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<br />January 24.2006 <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) Hours of operation shall be Monday through Saturday from 10:00 a.m. to <br />9:00 p.m. There will be no operating hours on Sundays. <br /> <br />(b) The applicant shall comply with all applicable ordinances and regulations <br />of federal, state, and local governments and shall obtain and maintain in effect all <br />necessary licenses and permits. <br /> <br />(c) All taxes in connection with the property and the operation shall be paid <br />when due. <br /> <br />(d) The owners and/or operators of the restaurant shall not violate any laws of <br />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 />If the Chief of Police, in his discretion, determines that there are sufficient <br />violations of this type to comprise a significant law enforcement problem, he shall <br />so notify the applicant in writing and shall provide a copy of such notice to the <br />Director of Planning and Zoning. <br /> <br />If, within six (6) months of the date of such letter, the Director of Planning and <br />Zoning determines that the offenses against peace and good order are <br />continuing, then he may initiate proceedings for the revocation of this permit. <br />Provided, however, that if such problems are of severity that the Chief of Police <br />determines that there is a significant risk to public safety or peace and good <br />order of such proportions as to create a risk of blight, the revocation proceedings <br />may be initiated by the Director of Planning and Zoning regardless of the six (6) <br />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 /> <br />Ayes: Heretick, Moody, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />Motion by Mr. Moody, and seconded by Ms. Randall, to adopt the following <br />resolution approved on first reading at the January 10, 2006 meeting, and was adopted <br />by the following vote: <br /> <br />06 - 18(c): <br /> <br />"RESOLUTION GRANTING A USE PERMIT FOR A PARKING LOT AT 3310 DEEP <br />CREEK BOULEVARD. <br /> <br />WHEREAS, Mount Carmel Baptist Church has made application pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of <br />a use permit to construct and operate a parking lot at 3310 Deep Creek Boulevard; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended granting the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />