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 />
|