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AN ORDINANCE TO AMEND CHAP~i~ 40 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 40-43.4 <br />THEREOF PERTAINING TO FLEA MARKETS. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virgima: <br /> <br /> 1. That Condition 66 of Section 40-43.4 of the Code of the City of <br />Portsmouth. Virginia (1988) be amended and mordained to read as follows: <br /> <br />Sec. 40-43.4. Conditions for specific uses. <br /> <br /> The following conditions apply to the specified uses, as indicated in the <br />"Condition" column on the use schedule: <br /> <br /> (66) Establishments meeting the definition of"flea market" in section 40-22 are <br />permitted by right only in the M-2 district and only after approval ora use permit in the <br />M-t district. The City Manager or his designee may permit flea markets in city-owned or <br />city-controlled garages in the D-1 subdistricts. Such flea markets are prohibited in all <br />other districts. <br /> <br /> 2. That this amendment to the Zoning Code shall remain in effect only until <br />City Council's second regular meeting in September 2003. <br /> <br /> 3. That, at said meeting, the City Council shall consider whether to make the <br />amendment permanent, after considering a report by the City Manager conceming the <br />City's actual experience and the City Manager's recommendations. <br /> <br /> 4. That. if City Council fails to vote affirmatively to make the amendment <br />permanent_ the amendment shall expire, and flea markets will no longer be permitted in <br />the D-1 subdistricts. <br /> <br />That this amendment shall take effect on the date of its adoption. <br /> <br /> ADOPTED by the Council of the City of Portsmouth. Virginia at a meeting held <br />on May 27, 2003. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />