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May 17, 2004 Page 451 <br /> <br />2 o <br /> <br />3 0 <br /> <br />7 o <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />"Applicant" means any Wireless service provider submitting an <br />Application for a Conditional Use Permit for Wireless <br />Telecommunications Facilities. <br /> <br />"Application" means all necessary and appropriate documentation that <br />an Applicant submits in order to receive a Conditional Use Permit <br />for Wireless Telecommunications Facilities. <br /> <br />"Antenna" means a system of electrical conductors that transmit or <br />receive electromagnetic waves or radio frequency or other wireless <br />signals. Such shall include, but not be limited to radio, <br />television, cellular, paging, personal Telecommunications services <br />(PCS), microwave Telecommunications and services not licensed by the <br />FCC, but not expressly exempt from the County's siting, building and <br />permitting authority. <br /> <br />"Co-location" means the use of a Tower or structure to support <br />Antennae for the provision of wireless services without increasing <br />the height of the Tower or structure. <br /> <br />"Commercial Impracticability" or ~Commercially Impracticable" means <br />the inability to perform an act on terms that are reasonable in <br />commerce; the cause or occurrence of which could not have been <br />reasonably anticipated or foreseen and that jeopardizes the <br />financial efficacy of the project. The inability to achieve a <br />satisfactory financial return on investment or profit, standing <br />alone, shall not deem a situation to be "commercial impracticable" <br />and shall not render an act or the terms of an agreement <br />"commercially impracticable". <br /> <br />"Completed Application" means an Application that contains all <br />information and/or data necessary to enable an informed decision to <br />be made with respect to an Application. <br /> <br />"Commission" means the County Commission of the County of Cabarrus. <br /> <br />"Conditional Use Permit" means the official document or permit by <br />which an Applicant is allowed to construct and use Wireless <br />Telecommunications Facilities as granted or issued by the County. <br /> <br />"County" means Cabarrus County, North Carolina. <br /> <br />"FAA" means the Federal Aviation Administration, or its duly <br />designated and authorized successor agency. <br /> <br />"FCC" means the Federal Communications Commission, or its duly <br />designated and authorized successor agency. <br /> <br />"Height" means, when referring to a Tower or structure, the distance <br />measured from the pre-existing grade level to the highest point on <br />the Tower or structure, even if said highest point is an Antenna or <br />lightening protection device. <br /> <br />"Modification" or "Modify" means, the addition, removal or change of <br />any of the physical and visually discernable components or aspects <br />of a wireless facility, such as antennas, cabling, radios, equipment <br />shelters, landscaping, fencing, utility feeds, changing the color or <br />materials of any visually discernable components, vehicular access, <br />parking and/or an upgrade or changeout of equipment for better or <br />more modern equipment. Adding a new wireless carrier or service <br />provider to a Telecommunications Tower or Telecommunications Site is <br />a modification. A Modification shall not include the replacement of <br />any components of a wireless facility where the replacement is <br />identical to the component being replaced or for any matters that <br />involve the normal repair and maintenance of a wireless facility <br />without adding, removing or changing anything. <br /> <br />"NIER" means Non-Ionizing Electromagnetic Radiation <br /> <br />"Person" means any individual, corporation, estate, trust, <br />partnership, joint stock company, association of two (2) or more <br />persons having a joint common interest, or any other entity. <br /> <br />"Personal Wireless Facility" <br />Telecommunications Facilities' <br /> <br />See definition for 'Wireless <br /> <br /> <br />