Orange County NC Website
Browse       Search
217 <br /> Article 5: Uses <br /> Section 5.11:Standards for Waste Management Facilities <br /> (1) Facilities that have been abandoned (i.e.not used as facilities)for a period <br /> exceeding 90 consecutive days or a total of 180 days in any 365 day period, <br /> except for periods caused by force majeure or Acts of God, in which case,repair <br /> or removal shall commence within 90 days of abandonment; <br /> (2) Permitted facilities fall into such a state of disrepair that it creates a health or <br /> safety hazard; <br /> (3) Facilities have been located,constructed,or modified without first obtaining,or in <br /> a manner not authorized by,the required Special Use Permit or Conditional <br /> District approval,or any other necessary authorization and the Special Use <br /> Drcrrmx"'i}development approval may be revoked. <br /> (C) If the County makes such a determination as noted above,then the County shall notify <br /> the holder of the Sp8da' Use Per ,;+development approval for the facility within 48 <br /> hours that said facility shall be removed. <br /> (D) The holder of the Special Use Per +development approval,or its successors or <br /> assigns,shall dismantle and remove such facility,and all associated structures,from <br /> the site and restore the site to as close to its original condition as is possible,such <br /> restoration being limited only by physical or commercial impracticability,within 90 days <br /> of receipt of written notice from the County. However, if the owner of the property upon <br /> which the facility are located wishes to retain any access to the facility,the owner may <br /> do so with the approval of the County. <br /> (E) If a facility is not removed or substantial progress has not been made to remove the <br /> facilities within 90 days after the permit holder has received notice,then the County <br /> may order officials or representatives of the County to remove the facility at the sole <br /> expense of the owner or Special Use oormitdevelopment approval holder. <br /> (F) If the County removes,or causes to be removed a facility,and the facility owner does <br /> not claim and remove it from the site to a lawful location within ten days,then the <br /> County may take steps to declare the facility abandoned,and sell them and their <br /> components. <br /> (G) Temporary Use Permit/Agreement <br /> (1) Notwithstanding anything in this Section to the contrary,the County may approve <br /> a temporary use permit/agreement for the facility,for no more than 90 days, <br /> during which time the holder of the Special Use Per development approval <br /> shall develop a suitable plan for facility removal,conversion,or re-location, <br /> subject to the approval of the County,and the holder of the SpeG al Use <br /> Rprmitclevelopment approval and the County shall execute an agreement to such <br /> plan. <br /> (2) If such a plan is not developed,approved and executed within the 90 day time <br /> period,then the County may take possession of and dispose of the affected <br /> facility in the manner provided in this Section and utilize the bond. <br /> 5.10.10 Ham Radio Antenna <br /> (A) Standards of Evaluation <br /> (1) Shall be for the private use of the property owner on which they are located. <br /> (2) Shall not exceed 90 ft.in height. <br /> (3) Minimum setbacks from the base of the antenna to the property boundary shall <br /> be equal to 110%of the tower height. <br /> Orange County,North Carolina—Unified Development Ordinance Page 5-98 <br />