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2. That PER Properties, Inc. is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to operate a concrete processing facility, including the use of portable stone crushing equipment, and to deviate from the access and screening requirements for heavy industrial facilities in the Heavy Industrial (IN) zoning district, at 3991 Elm Avenue, Portsmouth, Virginia, and being more particularly described as: UP-15-OS 3991 Elm Avenue (Tax Parce10387-0100) ALL THAT certain lot, piece or parcel of land, together with any improvements thereon, situate, lying and being in the City of Portsmouth, Virginia, as shown on a plat of survey dated March 17, 2010, prepared by Stephen I. Boone & Associates, P.C., entitled, "Boundary Survey Of The Property Of Portsmouth Port And Industrial Commission Portsmouth, Virginia", and recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 22, at pages 109 and 110. BEING the property conveyed to PER Properties, Inc. by Deed from Portsmouth Port and Industrial Commission dated October 28, 2010 and recorded in the Portsmouth Circuit Court Clerk's Office as Instrument Number 100010590. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The development of the site shall be in substantial conformity with the concept plan titled Portsmouth Terminal Facility prepared by Gallup Surveyors & Engineers and dated January 20, 2015 except as may be necessary to comply with any modifications required by State laws and regulations or the Portsmouth City Code during site plan review and approval. (b) The operation of the aggregate crushing equipment will be limited to the hours of 6 am to 6 pm, except as may be allowed by the Planning Director during construction of the port terminal or during emergency situations.