(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)