The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of telecommunication providers in favor of another group of providers or potential group of providers. The following criteria will be applied consistently to all telecommunication providers that request a permit.

1.   Satellite dish telecommunications equipment shall be permitted in any Residential, Commercial or Industrial district.

   A.   Satellite dishes shall be screened from adjoining properties by the use of landscape plantings and/or screen fences or walls.  The City is aware of the operating needs of these types of structures and acknowledges that it may be impossible to totally screen a satellite dish or tower, however, every effort must be made by the dish owner to minimize visual impact of the dish on surrounding properties.

   B.   Satellite dishes larger than thirty-six (36) inches in diameter shall be permitted in rear yards only and are permitted a maximum height of twelve (12) feet.  Such dishes must be setback at least five (5) feet from all rear and side property lines.

   C.   Communications towers, including television antennas and amateur radio antennas, not used for commercial purposes, may be utilized in residential districts, provided they do not exceed ten (10) feet above the height limit determined for principal structures in the applicable district and are at least one-half (1/2) the total height of the tower from any lot lines.  Total height shall be measured as the distance from the average grade at the base of the supporting structure to the top of the highest point of the tower, including beacons and antennae.

2.   Communication towers shall be permitted in any CI-1, I-1, and I-2 zoning districts.  A site plan, consistent with the requirements as outlined in the City of Clear Lake Code of Ordinances, Chapter 167, shall be required for all new communication tower and equipment facilities, expansion of existing facilities, or major modifications of existing facilities.

3.   In addition to site plan requirements as set forth herein, the following information must be provided for review of a telecommunication development request:

   A.   Map showing the location of the applicant's proposed facility and any existing facilities within three (3) miles of the proposed site location.

   B.   Report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision, standards.

   C.   Evidence that a valid FCC license for the proposed activity has been issued.

   D.   A written agreement signed by the communication facility owner and property owner to remove the tower, foundation, and any other accessory equipment within sixty (60) days after abandonment.  As used herein, the term "abandonment" shall mean a communication tower that is not used for its intended and approved purpose for more than one hundred eighty (180) days.

   E.   Establish that the use of and frequencies emitted from the tower and equipment will not interfere with the transmissions of law enforcement, fire, emergency response, public works, or other service agencies.

   F.   Additional information, as required, to determine that all applicable zoning and siting regulations are met.

4.   Communication towers and equipment shall meet the following design standards:

   A.   Communication towers shall be set back from all property lines and all other principal structures a distance of not less than one-half of the tower height, unless a tower is adjacent to a residential district or City park, in which case the tower shall be set back a distance of not less than the full tower height.

   B.   Communication towers shall have a maximum height of sixty (60) feet in any permitted zoning district.

   C.   Communication towers shall be painted a non-contrasting gray or similar color, minimizing its visibility, unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration.

   D.   Lights and signage shall not be permitted on any tower unless specifically required and permitted by the Federal Communications Commission, Federal Aviation Authority, and the City.

   E.   Security fencing eight (8) feet in height shall surround the communication tower, equipment structure, and any guy wires.

   F.   Communication tower equipment enclosures and accessory structures shall be designed with architectural compatibility with the surrounding built environment.

   G.   Communication facilities mounted to a building wall shall be painted to blend with the color and materials of the surface to which it is attached.  All wiring and accessory equipment shall be concealed from view.  Communication facilities located above the roof of the structure shall be appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City.

5.   In order to minimize the overall numbers of towers within the City, providers can be required to co-locate and enter into co-location agreements.

   A.   All new communication towers, and any pre-existing communication towers, owned by a licensed carrier, upon which this section permits co-location of additional communication facilities, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically co-located thereon.  However, nothing in this section shall prevent such licensed carriers from charging a reasonable fee for the co-location of additional communication facilities upon said tower which does not exceed the fair-market value for the space occupied. 

   B.   All licensed carriers shall cooperate with each other in co-locating additional communication facilities upon such towers.  All licensed carriers shall exercise in good faith in co-locating with other licensed carriers and in the sharing of towers, including technical information to evaluate the feasibility of co-location.  This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this section for a new communication tower. 

6.   Communication towers and equipment shall meet or exceed the current standards and regulations of the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate communication towers and equipment.

7.   The Community Building Official is authorized to submit a telecommunication development application to an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section.  The applicant shall pay all reasonable cost of said review, including any administrative costs incurred by the City.  Any proprietary information disclosed to the City or the technical expert hired shall remain confidential and shall not be disclosed to any third party.