ORD NO. 2019-15 SMALL WIRELESS DESIGN STANDARDSORDINANCE NO. 2019-15
AN ORDINANCE of the City of Bainbridge Island, Washington, concerning
wireless communications facilities; Amending Title 18 of the Bainbridge Island
Municipal Code to add a new Chapter 18.10A BIMC, authorizing and
establishing design and concealment standards for small wireless facilities;
Amending BIMC 18.10.030 regarding definitions; Revising BIMC 18.10.010 to
adopt applicability section; Repealing and replacing in full Chapter 18.11 BIMC
concerning eligible facilities requests; Adopting findings in support of the
foregoing; Requiring a post -adoption public hearing on the foregoing; Providing
for severability; Declaring a public emergency and establishing an immediate
effective date.
WHEREAS, the Federal Communications Commission ("FCC") recently 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 City Council finds that the existence of the federal regulations requires
the immediate enactment of administrative procedures and processes which can comply with the
FCC Order; and
WHEREAS, the aesthetic design and concealment standards that govern deployment of
small wireless facilities will become part of Chapter 18.10A BIMC; and
WHEREAS, contemporaneous with the consideration of this ordinance, the City Council
enacted amendments to its existing master permit code provisions, Chapter 19.02 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, 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 process 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 collocate wireless communications
facilities, and which regulations will replace Chapter 18.11 BIMC; and
Page 1 of 22
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,
vetted, and processed through the City's standard legislative procedures; and
WHEREAS, the City Council finds that the adoption of this interim official control
ordinance will allow the City to put in place standards to come into compliance with the FCC
Order, while providing a meaningful opportunity for its citizens to provide input regarding
design, concealment, and other aesthetic standards within the longer timeframe permitted by use
of an interim official control ordinance; and
WHEREAS, the City Council finds that adopting interim official control as set forth
herein for up to six (6) months is necessary for the immediate preservation of the public peace,
health, or safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to adopt and establish interim
aesthetic requirements and revisions to the City's wireless communications facilities code
provisions in response to the FCC Order for a period of six (6) months, or until such earlier time
as permanent regulations may be adopted.
Section 2. Findings. The recitals set forth above are hereby adopted as the City Council's
initial findings of fact in support of the interim official control established by this ordinance. The
City Council further finds that this ordinance is necessary, in conjunction with Ordinance No.
2019-11, to address potential applications for small wireless facilities within the presumptive
safe harbor review periods prescribed by the FCC Order. As such, a public emergency exists
requiring that this ordinance take effect immediately upon passage.
Section 3. 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.
Page 2 of 22
B. Applica�ility
1. Applicability. The provisions of this chapter shall apply to all new WCFs located
within the boundaries of the Citv. and for any modification to an existing WCF that is not
governed by Chapter 18.11 BIMC provided that this chapter shall not apply to small
wireless facilities that are pennitted under Chapter 19.10 BIMC and are subject to
Chapter 18. l OA BIMC.
2. Permit Rewired 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 Rewired In addition to the requirement of obtaining the appropriate
wireless communication facility permit, if all or a poition of the WCF will be located
upon a city -owned structure, ora on non-right-of-wa ro ert which is either city -
owned or city -leased, thea licant 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 ri ht-of--wa . the applicant shall be required to obtain a master
permit. consistent with Chapters 19.02 and 19.04 BIMC, from the city for the use of the
city's right-of-way.
Page 3 of 22
Section 4. 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
follows:
AND TELECOMMUNICATIONS
ote: Utility and telecommunications uses may be subject to additional requirements in BIMC 16.12.030.C.7.
ZONING DISTRICT
USE
CATEGORY/TYPE
R-
0.4
R-
1
R-
2
R- R-
2.9 3.5
R-
4.3
R-
5
R-
6
R- R-
8 14
Winslow Mixed Use
Town Center
CC MA .EA Gate Ferry
[ 1 ]
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HSR
[
,and
II
NC
B/I
P
WD- I
1
L
1
Monopole or Lattice
P
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JJ_
Tower
Small Wind Energy
11C
C
C
C C
C
�C
C
C C
C C C C C
C
P/C
P/C
P/C 1
Generator
Utility, Primary
C
C
C
C C
C
C
C
C C
C
C
C
C
C
C
C
P
C 1
Public Communications
P
P
A JA
A
A
A
A
A A
A
A
A
A
A
A
A
P
A 1
'Tower
Wireless
P
P
P
P P
P
P
P
P P
P
P
P
P
P
P
P
P
P
Communication
Facilities, Facility I
Wireless
P
P
P
P
P
P
P
P
P
P
Communication
Facilities, Facility II
'Wireless
P
P
P
'Communication
-Facilities, Facility III
Small Wireless
P
P
JE
11P P
PP
P
P P
P
P
P
P
P
P
P
P
P
Facilities
Section 5. Amendment of BIMC 18.09.030. Section 18.09.030 of the Bainbridge Island
Municipal Code is hereby amended to include a new Subsection 18.09.030.13.5, to read as
follows:
5. Small wireless facilities. Except for locations in the ri ht-of-wa small wireless facilities are
prohibited on wiy propeKtycontaining a residential use in the residential zones.
Page 4 of 22
Jse-
ipecific
)tandards
3IMC
.8.09.030
?-1
-2
�3
Section 6. Adoption of New Chapter 18.10A BIMC. Title 18 of the Bainbridge Island
Municipal Code is hereby amended to include a new Chapter 18. 1 O BIMC, to read as follows:
Chapter 18.10A
USE REGULATIONS - SMALL WIRELESS FACILITIES
18.10A.010 Purpose.
18,10A.020 Applicability.
18.10A.030 Definitions.
18.10A.040 Design Zones.
18.10A.050 Design and Concealment standards for small wireless facilities.
18.10A.060 New poles for small wireless facilities and installations in a Design Zone.
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. Minimize potential adverse visual, aesthetic, and safety impacts of small wireless
facilities.
H. Encourage the design of such small wireless facilities to be aesthetically and
architecturally compatible with the surrounding built and natural environments where possible.
Page 5 of 22
I. Encourage the collocation or attachment of small wireless facilities on existing support
structures to help minimize the total number and impact of such structures throughout the
community.
J. 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
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; and
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.
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 requirements of Chapter 19.10 BIMC.
For small wireless facilities inside the right-of-way, the applicant must also comply with the
requirements of Chapters 19.02 and 19.04 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 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 or corporation submitting an application for a small
wireless facility permit.
C. "City property" means any real property owned by City, whether in fee or other
ownership estate of interest.
D. "Collocation" means (1) mounting or installing an antenna facility on a pre-existing
structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna
facility on that structure. Provided that, for purposes of Eligible Facilities Requests,
"collocation" 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
communications purposes.
Page 6 of 22
E. "Director" means the Director of Planning and Community Development or his/her
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.
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 this title, 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. "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;
Page 7 of 22
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. Sec 912 and
related provisions of federal law that are not open for motor vehicle use.
K. "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.
L. "Small wireless" and "small wireless facility" shall have the same meaning as a "small
wireless facility" as set forth in 47 CFR 1.6002.
M. "Structure" means a pole, tower, base station, or other building, whether or not it has an
existing antenna facility, that is used or to be used for the provision of telecommunications
service (whether on its own or comingled with other types of services).
N. "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.
O. "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
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.
P. "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.
Q. "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.
R. "Unified enclosure" means a small wireless facility providing concealment of antennas
and equipment within a single enclosure.
S. "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.
T. "Wireline" means services provided using a physically tangible means of transmission,
including without limitation wire or cable, and the apparatus used for such transmission.
Page 8 of 22
18.10A.040 Design Zones.
A. The following areas, as defined in Chapter 18.06 BIMC, are designated as Design Zones
for the purpose of siting small wireless facilities:
1. Mixed Use Town Center;
2. Neighborhood Service Centers;
3. HS Road zoning districts; and
4. In the right-of-way of State Highway 305 from Harborview Drive SE to High
School Road.
B. Any applicant who desires to place a small wireless facility in a Design Zone must first
establish that the applicant cannot locate the small wireless facility outside of the Design Zone.
Applications for small wireless facilities in a Design Zone may be approved if the applicant
demonstrates that due to technical infeasibility the applicant cannot locate the proposed small
wireless facility on an existing or replacement pole within 500 feet of the proposed site and
outside of the Design Zone.
C. Applications for small wireless facilities within Design Zones are approved or denied by
the Director and must comply with a concealment element design described in BIMC
18.10A.060 below.
18.10A.050 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 light poles or
utility poles in the right-of-way or non -wooden light poles or utility poles outside of the right-of-
way shall conform to the following design criteria:
1. Upon adoption of a City standard small wireless facility pole design(s) within the
Design and Construction Standards, an applicant is encouraged to first consider using or
modifying the standard pole design to accommodate its small wireless facility without
substantially changing the outward visual and aesthetic character of the design. The
applicant, upon a showing that use or modification of the standard pole design is either
technically or physically infeasible, or that the modified pole design will not comply with
the City's ADA, sidewalk clearance requirements and/or would violate electrical or other
safety standards, may deviate from the adopted standard pole design and use the design
standards as adopted in this subsection A.
2. 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 using one of the following
methods:
Page 9 of 22
(a) Concealed completely within the pole or pole base. Antennas and the
associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such
concealment is otherwise technically infeasible, or is incompatible with the pole
design. If within the pole base, the base shall meet the 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 camouflaged to 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 pre-existing associated equipment on the pole, may not 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 requirement if located
within an existing pedestrian access route.
(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.
3. 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.
4. 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.
Page 10 of 22
5. An antenna on top of an existing pole may not extend more than six (6) feet above
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.
6. Any replacement 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. Any replacement pole shall be placed as close to the original pole as possible,
but no more than five (5) feet from the existing pole location.
7. 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.
8. 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 EA below.
9. 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 wooden poles shall
conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller 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.
Page 11 of 22
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing 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 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.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit
shall be colored 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,
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.
Page 12 of 22
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.
11. Equipment for small wireless facilities shall be attached to the wooden pole or
placed in accordance with subsection E.1. For equipment placed on the pole, the
equipment must be placed in the smallest enclosure possible for the intended purpose.
The equipment enclosure and all other wireless equipment associated with the utility
pole, including wireless equipment associated with the antenna and any pre-existing
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 does not cumulatively exceed twenty-eight (28) cubic feet. The applicant
is encouraged 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.
12. 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 pre-
exiting associated equipment on the pole does 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.
13. 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.
14. 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
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.
15. The diameter, of a replacement pole shall comply with the City's setback and
sidewalk clearance requirements and shall not be more than a 25% increase of the
existing utility 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
EA below.
16. All cables and wires shall be routed through conduit along the outside of the 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.
Page 13 of 22
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
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 where 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 subsection E.1.
D. Small wireless facilities mounted on cables strung between existing utility poles shall
conform to the following standards.
1. Each strand mounted facility shall not exceed three (3) cubic feet in volume.
2. Only one strand mounted facility is permitted between any two existing poles.
3. The pole must be able to support the necessary load requirements of the strand
mounted facility.
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4. The strand mounted devices shall be placed as close as possible to the nearest
utility pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance.
5. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic.
6. Ground mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets.
7. Pole mounted equipment shall comply with the requirements of subsections A or
B above, as applicable.
8. Such strand mounted devices must be installed to cause the least visual impact
and without excess exterior cabling or wires (other than the original strand).
9. Strand mounted facilities are only permitted on poles that have existing overhead
wirelines.
E. General requirements.
1. Ground mounted equipment in the rights of way is prohibited, unless such
facilities are placed under ground or the applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground mounted equipment is
necessary, then the applicant shall submit a concealment element plan. Generators
located in the rights of way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter
16.16 BIMC.
3. 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.
4. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, City
ordinance, 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.
5. 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.
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6. 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.
7. 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.
8. The preferred location of a small wireless facility on a pole is the location with
the least visible impact.
9. Antennas, equipment enclosures, and ancillary equipment, conduit and cable,
shall not dominate the structure or pole upon which they are attached.
10. Except for locations in the right-of-way, small wireless facilities are prohibited on
any property containing a residential use in the residential zones.
11. 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.
12. 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
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.060 New poles for small wireless facilities and installations in a Design Zone.
A. New poles for small wireless facilities or for installations of small wireless facilities in a
Design Zone 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.050;
3. The proposed small wireless facility receives approval for a concealment element
design, as described in subsection C below;
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4. The proposed small wireless facility also complies with Shoreline Management
Act, SEPA, and any other relevant law or regulation if applicable; and
5. 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.
B. An application for a new pole or installation in a Design Zone 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 a tower, pole, or equipment structure, 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. The proposed pole or structure should have similar designs
to existing neighboring poles in the rights-of-way, including similar height to the extent
technically feasible. If the proposed small wireless facility is placed on a replacement
pole in a Design Zone, then the replacement pole shall be of the same general design as
the pole it is replacing, unless the Department of Planning and Community Development
otherwise approves a variation due to aesthetic or safety concerns. Any concealment
element design for a small wireless facility should attempt to mimic the design of such
pole and integrate the small wireless facility into the design of the pole. Other
concealment methods include, but are not limited to, integrating the installation with
architectural features or building design components, utilization of coverings or
concealment devices of similar material, color, and texture - or the appearance thereof -
as the surface against which the installation will be seen or on which it will be installed,
landscape design, or other camouflage strategies appropriate for the type of installation.
Applicants are required to utilize designs in which all conduit and wirelines are installed
internally in the structure.
2. If the Director has already approved a concealment element design either for the
applicant or another small wireless facility along the same public right-of-way 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 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.060.A.1, the
Director may determine that a new pole in the right-of-way is in fact a superior alternative based
on the impact to the City, the concealment element design, the City's Comprehensive Plan and
the added benefits to the community.
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E. Prior to the issuance of a permit to construct a new pole or ground mounted equipment in
the right-of-way, the applicant must obtain a site-specific agreement from the City to locate such
new pole or ground mounted equipment. The requirement 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 wireless facility is more than sixty (60) feet.
F. 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 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 street scape.
Section 7. 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 by 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 Time Frame for Review.
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": 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).
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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
subparagraph (i) and (ii) 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 subparagraph La and Lb above.
B. "Collocation": 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": 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:
Collocation of new transmission equipment;
2. Removal of transmission equipment; or
Replacement of transmission equipment.
D. "Eligible support structure": 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": 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": 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;
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;
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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 pre-
existing 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;
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 non-
compliant only in a manner that would not exceed the thresholds identified above.
G. "Tower": 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 fixes wireless
services such as microwave backhaul and the associated site.
H. "Transmission equipment". 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.
Within sixty (60) days of the date on which an applicant submits an Eligible Facilities Request
application, the Director shall approve the application unless it determines that the application is
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not covered by this Chapter 18.11 BIMC.
18.11.050 Tolling of the Time Frame 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.
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 notice 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 a request for an Eligible Facilities Request
within the timeframe for review (accounting for any tolling), the request shall be deemed
granted. The deemed grant 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 8. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a
public hearing at a City Council meeting within 60 days of adoption of this ordinance in order to
take public testimony. Pursuant to RCW 36.70A.390, the City Council may adopt additional
legislative findings in support of this ordinance at the conclusion of said hearing.
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Section 9. Corrections. The City Clerk and codifiers of the ordinance are authorized to
make necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. 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 11. Declaration of Emergency; Effective Date; Duration. This ordinance, as a
public emergency ordinance necessary for the protection of the public health, public safety,
public property, and public peace, shall take effect and be in full force immediately upon
passage. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995),
non -exhaustive underlying facts necessary to support this emergency declaration are included in
the "Whereas" clauses above, all of which are adopted by reference as findings of fact as if fully
set forth herein. This interim official control shall take effect immediately and shall remain
effective for six (6) months, unless terminated earlier by the City Council. Provided, that the
Council may, at its sole discretion, renew the interim official control for one or more six month
periods in accordance with state law.
PASSED by the City Council this 14th day of May, 2019.
APPROVED by the Mayor this 14th day of May, 2019.
ATTEST/AUTHENTICATE:
Christine Brown, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
By:
i
Kol Medina, Mayor
May 10, 2019
May 14, 2019
May 17, 2019
May 14, 2019
2019-15
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