ORD NO. 2017-14 AMENDING SECTIONS 2.16.040, 18.09.020, 18.09.030, 18.12.040 AND 18.36.030 RADIO TOWERSPage 2 of 4
Section 1. Section 2.16.040.B of the Bainbridge Island Municipal Code is amended to
read as follows:
B. Applicability
2. Exemptions. The following types of activities shall not require site plan
and design review pursuant to this section. Properties within jurisdiction
of the shoreline master program, as defined by Chapter 16.12 BIMC, or
containing critical areas or critical area buffers, as defined by Chapter
16.20 BIMC, may require review pursuant to those chapters.
a. Permits authorizing residential construction for detached single-family
residential use and accessory dwelling units.
b. Any activity that does not require a building permit or is not
considered a change in use, as determined by the director.
c. Any activity on the exterior of a building that does not exceed 25
percent change in any existing facade or roof form.
d. Interior work that does not alter the exterior of the structure or affect
parking standards as determined by the director.
e. Normal building maintenance and repair.
f. Maintenance or expansion of existing parks where the proposed
activities are exempt from SEPA review in accordance with WAC
197-11-800.
g. Construction of public communications towers.
Section 2. Table 18.09.020 of the Bainbridge Island Municipal Code is amended as
shown in Exhibit A.
Section 3. Section 18.09.030.F of the Bainbridge Island Municipal Code is amended to
read as follows:
F. Utility and Telecommunications.
1. Small Wind Energy Generator.
A small wind energy generator is a permitted use in NSC, B/I, and WD-I
zone districts if it complies with height and width setback requirements of
the zone district, and will be a conditional use in the NSC, B/I, and WD-I
zone districts if it does not comply with height and width setback
requirements.
2. Utility, Primary.
EXHIBIT A
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and 16.20
BIMC may apply to shoreline or critical area properties “C” = Conditional Use “CA” = Conditional Accessory Use
Blank = Prohibited Use “T” = Temporary Use
ZONING DISTRICT
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 HSR
I and
II
NSC B/I WD-I
Use-Specific
Standards
BIMC
18.09.030 USE CATEGORY/TYPE CC MA EA Gate Ferry
[1]
UTILITY AND TELECOMMUNICATIONS
Note: Utility and telecommunications uses may be subject to additional requirements in BIMC 16.12.030.C.7.
Communication Tower or Antenna P
Monopole or Lattice Tower P P
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
Solar Panel C C C C C C C C C C C C C C C C C C C
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 P P P P P P P P P P P P P P P P P P F-3
Wireless Communication Facilities, Facility II P P P P P P P P P P F-3
Wireless Communication Facilities, Facility III P P P F-3
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EXHIBIT B
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
Permitted Setback Modifications
Fence or combined fence and berm up
to 6 feet high
In any required setback subject to applicable
regulations in BIMC Title 15
Except as provided in BIMC 18.12.040.B and
Chapter 16.12 BIMC
Nonscreening fences or combined
nonscreening fence and berm up to 8
feet high
In any required setback subject to applicable
regulations in BIMC Title 15
Except as provided in Chapter 16.12 BIMC
Chimneys, flues, awnings, bay
windows, and greenhouse windows
Up to 18 inches into any required setback
Covered porches, bay windows and
eaves within the Ericksen Avenue
overlay district
Up to 5 feet into the front yard Bay windows must be cantilevered outward
from the wall, and may not result in any
portion of the building floor area extending
into the setback
Any structures, including but not limited
to uncovered steps, porches, and
decks less than or equal to 30 inches
in height
Up to 2 feet into front and side setbacks. Up to 5
feet into required rear setbacks.
Eaves May extend up to 24 inches in any required
setback except shoreline structure setback
2
EXHIBIT B
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
At or near grade structures such as
uncovered patios, sidewalks, and
driveways
In any required setback May not exceed 4 inches in height
Signs In any required setback Must conform to Chapter 15.08 BIMC
Utilities accessory to a single-family
residence
In any required setback
Composting bins In side or rear setback areas
Bioretention/rain gardens In any required setback In accordance with Chapter 15.20 BIMC
Rain barrels/cisterns In any required setback In accordance with Chapter 15.20 BIMC
Wall-mounted on-demand hot water
heaters
Up to 18 inches into side or rear setbacks Permitted if buffered or enclosed to prevent
noise impacts to neighboring properties
Below-ground geothermal equipment In any required setback Permitted if any excavated areas are
promptly re-landscaped after installation is
complete
Rockeries and retaining walls less than
4 feet in height
In any required setback Qualified geotechnical engineer
determination, and city concurrence, that it is
necessary for slope stabilization
3
EXHIBIT B
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
Public Communications Tower In any required setback subject to applicable
regulations in BIMC Title 15
Must conform to Chapter 16.12 and Chapter
16.20 BIMC
Permitted Height Modifications
Small wind energy generators Up to 18 inches above the maximum building
height in the district
Solar panels Up to 18 inches above the maximum building
height in the district
Noncommercial, nonparabolic
antennas affixed to noncommercial
communication towers
Up to 50 feet in height above grade
One flagpole per parcel Up to 45 feet in height above grade
Public Communications Tower Up to 120 feet in height above grade A building permit is required for a public
communications tower. A conditional use
permit shall be required for a public
communications tower to be constructed
between 71 feet and 120 feet above grade. A
public communications tower shall not
exceed 120 feet in height.
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EXHIBIT B
Table 18.12.040: Permitted Setback/Height Modifications
Type of Encroachment Encroachment Permitted Conditions
Distribution utility poles Up to 55 feet in height above grade Replacement poles over 55 feet in height,
see BIMC 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 BIMC
18.09.030.F.2.b.
Transmission utility poles Up to a 25 percent increase above existing pole
height above grade with a maximum height of 100
feet
Replacement poles over the 25 percent
increase or 100 feet in height, see BIMC
18.09.030.F.2.b. For new transmission 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 BIMC 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