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<br />AUQust 23. 2005 <br /> <br />(b) Will not be detrimental to the public use or InJurious to the property or <br />improvements in the neighborhood; <br /> <br />(c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br />(d) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient traffic movement; <br />and <br /> <br />(e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br />2. That a use permit is hereby granted pursuant to Section 40-43.1 of the <br />Code of the City of Portsmouth, Virginia (1988) for the extension of the height of an <br />existing cellular tower and the collocation of new communication equipment thereon, <br />and being more particularly described as: <br /> <br />UP-05-19 <br /> <br />Beginning at a point 318.02'::1: west of the northwest corner of George Washington <br />Highway and Alabama Avenue; thence in a northeasterly direction 350'::1: to a point; <br />thence, in an easterly direction 142'::1: to a point; thence, in a southeasterly direction <br />317.17'::1: to a point; thence, in a southwesterly direction 41.59'::1: to a point; thence, <br />In a northwesterly direction 120.94'::1: to a point; thence, in a westerly direction <br />108.89'::1: to a point; thence, in a southwesterly direction 129.83'::1: to a point; thence, <br />in a southerly direction 15.89'::1: to a point; thence, in a westerly direction 82.28'::1: to <br />a point of the beginning. <br /> <br />3. That the use permit is approved subject to the following conditions which the <br />applicant and any successor in interest shall observe: <br /> <br />(a) The tower shall not exceed a total height of 140 feet. The proposed extension <br />shall not exceed 20 feet in height. <br /> <br />(b) No markings or lighting shall be utilized on the tower unless required by the <br />Federal Aviation Administration (FAA). <br /> <br />(c) The tower shall be constructed as outlined in the submitted plan, including new <br />20' x 37' fencing around the perimeter of the tower. The fence shall be constructed of <br />the same material as the existing fencing (i.e. 8 foot chainlink fence). <br /> <br />(d) Prior to the issuance of a building permit, the applicant shall obtain a <br />Chesapeake Bay Exception. <br /> <br />(e) Prior to the issuance of building permit, the applicant shall submit plans to the <br />City Building Official, certified by a qualified professional engineer, that the tower will <br />meet all requirements of Statewide Building Code. <br /> <br />(f) The applicant shall comply with the submitted RF Emissions Compliance Report <br />(dated 5/16/05) of which details the proposed levels of non-electromagnetic radiation <br />(NIER) emitted from the proposed tower and ensures that the radiation levels will not <br />exceed ground level exposure standards established by the American Standards <br />Institute and other U.S. Government Agencies. <br /> <br />(g) The applicant shall be responsible for resolving any interference the facility <br />causes to any equipment such as radios, televisions, cellular phones, computers, etc. <br />operated by users within the area. <br /> <br />(h) The use permit shall become null and void if the tower is unused or becomes <br />obsolete. In the event the use permit becomes void, the tower shall be removed within <br />twelve months. <br />