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<br />2. That nTelos Wireless is hereby granted a use permit pursuant to Section 40.1- <br />2.3B of the Code of the City of Portsmouth, Virginia (2006) for the construction and <br />operation of a telecommunications tower at 5559 Portsmouth Boulevard, and being more <br />particularly described as: <br /> <br />UP-12-09 <br /> <br />5559 Portsmouth Boulevard <br /> <br />Property now or formerly owned by Haysom Street <br />Associates and designated as Tax Map No. 446, Map No. <br />152 and more specifically described in Deed Book 943, <br />page 743 in the Circuit Court Clerk's Office for the City of <br />Portsmouth, Virginia. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The development of the telecommunications tower and site and subsequent <br />installations of equipment, including the location of antenna on the interior of the <br />tower, shall be in substantial conformity with the concept plans prepared by BC <br />Architects/Engineers and dated May 29, 2012, except as may be necessary to <br />comply with the conditions below and during site plan review and approval. <br /> <br />(b) The tower shall be painted a color approved by the Director of Planning. <br /> <br />(c) No advertising signs shall be attached to the tower or the fence enclosure of the <br />site. <br /> <br />(d) Lighting will not be incorporated unless required by the FCC and FAA or <br />considered necessary for the security of the facility. <br /> <br />( e) All sides of the tower site should be fenced, screened, and landscaped in <br />accordance with Section 40.1-5.2 (F) and 40.1-5.10 of the City Zoning Ordinance <br />and as may otherwise be required by the Director of Planning. <br /> <br />(f) Prior to obtaining construction permits, a certified report from a qualified and <br />licensed professional engineer must be submitted to the Director of Planning <br />demonstrating that: <br /> <br />The proposed tower will meet the structural requirements of the <br />statewide building code and the requirements of EIA-222E. Structural <br />Standards for Steel Antenna Towers and Antenna Supporting Structures; <br /> <br />11. That the non-ionizing electromagnetic radiation (NIER) that will be <br />emitted from the proposed facility, along with others on the same <br />structure or in the immediate vicinity, will not exceed exposure standards <br />of the U.S. government; and <br />