Any antenna, mobile service facility, or mobile service support
structure that is not operated for a continuous period of 12 months
shall be considered abandoned. Upon application, the Planning and
Zoning Committee may extend the time limit to abandon once for an
additional twelve-month period. Such extension shall be based on the
finding that the owner or permit holder is actively seeking tenants
for the site. After the expiration of the time periods established
above, the following shall apply:
A.
The owner of such antenna, mobile service facility or mobile service support structure shall remove said antenna, mobile service facility or mobile service support structure, including all supporting equipment, building(s) and foundations to the depth as otherwise herein required within 90 days of receipt of notice from the Planning and Zoning Department notifying the owner of such abandonment. If removal to the satisfaction of the Planning and Zoning Department does not occur within said 90 days, the Adams County Planning and Zoning Administrator may order removal utilizing the established bond as provided under § 386-14B and salvage said antenna, mobile service facility or mobile service support structure, including all supporting equipment and building(s). If there are two or more users of a single mobile service support structure, then this provision shall not become effective until all operations of the mobile service support structure cease.
B.
The recipient of a zoning permit allowing a mobile service support
structure and facility under this chapter, or the current owner or
operator, shall notify the Adams County Planning and Zoning Department
within 45 days of the date when the mobile service facility is no
longer in operation.
Any person, firm, or corporation who or which fails to comply
with the provisions of this chapter shall, upon conviction thereof,
forfeit not less than $50 nor more than $500 and costs of prosecution
for each violation and, in default of payment of such forfeiture and
costs, shall be imprisoned in the County jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense. In addition, the Planning and
Zoning Department may seek injunctive relief from a court of record
to enjoin further violations.
