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September 13, 2022 <br /> <br />UP-22-11 <br /> <br /> <br />3800 George Washington Highway <br />(Tax Parcel 0468-0030) <br /> <br />ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of <br />Portsmouth, Virginia, being known, numbered and designated as Parcel “A”, Area = <br />491,449 Sq. Ft. or 11.28 Ac., all as shown on that certain subdivision plat entitled <br />“SUBDIVISION OF PROPERTY KNOWN AS TOWN AND COUNTRY SHOPPING <br />CENTER, PORTSMOUTH, VIRGINIA”, dated November 25, 1987, made by Miller- <br />Stephenson and Associates, P.C., Engineers, Surveyors and Planners, which said plat is <br />duly recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia, <br />in Map Book 14, Page 37. <br /> <br />IT BEING that certain parcel conveyed to Afton Associates, a Virginia General <br />Partnership, by deed from Mulberry Corporation dated September 4, 1991 and recorded <br />in the Portsmouth Circuit Court Clerk’s Office in Deed Book 1063 at Page 116. <br /> <br /> 6. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and the owner, and any successors in interest: <br /> <br />(a) The entertainment establishment use shall be limited to the area of 3800 George <br />Washington Parkway currently designated as Suites 3938-3940 George Washington <br />Highway. This use permit does not authorize the entertainment establishment use on <br />any other portion of 3800 George Washington Parkway. <br /> <br />(b) Prior to initially operating the entertainment establishment, and for so long as it <br />remains in operation, the owners and/or operators shall install and maintain digital video <br />equipment with recording capabilities sufficient to indicate the date and time that the <br />recording is made. The recording shall provide surveillance coverage encompassing the <br />front, side, and rear exteriors of the establishment at all times. Recorded data must be <br />maintained in a condition permitting review of the information for a period of no less than <br />thirty days. <br /> <br />(c) The entertainment establishment shall not create unreasonable environmental <br />aspects such as noise, odor, smoke, vibration, heat, or glare. <br /> <br />(d) Noise from the establishment must comply with City Code Section 24-255 Unlawful <br />Excessive Sound. <br /> <br />(e) Any building housing live entertainment shall include soundproof entryway and <br />exit doors. <br /> <br />(f) Without limitation, prior to initially operating the entertainment establishment a <br />Zoning Permit must be obtained from the Zoning Administrator and a Certificate of <br />Occupancy (CO) must be obtained from the Department of Permits and Inspections. <br /> <br />(g) The establishment shall comply with any maximum occupancy load limits, <br />including patrons and employees, set by the Building Official. <br /> <br />(h) Live entertainment shall only be permitted indoors and is not permitted on the rear <br />deck. An amendment to this Use Permit would be required to permit outside live <br />entertainment. <br /> <br />(i) The maximum illumination of all lighting at ground level at the property line shall <br />not exceed 2 foot-candles to prevent light from spilling out onto the adjacent property. <br /> <br />(j) All local, state, and federal licenses and permits required for operation of the <br />establishment shall be obtained and maintained in good standing. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />