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• - 3 <br /> Uses Requiring Class A Special Use Permit <br /> P16 Public Utility Stations. . . <br /> Uses Requiring Class B Special Use Permit <br /> H7 Group Care Facility <br /> P3 Buildings; Portable <br /> P22 Transmission Lines <br /> Zoning History of Property <br /> When Bingham Township was initially zoned on September <br /> 2, 1981, the subject property was zoned AR Agricultural <br /> Residential (Rural Buffer zoning was applied in 1987 ) . <br /> The Planning Staff was not aware of any commercial use <br /> on the property at that time. There was no evidence <br /> presented during the public hearing process in 1981 <br /> indicating that the property was used for a commercial <br /> use allowed in the EC-5 district. <br /> In October, 1991, complaints were received regarding <br /> the use of the property for storage and salvage of <br /> automobiles. The Zoning Officer found that the use of <br /> the property for the storage and salvage of automobiles <br /> was in violation of the Zoning Ordinance. <br /> The property owner claimed that the property had been <br /> used for the storage and salvage of vehicles prior to <br /> adoption of the zoning regulations for Bingham <br /> Township, and appealed the Zoning Officer's decision to <br /> the Board of Adjustment. <br /> The Board of Adjustment chose to delay any decision on <br /> the interpretation of the Zoning Officer to allow time <br /> for the applicant to request that the property be <br /> rezoned to EC-5 on the basis that the use already <br /> existed when Bingham Township was zoned. <br /> The applicant then requested that the property be <br /> rezoned from Rural Buffer (RB) to Existing Commercial <br /> (EC-5) . On November 2, 1992, the Board of <br /> Commissioners approved the rezoning of .92 acres from <br /> RB to EC-5. Minutes from the public hearing and <br /> subsequent meetings of the Planning Board and Board of <br /> Commissioners are attached. <br /> The rezoning decision was challenged by neighboring <br /> property owners in Superior Court. The Superior Court <br /> ruled that the evidence and testimony presented in the <br /> Combs rezoning did not show that a commercial use <br /> allowed in the EC-5 district existed on the property <br /> when Bingham Township was zoned. <br />