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Minutes 09/23/2008
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Minutes 09/23/2008
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<br />September 23. 2008 <br /> <br />(k) The proposed business shall operate in accordance with federal, state and local <br />regulations, including the Uniform Statewide Building Code. <br /> <br />(I) All taxes and fees in connection with the proposed use shall be paid when due. <br /> <br />(m) The applicant must obtain and keep current any operating licenses required by <br />the Commonwealth of Virginia. <br /> <br />(n) The owners and/or operators of the establishment shall not violate any laws of <br />the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. <br /> <br />(0) If the Chief of Police, in his discretion, determines that there are sufficient <br />violations of this type to comprise a significant law enforcement problem, he shall so <br />notify the applicant in writing and shall provide a copy of such notice to the Director of <br />Planning. . <br /> <br />If, within six months of the date of such letter, the Director of Planning determines that <br />the offenses against peace and good order are continuing, then he may initiate <br />proceedings for the revocation of this permit. Provided, however, that if at any time <br />problems exist of such a severity that the Chief of Police determines that there is a <br />significant risk to public safety or peace and good order of such proportions as to create <br />a risk of blight, revocation proceedings may be initiated by the Director of Planning <br />regardless of the six-month requirement. <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 />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />Motion by Mr. Smith, and seconded by Mr. Moody, to adopt the following <br />ordinance approved on first reading at the September 9, 2008 meeting, and was <br />adopted by the following vote: <br /> <br />08-373 (c): <br />"ZONING AMENDMENT ORDINANCE Z-08-05." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />Motion by Mr. Moody, and seconded by Ms. Randall, to adopt the following <br />resolution approved on first reading at the September 9, 2008 meeting, and was <br />adopted by the following vote: <br /> <br />08-373 (d): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-08-11) TO CINGULAR WIRELESS <br />PCS, L.L.C., TO CONSTRUCT AND OPERATE A COMMUNICATIONS TOWER AT <br />2600 AIRLINE BOULEVARD. <br /> <br />WHEREAS, Cingular Wireless PCS, L.L.C., has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of <br />a use permit (UP-08-11) to construct and operate a communications tower at 2600 <br />Airline Boulevard, Portsmouth, Virginia; 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 />
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