Moraga Municipal Code Art. 2 Satellite Dish and Miscellaneous Antennas

The purpose of this article is to regulate the installation of radio towers, antennas or related equipment for commercial broadcast or amateur use; television, citizens band and other miscellaneous telemetric and control communications systems and related equipment in all zoning districts within the town. Such installations, unless controlled, may adversely affect the aesthetics of the town's open space, residential and commercial areas and may adversely affect the health and safety of the town's residents. Therefore, the installation of these wireless communications facilities is regulated to protect views from public right-of-ways and other properties, while not preventing installation of such systems in a manner which would compromise suitable performance.

(Ord. 176 § 1 (part), 1999: prior code § 8-6020)

As used in this article:

"Antenna" is any system of poles, panels, rods, reflecting discs, wires or similar devices used for the transmission or reception of radio frequency signals of any mode.

"Tower" is an open frame, grid constructed structure and supporting antennas or other equipment that transmits or receives electromagnetic signals that are part of an AM, FM or television signal or which supports antennas necessary for a cable system.

"Hilltop" is any prominent high point of land exposed to view from the surrounding low-lying areas.

"Monopole" is a single, free-standing pole, post or similar structure over fifteen (15) feet in height used to support equipment associated with a wireless communication facility.

"Moraga open space ordinance (MOSO)" is a voter-approved ballot initiative which regulates development on lands within the town designated as open space-MOSO.

"Ridgeline" means a crest or peak as defined in Chapter 8.128.

"Satellite dish antenna" is any device incorporating an electromagnetic reflective surface that is solid, open mesh, shallow dish, cone or bowl shaped and is used to transmit or receive electromagnetic signals transmitted directly from a satellite.

"Silhouette" means a representation of the outline or profile of the antenna, as seen from an elevation perspective.

(Ord. 176 § 1 (part), 1999: prior code § 8-6021)

In addition to the general development standards of Article 1 of this chapter, satellite dish and miscellaneous antennas proposed to be located within the town's open space and ridgeline areas as defined by Chapter 8.128 and the general plan shall comply with the following development standards set forth in this district.

A. No satellite dish or miscellaneous antennas shall be located within five hundred (500) feet of a major ridgeline as defined in the Moraga open space ordinance (MOSO).

B. No satellite dish or miscellaneous antennas shall be located on the crest of a minor ridge with an elevation of eight hundred (800) feet or greater as defined in the Moraga open space ordinance (MOSO), nor shall the silhouette of an antenna be visible above the ridge as viewed from a lower elevation perspective generally available to the public.

C. No satellite dish or miscellaneous antennas shall be located on areas where the slope has a grade of twenty (20) percent or greater in MOSO open space.

D. All standards set forth in Section 8.144.130.

The facilities shall comply with the above development standards unless the applicant establishes and it is determined by the planning commission that there is no other optimal location for the operator to provide adequate coverage, and it is determined that compliance with these standards would violate federal law. The burden shall be on the applicant to prove to the satisfaction of the planning commission that there is no optimal locations where adequate coverage could be provided.

(Ord. 176 § 1 (part), 1999: prior code § 8-6022)

A. Along with the general development standards set forth in Article 1 of this chapter, the following standards shall apply in all zoning districts for satellite dish antennas greater than one meter in any dimension.

1. Approval. Installation of a satellite dish antenna shall require approval of a permit by the zoning administrator.

2. Number. No more than one satellite dish antenna shall be permitted per parcel unless approved by the zoning administrator.

3. Height. A satellite dish antenna shall be no higher than twelve (12) feet above the ground at any point.

4. Signage. No signage of any kind shall be posted or display on any satellite dish antenna.

5. Color. All satellite dish antennas that are not screened shall be painted with as unobtrusive a color as possible given the location.

6. Location. Satellite dish antennas in excess of one meter in any dimension shall not be located on the roof of a structure and shall otherwise meet the building setbacks of the property. Dishes shall be located in rear yards and be substantially screened from view off-site. Satellite dish antennas shall not be located in the front yard area.

B. Antennas expressly designed for private residential reception of satellite television signals, which have an overall size of less than one meter in any dimension are exempt.

(Ord. 176 § 1 (part), 1999: prior code § 8-6023)

The following installations in all zoning districts (except MOSO districts) are exempt from this article, provided they are located on or behind a structure and meet the following standards:

A. A ground or building mounted receive-only radio or television antenna including any mast, if the height (post and antenna) does not exceed thirty-five (35) feet above ground level;

B. A ground or building mounted citizen band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the amateur radio service including any, supporting structure, if the total height (structure and antenna) does not exceed thirty-five feet above ground level unless a conditional use permit is approved by the planning commission, subject to findings stated in Section 8.12.120.

(Ord. 176 § 1 (part), 1999: prior code § 8-6024)

A. Approval of any tower including commercial broadcast tower for radio or television shall require approval of a conditional use permit.

B. Towers shall be of a minimum functional height or shall not exceed the building height limit for the zoning district, whichever is less.

C. Broadcast towers shall not be located closer than three hundred (300) feet from a residential structure and one hundred (100) feet from a residential property line.

D. All other towers are subject to the provisions of Section 8.144.030.

(Ord. 176 § 1 (part), 1999: prior code § 8-6025)