Minutes 03/08/2022 - Laserfiche WebLink

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March 8, 2022 distance of 20 feet; thence North 04° 42’ 02” East a distance of 58.72 feet; thence North 86° 29’ 00” West a distance of 20 feet; thence North 04° 26’ 00” East a distance of 125.78 feet; thence North 12° 34’ 00” East a distance of 150 feet; thence South 77° 26’ 00” East a distance of 70 feet; thence North 12° 34’ 00” East a distance of 145 feet to an iron pin on the south right of way line of Portsmouth Boulevard, the point of beginning. Reference is hereby made to the aforesaid plat recorded in Map Book 15 at page 174 for a more particular description of the property described herein. IT BEING Parcel One of the property conveyed to Manor Village, LLC by Deed of Gift from Frances R. Johnson, Trustee of The Burrell R. Johnson Revocable Living Trust Agreement dated November 4, 1992 and Amended and Restated on January 10, 2000 and Amended and Restated on May 9, 2006, and Frances R. Johnson, Trustee of the Frances R. Johnson Revocable Living Trust Agreement dated November 4, 1992 and Amended and Restated on January 10, 2000 and Amended and Restated on May 9, 2006, the said Deed of Gift dated October 21, 2014 and recorded as Instrument Number 140009893. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The occupant load of the proposed development, including patrons and employees, shall remain at not more than the capacity set by the Building Official. The occupancy load shall not be exceeded at any time. (b) The establishment shall comply with Portsmouth City Code Section 40.2- 217(G)(4)(b) – Use Specific Standards for Specific Commercial Uses – Entertainment Establishment (Indoor or Outdoor): (i) Entertainment Establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare, (ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound, and (iii) Any building housing live entertainment shall include soundproof entryway and exit doors. (c) The establishment shall comply with Portsmouth City Code Section 40.2-301 – Off- Street Parking, Loading, and Circulation and provide at least thirteen (13) off-street vehicle parking spaces and two (2) bicycle parking spaces. (d) Rear doors and side doors shall be used for emergency exits and deliveries only, and shall not be propped open during hours of operation. (e) The dumpster area must comply with all relevant state and local codes (including without limitation Portsmouth City Code Section 40.2-304(F)(5)), including complying with surfacing, setback, and screening requirements. (f) The owners and/or operators of the establishment shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, nor suffer repeated or chronic violations by any patrons or customers. If the Chief of Police, in their discretion, determines that there are significant violations of this type so as to comprise a significant law enforcement problem, they may notify the applicant in writing and provide a copy of such notice to the Zoning Administrator, which may result in the initiation of proceedings for the revocation of this Use Permit. This clause is not to be construed as a limitation or waiver of any other grounds for revocation of this Use Permit under the Zoning Ordinance or the terms hereof. (g) The establishment shall be developed and maintained in compliance with all applicable codes, ordinances and regulations of federal, state and local government, and all required licenses and permits shall be obtained and remain in effect at all times during its operation. (h) All taxes/fees associated with the property and/or the proposed use must be paid when due, as determined by the City Treasurer.