ORD NO. 2014-05 UTILITY POLE HEIGHT REGULATIONSORDINANCE NO. 2014-05
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the repair, replacement, and reconstruction of electrical transmission
structures and utility poles and amending Sections 18.09.030, 18.12.040,
and 18.36.030 of the Bainbridge Island Municipal Code.
WHEREAS, the City desires to permit Puget Sound Energy to continue the safe
and reliable delivery of electricity to residents and businesses; and
WHEREAS, the City desires to allow Puget Sound Energy to repair, replace or
reconstruct its utility poles and transmission structures; and
WHEREAS, the City wishes to provide clear and consistent regulations for the
maintenance and upgrade of Puget Sound Energy's utility poles and transmission
structures; and
WHEREAS, timely notice was given to the Department of Commerce in
conformance with RCW 36.70A.106; and
WHEREAS, the City held a public hearing on the proposed amendments on
March 24, 2014; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.09.030.F.2 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
2. Utility, Primary.
a. Primary utility facilities and equipment are subject to standards in BIMC
16.12.120, Shoreline master program, and BIMC 16.20.130.0.11, Critical
Areas Regulations.
b. Replacement, maintenance or upgrade of existing poles and e ui ment
within a utility corridor or right- of-way is considered a 12ermittcd( "1}''
use.
() Replacement of a distribution utility pole or a transmission utility Role
exceedin the e hei ht�and /or location standards established in Table
18.12.040 shall require minor site plan review approval in accordance with
BIMC 2.16.040 prior to installing � placement pole.
Section 2. Table 18.12.040 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
Table 18.12.040: Permitted Setback/Height Modifications
Encroachment
Conditions
Type of Encroachment
Permitted
Permitted Setback Modifications
Fence or combined fence
In any required setback
Except as provided in BIMC 18.12.030.F.2,
and berm up to 6 feet high
subject to applicable
BIMC 18.12.040.13, and Chapter 16.12
regulations in BIMC
BIMC
Title 15
Nonscreening fences or
In any required setback
Except as provided in Chapter 16.12 BIMC
combined nonscreening
subject to applicable
fence and berm up to 8 feet
regulations in BIMC
high
Title 15
Chimneys, flues, awnings,
Up to 18 inches into any
bay windows, and
required setback
greenhouse windows
Covered porches, bay
Up to five feet into the
Bay windows must be cantilevered outward
windows and eaves within
front yard
from the wall, and may not result in any
the Ericksen Avenue
portion of the building floor area extending
overlay district
into the setback
Any structures, including
Up to 2 feet into front
but not limited to
and side setbacks. Up to
uncovered steps, porches,
5 feet into required rear
and decks less than or
setbacks.
equal to 30 inches in height
Eaves
May extend up to 24
inches in any required
setback except shoreline
structure setback
At or near grade structures
In any required setback
May not exceed 4 inches in height
such as uncovered patios,
sidewalks, and driveways
Signs
In any required setback
Must conform to Chapter 15.08 BIMC
Utilities accessory to a
In any required setback
single - family residence
Composting bins
In side or rear setback
areas
Rain garden/swales
In side or rear setbacks
Rainwater harvesting
In side or rear setbacks
barrels
Wall- mounted on- demand
Up to 18 inches into
Permitted if buffered or enclosed to prevent
hot water heaters
side or rear setbacks
noise impacts to neighboring properties
Below- ground geothermal
In any required setback
Permitted if any excavated areas are
equipment
promptly re- landscaped after installation is
complete
Rockeries and retaining
In any required setback
Qualified geotechnical engineer
walls less than 4 feet in
determination, and city concurrence, that it
height
is necessary for slope stabilization
Permitted Height Modifications
Small wind energy
Up to 18 in. above the
generators
maximum building
height in the district
Solar panels
Up to 18 in. above the
maximum building
height in the district
Noncommercial,
Up to 50 feet in height
nonparabolic antennas
above grade
affixed to noncommercial
communication towers
One flagpole per parcel
Up to 45 feet in height
above grade
Distribution uUtility poles
Up to -59 55 feet in
height above grade
Replacement poles over 55 feet in height,
see section 18.09.030.F.2.b. For new
distribution utility facilities or corridors, see
Table 18.09.020. Poles shall not be moved
more than 20 feet from the original location
unless permitted under section
18.09.030.F.2.b.
Transmission utility poles
Up to a 25 percent
Replacement poles over the 25 percent
increase above existing
increase or 100 feet in }ieighl, see section
hole height above grade
18.09.030.F.2.b. For new transmission
with a maximum height
utility facilities or corridors, see Table
of 100 feet
18.09.020. Poles shall not be moved more
than 20 feet from the original location unless
permitted under section 18.09.030.F.2.b.
Utility structures existing
on the effective date of the
ordinance codified in this
subsection
Existing height
May also be replaced or modified; provided,
that the structure is not larger or taller than
the original structure and is not moved more
than 20 feet from its original location
Section 3. Section 18.36.030.251 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
251. "Utility" means all lines, buildings, easements, passageways, or
structures used or intended to be used by any public or private utility
related to the provision, distribution, collection, transmission, or disposal
of power, oil, gas, water, sanitary sewage, communication signals, or other
similar services on a local level and other in -line facilities needed for the
operation of such facilities, such as gas regulation stations, power or
communication sub - stations, dams, reservoirs, and related power houses.
Additionally, a utility facility means any energy device and /or system that
generates energy from renewable energy resources including solar, hydro,
wind, biofuels, wood, geothermal, or similar sources. Services may be
publicly or privately provided. In the Mixed Use Town Center and High
L,
School Road commercial zones, a utility or utilities do not include
wireless communications facilities.
a. "Utility, primary" means facilities that produce, transmit, carry, store, distribute,
or process electric power, gas, water, sewage, or information and do not meet the
definition of an accessory utility. Primary utilities include solid waste handling and
disposal facilities, wastewater treatment facilities, utility lines, electrical power
generating or transfer facilities, radio cellular telephone and microwave towers, and
gas distribution and storage facilities.
i. "Distribution utility pole" means a structure supporting electrical distribution
lines carrying less than 55 kV. Distribution utility Roles carry power from
electrical substations through distribution transformers directly to homes and
businesses. Distribution utility poles may support communication lines.
ii. "Transmission utility pole" means a structure supporting electrical
transmission lines carrying 55 kV or higher. 'Transmission utility poles
transport power from generation sources like dams and wind generation
facilities to substations. Transmission utility poles may support distribution
and /or communication lines.
b. "Utility, accessory" means small -scale distribution systems directly serving a
permitted ( "P ") or conditional ( "C ") use. Accessory utilities include power,
telephone, cable, water, sewer, septic, and storm water lines, and do not include
wind generators (turbines) or solar panels.
Section 4. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by laNv.
PASSED BY THE CITY COUNCIL this 241" day of March, 2014.
APPROVED BY THE MAYOR this 24`x' day of March, 2014.
Anne S. Blair, Mayor
ATTEST /AUTHENTICATE:
L I CLU -V� - V_iJ I (' l
Rosalind D. Lassoff,Oity Clerk
FILED WITH THE CITY CLERK: March 14, 2014
PASSED BY THE CITY COUNCIL: March 24, 2014
PUBLISHED: March 28, 2014
EFFECTIVE DATE: April 2, 2014
ORDINANCE NUMBER: 2014 -05
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