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Ordinance No. 2004- <br /> <br />PETITION C04-02(T) <br /> <br />AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING <br />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 <br /> <br />Change Item 28 as follows: <br /> <br />28. WIRELESS TELECOMMUNICATIONS SERVICES <br /> <br />Section 1. Purpose and Legislative Intent. <br />The Telecommunications Act of 1996 affirmed the County of Cabarrus's authority concerning the <br />placement, constructmn and modification of Wireless Telecommunications Facilities. The County of <br />Cabarrus finds that Wireless Telecommunications Facilities may pose significant concerns to the health, <br />safety, public welfare, character and environment of the County and its inhabitants. The County also <br />recognizes that facilitating the development of wireless service technology can be an economic <br />development asset to the County and of significant benefit to the County and its residents. In order to <br />tnsure that the placement, construction or modification of Wireless Telecommunications Facilities is <br />consistent w~th the County's land use policies, the County is adopting a single, comprehensive, Wireless <br />Telecommumcat~ons Facd~tles apphcat~on and permit process. The ~ntent of this Local Ordinance ~s to <br />mlmm~ze the negative ~mpact of W~reless Telecommumcat~ons Facilities, establish a fmr and efficient <br />process for review and approval of applications, assure an ~ntegrated, comprehensive rewew of <br />envtronmental ~mpacts of such factht~es, and protect the health, safety and welfare of the County of <br />Cabarrus. <br /> <br />Section 2. Title. <br />This Ordinance shall be known and c~ted as the Wireless Telecommunications Facdlt~es Siting <br />Ordinance for the County of Cabarrus. <br /> <br />Section 3. Severability. <br /> A) If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or any <br /> apphcatmn thereof to any person or circumstance is declared void, unconstitutional, or invalid <br /> for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or <br /> the proscribed Application thereof, shall be severable, and the remaining provisions of this <br /> Ordinance, and all applications thereof, not having been declared void, unconstitutional, or <br /> invalid, shall remain in full force and effect. <br /> <br />Any Conditional Use Permit issued under this Ordinance shall be comprehensive and not <br />severable. If part of a permit ~s deemed or ruled to be invalid or unenforceable in any material <br />respect, by a competent authority, or is overturned by a competent authority, the permit shall be <br />void ~n total, upon determination by the County. <br /> <br />Last Revision 10/27/03 <br />CMS Confidential & Proprietary <br /> <br />1 <br /> <br /> <br />