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J1. <br /> Zoning History of Property <br /> When Bingham Township was initially zoned on September 2, <br /> 1981, the subject property was zoned AR Agricultural <br /> Residential (Rural Buffer zoning was applied in 1987) . The <br /> Planning Staff was not aware of any commercial use on the <br /> property at that time. There was no evidence presented <br /> during the public hearing process in 1981 indicating that <br /> the property was used for a commercial use allowed in the <br /> EC-5 district. <br /> In October, 1991, complaints were received regarding the use <br /> of the property for storage and salvage of automobiles. <br /> The Zoning Officer found that the use of the property for <br /> the storage and salvage of automobiles was - in violation of <br /> the Zoning Ordinance. <br /> The property owner claimed that the property had been used <br /> for the storage and salvage of vehicles prior to adoption of <br /> the zoning regulations for Bingham Township, and appealed <br /> the Zoning Officer's decision to the Board of Adjustment. <br /> The Board of Adjustment chose to delay any decision on the <br /> interpretation of the Zoning Officer to allow time for the <br /> applicant to request that the property be rezoned to EC-5 on <br /> the basis that the use already existed when Bingham Township <br /> was zoned. <br /> The applicant then requested that the property be rezoned <br /> from Rural Buffer (RB) to Existing Commercial (EC-5) . On <br /> November 2, 1992, the Board of Commissioners approved the <br /> rezoning of .92 acres from RB to EC-5. Minutes from the <br /> public hearing and subsequent meetings of the Planning Board <br /> and Board of Commissioners are attached. <br /> The rezoning decision was challenged by neighboring property <br /> owners in Superior Court. The Superior Court ruled that the <br /> evidence and testimony presented in the Combs rezoning did <br /> not show that a commercial use allowed in the EC-5 district <br /> existed on the property when Bingham Township was zoned. <br /> Purpose Of This Hearing <br /> The purpose of this hearing is to provide an opportunity for <br /> new information to be submitted regarding the use of the <br /> property when zoning was applied in 1981. <br /> RECOMMENDATION: Article 20.3.3 of the Orange County Zoning Ordinance <br /> requires that the Zoning Officer's recommendation be <br /> presented to the Planning Board within 30 days of <br /> receipt of an application. The 30-day period may be <br /> extended up to 60 days with the written consent of the <br /> applicant. The public hearing is the time scheduled <br />