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2. That T- Mobile Communications is hereby granted a use permit pursuant to Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct and operate a 165 foot monopole telecommunications tower at 3910 Victory Boulevard, Portsmouth, Virginia, being more particularly described as: UP -17 -14 3910 Victory Boulevard (Tax Parcel 0526 -0029) ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Portsmouth, Virginia, and being known, numbered and designated as Parcel C-113-10, as shown on that certain plat entitled "Subdivision of Residual Parcel C -1B as shown on M.B. 18 PG. 222 -224 Portsmouth, Virginia ", prepared by Woolpert LLP, dated October 2001, and recorded in the Portsmouth Circuit Court Clerk's Office in Map Book 18 at Pages 236 -238. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The proposed development shall be in substantial compliance with the plans prepared by Allpro Consulting Group, Inc. dated October 19, 2017 (date issued for review) and submitted by the applicant, except where modifications may be required to comply with the City's Ordinance requirements. (b) The height of the telecommunications tower shall not exceed 165 feet measured from the ground surface immediately adjacent to the tower. (c) A Type B bufferyard as set forth in Section 40.1- 5.2(E) of the Portsmouth City Code shall be provided around the perimeter of the fenced compound surrounding the telecommunications tower, except at the access gate, and an alternative fencing material, other than chain link fencing, shall be installed to secure the site. The gate shall provide a screening method acceptable to the Director of Planning. (d) Any required operating licenses, approvals and permits for the telecommunications tower shall be obtained and kept current, and the telecommunications tower shall be operated in accordance with all federal, state and local laws and regulations.