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AG 2004 05 17
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AG 2004 05 17
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Last modified
3/9/2006 9:19:36 PM
Creation date
11/27/2017 11:37:54 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/17/2004
Board
Board of Commissioners
Meeting Type
Regular
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13) <br /> <br />C) <br /> <br />The holder of a Conditional Use Permits failure to comply with provxsions of this Or&nance <br />shall constitute a violauon of thts Ordinance and-shall subject the Apphcant to the code <br />enforcement provisions and procedures as provided in the Cabarrus County Zoning Ordinance <br />and/or the General Statutes of North Carohna. <br /> <br />Notwtthstand~ng anything in th~s Ordinance, the holder of the Condtt~onal Use Permit for <br />Wireless Telecommumcations Factht~es may not use the payment of fines, liquidated damages or <br />other penalttes, to evade or avoid compliance with this Ordinance or any section of th~s <br />Or&nance. An attempt to do so shall subject the holder of the Con&tlonal Use Permit to <br />termination and revocatton of the Conditional Use Permit. The County may also seek ~njunct~ve <br />rehef to prevent the continued violation of this Ordinance, without limiting other remedies <br />available to the County. <br /> <br />Section 26. Default and/or Revocation. <br /> If Wtreless Telecommunications Facilities are repaired, rebuilt, placed, moved, re-located, <br /> modified or maintained in a way that is inconsistent or not in compliance with the provisions of <br /> this Ordinance or of the Conditional Use Permit, then the County shall notify the holder of the <br /> Conditional Use Permit tn writing of such wolat~on. <br /> <br />Section 27. Removal of Wireless Telecommunications Facilities. <br /> A) Under the following circumstances, the County may determine that the health, safety, and <br /> welfare tnterests of the County warrant and require the removal of Wireless Telecommunications <br /> Facflmes. <br /> <br />1) <br /> <br />Wireless Telecommunicattons Facilities with a permit have been abandoned 0.e. not used as <br />W~reless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days <br />or a total of one hundred-e~ghty (180) days in any three hundred-sixty five (365) day period, <br />except for periods caused by force majeure or Acts of God, in which case, repmr or removal <br />shall commence w~th~n 90 days; <br /> <br />2) Permitted Wireless Telecommunications Facilities fall into such a state of dlsrepmr that ~t <br /> creates a health or safety hazard; <br /> <br />3) <br /> <br />Wireless Telecommunications Facilities have been located, constructed, or modified w~thout <br />first obtaining, or in a manner not authorized by, the reqmred Conditional Use Permit, or any <br />other necessary authorization. <br /> <br />13) <br /> <br />If the County makes such a determination as noted in subsection (A) of this section, then the <br />County shall notify the holder of the Conditional Use Permit for the W~reless <br />Telecommunicattons Facilities within forty-eight (48) hours that smd W~reless <br />Telecommunications Facihties are to be removed, the County may approve an tnterim temporary <br />use agreement/permit, such as to enable the sale of the W~reless Telecommunications Facilities. <br /> <br />c) <br /> <br />The holder of the Conditional Use Permit, or ~ts successors or assigns, shall dismantle and <br />remove such Wireless Telecommunications Facilities, and all assomated structures and facilities, <br />from the site and restore the site to as close to its original condition as ~s possible, such <br />restoration being hmited only by physmal or commercial impracticabfltty, within mnety (90) <br />days of recetpt of written notice from the County. However, if the owner of the property upon <br />which the Wireless Telecommunications Facihties are located wishes to retain any access <br />roadway to the W~reless Telecommumcations Facihties, the owner may do so w~th the approval <br />of the County. <br /> <br />Last Revision. 10/27/03 <br />CMS Confidential & Proprietary <br /> <br />17 <br /> <br /> <br />
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