17.76.040 EXEMPTIONS.
   The following wireless communication facilities are exempt from the requirements of this chapter as specified below, except that wireless communication facilities are subject to compliance with other requirements of this title.
   A.   A wireless communication facility shall be exempt from the requirements of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provide that the antenna is exempt from local regulation. Such facilities include, but are not limited to, television antennas on residential buildings.
   B.   Satellite earth station (SES) antennas, which are two (2) meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any non-residential zoning district. To avoid the creation of a nuisance and to reduce accidental tripping hazards and maximize stability of the SES antenna, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.
   C.   Parabolic antennas, direct broadcast satellite (DBS) antennas, which are one (1) meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.
   D.   Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit requirements of this chapter in compliance with the following standards:
      1.   Height limits. Amateur radio antennas in any district may extend to a maximum height of seventy-five (75) feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted building height of the applicable zoning district when not in operation.
      2.   Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five (5) feet from interior property lines.
      3.   Tower safety. All antennas shall be located within in an enclosed fenced area or have a minimum five (5)-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight (8) feet.
   E.   Satellite antennas used or designed for receiving or transmitting electronic signals to or from orbiting earth satellites that comply with the following standards. Exceptions to these requirements may be granted by the designated approving authority upon the issuance of a conditional use permit as provided by Section 17.12.140 (Conditional Use Permit).
      1.   Dimensions of the satellite antenna shall be no greater than 18 inches in dimensions.
      2.   Satellite antennas greater than eighteen (18) inches dimension in compliance with the following.
         a.   A setback equal to the height of the antenna or the setback that applies to the principal structure, whichever is greater, shall be maintained between any property lines and any part of the antenna. In addition, installation shall be prohibited between any street and principal building on the site, except as provided below.
         b.   In any case where a lot backs up to a public right-of-way or private street, a setback of fifteen (15) feet shall be maintained between the rear property line and any portion of the antenna.
         c.   Maximum height of the antenna shall be fifteen (15) feet measured from the finish grade immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.
         d.   All wires and/or cable necessary for the operation of the antenna or reception of the signal shall be placed underground excepting those wires or cables attached flush with the surface of a building.
         e.   Antennas installed with the use of guy wires are prohibited.
         f.   Highly reflective surface or colors shall not be used on any such antenna.
         g.   Additional attention and evaluation may be needed to assure that antennas proposed for property locations in hillside areas are installed in locations which are least visible from areas off-site.
         h.   No more than one (1) antenna shall be installed on any parcel.
         i.   Installation shall be prohibited on the roof of any structure on the parcel except in non-residential zoning districts where the antenna is screened from view from adjacent parcels and rights-of-way.
         j.   No antenna which exceeds six (6) feet in height from the finish grade immediately below the antenna to the highest point of the antenna or any appurtenance attached thereto shall be erected on any parcel of land until a building permit for such antenna has been secured from the building department.
      3.   Emergency communication backup facilities.
      4.   Co-location on an existing wireless telecommunication facility. This co-location is allowed if the structure obtained a conditional use permit after January 1, 2007, and was subject to environmental review and a public hearing.
      5.   Any personal wireless telecommunication facility operated on land owned by the West Contra Costa County Unified School District (or any other special district), Contra Costa County, the State of California, or the federal government which are operated for public and not commercial purpose. (Ord. 2010-02 § 1 (part), 2010)