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October 25, 2022 <br /> <br />PARCEL D: BEGINNING at the Northeast intersection of High Street and Godwin Street; <br />and from thence running East along the North side of High Street Sixty-one and one-half <br />(61 ½) feet; thence North and parallel with Godwin Street One Hundred Thirteen (113) <br />feet; thence West and parallel with High Street Thirty-one point five (31.5) feet; thence <br />South and parallel with Godwin Street Forty-three (43) feet; thence West and parallel with <br />high Street Thirty (30) feet to the East side of Godwin Street; and thence South along the <br />East side of Godwin Street Seventy (70) feet to the point of beginning. <br /> <br />IT BEING that certain parcel conveyed to Cars 4 Less, Inc. by Deed from Action <br />Properties, L.L.C. dated December 9, 2016 and recorded in the Portsmouth Circuit Court <br />Clerk’s Office as Instrument Number 160012374. <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) This Use Permit shall permit the urban agriculture use in order to grow and cultivate <br />industrial hemp that is at or below the prescribed state levels of THC, as state law may <br />be amended from time to time. Notwithstanding the foregoing, in order to grow and <br />cultivate hemp above 0.3 percent THC, an amendment to this Use Permit is required, <br />unless the City’s zoning authority on the issue is preempted by state law. <br /> <br />(b) The urban agriculture facility shall be in substantial compliance with the rendered <br />concept elevations entitled “Green Re-Leaf Overall Building Concept” prepared by GMF <br />Architecture submitted on 8/24/2022 except where modifications may be required to <br />comply with all applicable local, state, and federal codes and regulations. <br /> <br />(c) Prior to initially operating the urban agriculture facility and prior to issuance of a <br />Certificate of Occupancy, the applicant shall remove existing parking lot lights, building <br />signage, and the freestanding sign along High Street as shown in the “Green Re-Leaf <br />Overall Building Concept” building elevations referenced in condition (b) above. The <br />applicant shall also submit for review and shall install new lighting that provides adequate <br />lighting to ensure safety and security throughout the exterior of the property. <br /> <br />(d) Prior to initially operating the urban agriculture facility, the applicant shall improve <br />the façade of the existing two-story building on the property with neutral colored brick, <br />storefront glass, wood, hardie plank, and cement siding as shown in the concept <br />elevations entitled “Green Re-Leaf Overall Building Concept” and referenced in condition <br />(b) above. <br /> <br />(e) Prior to initially operating the urban agriculture facility, the applicant shall install 8 <br />foot tall, opaque decorative fencing along the property line where the subject property <br />abuts the existing religious institution. <br /> <br />(f) The development shall include streetscape improvements along all street <br />frontages, including those consistent with the current High Street Corridor Multimodal <br />Concept Plan; any deviations must be approved by the City Engineer. <br /> <br />(g) Prior to initially operating the urban agriculture facility, and for so long as it remains <br />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 facility during all operating hours and for at least one <br />hour after the close of business. Recorded data must be maintained in a condition <br />permitting review of the information for a period of no less than thirty days. <br /> <br />(h) The urban agriculture facility shall not create or produce unreasonable <br />environmental conditions such as unreasonable or excessive noise, odor, smoke, <br />vibration, heat, or glare. <br /> <br />(i) Noise from the facility shall comply with City Code Sec. 24-255 Unlawful Excessive <br />Sound. <br /> <br /> <br /> <br /> <br /> <br />