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This ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior Code, Art. 21, § 21-400.14)
ZONING, SITING LOCATION AND DESIGN REGULATIONS FOR
WIRELESS COMMUNICATION FACILITIES
WIRELESS COMMUNICATION FACILITIES
(A) The purpose of this Ordinance is to establish guidelines for the siting of towers and antennas within the jurisdiction of the City of Mt. Vernon. The goals of this Ordinance are to:
(1) encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community,
(2) encourage strongly the joint use of new and existing tower sites,
(3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal,
(4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas,
(5) protect the public health and safety, and
(6) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(B) (1) The Illinois General Assembly enacted Public Act 100-0585, known as the Small Wireless Facilities Deployment Act (50 ILCS 840/) and effective on June 1, 2018, preempting some authority of the City of Mt. Vernon to regulate small wireless facilities.
(Prior Code, Art. 21, § 21-500.1)
ABANDONMENT or ABANDONED. Means:
(1) to cease operation for a period of sixty (60) or more consecutive days;
(2) to reduce the effective radiated power of an antenna by seventy-five percent for sixty (60) or more consecutive days;
(3) to relocate an antenna at a point less than eighty (80) percent of the height of an antenna support structure; or
(4) (a) to reduce the number of transmissions from an antenna by seventy-five percent for sixty (60) or more consecutive days.
(b) If there are two or more users of a single Wireless Communication Facility then this provision shall not be applicable to the supporting structure until all users have met the definition.
ADMINISTRATIVE APPROVAL. Successful completion of application process and issuance of a Building Permit.
ANTENNA. Any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but not limited to:
(1) ANCILLARY ANTENNA: An antenna that is less than twelve (12) inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
(2) PANEL ANTENNA: A directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to 120-degrees, and which is typically thin and rectangular in shape.
(3) PARABOLIC (OR DISH) ANTENNA: A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
(4) TUBULAR ANTENNA: A tube typically twelve (12) inches in diameter containing either omni-directional or directional antenna, depending on the specific site requirement. This is often used as a means to mitigate the appearance of antennae on top of light standards and power poles.
(5) WHIP ANTENNA: An Omni-directional antenna, which transmits and receives radio frequency signals in a 360-degree radial pattern. Typically four inches or less in diameter.
CO-LOCATION. The placement and arrangement of multiple providers’ antennae and equipment on a single support structure or equipment pad area.
ELECTROMAGNETIC FIELD. The field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
EQUIPMENT SHELTER. The structure associated with a Wireless Communication Facility that is used to house electronic switching equipment, cooling systems, and back-up power systems.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
FREESTANDING WIRELESS COMMUNICATION FACILITY. A wireless communication facility utilizing a monopole support structure.
HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure even if the highest point is an antenna.
MICROCELL. A Wireless Communication Facility consisting of a single antenna that is either:
(1) a panel antenna not more than four (4) feet in height and with an area of not more than five-hundred eighty (580) square inches; or
(2) a whip antenna, no more than four (4) inches in diameter and no more than six (6) feet in height; or
MINOR FACILITY. A Wireless Communication Facility consisting of up to three (3) antennae, each of which is either
(1) not more than four (4) feet in height and with an area of not more than five-hundred eighty (580) square inches; or
(2) a whip antenna, no more than four (4) inches in diameter and no more than six (6) feet in height;
(3) a tubular antenna no more than eighteen (18) inches in diameter and six (6) feet in height; and an associated equipment cabinet that is six (6) feet or less in height and no more than forty-eight (48) square feet in floor area; except Minor Facility shall not include a Small Wireless Facility defined within and subject to §§ 161.390 through 161.397.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicenced wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. § 332 (c)(7)(C).
SUPPORT STRUCTURE. Any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. SUPPORT STRUCTURES include the following:
(1) EXISTING NONRESIDENTIAL STRUCTURE. Existing structures identified in this Ordinance to which wireless facility components may be attached with certain mitigating conditions.
(2) GUY TOWER. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.
(3) LATTICE TOWER. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
(4) MONOPOLE. A support structure that consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.
WIRELESS COMMUNICATION FACILITY. A Wireless Communication Facility, including a microcell, that is a facility for the transmission and/or reception of radio (television) frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.
(Prior Code, Art. 21, § 21-500.2)
The following are exempt from the provisions of this Ordinance and shall be permitted in all zones:
(A) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC:
(B) Antennas and related equipment not more than three (3) feet in height that are being stored, shipped, or displayed for sale;
(C) Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 system;
(D) Wireless radio utilized for temporary emergency communications in the event of a disaster;
(E) Licensed amateur (ham) radio stations not greater than 75-feet in total height including any support or other existing structure.
(F) Wireless Data Communications antenna for Internet single end user (i.e. consumer) not greater than 75-feet in total height including any support or other existing structure.
(G) Satellite dish antennas one meter in diameter or less, including direct to home satellite services, when used as a secondary use of the property in all zoning districts, except within business and industrial districts satellite dish antennas two meters in diameter or less;
(H) Freestanding residential television or private radio reception antenna stations not exceeding 60-feet in height or residential television or private radio reception antennas mounted on existing residential structures not more than 60-feet in height including the height of the roof line of the structures.
(I) Wireless Communication Facilities which legally existed prior to August 7, 2000; except that this exemption does not apply to modifications of such existing facilities;
(J) Maintenance or repair of a Wireless Communication Facility and related equipment, (excluding structural work or changes in height or dimensions of antennas, towers, or buildings) provided that compliance with the standards of this Ordinance are maintained.
(Prior Code, Art. 21, § 21-500.3)
(A) Principal or Accessory Use. A Wireless Communication Facility will be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a Wireless Communication Facility on that lot except as specifically provided within this Ordinance.
(B) Not Essential Services. Wireless telecommunications facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.
(C) FCC Licensing. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant if not the telecommunications service provider shall submit proof of lease agreements with an FCC licensed telecommunications provider if they are required to be licensed by the FCC.
(D) Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility complies with zoning and development standards, such as, but not limited to, setback and lot coverage requirements, only the dimensions of the parcel upon which the wireless telecommunications facility is located shall be considered. If the Wireless Communication Facility is located upon a leased parcel of a larger lot, then only the leased area shall be considered.
(E) Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
(F) Lighting. Wireless Communication Facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
(G) Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed except for testing purposes, or emergency or display purposes not to exceed a 24-hour period except with the written permission of the Chief Building Inspector of the City, which permission shall be granted only upon good cause not within the control of the permittee.
(H) Cumulative Effects. The City shall consider the cumulative visual effects of Wireless Communication Facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional administrative approval can be granted so as to not adversely affect the visual character of the City.
(I) Change of Ownership Notification. Upon transfer of ownership of any Wireless Communication Facility or the lot or parcel upon which such facility has been erected the owner of the Wireless Communication Facility shall notify in writing the City of Mt. Vernon, Building Inspector, within thirty (30) days of the transfer. No transfer of ownership shall release said owner-transferor from the owner’s existing obligations under this Ordinance; in addition, all transfers of ownership in whole or part shall obligate and subject the new owner-transferee to any obligations of the transferor existing under this Ordinance at time of transfer.
(Prior Code, Art. 21, § 21-500.4)
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