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January 14 1997 <br /> <br />019 <br /> <br /> (e) Will be in accordance with the purposes of the City of PortsmoUth Zoning <br />Ordinance. <br /> <br /> 2. That AT&T Wireless Services, Inc., is hereby granted a use permit <br />pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for <br />the construction of a use permit pursuant to Section 40-43.1 of the Code of the City <br />of Portsmouth, Virginia (1988) for the construction of a communications tower <br />located at 1050 Hodges Ferry Road, and being more particularly described as: <br /> <br />UP-96-23 <br /> <br /> Beginning on the western right-of-way line of Hodges Fer[y Road <br />approximately 503 feet from the southwestern corner of Hodges Ferry Road and <br />Portsmouth Boulevard to a point of beginning; thence southwest 257.42 feet to a <br />point; thence northwest 119.30 feet to a point; thence northwest 313 feet to a point; <br />thence southwest 45.17 feet to a point; thence southeast 211.56 feet to a point; <br />thence southeast 162.86 feet to a point; thence northeast 480.77 feet to the northern <br />right-of-way of Hodges Ferry Road; thence northwest 47.31 feet to a point of <br />beginning, <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) The tower shall not exceed 150 feet in height and shall be equipped and <br />made available to accommodate at least two additional users. <br /> <br /> (b) The style of the tower will be a monopole with 9 to 12 panel antennas as <br />shown in on the applicant's site plan. <br /> <br /> (c) The exterior of the tower shall be an unpainted galvanized finish. No <br />markings or lighting shall be used on the tower unless required by the Federal <br />Aviation Administration (FAA). <br /> <br /> (d) The use permit shall become void if the tower becomes unused or <br />obsolete. In the event that the permit becomes void, the tower must be removed <br />within 12 months. <br /> <br />(e) No signs or advertising maybe attached to the tower. <br /> <br /> (f) The facility must be secured and screened with a privacy fence at least six <br />feet in height or with a chain link fence and wax myrtles. Existing trees adjacent to <br />the facility must be preserved. <br /> <br /> (g) Prior to issuance of a building permit, the applicant must submit plans to <br />the Building Official, certified by a qualified professional engineer, that the tower will <br />meet all requirements of the building code and the requirements of EIA-222F, <br />Structural Standards for Steel Antenna Towers and Antenna Supporting Structures. <br /> <br /> (h) Prior to construction, the applicant must obtain any necessary temporary <br />easements from the adjacent shopping center. <br /> <br /> (i) Prior to issuance of a building permit, the applicant must provide the <br />Director of Planning with a statement from a qualified professional engineer, that the <br />non-electromagnetic radiation (NIER) emitted from the proposed facility and any <br />adjacent facilities, will not result in ground level exposures exceeding standards <br />established by any U.S. government agency and the American Standards institute. <br /> <br /> 4. EXPIRATION OF PERMIT: If operation of the facility is not commenced <br />within two years of the date hereof, the use permit shall expire, <br /> <br /> 5. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br /> <br />