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ORD 2003-11 WIRELESS COMMUNICATIONS TOWERS ORDINANCE 2003- 11 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, RELATING TO PERMITTING OF WIRELESS COMMUNICATIONS TOWERS AND AMENDING TITLE 18 OF THE BAINBRIDGE ISLAND MUNICIPAL CODE. WHEREAS, the City recognizes the need for an adequate infrastructure for wireless communications; and WItEREAS, the City recognizes that the permitting process for wireless communications facilities should be clarified; and WHEREAS, the City recognizes that it is in the best interest of the citizens to allow an exemption from the tower height requirements for towers used exclusively for public safety emergency response and 9-1-1 service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND do ordain as follows: Section 1: Section 18.06 (Definitions) is amended as follows: The following new definition shall be added: 18.06.858 Public Safety Communications Tower '_'Public safety communications tower" means a wireless communications support structure owned and operated by a public agency and used exclusively for police, fire, emergency medical services, 9-1-1 or other public emergency communications. Section 2: Section 18.36.070(B) (R-0.4 Zone Height Limitations) is amended as follows: B. Structure height is 30 feet, except that taller structures may be allowed with the issuance of a conditional use permit; provided that (1) view opportunities are not substantially reduced; (2) structures shall not be permitted in required yards except as otherwise authorized by this code; (3) each yard requirement shall be increased one-half foot for every foot above the maximum structure height; (4) noncommercial, nonparabolic antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not require conditional use permits; (5) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall not require conditional use permits; and (7) utility structures existing on the effective date of the ordinance codified in this subsection that are taller than 50 feet shall not be considered nonconforming structures and may be replaced without a conditional use permit; 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. C. Wireless communications towers over 30 feet in height shall require site plan and design review pursuant to BIMC 18.105.020(A)4. Section 3: Section 18.72.050(G) (Light Manufacturing Zone Height Limitations) is amended as follows: G. Maximum Structure Height. Structure height is 35 feet, except that taller structures may be allowed with the issuance of a conditional use perrmt; provided, that (1) view opportunities are not substantially reduced; (2) structures shall not be permitted in required yards except as otherwise authorized by this code; (3) each yard requirement shall be increased one-half foot for every foot above the maximum structure height; (4) noncommercial, nonparabolie antennae affixed to noncommercial communication towers that are 50 feet or less in height above grade shall not require conditional use permits; (5) one flagpole 45 feet or less in height may be placed on a parcel without requiring a conditional use permit; (6) utility poles 50 feet or less in height shall not require conditional use permits; and (7) utility structures existing on the effective date of the ordinance codified in this subsection that are taller than 50 feet shall not be considered nonconforming structures and may be replaced without a conditional use permit; provided, that the replacement structure is not larger or taller than the original structure and is not moved more than 20 feet from its original location. H. Wireless communications towers over 35 feet in height shall require site plan and design review pursuant to BIMC 18.105.020(A)4. Section 4: Section 18.88.040 Development standards for monopoles and lattice tower support structures is amended as follows: A. Monopoles and lattice towers are permitted in light manufacturing zones and in the R-0.4 zone through the site plan and design review process, pursuant to BIMC 18.105.020(A)4. B. Monopoles and lattice towers located in the R-0.4 zone must be set back from each lot line one foot for every foot of height of the monopole or lattice tower. A monopole or lattice tower must be set back a minimum of 100 feet from SR 305. The planning director may grant a waiver of up to 25 percent of the setback requirement for monopoles and lattice towers if it is determined that significant trees and other vegetation will be retained by reducing the setback. The planning director may waive the setback requirement for public safety communications towers. C. The maximum height ora monopole or lattice tower is 60 feet for one carrier or 120 feet if two or more carriers are located on the monopole or lattice tower. A permitted co-location monopole or lattice tower that does not have two or more carriers located on it for a period of one year or more shall be modified to conform to the single carrier height of 60 feet. D. Public safety communications tower height shall be less than 200 feet. Where public safety communications towers exceed 120 feet in height, applications for site plan review or building penff~ts shall include documentation that the proposed height is the minimum necessary to provide adequate facility for public safety communications. The application shall also include an acceptable plan for reducing the height of the tower in the future if technological advances make deployment at a lower level feasible. E. The lot on which the monopole or lattice tower is to be constructed must be legally conforming. F. The facility must be screened in aecurdanee with BIMC 18.88.050. G. Monopoles and lattice towers located in the light manufacturing zone must be set back a minimum of 100 feet from any residentially zoned property. The minimum setback along SR 305 is 100 feet. H. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of a monopole or lattice tower. I. Co-location on an existing support structure is to be permitted. A Facility III is the largest wireless communication facility allowed on a monopole or lattice tower. 2 J. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole or lattice tower must be concealed and/or camouflaged through landscaping, fencing, or other screening using compatible building materials and colors. K. A building permit shall be required to construct a monopole or lattice tower. (Ord. 97-14 § 1, 1997) Section 5:18.88.050 Additional criteria for monopoles and lattice towers is amended to read as follows: In addition to the criteria specified in BIMC 18.88.040, the following specific criteria must be met before a building permit can be granted: A. Visual Impact. Antennas may not extend more than 15 feet above their supporting structure, monopole, lattice tower, building or other structure. Site location end development shall preserve the pre-existing character of the site as much as possible. Wireless communication towers and accessory equipment (equipment shelters end cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegetation around the facility shall be preserved or improved upon to provide vegetative screening. A minimum of two-thirds of the height of the monopole or lattice tower must be screened by existing vegetation when possible. Additional screening may be required by the planning director to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site specific conditions. Screening requirements shall include a slatted chain-link fence, with full screen landscaping, as required in BI/vIC 18.85.070(B), around the outer perimeter of the fence, except as necessary for egress. B. Noise. No equipment shall be operated above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located. (Ord. 97-14 § 1, 1997) Section 6:18.88.060 Exemption is amended to read as follows: The following is exempt from the requirements of a site plan review process and shall be considered a permitted use in all zones where wireless end attached wireless communications facilities are permitted. Building pernfits shall be required for these uses: A. Minor modifications to existing wireless communications facilities end attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of entennas to wireless and attached wireless communications facilities, that meet the provisions of this chapter. (Ord. 97-14 § 1, 1997) B. Additions to the height of public safety communication towers. Section 7: Section 18.105.020 is amended as follows: A. Site plen and design review shall be required prior to the issuance of final construction pernfits in any of the following circumstances: 1. The new construction of a building or other structure, excluding permits authorizing residential construction for detached single-family residential use, and accessory dwelling units. 3 2. The expansion, remodel, or exterior alteration of any building or other structure by more than five percent of its existing floor area, or overall size in cases where floor area is not applicable; or expansion which creates a new dwelling unit; excluding permits for expansion or alterations of buildings or other structures that are used for single-family residential purpose. 3. A change of use, where traffic, noise and other impacts are greater than the impacts for the previous existing use. 4. The construction of wireless communications support structures. B. For properties zoned light manufacturing or business park subsequent to the adoption of the ordinance codified in this chapter, the development standards oI'BIMC 18.105.050 shall apply in addition to any other applicable standards of this chapter. C. Exemptions. 1. Any activity which does not require a building permit and is not considered a change in use. 2. Any activity on the exterior of a building which does not exceed five percent of the structure's total cost or fair market value, whichever is higher, as determined by the building official. 3. Interior work which does not alter the exterior of the structure or effect parking standards by increasing floor area. 4. Normal building maintenance including the repair or maintenance of structural members. PASSED by the City Council this 27th day of August, 2003. APPROVED by the Mayor this 28th day o~3.~, ^ ENE KO 'ONO , May g~JSAN P. KASPER, City ClErk APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: May 21, 2003 PASSED BY THE CITY COLrNCIL: August 27, 2003 DATE OF PUBLICATION: September 3, 2003 EFFECTIVE DATE: September 8, 2003 ORDINANCE NO. 2003-11 4