The use table classifies land uses into major groups such as: residential, public and civic, commercial, industrial, agricultural, and other. These are referred to as "use groups".

Each use group is further divided into "use categories". These categories classify land uses based on common characteristics, such as the type of products sold, site conditions, or the amount of activity on the site. The "use standard" column in the use table provides a cross-reference to additional standards that apply to some uses, whether or not they are allowed as a permitted use or special use.

When a land use cannot be classified into a use category or appears to fit into multiple categories, the City Manager is authorized to determine the most appropriate use category.

1. Permitted uses. Uses identified with an "Y" are permitted by right in the designated zoning districts, subject to compliance with all other applicable provisions of this chapter.
2. Planned uses. Uses identified with a "P" require site or narrative development plan approval. Development is to be consistent with the approved site or narrative development plan. If the property is undeveloped, any proposed use shall be consistent with design parameters approved with the zone change.
3. Special uses. Used identified with an "S" in the use table may be allowed in the designated zoning districts if approved in accordance with the special use approval procedures. Approved special uses are subject to compliance with all other applicable provisions of this chapter.
4. “Use” means an activity or function carried out on an area of land, or in a building or structure located thereon. Any use comprising the sole or main use on the site is considered the primary use of the site. Any use subordinate or incidental to the primary use on a site is considered an accessory use.
   
   1. Permanent Cosmetics and/or Piercing Salons, as defined in “Definitions,” which are an accessory and related retail land use to a use already allowed in the zoning district in which the primary use is located, shall be considered an accessory use provided the area utilized for the permanent cosmetic application or piercing salon occupies less than 25 percent of the floor area the primary use and the business is not open between the hours of 9:00 p.m. and 8:00 a.m.
      
   2. A piercing salon may be considered an accessory and related retail land use if it is associated with one or several of the following uses:
      
      1. Grooming & Hygiene Salon,
         
      2. Kiosk (Service),
         
      3. Large Retail (w/Gas Sales),
         
      4. Tailor Shop and
         
      5. Variety Stores.
         
   3. Permanent Cosmetics may be considered an accessory and related retail land use if it is associated with one or several of the following uses:
      
      1. Grooming & Hygiene Salon,
         
      2. Funeral Home,
         
      3. Outpatient Care Clinic/Center,
         
      4. Medical and Dental Offices, and
         
      5. Hospital.
5. Temporary uses. Uses identified with a "T" in the use table are uses that require a temporary use permit with accordance with temporary uses procedures.
6. Prohibited uses. Uses that have no letter in the use table are expressly prohibited.
   
   Table 153-5. Residential District Use Table
   
   

   Use Group Use Category - Use Sub Category - Specific Uses	AG	R-1	R-2	R-3	MF	SF-MH	MHP
   Assisted Living/Retirement Center					Y
   Condominium				Y	Y
   Crisis Center (6 or fewer)	S	S	S	S	S
   Duplex				Y	Y
   Garage Apartment	Y	Y	Y	Y	Y
   Halfway House					S
   Mobile Home Park							Y (with license)
   Modular Home	Y	Y	Y	Y		Y
   Mother-in-law quarters	S	S	S	S
   Multi-Family (Apartment)					Y
   Nursing Home/Rehabilitation					Y
   Rescue Mission/Home					S
   Single-Family Attached				Y	Y
   Single-Family Detached	Y	Y	Y	Y		Y
   Townhouse/Rowhouse				Y
   Cultural Facilities and Libraries	S	S	S	S	Y
   Day Care Center (Child or Adult)					Y		S
   Parks and Open Space	Y	Y	Y	Y	Y	Y	Y
   Animal Park	Y
   Zoo	S
   Post Office	Y	Y	Y	Y	Y	Y	Y
   Public Safety (Police/Fire)	Y	Y	Y	Y	Y	Y	Y
   Major Utilities	Y	S	S	S	S	S	S
   Minor Utilities	Y	Y	Y	Y	Y	Y	Y
   Church, Temple, Synagogue, Mosque (Church Activity/Recreational Center)	Y	Y	Y	Y	Y	Y	Y
   College or University					Y
   College Dormitory (Off Campus)					Y
   College Fraternity/Sorority House					Y
   Public School (Pre-School, Kindergarten, Elementary, Junior High, High School)	Y	Y	Y	Y	Y	Y	Y
   School student/activity center/field (public)	Y	S	Y	Y	Y	Y	Y
   Club/Social Organization	S		S	S	S	S	S
   Country Club (Private)	S		S	S	S	S	S
   Rodeo Grounds	S
   Bed and Breakfast	S	S	S	S	S
   Boarding/Rooming House	S	S	S	S	S
   Campground	S				S
   Oil and Gas Exploration (Drilling Activity)	S	S	S	S	S	S	S
   Oil and Gas Exploration (Producing Well)	S	S	S	S	S	S	S
   Accessory Structures	Y	Y	Y	Y	Y	Y	Y
   Community Center (Public or Private)	S	S	S	S	S	S	S
   One Chair Barber/Beauty Shop (Residential)	S	S	S	S	S	S	S
   Day Care at Home (Adults) max. 6	S	S	S	S	S	S	S
   Day Care at Home (Children) max. 6	S	S	S	S	S	S	S
   Home Occupation	S	S	S	S	S	S	S
   Photography Studio	Y	Y	Y	Y	Y	Y	Y
   Piano Lessons	Y	Y	Y	Y	Y	Y	Y
   Swimming Lessons	Y	Y	Y	Y	Y	Y	Y

   
   Non-Residential District Use Table
   
   

   Use Group Use Category - Use Sub Category - Specific Uses	AG	B-1	B-2	MXU	OTC	LI
   RESIDENTIAL
   Assisted Living/Retirement Center		Y	Y	Y
   Condominium		Y	Y	Y	S
   Crisis Center	S	S	S	S		S
   Halfway House	S	S	S	S		S
   Multi-Family (Apartment)		Y	Y	Y	S	S
   Nursing Home/Rehabilitation		Y	Y	Y
   Rescue Mission/Home		S	S	S		S
   Single-Family Attached			S	S
   Single-Family Detached	Y			Y		Y
   Townhouse/Rowhouse				S		S
   Two-Family Duplex/ Three-Family Triplex				S		S
   PUBLIC/CIVIC
   Cultural Facilities and Libraries	S	Y	Y	Y	S	Y
   Day Care Center (Child or Adult)		Y	Y	Y		S
   Parks and Open Space	Y	Y	Y	Y	Y	Y
   Amphitheater	Y	Y	Y	Y	Y
   Animal Park	Y		S	S
   Zoo	S		S	S
   Post Office	Y	Y	Y	Y	Y	Y
   Public Safety (Police/Fire)	Y	Y	Y	Y	Y	Y
   Major Utilities	Y	S	S	S	S	Y
   Minor Utilities	Y	Y	Y	Y	Y	Y
   Church, Temple, Synagogue, Mosque (Church Activity/Recreational Center)	Y	Y	Y	Y	Y	Y
   College or University			Y	Y	S	Y
   College Dormitory (Off-Campus)
   College Fraternity/Sorority House
   Public School (Pre-School, Kindergarten, Elementary, Junior High, High School)	Y	Y	Y	Y	Y	Y
   School student/activity center/field (public)	Y	Y	Y	Y	Y	Y
   COMMERCIAL
   Agriculture
   Stables	Y
   Cattle Pens	Y					Y
   Dairy Farm	Y
   Farm/Crop Production	Y
   Feed Lot	Y
   Fishing Pond	Y			S		Y
   Orchard	Y					Y
   Grain Storage Elevator	Y					Y
   Greenhouse/Plant Nursery	Y		Y	S		Y
   Livestock/Auction Facility	Y
   Tree Farm	Y					Y
   Animal Services
   Kennel (Commercial)	Y		Y	S		Y
   Pet Grooming (No overnight stay)	Y	Y	Y	Y	Y	Y
   Pet Shop (No outdoor pens)	Y	Y	Y	Y	Y	Y
   Pet Shop (Outdoor pens)	Y		Y	S		Y
   Veterinary Clinic (No outdoor pens)	Y	Y	Y	Y	Y	Y
   Veterinary Clinic (Outdoor pens)	Y		Y			Y
   Banks and Financial Services
   Automatic Teller Machine (ATM)	Y	Y	Y	Y	Y	Y
   Bank		Y	Y	Y	Y	Y
   Credit Union/Bureau		Y	Y	Y	Y	Y
   Pawn Shop			Y	Y		Y
   Bail Bonds		Y	Y	Y		Y
   Construction Sales and Service
   Building Material/Home Supply Store (No Outdoor Storage)		Y	Y	Y	Y	Y
   Building Material/Home Supply Store (Outdoor Storage)		Y	Y			Y
   Cabinet/Woodwork shop (Repair only)		Y	Y	Y	S	Y
   Contractor's Shop/Storage yard			S	S		Y
   Electrical, Plumbing, A/C, Heat (Wholesale)			S	S		Y
   Lumber/Building Materials Sales Yard			S	S		Y
   Eating and Drinking Establishments
   Bakery (Retail)		Y	Y	Y	Y	Y
   Café, Coffee Shop, Tea Room		Y	Y	Y	Y	Y
   Delicatessen		Y	Y	Y	Y	Y
   Donut Shop		Y	Y	Y	Y	Y
   Food Vendors (Mobile)			T	T	T	T
   Ice Cream Parlor		Y	Y	Y	Y	Y
   Restaurant		Y	Y	Y	Y	Y
   Entertainment (Indoor)
   Club/Social Organization		S	Y	Y	Y	Y
   Concert Facility		S	Y	Y		Y
   Dance Hall, Nightclub, Disco, Bar			Y	S	Y	Y
   Theater, Playhouse		S	Y	Y	Y	Y
   Theater-Cinema	S	S	Y	Y	Y	Y
   Entertainment (Outdoor)
   Amphitheater	Y	S	Y	Y	S	Y
   Circus/Carnivals		T	T	T	T	T
   Country Club	Y		Y	Y		S
   Racetrack (Horse/Dog)	S					S
   Racetrack (Motorized)	S					S
   Recreational Field	S	Y	Y	Y	S	Y
   Rodeo Grounds	S					S
   Theater, Drive-in	S		Y	Y	T	Y
   Funeral and Internment Service
   Cemetery, Mausoleum	(Per State Law: No new cemeteries allowed within the city limits. Only existing cemeteries may be expanded.)
   Columbarium	S	S	S	S	S	S
   Monument Sales Lot			Y	Y		Y
   Mortuary/Funeral Home/Crematory		Y	Y	Y	Y	Y
   Lodging
   Bed and Breakfast	S	Y	Y	S	S
   Cabins, Rental	S		S	S		Y
   Extended Stay Hotel			Y	S		Y
   Hotel, Motel, Resort		S	Y	Y		Y
   RV Park			S	S		Y
   Medical, Dental, Optical
   Dentist Office		Y	Y	Y	Y	Y
   Pharmacy (Apothecary)		Y	Y	Y	Y	Y
   Physician's Office		Y	Y	Y	Y	Y
   Psychologist Office		Y	Y	Y	Y	Y
   Optometrist Office		Y	Y	Y	Y	Y
   Laboratory, Medical		Y	Y	Y	Y	Y
   Office
   Abstract Office		Y	Y	Y	Y	Y
   Accounting Office		Y	Y	Y	Y	Y
   Advertising/Public Relations Agency		Y	Y	Y	Y	Y
   Architect's, Engineer's, Planner's Office		Y	Y	Y	Y	Y
   Attorney's Office		Y	Y	Y	Y	Y
   Collection Agency		Y	Y	Y	Y	Y
   Data Processing Service		Y	Y	Y	Y	Y
   Employment Agency		Y	Y	Y	Y	Y
   Geologist/Oil and Gas Office		Y	Y	Y	Y	Y
   Insurance Office		Y	Y	Y	Y	Y
   Research Laboratory		Y	Y	Y	Y	Y
   Answering Service Office		Y	Y	Y	Y	Y
   Photocopy, fax, internet services (Multi-media center)		Y	Y	Y	Y	Y
   Print Shop		Y	Y	Y	Y	Y
   Protection Service Office		Y	Y	Y	Y	Y
   Stocks and Bonds Brokerage Office		Y	Y	Y	Y	Y
   Studio (Broadcasting/Recording)		Y	Y	Y	Y	Y
   Tax Consultant/Financial Office		Y	Y	Y	Y	Y
   Utility Company Office		Y	Y	Y	Y	Y
   Office Park		Y	Y	Y	Y	Y
   Parking Garage/Lot (Commercial)		Y	Y	Y	Y	Y
   Personal and Consumer Service
   Alcohol Retail Sales/Package Store			Y	S	S	Y
   Business, Professional School		Y	Y	Y	Y	Y
   Catering Service		Y	Y	Y	Y	Y
   Cleaning/Laundry (Pick-up/Drop-off only)		Y	Y	Y	Y	Y
   Cleaning/Laundry (On-site)			Y	Y		Y
   Community Health/Welfare Center		Y	Y	Y	S	Y
   Day Spa		Y	Y	Y	Y	Y
   Framing Shop		Y	Y	Y	Y	Y
   Gas Station/Convenience store			Y	Y	S	Y
   Hair Salon, Beauty Salon, Permanent Cosmetics		Y	Y	Y	Y	Y
   Art, Ceramic, Craft Workshop		Y	Y	Y	Y	Y
   Laundry (Self Service)			Y	Y		Y
   Massage Therapist		Y	Y	Y	Y	Y
   Optical/Eyewear Store		Y	Y	Y	Y	Y
   Palm Reader						Y
   Photography Studio		Y	Y	Y	Y	Y
   Art Studio, Instructional or Gallery		Y	Y	Y	Y	Y
   Tailor/Seamstress Shop		Y	Y	Y	Y	Y
   Tanning Salon		Y	Y	Y	Y	Y
   Tattoo Studio		Y	Y			Y
   Travel Agency		Y	Y	Y	Y	Y
   Retail Sales and Services
   Antique Mall, Multiple Dealers		Y	Y	Y	Y	Y
   Antique Shop		Y	Y	Y	Y	Y
   Antique Shop (With Outdoor Display)		Y	Y	Y	Y	Y
   Arts and Crafts Supply Store		Y	Y	Y	Y	Y
   Auto Supply (Without Installation)			Y	Y		Y
   Bicycle Shop		Y	Y	Y	Y	Y
   Book Store		Y	Y	Y	Y	Y
   Camera, Photography Store		Y	Y	Y	Y	Y
   Cleaning Plant (Commercial)			Y	S		Y
   Clothing/Apparel (Custom Made)		Y	Y	Y	Y	Y
   Clothing/Apparel Store			Y	Y	Y	Y
   Confectionery Shop (Retail)		Y	Y	Y	Y	Y
   Department Store			Y	Y	Y	Y
   Discount Store			Y	Y	Y	Y
   Drug Store		Y	Y	Y	Y	Y
   Feed/Seed Store			Y	Y	Y	Y
   Flea Market (Indoor Only)			Y	Y	Y	Y
   Flea Market (Outdoor Display/Sales)			Y	Y	S	Y
   Florist		Y	Y	Y	Y	Y
   Food, Grocery Store			Y	Y	Y	Y
   Fruit-Vegetable/Produce Market		Y	Y	Y	Y	Y
   Fruit-Vegetable Stand		Y	Y	Y	Y	Y
   Furniture/Appliance (Sales and Service)			Y	Y	Y	Y
   Gift Shop		Y	Y	Y	Y	Y
   Hardware Store			Y	Y	Y	Y
   Jewelry (Custom Made)		Y	Y	Y	Y	Y
   Jewelry Store		Y	Y	Y	Y	Y
   Key/Locksmith Shop		Y	Y	Y	Y	Y
   Lawn and Garden			Y	Y	Y	Y
   Lawn and Garden (Outdoor Display and Sales)			Y	Y	Y	Y
   Lawn and Garden Equipment Sales and Service Store			Y	Y	S	Y
   Meat/Seafood Market (No processing)		Y	Y	Y	Y	Y
   Medical Appliance Store		Y	Y	Y	Y	Y
   Music Store		Y	Y	Y	Y	Y
   Outdoor Display			Y	Y	Y	Y
   Outdoor Storage			Y	Y		Y
   Second Hand Store		Y	Y	Y	Y	Y
   Sewing Machine Sales and Service		Y	Y	Y	Y	Y
   Shoe Repair Shop		Y	Y	Y	Y	Y
   Shoe Store		Y	Y	Y	Y	Y
   Shoes, Boots, Purses (Custom Made)		Y	Y	Y	Y	Y
   Skateboards and Accessories, Bicycle sales		Y	Y	Y	Y	Y
   Swimming Pool Sales/Supplies			Y	Y		Y
   Taxidermy Shop	Y	Y	Y	Y	Y	Y
   Tobacco Store		Y	Y	Y	Y	Y
   Video Store		Y	Y	Y	Y	Y
   Self-Service Storage Facility			Y			Y
   Sexually Oriented Business						Y
   SPORTS AND RECREATION
   Indoor
   Archery Range			Y	Y		Y
   Bingo Parlor			Y	Y	S	Y
   Bowling Alley		Y	Y	Y		Y
   Commercial Amusement Center		Y	Y	Y	Y	Y
   Commercial Recreation Center		S	Y	Y	S	Y
   Firearms Range (Indoor)	S	S	Y	S		Y
   Pool Hall, Game Room (See Ch. 111-CO)			Y	Y	Y	Y
   Private Recreational Club			S	S		S
   Skating Rink		S	Y	Y		Y
   Outdoor
   Archery Range	S		S			S
   Commercial Amusement Park	S		Y	Y		Y
   Commercial Recreation Center			Y	Y	Y	Y
   Day Camp	Y		S	Y		Y
   Fish Pond (Commercial)	Y
   Go-Cart Track	S	S	S	S		Y
   Golf Course, Miniature Golf, and Driving Range	S	S	S	S		Y
   Marina/Boat Dock			S	S		Y
   Riding Stable/Club	S		S	S		Y
   Rodeo Grounds	S					S
   Skating Rink (Outdoor) Skateboard Park	Y		Y	Y		Y
   Skeet/Trap Range	S					S
   Telecommunications/Broadcasting Towers/Buildings	S	S	S	S	S	S
   VEHICLE AND EQUIPMENT SALES, RENTAL AND REPAIR
   Automobile Dealership		Y	Y	Y		Y
   Motorcycle Dealership		Y	Y	Y		Y
   Auto Detail Shop		Y	Y	Y		Y
   Auto Glass, Muffler, Seat Cover, Headliner Shop			Y	Y		Y
   Auto Rental Agency			Y	Y		Y
   Auto/Truck Equipment Auction Facility			Y	Y		Y
   Battery Service Shop			Y	Y		Y
   Car Wash			Y	Y		Y
   Tire Sales and Service			Y	Y		Y
   Tire Sales and Service (With Outdoor Display)			Y	Y		Y
   Auto and Motorcycle Service Garage			Y	Y		Y
   Auto Repair Services, Major			Y			Y
   Auto Repair Services, Minor			Y	Y		Y
   Auto Supply (With Install)			Y	Y		Y
   Auto/Truck Paint and Body Shop			Y	Y		Y
   Vehicle Towing Service			Y	Y		Y
   HEAVY EQUIPMENT/VEHICLE SALES/RENTAL
   Boat Dealership			Y	Y		Y
   Heavy Equipment/Machinery Rental Yard			Y	Y		Y
   Heavy Machinery Dealership (Sales and Service)			Y	Y		Y
   Manufactured Housing Sales Lot						Y
   R.V. Dealership			Y	Y		Y
   Truck Stop (Fuel, Service)			Y	Y		Y
   Truck/Heavy Equipment Rental Facility						Y
   Truck/Tractor (Sales, Rental, and Service)			Y	Y		Y

   
   Industrial District Use Table
   
   

   Use Group Use Category - Use Sub Category - Specific Uses	AG	B-1	B-2	MXU	OTC	LI
   Limited						Y
   Electronic/Electrical Equipment Mfg.						Y
   Food Manufacturing/Processing Plan						Y
   Furniture/Fixtures Manufacturing Plant						Y
   Lithographic Shop/Commercial Printer			Y			Y
   Meat/Fish Packing Plant						Y
   Milk Distribution Station			Y			Y
   Newspaper Printing Plant			Y			Y
   Poultry Processing Plant						Y
   Printing/Publishing Plant			Y			Y
   Sheet Metal Fabrication Shop						Y
   Sign Contractor's Shop/Yard						Y
   Acid Manufacturing Plant						Y
   Auto/Truck Assembly Plant						Y
   Boat Manufacturing Plant						Y
   Chemicals/Allied Products Mfg. Plant						Y
   Fabricate Metal/Welding						Y
   Fertilizer Plant						Y
   Grain/Feed Processing Plant						Y
   Foundry/Metals Manufacturing Plant						Y
   Home Appliance Manufacturing Plant						Y
   Industrial/Commercial Equipment Mfg.						Y
   Motor Freight Terminal						Y
   Pulp-Paper Mill						Y
   Railroad Depot				S		Y
   Railroad Freight Terminal				S		Y
   Sand, Gravel, Stone, Earth, Mineral Extraction				S		S
   Sand, Gravel, Stone, Earth, Mineral Sales				Y		Y
   Textile Mill						Y
   Tire Retreading/Vulcanizing Plant						Y
   Wood Products Mfg. Plant (10+ Employees)			S	S		Y
   Oil and Gas Exploration (Drilling Activity)	S	S	S	S	S	S
   Oil and Gas Exploration (Producing Well)	S	S	S	S	S	S
   Oil and Gas Field Equipment Sales/Rental						Y
   Oil and Gas Treatment/Processing Plant						Y
   Petroleum Refinery						Y
   Petroleum Tank Farm						Y
   Research Laboratory
   Laboratory Mfg.						Y
   Frozen Food Locker Plant						Y
   Hauling and Storage Facility						Y
   Warehouse and Distribution Center						Y
   Waste and Disposal
   Junk/Salvage Yard						Y
   Sanitary Landfill						Y
   Recycling Facilities
   Building Materials Salvage Yard						Y
   Industrial Recycling Plant						Y
   Recycling Center/Collection (Cans, Glass, Paper)		S	Y	S		Y
   Recycling Center (Hazardous Material)						Y

Within the districts established by this chapter there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions within this chapter are met.

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses unless provided for in this chapter.

Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use, platted lot, or structure when:

1. Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of this chapter, and has since been in regular and continuous use; or
2. Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of any amendment to this chapter, but by such amendment is placed in a district wherein such use, platted lot, or structure is no longer permitted, and has since been in regular and continuous use; or
3. Such use, platted lot, or structure was in existence and lawfully operating at the time of annexation into the City and has since been in regular and continuous use.

1. The lawful use of land or lawful existence of structures as of the effective date of this chapter, although such does not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, as these terms are defined in Subsection B below, any future use of said premises shall be in conformity with the provisions of this chapter.
2. "Discontinuance" of a nonconforming use shall be defined as the actual act or date that the use is discontinued (i.e., ceases to operate on the subject property). "Abandonment" of a nonconforming use or structure shall be defined as the actual act or date of abandonment as described in Subsection C.
3. When a nonconforming use or structure which does not meet the standards in this chapter ceases to be used in such manner as stated in Subsection B above for a time period of six months or longer, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment, except as allowed in Subsection 29-62(E) (sic). Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
4. No nonconforming use or structure may be expanded, re-occupied with another nonconforming use, or increased following the effective date of this chapter except as provided in § 153.75.
5. Conforming single-family residential uses on platted lots which were approved prior to the effective date of this chapter, which are now nonconforming due to stricter standards, shall be deemed in conformance with this chapter as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this chapter shall be met or the lot shall be considered nonconforming.
6. Any existing vacant lot platted prior to the effective date of this chapter, which was legally conforming when platted, shall be deemed a conforming lot.

1. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
2. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in § 153.76 below.
3. A nonconforming use may not be changed to another nonconforming use.

An expansion of a nonconforming use or structure is allowed in accordance with the following:

1. A nonconforming use located within a building may be extended throughout the existing building, provided that;
   1. No structural alteration may be made on or in the building except those required by law to preserve such building in a safe and structurally sound condition.
   2. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
2. No nonconforming use within a building may be extended to occupy any land outside the building.
3. No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.
4. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required which was an official "lot of record" prior to the effective date of this chapter, may be used for a single-family dwelling.
5. Buildings or structures which have been vacant or abandoned for more than six months and do not meet the current area regulations or development standards shall be required to conform with the current standards of this chapter.

1. If a structure occupied by a nonconforming use is destroyed by fire, the elements, or some other cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case of partial destruction of a nonconforming structure which does not exceed 50% of its total appraised value as determined by the Cherokee County Appraisal District, reconstruction will be permitted, but the previously existing square footage of the structure and/or the function of the nonconforming use cannot be expanded.
   

The City Council is authorized to order the abatement of any nonconforming use or structure, upon a recommendation for such abatement by the Planning and Zoning Commission, after public hearings by both the Planning and Zoning Commission and City Council, with written notice of such public hearings being given to the owner of such property. It shall be a prerequisite for any such abatement of a nonconforming use or structure that both the Planning and Zoning Commission and City Council determine that such abatement is necessary to protect and preserve the public health, safety and welfare, or to protect and preserve the values of adjoining or neighboring properties, or to protect and preserve the rights of the owners of adjoining or neighboring properties to peaceably inhabit, occupy and enjoy their adjoining or neighboring property. In the event the City Council orders the abatement of any such nonconforming use or structure, such order shall establish and set forth an equitable period of time within which such abatement must be completed which will allow the owner (and lessee, if any) of such property to amortize his investment in such property, so that any financial loss will be minimized. It is expressly provided, however, that the provisions of this section shall not authorize the mandatory abatement of any nonconforming use, the continuance of which is authorized under § 43.002 of the Texas Local Government Code or any similar State or federal law, existing or hereinafter enacted.

1. Nothing herein contained shall require any change in the plans, construction or designated use of:
   1. A building or structure for which a building permit has been issued or a site plan approved, which has not expired prior to the effective date of this chapter.

The City Council may, after public hearing and proper notice to all parties affected, and, after recommendation from the Planning and Zoning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize by ordinance the location of any of the following:

1. Any use of a public building to be erected or used by the city, county, state or federal government in any district.
2. Dwelling units in L-1.
3. Day nurseries keeping more than four children in any residential district, as allowed by Table 153-5.
4. Dog kennels and veterinarian hospitals in the commercial district or on sites of five acres or more in any district as allowed by Table 153-5.
5. In any district, as allowed by Table 153-5, a commercial or recreational establishment or development primarily for entertainment which shall include, but not be limited to:
   1. Miniature golf course.
   2. Driving range.
   3. Sports arena.
   4. Bowling alley.
   5. Drive-in theater.
   6. Roller skating rink.
   7. Ice skating rink.
   8. Movie theater/cinema.
   9. Outdoor or indoor stage for theatrical or musical productions.
   10. Tennis courts.
   11. Baseball batting cages.
   12. Basketball practice courts.
   13. Rodeo grounds.
   14. Race car tracks.
   15. Off-the-road vehicle, go-cart tracks.
   This shall not apply to a facility operated by a governmental entity or a privately owned noncommercial facility.
6. Riding academy or public stable on sites of five acres or more in any district, as allowed by Table 153-5.
7. Radio broadcasting towers and stations, television towers and television transmitting stations in any district, as allowed by Table 153-5.
8. Any installation of a public utility either privately or publicly owned in any district, as allowed by Table 153-5.
9. Gas and electrical public utility regulating stations in any district, as allowed by Table 153-5.
10. Hospitals, children's homes, convalescent homes, old people's homes, maternity homes in an apartment district where a site of five acres or more is provided.
11. Homes for the insane, alcoholic, feeble-minded and narcotic addicts in a commercial district or in any district, as allowed by Table 153-5, where a site of twenty (20) acres or more is provided.
12. Lodges, boardinghouses, rooming houses in an apartment district.
13. Private clubs and community buildings in an apartment or less restricted district or on a site of three acres or more in any district, as allowed by Table 153-5.
14. Drive-in theaters in a local retail district or on sites of ten acres or more in any district, as allowed by Table 153-5.
15. Commercial greenhouses and nurseries in any district, as allowed by Table 153-5.
16. Trailer parks in a commercial district or on sites of 20 acres or more in any district, as allowed by Table 153-5.
17. Rock quarries, sand, gravel, earth excavations and drilling and extraction of underground mineral resources in industrial districts.
18. Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit the City Council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the Building Official for the use of the buildings on such property pursuant to the special use permit; and such conditions shall not be construed as conditions precedent to the granting of a special use permit for the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy. The following are examples of regulating measures which may be included in the requirements for a special use permit:
    1. Parking stipulated as part of recommendation;
    2. Site plan required in all applications;
    3. Approval of means of ingress and egress;
    4. Approval of building size and location;
    5. Control of outside lighting and screening;
    6. Special setbacks and/or building lines;
    7. Surfacing of parking areas and drives;
    8. Installation of curbs and drainage structures;
    9. Approval of use permitted.

1. Vision clearance. On any corner lot on which front and side yards are required, no wall, fence, structure, sign, tree, shrub or hedge shall be maintained as to cause danger to traffic by obstructing the view, and when topography prevents a clear view, this bank shall be moved.
2. Front yard. The front yards required elsewhere in this article shall be adjusted in the following cases:
   1. Where 35% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have, with variation of five feet or less, a front yard greater or lesser in depth than required in this article, new buildings shall not be erected closer to the street than the building line so established by the existing buildings; however, this regulation shall not be interpreted as requiring a building line of more than 40 feet.
   2. Where the frontage between two intersecting streets is developed with buildings that do not have a front yard as described in subsection (B)(1), then:
      1. Where a building is to be erected on a parcel of land and will not be more than 200 feet from existing buildings on either side, the building line shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides.
      2. Where a building is to be erected on a parcel of land that is within 200 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building; however, this regulation shall not be interpreted as requiring a building line of more than 40 feet.
   3. Where a building line has been established by ordinance and such line requires a greater setback than is prescribed by this article in the district in which the building line is located, no building shall be erected closer to the street than the line so established.
   4. Where a building line is shown on a plat recorded for record with the county clerk prior to July 1, 2010 and such building line provides a front yard of 25 feet or more in depth and a side yard of ten feet or more in depth and is part of a comprehensive plan for the orderly development of a subdivision, either with a uniform or staggered building line, no building shall be erected closer to the street than the building line or lines so shown; however, any building line established by ordinance shall take precedence over a building line shown on a recorded plat.
   5. Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. The supporting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but shall never be closer to the property line than 12 feet. The building line of a gasoline filling station shall mean the actual wall of the filling station and shall not be interpreted as being the curb of a walk or driveway, or as the front of a canopy or the column supporting same.
3. Side and rear yards.
   1. Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted by this article and the ordinary projection of windowsills, belt courses and other ornamental features projecting not to exceed 12 inches. Eaves and awnings on main residential structures shall not project closer than three feet of a side or rear lot line.
   2. Accessory buildings may be built in the rear yard except that when such accessory building is located closer than 15 feet to the main building it shall observe the same side yard as required for the main building.
   3. Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and ordinary projections of chimneys and flues into rear yards shall not project into the required rear yard more than three and one-half feet.
   4. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the ground (first) floor level of the building may project into a required side yard provided such projections are not erected closer than two feet from the side lot lines.
4. Lot area. On any lot separately owned prior to September 1, 1979, a single-family house may be erected even though of less area than required by these regulations.
5. Location of dwellings and buildings. Only one main building for a single-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a street or officially approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for retail, commercial, industrial, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a street or officially approved place other than an alley. Whenever two or more main buildings or portions thereof are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, the same may be permitted when the site plan for such development is approved by the city planning and zoning board so as to comply with the normal requirements for platting. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any dwelling or other use.
6. Existing oil well, derrick and pumping units. Any oil well, derrick or pumping unit existing at the time of the passage of this chapter [June 10, 2010] shall thereafter be deemed a conforming use.
7. Existing duplexes and apartments. Any duplex or apartment use existing at the time of the passage of this chapter shall thereafter be deemed a conforming use.