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83 l <br /> Presentation by Mary Willis. <br /> This item is to consider the rezoning of a .92- <br /> acre parcel (6.37B. .6A) from EC-5 Existing <br /> Commercial to RB Rural Residential. <br /> On November 2, 1993, the Board of Commissioners <br /> approved the rezoning a .92-acre portion of a 6- <br /> acre lot located on the west side of Ferguson <br /> Road, between Old Greensboro Highway and Jones <br /> Ferry Road, from Rural Buffer (RB) to Existing <br /> Commercial (EC-5) . The property was owned by <br /> Donald Wayne Combs, who was operating an <br /> automobile storage and salvage business on a <br /> portion of his lot. The Board of Commissioners <br /> approved the rezoning on the basis that the <br /> property was being used for automobile storage <br /> and salvage when Bingham Township was initially <br /> zoned on September 2, 1981, and that it should <br /> have been zoned EC-5 at that time. <br /> The decision to rezone the property was appealed <br /> to Superior Court. The Court ruled the evidence <br /> submitted during the public hearing was <br /> insufficient to justify the rezoning of the <br /> property and remanded the case (sent it back) to <br /> the Board of Commissioners for further <br /> consideration. <br /> The EC-5 Existing Commercial Zoning district is <br /> generally applied only upon initial adoption of <br /> zoning of a township to properties located <br /> outside of activity nodes or transition areas <br /> which are already used for certain commercial <br /> purposes. Application of the EC-5 district <br /> renders existing uses which are allowed in the <br /> district as conforming, allowing the use to be <br /> replaced in the event it is destroyed and <br /> allowing it to be replaced with any other use <br /> allowed in the EC-5 district. (A list of <br /> permitted uses in the EC-5 district is an <br /> attachment to these minutes on pages . ) <br /> When Bingham Township was initially zoned on <br /> September 2, 1981, the subject property was zoned <br /> AR Agricultural Residential (Rural Buffer zoning <br /> was applied in 1987) . The Planning Staff was not <br /> aware of any commercial use on the property at <br /> that time. There was no evidence presented during <br /> the public hearing process in 1981 indicating <br /> that the property was used for a commercial use <br /> allowed in the EC-5 district. <br /> Brown asked who brought the court case. The <br />