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NOW, THEREFORE, BE IT RESOLVED-by the Council of the City of Portsmouth, Virginia that: 1. A use permit for the operation of an eating establishment at 429 and 433 High Street is hereby granted subject to the following terms and conditions that shall apply to the applicant and any successor in interest: (a) The seating capacity of the eating establishment shall be 38 persons. (b) Days and hours of operation shall be 10:00 a.m. to 7:00 p.m., Monday through Saturday, and 12:00 p.m. to 5:00 p.m. on Sunday. (c) The proposed business shall comply with the submitted floor plan. (d) Two (2) off-street parking spaces shall be maintained for the proposed business. (e) Signage and exterior changes to the structure shall be reviewed and approved by the Downtown Design Committee. (f) The proposed business shall comply with the submitted trash-handling plan approved by the Department of General Services on February 13, 2004, which allows for city trash removal and the placement of the trash containers at the rear of the establishment. (g) All taxes and fees in connection with the subject property and the proposed use shall be paid when due. (h) The applicant shall obtain all required licenses and permits and shall maintain them in full force and effect. 2. EXPIRATION OF PERMIT: Unless extended as provided under Section 40-106.1 of the Code of the City of Portsmouth, Virginia (1988), the use permit shall expire for any portion of the approved project for which building permits have not been issued if the applicant fails to apply for all building permits for the entire project within one year of the adoption of this resolution. 3. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the permit by the City Council. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on April 27, 2004. Teste: City Clerk