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February 8, 2022 <br /> <br /> 2. That it has considered factors it deemed applicable and consistent with the <br />Code of Virginia, which may include, without limitation, the nature, extent, external effects, <br />location, design or method of operation of the requested use, the City’s comprehensive <br />plan, and the public health, safety, and general welfare. <br /> <br /> 3. That it has considered the imposition of conditions regarding the location, <br />character, and other features of the proposed use and finds and determines that the <br />conditions imposed by this Resolution are necessary to ensure compliance with the <br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse <br />effects from the proposed use. <br /> <br /> 4. That based on its review and consideration, it has determined that the use <br />GRANTED WITH CONDITIONS <br />permit requested by the subject application should be <br />as provided in this Resolution. <br /> <br /> 5. That Rachael Copeland and Sean Cooper are hereby granted a use permit <br />pursuant to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to operate <br />an entertainment establishment at 3112 High Street (Tax Parcel 0352-0360), being more <br />particularly described as: <br /> <br />UP-21-18 <br /> <br />3112 High Street <br />(Tax Parcel 0352-0360) <br /> <br />ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of <br />Portsmouth, Virginia, and designated as “Parcel A-1” on that certain plat titled “Minor <br />Subdivision of Parcel A and Parcel B/D.B. 1141, PG. 510/Tax Map 352, Parcels 36 & <br />48/Portsmouth, Virginia” dated April 12, 2000, prepared by Hoggard/Eure Associates, <br />P.C. and recorded in the Clerk’s Office of the Portsmouth Circuit Court in Map Book 18 <br />at Pages 74-75. <br /> <br /> 6. 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) The occupant load of the proposed development, including patrons and <br />employees, shall remain at not more than the capacity set by the Building Official. <br /> <br />(b) The proposed development shall comply with Portsmouth City Code Section 40.2- <br />217(G)(4)(b) – Use Specific Standards for Specific Commercial Uses – Entertainment <br />Establishment (Indoor or Outdoor): (i) Entertainment Establishments shall not create <br />unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or <br />glare, (ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful <br />Excessive Sound, and (iii) Any building housing live entertainment shall include <br />soundproof entryway and exit doors. <br /> <br />(c) The proposed development shall comply with Portsmouth City Code Section 40.2- <br />301 – Off-Street Parking, Loading, and Circulation and provide at least nineteen (19) off- <br />street vehicle parking spaces and two (2) bicycle parking spaces. Further, as required by <br />the City Engineer, the parking lot shall be refurbished to meet current standards including <br />the refreshing of the parking lot striping, the establishment of Americans with Disabilities <br />Act (ADA) accessible parking spaces, and the establishment of code compliant access <br />aisles. <br /> <br />(d) Rear doors shall be used for emergency exits and deliveries only, and shall not be <br />propped open during hours of operation. <br /> <br />(e) Prior to the initial opening of the establishment, an acceptable commercial <br />reinspection must be performed by, and a Certificate of Occupancy obtained from, the <br />Department of Permits and Inspections. <br /> <br /> <br /> <br /> <br /> <br /> <br />