The City of Clayton is located at the northern base of Mt. Diablo and is surrounded by rolling hills and wooded streams. Policies of the general plan and other actions have consistently underscored the importance of preserving the scenic attributes of the area. Innovations in communication technology and the desire of residents to use communication devices, in some cases, requires the erection of antennas or dishes which are considered unsightly by others. The City must balance the objectives of the community with the needs of the individuals by establishing regulations for antennas.

(Ord. 229, 1986)

Definitions to this chapter govern the construction of this chapter unless the context otherwise requires.

(Ord. 229, 1986)

The term "antenna", as used herein, means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves which system is external to or attached to the exterior of any building. The term antennas shall include "dish" antennas and devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall be divided into the following categories for purposed of description and regulation:

A.

Transmitter/Receiver Antenna

B.

Satellite Dish Antenna

C.

Radio/Television Broadcast Antenna

(Ord. 299, 1986)

This type of antenna is used by an amateur radio station or citizen band station which can transmit as well as receive radio waves in bands of frequencies permitted by the F.C.C. Antennas are placed on towers and set to heights that are consistent with frequencies used by the operator. In order to operate an amateur radio, the operator must be licensed by the F.C.C. and operate in accordance with their regulations. This category includes both amateur radio station antennas and citizen band (CB) station antennas.

(Ord. 229, 1986)

This type of antenna is also known as an earth station or ground station. The component parts of this system include a signal receiving dish, a low noise amplifier (LNA) and a coaxial cable used to carry the signal from the antenna to the television or radio. The dishes can be solid or open mesh and can be painted any color.

(Ord. 229, 1986)

This includes both free standing and roof mounted antennas of varying heights used to improve direct (non-satellite) television or radio reception.

(Ord. 229, 1986)

All antennas in every City zone shall be subject to review and approval of the City of Clayton with the following exceptions:

A.

Roof mounted Transmitter/Receiver Antenna and Radio/Television Broadcast Antenna in residential zones where the horizontal extent of antennas does not exceed ten (10) feet and the final height of the antennas when mounted does not exceed the thirty-five (35) feet height limit, where such antennas are not prohibited by either covenants, conditions and restrictions (CC&Rs) or subdivision conditions.

B.

Ground mounted satellite dish antennas installed at less than seventy-two (72) inches in height, painted black, olive green or similar neutral color, placed where they cannot be seen from the public right-of-way or adjacent parcel.

C.

Single strand wire antenna supported from a natural object of any height or a man-made structure not in excess of thirty-five (35) feet in height.

(Ord. 229, 1986)

A.

Site plan review and approval by the Planning Commission of the City of Clayton shall be required for the following types of antenna installations:

1.

Ground mounted Transmitter/Receiver Antenna towers up to forty (40) feet in height.

2.

Ground mounted satellite dish antennas up to and including ten (10) feet in diameter and twelve (12) feet in height.

3.

Roof mounted Satellite Dish Antennas that are not visible from a public right-of-way.

4.

Roof mounted Satellite Dish Antennas located in commercial areas and screened from public view.

5.

Ground mounted Radio/Television Broadcast Antenna towers up to forty (40) feet in height.

B.

Site Plan approval shall be granted by the Planning Commission of the City of Clayton upon adoption of the following findings:

1.

That the applicant has demonstrated that he/she has made every effort by selection of design and equipment and by the location of the antennas to limit the impact on the neighborhood.

2.

That the antenna will be constructed to the rear of the residence or main structure, unless it can be demonstrated that it is less obtrusive elsewhere.

3.

That the antenna must be linked physically or electrically to a receiver located on the same parcel of land on which the antenna is located.

4.

That all structural supports for the antenna will meet or exceed manufacturer's specifications.

5.

That no more than one antenna tower be placed per lot unless additional towers are screened from public rights-of-way and adjacent parcels.

6.

That the placement of the tower meets setback requirements within its respective zone but in no instances closer than ten (10) feet from property lines.

(Ord. 229, 1986; Ord. 375, 2004)

A.

Conditional use permit review and approval shall be required for the following types of antenna installation.

1.

Ground mounted antenna towers greater than forty (40) feet in height.

2.

Ground mounted satellite dish antenna in excess of ten (10) feet in height.

3.

Roof mounted satellite dish antenna that are visible from a public right-of-way.

B.

The use permit shall be granted by the Planning Commission upon adoption of the following findings:

1.

That the applicant has demonstrated that he has made every effort by selection of design and equipment and by location of the antenna to limit the impact on the neighborhood.

2.

That the antenna will not be constructed to the rear of the residence or main structure unless it can be demonstrated that it is less obtrusive elsewhere.

3.

That the antenna must be linked physically or electronically to a receiver located on the same parcel of land on which the antenna is located.

4.

That all structural supports for the antenna meet or exceed manufacturer's specifications.

5.

That no more than one antenna tower be placed per lot unless additional towers are screened from public right-of-way and adjacent parcels.

6.

That the tower meets setback requirements within the designated zone and a minimum of ten (10) feet from property lines.

(Ord. 229, 1986; Ord. 375, 2004)

Except as hereinafter provided, non-conforming antennas lawfully existing on date of ordinance enactment shall be removed or made to follow the application procedures of this ordinance upon transfer of ownership of property.

(Ord. 229, 1986)

If the permittee is dissatisfied with the decision he may appeal as provided in Sections 17.68.020 and 17.68.030 of this title. Hearing on the appeal shall be scheduled before the City Council and the notice given the same as provided for in Sections 17.68.020 and 17.68.030 of this title, with the decision of the City Council being final.

(Ord. 229, 1986)