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2002-016
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2002-016
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Last modified
3/26/2019 12:20:49 PM
Creation date
9/30/2015 3:45:32 PM
Metadata
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Ordinances
Ordinance Number
2002-016
Adopted Date
04/02/2002
Ordinance Type
Wireless Telecommunications
State Filed Date
04\10\2002
Code Number
Chapter 911; Chapter 971
Subject
Wireless Telecommunications Facilities
Cell Phone Tower
Codified or Exempt
Codified
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
830
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a f" l <br />ORDINANCE NO. 2002- 016 <br />reimbursement <br />pursuant <br />to this section shall <br />abate <br />the pending application <br />until <br />paid <br />in full. <br />Sec. 7. Abandonment. <br />(a) In the event all legally approved use of any wireless communications facility <br />has been discontinued for a period of six (6) months, the facility shall be <br />deemed to be abandoned. Determination of the date of abandonment shall be <br />made the Plannins4 Director who shall have the right to request documentation <br />and/or affidavits from the facility owner regarding the issue of wireless <br />communications facility usa ze, including evidence that use of the wireless <br />communications facility is imminent. <br />(b) At such time as the Planning Director reasonably determines that a wireless <br />communications facility is abandoned, the Planning Director shall provide the <br />facility owner with written notice of an abandonment determination by <br />certified mail. Failure or refusal by the owner to respond within sixty (60) <br />days of receipt of such notice shall constitute prima facie evidence that the <br />wireless communications facility has been abandoned. <br />() If the owner of the wireless communications facility fails to respond or fails to <br />demonstrate that the wireless communications facility is not abandoned, the <br />facility shall be considered abandoned and the owner of the facility shall have <br />an additional one hundred twenty (120) days within which to: (i) reactivate the <br />use of the wireless communications facility or transfer the wireless <br />communications facility to another owner who makes actual use of the facility <br />within the one -hundred -twenty -day period, or (ii) dismantle and remove the <br />wireless communications facility. <br />(d) Prior to issuance of a building permit for a wireless communications facility, <br />the underlying, property owner shall acknowledge in writing, in a manner <br />acceptable to the county attorney's office his or her responsibilities as the <br />property owner to perform or contract to perform and pay all costs associated <br />with dismantling and properly removing and disposing of an abandoned <br />wireless communications facility. <br />Sec. 8. Wireless Master Plan <br />An applicant for a wireless communication facility may elect to participate in the <br />County's Wireless Master Plan ("Plan"). Participants in the Plan will not be required to <br />have a public hearingow proposed facility included in the Plan and will not be <br />assessed the expert review fee set forth in 971.44(5) Section 6 above, but will be required <br />to pay building 12ermit fees and the wireless master plan fee established below. To <br />develop and maintain the Plan the County's consultant shall use signal propagation <br />UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless <br />ordinancepzc31402.doc <br />
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