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<br />September 23. 2008 <br /> <br />AND BEING the same property conveyed to Lindab Inc., a Delaware corporation from <br />Delaware Coca-Cola Bottling Company, Inc., a Delaware corporation by Deed of <br />Bargain and Sale dated July 15, 1993 and recorded July 29, 1993 in deed Book 1101, <br />Page 63A. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The tower shall not exceed a total height of 140 feet. The proposed lightening rod <br />shall not exceed 4 feet in height. <br /> <br />(b) The tower shall be constructed with flush mount antennas as indicated in the <br />submitted plan. <br /> <br />(c) The tower shall be developed to accommodate the applicant and at least two <br />additional users. <br /> <br />(d) The proposed communications tower compound shall be surrounded by black, <br />vinyl-coated chain link fencing that is a maximum of seven feet in height. The fencing <br />shall not contain barbed wire. <br /> <br />(e) The applicant shall plant 32 new wax myrtle shrubs to provide environmental <br />mitigation and screening for their proposed tower compound. The existing mature tree <br />canopy on the north side of the property shall be maintained to also provide screening <br />for the tower. <br /> <br />(f) The proposed equipment platform will be constructed at least one foot higher <br />than 8.5 foot base flood elevation. <br /> <br />(g) The tower and accompanying appurtenances shall be constructed as outlined in <br />the approved site plan. The project must be formally reviewed through the Site Plan <br />Review Process. <br /> <br />(h) Advertising and signs will not be attached to the tower. Towers not subject to <br />federal requirements will have a gray, galvanized or other appropriate finish. Towers <br />subject to federal regulations shall be painted in accordance with FCC or FAA <br />requirements. <br /> <br />(i) No markings or lighting shall be utilized on the tower unless required by the <br />Federal Aviation Administration (FAA). <br /> <br />(j) Prior to the issuance of a 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 the Statewide Building Code. <br /> <br />(k) The applicant shall comply with the submitted Radio Frequency (RF) Emissions <br />Report of which details the proposed levels of non-electromagnetic radiation emitted <br />from the proposed tower and ensures that the radiation levels will not exceed ground <br />level exposure standards established by the Federal Communications Commission <br />(FCC) and other U.S. Government Agencies. <br /> <br />(I) 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 />(m) 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 />