Chapter 18.10A
USE REGULATIONS – SMALL WIRELESS FACILITIES
Sections:
18.10A.040 Design and concealment standards for small wireless facilities.
18.10A.050 New poles for small wireless facilities.
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. Encourage the design of such small wireless facilities to be aesthetically and architecturally compatible with the surrounding built and natural environments where possible.
H. Encourage the co-location or attachment of small wireless facilities on existing support structures to help minimize the total number and impact of such structures throughout the community.
I. 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 a 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;
2. All noncity 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; and
3. Potential adverse visual, aesthetic, and safety impacts of small wireless facilities be minimized. (Ord. 2022-09 § 8, 2022)
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 small wireless facility permit requirements of BIMC Title 19. For small wireless facilities inside the right-of-way, the applicant must also obtain a master permit as may be required under BIMC Title 19. (Ord. 2022-09 § 8, 2022)
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 radio frequency (“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 the 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 submitting an application for a small wireless facility permit.
C. “City property” means any real property owned by the city, whether in fee or other ownership estate of interest.
D. “Co-location” means (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
E. “Director” means the director of planning and community development or their 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 BIMC Title 19, 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. “Pole” means any human-made assemblage of materials extending above or below the surface of the earth and affixed or attached thereto that is capable of supporting a small wireless facility.
K. “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;
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. Section 912 and related provisions of federal law that are not open for motor vehicle use.
L. “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.
M. “Small wireless facility” and “small wireless facilities” shall have the same meaning as “small wireless facility” as set forth in 47 CFR 16002, as may be amended. As of the effective date of Ordinance No. 2022-09, 47 CFR 16002 defines “small wireless facility” to mean facilities that meet each of the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.1320(d); or
b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under 47 CFR Part 17;
5. The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
N. “Structure” means a pole, tower, base station, or building, whether or not it has an existing antenna facility, that is used, proposed to be used, or could be used for the provision of telecommunications service (whether on its own or commingled with other types of services).
O. “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.
P. “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.
Q. “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.
R. “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.
S. “Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
T. “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.
U. “Wireline” means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. (Ord. 2022-09 § 8, 2022)
18.10A.040 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 nonwooden poles, including nonwooden light poles or utility poles, shall conform to the following design criteria:
1. 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 consistent with subsection E.1 of this section.
2. The furthest point of any equipment enclosure may not extend more than 28 inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
3. All conduit, cables, wires, and fiber must be routed internally in the nonwooden 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.
4. An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 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.
5. Any replacement nonwooden 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, unless the department of planning and community development otherwise approves a variation due to aesthetic or safety concerns. Any replacement nonwooden pole located in the right-of-way shall be placed as close to the original pole as possible, but no more than five feet from the existing pole location.
6. The height of any replacement pole may not extend more than six 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.
7. 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 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 E.6 of this section.
8. 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 existing or replacement wooden poles, including wooden light poles or utility poles, shall conform to the following design criteria:
1. The wooden pole at the proposed location may be replaced with a wooden 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 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.
2. A pole extender may be used instead of replacing an existing wooden pole but may not increase the height of the existing wooden pole by more than 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, unless the department of planning and community development otherwise approves a variation due to aesthetic or safety concerns.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be colored, tinted, 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 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 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 of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, 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 sidemounted canister antenna, so long as the inside edge of the antenna is no more than 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 28 inches from the face of the pole. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
9. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four 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.
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 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 located consistent with subsection E.1 of this section. If equipment is allowed to be placed on the wooden pole, the equipment must be placed in the smallest enclosure possible for the intended purpose. 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.
12. 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 wooden 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.
13. The diameter of a replacement wooden pole shall comply with the city’s setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing wooden 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 E.6 of this section.
14. All cables and wires shall be routed through conduit along the outside of the wooden 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.
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 on which 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 of this section.
D. Small wireless facilities mounted on cables strung between existing poles (i.e., a strand-mounted small wireless facility), including light poles or utility poles, shall conform to the following standards:
1. Each strand-mounted small wireless facility shall not exceed four cubic feet in volume.
2. Only one strand-mounted small wireless facility is permitted between any two existing poles.
3. The pole must be able to support the necessary load requirements of the strand-mounted small wireless facility.
4. A strand-mounted small wireless facility shall be placed as close as possible to the nearest pole supporting the cable on which the small wireless facility is mounted, and in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance.
5. No strand-mounted small wireless facility shall be located in or above the portion of the roadway open to vehicular traffic.
6. Ground-mounted equipment needed to accommodate a strand-mounted small wireless facility is not permitted except when placed in preexisting equipment cabinets.
7. Pole-mounted equipment shall comply with the requirements of subsection A or B of this section, as applicable.
8. Strand-mounted small wireless facilities must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).
9. Strand-mounted small wireless facilities are only permitted on existing overhead wirelines supported by existing poles.
E. General Requirements for All Installation Types.
1. All equipment, except antennas and conduit, associated with installations in the R-0.4 zoning district shall be ground mounted, placed underground, completely concealed within the pole, or placed on private property consistent with the regulations identified in subsections E.1.a, c, d, and e of this section unless the applicant can demonstrate that each of those possible locations is technically infeasible, in which case the equipment may be placed in accordance with subsection E.1.b of this section. All equipment associated with installations in the Mixed Use Town Center, High School Road I and II, and Neighborhood Center zoning districts shall be located on the pole, completely concealed within the pole, or placed on private property consistent with the regulations identified in subsections E.1.a, b, and d of this section unless the applicant can demonstrate that each of those allowed locations is technically infeasible, in which case the equipment may be placed in accordance with subsection E.1.c or e of this section. All equipment associated with installations in any other zone not identified above may be installed consistent with one of the methods identified in subsections E.1.a through e of this section.
a. Concealed completely within the pole or pole base. If antennas and associated equipment enclosures (including disconnect switches and other appurtenant devices) are located within the pole or pole base, they shall be fully concealed within the pole. Further, if located within the pole base, the base shall meet 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 colored, tinted, or painted to match the approximate color of the surface of the pole and appear as an integral part of the pole or flush mounted to the pole, meaning for antennas no more than 12 inches off of the pole and for associated equipment no more than six inches off the pole, and must be the minimum size necessary for the intended purpose, but in no event shall any antenna exceed three 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 preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and which do not cumulatively exceed 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 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 requirements if located within an existing pedestrian access route. Antennas are not subject to this paragraph due to technological limitations of such placement.
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. Such a letter shall clearly evidence that the private property owner consents to use of the property for the purpose stated herein. Any such installation on private property must conform to all applicable regulations, including but not limited to zoning regulations, that apply to that property.
e. On the ground in the right-of-way. If the equipment is located on the ground in the right-of-way, the equipment enclosure on the ground and all other wireless equipment associated with the pole (including but not limited to conduit), including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. The equipment located on the ground shall be placed within one enclosure not to exceed four feet in height. Such enclosure must be colored and designed in a manner that minimizes the visual impact of the enclosure. The location of the equipment on the ground must comply with all applicable setback and access requirements including ADA requirements. Prior to the issuance of any permit related to a small wireless facility which includes ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such ground-mounted equipment.
2. Even if one of the designated equipment locations is technically feasible under subsection E.1 of this section, the director may determine that equipment located in a nonpreferred location is in fact a superior alternative if the nonpreferred location:
a. Provides equal or greater protection to public vantage points, view corridors, and scenic vistas to support Bainbridge Island’s sense of place, identity, and orientation; and
b. Satisfies one or more of the following criteria:
i. Has a greater natural resource conservation value;
ii. Results in less adverse impact to adjoining properties; or
iii. Results in a more practical design because of topography, critical area, or other extenuating circumstances.
3. 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 preexisting associated equipment on the pole, do not exceed 28 cubic feet. The unified enclosure may not be placed more than 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 or the equipment itself. Requirements related to the location of equipment as outlined in subsection E.1 of this section do not apply if the antennas and equipment are located within one unified enclosure.
4. No equipment shall be operated so as to produce noise in violation of Chapter 16.16 BIMC.
5. 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 U.S.C. Sections 253 and 332.
6. Replacement poles and new poles shall comply with the Americans with Disabilities Act (“ADA”), city construction and sidewalk clearance standards, city ordinances, 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.
7. 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 four by six inches); provided, that signs are permitted as concealment element techniques where appropriate.
8. 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.
9. Side arm mounts for antennas or equipment must be the minimum extension necessary and may not create a gap of more than 12 inches for wooden poles and no more than six inches for nonwooden poles between the pole and the antennas or equipment.
10. The preferred location of a small wireless facility on a pole is the location with the least visible impact. When siting a small wireless facility on a pole or structure in the right-of-way adjacent to a residential use, the applicant must first attempt to locate the small wireless facility on a pole or structure located on or near one of the boundary lines of the property containing the residential use. If a location not on or near the boundary line better mitigates the aesthetic impact of the new pole, the planning director may approve such alternative location. To the extent siting a small wireless facility on a pole or structure on or near the boundary line is technologically infeasible, the applicant shall attempt to site the small wireless facility on the pole or structure with the least aesthetic impact to the property, such as at a location where the small wireless facility would be concealed from view by trees, vegetation, or other structures.
11. All installations of new poles for small wireless facilities in the R-0.4 zone shall require a visual impact analysis at the time of small wireless application submittal and any impacts determined to be more than a moderate visual impact shall be mitigated. Such mitigation shall be required as part of the small wireless facility permit approval.
a. Visual Impact Analysis.
i. Compatibility and visual impact shall be determined through a visual impact analysis. The analysis must use maps, photographs, photo simulation, and other appropriate methods to show the existing topographical contours of the area and areas within a one-mile radius where any portion of the proposed facility can be seen. Line of sight includes from the ground to the rooftop of adjacent buildings.
ii. When more than a moderate visual impact is likely, the visual impact analysis shall include a visual demonstration, such as the erection of a crane, a balloon in a color similar to that of the proposed structure and of a size not less than four feet and not to exceed six feet, or similar device, used to simulate the proposed dimensions and height of the structure. Ten working days prior to the demonstration, the applicant shall notify:
(A) The public works department.
(B) All properties within 800 feet of the parcel where the demonstration will occur. The public works department shall provide the list of properties within 800 feet.
b. More Than Moderate Visual Impact. A facility shall not be considered aesthetically compatible with the surrounding land uses if, within a one-mile radius, it results in more than a moderate visual impact. A “more than moderate” visual impact occurs when one or more of the following exist(s):
i. The facility becomes a predominant feature in the viewscape.
ii. The facility disrupts a largely intact and unobstructed view of visually sensitive areas, which are those locations that provide views of one or more of the following: Puget Sound, lakes, large wetland complexes, major streams, valleys and ravines, large tracts of forested land, Mount Rainier, the Cascade mountain range, or the Olympic mountain range. These views are particularly sensitive from certain places of the city, including residential areas, commercial areas, major transportation corridors and arterials in less densely populated areas.
iii. The facility is not designed and painted to blend in with the surrounding environment.
iv. The facility is sited above visually predominant ridgelines.
v. The facility extends 40 feet or more above the tree line determined by an analysis of site potential tree height at 50 years (SPTH (50)), based on soil types.
12. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable shall not dominate the structure or pole upon which they are attached.
13. For one or more residential uses located more than 400 feet from the right-of-way, a small wireless facility may be located within an access easement over residential property; provided, that the following conditions are met:
a. The owner of the residential property upon which the small wireless facility will be located has granted permission in writing to locate the small wireless facility in the desired location and has provided proof of authority to grant such permission;
b. The terms of the access easement allow the installation of the small wireless facility in the proposed location;
c. The installation of the small wireless facility in the proposed location does not create any access or safety issues;
d. Any new pole complies with the requirements of BIMC 18.10A.050;
e. Any new structure complies with all applicable requirements of this code;
f. Any covenants or easements recorded on the property allow the deployment of the small wireless facility on the property; and
g. The proposed small wireless facility complies with all applicable land use regulations, including but not limited to: Chapters 16.12 and 16.20 BIMC, this chapter, and Chapter 19.10 BIMC.
14. 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.
15. 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. (Ord. 2022-09 § 8, 2022)
18.10A.050 New poles for small wireless facilities.
A. New poles for small wireless facilities 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 nonpark property, a building, a transmission tower, or in or on a nonresidential 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.040;
3. All new poles in the right-of-way shall be the standard pole design adopted in the city’s design and construction standards. The public works department may adopt standard pole designs for different use cases or different areas within the city in order to most fully protect the aesthetics and safety of the community. All standard designs shall accommodate and not limit the telecommunications technology used. The public works director or designee may approve a deviation from the standard pole design if the director finds that the proposed pole design is at least as protective of the aesthetic and visual character of the location as the city’s adopted standard pole design.
a. If a deviation is approved, all elements of the small wireless facility must be integrated into the design of the pole.
b. Technical feasibility and safety shall be considered by the public works director if any deviation from the city adopted standard pole design is requested.
c. If no standard pole design is adopted, the design of the new pole must mimic the design of adjacent neighboring poles or the pole which is being replaced, including similar height to the extent technically feasible. All elements of the small wireless facility must be integrated into the design of the pole.
d. Upon construction of a new pole complying with the standard pole design, the applicant may convey ownership of the pole to the city and the public works director may accept ownership of the pole on behalf of the city if the pole serves a municipal purpose, including, but not limited to, street lighting or a benefit to a utility operated by a public agency;
4. The proposed small wireless facility receives approval for a concealment element design, as described in subsection C of this section;
5. The proposed small wireless facility also complies with the Shoreline Management Act, SEPA, and any other relevant law or regulation if applicable; and
6. 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.
7. Any visual impact determined to be more than a moderate visual impact through a visual impact analysis required by BIMC 18.10A.040.E.11 has been mitigated as required by the director.
B. An application for a new pole 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 the pole 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.
a. New poles located within the right-of-way must conform to the requirements of subsection A.3 of this section. Because all new poles are either the city-adopted standard pole design or approved poles with all elements of the small wireless facility integrated into the design of the pole, no additional equipment is allowed on or in the ground.
b. When siting a new pole on property located in a residential zone, the applicant must first attempt to locate the new pole on or near one of the boundary lines of that property. If a location not on or near the boundary line better mitigates the aesthetic impact of the new pole, the planning director may approve such alternative location. To the extent siting a small wireless facility on a new pole located on or near the boundary line is technologically infeasible, the applicant shall attempt to site the new pole at a location with the least aesthetic impact to the property, such as at a location where the new pole would be concealed from view by trees, vegetation, or other structures.
c. New poles outside of the right-of-way should attempt to mimic the design of existing similarly situated neighboring poles or the pole which is being replaced, including being of a similar height to the extent technically feasible. All equipment and antennas attached to such poles must conform with the standards contained in BIMC 18.10A.040.A or B, as applicable, and BIMC 18.10A.040.E.
2. If the director has already approved a concealment element design either for the applicant or another small wireless facility in the same area 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 subsection A.1 of this section, the director may determine that a new pole in the right-of-way is in fact a superior alternative if the new pole:
1. Satisfies the other requirements of subsection A of this section;
2. Provides equal or greater protection to public vantage points, view corridors, and scenic vistas to support Bainbridge Island’s sense of place, identity, and orientation; and
3. Satisfies one or more of the following criteria:
a. Has a greater natural resource conservation value;
b. Has less adverse impact to adjoining properties; or
c. Results in a more practical design because of topography, critical area, or other extenuating circumstances.
E. Prior to the issuance of a permit to construct a new pole in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole. The requirement to obtain a site-specific agreement 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 small wireless facility is more than 60 feet.
F. These design standards are intended to be used solely for the purposes identified in BIMC 18.10A.010. 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 streetscape. (Ord. 2022-09 § 8, 2022)