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