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~a~ 17, 2004 Pa~e 464
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<br />the affected Wireless Telecommunications Facilities shall be developed
<br />by the holder of the Conditional Use Permit, subject to the approval of
<br />the County, and an agreement to such plan shall be executed by the
<br />holder of the Conditional Use Permit and the County. If such a plan is
<br />not developed, approved and executed within the ninety (90) day time
<br />period, then the County may take possession of and dispose of the
<br />affected Wireless Telecommunications Facilities in the manner provided
<br />in this Section.
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<br />Section 28. Relief.
<br />Any Applicant desiring relief, waiver or exemption from any aspect or
<br />requirement of this Ordinance may request such at the pre-Application
<br />meeting, provided that the relief or exemption is contained in the original
<br />Application for either a Conditional Use Permit, or in the case of an
<br />existing or previously granted Conditional Use Permit a request for
<br />modification of its Tower and/or facilities. Such relief may be temporary or
<br />permanent, partial or complete. However, the burden of proving the need for
<br />the requested relief, waiver or exemption is solely on the Applicant to
<br />prove. The Applicant shall bear all costs of the County in considering the
<br />request and the relief, waiver or exemption. No such relief or exemption
<br />shall be approved unless the Applicant demonstrates by clear and convincing
<br />evidence that, if granted the relief, waiver or exemption will have no
<br />significant affect on the health, safety and welfare of the County, its
<br />residents and other service providers.
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<br />Section 29. Periodic Regulatory Review by the County.
<br /> A) The County may at any time conduct a review and examination of this
<br /> entire Ordinance.
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<br />B) If after such a periodic review and examination of this Ordinance, the
<br /> County determines that one or more provisions of this Ordinance should
<br /> be amended, repealed, revised, clarified, or deleted, then the County
<br /> may take whatever measures are necessary in accordance with applicable
<br /> Law in order to accomplish the same. It is noted that where warranted,
<br /> and in the best interests of the County, the County may repeal this
<br /> entire Ordinance at any time.
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<br />C) Notwithstanding the provisions of subsections (A) and (B) of this
<br /> Section, the County may at any time and in any manner (to the extent
<br /> permitted by Federal, State, or local law), amend, add, repeal, and/or
<br /> delete one or more provisions of this Ordinance.
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<br />Section 30. Adherence to State and/or Federal Rules and Regulations.
<br /> A) To the extent that the holder of a Conditional Use Permit for Wireless
<br /> Telecommunications Facilities has not received relief, or is otherwise
<br /> exempt, from appropriate State and/or Federal agency rules or
<br /> regulations, then the holder of such a Conditional Use Permit shall
<br /> adhere to, and comply with, all applicable rules, regulations,
<br /> standards, and provisions of any State or Federal agency, including,
<br /> but not limited to, the FAA and the FCC. Specifically included in this
<br /> requirement are any rules and regulations regarding height, lighting,
<br /> security, electrical and RF emission standards.
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<br />B) To the extent that applicable rules, regulations, standards, and
<br /> provisions of any State or Federal agency, including but not limited
<br /> to, the FAA and the FCC, and specifically including any rules and
<br /> regulations regarding height, lighting, and security are changed and/or
<br /> are modified during the duration of a Conditional Use Permit for
<br /> Wireless Telecommunications Facilities, then the holder of such a
<br /> Conditional Use Permit shall conform the permitted Wireless
<br /> Telecommunications Facilities to the applicable changed and/or modified
<br /> rule, regulation, standard, or provision within a maximum of twenty-
<br /> four (24) months of the effective date of the applicable changed and/or
<br /> modified rule, regulation, standard, or provision, or sooner as may be
<br /> required by the issuing entity.
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<br />Section 31. Conflict with Other Laws.
<br />Where this Ordinance differs or conflicts with other Laws, rules and
<br />regulations, unless the right to do so is preempted or prohibited by the
<br />County, State or federal government, this Ordinance shall apply.
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<br />Section 32. Effective Date.
<br />This Ordinance shall be effective immediately upon passage, pursuant to
<br />applicable legal and procedural requirements.
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