Mount Vernon City Zoning Code
ZONING, SITING
LOCATION AND DESIGN REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES
§ 161.365 PURPOSE AND SCOPE.
(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)
§ 161.366 DEFINITIONS.
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)
§ 161.367 EXEMPTIONS.
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)
§ 161.368 GENERAL PROVISIONS.
(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)
§ 161.369 WIRELESS COMMUNICATION FACILITY LOCATIONS.
(A) Freestanding.
(1) Freestanding Wireless Communication Facilities may be located in the following Agriculture, Flood Plain, Business or Industrial zoning districts subject to administrative approval at the following heights; provided in all cases a Conditional Use Permit must be obtained in accordance with §§ 161.135 through 161.138 of the Revised Code of Ordinances:
(a) A-G, General Agriculture District and F-P, Flood Plain District: 200 feet.
(b) I-1, Light Industrial District, 1-2, General Industrial District, and I-A, Industrial-Agriculture District: 200 feet.
(c) B-2, Secondary Business District, B-3, and Interchange Business District: 120 feet.
(2) No freestanding Wireless Communication Facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing Wireless Communication Facility, freestanding or located on existing structures, nor any available structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing Wireless Communication Facility or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(a) No existing Wireless Communication Facility or structures are located within the geographic area required to meet applicant’s engineering requirements.
(b) Existing Wireless Communication Facility or structures are not sufficient height to meet applicant’s engineering requirements.
(c) Existing Wireless Communication Facility or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing Wireless Communication Facility or structures, or the antenna on the existing Wireless Communication Facility or structures would cause interference with the applicant’s proposed antenna.
(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing Wireless Communication Facility or to use an existing structure for sharing or use are unreasonable. Costs exceeding new Wireless Communication Facility development are presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render existing Wireless Communication Facility and structures unsuitable.
(B) Existing Structures. Wireless Communication Facilities may be placed in any zoning district on the following existing structures subject to administrative approval of the facility. No Conditional Use Permit is required. The height of the wireless facility must not exceed the height requirements of § 161.370(B) herein:
(1) Any free standing support structure currently used by a permitted Wireless Communication Facility;
(2) Non-residential buildings including, but not limited to, office buildings, retail buildings, industrial buildings, and clubhouses; but not including structures considered accessory structures to a residential use; and
(3) Minor facilities located on non-residential buildings and structures including, but not limited to, water towers, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers, and flag poles.
(C) Rights-of-Way.
(1) Subject to administrative approval, Wireless Communication Facilities may be placed in the public right-of-way or utility right-of-way provided the Wireless Communication Facility is a microcell consisting of a whip or tubular antenna placed on a light standard or power pole and the equipment cabinet is placed in the ground; provided the written agreement of the right-of-way owner is first obtained and the right-of-way permits same.
(2) No such pole and microcell shall have a combined height which exceeds 40 feet; no minimum setback requirement shall be required for the antenna.
(D) Residential Districts. Except as provided in subsection (B) above, Wireless Communication Facilities are not permitted in any residential district.
(Prior Code, Art. 21, § 21-500.5)
§ 161.370 SITE DEVELOPMENT STANDARDS.
All Wireless Communication Facilities shall be constructed, erected or built in accordance with the following site development standards:
(A) (1) Wireless Communication Facilities shall be screened or camouflaged by employing the best available technology.
(2) This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the City when possible facilities should be camouflaged to resemble trees.
(B) Wireless Communication Facilities may be mounted on certain nonresidential buildings and structures in accordance with the limitations in § 161.369(B) with administrative approval, provided that the following conditions are met:
(1) The Wireless Communication Facility is co-located on an existing wireless communication facility and conforms to § 161.369(A); or
(2) The Wireless Communication Facility consists of a microcell or a minor facility as follows:
(a) The combined antenna(e) and supporting hardware shall not extend more than 15 feet above the existing or proposed roof structure. Antenna(e) may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper; and
(b) The antenna(e) and supporting hardware shall be mounted on the building upon which they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
(c) The minimum setback in each direction from the edge of the building or structure shall be one and one-half feet of setback for each foot of combined antenna and supporting hardware height, which minimum setback shall not be subject to variance.
(C) Freestanding Wireless Communication Facilities shall conform to all of the following site development standards:
(1) Monopoles shall be the only freestanding support structures allowed in the City; no lattice towers or guy towers shall be permitted;
(2) Installation of a freestanding facility shall be denied if placement of the antennae on an existing structure can meet the applicant’s technical and network location requirements;
(3) (a) The applicant shall demonstrate that the Wireless Communication Facility is the minimum height required to function satisfactorily.
(b) No freestanding facility that is taller than the maximum allowed height shall be approved. Height shall be measured to the top of the antenna(e);
(4) A freestanding Wireless Communication Facility, including the support structure and associated electronic equipment, shall have a minimum setback requirement from all adjoining property lines equal to one foot of setback for each foot of height; except, however, when on a parcel adjacent to a residential use or adjacent to a lot zoned residential, then the minimum setback from the property line(s) of the adjacent residential use or lot shall be one and one-half feet of setback for each foot of height. Minimum setback requirements shall not be subject to variance;
(5) Freestanding Wireless Communication Facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
(a) Use existing site features to screen as much of the total facility as possible from prevalent views; and/or
(b) Use existing site features as a background so that the total facility blends into the background with increased sight distances;
(6) In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility; and
(7) Support structures, antennae, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the City.
(8) (a) Separation distances between freestanding Wireless Communication Facilities is required and shall measured between the proposed Wireless Communication Facility and those Wireless Communication Facilities that are existing, or have received approval on the effective date of this Ordinance from any governmental entity, regardless of whether situated within or outside the corporate limits of the City.
(b) The separation distances shall be measured by drawing or following a straight line between the base of the existing Wireless Communication Facility and the proposed base, pursuant to a site plan of the proposed Wireless Communication Facility.
(c) No freestanding Wireless Communication Facility shall be erected within 1500 feet of another freestanding Wireless Communication Facility.
(D) Electronics equipment enclosures shall conform to the following:
(1) Screening of Wireless Communication Facility equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
(2) No wireless equipment reviewed under this section shall be located within required building setback areas.
(E) Security fencing, if used, shall conform to the following:
(1) No fence shall exceed eight (8) feet in height or be less than six (6) feet in height;
(2) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(3) Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three (3) foot deep area to be planted with approved plant species in a manner that will completely screen the fencing.
(Prior Code, Art. 21, § 21-500.6)
§ 161.371 CO-LOCATION.
The intent of co-location is to encourage several providers to use the same structure or site to keep the number of Wireless Communication Facilities sites to a minimum as a means of reducing the overall visual effects throughout the community. The following procedures are required to further the intent of Wireless Communication Facility co-location:
(A) A permittee shall cooperate with other Wireless Communication Facility providers in co-locating additional antennae on support structures and/or on existing buildings and sites provided said proposed co-locatees have received a permit for such use at said site from the City. A permittee shall allow other providers to co-locate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
(B) A signed statement indicating that the applicant agrees to allow for the potential co-location of additional Wireless Communication Facility equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future co-location is not possible on its site, the applicant must submit a technical study documenting that such co-location is not possible.
(Prior Code, Art. 21, § 21-500.7)
§ 161.372 FACILITY REMOVAL.
In instances where a Wireless Communication Facility is to be removed, the removal shall be in accordance with the following procedures:
(A) (1) The operator of a Wireless Communication Facility shall notify the City upon the discontinued use of a particular facility.
(2) The Wireless Communication Facility shall be removed by the facility owner within ninety (90) days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
(B) If the provider fails to remove the facility upon ninety (90) days of its discontinued use or abandonment or disrepair, the responsibility for removal falls upon the landowner on which the facility has been located. If any facility is not removed within said ninety (90) days same shall constitute a nuisance and shall be subject to removal by the City in accordance with § 90.11 of the Revised Code of Ordinances.
(Prior Code, Art. 21, § 21-500.8)
§ 161.373 ELECTROMAGNETIC FIELD (EMF) STANDARDS COMPLIANCE.
All Wireless Communication Facilities shall be operated in compliance with the following standards:
(A) (1) The applicant shall comply with Federal standards for EMF emissions. Within six (6) months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established Federal standards. Said report shall be subject to review and approval by the City for established Federal standards. Said report shall be subject to review and approval by the City for consistency with the project proposal report and the adopted Federal standards. If on review the City finds that the Wireless Communication Facility does not meet Federal standards, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the Federal standards. If the permit is revoked, then the facility shall be removed pursuant to § 161.372.
(2) If said Federal standards are met, no administrative approval or conditional use may be denied on grounds that radio frequency admissions are harmful to the environment or to the health of residents.
(B) The applicant shall ensure that the Wireless Communication Facility will not cause localized interference with the reception of area television or radio or data broadcasts. If on review of a registered complaint the City finds that the Wireless Communication Facility interferes with such reception, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed pursuant to § 161.372.
(Prior Code, Art. 21, § 21-500.9)
§ 161.374 APPLICATION REQUIREMENTS.
Applications for administrative approval and/or Conditional Use Permit shall be in the form prescribed by the City of Mt. Vernon and shall include such information as required for all such permits and shall also include the information described below. The Chief Building Inspector shall issue a Building Permit when an application for administrative approval has been deemed to be complete. The City Council shall make final determination with regard to Conditional Use Permits. Applications shall be processed in accordance with the City’s ordinances and regulations as presently constituted or hereafter amended. Application for a Wireless Communication Facility shall contain the following information. In addition to the information required within other Articles or provisions of the Revised Code of Ordinances, the Applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that operate to convey all of the following information:
(A) Photo simulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances;
(B) A signed statement indicating that:
(1) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional Wireless Communication facilities by other providers on the applicant’s structure or within the same site location and
(2) the applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment;
(C) Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or in the event that a FCC environmental assessment is not required, a statement that described the specific factors that obviate the requirement for an environmental assessment;
(D) (1) A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this Ordinance.
(2) The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed Wireless Communication Facility, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and other proposed structures.
(3) The site plan shall not be required if the antenna is to be mounted on an existing structure;
(E) A current map showing the location and service area of the proposed Wireless Communication Facility, and a map showing the locations and service areas of other Wireless Communication Facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City;
(F) A legal description of the parcel, if applicable;
(G) The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
(H) The method of fencing, the finished color, and, if applicable, the method of camouflage and illumination, if required;
(I) A letter signed by the applicant stating the Wireless Communication Facility will comply with all FAA regulations and EIA (Electronic Industries Association) Standards and all other applicable federal, state and local laws and regulations;
(J) A statement by the applicant as to whether construction of the Wireless Communication Facility will accommodate co-location of additional antennas for future users;
(K) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
(L) (1) An inventory of its existing towers that are either within the jurisdiction of the City of Mt. Vernon or within 1-1/2 miles of the border thereof, including specific information about the location, height, and design of each tower.
(2) The City may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this Ordinance or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(M) At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City. This shall include a service area coverage chart for the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed.
(Prior Code, Art. 21, § 21-500.10)
§ 161.375 PERMIT LIMITATIONS.
Construction of a Wireless Communication Facility shall commence within one (1) year from the date of the City’s approval, which approval shall be the earlier of date of issuance of a Building Permit or granting of a Conditional Use. If not used within one year, the applicable permit shall become null and void.
(Prior Code, Art. 21, § 21-500.11)
§ 161.376 FEES.
In Addition to any other applicable fees, prior to administrative approval, the applicant shall reimburse the City for costs of professional engineers and other consultants hired by the City to review and inspect the applicant’s proposal. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review.
(Prior Code, Art. 21, § 21-500.12)
§ 161.377 RULES AND REGULATIONS OF THE CITY.
Nothing in this Ordinance shall operate to restrict or limit the City’s ability to adopt and enforce all appropriate ordinances requirements for telecommunications carriers’ and provider’s use of the rights-of-way and public property, procedures for application and approval of telecommunication business registrations, telecommunications rights-of-way use authorizations, franchises and facilities leases, and describing violations and establishing penalties. Nothing in this Ordinance shall operate to release in whole or in part any applicant for a Wireless Communication Facility from the obligation to comply with such ordinances, rules and regulations of the City of Mt. Vernon.
(Prior Code, Art. 21, § 21-500.13)
§ 161.378 SEVERABILITY.
If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
(Prior Code, Art. 21, § 21-500.14)