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<br /> <br />2. That Anderson Enterprises, LLC, is hereby granted a use permit pursuant to Section <br />40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) to operate a motorcycle sales <br />and servicing business, to include the sale of accessories and apparel, at 5731 and 5735 <br />Portsmouth Boulevard, and being more particularly described as: <br /> <br />UP-ll-05 <br /> <br />5731 and 5735 Portsmouth Boulevard <br /> <br />Beginning at a point 386 feet west of the <br />southwest corner of Elmhurst Lane and Portsmouth <br />Boulevard, then 335 feet at a bearing of 812'21 'OOW, <br />then 140 feet at a bearing ofN7T39'00W, then 335 feet <br />at a bearing of NI2'21'00E, and then 140 feet at a <br />bearing of 87T39'00E to the point of beginning, and <br />consisting of tax map parcel # 0447-0050. <br /> <br />3. That the use permit is approved subject to the following conditions which shall be <br />observed by the applicant and any successor in interest: <br /> <br />(a) A vegetative buffer meeting the standards for a Type D - Opaque buffer in the <br />Ordinance (Section 40.1-5.2 (E) shall be installed at the rear of the property prior to obtaining a <br />certificate of occupancy from the City. <br />(b) All repairs of motorized vehicles and equipment shall be conducted inside a <br />properly vented full enclosed building. The revving of engines outdoors by employees shall be <br />prohibited. <br />(c) The regular hours of operation shall be limited to Monday through Friday 9:00 <br />a.m. to 7:00 p.m., Saturdays 9:00 a.m. to 2:00 p.m. and closed on Sunday. Special events may <br />be held outside ofthese hours no more than four times in any calendar year. <br />(d) Prior to issuance of any building permits, building plans and plans for all on site <br />improvements shall be submitted and approved by the City, and in particular: <br />(1) The front parking lot modification as shown on the sketch plan <br />submitted with the application in accordance with the ordinance <br />requirements; <br />(2) The Type-D vegetative buffer in accordance with the ordinance <br />requirements. <br />(3) The removal of the obsolete sign and the installation of a new pole <br />SIgn. <br />(e) The applicant must obtain and keep current any required operating licenses and <br />shall operate in accordance with federal, state and local regulations. <br />(f) All taxes and fees in connection with the proposed use shall be paid when due. <br />(g) The owners and/or operators of the establishment shall not violate any laws of the <br />Commonwealth or ordinances of the City related to noise, peace and good order, not suffer <br />