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April 23, 2002 <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 movement; <br />and <br /> <br /> (e) Will be in accordance with the purposes of the City of Portsmouth Zoning <br />Ordinance. <br /> <br /> 2. That Logan Raye's, Inc., is hereby granted a use permit pursuant to Section <br />40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the operation of a <br />restaurant at 450B Court Street, and being more particularly described as: <br /> <br />UP-02-03 <br /> <br />Beginning at the southwest corner of Court and Queen <br />Streets; thence south along the west side of the Court Street <br />right-of-way line 55+ feet to a side property line; thence west <br />along said line 155+ feet to a point; thence north 55+ feet to <br />the south right-of-way line of Queen Street; thence east <br />along said right-of-way 155+ feet to the west right-of-way line <br />of Court Street, the point of the origin. <br /> <br /> 3. That the use permit is approved subject to the following conditions which shall <br />be observed by the applicants and any successor in interest: <br /> <br /> (a) The facility shall be limited to 75 seats or such lower number of seats as may <br />be specified by the Fire Marshal. <br /> <br /> (b) The hours of operation shall be limited to Monday through Thursday from <br />11:00 a.m. to midnight, on Friday and Saturday from 11:00 a.m. to 1:00.m., and on <br />Sunday from 1:00 p.m. to midnight. <br /> <br /> (c) Entertainment shall be limited to live performances with only one <br />individual with only one unamplified musical instrument and/or recorded background <br />music. <br /> <br /> (d) The applicant shall not exceed noise levels permitted by the City's Noise <br />Ordinance. <br /> <br /> (¢) Any exterior renovations shall be approved by the Downtown Design <br />Committee prior to commencement of work. <br /> <br /> (t') The building must meet all applicable building codes and standards, <br />including the Americans with Disabilities Act (ADA) regulations, and the applicant shall <br />obtain and maintain in effect all necessary licenses and permits. <br /> <br /> (g) The restaurant shall be inspected annually by the City's Fire Prevention <br />Bureau, Public Health Department and Building Official. <br /> <br /> (h) The applicant shall provide a dumpster with screening and placement to <br />be approved by the Director of General Services prior to placement. Trash collection <br />shall comply with the requirements of Chapter 16 of the City Code. <br /> <br /> (i) The applicant shall lease parking spaces to be reserved specifically for <br />employee and owner parking. The number of employee parking spaces leased shall be <br />sufficient to accommodate the largest shift of employees between 8:00 a.m. and 5:00 <br />p.m.. Evidence and acceptance of such lease must be approved by the City Attorney's <br />Office. <br /> <br /> (j) All real estate taxes, personal property taxes, business license taxes, and <br />meal taxes owed or in connection with the subject property shall be paid in a timely <br />manner. <br /> <br /> <br />