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<br />June 28. 2005 <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 <br />Code of the City of Portsmouth, Virginia (1988) for the operation of a restaurant at <br />3940 George Washington Highway, and being more particularly described as: <br /> <br />UP-05-12 <br /> <br />Beginning at a point on the eastern side of Washington <br />Street 115' +/- from the intersection of Washington Street and High <br />Street, thence in an easterly direction 177' +/- to a point, thence in a <br />southerly direction 51' +/- to a point, thence in a westerly direction <br />177' +/- to a point, thence in a northerly direction 51' +/- to the point <br />of beginning. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />the applicant and any successor in interest shall observe: <br /> <br />(a) The applicant shall be limited to a restaurant with a seating capacity of <br />fifty (50) seats. <br /> <br />(b) <br />2:00 a.m. <br /> <br />Hours of operation shall be Sunday through Saturday 11 :00 a.m. to <br /> <br />(c) The removal of trash shall be provided through a private commercial <br />waste hauler contract. <br /> <br />(d) The applicant shall comply with all applicable ordinances and regulations <br />of federal, state, and local governments and shall obtain and maintain all necessary <br />licenses and permits. <br /> <br />(e) All taxes in connection with the property shall be paid in a timely manner. <br /> <br />(f) The owners and/or operators of the restaurant shall not violate any laws <br />of the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. <br /> <br />(g) If the Chief of Police, in his discretion, determines that there are <br />sufficient violations of this type to comprise a significant law enforcement problem, he <br />shall so notify the applicant in writing and shall provide a copy of such notice to the <br />Director of Planning and Zoning. <br />