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.
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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.
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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
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