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May 17, 2004 .Page 450
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<br /> There was no one present to address the Board, and Chairman Freeman
<br />closed the public hearing.
<br />
<br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette
<br />and unanimously carried, the Board adopted the following ordinance amending
<br />the Cabarrus County Zoning Ordinance to include the Wireless
<br />Telecommunications regulations.
<br />
<br />Ordinance No. 2004-09
<br />
<br />PETITION C04-02(T)
<br />AN ORDINANCE MENDING THE CABA~RRUS COD-NTY ZONING ORDINANCE
<br />
<br />BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as
<br />follows:
<br />
<br />CHAPTER EIGHT, SECTION 8-4: CONDITIONAL USES
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<br />Change Item 28 as follows:
<br />
<br />28. WIRELESS TELECOMMUNICATIONS SERVICES
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<br />Section 1. Purpose and Legislative Intent.
<br />The Telecommunications Act of 1996 affirmed the County of Cabarrus'$
<br />authority concerning the placement, construction and modification of Wireless
<br />Telecommunications Facilities. The County of Cabarrus finds that Wireless
<br />Telecommunications Facilities may pose significant concerns to the health,
<br />safety, public welfare, character and environment of the County and its
<br />inhabitants. The County also recognizes that facilitating the development of
<br />wireless service technology can be an economic development asset to the
<br />County and of significant benefit to the County and its residents. In order
<br />to insure that the placement, construction or modification of Wireless
<br />Telecommunications Facilities is consistent with the County's land use
<br />policies, the County is adopting a single, comprehensive, Wireless
<br />Telecommunications Facilities application and permit process. The intent of
<br />this Local Ordinance is to minimize the negative impact of Wireless
<br />Telecommunications Facilities, establish a fair and efficient process for
<br />review and approval of applications, assure an integrated, comprehensive
<br />review of environmental impacts of such facilities, and protect the health,
<br />safety and welfare of the County of Cabarruso
<br />
<br />Section 2. Title.
<br />This Ordinance shall be known and cited as the Wireless Telecommunications
<br />Facilities Siting Ordinance for the County of Cabarrus.
<br />
<br />Section 3. Severability.
<br /> A) If any word, phrase, sentence, part, section, subsection, or other
<br /> portion of this Ordinance or any application thereof to any person or
<br /> circumstance is declared void, unconstitutional, or invalid for any
<br /> reason, then such word, phrase, sentence, part, section, subsection, or
<br /> other portion, or the proscribed Application thereof, shall be
<br /> severable, and the remaining provisions of this Ordinance, and all
<br /> applications thereof, not having been declared void, unconstitutional,
<br /> or invalid, shall remain in full force and effect.
<br />
<br />B) Any Conditional Use Permit issued under this Ordinance shall be
<br /> comprehensive and not severable. If part of a permit is deemed or ruled
<br /> to be invalid or unenforceable in any material respect, by a competent
<br /> authority, or is overturned by a competent authority, the permit shall
<br /> be void in total, upon determination by the County.
<br />
<br />Section 4. Definitions.
<br />For purposes of this Ordinance, and where not inconsistent with the context
<br />of a particular section, the defined terms, phrases, words, abbreviations,
<br />and their derivations shall have the meaning given in this section. When not
<br />inconsistent with the context, words in the present tense include the future
<br />tense, words used in the plural nun~ber include words in the singular number
<br />and words in the singular number include the plural number. The word ~'shall"
<br />is always mandatory, and not merely directory.
<br />
<br />"Accessory Facility or Structure" means an accessory facility or
<br />structure serving or being used in conjunction with Wireless
<br />Telecommunications Facilities, and located on the same property or
<br />lot as the Wireless Telecommunications Facilities, including but not
<br />limited to, utility or transmission equipment storage sheds or
<br />cabinets.
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