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<br />January 26. 2010 <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />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, pursuant to Section 40-43.1 of the Code of the City of Portsmouth, <br />Virginia (2006), a use permit is hereby granted for the operation of a restaurant at <br />4640/4644 George Washington Highway, and being more particularly described as: <br /> <br />UP-09-16 <br /> <br />4640/4644 George Washington Highway <br /> <br />Williams Court Shopping Center - Phase II <br />Suites A and B <br />Tax Map 457, Parcel 1 <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) Days and hours of operation shall be daily between the hours of 6:00 a.m. and <br />2:00 a.m. <br /> <br />(b) Seating shall be limited to fifty (50) seats in the restaurant with a total capacity <br />not to exceed sixty-six (66) persons, if approved by the Building Official. <br /> <br />(c) Parking shall be provided for restaurant patrons within the Williams Court II <br />Shopping Center parking lot. <br /> <br />(d) No vehicles shall be parked along George Washington Highway or other streets <br />in the vicinity of the restaurant for the purpose of advertising the business. <br /> <br />(e) The applicant shall obtain and maintain in full force and effect all required permits <br />and licenses for the establishment. <br /> <br />(f) The proposed business shall operate in accordance with federal, state and local <br />laws, ordinances, and regulations. <br /> <br />(g) A commercial waste hauler shall be used for the disposal of trash and waste from <br />the restaurant. <br /> <br />(h) The owner/developer shall be responsible for upgrades to water and sewer <br />service, as necessary, including the installation of a backflow preventer device <br />approved by the Public Utilities Department. <br /> <br />(i) All taxes and fees in connection with the proposed use shall be paid when due. <br />