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January 13, 2004 <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 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 a use permit is hereby granted pursuant to Section 40-43.1 of the Code <br />of the City of Portsmouth, Virginia (1988) for the construction and operation of an empty <br />container storage facility, and being more particularly described as a portion of property <br />owned by CSX Transportation at 800 Constitution Avenue, but specifically excluding all <br />property for which a use permit to operate a trucking company without storage was <br />approved by City Council on October 28, 2003. <br /> <br /> 3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br /> (a) No more than 2,000 containers may be stored on site at any one time. <br />The owner/operator shall maintain a log showing the date each container arrived at the <br />site and the date of removal. No individual shipping containers shall be stored on the <br />site longer than twelve months. Containers shall be stacked no more than four (4) <br />containers high. <br /> <br /> (b) In order to maintain a buffer between the container yard and residential <br />areas to the south of the site, containers shall not be stacked south of the railroad lines. <br /> <br /> (c) In order to maintain the natural buffer, no mature trees shall be removed <br />from the site. <br /> <br /> (d) All containers stacked to the east of the Transfer Logistics office shall be <br />located behind the existing tree line to minimize impacts to nearby neighborhoods. <br /> <br /> (e) A site plan shall be submitted to and approved by the Planning Director for <br />fencing and landscaping, pursuant to Condition 56 of Section 40-43.4 of the City of <br />Portsmouth Zoning Ordinance. <br /> <br /> (f) The entrance driveway shall be paved into the site, pursuant to Condition <br />56 of Section 40-43.4 of the City of Portsmouth Zoning Ordinance. A site plan for <br />paving and installation of any wash racks or other road improvements on the site shall <br />be submitted to and approved by the City Engineer. <br /> <br /> (g) <br />- 6:00 p.m. <br /> <br />Hours of operation shall be restricted to Monday through Friday, 7:00 a.m. <br /> <br /> (h) The applicant and any successor in interest shall comply with all <br />applicable codes, ordinances and regulations of federal, state and local governments <br />and shall obtain and maintain all required licenses and permits. <br /> <br /> <br />