The purpose of this article is to provide for the appropriate location and development of communications facilities and systems to serve the citizens and businesses of the City of Jennings; to minimize adverse visual impacts of communications antennas and support structures through careful design siting, landscape screening and camouflage; maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities; and maximize and encourage the use of disguised antenna support structures as to ensure the architectural integrity of designated areas within the city and the scenic quality of protected natural habitats.

An application for a building permit for the construction or installation of an amateur radio or amateur television antenna, an antenna tower or a satellite dish for private use shall be filed with the director and shall contain such information as required on such building permit application including:

(a)

Detailed construction and installation plans.

(b)

A site plan of the parcel upon which the installation is to be made showing the specific location of the proposed installation and all improvements on the parcel. Where the application requires review by the city plan commission, the site plan shall also include the location of trees on such parcel, the general location of the improvements on all adjoining properties and such other information as the director of public works deems appropriate to provide adequate information to the city plan commission.

(a)

No building permit is required for the following:

(1)

A ground mounted amateur radio or amateur television antenna less than twelve (12) feet in height that is designed to receive or transmit radio signals for private use.

(2)

In any residential district a ground mounted satellite dish to receive direct satellite service, including direct-to-home satellite service, video programming services via multipoint distribution services, including multichannel, multipoint distribution services, instruction television fixed services, and local multipoint services, and that is three (3) feet or less in diameter.

(b)

A building permit shall be required for the following:

(1)

A building permit shall be required for all roof mounted antennas and satellite dishes.

(2)

A building permit shall be required for antennas mounted on a fixed, retractable, or crank-up tower in excess of twelve (12) feet in height.

City plan commission approval will be required for the following:

(a)

All antennas, antenna towers and satellite dishes extending above the roof height of existing buildings or structures located on the lot on which they are proposed.

(b)

All satellite dishes greater than ten (10) feet in diameter.

(a)

All antennas, satellite dishes over three (3) feet in diameter, and associated equipment shall be a neutral color. For purposes of this article, black and gray shall be considered neutral colors. Furthermore, the City of Jennings may determine that any color is neutral within the meaning of this article if such color blends with the surrounding dominant color, helps to camouflage the proposed antenna, and is neither bright, reflective nor metallic.

(b)

All antennas, satellite dishes over three (3) feet in diameter, and associated equipment shall be screened from view from the public streets or located on the site in such a manner as to be screened from the public street. Screening materials may consist of items such as walls, fences, buildings or mature plant materials. Notwithstanding the requirements of this subsection, screening shall not be required if such screening would degrade or impair reception or unreasonably increase the cost of installation, maintenance or use of the antenna.

(c)

All antennas, satellite dishes over three (3) feet in diameter, and associated equipment shall be located only in the rear yard of any lot. Should there be severe practical difficulties in providing a ground location, then a roof-mounted or structure mounted installation may be considered, provided screening as required can be achieved.

(d)

No advertising of any form shall be permitted on any part of an antenna, satellite dishes over three (3) feet in diameter, or associated equipment, except for a six (6) inch square area displaying the manufacturer's or distributor's name.

(e)

In R-1 and R-2 Residential Districts, no more than one (1) antenna or satellite dish, over three (3) feet in diameter, shall be located on any one (1) lot of record.

(f)

In the R-3 Residential District, no more than one (1) antenna or satellite dish, over three (3) feet in diameter, shall be located on any lot of record with less than ten units, and no more than two (2) antennas or satellite dishes, over three (3) feet in diameter, shall be located on any lot of record with ten or more units.

(g)

All towers, ground mounted antenna and supports, antenna feed lines, satellite dishes and antenna controls shall be designed, erected and maintained in accordance with the city's codes and ordinances.

(h)

All wiring to and from ground mounted antennas, satellite dishes or towers located more than five (5) feet from the nearest building shall be underground.

(i)

No antenna shall be erected so as to damage the roof covering, and when removed from the roof, the covering shall be repaired to maintain weather and water tightness. The installation of any antenna structure mounted on the roof of a building shall not be erected nearer to the lot line than the total height of the antenna structure above the roof, nor shall such antenna structure be erected near electric power lines or encroach upon any street or other public space.

All telecommunication facilities as defined in Article 3 of this appendix shall require a review and recommendation by the city plan commission under the provisions of a conditional use permit as set forth in Article 25 of this appendix with final approval of all applications by the city council. These facilities shall be permitted only upon compliance with the following standards and criteria:

Written findings shall be made as to the following based on evidence submitted with the application or presented during the hearing phase by the applicant or others. A decision to deny an application shall be based upon substantial evidence which shall be made part of the written record of the city council meeting at which a final decision of the application is rendered. The written findings shall include:

(a)

Whether or not existing telecommunication facilities are located within the geographic area necessary to meet the applicant's engineering requirements.

(b)

Whether or not existing telecommunication facilities, structures, or buildings within the applicant's required geographic area are of sufficient height to meet system engineering requirements.

(c)

Whether or not existing telecommunication facilities, structures, or buildings have sufficient structural strength to support the applicant's proposed facility.

(d)

Whether or not the proposed telecommunication facility would experience or cause signal interference with telecommunication facilities on existing towers or structures.

(e)

Whether or not fees, costs, or other contractual terms required by the owners of existing towers, structures, or buildings within the required geographic area of the applicant, or whether or not fees, costs, or other contractual terms required to retrofit existing facilities or structures are reasonable. Costs exceeding that of a new telecommunications facility are presumed to be unreasonable.

(f)

Whether or not there are other limiting conditions that render existing towers, structures, or buildings within the applicant's required geographic area unsuitable.

(g)

Whether the design of the proposed facility maximally reduces its visual impact on adjacent properties by considering the use of disguised antenna support structures as to ensure the architectural integrity of designated areas within the city and the scenic quality of protected natural habitats.

(h)

Whether the proposal minimizes the number and size of facilities that will be required in the geographic area surrounding the proposed site.

No telecommunications facility shall be approved in excess of one hundred fifty (150) feet in height unless a clear showing that such height is required to provide personal wireless services, or reasonably required for public safety communications of a governmental entity sharing the facility and such showing is supported by the opinion of a telecommunications consultant hired by the city at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceed the height limitations, or the reasons why such alternatives are not viable.

All telecommunications facilities and towers shall meet or exceed current standards and regulations of the FCC and any other state or federal agency with the authority to regulate communications, telecommunications facilities and antenna support structures.

All telecommunications facilities and towers shall be protected from unauthorized access by appropriate security devices as approved by the city council. A description of proposed security measures shall be provided as part of any conditional use application to install, build or modify telecommunications facilities or towers.

Telecommunications facilities, towers and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the conditional use application to install, build or modify the telecommunications facilities or towers.

Human occupancy for office or other uses is prohibited. The storage of materials and equipment not in direct support of the connected telecommunications facility, is prohibited.

Telecommunications facilities shall be painted, subject to the requirements of the FAA and FCC or any applicable state or federal agency, a neutral color consistent with the natural or built environment of the site.

(a)

Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site, and may also be brick or other masonry material as required by the city plan commission.

(b)

Telecommunications facilities attached to a building or disguised telecommunications tower shall be of a color identical to or closely compatible with the surface to which they are mounted.

(c)

No barbed wire or similar materials shall be used on security fences.

(d)

All telecommunications facilities shall be surrounded by a landscape strip of not less than ten (10) feet in width, and planted with materials which will provide a visual barrier of a minimum height of six (6) feet.

(e)

Access to and parking for antenna or tower locations shall be provided on a paved surface made of either concrete or asphaltic concrete.

(f)

All towers shall be separated from adjacent residential districts by a distance equal to the height of the tower plus ten (10) feet.

(g)

Vehicle or outdoor storage on any tower site is prohibited.

(h)

The minimum lot size for any tower shall be twelve thousand (12,000) square feet.

(i)

A building permit shall be required for every new or altered telecommunications facility. Any building permit issued shall be forwarded to the Office of the St. Louis County Assessor.

Prior to the issuance of any approval and building permit to alter or modify any tower existing on the effective date of this ordinance, the owner shall provide to the city a written and notarized statement agreeing to make said tower available for use by others subject to reasonable technical limitations and reasonable financing terms. The willful and knowing failure of a tower owner to agree to share, use, or to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner, or his successors or assigns, to install, build or modify telecommunications facilities or towers within the city.

Prior to the issuance of any permit to install, build or modify any telecommunications facility, the telecommunications facility owner, or his successors or assigns, shall furnish the city plan commission an inventory of all telecommunication facilities in or within one half (½) mile of the city limits and agree to the shared use of the proposed telecommunications facilities subject to such technical limitations and financial terms as are reasonable. The inventory shall include the telecommunications facilities reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height or existing telecommunications facility and an assessment of available ground space for the placement of additional equipment shelters.

Any new tower used for commercial purposes at a height of one hundred (100) feet or higher shall be designed and constructed to accommodate at least one additional user. The willful and knowing failure of the owner, or his successors or assigns, of a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify telecommunications facilities or towers within the city.

All telecommunications facilities shall be maintained and improved to remain in the condition in which they were approved.

If any telecommunications facilities, tower or antenna support structure becomes obsolete or is not used or is inactive for a period of one (1) year, it shall be considered a nuisance and be removed at the owner's expense.