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the same for the purpose of making recycled concrete <br />and asphalt aggregate, as well as the storage, <br />stockpiling and processing of topsoil (black dirt), as <br />an interim use in an I -2 District. <br />Prior to the establishment of this interim use by the <br />passage of Little Canada Ordinance No. 485 on April 27, <br />1999, and the publication of Little Canada Ordinance <br />No. 485 on May 4, 1999, this use has never been a <br />permitted use within the City and is prohibited within <br />the City, except as an interim use in an I -2 District. <br />Since the current use by the Developer of the property <br />described on the attached Exhibit A has never been a <br />permitted use, the Developer acknowledges that he has <br />no legal right to continue the current use as a <br />grandfathered use. <br />The site shall be improved and maintained per the <br />approved Site Development Plan, Exhibit S, which shall <br />include, but not be limited to the Developer paving the <br />roadway access area, paving and striping parking areas, <br />installing and maintaining perimeter concrete curbing <br />around parking areas, limiting the usage of the west <br />entrance onto Ryan Drive, limiting the height of <br />stockpiled materials, controlling dust, and providing <br />adequate berming and landscaping of the operation as <br />approved by City staff. <br />The interim use, granted to Developer pursuant to the <br />provisions of this Paragraph and the provisions of the <br />Little Canada Zoning Code, the provisions of Little <br />Canada Ordinance No. 485, and the provisions of the <br />interim use permit, inures only to the benefit of the <br />Developer and is not assignable, notwithstanding <br />Paragraph 13.A., of the Development Contract, dated <br />October 1, 1990. Such interim use and interim use <br />permit will terminate at such time as the Developer <br />sells the property described on the attached Exhibit A, <br />or will terminate on September 30, 2009,whichever <br />occurs first. <br />After termination of the interim use permit, all <br />activities relative to the property described on <br />Exhibit A shall be in complete conformity with City <br />regulations, including, but not limited to, all <br />applicable City Codes, Zoning Ordinance, and <br />Subdivision Ordinance. After termination of the <br />interim use permit, Developer is not precluded from <br />3 <br />14 <br />