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January 23, 2001 <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 /> <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 Dominion Virginia Power is hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the erection of <br />a replacement monopole communications tower on property located at 1600 Hamilton <br />Avenue, and being more particularly described as: <br /> <br />UP-O0-18 <br /> <br /> Beginning at a point 60'+ west of the southeast corner of <br />the intersection of Hamilton Avenue and Columbia Street; <br />thence, east 380'+ to a point; thence, in a southwesterly <br />direction 95'+ to a point; thence, south 10'+ to a point; thence, <br />in a southwesterly direction 215'+ to a point; thence, west 225'+ <br />to a point; thence, north 275'+ to the point of the beginning. <br /> <br />3. That the use permit is approved subject to the following conditions: <br /> <br /> (a) The tower shall not exceed 125 feet in height and shall be located 125 feet <br />from any adjacent property line. <br /> <br /> (b) No markings or lighting shall be utilized on the tower unless required by <br />the Federal Aviation Administration (FAA). <br /> <br /> (c) The style of the tower shall be a monopole steel tower that can <br />accommodate an additional user and shall be constructed on one of the locations <br />identified as Alternative A and Alternative B on the applicant's site plan, labeled Exhibit <br />A and attached hereto. <br /> <br /> (d) The existing obsolete communication tower shall be removed within <br />twelve months of commencement of use of the new monopole tower. <br /> <br /> (e) The use permit shall become void if the tower ceases to be used or <br />becomes obsolete, and the tower shall be removed at the expense of the applicant <br />within twelve months of the date of such event. <br /> <br /> (f) Prior to the issuance of a building permit, the applicant shall submit plans <br />to the Building Official, certified by a qualified professional engineer, that the tower will <br />meet all requirements of the Building Code. <br /> <br /> (g) Prior to the issuance of a building permit, the applicant must provide a <br />report from a qualified professional engineer regarding the levels of non- <br />electromagnetic radiation (NIER) emitted from the proposed facility and any adjacent <br />facilities. The report shall show the radiation levels will not exceed ground level <br />exposures exceeding standards established by any U.S. Government Agency and the <br />American Standards Institute. <br /> <br /> (h) The applicant shall be responsible for resolving any reception or broadcast <br />interference that the facility causes to any equipment such as radios, televisions, <br />computers, etc., operated by users within the area served by the tower. <br /> <br /> <br />