Minutes 07/11/2023 - Laserfiche WebLink

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July 11, 2023 TOGETHER WITH AND SUBJECT TO those matters noted in that certain Deed recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia in Deed Book 1213 at Page 601. IT BEING all that certain property conveyed by Edwin R. Forlines, Jr. and Kenneth R. Woolard to Two Monkeys, Inc. by Deed dated December 30, 1997 and recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia in Deed Book 1213 at Page 601. 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) Without limitation, the establishment shall be maintained and operated in compliance with the following use-specific standards set forth in Zoning Ordinance Sec. 40.2-217(G)(4)(b). (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 Cody Sec. 24-255 Unlawful Excessive Sound. (iii) Any building housing live entertainment shall include soundproof entryway and exit doors. (b) As and to the extent required by the Zoning Ordinance, all external site and building improvements, including signage, must be approved through issuance of a Certificate of Appropriateness (COA) by the Downtown Design Committee (DDC) prior to the commencement of work. (c) Prior to initially operating the approved use and so long as the use remains in operation, the owners and/or operators shall install and maintain digital video equipment with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, side, and rear exteriors of the establishment for 24 hours a day, 7 days a week. Recorded data must be maintained in a condition permitting review of the information for a period of no less than thirty days. (d) Prior to initially operating the entertainment establishment, a new Zoning Permit from the Zoning Administrator and a Certificate of Occupancy (CO) from the Department of Permits and Inspections must be obtained. (e) All construction on the subject property must be conducted in compliance with all applicable local, state, and federal codes, ordinances, and regulations. All required licenses and permits must be obtained prior to commencement of any construction work and maintained as required until completion of the work. (f) The maximum occupancy load of the entertainment establishment, including patrons and employees, must comply with any limits set by the Building Official. (g) All taxes/fees associated with the property shall be paid when due, as determined by the City Treasurer. (h) All local, state, and federal licenses and permits required for operation of the entertainment establishment must be obtained prior to commencement of the use and must be maintained in good standing for so long as the use continues. Without limitation, the suspension, termination, or surrender of an ABC license for the entertainment establishment shall, at the discretion of City Council, constitute grounds for City Council to revoke this use permit. (i) Without limitation, this Use Permit is subject to Section 40.2-533(K) of the Zoning Ordinance, which provides that this Use Permit may automatically expire and become void if certain conditions set forth therein are not satisfied within two (2) years of the date of approval by City Council.