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Interim Use Permit 2209 Phelps Road page 7 (5) Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance. (6) Any nonconforming use of open land, that is use of land without buildings, lawfully existing upon the effective date of this ordinance may be continued for a period of three (3) years after the effective date of this ordinance, whereupon such nonconforming use shall cease. (8) A lawful nonconforming use may be changed only to a use that decreases its nonconformity. Existing Use Conditional Use Permit Clause It should be noted that there is a provision in the current ordinance (2003) that states the following: 14. All uses existing as of July 14, 1997 that are included in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. (Sec. 2, Subd. 2.B.14.) "Open and outdoor storage as an accessory use"was originally in the 2003 ordinance as a conditional use in the LI zone. (This has been amended since then to include strict restrictions on outdoor storage.) "Earth Moving and Land Reclamation"involving over 5,000 cy is another conditional use. An argument might be made that the site was used for such activities when the ordinance was significantly amended in 2003. If true, the site could be considered to have a CUP for the land use and structures as they existed, and expansion would require an amendment to that CUP. However, it is unclear just what activities were occurring at any particular date. An April 1997 aerial photo appears to show some material piled near the north side of Phelps Rd., with some equipment elsewhere. An April 2001 aerial photo does not appear to show material stored north of the road. Some equipment is seen near the buildings and parking area. These photos are not conclusive, nor is any other information on file. We know that Acton Construction was there and seems to have stored some material on part of the site at some point in time. However, we cannot determine anything more conclusive. Because of this, staff does not believe the City can conclude that material storage on the entire site north of Phelps Road should be considered a pre-approved use.