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March 27, 2012 <br />(f) Maintains safe and adequate egress and ingress onto the site and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring lands to <br />develop the uses permitted in their zoning district(s); <br />(h) Complies with all other city, state, and federal laws and regulations. <br />2. That Cecil A. and Elizabeth Goodwin are hereby granted a use permit <br />pursuant to Section 40.1-2.3B of the Code of the City of Portsmouth, Virginia (2006) for <br />a building greater than 5,000 square feet at 3414 through 3426 Deep Creek Boulevard, <br />and being more particularly described as: <br />U P-12-02 <br />3414-3426 Deep Creek Boulevard <br />Beginning at a point at the northwest corner of Deep Creek Boulevard and Elliott Ave, <br />then 267.35 feet on a bearing S66°29'00"W, then 100.00 feet on a bearing of <br />N12°52'30"W, then S66°29'00"W for 161.21 feet to Beacon Road, then 42.09 feet on a <br />bearing of N29°32'00"W along the right-of-way of Beacon Road, then 120.00 feet on a <br />bearing of N60°08'00"E, then along the rear of Highland Biltmore Lots No. 275 through <br />278 along an arc of 280.64 feet using a radius of 690.00 feet, then on a bearing of <br />N83°12'07"E to Deep Creek Boulevard, then S13°10'38"E for 114.22 feet, and then <br />along an arc for 183.65 feet with a radius of 657.66 feet along the right-of-way of Deep <br />Creek Boulevard to the point of beginning. This parcel is also identified as Tax Map No. <br />474 parcel 11. <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicants and any successor in interest: <br />(a) The development of the site will be in general conformity with the building and <br />site renderings submitted with the application and the Conceptual Land Plan prepared <br />by C.E. Newbaker Surveying and Planning, Inc. dated September 27, 2011, except as <br />may be required during site plan review to comply with all development regulations and <br />approved by the Planning Director. <br />(b) The renovated portions of the building shall be provided with a sprinkler fire <br />suppression system designed and approved in accordance with the NFPA 13. <br />(c) Commercial use or ingress/egress for commercial activity shall be prohibited on <br />the portion of the property that fronts on Beacon Road to a depth of 120 feet from <br />Beacon Road. <br />(d) The hours for loading and unloading, and servicing the dumpsters at the rear of <br />the building shall be limited to 8:00 am to 6:00 pm Monday through Friday, 8:00 am to <br />8:00 pm on Saturdays, and shall be prohibited on Sundays. <br />(e) All existing outdoor lighting shall be upgraded to confirm to the standards <br />contained in Section 40.1-5.9 of the Zoning Ordinance. <br />(f) Freestanding signs shall be of a monument style no greater than eight (8) feet <br />tall, and no internally illuminated signs shall be permitted on the site. <br />(g) All debris, equipment and unlicensed vehicles shall be removed from the <br />property prior to issuance of any permits by the City of Portsmouth. <br />(h) Overnight parking or storage of heavy trucks and vehicles between the building <br />and Deep Creek Blvd. shall be prohibited. In addition, the use of any vehicle in the <br />parking lot for purposes of advertising, as determined by the Planning Director, shall be <br />prohibited. <br />(i) The applicant must obtain and keep current any required operating licenses and <br />shall operate in accordance with federal, state and local regulations. <br />(j) All taxes and fees in connection with the proposed use shall be paid when due. <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 />