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076 27 <br /> same request today or should that use have <br /> gone away years ago. Scearbo responded that <br /> there would have been choices. Rather <br /> than rezoning to EC-5, the County could have <br /> considered the use it non-conforming which is <br /> what Hinkley was alluding to. A non- <br /> conforming use with no structures must cease <br /> within two years. At the time that Bingham <br /> Township was zoned there were some properties <br /> for which a specific decision was made not to <br /> zone it EC-5 but to consider it non- <br /> conforming. The other option would be to <br /> zone it EC-5 which was used more often. If <br /> it were zoned EC-5, the next day after zoning <br /> was adopted the cars could have been removed <br /> and the business ceased but that EC-5 zoning <br /> district would have remained and the property <br /> could have been used for any of the uses <br /> allowed in an EC-5 district. The use could <br /> have also been expanded but only within the <br /> boundaries of the zoning district. Since <br /> neither one of those things happened, we are <br /> faced with going back and looking at what <br /> would have been the appropriate thing to do. <br /> Burklin asked if it had been zoned EC-5 and <br /> ten years later they decided to build a <br /> garage, would it have been allowed. Scearbo <br /> responded, yes, within the boundaries of the <br /> EC-5 district. Scearbo also noted that EC-5 <br /> is not a district that you can rezone to <br /> expand. An EC-5 district is designed to <br /> catch the use as it existed at the time that <br /> zoning was put in place. <br /> Scott asked what recourse did Mr. Combs have <br /> to continue his business. Hinkley responded <br /> that Mr. Combs was offered the recourse of <br /> applying for a Home Occupation Permit and he <br /> did apply. Hinkley continued that a Home <br /> Occupation Permit for a parcel of six acres <br /> would allow for 2000 sq. ft. of floor space <br /> and at the present time he has about 1600 sq. <br /> ft. of floor space in the garage. So, he <br /> could add 400 more sq. ft. if this were <br /> approved. But, it would be very difficult <br /> for him when it comes to outside storage <br /> because outside storage is limited to 1000 <br /> sq. ft. Scott expressed concern that it had <br /> been undetected for such a long period of <br /> time and now, possibly having the door <br /> slammed on his business. Scott continued <br /> that the way he understood the complaint at <br /> the public hearing was that there was not <br />