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Cabarrus County Zoning Ordinance <br />Chapter 8- Conditional Uses <br />b. Guys and accessory buildings shall satisfy the minimum zoning district setback <br />requirements. <br />c. Equipment cabinets and /or structures shall be no greater than fourteen (14) feet in <br />height or three hundred (300) square feet in gross floor area. The entry or access <br />side of a cabinet and /or structure shall be gated by a solid, sight- obscuring gate that <br />is separate from the cabinet and /or structure. Such access way shall not face <br />residentially zoned property. <br />Section 10 Collocation <br />a. GOOD FAITH- Applicants shall make a good faith effort to share wireless <br />communication structures, facilities and sites where feasible and appropriate. Good <br />faith effort shall include sharing technical information necessary to determine if <br />collocation is feasible under the design configuration most accommodating to <br />collocation, and may include negotiations for erection of a replacement support <br />structure to accommodate collocation. A competitive conflict to collocation or <br />financial burden caused by sharing such information normally will not be considered <br />as an exception to the duty of good faith. <br />b. THIRD PARTY TECHNICAL REVIEW- In the event a dispute arises as to whether an <br />Applicant has exercised good faith in accommodating other users, the Administrator <br />may require the applicant to obtain a third party technical study at the Applicant's <br />expense. The Administrator may review any information s ; u,trnitted by the Applicant <br />in determining whether good faith has been exercised. <br />c. EXCEPTIONS- No collocation may be required where the shared use would or does <br />result in significant interference with the broadcast or reception capabilities of the <br />existing wireless communication facilities or the failure of the facilities to meet <br />federal standards for emissions. <br />d. VIOLATION, PENALTY- Failure to comply with collocation requirements may result in <br />denial of a permit request or revocation of an existing permit. <br />Section 11 Removal of Ab , Boned Antennas and Towers <br />Any antenna or tower that is not operated for a continuous period of one (1) year shall be <br />considered abandoned, and the owner of such facility shall remove the antenna or tower <br />within ninety (90) days of receipt of notice from the Board of Adjustment notifying the <br />owner of such abandonment. If there are two or more users of a single tower or antenna, <br />then this provision shall not become effective until all users cease using the tower or <br />antenna for the prescribed period. "Physically remove" shall include, but not be limited to: <br />1. Removal of antennas, mount, equipment shelters and security barriers from the <br />subject property. <br />2. Proper disposal of the waste materials from the site in accordance with local and <br />state solid waste disposal regulations. <br />3. Restoring the location of the facility to its natural condition, except that any <br />landscaping and grading shall remain in the after condition. <br />A performance bond shall be set for 1.25 times the estimated cost of removal of all towers, <br />antennas, and accessory equipment structures that are approved. The performance bond <br />shall be filed prior to issuance of a zoning clearance. This amount will be determined by a <br />removal company and certified by a North Carolina licensed engineer. For every year <br />following approval, the bond shall increase by an inflation factor based upon the Consumer <br />Chapter 8 Page 30 of 33 <br />Revised August, 2013 <br />Attachment number 4 <br />G -1 Page 380 <br />