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Minutes 09/25/2012
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Minutes 09/25/2012
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September 25, 2012 <br />i. That the non-ionizing electromagnetic radiation (NIER) that will be emitted from <br />the proposed facility, along with others on the same structure or in the immediate <br />vicinity, will not exceed exposure standards of the U.S. government; and <br />iii. The tower will not cause interference with any equipment such as radio, <br />television and computers operated by users on adjacent properties <br />(g) The applicant must obtain and keep current any required operating licenses and <br />shall operate in accordance with federal, state and local regulations. <br />(h) All taxes and fees in connection with the proposed use shall be paid when due. <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 />12-364 (d): <br />"ZONING AMENDMENT ORDINANCE Z-12-03." <br />12-364 (e): <br />"ORDINANCE TO AMEND CHAPTER 33.1 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 33.1-15, 33.1-23, 33.1- <br />26, AND 33.1-51 AND BY REPEALING SECTION 33.1-52 THEREOF PERTAINING <br />TO SUBDIVISIONS." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Randall, Whitehurst, Wright <br />Nays: None <br />12-364 -Use permit: <br />Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following <br />resolution approved on first reading at the September 11, 2012 meeting, and was <br />adopted by the following vote: <br />12-364 (c): <br />"RESOLUTION GRANTING A USE PERMIT (UP-12-09) TO NTELOS WIRELESS TO <br />CONSTRUCT AND OPERATE A TELECOMMUNICATIONS TOWER AT 5559 <br />PORTSMOUTH BOULEVARD. <br />WHEREAS, nTelos Wireless has made application pursuant to Section 40.1- <br />2.3 B of the Code of the City of Portsmouth, Virginia (2006) for the granting of a use <br />permit for the construction and operation of a telecommunications tower at 5559 <br />Portsmouth Boulevard, Portsmouth, Virginia; and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />1. That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />
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