with unintended consequences because we didn’t think things through.”
Thomson noted that usually the cases are distinct.
“There aren’t many of these that are right at the bubble,” Thomson said.
Swannack later agreed with Largent’s suggestion and they both voted to approve the change but sent the matter to the planning commission for clarification.
Commissioner Dean Kinzer was absent.
“It covers the big issue we need solved; now we have a little issue to solve,” Swannack said.
The original language on this was added to the county code in 2007, after Thomson and staff reviewed similar policies in other states such as Colorado – a state which earlier passed county restrictions to limit houses built on hilltops.
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