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<br />September 27, 2005 <br /> <br />(d) Prior to the issuance of a building permit, the applicant shall submit plans <br />to the City Building Official, certified by a qualified professional engineer, <br />demonstrating that the tower will meet all requirements of the Statewide Building <br />Code. <br /> <br />(e) The applicant shall comply with the submitted Radio Frequency (RF) <br />Emissions Report that details the proposed levels of non-electromagnetic <br />radiation emitted from the proposed tower and ensures that the radiation levels <br />will not exceed ground level exposure standards established by the American <br />Standards Institute and other U.S. Government Agencies. <br /> <br />(f) The applicant shall be responsible for resolving any interference the <br />facility causes to any equipment such as radios, televisions, cellular phones, <br />computers, etc., operated by users within the area. <br /> <br />(g) The use permit shall become null and void if the tower is unused or <br />becomes obsolete. In the event the use permit becomes void, the tower shall be <br />removed within twelve months. <br /> <br />4. 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 />05 - 408(e): <br />"ZONING AMENDMENT ORDINANCE Z-05-11." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Whitehurst, Holley <br />Nays: None <br /> <br />05 - 408 - Rezoning: <br /> <br />Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, approved on first reading at the September 13, 2005 meeting, and was <br />adopted by the following vote: <br /> <br />05 - 408( d): <br /> <br />"RESOLUTION GRANTING A USE PERMIT TO BUNDOR, L.L.C., TO OPERATE A <br />RESTAURANT AT 450B COURT STREET. <br /> <br />WHEREAS, Karl Dornemann, on behalf of Bundor, L.L.C., has made <br />application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia <br />(1988) for the granting of a use permit to operate a restaurant at 450B Court Street; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended granting the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That the use for which the permit hereinafter-described is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or <br />working in the neighborhood of the proposed use; <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 />