This chapter regulates the installation of satellite antennas in all zoning districts within the city.

(Ord. 99-5 § 2 Exh. A (part))

A.

The City Council finds that the installation of satellite antennas can, unless controlled, affect aesthetic values and safety. Therefore, the installation of these antennas and equipment is regulated to result in design and locations which are safe and which are least visible from public rights-of-way in the vicinity and do not burden adjacent property owners with adverse visual impacts.

B.

The specific intent in adopting the ordinance codified in this chapter to balance the rights of the individual guaranteed by the First Amendment to the U.S. Constitution with the interests of the community as a whole in preserving the unique aesthetic quality of Orinda and ensuring public safety.

(Ord. 99-5 § 2 Exh. A (part))

In this chapter, unless the context otherwise requires:

"Satellite antenna" means a device designated to receive microwave communication signals transmitted from orbiting satellites.

(Ord. 99-5 § 2 Exh. A (part))

A.

Building Permit Required. A building permit, approved by the Zoning Administrator, is required before a satellite antenna may be installed.

B.

Development Plan Approval. The design and location of a satellite antenna are subject to approval by the city to ensure compliance with the standards in this chapter. The development plan may be approved by the Planning Director, except that a plan for a satellite antenna in an office or commercial district requires approval by the Planning Commission.

C.

Application. The Planning Director shall establish application procedures and may require plans for planting, fencing and design, and supplemental information as may be necessary to properly review an application.

D.

Fees. The application fee shall be in an amount established by resolution of the City Council.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A satellite antenna is permitted in any zoning district, subject to compliance with the following standards:

A.

Minimum Setbacks and Location. A satellite antenna shall be set back:

1.

At least the minimum setback required in the zoning district for primary structures; or

2.

At least twenty (20) feet from any street property line and ten feet from any interior property line, whichever of subsection (A)(1) or (A)(2) of this section is greater.

3.

Installation between a bordering public street and on-site principal structures is prohibited. The antenna location may be further restricted to minimize visibility from adjacent public streets, public areas of the site, and adjacent properties, as determined by the city.

B.

Maximum Height. An antenna may not exceed twelve (12) feet in height as measured from ground level to the highest point of the antenna or any appurtenance attached to it.

C.

Roof Top Installation Prohibited. A satellite antenna may not be installed on a roof.

D.

Maximum Size. The antenna may not exceed twelve (12) feet in any dimension.

E.

Wires Restricted. Outdoor wires necessary for the operation of the antenna shall be placed underground or attached flush against a building surface. Guy wire installations are prohibited.

F.

Colors. Antennas and appurtenant structural surfaces shall have subdued colors which blend with the surroundings.

G.

Screening. Landscaping or solid screening shall be installed to visually screen the antenna from adjacent public streets, public areas of the site, and adjacent properties. All screening shall be permanently maintained so as to serve the intent of this title.

(Ord. 99-5 § 2 Exh. A (part))

A variance to modify the provisions in Section 17.23.5 may be granted in accordance with Chapter 17.33.

(Ord. 99-5 § 2 Exh. A (part))

A satellite antenna existing as of the effective date of this chapter, for which a building permit was issued or for which a building permit was not required, is considered a legally installed antenna.

(Ord. 99-5 § 2 Exh. A (part))

This chapter supplements and is in addition to other regulatory codes, statutes and ordinances.

(Ord. 99-5 § 2 Exh. A (part))