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• <br />PLANNING & ZONING MEETING <br />NOVEMBER 8, 1989 <br />3. When any lawful nonconforming use of any structure <br />or land in any district has been changed to a <br />conforming use, it shall not thereafter be changed <br />to any nonconforming use. <br />4. Whenever a nonconforming structure shall have been <br />damaged by fire, flood, explosion, earthquake, war, <br />riot, or act of God, it may be reconstructed and <br />used as before if it be reconstructed within twelve <br />(12) months after such calamity, unless the damage <br />to the structure is seventy -five percent (759) or <br />more of its fair market value (as estimated by City <br />Council or its representatives), in which case the <br />reconstruction shall be for a use in accordance <br />with the provisions of this Ordinance. <br />5. Whenever a lawful, nonconforming use of a building <br />or structure or land is discontinued for a period <br />of one (1) year, any future use of said building or <br />structure or land shall be in conformity with the <br />provisions of this Ordinance. <br />6. Any nonconforming use of open land, that is use of <br />land without buildings, lawfully existing upon the <br />effective date of this Ordinance may be continued <br />for a period of three (3) years after the effective <br />date of this Ordinance, whereupon such <br />nonconforming use shall cease. <br />7. Normal maintenance of a building or other structure <br />containing or related to a nonconforming use is <br />permitted, including necessary repairs and <br />incidental alterations which do not extend or <br />intensify the nonconforming use. <br />8. A lawful nonconforming use may be changed only to a <br />use that decreases its nonconformity. <br />The issue here is that this business is a non - conforming use <br />in the R -1 zone. According to City Ordinance the business <br />could change as long the new business is not intensified. In <br />other words the business could stay the same, decrease, but <br />not become larger or expand. <br />John Miller spoke with the city's Traffic Engineer, Glen <br />VanWormer, to determine what the volumes of traffic might <br />be. He used a 1500 square foot office with ten employees <br />compared to a 1500 beauty shop. Using ITE guidelines he <br />found the office would generate 50 trips daily compared to <br />250 trips for the beauty shop. <br />Roger Meyer, brother -in -law of Meyer stated that before Merry <br />Maids when it was an insurance business the traffic would <br />Page 2 <br />