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AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, 1988, BY AMENDING SECTIONS 40-31, 40-69(a), and 40-71(b) THEREOF, PERTAINING TO OUTDOOR FLEA MARKETS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 40-31 of the Code of the City of Portsmouth, Virginia, 1988, be amended to define "flea markets" as follows: Section 40-31. Definitions. FLEA MARKETS: Any premises where new or used personal property, including but not limited to, household goods or furnishings, personal effects, tools, art work, small household appliances, motor vehicle parts or accessories, and similar merchandise, objects or equipment are sold or displayed in open air or in partially enclosed booths or stalls, not within a wholly enclosed building, or from a motor vehicle or trailer, as defined in Section 46.2-100 of the Code of Virginia, 1950. The term "flea market" shall not be deemed to include an establishment or business whose primary purpose is to sell motor vehicles. 2. That Section 40-69(a)of the Code of the City of Portsmouth, Virginia, 1988, be amended by including therein, the following use: Flea markets, provided that no outdoor sales or display areas shall be located closer than 30 feet from any street right-of-way and that one off-street parking space meeting the requirements of Section 40-48 shall be provided for each 20D square feet of sales and display area. Any outdoor flea market abutting residential p~operty is subject to the screening requirements of Section 40-44. 3. That Section 40-71(b) of the Code of the City of Portsmouth, Virginia, 1988, be amended by deleting therefrom, the following use: Flea markets. 4. That this ordinance shall of its adoption. take effect from the date Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held March 27, 1990. Teste: City Clerk