Laserfiche WebLink
May 17, 2004 Page 463 <br /> <br /> provisions and procedures as provided in the Cabarrus County Zoning <br /> Ordinance and/or the General Statutes of North Carolina. <br /> <br />C) Notwithstanding anything in this Ordinance, the holder of the <br /> Conditional Use Permit for Wireless Telecommunications Facilities may <br /> not use the payment of fines, liquidated damages or other penalties, to <br /> evade or avoid compliance with this Ordinance or any section of this <br /> Ordinance. ;Ln attempt to do so shall subject the holder of the <br /> Conditional Use Permit to termination and revocation of the Conditional <br /> Use Permit. The County may also seek injunctive relief to prevent the <br /> continued violation of this Ordinance, without limiting other remedies <br /> available to the County. <br /> <br />Section 26. Default and/or Revocation. <br /> If Wireless Telecommunications Facilities are repaired, rebuilt, placed, <br /> moved, re-located, modified or maintained in a way that is inconsistent <br /> or not in compliance with the provisions of this Ordinance or of the <br /> Conditional Use Permit, then the County shall notify the holder of the <br /> Conditional Use Permit in writing of such violation. <br /> <br />Section 27. Removal of Wireless Telecommunications Facilities. <br /> A) Under the following circumstances, the County may determine that the <br /> health, safety, and welfare interests of the County warrant and require <br /> the removal of Wireless Telecommunications Facilities. <br /> <br />1) Wireless Telecommunications Facilities with a permit have been <br /> abandoned (i.e. not used as Wireless Telecommunications Facilities) <br /> for a period exceeding ninety consecutive (90) days or a total of <br /> one hundred-eighty (180) days in any three hundred-sixty five (365) <br /> day period, except for periods caused by force majeure or Acts of <br /> God, in which case, repair or removal shall commence within 90 days; <br />2) Permitted Wireless Telecommunications Facilities fall into such a <br /> state of disrepair that it creates a health or safety hazard; <br />3) Wireless Telecommunications Facilities have been located, <br /> constructed, or modified without first obtaining, or in a manner not <br /> authorized by, the required Conditional Use Permit, or any other <br /> necessary authorization. <br /> <br />B) If the County makes such a determination as noted in subsection (A) of <br /> this section, then the County shall notify the holder of the <br /> Conditional Use Permit for the Wireless Telecommunications Facilities <br /> within forty-eight (48) hours that said Wireless Telecommunications <br /> Facilities are to be removed, the County may approve an interim <br /> temporary use agreement/permit, such as to enable the sale of the <br /> Wireless Telecommunications Facilities. <br /> <br />C) The holder of the Conditional Use Permit, or its successors or assigns, <br /> shall dismantle and remove such Wireless Telecommunications Facilities, <br /> and all associated structures and facilities, from the site and restore <br /> the site to as close to its original condition as is possible, such <br /> restoration being limited only by physical or commercial <br /> impracticability, within ninety (90) days of receipt of written notice <br /> from the County. However, if the owner of the property upon which the <br /> Wireless Telecommunications Facilities are located wishes to retain any <br /> access roadway to the Wireless Telecommunications Facilities, the owner <br /> may do so with the approval of the County. <br /> <br />D) If Wireless Telecommunications Facilities are not removed or <br /> substantial progress has not been made to remove the Wireless <br /> Telecommunications Facilities within ninety (90) days after the permit <br /> holder has received notice, then the County may order officials or <br /> representatives of the County to remove the Wireless Telecommunications <br /> Facilities at the sole expense of the owner or Conditional Use Permit <br /> holder. <br /> <br />E) If, the County removes, or causes to be removed, Wireless <br /> Telecommunications Facilities, and the owner of the Wireless <br /> Telecommunications Facilities does not claim and remove it from the <br /> site to a lawful location within ten (10) days, then the County may <br /> take steps to declare the Wireless Telecommunications Facilities <br /> abandoned, and sell them and their components. <br /> <br />F) Notwithstanding anything in this Section to the contrary, the County <br /> may approve a temporary use permit/agreement for the Wireless <br /> Telecommunications Facilities, for no more ninety (90) days, during <br /> which time a suitable plan for removal, conversion, or re-location of <br /> <br /> <br />