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w <br /> 85 <br /> Board and Board of Commissioners was that a <br /> business was in operation. She reminded the <br /> Board that the Planning Staff had made the <br /> recommendation previously that the request for <br /> an EC-5 district designation be denied. <br /> Waddell referred Board members to the last <br /> sentence in the court order from Judge Donald W. <br /> Stephens which states: "In the absence of any <br /> evidence to show the existence of commercial use <br /> of the property, permissible by Section 4. 1.2 of <br /> the County Zoning Ordinance, on September 2, <br /> 1981, presented during the further proceedings <br /> authorized by this Order, a decision by the Board <br /> to retain the EC-5 zoning classification for the <br /> property would be erroneous as a matter of law <br /> and would have to be reversed by this Court. " <br /> Waddell emphasized that the Judge had made a <br /> ruling and clearly expected more evidence if the <br /> EC-5 designation was to be allowed to remain. <br /> Willis stated that when the described activities <br /> and the aerial photos were studied, the use would <br /> best be described as a junkyard. <br /> Discussion followed regarding the consistent use <br /> of the property as well as discussion as to <br /> whether or not it is and/or has been a junkyard. <br /> Willis responded that the issue is whether or not <br /> what was located on the property in 1981 <br /> establishes a basis for zoning the property to <br /> EC-5. <br /> Price stated that if it has been in existence <br /> since or prior to 1981, she felt it is a non- <br /> conforming use and should be allowed to remain as <br /> a non-conforming use. Willis responded that a <br /> non-conforming use cannot expand and this use has <br /> clearly changed and more is happening on the site <br /> that was in 1981. A non-conforming use can <br /> continue as is, but may not expand. <br /> Price asked for clarification on the <br /> recommendation being made by the Planning Staff. <br /> Willis responded that the Staff is recommending <br /> that the property be rezoned back to Rural Buffer <br /> on the basis that there is not justification for <br /> it to be zoned EC-5. The court decision would <br /> not allow EC-5 because a junkyard is not allowed <br /> in EC-5. <br /> More discussion indicated concerns and <br /> disagreements that the business had remained the <br /> same since 1981. <br />