AG 2004 05 17 - Laserfiche WebLink

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D) F) If Wireless Telecommunications Faclhties are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the permit holder has received notice, then the County may order officials or representatives of the County to remove the Wireless Telecommunications Facilities at the sole expense of the owner or Condmonal Use Permit holder. If, the County removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the s~te to a lawful location within ten (10) days, then the County may take steps to declare the Wireless Telecommunications Facdmes abandoned, and sell them and their components. Notwithstanding anything ~n this Section to the contrary, the County may approve a temporary use permtt/agreement for the Wireless Telecommunications Facdities, for no more ninety (90) days, dunng which time a suitable plan for removal, conversion, or re-location of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the County, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the County. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the County may take possession of and dispose of the affected Wireless Telecommunications Facilities m the manner provided in this Section. Section 28. Relief. Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may request such at the pre-Application meeting, provided that the relief or exemption is contained in the original Apphcation for either a Conditional Use Permit, or in the case of an existing or previously granted Condittonal Use Permit a request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of.proving the need for the requested rehef, watver or exemption ts solely on the Applicant to prove. The Applicant shall bear all costs of the County tn considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the County, its residents and other service providers. Section 29. Periodic Regulatory Review by the County. A) The County may at any time conduct a review and examination of this entire Ordinance. B) If after such a periodic review and examination of this Ordinance, the County determines that one or more provisions of this Ordinance should be amended, repealed, revised, clarified, or deleted, then the County may take whatever measures are necessary in accordance with applicable Law in order to accomplish the same. It is noted that where warranted, and in the best interests of the County, the County may repeal th~s entire Ordinance at any time. c) Notwithstanding the provisions of subsections (A) and (B) of this Section, the County may at any time and in any manner (to the extent permitted by Federal, State, or local law), amend, add, repeal, and/or delete one or more provisions of this Ordinance. Last Rews~on: 10/27/03 CMS Confidential & Proprietary 18