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<br />ZONING <br /> <br />~ 106-268 <br /> <br />e. Lack of substantial compliance with applicable city codes and ordinances; <br />f. Police reports on alleged criminal activity associated with the nonconforming use; <br />or <br />g. Similar factors. <br /> <br />(4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions <br />of this section 106-267 that could be construed to the contrary, a residential use that is <br />nonconforming in the particular district in which such use is located shall not be subject <br />to revocation under this section 106-267. <br /> <br />(5) Conditions for continuation. In making a decision not to revoke the status of a revocable <br />use pursuant to section 106-267(3) the board of adjustment may impose conditions on the <br />use that are necessary to accomplish the purposes of this section, including, but not <br />limited to required improvement of, or modifications to, existing improvements on the <br />property or limitations on hours or nature of operations. <br /> <br />(6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, <br />or an officer, department, board or bureau of the city may appeal the decision in <br />accordance with V.T.C.A., Local Government Code ~ 211.011. The decision of the board <br />of adjustment is final and incontestable unless appealed to the district court within ten <br />days after the date the decision is filed in the board of adjustment's office. <br />(Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) <br /> <br />Sec. 106-268. Nonconforming lots of record. <br /> <br />(a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, <br />any nonconforming lot may continue without change in boundaries and may be utilized or <br />developed provided that the uses and development are otherwise authorized as provided herein. <br />No new structure shall be placed thereon except in conformity with the applicable controls of the <br />district in which the lot is located. No new use or change in occupancy may be undertaken on <br />nonconforming lots of record, unless said change in use or occupancy as well as "tenant and/or <br />occupant" is first submitted to the planning director for review. The planning director shall <br />review said proposed change in use or occupancy, for purposes of insuring maximum <br />compliance with this division, taking into account the particular restraints imposed by the degree <br />of nonconformity of said nonconforming lot of record. The directors review shall include, but not <br />be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and <br />other requirements as imposed by this division. <br /> <br />Decisions of the planning director made pursuant to provisions contained in this section <br />are subject to appeal to the board of adjustment as provided in section 106-89 of this chapter. <br /> <br />(b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by <br />combining with other lots for purpose of sale or development, or by development, or by <br />subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the <br />provisions of these regulations; provided however, that a nonconforming lot of record that is <br />made conforming shall not thereafter be changed back to a nonconforming lot. <br />(Ord. No. 1501-Z-1, S 5(exh. D), 2-9-98) <br /> <br />Supp. No.1 <br /> <br />CDI06:40.5 <br /> <br />t ~ l~..\' Y <br />