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<br /> Mr. Andy Saberi <br /> c/o William H. Paynter and <br /> Thomas I. Saberi, Attorneys <br /> Zoning Administrator <br /> Page 6 <br /> the enactment (in 1978) of Zon. Ord. Article 35 and, specifically Section 35.9. <br /> Therefore, the service station operations conducted on the Property are required <br /> to comply with the provisions of said Section 35.9. <br /> 32. Section 35.9.e. provides: <br /> "Service stations located in neighborhood commercial <br /> centers and sites adjoining residentially zoned or residentially <br /> developed property shall not commence operations before 6 AM., <br /> and shall terminate operations not later than 11 P.M. Display signs <br /> and product and service station identification signs on such sites <br /> shall not be lighted between the hours of 11 P.M. and 6 A.M." <br /> 33. The Owner contends that the convalescent hospital, located on <br /> property adjoining the Property is not used as a residence but is a "business" <br /> because, for its operation, it requires a business license and related permits. <br /> 34. The patients of the convalescent hospital occupy said facility on a 24- <br /> hour basis, and health-care attendants are on the premises on a 24-hour basis to <br /> attend to them. Said facility serves as a residence of said patients. In the <br /> context of Zon. Ord. Section 35.9.e., the property on which the health care facility <br /> is located is "residentially developed." Therefore, the provisions of said Section <br /> 35.9.e. govern the operations of the service station on the Property. <br /> 35. Salvage materials and used equipment have been stored on the <br /> Property in open view of customers and the public. <br /> 36. Zon. Ord. Section 35.8 provides: <br /> "Any outdoor storage or refuse area shall be fenced or <br /> screened from view and must be approved by the Zoning <br /> Administrator as to location and design. <br /> b. All service stations, existing upon the effective date of this <br /> section which do not meet the minimum provisions for outdoor <br /> storage and refuse areas as provided for herein, shall comply with <br /> the provision hereof within two years of the effective date of this <br /> section." <br /> 37. The service station's use of the Property was in existence upon the <br /> effective date of the aforesaid section, and more than two years have elapsed <br /> since said effective date. The provisions of said section apply to use of the <br /> MINUTE BOOK NO. 55 <br /> Page No. 038 <br /> Fndgs.3 <br />