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O'f~"l' , f\UIi E NO ~?,g Q2::t<~..;. AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 40-50.6 AND TABLE 40-50.5 AND BY REPEALING SECTION 40-50.7 AND ADOPTING A NEW SECTION 40-50.7.1 PERTAINING TO THE MIXED USEIEMPLOYMENT CENTER ZONING DISTRICT. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 40-50.6 of the Code of the City of Portsmouth, Virginia (2006) be amended by amending subsection (b )(2)a and by adding a new subsection (b )(3) thereto to read as follows: Sec. 40-50.6. Allowable uses. (b)....... (2)a. The density of multifamily residential development shall not exceed 30 dwelling units per acre. The maximum density may be increased to 40 dwelling units per acre by obtaining a use permit. (3) Hotel. A hotel, including an extended stay facility and an all-suite facility, that provides four or more of the following services on site is not required to obtain a use permit. A hotel providing fewer than four of the following services must obtain a use permit. Services on site: Room Service Complimentary breakfast Pool Athletic fitness room with at least multiple machines for cardio or strength training Eating establishments/restaurants as an accessory use Lounge with entertainment by a single unamplified instrument Meetinglbanquet rooms Personal services, including but not limited to barber/beauty shop, shoe shine, dry cleaning pickup and delivery, concierge A use permit is not required for a restaurant, as defined in section 40-22, located in a hotel. A hotel shall not be deemed an entertainment establishment as defined by section 40-22 solely by virtue of leasing its meeting or banquet facilities. 2. That certain Residential and Lodging Uses contained in Table 40-50.5 of Section 40-50.6 of the Code of the City of Portsmouth, Virginia (2006) be amended as follows: