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May 25, 1999 <br /> <br /> (d) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br /> (e) Will be a project that will be developed according to a plan for parking, <br />driveways, and curb cuts which will provide for safe and convenient traffic movement; <br />and <br /> <br /> (f) Will be in accordance with the purposes of the City of Portsmouth <br />Zoning Ordinance. <br /> <br /> 2. That Robert Conery is hereby granted a use permit pursuant to Section 40- <br />43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of an <br />entertainment establishment to be located at 600 Court Street, being more particularly <br />described as: <br /> <br />UP-99-05 <br /> <br /> Beginning at the northeast corner of King Street and Court <br />Street; thence, in a southerly direction 40'+ to a point; thence, in a <br />westerly direction 100'+ to a point; thence in a northerly direction <br />40'+ to a point; thence in an easterly direction 100'+ to a point of <br />the beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br />(a) <br /> <br />There shall be no more than 138 patrons in the establishment at <br /> <br />any time. <br /> <br /> (b) The hours of operations shall be limited to the hours of 10:30 AM to <br />2:00 AM, Monday through Saturday, and 4:00 PM to 2:00 AM on Sunday. <br /> <br /> (c) The applicant shall make exterior alterations to the frontages of the <br />building on Court and King Streets as illustrated on the architectural elevation board <br />labeled "Thumpers, 601 Court Street, Portsmouth, Virginia" and dated April 5, 1999 and <br />the board titled "Sign Detail." The door of the premises numbered 602 Court Street <br />shall be replaced with a glass door similar to the style of the main entrance door and <br />shall be used for emergency egress only. All alterations to the exterior of the building <br />must receive prior approval from the Downtown Design Committee which may, in <br />keeping with its guidelines, require alternative features to accomplish the same intent. <br />All exterior alterations must be completed prior to the issuance of a certificate of Use <br />and Occupancy. <br /> <br /> (d) The project shall be developed and operated in accordance with <br />the submitted site and floor plan, identified as Exhibits A and B, attached hereto and <br />made a part hereof. <br /> <br /> (e) The applicant shall obtain a parking exception to the required thirty- <br />five on-site parking spaces required by the Zoning Ordinance. <br /> <br /> (f) All activities conducted on this site shall be in compliance with <br />Section 24-255 of the City Code pertaining to loud disturbances and unnecessary noise <br />or sound. No amplified live music shall be permitted. <br /> <br /> (g) The applicant shall obtain a Commercial Re-inspection for the <br />facility from the Building Official, Fire Prevention bureau, and the Water Quality Division <br />of the Department of Public Utilities. <br /> <br /> (h) All taxes owed on the subject property or in connection with the <br />proposed operation shall be paid when due. <br /> <br /> (i) The applicant shall operate the entertainment establishment in <br />accordance with all applicable codes, ordinances and regulations of federal, state and <br />local governments, and shall obtain and maintain in effect all necessary licenses and <br />permits. <br /> <br /> <br />