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<br />. <br /> <br />. <br /> <br />. <br /> <br />UP-05-18 <br /> <br />Beginning at a point 3l7.29':t south of the <br />southwest corner of Portsmouth Boulevard and Hodges <br />Ferry Road; thence in a westerly direction 134.45':t to a <br />point; thence, in a southerly direction l61.39':t to a point; <br />thence, in an easterly direction 86.94':t to a point; thence, <br />in an easterly direction 59.20':t to a point; thence, in an <br />easterly direction 42.43':t to a point; thence, in a northerly <br />direction 71.46':t to a point ofthe beginning. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />the applicant and any successor in interest shall observe: <br /> <br />(a) Hours of operation shall be limited to 7:00 a.m. to I :00 a.m. daily. <br /> <br />(b) The occupancy shall be limited to seventy-five (75) seats. <br /> <br />(c) The applicant shall provide nineteen (19) parking spaces for the proposed <br />use, as required by Section 40-45.3 (Off-Street Parking) of the Portsmouth <br />City Code. <br /> <br />(d) <br /> <br />Customers of the establishment shall utilize the parking spaces in the <br />adjacent commercial shopping center parking lot. <br /> <br />(e) The proposed business shall operate in accordance with federal, state and <br />local regulations. <br /> <br />(f) The proposed business shall comply with the approved Trash Handling <br />Plan approved by the Department of General Services on May 13, 2005. <br />The plan includes the continued use of a private waste hauler. <br /> <br />(g) <br /> <br />The applicant shall not violate any laws of the Commonwealth or <br />ordinances of the City related to peace and good order, nor suffer repeated <br />chronic violations by any of its patrons or customers. If the Chief of <br />Police, in his discretion, determines that there are sufficient violations of <br />this type to comprise a significant law enforcement problem, then he shall <br />so notify the applicant in writing and shall offer to meet to provide advice <br />on how to lessen and avoid repeated offenses against peace and good <br />order. A copy of this letter shall be provided to the Director of Planning <br />and Zoning. If, within six months of the date of this letter, said Director, <br />in his discretion, determines that offences against peace and good order <br />are continuing, then he may initiate proceedings for the revocation of this <br />permit. Provided, however, that if problems of peace and good order are <br />of such severity that the Chief of Police determines that there is a <br />