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Article 5: Uses 120 Section 5.10: Standards for Telecommunication Facilities Under the following circumstances, the County may determine that the health, safety, and welfare interests of the County warrant and require facility removal: (1) Facilities that have been abandoned (i.e. not used as facilities)for a period exceeding 90 consecutive days or a total of 180 days in any 365 day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days of abandonment; (2) Permitted facilities fall into such a state of disrepair that it creates a health or safety hazard; (3) Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Special Use Permit, or any other necessary authorization and the Special Use Permit may be revoked. (C) If the County makes such a determination as noted above, then the County shall notify the holder of the Special Use Permit for the facility within 48 hours that said facility shall be removed. (D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and remove such facility, and all associated structures, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the County. However, if the owner of the property upon which the facility are located wishes to retain any access to the facility, the owner may do so with the approval of the County. (E) If a facility is not removed or substantial progress has not been made to remove the facilities within 90 days after the permit holder has received notice, then the County may order officials or representatives of the County to remove the facility at the sole expense of the owner or Special Use Permit holder. (F) If the County removes, or causes to be removed a facility, and the facility owner does not claim and remove it from the site to a lawful location within ten days, then the County may take steps to declare the facility abandoned, and sell them and their components. (G) Temporary Use Permit/Agreement (1) Notwithstanding anything in this Section to the contrary, the County may approve a temporary use permit/agreement for the facility, for no more than 90 days, during which time the holder of the Special Use Permit shall develop a suitable plan for facility removal, conversion, or re-location, subject to the approval of the County, and the holder of the Special Use Permit and the County shall execute an agreement to such plan. (2) If such a plan is not developed, approved and executed within the 90 day time period, then the County may take possession of and dispose of the affected facility in the manner provided in this Section and utilize the bond. 5.10.10 Ham Radio Antenna 168 (A) Standards of Evaluation (1) Shall be for the private use of the property owner on which they are located. (2) Shall not exceed 90 ft. in height.169 (3) Minimum setbacks from the base of the antenna to the property boundary shall be equal to 110% of the tower height. 170 168 As indicated herein there was a 2007 State law requiring local government to allow for reasonable access to personal ham radio antenna. Staff is proposing to modify the UDO to ensure this allowance is provided for. 169 90 ft. of allowable height is specifically referenced in the State law. Staff is again incorporating the specific allowance with the UDO as part of this amendment package. 170 Setback standards are the same for a telecommunication facility(i.e. cell tower). Orange County, North Carolina—Unified Development Ordinance Page 5-133