Land and buildings in each of the classified districts may be used for any of the listed uses in the schedule of uses, but no land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used for other than those uses specified for the district in which it is located, as set forth by the schedule of uses included in appendix A of this article. (Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.40)

1) Standards: The SUP provides a means for developing certain uses in a way the specific use will be compatible with adjacent property and consistent with the character of the neighborhood.

2) SUP is granted to the ownership of each real property. Any change in ownership may result in a SUP no longer being valid. See paragraph 12 for exceptions.

3) The use regulations for each use in Division 14.02, Appendix A state whether an SUP is required for a use to be permitted in a zoning district. The SUP requirement for use in a zoning district does not constitute authorization or assurance that the use will be permitted. Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriately. Each SUP must be granted by the city council by a separate ordinance. A. The city council shall not grant an SUP for use except upon a finding that the use will: i) complement or be compatible with the surrounding uses and community facilities. ii) contribute to, enhance, or promote the welfare of the area of request and adjacent properties. iii) not be detrimental to the public health, safety, or general welfare; and iv) conform in all other respects to all zoning regulations and standards. B. The granting of an SUP has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district. C. The city council may impose reasonable conditions upon the granting of an SUP consistent with the purposes stated in this chapter. D. The applicant shall post the SUP ordinance in a conspicuous place on the property, except where a use has no interior building space (for example, a private street or alley use).

4) Specific use permit procedure. A. An applicant for an SUP shall comply with the zoning amendment procedure for a change in zoning district classification. Each SUP ordinance is incorporated by reference into this chapter. B. At the time of applying for an SUP, the applicant shall submit: i). a site plan that includes: (a) the dimensions, bearings, and street frontage of the property; (b) the location of buildings, structures, and uses; (c) the method of ingress and egress; (d) off-street parking and loading arrangements; (e) screening, lighting, and landscaping, if appropriate; (f) the locations, calipers, and names (both common and scientific) of all trees near proposed construction activity (trees in close proximity that all have a caliper of less than eight inches may be designated as a “group of trees” with only the number noted); and (g) any other information deemed necessary for a complete the development; and A traffic impact analysis is needed if it is deemed analysis is necessary for a complete review of the impacts of the proposed development. 5) alter the basic relationship of the proposed development to adjacent property;

6) increase the number of dwelling units shown on the original site plan by more than 10 percent;

7) increase the floor area shown on the original site plan by more than five percent or 1,000 square feet, whichever is less;

8) increase the height shown on the original site plan;

9) decrease the number of off-street parking spaces shown on the original site plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or

10) reduce setbacks at the boundary of the site as specified by a building or setback line shown on the original site plan.

11) For purposes of this paragraph, “original site plan” means the earliest approved site plan that is still in effect, and does not mean a later amended site plan. For example, if a site plan was approved with the specific use permit and then amended through the minor amendment process, the original site plan would be the site plan approved with the specific use permit, not the site plan as amended through the minor amendment process. If, however, the site plan approved with the specific use permit was replaced through the zoning amendment process, then the replacement site plan becomes the original site plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process. 12) An applicant or owner of real property within the notification area may appeal the decision of the city council to the board of adjustments. An appeal must be requested in writing within 10 days after the decision of the city council. Appeal to the city council is the final administrative remedy available. A. A time limit may be imposed as a condition upon the granting of an SUP. If a time limit has been imposed, the SUP automatically terminates when the time limit expires. Except as otherwise provided in Subsection (c), the applicant shall go through the procedures outlined above in Paragraphs (1) and (2) to renew an SUP.

13) Automatic Renewals A. As part of an SUP ordinance or ordinance amendment, the city council may declare that an SUP is eligible for automatic renewal pursuant to this subsection. Automatic renewal is an alternative to the standard method of renewing an SUP by amending the SUP ordinance. In order for automatic renewal to occur, the property owner or his representative must file a complete application for automatic renewal with the council after the 120th day but before the 180th day before the expiration of the current SUP time period. If a fee is required, the application is not considered “filed” until the fee is paid. B. Automatic renewal does not result in an amendment to the SUP ordinance. An applicant seeking to change the SUP conditions or to otherwise amend the SUP ordinance must go through the procedures outlined in Subsection 3. C. An application for automatic renewal must be filed with the council on a form furnished by the city for that purpose. As part of the application, the property owner or his representative shall state that all existing SUP conditions have been complied with, and that no changes to the conditions or other SUP ordinance provisions are being requested. D. Failure to timely file a complete application required under Paragraph (A) renders the SUP ineligible for automatic renewal. The city council may, however, reinstate an SUP’s eligibility for future automatic renewals as part of a new SUP ordinance or ordinance amendment. E. Upon the filing of a complete application for automatic renewal, the city shall send written notice to all owners of real property lying within 200 feet of the area governed by the SUP. The notice must state that the SUP is eligible for automatic renewal and may be automatically renewed without further notice. F. If the owners of 20 percent or more of the land within 200 feet of the area governed by the SUP file a written protest against the automatic renewal in accordance with this paragraph, the city shall forward the application to the city planning and zoning commission and city council for further action. Written protests against an automatic renewal must be filed with the city before 5:00 p.m. of the 21st calendar day after the date the notice is mailed. The city must receive a protest sent through the mail before the deadline. If the deadline falls on a Saturday, Sunday, or official city holiday, then the protests must be filed before noon of the following working day. G. After the deadline for filing written protests has passed, the director shall review the conditions of the SUP and determine whether the conditions have been met. If the director determines that the conditions have not been met, he shall forward the application to the city plan commission and city council for further action. H. Any SUP granted in a residential zone (R1, R2, R2M, R3, R4) may apply for automatic renewals with the following exceptions. SUPs are granted to the property owner; if the property changes ownership, the new owners must apply for an SUP to continue operating the property with the specific use permit. I. Any SUP granted in a business or industrial district may apply for automatic renewals with the following exceptions: if the real property is sold and the intended use of the real property is to change, the SUP is revoked. However, if the real property is sold and the intended use of the real property is to remain AS-IS, then the SUP will be extended to the new ownership with an ownership change application that does not require a hearing before the city council. (i.e., a property that currently operates as a retail store that sells clothing under the store name XYZ is sold, and the new owners continue to operate the store as XYZ; the SUP in place will remain. If the new owners decide to operate a grocery store instead of the clothing store, the SUP will be canceled.) J. “Further action,” as that term is used in Paragraphs (F) and (G), means that the city shall schedule the application for public hearings before both the city planning and zoning commission and the city council. Notice of the public hearings must be given as would be required by law for a change in zoning district classification. The City Planning and Zoning Commission shall make a recommendation to the City Council regarding the proposed renewal based on staff reports, field inspections, and the evidence presented at its public hearing K. In connection with an application that has been forwarded to it by the director pursuant to Paragraph (F) or (G), the city council may (a) pass an amending ordinance to repeal the SUP’s eligibility for automatic renewal or to supplement, remove, or amend any of the conditions or other provisions in the SUP ordinance; or (b) take no action and thereby allow the SUP to renew automatically as a matter of law. (c) No renewal or expiration of an SUP may occur while the application is pending before the city plan commission or city council. If the application is pending at the end of the current time period stated in the SUP ordinance, the time period shall be extended as a matter of law until: L. the day following the next succeeding official agenda meeting of the city council after the council makes its final decision on the application or M. if the council votes to pass an amending ordinance until the effective date of the amending ordinance. (a) The renewal of an SUP eligible for automatic renewal occurs as a matter of law at the end of the current time period as stated in the SUP ordinance or as extended pursuant to Paragraph (I). Unless otherwise specified in the SUP ordinance, automatic renewal is for the same period as the immediately preceding period [excluding, if applicable, extensions pursuant to Paragraph (I). (b) An SUP that is automatically renewed pursuant to this subsection may continue to be automatically renewed in perpetuity as long as the owner or his representative timely files the applications for automatic renewal required under paragraph (A) Failure to timely file this application during any renewal period renders the SUP ineligible for further automatic renewal. The City Council may, however, reinstate the SUP"s eligibility for future automatic renewals as part of a new SUP ordinance or ordinance amendment. (c) This subsection does not impair the ability of the city plan commission or city council to call a public hearing on its own motion for the purpose of passing an amending ordinance to repeal a SUP’s eligibility for automatic renewal or to supplement, remove, or amend any of the conditions or other provisions in an SUP ordinance.

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.41)

1. The purpose of this section is to permit the conduct of home occupations which are not incompatible with the neighborhoods in which they are located.
2. These home occupations are permitted as an accessory use in the residential district and are subject to the requirements of that district in which the use is located, in addition to the following:
   1. Only the person or persons residing in the dwelling shall be engaged in the home occupation;
   2. The home occupation shall be conducted only within the enclosed area of the dwelling unit, garage or accessory buildings. No storage or display of materials, goods, supplies or equipment related to the operation of home occupation shall be visible outside any structure located on the premises;
   3. Not more than 25% of the living area of the principal building, up to a maximum of 300 square feet, shall be devoted to the home occupation;
   4. There shall be no exterior alterations which change the character thereof as a dwelling or exterior evidence of the home occupation other than the one sign permitted advertising the home occupation;
   5. No home occupation shall create smoke, fumes, glare, noise, dust, vibration, electrical interference or any other nuisance not normally associated with the average residential use in the district;
   6. No home occupation shall become a fire hazard;
   7. The home occupation shall not create any significant increase in vehicular flow or parking and shall not create greater pedestrian traffic than normal for the residential district; and
   8. No home occupation shall cause a significant increase in the use of any utilities, or generate trash or refuse beyond the average of the residences in the neighborhood.
3. The following are home occupations which are permitted to be conducted in a residential zone provided it is in accordance with this section or other city ordinance or state and federal law. The following uses listed automatically qualify as a home occupation: music instruction, handicraft, dressmaking, preserving, accountant, artist, author, business or management consultant, individual tutoring, millinery, child care of no more than 6 children, and home-based computer service businesses.
4. A use considered not within the scope of these home occupation provisions shall be subject to the provisions of the commercial or industrial zones of this article or require a specific use permit.

(Ordinance 240 adopted 3/15/94; Ordinance adopted 9/9/97; 2007 Code, sec. 155.42)

1. Purpose. In order to secure safety from fire, panic and other dangers; to lessen congestion in the streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land, minimum off-street parking and loading areas shall be provided as set forth in the following schedules and provisions.
2. General provisions for off-street parking.
   1. Off-street parking required by this article shall be on an all-weather surface and shall be connected by an all-weather surfaced driveway to an approved public or private street or alley. New construction begun after the effective date of this article shall require an all-weather surface of asphalt, concrete pavement or paving brick.
   2. No parking space shall be less than 18 feet in length (22 feet for parallel parking) and 9 feet in width. Exception: Parking spaces may be reduced in length when a tire-stop curb is installed 16 feet from the maneuvering lane and a clear space of at least 2 feet is provided for a vehicle overhang. The overhang is not permitted over public property or a setback in which parking is not permitted.
   3. 1. Required off-street parking for residential uses shall be provided on the lot or tract occupied by the principal use. Required off-street parking for nonresidential uses shall be provided on the lot or tract occupied by the principal use; however, the city may permit either required or additional off-premises parking, as a special exception, under such regulations and conditions as the city council may deem advisable when the proposed parking facility is on a platted lot within 300 feet of the principal use property. In the case of churches, off-site parking may be permitted by the council, provided it is located within 1,000 feet of the church building.
      2. The city council shall approve the location of entrances and exits to these parking facilities and may require screening devices along the parking facility boundaries.
   4. In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings used for repair garages or carwashes shall not be counted as meeting the required minimum parking.
   5. The interior flooring of parking garages or other facilities specifically intended for indoor parking shall not be included when calculating the minimum off-street parking requirements.
   6. Wherever a lot or tract of land is utilized for a combination of uses, the off-street parking requirements shall be the total of the requirements for each type of use. No off-street parking space provided for one type use or building shall be included in calculating the off-street parking requirements for any other use or building except as prescribed by this article.
   7. 1. Head-in parking spaces so situated that the maneuvering of a vehicle in entering or leaving these spaces is done on a public street or within public right-of-way shall not be classified as off-street parking in computing any parking requirements herein.
      2. The construction of head-in parking as described above shall be prohibited after the effective date of this article. All these head-in parking facilities in existence at the time of the enactment of this section are hereby declared to be a nonconforming use of land subject to the provisions of section 14.02.108.
   8. No off-street parking facility shall be located, either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way.
   9. No off-street parking shall be located, either in whole or in part, within any fire lane required by the city or within aisles, driveways or maneuvering areas necessary to provide reasonable access to any parking space.
   10. Tandem parking is prohibited.
   11. No required off-street parking facility shall be used for sales, nonvehicular storage, repair or service activities.
   12. Lighting facilities, if provided, shall be so arranged as to be reflected away from property zoned or used for residential purposes.
   13. For all multifamily and nonresidential uses, parking spaces shall be striped or otherwise clearly designated on the parking facility surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.
3. Parking in yards prohibited. No person shall park any vehicle or trailer in any front or side yard in any residential district except on an all-weather parking surface that is provided to accommodate off-street parking.
4. Handicapped parking requirements. The owner of any property that is open to the public shall designate specific parking spaces for the disabled in conformance with the rules promulgated by the Texas Americans with Disabilities Act. All these spaces shall be striped and designated by signs located where they will not be obscured.
5. Off-street loading requirements.
   1. All commercial and industrial uses shall be provided with off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. This off-street loading space may be adjacent to a public street or alley, private service drive, or may consist of a truck berth within the structure. No loading docks shall be constructed facing on any public street or highway unless the loading dock is at least 75 feet inside the right-of-way line of the street or highway on which the loading dock fronts.
   2. The off-street loading space or truck berth shall consist of a minimum area of 10 feet by 45 feet and the spaces or berths shall be provided in accordance with the following schedule:
      
      

      Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
      0 to 5,000	0
      5,000 to 25,000	1
      25,000 to 45,000	2
      45,000 to 65,000	3
      65,000 to 100,000	4
      Each additional 50,000 or portion thereof	1

   3. The existence of a 20-foot alley adjacent to the property shall be construed as equivalent to one berth. All off-street loading spaces shall have an all-weather surface of asphalt or concrete construction and shall be accessible by a street, driveway or alley.
6. Counting parking and loading space twice prohibited. No part of any off-street parking or loading space required in connection with any building for the purpose of complying with these zoning regulations shall be included as a part of any off-street parking or loading space similarly required for any other building.

(Ordinance 240 Amend. adopted 11/18/03; 2007 Code, sec. 155.43)

1. Screening required between incompatible zoning districts. Insofar as practical, screening must be erected, placed, grown and maintained along the common boundary line of incompatible zoning districts before any use is made of the property. This screening requirement shall be the responsibility of the owner of the less restrictive district, with the Single-Family Residential District (R-1, R-2 and R-3 districts) being the most restrictive and the Industrial District being the least restrictive district.
   1. This is illustrated by the following chart:
      
      

      (Most Restrictive)	R-1	Single-Family District
      	R-2	Single and Two to Four Family Residential District
      	R-3	Single, Two to Four and Mobile Home District
      	R-4	Multifamily Residential District
      	M-H	Mobile Home Residential District
      	B-1	Restricted Commercial District
      	B-2	General Commercial District
      	B-3	Central Business District
      (Least Restrictive)	I	Industrial District

   2. This screening shall not be less than 6 feet in height nor greater than 8 feet in height. However, no fence, wall or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in section 14.02.041.
2. Parking lots, playgrounds, ballfields, tennis courts and swimming pools to be screened. Any parking lot, playground, ballfield, tennis court or swimming pool, when adjacent to any residential use or district, shall be suitably screened from view with screening shrubs. This screening shall be at least 2 feet in height.
3. Garbage, refuse and trash collection/storage areas to be screened. Garbage, refuse and trash collection/storage areas in any multifamily residential district, condominium or townhouse project, or nonresidential district or use, shall be screened on at least 3 sides to adequately screen the area from view of the surrounding area.
4. Maintenance of screening devices.
   1. All screening devices shall be perpetually maintained by the owner of the property.
   2. Any structurally unsound screening device may be deemed a public nuisance by the city council and ordered to be repaired, replaced or removed by the owner of the property in accordance with state law.
5. Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
   
   Screening (device). Any of the following:
   1. Any solid fence or wall constructed of metal, brick, masonry or concrete, the vertical surface of which shall be without gaps, except openings for access;
   2. Any dense, screening shrubs providing a visual barrier, for which the material shall be maintained in a healthy growing condition; or
   3. Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.
   Screening shrubs, large. Shrubs with an installed minimum height of 3 feet as identified below, or any other shrubs which, when mature, shall reach a minimum height of 6 feet, provide a dense visual barrier, be drought-resistant and possess compact root systems posing minimum danger to integrity of public utilities. The large screening shrubs included on the following list are recommended to be planted to screen incompatible land uses, parking facilities and dumpsters by forming a visual barrier.
   
   

   Common Name	Botanical Name
   Photinia	Photinia serrulata
   Fraser’s Photinia	Photinia fraseri
   Burford Holly	Ilex cornuta ‘Burfordii’
   Chinese Holly	Ilex cornuta ‘Rotunda’
   Waxmyrtle	Myrica cerifera
   Yaupon Holly	Ilex vomitoria
   Nellie R. Stevens Holly	Ilex cornuta

   Screening shrubs, small. Shrubs with an installed minimum height of 2 feet as hereinafter identified, or any other shrubs which, when mature, shall reach a minimum height of 2 feet and provide a dense visual barrier. The small screening shrubs included on the following list are recommended to be planted to screen parking lots, playgrounds, ballfields, swimming pools and tennis courts by forming a visual barrier.
   
   

   Common Name	Botanical Name
   Compact Nandina	Nandina compacta
   Dwarf Abelia	Abelia ‘Edward Goucher’ Abelia prostata
   Dwarf Burford Holly	Ilex cornuta ‘Burfordii Nana’
   Dwarf Yaupon Holly	Ilex vomitoria ‘Nana’

(Ordinance 240 adopted 3/15/04; 2007 Code, sec. 155.44)

1. Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
2. Location restrictions. It shall be unlawful to operate or cause to be operated a sexually oriented business within 1,000 feet of a church; a public or private elementary or secondary school; any residentially zoned property; a public park; or another sexually oriented business. For the purposes of measuring distances, the measurement shall be in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park or residential district. The distance between any 2 sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each sexually oriented business is located.
3. Exceptions. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
   1. By a proprietary school licensed by the State of Texas, a college, junior college, or university supported entirely or partly by taxation;
   2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported by taxation; or
   3. In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; where, in order to participate in a class, a student must enroll at least 3 days in advance of the class; and where no more than one nude model is on the premises at any one time.

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.45)

State law reference–Authority of municipality to regulate sexually oriented businesses, V.T.C.A., Local Government Code, ch. 243.

1. It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city.
2. In order to provide for these uses and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
   1. The applicant shall refer the question of any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which the use may be placed. This request shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities and sanitation collection.
   2. The planning and zoning commission shall then consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and, after public hearing, determine the zoning district or districts within which the use should be permitted.
   3. Following its decision, the planning and zoning commission shall submit its recommendation to the city council for final approval.
   4. The same procedures should be followed as outlined in section 14.02.152 pertaining to amendments, including the public notice and hearing requirements, when considering any zoning classification request for a new or unlisted land use.

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.46)

1. Nonconforming use or structure defined. When a use or structure does not conform to the regulations prescribed in the zoning district in which such use or structure is located and was in existence and lawfully operating prior to the adoption of any previous zoning ordinance and has been operating since without continuance, or when on the effective date of this article, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of any previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which the use or structure is located, the use or structure shall be considered as a nonconforming use or structure.
2. Building on nonconforming lots of record. In any district in which residential, commercial or industrial buildings are permitted, buildings may be erected on any single lot of record or multiple lots, provided there is access to such buildings or houses from a street and it is in the same ownership as recorded on the effective date of this article. This provision shall apply even though the lot or lots fail to meet the minimum requirements for area, width or depth, for the district in which located; however, all other requirements shall still apply. Any construction on nonconforming lots of record shall be permitted only with approval of the board of adjustment. However, any construction on nonconforming lots of record in the original Glen Rose Township plat may be permitted on a case-by-case basis with the permission of the city building official.
3. Expansions or enlargements prohibited.
   1. Repairs and alterations may be made to a legal nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No nonconforming use or building may be expanded or increased beyond the lot or tract of land upon which the nonconforming use or structure is located after the passage of this article except to provide off-street loading or off-street parking space facilities. However, the board of adjustment shall have the authority after a hearing to grant extension of a nonconforming building not to exceed 25% of the existing building area in case of hardship.
   2. To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been properly secured from the city.
4. When discontinued, conformance required. The lawful use of a building or land existing at the date of enactment of this article, although the use does not conform to the provisions hereof, may be continued. However, if the nonconforming use of any land is discontinued for a period of 60 consecutive calendar days, it shall not thereafter be resumed and any future use of that land shall be in conformity with this article. Upon evidence of hardship, the board of adjustment shall have the power to extend the time limits for the nonconforming use, not to exceed 6 months. If a nonconforming building or structure is discontinued for a period of 6 consecutive calendar months, it shall not thereafter be resumed and any future use of that land shall be in conformity with this article.
5. Classification changes. A nonconforming use or building changed to a conforming use or building may not thereafter be changed back to a nonconforming use or building. Also, whenever a nonconforming use of a building or structure is changed to a use of a more restrictive classification, the use shall not thereafter be changed to a use of a less restricted classification. For the purpose of this regulation, uses permitted in R-1 districts shall be deemed to be those in the most restrictive zoning classification while industrial districts shall be the least restrictive.
6. When restoration allowed. A nonconforming building or structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than 50% of its assessed value, may be restored. If the damage is in excess of 50% of its value, application for restoration shall first be made to the board of adjustment to permit this restoration. The board may grant or deny this restoration only after public hearing and taking into consideration the property owner’s circumstances and the effect on the surrounding property. Homeowners, as shown by the city tax records on the effective date of this article, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustment. However, the restoration shall comply with all construction codes then in effect within the city and reconstruction must be started within 6 months. The failure to start restoration or reconstruction within 6 months shall forfeit the owner’s right to restore or reconstruct the same unless as a conforming building or structure.

(Ordinance 240 adopted 3/15/94; Ordinance adopted 10/21/97; 2007 Code, sec. 155.47)