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in the Portsmouth Circuit Court Clerk's Office as Instrument Number 007208. 5. That the proffers included as conditions in Zoning Amendment Ordinance Z-20-06 are hereby amended and restated in their entirety, and that the sole proffered conditions affecting the zoning of the subject property shall be those set forth in Section 6 of this Ordinance, below. 6. That the subject property shall be subject to the following conditions as proffered by the applicant for rezoning, which conditions shall be binding upon the applicant and all successors in title or interest: (a) Fairlead will cease all operations that will cause noise, dust, or other nuisance type activities before and during events at the Atlantic Bank Pavilion, and those operations shall not commence for a minimum of 1 hour after the conclusion of all scheduled events and activities at the Pavilion. (b) The proposed development shall be in substantial compliance with the Concept Plan entitled North Pier Proposal, prepared by Fairlead dated December 18, 2024, and the Rendered Concept Elevations depicting screening and vegetation in planters, prepared by Fairlead dated December 18, 2024, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. (c) Fairlead will comply with uses for Zoning District IN as stated in Portsmouth Zoning Ordinance (Chapter 40.2-211 through 40.2- 216) and further proffers the following prohibited uses: (i) Adult Day Care (ii) Child Day Care Center (iii) Drug and Alcohol Treatment Facility (iv) Medical or Dental Clinic/Office (v) Psychiatric Treatment Facility (vi) Civic, Social or Fraternal Clubs or Lodges (vii) Correctional Facility (viii) Community Garden (ix) Park, Public and Private (x) Taxicab Service (xi) Broadcasting or Communication Tower (xii) Tele -communication Tower, Freestanding (xiii) Utility, Major, Minor (xiv) Adult Entertainment Center (xv) Adult Retail Store (xvi) Animal Grooming