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<br />October 14. 2008 <br /> <br />(m) 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 />(n) 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 />(0) 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 /> <br />(p) In the construction and operation of the facility, the applicant shall comply with all <br />applicable codes, ordinances and regulations of federal, state and local governments <br />and shall obtain all necessary licenses and permits. <br /> <br />(q) All taxes and fees associated with the operation and the facility shall be paid <br />when due. <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 />08-403 (c): <br /> <br />"RESOLUTION GRANTING A USE PERMIT TO L. LOUISE LUCAS TO OPERATE <br />AN ADULT DAY SUPPORT PROGRAM AND AN ADULT RESIDENTIAL CARE <br />CENTER AT 2700 LONDON BOULEVARD. <br /> <br />WHEREAS, L. Louise Lucas has made application pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use permit to <br />operate an adult day program and an adult residential care center at 2700 London <br />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 /> <br />WHEREAS, the Planning Commission has recommended the granting of 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 it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />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 />