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3 • In 1988, the 3 parcels were rezoned to GB, General Business • In 1997, a conditional use permit was approved to allow for the expansion of the existing pole barn. o The parcels functioned as a whole and should have been combined. • No conditional use permits were approved to allow for contractor’s office or outdoor storage. • The single family home was the principal use and the business operation was an accessory use, similar to a home occupation. • The blacktop business was not approved as a stand-alone principal use. • Properties are currently guided for Industrial use and zoned GB, General Business. The City Attorney recommends terminating the 1979 special use permit and the 1997 conditional use permit via a Termination Agreement or similar document that would be recorded against the property to clear up any future land use or title issues caused by multiple approvals on the site. Existing Site Conditions The existing 3 parcel site contains a 2,220 sf single family residential home, a 2,900 sf accessory structure, gravel and paved parking areas and driveway, scattered trees and landscaping and open grass areas. The house is on private well and septic system and the accessory structure is on municipal water and sanitary sewer. Prior to the sale of the 2 west parcels, multiple gravel driveways provided access to the site from Lilac Street and the west. Two of these driveways now terminate right at the west property line. Lilac Street abuts on the north and CSAH 12 (Apollo Drive) abuts on the east. Non-Conforming Uses and Structures The subject site poses a complex land use and zoning situation. A single family home and industrial accessory structure exist on parcels currently zoned commercial but are guided for industrial use per both the 2030 and draft 2040 Comprehensive Plans. The residential single family home became a non-conforming use when the parcels were rezoned to GB, General Business in 1988. It is standard planning practice and supported by the zoning ordinance that non-conforming uses be eventually brought into conformity. Per Definitions Section 1007.001(2): NON-CONFORMING USES. A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. Per Section 1007.041 NON-CONFORMING USES AND STRUCTURES. (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and