Loading...
ORD 97-14 WIRELESS COMMUNICATIONS FACILITIESCITY OF BAINBRIDGE ISLAND ORDINANCE NO.97-14 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND AMENDING THE CITY OF BAINBRIDGE ISLAND MUNICIPAL CODE TO ADD A NEW CHAPTER 18.88 RELATING TO WIRELESS COMMUNICATIONS FACILITIES; AMENDING SECTION 18.06.905 OF THE BAINBRIDGE ISLAND MUNICIPAL CODE; AND ADDING A NEW SECTION 18.40.060 TO THE BAINBRIDGE ISLAND MUNICIPAL CODE. WHEREAS, Congress has seen fit to restrict and partially preempt a city's authority to regulate wireless communications facilities; and WHEREAS, Wireless Personal Communications Services and Wireless Communication Facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and WHEREAS, The City of Bainbridge Island Comprehensive Plan goals and policies call for more specific guidelines for the development of wireless communications facilities then currently exist in the Bainbridge Island Municipal Code; and WHEREAS, Wireless communications facilities must be regulated to assure that reasonable development of such facilities occurs and when necessary appropriate mitigation measures are employed; WHEREAS, the Planning Commission has held a public hearing at which the public and members of the wireless communication industry had an opportunity to speak and present their concerns and/or objections; and WHEREAS, the City Council has considered recommendations from citizens and representatives of the wireless communications industry; and WHEREAS, this amendment is in the best interest of the citizens and property owners of the City of Bainbridge Island. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DO ORDAIN, WASHINGTON AS FOLLOWS: Section 1. A new chapter 18.88 relating to wireless communications facilities is added to the City of Bainbridge Island Zoning Code to read as follows: 18.88.000 Purpose The purpose of this chapter is to balance the effectiveness of wireless communications service to customers, the needs of wireless communications providers, the regulatory functions of the City, the rights guaranteed and standards established by the federal government, and the potential impacts upon adjacent and surrounding land uses. 18.88.010 Development Standards for a Facility I. mo Go Eo A Facility I is permitted in all zones. The Facility I shall be located on buildings or other structures. The Facility I may be located on buildings and structures which contain mixed uses. Antennas equal to or less than 4 feet in height and with an area of not more than 580 square inches in the aggregate (e.g. 14-inch diameter parabola or 2.6' x 1.5' panel) are exempt from the height limitation of the zone in which they are located. (For example, in some zones the maximum height of a building is 35 feet. A Facility I can go up to 39 feet and still be within the height limit). Placement of a Facility I antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflaged. This can be accomplished through landscaping or other screening and through the use of compatible building materials. In Single Family residential areas, a Facility I shall be separated from any other Facility I by a distance equal to or greater than 500 linear feet. The Facility I antenna and components shall be the same color as the existing building, pole or support structure on which it is to be located. A building permit shall be required to construct a Facility I. Roof-mounted facilities must be set back a minimum of 10 feet from the edge of the roof. 18.88.020 Development Standards for a Facility II. A Facility II is permitted in the Mixed Use Town Center, Neighborhood Service Centers, Residential-0.4, High School Road Commercial Districts, Light Manufacturing, and Water Dependent Industrial zones. The Facility II may be located on buildings and other structures. 2 Go F. G. H. 18.88.030 A. B. C. 18.88.040 The shelter or cabinet used to house radio electronics equipment must be concealed from view and/or camouflagedl This can be accomplished through landscaping, fencing or other architectural screening by using compatible building materials. A Facility II shall comply with the height limitation specified for all zones, except omni-directional antennas may exceed the height limitation by 12-feet. The permitted antenna height includes the wireless communication support structure. Placement of a Facility II antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. The Facility II antenna and components shall be the same color as the existing building, pole or support structure on which it is to be located. A building permit shall be required to construct a Facility II. Roof-mounted facilities must be setback a minimum of 10 feet from the edge of the roof. In the R-0.4 zone, a Facility II must be set back at least 100 feet from each lot line. The Planning Director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. Development Standards for a Facility III. A Facility III is only permitted in the Light Manufacturing, Water Dependent Industrial and R-0.4 zones. The shelter or cabinet used to house radio electronics equipment must be concealed and/or camouflaged. A Facility III shall comply with the height limitation specified for all zones, except as follows: Omni-directional antennas may exceed the height limitation by 15-feet. Placement of a Facility III antenna or related components on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. The Facility III antenna and components shall be the same color as the existing building, pole or support structure on which is to be located. A building permit shall be required to construct a Facility III. Roof-mounted facilities must be setback a minimum of 10 feet from the edge of the roof. In the R-0.4 zone, a Facility III must be set back at least 100 feet from each lot line. The Planning Director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. Development Standards for Monopoles and Lattice Tower Support Structures. 3 18.88.050. mo Do Go Ho Jo mo Monopoles and lattice towers are permitted in Light Manufacturing Zones and in the R-0.4 zone. Monopoles and lattice towers located in the R-0.4 zone must be set back from each lot line one foot for every foot of height of the monopole or lattice tower. A monopole or lattice tower must be set back a minimum of 100 feet from SR 305. The Planning Director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. The maximum height of a monopole or lattice tower is 60 feet for one carrier or 120 feet if two or more carriers are located on the monopole or lattice tower. A permitted collocation monopole or lattice tower that does not have two or more carriers located on it for a period of one year or more, shall be modified to conform to the single carrier height of 60 feet. The lot on which the monopole or lattice tower is to be constructed must be legally conforming. The facility must be screened in accordance with Section 18.88.050. Monopoles and lattice towers located in the Light Manufacturing zones must be setback a minimum of 100 feet from any residentially zoned property. The minimum setback along SR 305 is 100 feet. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of a monopole or lattice tower. Collocation on an existing support structure is to be permitted. A Facility III is the largest wireless communication facility allowed on a monopole or lattice tower. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole or lattice tower must be concealed and/or camouflaged through landscaping, fencing, or other screening using compatible building materials and colors. A building permit shall be required to construct a monopole or lattice tower. Additional Criteria for Monopoles and-Lattice Towers. In addition to the criteria specified in Chapter 18.88.040 of the Bainbridge Island Municipal Code, the following specific criteria must be met before a Building Permit can be granted: Visual Impact Antennas may not extend more than 15 feet above their supporting structure, monopole, lattice tower, building or other structure. Site location and development shall preserve the pre-existing character of the site as much as possible. Wireless communication towers and accessory equipment (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved or improved upon to provide vegetative screening. In the R-0.4 zone, a minimum of two-thirds of the height of the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required by the Planning Director to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site specific conditions. go Noise No equipment shall be operated above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located. 18.88.060 Exemption The following is exempt from the requirements of a Conditional Use Permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: Minor modifications to existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas to wireless and attached wireless communications facilities, that meet the provisions of this ordinance. 18.88.070. Electromagnetic Frequency Emissions The City recognizes that the Federal Telecommunications Act of 1996 gives the Federal Communications Commission (FCC) sole jurisdiction in the regulation of radio frequency (RF) emissions and wireless communications facilities which meet FCC standards shall not be conditioned or denied on the basis of RF emissions. Applicants for wireless communications facilities shall be required to provide the City information on the projected power density of the facility and compliance with FCC requirements. 18.88.080. Obsolescence A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within 6 months of the date it ceases to be used. 18.88.090 Definitions 5 Antenna is any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Omni-directional antenna (also known as a "whip" antenna) transmits and receives radio frequency signals in a 360 degree radial pattern. For the purpose of this document, an omni-directional antenna is up to 15 feet in height and up to 4 inches in diameter. Directional antenna (also known as a "panel" antenna) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. Parabolic antenna (also known as a dish antenna) is a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern. Accessory antenna device means an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than 12 inches in height or width, excluding the support structure. re Attached wireless communication facility is a wireless communication facility that is affixed to an existing structure. The existing structure is not considered a component of the attached wireless communications facility. De Collocation exists when more than one wireless communications provider mounts equipment on a single support structure. Equipment shelter or cabinet means a room, cabinet or building used to house equipment for utility or service providers. Facility I is an attached wireless communications facility which consists of antennas equal to or less than 4 feet in height with an area of not more than 580 square inches in the aggregate (e.g. 14-inch diameter parabola or 2.6' x 1.5' panel). Facility II is an attached wireless communication facility which consists of antenna equal to or less than 10 feet in height or up to 1 meter (39.37 inches) in diameter and with an area not more than 30 square feet in the aggregate. Facility III is an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or up to 1 meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate. I. Lattice tower is a wireless communication support structure which consists of 6 metal crossed strips or bars to support antennas and related equipment. JJ Monopole is a wireless communication facility which consists of a support structure, the height of which shall not exceed 120 feet in height not including antennas. KJ Related equipment means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. Le Wireless communication facility means an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g. omni- directional, panel/directional or parabolic) and related equipment. Me Wireless communication support structure is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. 18.88.100 Effect on Other Code Provisions To the extent any provisions of this chapter conflict with any provisions in other chapters or ordinances or any provisions of the Code, the provisions of this chapter shall control. 18.88.110 Severability If any section, sentence, or phrase of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. Section 2. Section 18.060.905 of the Bainbridge Island Municipal Code is amended as follows: 18.06.905 Structure "Structure" means any man-made assemblage of materials extending above or below the surface of the earth and affixed or attached to thereto. "Structure" for the purposes of this Title 18, except for Chapter 18.88 of the BIMC, does not include wireless communications facilities as defined in Chapter 18.88. Section 3. A new section 18.40.060 is added to the Bainbridge Island Municipal Code to read as follows: 18.40.060 Utility Defined For the purposes of this chapter, "utility" or "utilities" does not include wireless communications facilities as defined in Chapter 18.88. Section 4. If any section, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstimtionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. Section 5. This ordinance shall take effect and be in force five days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 1st day of May APPROVED by the Mayor this lstday of May , 1997. , 1997. Janet K. West, Mayor ATTEST / AUTHENTICATE: Susan P. Kasper, City Clerk APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE 97- March 20, 1997 May 1, 1997 May 7, 1997 May 12, 1997 97-14