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<br />September 27, 2005 <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 a use permit is hereby granted pursuant to Section 40-43.1 of the <br />Code of the City of Portsmouth, Virginia (1988) to David and Elizabeth Cartier to <br />operate an eating establishment at 101 High Street, and being more particularly <br />described as: <br /> <br />UP-05-21 <br /> <br />Beginning at the south west corner of High Street and Water Street at a point; thence in <br />a southerly direction approximately 42' +/- to a point; thence in a westerly direction <br />approximately 68' +/- to a point; thence in a northerly direction approximately 107' +/- to <br />a point; thence in a easterly direction approximately 134' +/- to the point of beginning, <br />and encompassing all sidewalk area within such boundary. <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 an eating establishment with eight (8) <br />seats. <br /> <br />(b) Hours of operation shall be from 5:00 a.m. to 10:00 p.m., Monday through <br />Sunday. <br /> <br />(c) Tables and chairs shall not be placed in the City right-of-way without an <br />approved Outdoor Dining Permit. <br /> <br />(d) Any food service offered shall be reviewed and approved as required by <br />the Health Department. <br /> <br />(e) The applicant shall comply with all applicable ordinances and regulations <br />of federal, state, and local governments and shall obtain and maintain all <br />necessary licenses and permits. <br /> <br />(f) All taxes in connection with the property shall be paid in a timely manner. <br /> <br />(g) The owners and/or operators of the eating establishment shall not violate <br />any laws of the Commonwealth or ordinances of the City related to peace and <br />good order, nor suffer repeated or chronic violations by any of its patrons or <br />customers. If the Chief of Police, in his discretion, determines that there are <br />sufficient violations of this type to comprise a significant law enforcement <br />problem, he shall so notify the applicant in writing and shall provide a copy of <br />such notice to the Director of Planning. If, within six (6) months of the date of <br />such letter, the Director of Planning determines that the offenses against peace <br />and good order are continuing, then he may initiate proceedings for the <br />revocation of this permit. Provided, however, that if such problems are of <br />severity that the Chief of Police determines that there is a significant risk to public <br />safety or peace and good order of such proportions as to create a risk of blight, <br />the revocation proceedings may be initiated by the Director of Planning <br />regardless of the six (6) month requirement which is otherwise applicable. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br />