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NOvember 26 1996 <br /> <br />1. That the use for which the permit hereinafter-described is sought: <br /> <br /> (a) Will not adversely affect the health and safety of persons residing or <br />working in the neighborhood of the proposed use; <br /> <br /> (b) Will not be detrimental to the public use or injurious to the property or <br />improvements in the neighborhood; <br /> <br /> (c) Will be provided with sufficient landscaping to insure compatibility with <br />surrounding uses; <br /> <br /> (d) 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 <br />movement; and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br />2. That Delores and John Spears are hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the <br />operation of a child day care facility on property located at 1407 Hamilton Avenue, <br />and being more particularly described as: <br /> <br />UP-96-20 <br /> <br />Beginning at the southeasl corner of the intersection of Hamilton Avenue and <br />Chancellor Street; thence, east 97.5'+ to a point; thence, south 102'+ to a point; <br />thence, west 97.5'+ to a point; thence, north 102'+ to the point of the beginning. <br /> <br />3. That this use permit is approved subject to the following conditions: <br /> <br /> (a) Occupancy of the facility shall be limited to twelve children, no more than <br />five of which shall be under the age of 2-1/2 years. <br /> <br /> (b) ndoor hours of operation shall be limited to the hours of 6:00 A.M <br />through 6:00 P.M. <br /> <br /> (c) Outdoor activities shall be limited to between the hours of 8:00 A.M. and <br />6:00 P.M. <br /> <br /> (d) The applicants' driveway shall be extended to Chancellor Street, as <br />shown on Exhibit A, attached hereto and made a part hereof, to allow ingress to and <br />egress from the site. <br /> <br /> (e) Prior to occupancy and at least annually thereafter, the facility shall <br />request an nspection Dy the Fire Prevention Bureau, the Public Health Department <br />and the Building Official and shall correct any noted deficiencies. <br /> <br /> (f) The facility shall comply with all applicable codes, ordinances and <br />regulations of federal, state and local governments, and shall obtain and maintain in <br />effect all necessary licenses and permits. <br /> <br />(g) The use permit shall not be transferable. <br /> <br /> (h) Prior to occupancy, the entire rear yard shall be enclosed with stockade <br />fencing which shall be maintained in good repair at all times. <br /> <br /> 4, EXPIRATION OF PERMIT: If the use has not commenced within two <br />years of the date hereof, the uSe permit shall expire. <br /> <br /> <br />