Ordinance No. 2022-09 Small Wireless Code Revisions (Adopted 042622)Page 1 of 34
ORDINANCE NO. 2022-09
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
telecommunications facilities; amending Title 18 of the Bainbridge Island
Municipal Code; adding a new Chapter 18.10A BIMC, authorizing and establishing
design and concealment standards for small wireless facilities; amending
BIMC 18.10.020 and BIMC 18.36.030 regarding definitions; revising BIMC
18.10.010 to adopt an applicability section; repealing and replacing in full Chapter
18.11 BIMC concerning eligible facilities requests; amending Table 18.09.020,
BIMC 18.09.030, BIMC 18.10.030, and BIMC 2.16.040; amending BIMC
19.10.020, .030, and .070 to add requirements for small wireless facility permit
submissions; and repealing the interim official control established by Ordinance
No. 2019-15, and extended by Ordinance Nos. 2019-31, 2020-11, 2020-22, 2021-
14, and 2021-29.
WHEREAS, on September 5, 2018, the Federal Communications Commission (“FCC”)
adopted a Declaratory Ruling, Order, and Regulation (“FCC Order”) which imposes limitations
on local municipalities including the City of Bainbridge Island (“City”) regarding processing and
review of all permits associated with the deployment of small wireless facilities; and
WHEREAS, the adoption of aesthetic standards for deployment of small wireless
facilities and utilization of a concurrent process emphasizing administrative review enables
compliance with the federal presumptively reasonable time limits for review; and
WHEREAS, the City was required to enact administrative procedures and processes to
comply with the new presumptive federal safe harbors on or before January 14, 2019; and
WHEREAS, separately, federal law and regulation sets time limits on the processing of
applications for eligible facility requests to expand existing structures which do not substantially
change the height or profile of the structures used to co-locate wireless communications
facilities, and which regulations directly impact Chapter 18.11 of the Bainbridge Island
Municipal Code (“BIMC”); and
WHEREAS, the City Council found that the existence of the federal regulations required
the immediate enactment of administrative procedures and processes which comply with the
FCC Order; and
WHEREAS, the City is authorized by state law, including RCW 36.70A.390, to
expeditiously adopt interim official control ordinances due to a public emergency for the
protection of the public peace, safety, or health while permanent regulations are developed,
considered, and processed through the City’s standard legislative procedures; and
WHEREAS, the City Council found that the adoption of such an interim official control
ordinance allowed the City to put in place standards to come into compliance with the FCC
Order, while providing a meaningful opportunity for its residents to provide input regarding
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design, concealment, and other aesthetic standards within the longer timeframe permitted by use
of an interim official control ordinance; and
WHEREAS, on May 14, 2019, in response to the FCC Order, the City Council approved
Ordinance No. 2019-15, adopting an interim official control that: created a new Chapter 18.10A,
establishing interim small wireless facility design standards; amended Table 18.09.020, BIMC
18.09.030, and BIMC 18.10.010; and repealed and replaced Chapter 18.11 BIMC; and
WHEREAS, on May 14, 2019, the City Council also enacted amendments to its existing
master permit code provisions contained in Title 19 BIMC and adopted a new Chapter 19.10
BIMC in order to provide a clear permitting procedure for the deployment of small wireless
facilities; and
WHEREAS, on June 11, 2019, the City Council held a public hearing on Ordinance No.
2019-15 to receive public comment on the interim official control; and
WHEREAS, on August 13, 2019, the City Council directed the Planning Commission to
begin work on permanent regulations to replace the interim official control adopted by
Ordinance No. 2019-15; and
WHEREAS, on September 12, 2019 and October 24, 2019, the Planning Commission
considered permanent regulations to replace the interim official control adopted by Ordinance
No. 2019-15; and
WHEREAS, the interim official control, adopted by Ordinance No. 2019-15, was
scheduled to expire on November 14, 2019, unless extended by the City Council; and
WHEREAS, on October 8, 2019, the City Council set a public hearing for October 22,
2019 on Ordinance No. 2019-31, related to extending the interim official control; and
WHEREAS, on October 22, 2019, the City Council held a public hearing on Ordinance
No. 2019-31 and adopted the ordinance following the public hearing, extending the interim
official control originally adopted by Ordinance No. 2019-15 until May 14, 2020; and
WHEREAS, on October 24, 2019, the Planning Commission considered Ordinance No.
2019-38 (related to the proposed permanent regulations) and reviewed comments submitted by
industry representatives; and
WHEREAS, on December 12, 2019, the Planning Commission further considered
Ordinance No. 2019-38; and
WHEREAS, on January 1, 2020, draft Ordinance No. 2019-38 was renumbered to be
Ordinance No. 2020-04; and
WHEREAS, on January 23, 2020, the Planning Commission further considered
Ordinance No. 2020-04; and
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WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in
response to the spread of COVID-19 in Washington state; and
WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency
in response to the COVID-19 public health emergency; and
WHEREAS, on March 10, 2020, the City Council adopted Resolution No. 2020-06,
affirming the Proclamation of Emergency; and
WHEREAS, the COVID-19 public health emergency significantly disrupted City
operations and led to the cancellation of multiple meetings of the Planning Commission; and
WHEREAS, on April 14, 2020, the City Council set a public hearing for April 28, 2020
on Ordinance No. 2020-11, related to extending the interim official control; and
WHEREAS, on April 28, 2020, the City Council held a public hearing on Ordinance No.
2020-11 and adopted the ordinance following the public hearing, extending the interim control
originally adopted by Ordinance No. 2019-15 until November 14, 2020; and
WHEREAS, the Planning Commission continued its discussion of permanent regulations
to replace the interim official control during its May 28, 2020, June 11, 2020, June 25, 2020, July
23, 2020, and August 13, 2020 meetings; and
WHEREAS, on August 13, 2020, the Planning Commission held a public hearing on
Ordinance No. 2020-04; and
WHEREAS, on August 13, 2020, following the public hearing, the Planning
Commission forwarded Ordinance No. 2020-04 for City Council consideration with a
recommended approval with five amendments; and
WHEREAS, in a related matter, on August 12, 2020 a three-judge panel of the U.S.
Court of Appeals for the Ninth Circuit entered its decision on five consolidated cases challenging
the FCC Order preempting many aspects of local government regulation of small wireless
facilities; and
WHEREAS, City staff and the City Council needed additional time to understand the
impacts of the Ninth Circuit’s decision on the Planning Commission’s recommendation and
Ordinance No. 2020-04; and
WHEREAS, the City Council found that an additional six-month extension of the
interim official control adopted by Ordinance No. 2019-15 was necessary to allow the Council
time to develop, consider, and process permanent regulations to replace the interim official
control and to solicit additional public comment from residents regarding design, concealment,
and other aesthetic standards within the longer timeframe permitted by an extension of the
interim official control; and
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WHEREAS, on October 13, 2020, the City Council set a public hearing for October 27,
2020 on Ordinance No. 2020-22, related to extending the interim official control; and
WHEREAS, on October 27, 2020, the City Council held a public hearing on Ordinance
No. 2020-22 and adopted the ordinance following the public hearing, extending the interim
official control until May 14, 2021; and
WHEREAS, on April 6, 2021, City staff provided an update to the City Council related
to the interim control regulations, including by informing the Council that City staff were
engaged in additional research and analysis related to the recommendations made by the
Planning Commission via proposed Ordinance No. 2021-05 (formerly Ordinance No. 2020-04),
and that, in relevant part, the Planning Commission made recommendations that are based on
regulations in place in Kitsap County, and City staff was conducting due diligence regarding
those recommendations and the related Kitsap County regulations, and that the due diligence was
not yet complete so an extension of the interim control was necessary to allow time to complete
that work and the remaining work on work plan related to the interim control; and
WHEREAS, on April 13, 2021, the City Council set a public hearing for April 27, 2021
on Ordinance No. 2021-14, related to extending the interim official control; and
WHEREAS, on April 27, 2021, the City Council held a public hearing on Ordinance No.
2021-14 and adopted the ordinance following the public hearing, extending the interim official
control until November 14, 2021; and
WHEREAS, the City continued to engage in research and analysis related to the
recommendations made by the Planning Commission via proposed Ordinance No. 2021-05, and
that work took longer than expected based on several factors, including that City staff were
working to reconcile differences between the Planning Commission’s recommendation and the
recommendation of an expert legal consultant the City engaged with to assist in the drafting of
the regulations at issue, and City staff worked to provide to the City Council the most up-to-date
information and analysis related to legal requirements pertaining to those recommendations, as
well as in the context of the experience of Kitsap County in interpreting and implementing
similar regulations, and that work was not yet complete; and
WHEREAS, an extension of the interim regulations was necessary to allow more time
for City staff to work with the City Council to complete the work plan related to the interim
regulations, including the research, analysis, and outreach above described; and
WHEREAS, on October 12, 2021, the City Council set a public hearing on Ordinance
No. 2021-29 for the October 26, 2021 Council meeting, related to extending the interim official
control for an additional six months; and
WHEREAS, on October 26, 2021, the City Council held a public hearing on Ordinance
No. 2021-29 and adopted the ordinance following the public hearing, extending the interim
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official control initially adopted via Ordinance No. 2019-15, and extended by Ordinance Nos.
2019-31, 2020-11, 2020-22, and 2021-14, until May 14, 2022; and
WHEREAS, City staff, working with the City’s expert consultant, have completed the
due diligence above referenced related to the permanent regulations recommended by the
Planning Commission and have prepared this ordinance based on what City staff and the City’s
expert legal consultant is recommending related to the Planning Commission’s recommendations
and more generally, including as relates to the proposed regulatory provisions at issue that are
directly impacted by federal preemption considerations; and
WHEREAS, without an extension of the interim regulations last extended by Ordinance
No. 2021-29 to May 14, 2022, those interim regulations will expire on that date, and the
understanding from City staff based on the Council’s discussion regarding the most recent
extension of the interim regulations is that the goal is not to further extend the interim control
and instead adopt permanent regulations; and
WHEREAS, this Ordinance No. 2022-09 is intended to accomplish the objective
articulated by the City Council via the adoption of the permanent regulations set forth in this
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Repeal of Interim Official Control. The interim official control, originally
adopted as Ordinance No. 2019-15, and subsequently extended by Ordinance No. 2019-31,
Ordinance No. 2020-11, Ordinance No. 2020-22, Ordinance No. 2021-14, and Ordinance No.
2021-29, is hereby repealed in its entirety and shall no longer be in force or effect as of the
effective date of this Ordinance No. 2022-09.
Section 2. Amendment of BIMC 18.10.010. Section 18.10.010 of the Bainbridge Island
Municipal Code is hereby amended to read as follows:
18.10.010 – Purpose. General Provisions.
A. This chapter addresses the issues of location and appearance associated with wireless
communication facilities (“WCFs”). It provides adequate siting opportunities through a wide
range of locations and options which minimize safety hazards and visual impacts sometimes
associated with wireless communications technology. The chapter encourages siting of facilities
on existing buildings or structures, co-location of several providers’ facilities on a single support
structure, and visual mitigation measures to maintain neighborhood appearance and reduce visual
clutter in the city.
B. Applicability
1. Applicability. The provisions of this chapter shall apply to all new WCFs located
within the boundaries of the city, and for any modification to an existing WCF that is not
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governed by Chapter 18.11 BIMC, provided that this chapter shall not apply to small
wireless facilities permitted under Title 19 BIMC and subject to Chapter 18.10A BIMC.
2. Permit Required. Any person who desires to place any WCF within the
boundaries of the city must apply to the city for the appropriate wireless communication
facility permit.
3. Lease Required. In addition to the requirement of obtaining the appropriate
wireless communication facility permit, if all or a portion of the WCF will be located
upon a city-owned structure, or upon non-right-of-way property which is either city-
owned or city-leased, the applicant shall be required to enter into a lease agreement with
the city for the use of the city property.
4. Master Permit Required. In addition to the requirement of obtaining the
appropriate wireless communication facility permit, if all or a portion of the WCF will be
located within the city’s right-of-way, the applicant shall be required to obtain a master
permit, consistent with Title 19 BIMC, from the city for the use of the city’s right-of-way.
Section 3. Amendment of BIMC 18.10.020. Section 18.10.020 of the Bainbridge Island
Municipal Code is hereby amended to read as follows:
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have
the meanings given herein. Words not otherwise defined shall have their common and ordinary
meaning:
A. “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting
discs or similar devices used to transmit or receive electromagnetic waves between terrestrial
and/or orbital based points, including, but not limited to:
1. Omni-directional (or “whip”) antenna(s), which transmits and receives radio frequency
signals in a 360-degree radial pattern;
2. Directional (or “panel”) antenna(s), which transmits and receives radio frequency signals
in a specific directional pattern of less than 360 degrees;
3. Parabolic antenna(s) (or “dish” antenna(s)), which is a bowl-shaped device for the
reception and/or transmission of communications signals in a specific directional pattern;
and
4. Ancillary antenna(s), which is an antenna less than 12 inches in its largest dimension and
is not directly used to provide personal wireless communications services, such as a global
positioning satellite (“GPS”) antenna.
B. “Co-location” means placing and arranging multiple providers’ antennas and equipment on a
single support structure or equipment pad area.
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C. “Electromagnetic field” or “EMF” means the field produced by the operation of equipment
used in transmitting and receiving radio frequency signals.
D. “Equipment facility” means any structure used to house electronic equipment, cooling
systems and back-up power systems associated with a WCF, including shelters, enclosures,
cabinets and other similar structures.
E. “Facility I” means a wireless communication facility consisting of an antenna that is either:
(1) four feet or less in height and with an area of not more than 580 square inches in the
aggregate; or (2) if a tubular antenna, no more than four inches in diameter and no more than six
feet in length.
F. “Facility II” means a wireless communication facility consisting of up to three antennas, each
of which is a microcell with associated equipment facilities six feet or less in height and no more
than 48 square feet in floor area.
G. “Lattice tower” means a wireless communication support structure that consists of metal
crossed strips or bars to support antennas and related equipment.
H. “Monopole” means a wireless communication facility that consists of a support structure, the
height of which shall not exceed 120 feet in height not including antennas.
GI. “Support structure” means any structure, designed and constructed specifically to support an
antenna array, including a monopole, self-supporting (lattice) tower, guy-wire support tower and
any other similar structures. Any device (attachment device) used to attach a WCF to an existing
structure or building (attachment structure) shall be excluded from the definition of and
regulations applicable to support structures.
HJ. “Wireless communication facility” or “WCF” means an unstaffed facility for the
transmission and/or reception of radio frequency, microwave or other signals for commercial
communications purposes, including and typically consisting of antennas, equipment shelter or
cabinet equipment facilities, transmission cables, a support structure required to achieve the
necessary elevation, and reception and transmission devices and antennas.
IK. “Wireless communication services” means commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services, as defined by federal laws and
regulations.
Section 4. Amendment of BIMC 18.10.030. Subsection 18.10.030.B.1 of the Bainbridge
Island Municipal Code is hereby amended to read as follows:
1. A facility I or II, or a monopole or lattice tower located in a nonresidential zone that does not
exceed the maximum building height of the zone established in Chapter 18.12 BIMC; or
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Section 5. Amendment of Table 18.09.020. The Utility and Telecommunications section
of Table 18.09.020 of the Bainbridge Island Municipal Code is hereby amended to read as shown
on attached Exhibit A.
Section 6. Amendment of BIMC 18.09.030. Section 18.09.030 of the Bainbridge Island
Municipal Code is hereby amended to include a new Subsection 18.09.030.B.5, to read as
follows:
5. Small wireless facilities. Small wireless facilities are prohibited on any property containing a
residential use in the residential zones except where allowed under BIMC 18.10A.040.E.13.
Section 7. Amendment of BIMC 18.09.030. Section 18.09.030 of the Bainbridge Island
Municipal Code is hereby amended to include a new Subsection 18.09.030.F.4, to read as
follows:
4. In accordance with Chapter 18.10 BIMC, the department of planning and community
development may grant permit approval for:
a. A facility I or II, or a monopole or lattice tower located in a nonresidential zone that does
not exceed the maximum height of the zone; or
b. A facility I or II in a multifamily, business, commercial, or town center zone on an
existing building or structure; provided, that the facility is no higher than 15 feet above the
existing building or structure or the permitted height for the zone, whichever is higher; or
c. A facility I or II in a residential zone on a nonresidential building or structure; provided,
that the facility is no higher than 15 feet above the permitted height in the zone.
d. All other WCFs require conditional use permit review and approval by the city hearing
examiner.
e. For the purposes of this subsection and Table 18.09.020, the terms “Facility I,” “Facility
II,” “Lattice Tower,” “Monopole,” “WCF,” and “Wireless Communication Facility” shall
have the same meaning as defined in Chapter 18.10 BIMC.
Section 8. Adoption of New Chapter 18.10A BIMC. Title 18 of the Bainbridge Island
Municipal Code is hereby amended to include a new Chapter 18.10A BIMC, to read as follows:
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Chapter 18.10A
USE REGULATIONS - SMALL WIRELESS FACILITIES
18.10A.010 Purpose.
18.10A.020 Applicability.
18.10A.030 Definitions.
18.10A.040 Design and concealment standards for small wireless facilities.
18.10A.050 New poles for small wireless facilities.
18.10A.010 Purpose.
The purposes of this chapter are to set forth regulations for the placement and development of
small wireless facilities. Among the purposes included are to:
A. Manage reasonable access to the right-of-way of the City for communication purposes on
a nondiscriminatory basis.
B. Conserve the limited physical capacity of the public rights-of-way held in public trust by
the City.
C. Ensure that all service providers maintaining facilities or providing services within the
City comply with the ordinances, rules, and regulations of the City.
D. Reduce unnecessary local regulation of providers and services.
E. Ensure that the City can continue to fairly and responsibly protect the public health,
safety, and welfare.
F. Encourage the provision of advanced and competitive telecommunications on the widest
possible basis to the businesses, institutions, and residents of the City.
G. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
H. Encourage the co-location or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
I. Reserve to the City and provide for the fullest exercise possible of the authority and
discretion of the City to require that:
1. Facilities are installed and maintained within the public rights-of-way in such a
manner and at such points so as not to inconvenience the public use of the public rights-
of-way or to adversely affect the public safety and welfare;
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2. All non-City users of the rights-of-way shall be required to reimburse and hold
harmless the City for the actual costs incurred by the City by reason of the construction or
presence in the public rights-of-way of the facilities of such other users; and
3. Potential adverse visual, aesthetic, and safety impacts of small wireless facilities
be minimized.
18.10A.020 Applicability.
Any application for a small wireless facility both inside and outside of the right-of-way shall
comply with the following application requirements for a small wireless facility permit described
in this chapter. Applications must also comply with the small wireless facility permit
requirements of Title 19 BIMC. For small wireless facilities inside the right-of-way, the
applicant must also obtain a master permit as may be required under Title 19 BIMC.
18.10A.030 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have
the meanings given herein. Words not otherwise defined shall have their common and ordinary
meaning:
A. “Antenna” means an apparatus designed for the purpose of emitting radiofrequency
(“RF”) radiation, to be operated or operating from a fixed location pursuant to FCC
authorization, for the provision of personal wireless service and any commingled information
services. For the purposes of this definition, the term “antenna” does not include an unintentional
radiator, mobile station, or device authorized under 47 CFR Part 15.
B. “Applicant” means any person submitting an application for a small wireless facility
permit.
C. “City property” means any real property owned by the City, whether in fee or other
ownership estate of interest.
D. “Co-location” means (1) mounting or installing an antenna facility on a preexisting
structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna
facility on that structure.
E. “Director” means the Director of Planning and Community Development or their
designee.
F. “FCC” or “Federal Communications Commission” means the federal administrative
agency, or lawful successor, authorized to regulate and oversee telecommunications carriers,
services, and providers on a national level.
G. “Grantee” means a person holding a master permit.
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H. “Light Pole” means a pole used primarily for lighting streets, parking areas, parks, or
pedestrian paths.
I. “Master Permit” means the authorization granted by the City to an operator of a
telecommunications system, under Title 19 BIMC, giving the operator the nonexclusive right to
occupy the space, or use facilities upon, across, beneath, or over any public right-of-way in the
City, to provide a specified service within a master permit area. Such master permit shall not
include or be a substitute for:
1. Any other permit or authorization required for the privilege of transacting and carrying
on a business within the City required by the ordinances and laws of the City;
2. Any permit, agreement, or authorization required in connection with operations on or
in public streets or property, including, by way of example and not limitation, street cut permits;
3. Any permits or agreements for occupying any other property of the City or private
entities to which access is not specifically granted by the master permit including, without
limitation, permits and agreements for placing devices on or in poles, conduits, other structures,
or railroad easements, whether owned by the City or a private entity; or
4. The right to place devices in the right-of-way, such as pay telephones, for end user use
in terminating or originating transmissions.
By way of example, and without limiting the foregoing, this title shall not be read to diminish or
in any way affect the authority of the City to control the use of the City’s real estate, fixtures, or
personal property. Therefore, any person who desires to use such property must obtain additional
approvals, or agreements for that purpose, as may be required by the City.
J. “Pole” means any human-made assemblage of materials extending above or below the
surface of the earth and affixed or attached thereto that is capable of supporting a small wireless
facility.
K. “Public right-of-way” or “right-of-way” means land acquired or dedicated for public
roads and streets but does not include:
1. State highways;
2. Land dedicated for road, streets, and highways not opened and not improved for
motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state parks and recreation commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912
and related provisions of federal law that are not open for motor vehicle use.
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L. “Service provider” is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment to
enable the deployment of telecommunication services.
M. “Small wireless facility” and “small wireless facilities” shall have the same meaning as
“small wireless facility” as set forth in 47 CFR §16002, as may be amended. As of the effective
date of Ordinance No. 2022-09, 47 CFR §16002 defines “small wireless facility” to mean
facilities that meet each of the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas as
defined in 47 CFR §1.1320(d); or
b. Are mounted on structures no more than 10 percent taller than other adjacent
structures; or
c. Do not extend existing structures on which they are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 CFR §1.1320(d)), is no more
than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated equipment on the
structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under 47 CFR Part 17;
5. The facilities are not located on Tribal lands, as defined under 36 CFR
§800.16(x); and
6. The facilities do not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in 47 CFR §1.1307(b).
N. “Structure” means a pole, tower, base station, or building, whether or not it has an
existing antenna facility, that is used, proposed to be used, or could be used for the provision of
telecommunications service (whether on its own or comingled with other types of services).
O. “Telecommunications facilities” means the plant, equipment, and property including, but
not limited to, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used
or to be used to transmit, receive, distribute, provide, or offer wireline or wireless
telecommunications service.
P. “Telecommunications service” means the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general
public. For the purpose of this subsection, “information” means knowledge or intelligence
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represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For
the purpose of this chapter, telecommunications service excludes the over-the-air transmission of
broadcast television or broadcast radio signals.
Q. “Traffic Signal Poles” means a pole that supports equipment used for controlling traffic,
including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone
flashers.
R. “Transmission equipment” means equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
S. “Unified enclosure” means a small wireless facility providing concealment of antennas
and equipment within a single enclosure.
T. “Utility pole” means a structure designed and used primarily for the support of electrical
wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths.
U. “Wireline” means services provided using a physically tangible means of transmission,
including without limitation wire or cable, and the apparatus used for such transmission.
18.10A.040 Design and concealment standards for small wireless facilities.
Small wireless facility deployments permitted inside or outside the right-of way shall conform to
the following design standards:
A. Small wireless facilities attached to existing or replacement non-wooden poles, including
non-wooden light poles or utility poles, shall conform to the following design criteria:
1. The applicant shall minimize to the extent possible the antenna and equipment
space and shall use the smallest amount of enclosure possible to fit the necessary
equipment. The antennas and equipment shall be located consistent with BIMC
18.10A.040.E.1.
2. The furthest point of any equipment enclosure may not extend more than twenty-
eight (28) inches from the face of the pole. Any equipment or antenna enclosures must
meet WSDOT height clearance requirements.
3. All conduit, cables, wires, and fiber must be routed internally in the non-wooden
pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting
brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
4. An antenna on top of an existing pole may not extend more than six (6) feet above
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the height of the existing pole and the diameter may not exceed sixteen (16) inches,
measured at the top of the pole, unless the applicant can demonstrate that more space is
technically needed. The antennas shall be integrated into the pole design so that it appears
as a continuation of the original pole, including colored or painted to match the pole, and
shall be shrouded or screened to blend with the pole except for canister antennas which
shall not require screening. All cabling and mounting hardware/brackets from the bottom
of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
5. Any replacement non-wooden pole shall substantially conform to the design of
the pole it is replacing or the neighboring pole design standards utilized within the
contiguous right-of-way, unless the Department of Planning and Community
Development otherwise approves a variation due to aesthetic or safety concerns. Any
replacement non-wooden pole located in the right-of-way shall be placed as close to the
original pole as possible, but no more than five (5) feet from the existing pole location.
6. The height of any replacement pole may not extend more than six (6) feet above
the height of the existing pole or the minimum additional height technically necessary;
provided, that the height of the replacement pole cannot be extended further by additional
antenna height.
7. The diameter of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall, to the extent technically feasible, not be more
than a twenty (20) inches measured at the base of the pole, unless additional diameter is
needed in order to conceal equipment within the base of the pole, and shall comply with
the requirements in subsection E.6 below.
8. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as
the host site for a small wireless facility becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodating the small wireless facility and the small
wireless facility and all associated equipment shall be removed.
B. Wooden pole design standards. Small wireless facilities located on existing or
replacement wooden poles, including wooden light poles or utility poles, shall conform to the
following design criteria:
1. The wooden pole at the proposed location may be replaced with a wooden pole
for the purpose of accommodating a small wireless facility; provided, that the
replacement pole shall not exceed a height that is a maximum of ten (10) feet taller than
the existing pole, unless a further height increase is required and confirmed in writing by
the pole owner and that such height extension is the minimum extension possible to
provide sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing wooden pole but
may not increase the height of the existing wooden pole by more than ten (10) feet,
unless a further height increase is required and confirmed in writing by the pole owner
and that such height increase is the minimum extension possible to provide sufficient
Page 15 of 34
separation and/or clearance from electrical and wireline facilities. A “pole extender” as
used herein is an object affixed between the pole and the antenna for the purpose of
increasing the height of the antenna above the pole. The pole extender shall be painted to
approximately match the color of the pole and shall substantially match the diameter of
the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and
materials of the replaced pole or shall be the standard new wooden pole used by the pole
owner in the City, unless the Department of Planning and Community Development
otherwise approves a variation due to aesthetic or safety concerns.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit
shall be colored, tinted, or painted to match the approximate color of the surface of the
wooden pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of
the wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and
obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each
antenna enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which
may not exceed the height requirements described in subsection B.1 above. A canister
antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches in
diameter, measured at the top of the pole, and shall be colored or painted to match the
pole. The canister antenna must be placed to look as if it is an extension of the pole. In
the alternative, the applicant may propose a side mounted canister antenna, so long as the
inside edge of the antenna is no more than twelve (12) inches from the surface of the
wooden pole. All cables shall be concealed either within the canister antenna or within a
sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more
than twenty-eight (28) inches from the face of the pole. Any equipment or antenna
enclosures must meet WSDOT height clearance requirements.
9. An omni-directional antenna may be mounted on the top of an existing wooden
pole, provided such antenna is no more than four (4) feet in height and is mounted
directly on the top of a pole or attached to a sleeve made to look like the exterior of the
pole as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios,
cables, associated shrouding, microwaves, and conduit which are mounted on wooden
poles shall not be mounted more than six (6) inches from the surface of the pole, unless a
further distance is technically required, and is confirmed in writing by the pole owner.
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11. Equipment for small wireless facilities shall be located consistent with BIMC
18.10A.040.E.1. If equipment is allowed to be placed on the wooden pole, the equipment
must be placed in the smallest enclosure possible for the intended purpose. The visual
effect of the small wireless facility on all other aspects of the appearance of the wooden
pole shall be minimized to the greatest extent possible.
12. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of a
wooden pole serving as the host site for a small wireless facility becomes unnecessary,
the pole shall not be retained for the sole purpose of accommodating the small wireless
facility and the small wireless facility and all associated equipment shall be removed.
13. The diameter of a replacement wooden pole shall comply with the City’s setback
and sidewalk clearance requirements and shall not be more than a 25% increase of the
existing wooden pole measured at the base of the pole, unless additional diameter is
needed for structural integrity of the pole, and shall comply with the requirements in
subsection E.6 below.
14. All cables and wires shall be routed through conduit along the outside of the
wooden pole. The outside conduit shall be colored or painted to match the pole. The
number of conduit shall be minimized to the number technically necessary to
accommodate the small wireless facility.
C. Small wireless facilities attached to existing buildings shall conform to the following
design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas
do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is
discouraged.
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture of
the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in
order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to
conceal mounting hardware, create a cleaner appearance, and minimize the visual impact
of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be colored, painted, and textured to match the
adjacent building surfaces, unless otherwise technically infeasible.
7. Small wireless facilities must meet the height requirement of the underlying
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zoning district.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop.
9. If a cabinet enclosure cannot be located within the building on which the wireless
communication facilities will be located, then the City’s first preference is for the
wireless telecommunication carrier to locate the equipment on the roof of the building. If
the equipment can be screened by placing the equipment below the parapet walls, no
additional screening is required. If screening is required, the proposed screening must be
consistent with the existing building in terms of color, design, architectural style, and
material. If the cabinet equipment cannot be located on the roof or within the building,
then it shall be located underground consistent with BIMC 18.10A.040.E.1.
D. Small wireless facilities mounted on cables strung between existing poles (i.e., a strand
mounted small wireless facility), including light poles or utility poles, shall conform to the
following standards:
1. Each strand mounted small wireless facility shall not exceed four (4) cubic feet in
volume.
2. Only one strand mounted small wireless facility is permitted between any two
existing poles.
3. The pole must be able to support the necessary load requirements of the strand
mounted small wireless facility.
4. A strand mounted small wireless facility shall be placed as close as possible to the
nearest pole supporting the cable on which the small wireless facility is mounted, and in
no event more than five (5) feet from the pole unless a greater distance is technically
necessary or is required by the pole owner for safety clearance.
5. No strand mounted small wireless facility shall be located in or above the portion
of the roadway open to vehicular traffic.
6. Ground mounted equipment needed to accommodate a strand mounted small
wireless facility is not permitted except when placed in preexisting equipment cabinets.
7. Pole mounted equipment shall comply with the requirements of subsections A or
B above, as applicable.
8. Strand mounted small wireless facilities must be installed to cause the least visual
impact and without excess exterior cabling or wires (other than the original strand).
9. Strand mounted small wireless facilities are only permitted on existing overhead
wirelines supported by existing poles.
E. General requirements for all installation types.
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1. All equipment, except antennas and conduit, associated with installations in the
R-0.4 zoning district shall be ground mounted, placed underground, completely
concealed within the pole, or placed on private property consistent with the regulations
identified in (a), (c), (d), and (e) below unless the applicant can demonstrate that each of
those possible locations are technically infeasible, in which case the equipment may be
placed in accordance with (b) below. All equipment associated with installations in the
Mixed Use Town Center, High School Road I and II, and Neighborhood Center zoning
districts shall be located on the pole, completely concealed within the pole, or placed on
private property consistent with the regulations identified in (a), (b), and (d) below unless
the applicant can demonstrate that each of those allowed locations are technically
infeasible, in which case the equipment may be placed in accordance with (c) or (e)
below. All equipment associated with installations in any other zone not identified above
may be installed consistent with one of the methods identified in (a) through (e) below.
a. Concealed completely within the pole or pole base. If antennas and associated
equipment enclosures (including disconnect switches and other appurtenant
devices) are located within the pole or pole base, they shall be fully concealed
within the pole. Further, if located within the pole base, the base shall meet
ADA requirements and not impact the pedestrian access route.
b. Located on a pole. If located on a pole, antennas and the associated equipment
enclosures (including disconnect switches and other appurtenant devices)
must be colored, tinted, or painted to match the approximate color of the
surface of the pole and appear as an integral part of the pole or flush mounted
to the pole, meaning for antennas no more than twelve (12) inches off of the
pole and for associated equipment no more than six (6) inches off the pole,
and must be the minimum size necessary for the intended purpose, but in no
event shall any antenna exceed three (3) cubic feet in volume. The equipment
enclosure and all other wireless equipment associated with the pole (including
but not limited to conduit), including wireless equipment associated with the
antenna and any preexisting associated equipment on the pole, may not exceed
twenty-eight (28) cubic feet. Multiple equipment enclosures may be
acceptable if designed to more closely integrate with the pole design and
which do not cumulatively exceed twenty-eight (28) cubic feet. If the
equipment enclosure is permitted on the exterior of the pole, the applicant is
required to place the equipment enclosure behind any banners or road signs
that may be on the pole, provided that such location does not interfere with the
operation of the banners or signs or the equipment itself. The applicant may
propose a side mounted canister antenna, so long as the inside edge of the
antenna is no more than six (6) inches from the surface of the pole. All cables
shall be concealed either within the canister antenna or within a sleeve
between the antenna and the pole.
c. Underground in a utility vault. If located underground, the access lid to the
equipment enclosure shall be located outside the footprint of any pedestrian
curb ramp and shall have a nonskid surface meeting ADA requirements if
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located within an existing pedestrian access route. Antennas are not subject to
this paragraph due to technological limitations of such placement.
d. On private property. If located on private property, the applicant shall submit
a copy of a letter of authority from the private property owner prior to the
small wireless facility permit issuance. Such a letter shall clearly evidence that
the private property owner consents to use of the property for the purpose
stated herein. Any such installation on private property must conform to all
applicable regulations, including but not limited to zoning regulations, that
apply to that property.
e. On the ground in the right-of-way. If the equipment is located on the ground
in the right-of-way, the equipment enclosure on the ground and all other
wireless equipment associated with the pole (including but not limited to
conduit), including wireless equipment associated with the antenna and any
preexisting associated equipment on the pole, may not exceed twenty-eight
(28) cubic feet. The equipment located on the ground shall be placed within
one enclosure not to exceed four (4) feet in height. Such enclosure must be
colored and designed in a manner that minimizes the visual impact of the
enclosure. The location of the equipment on the ground must comply with all
applicable setback and access requirements including ADA requirements.
Prior to the issuance of any permit related to a small wireless facility which
includes ground mounted equipment in the right-of-way, the applicant must
obtain a site-specific agreement from the City to locate such ground mounted
equipment.
2. Even if one of the designated equipment locations is technically feasible under
BIMC 18.10A.040.E.1, the Director may determine that equipment located in a non-
preferred location is in fact a superior alternative if the non-preferred location:
a. Provides equal or greater protection to public vantage points, view corridors,
and scenic vistas to support Bainbridge Island’s sense of place, identity, and
orientation; and
b. Satisfies one or more of the following criteria:
i. Has a greater natural resource conservation value;
ii. Results in less adverse impact to adjoining properties; or
iii. Results in a more practical design because of topography, critical area, or
other extenuating circumstances.
3. An applicant who desires to enclose both its antennas and equipment within one
unified enclosure may do so, provided that such enclosure is the minimum size necessary
for its intended purpose and the enclosure and all other wireless equipment associated
with the pole, including wireless equipment associated with the antenna and any
Page 20 of 34
preexisting associated equipment on the pole, do not exceed twenty-eight (28) cubic feet.
The unified enclosure may not be placed more than twelve (12) inches from the surface
of the pole. To the extent possible, the unified enclosure shall be placed so as to appear as
an integrated part of the pole or behind banners or signs, provided that such location does
not interfere with the operation of the banners or signs or the equipment itself.
Requirements related to the location of equipment as outlined in BIMC 18.10A.050.E.1
do not apply if the antennas and equipment are located within one unified enclosure.
4. No equipment shall be operated so as to produce noise in violation of Chapter
16.16 BIMC.
5. Small wireless facilities are not permitted on traffic signal poles unless denial of
the siting could be a prohibition or effective prohibition of the applicant’s ability to
provide telecommunications service in violation of 47 USC §§ 253 and 332.
6. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (“ADA”), City construction and sidewalk clearance standards, City
ordinances, and state and federal laws and regulations in order to provide a clear and safe
passage within the rights-of-way. Further, the location of any replacement or new pole
must: be physically possible, comply with applicable traffic warrants, not interfere with
utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely
affect the public welfare, health, or safety.
7. No signage, message, or identification other than the manufacturer’s identification
or identification required by governing law is allowed to be portrayed on any antenna or
equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose (no
larger than 4x6 inches); provided, that signs are permitted as concealment element
techniques where appropriate.
8. Antennas and related equipment shall not be illuminated except for security
reasons, required by a federal or state authority, or unless approved as part of a
concealment element plan.
9. Side arm mounts for antennas or equipment must be the minimum extension
necessary and may not create a gap of more than twelve (12) inches for wooden poles and
no more than six (6) inches for non-wooden poles between the pole and the antennas or
equipment.
10. The preferred location of a small wireless facility on a pole is the location with
the least visible impact. When siting a small wireless facility on a pole or structure in the
right-of-way adjacent to a residential use, the applicant must first attempt to locate the
small wireless facility on a pole or structure located on or near one of the boundary lines
of the property containing the residential use. If a location not on or near the boundary
line better mitigates the aesthetic impact of the new pole, the Planning Director may
approve such alternative location. To the extent siting a small wireless facility on a pole
or structure on or near the boundary line is technologically infeasible, the applicant shall
Page 21 of 34
attempt to site the small wireless facility on the pole or structure with the least aesthetic
impact to the property, such as at a location where the small wireless facility would be
concealed from view by trees, vegetation, or other structures.
11. All installations of new poles for small wireless facilities in the R-0.4 zone shall
require a visual impact analysis at the time of small wireless application submittal and
any impacts determined to be more than a moderate visual impact shall be mitigated.
Such mitigation shall be required as part of the small wireless facility permit approval.
a. Visual Impact Analysis.
i. Compatibility and visual impact shall be determined through a visual
impact analysis. The analysis must use maps, photographs, photo
simulation, and other appropriate methods to show the existing
topographical contours of the area and areas within a one-mile radius
where any portion of the proposed facility can be seen. Line of sight
includes from the ground to the rooftop of adjacent buildings.
ii. When more than a moderate visual impact is likely, the visual impact
analysis shall include a visual demonstration, such as the erection of a
crane, a balloon in a color similar to that of the proposed structure and of a
size not less than four feet and not to exceed six feet, or similar device,
used to simulate the proposed dimensions and height of the structure. Ten
working days prior to the demonstration, the applicant shall notify:
aa. The Public Works Department.
bb. All properties within eight hundred (800) feet of the parcel
where the demonstration will occur. The Public Works Department
shall provide the list of properties within eight hundred feet.
b. More than Moderate Visual Impact. A facility shall not be considered
aesthetically compatible with the surrounding land uses if, within a one-mile
radius, it results in more than a moderate visual impact. A “more than moderate”
visual impact occurs when one or more of the following exist(s):
i. The facility becomes a predominant feature in the viewscape.
ii. The facility disrupts a largely intact and unobstructed view of visually
sensitive areas, which are those locations that provide views of one or
more of the following: Puget Sound, lakes, large wetland complexes,
major streams, valleys and ravines, large tracts of forested land, Mount
Rainier, the Cascade mountain range, or the Olympic mountain range.
These views are particularly sensitive from certain places of the city,
including residential areas, commercial areas, major transportation
corridors and arterials in less densely-populated areas.
Page 22 of 34
iii. The facility is not designed and painted to blend in with the
surrounding environment.
iv. The facility is sited above visually predominant ridgelines.
v. The facility extends forty (40) feet or more above the tree line
determined by an analysis of site potential tree height at fifty years (SPTH
(50)), based on soil types.
12. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable
shall not dominate the structure or pole upon which they are attached.
13. For one or more residential uses located more than 400 feet from the right-of-way,
a small wireless facility may be located within an access easement over residential
property, provided that the following conditions are met:
a. The owner of the residential property upon which the small wireless facility
will be located has granted permission in writing to locate the small wireless
facility in the desired location and has provided proof of authority to grant
such permission;
b. The terms of the access easement allow the installation of the small wireless
facility in the proposed location;
c. The installation of the small wireless facility in the proposed location does not
create any access or safety issues;
d. Any new pole complies with the requirements of BIMC 18.10A.050;
e. Any new structure complies with all applicable requirements of the
Bainbridge Island Municipal Code;
f. Any covenants or easements recorded on the property allow the deployment
of the small wireless facility on the property; and
g. The proposed small wireless facility complies with all applicable land use
regulations, including but not limited to: Chapter 19.10 BIMC, Chapter
18.10A. BIMC, Chapter 16.20 BIMC, and Chapter 16.12 BIMC.
14. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way when assessing proposed siting locations so as
to not adversely affect the visual character of the City. This provision shall not be applied
to limit the number of permits issued when no alternative sites are reasonably available,
nor to impose a technological requirement on the applicant.
15. These design standards are intended to be used solely for the purpose of
concealment and siting. Nothing herein shall be interpreted or applied in a manner which
dictates the use of a particular technology. When strict application of these requirements
Page 23 of 34
would effectively prohibit the applicant from providing a wireless service, alternative
forms of concealment or deployment may be permitted which provide similar or greater
protections from negative visual impacts to the streetscape.
18.10A.050 New poles for small wireless facilities.
A. New poles for small wireless facilities are only permitted if the applicant can establish
that:
1. The proposed small wireless facility cannot be located on an existing utility pole
or light pole, electrical transmission tower, or on a site outside of the public rights-of-way
such as public non-park property, a building, a transmission tower, or in or on a non-
residential use in a residential zone whether by roof or panel-mount or separate structure;
2. The proposed small wireless facility complies with the applicable requirements of
BIMC 18.10A.040;
3. All new poles in the right-of-way shall be the standard pole design adopted in the
City’s Design and Construction Standards. The Public Works Department may adopt
standard pole designs for different use cases or different areas within the City in order to
most fully protect the aesthetics and safety of the community. All standard designs shall
accommodate and not limit the telecommunications technology used. The Public Works
Director or designee may approve a deviation from the standard pole design if the
Director finds that the proposed pole design is at least as protective of the aesthetic and
visual character of the location as the City’s adopted standard pole design.
a. If a deviation is approved, all elements of the small wireless facility must be
integrated into the design of the pole.
b. Technical feasibility and safety shall be considered by the Public Works
Director if any deviation from the City adopted standard pole design is
requested.
c. If no standard pole design is adopted, the design of the new pole must mimic
the design of adjacent neighboring poles or the pole which is being replaced,
including similar height to the extent technically feasible. All elements of the
small wireless facility must be integrated into the design of the pole.
d. Upon construction of a new pole complying with the standard pole design, the
applicant may convey ownership of the pole to the City and the Public Works
Director may accept ownership of the pole on behalf of the City if the pole
serves a municipal purpose, including, but not limited to, street lighting or a
benefit to a utility operated by a public agency.
4. The proposed small wireless facility receives approval for a concealment element
design, as described in subsection C below;
5. The proposed small wireless facility also complies with the Shoreline
Page 24 of 34
Management Act, SEPA, and any other relevant law or regulation if applicable; and
6. No new poles shall be located in a critical area or associated buffer or setback
required by Chapter 16.20 BIMC, except when determined to be exempt pursuant to
Chapter 16.20 BIMC.
7. Any visual impact determined to be more than a moderate visual impact through a
visual impact analysis required by BIMC 18.10A.040.E.11 has been mitigated as required
by the Director.
B. An application for a new pole is subject to review and approval or denial by the Director.
C. The concealment element design shall include the design of the screening, fencing, or
other concealment technology for the pole and all related transmission equipment or facilities
associated with the proposed small wireless facility, including but not limited to fiber and power
connections.
1. The concealment element design should seek to minimize the visual obtrusiveness
of the small wireless facility.
a. New poles located within the right-of-way must conform to the requirements
of BIMC 18.10A.050.A.3 above. Because all new poles are either the City
adopted standard pole design or approved poles with all elements of the small
wireless facility integrated into the design of the pole, no additional equipment
is allowed on or in the ground.
b. When siting a new pole on property located in a residential zone, the applicant
must first attempt to locate the new pole on or near one of the boundary lines
of that property. If a location not on or near the boundary line better mitigates
the aesthetic impact of the new pole, the Planning Director may approve such
alternative location. To the extent siting a small wireless facility on a new pole
located on or near the boundary line is technologically infeasible, the
applicant shall attempt to site the new pole at a location with the least
aesthetic impact to the property, such as at a location where the new pole
would be concealed from view by trees, vegetation, or other structures.
c. New poles outside of the right-of-way should attempt to mimic the design of
existing similarly situated neighboring poles or the pole which is being
replaced, including being of a similar height to the extent technically feasible.
All equipment and antennas attached to such poles must conform with the
standards contained in BIMC 18.10A.040.A. or 18.10A.040.B., as applicable,
and BIMC 18.10A.040.E.
2. If the Director has already approved a concealment element design either for the
applicant or another small wireless facility in the same area or for the same pole type,
then the applicant shall utilize a substantially similar concealment element design, unless
it can show that such concealment element design is not physically or technologically
Page 25 of 34
feasible, or that such deployment would undermine the generally applicable design
standards.
D. Even if an alternative location is established pursuant to BIMC 18.10A.050.A.1, the
Director may determine that a new pole in the right-of-way is in fact a superior alternative if the
new pole:
1. Satisfies the other requirements of BIMC 18.10A.050.A;
2. Provides equal or greater protection to public vantage points, view corridors, and
scenic vistas to support Bainbridge Island’s sense of place, identity, and orientation; and
3. Satisfies one or more of the following criteria:
a. Has a greater natural resource conservation value;
b. Has less adverse impact to adjoining properties; or
c. Results in a more practical design because of topography, critical area, or other
extenuating circumstances.
E. Prior to the issuance of a permit to construct a new pole in the right-of-way, the applicant
must obtain a site-specific agreement from the City to locate such new pole. The requirement to
obtain a site-specific agreement also applies to the placement of replacement poles when the
replacement is necessary for the installation or attachment of the small wireless facility, the
replacement structure is higher than the replaced structure, and the overall height of the
replacement structure and the small wireless facility is more than sixty (60) feet.
F. These design standards are intended to be used solely for the purposes identified in BIMC
18.10A.010. Nothing herein shall be interpreted or applied in a manner which dictates the use of
a particular technology. When strict application of these requirements would unreasonably
impair the function of the technology chosen by the applicant, alternative forms of concealment
or deployment may be permitted which provide similar or greater protections of the streetscape.
Section 9. Repeal and Replacement of Chapter 18.11 BIMC. Chapter 18.11 of the
Bainbridge Island Municipal Code is hereby repealed in its entirety and replaced with the
following:
Chapter 18.11
Eligible Facilities Requests
18.11.010 Definitions.
18.11.020 Application.
18.11.030 Qualification as an Eligible Facilities Request.
18.11.040 Timeframe for Review.
18.11.050 Tolling of the Timeframe for Review.
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18.11.060 Determination that Application is not an Eligible Facilities Request.
18.11.070 Failure to Act.
18.11.080 Enforcement.
18.11.010 Definitions
The following definitions shall apply to Eligible Facilities Requests only as described in this
Chapter 18.11 BIMC.
A. “Base station” means a structure or equipment at a fixed location that enables FCC-
licensed or authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined herein nor any equipment associated
with a tower. Base station includes, without limitation:
1. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological configuration
(including Distributed Antenna Systems (“DAS”) and small wireless networks).
3. Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this section, supports or houses equipment described in
subparagraphs A.1 and A.2 above that has been reviewed and approved under the
applicable zoning or siting process, or under another state or local regulatory review
process, even if the structure was not built for the sole or primary purpose of providing
that support.
4. The term does not include any structure that, at the time the Eligible Facilities
Request application is filed with the City, does not support or house equipment described
in subparagraphs A.1 and A.2 above.
B. “Co-location” means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio frequency signals
for communication purposes.
C. “Eligible facilities request” means any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or base
station, involving:
1. Co-location of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
Page 27 of 34
D. “Eligible support structure” means any tower or base station as defined in this section,
provided that it is existing at the time the relevant application is filed with the City.
E. “Existing” means that a constructed tower or base station is “existing” if it has been
reviewed and approved under the applicable zoning or siting process, or under another state or
local regulatory review process; provided, that a tower that has not been reviewed and approved
because it was not in a zoned area when it was built, but was lawfully constructed, is existing for
purposes of this definition.
F. “Substantial change” means a modification “substantially changes” the physical
dimensions of an eligible support structure if it meets any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is
greater; for other eligible support structures, it increases the height of the structure by
more than 10% or more than ten (10) feet, whichever is greater. The separation of
antennas is measured by the distance from the top of the existing antennas to the bottom
of the new antennas;
2. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower
more than twenty (20) feet, or more than the width of the tower structure at the level of
the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of
the structure by more than six (6) feet;
3. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not to
exceed four cabinets; or, for towers in the public rights-of-way and base stations, it
involves installation of any new equipment cabinets on the ground if there are no
preexisting ground cabinets associated with the structure, or else involves installation of
ground cabinets that are more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site; except that, for
towers other than towers in the public rights-of-way, it entails any excavation or
deployment of transmission equipment outside of the current site by more than 30 feet in
any direction. The site boundary from which the 30 feet is measured excludes any access
or utility easements currently related to the site;
5. It would defeat the concealment elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station equipment;
provided, however, that this limitation does not apply to any modification that is
noncompliant only in a manner that would not exceed the thresholds identified above.
Page 28 of 34
G. “Tower” means any structure built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures that are
constructed for wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul and the associated site.
H. “Transmission equipment” means equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The
term includes equipment associated with wireless communications services including, but not
limited to, private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
18.11.020 Application.
The Director shall prepare and make publicly available an application form used to consider
whether an application is an Eligible Facilities Request. The application may not require the
applicant to demonstrate a need or business case for the proposed modification. Prior to the
issuance of an Eligible Facilities Request permit, the applicant shall pay a permit fee in an
amount as determined by the City Council and adopted by resolution.
18.11.030 Qualification as an Eligible Facilities Request.
Upon receipt of an application for an Eligible Facilities Request, the Director shall review such
application to determine whether the application qualifies as an Eligible Facilities Request.
18.11.040 Timeframe for Review.
A. Within sixty (60) days of the date on which an applicant submits an Eligible Facilities
Request application, the Director shall approve the application unless the Director determines
that the application is not covered by 47 CFR §1.6100 and this Chapter 18.11 BIMC.
B. A permit issued pursuant to this chapter, and any applications deemed granted under
BIMC 18.11.070, shall be valid for a term of 12 months from the date of issuance or the date the
application has been deemed granted under BIMC 18.11.070.
18.11.050 Tolling of the Timeframe for Review.
A. The sixty (60) day review period begins to run when the application is filed and may be
tolled only by mutual agreement by the Director and the applicant or in cases where the Director
determines that the application is incomplete.
1. To toll the timeframe for incompleteness, the Director shall provide written notice
to the applicant within thirty (30) days of receipt of the application, clearly and
specifically delineating all missing documents or information required in the application.
Page 29 of 34
2. The timeframe for review begins running again when the applicant makes a
supplemental submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant
within ten (10) days that the supplemental submission did not provide the information
identified in the original notice delineating missing information. The timeframe is tolled
in the case of second or subsequent notices pursuant to the procedures identified in this
subsection. Second or subsequent notices of incompleteness may not specify missing
documents or information that was not delineated in the original notice of
incompleteness.
18.11.060 Determination that application is not an Eligible Facilities Request.
If the Director determines that the applicant’s request does not qualify as an Eligible Facilities
Request, the Director shall deny the application.
18.11.070 Failure to Act.
In the event the Director fails to approve or deny an application for an Eligible Facilities Request
within the timeframe for review (accounting for any tolling), the request shall be deemed
granted. The deemed granted application does not become effective until the applicant notifies
the Director in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
18.11.080 Enforcement.
Compliance with the provisions of this chapter is mandatory. Any violation of this chapter shall
be enforced, and penalties assessed, in accordance with Chapter 1.26 BIMC.
Section 10. Amendment to BIMC 18.36.030. The following defined terms as set forth
in subsection 18.36.030 of the Bainbridge Island Municipal Code are hereby repealed:
“Accessory antenna device,” “Attached wireless communication facility,” “Co-location,”
“Wireless communication facility,” “Wireless communication facility, Facility I,” “Wireless
communication facility, Facility II,” and “ Wireless communication facility, Facility III.”
Section 11. Amendment to BIMC 18.36.030. The following defined term as set forth in
subsection 18.36.030 of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
“Wireless communication support structure” means 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. “Monopoles” and “lattice towers” shall have the same meaning as defined in Chapter
18.10 BIMC.
Page 30 of 34
Section 12. Amendment to BIMC 18.36.030. The following defined term as set forth in
subsection 18.36.030 of the Bainbridge Island Municipal Code is hereby amended to read as
follows:
“Structure” means any human-made assemblage of materials extending above or below
the surface of the earth and affixed or attached thereto. “Structure,” for the purposes of this title,
except for BIMC 18.09.030.F.1, does not include “wireless communications communication
facilities” as that term is defined in Chapter 18.10 BIMC.
Section 13. Amendment to BIMC 2.16.040. Subsection 2.16.040.B.1.d of the
Bainbridge Island Municipal Code is hereby amended to read as follows:
d. The construction of new wireless communications communication support structures
(but not the location of wireless facilities on existing buildings).
Section 14. Amendment to BIMC 19.10.020.D.3. Subsection 19.10.020.D.3 of the
Bainbridge Island Municipal Code is hereby amended to read as follows:
3. Associated Permit(s). The applicant shall attach all associated permit requirements,
such as applications or checklists required under the critical areas, shoreline, or SEPA
ordinances. Applications for deployment of small wireless facilities in design zones or for new
poles shall comply with the requirements in Chapter 18.10A BIMC 18.10A.060.
Section 15. Amendment to BIMC 19.10.020.D. A new subsection 19.10.020.D.5 is
added to the Bainbridge Island Municipal Code as follows:
5. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an
eligible facility request so long as the expansion:
a. Does not defeat the specifically designated stealth techniques;
b. Incorporates the aesthetic elements required as conditions of approval set forth in the
original small wireless facility approval in a manner consistent with the rights granted an
eligible facility; and
c. Does not exceed the conditions of a small wireless facility as defined by 47 CFR §
1.6002(l).
Section 16. Amendment to BIMC 19.10.020.E.1. Subsection 19.10.020.E.1 of the
Bainbridge Island Municipal Code is hereby amended to read as follows:
d. Compliance with the aesthetic requirements of BIMC 18.10A.050 Chapter 18.10A
BIMC.
e. A complete visual impact analysis if required by BIMC 18.10A.050.E.11.
Page 31 of 34
Section 17. Amendment to BIMC 19.10.030.A. A new subsection 19.10.030.A.6 of the
Bainbridge Island Municipal Code is hereby added to read as follows:
6. The application shall be required to mitigate any visual impact found to be more than a
moderate visual impact through the visual impact analysis, if required. Such mitigation will be
included as a condition of the small wireless permit as determined by the Director.
Section 18. Amendment to BIMC 19.10.030.D. Subsection 19.10.030.D of the
Bainbridge Island Municipal Code is hereby amended to read as follows:
D. Review of Facilities Compliance with Federal Law. Review of the site locations
proposed by the applicant shall be governed by the provisions of 47 U.S.C. Sections 253 and
332 and other applicable statutes, regulations, and case law. Applicants for master permits and
small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory
manner with other service providers, utilizing supporting infrastructure that is functionally
equivalent, that is, service providers whose facilities are similarly situated in terms of structure,
placement, or cumulative impacts. Small wireless facility permit review under this chapter shall
neither prohibit nor have the effect of prohibiting the ability of an applicant to provide
telecommunications services.
Section 19. Amendment to BIMC 19.10.070. Subsection 19.10.070 of the Bainbridge
Island Municipal Code is hereby amended to read as follows:
Small wireless facilities permit decisions are final decisions appealable to the Kitsap
County superior court hearing examiner by filing a written notice of appeal within 30 days of the
date of issuance of the small wireless facilities permit. The applicant may proceed forward with a
permitted project that has been appealed at the applicant’s own risk and subject to any
subsequent hearing examiner or court decision that may impact the applicant’s ability to install
such facilities.
Section 20. Corrections. The City Clerk and codifiers of the ordinance are authorized to
make necessary corrections to this ordinance or to the City Code including, but not limited to, the
correction of scrivener or clerical errors, references, ordinance numbering, section or subsection
numbers, and any references thereto.
Section 21. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity
shall not affect the validity or effectiveness of the remaining portions of this ordinance.
Section 22. Effective Date. This ordinance shall take effect and be in force five (5) days
from its passage and publication as required by law.
Page 32 of 34
PASSED by the City Council this 26th day of April 2022.
APPROVED by the Mayor this 26th day of April 2022.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: April 8, 2022
PASSED BY THE CITY COUNCIL: April 26, 2022
PUBLISHED: May 6, 2022
EFFECTIVE DATE: May 11, 2022
ORDINANCE NUMBER: 2022-09
ATTACHED: Exhibit A
Page 33 of 34
Exhibit A
Amendments to Utility and Telecommunications Section of Table 18.09.020
UTILITY AND TELECOMMUNICATIONS
Note: Utility and telecommunications uses may be subject to additional requirements in BIMC 16.12.030.C.7.
ZONING
DISTRICT
USE
CATEGORY/TYP
E
R-0.4
R-1
R-2
R-
2.9
R-
3.5
R-
4.3
R-5
R-6
R-8
R-
14
Winslow Mixed Use
Town Center
HS
R I
and
II
NC B/I WD
-1
Use-
Specific
Standard
s BIMC
18.09.03
0
CC MA EA Gat
e
Ferr
y [1]
Monopole or
Lattice Tower
PC C C C C C C C C C P/
C
P/
C
P/
C
P/C P/C P/C P/
C
P/
C
P/C F-4
Small Wind Energy
Generator
C C C C C C C C C C C C C C C C P/C P/
C
P/C F-1
Utility, Primary C C C C C C C C C C C C C C C C C P C F-2
Public
Communications
Tower
P P A A A A A A A A A A A A A A A P A F-3
Wireless
Communication
Facilities, Facility I
P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/
C
P/C F-4
Wireless
Communication
Facilities, Facility
II
P/C P/
C
P/
C
P/
C
P/
C
P/
C
P/
C
P/
C
P/
C
P/
C
P/C P/C P/C P/C P/C P/C P/C P/
C
P/C F-4
All Other Wireless
Communication
Facilities, Facility
III
PC C C C C C C C C C C C C C C C C PC PC F-4
Page 34 of 34
Small Wireless
Facilities
P (When
proposed
location
has
existing
poles at
time of
application
)
C (When
proposed
location
does not
have
existing
poles at
time of
application
)
P P P P P P P P P P P P P P P P P P B-5