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October 10, 2023 <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 a use permit is hereby granted pursuant to Section 40.2-533 of the <br />Code of the City of Portsmouth, Virginia to operate an event space/banquet hall and <br />entertainment establishment at 340 High Street (Tax Parcel 0006-0910), the said 340 <br />High Street being more particularly described as: <br /> <br />UP-23-10 <br /> <br />340 High Street <br />(Tax Parcel 0006-0910) <br /> <br />ALL THAT certain lot, piece or parcel of land, together with all of the buildings and <br />improvements thereon and the appurtenances thereunto appertaining, lying, situate and <br />being at the northeast corner of High and Court Streets, in the City of Portsmouth, Virginia, <br />shown on a certain plat entitled “Physical Survey of Property of Mary D. Lawrence et al. <br />330 to 340 High Street, Portsmouth, VA.”, made June 17, 1959 by John M. Baldwin and <br />Associates, and recorded in the Clerk’s Office of the Circuit Court for the City of <br />Portsmouth, Virginia in Deed Book 334 at page 114. <br /> <br />IT BEING Parcel One of that certain property conveyed to OMD Enterprise, LLC by Deed <br />from Portsmouth Redevelopment & Housing Authority dated March 30, 2023 and <br />recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia as <br />Instrument Number 202303773. <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) Without limitation, the establishment shall be maintained and operated in <br />compliance with the following use-specific standards set forth in Zoning Ordinance Sec. <br />40.2-217(G)(4)(b): <br /> <br />(i) Entertainment establishments shall not create unreasonable environmental aspects <br />such as noise, odor, smoke, vibration, heat, or glare. <br />(ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful <br />Excessive Sound. <br />(iii) Any building housing live entertainment shall include soundproof entryway and exit <br />doors. <br /> <br />(b) The event space/banquet hall shall also adhere to the entertainment establishment <br />use-specific standards set forth in Zoning Ordinance Sec. 40.2-217(G)(4)(b), as listed <br />above. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />