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i • <br />4) Non-conforming Uses Not Subject to Revocation of Status. <br />Notwithstanding any provisions of this Section 106-267 that could be construed to <br />the contrary, a residential use that is non-conforming in the particular district in <br />which such use is located shall not be subject to revocation under this Section <br />106-267. <br />5) Conditions for Continuation. <br />In making a decision not to revoke the status of a Revocable Use pursuant to <br />Section 106-267(3) the Board of Adjustment may impose conditions on the use <br />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 <br />the property or limitations on hours or nature of operations. <br />6) _ Appeal.- <br />Any:person>aggrieved by the decision~ofithe;;Board~ofAdjustment,:or~a~~taxpayer, or <br />~;. 4~-,,,t.~f,,yP~=~a;~,cer~.depadment~;boa o~huEeau ~of•the:.City~mayappealttre~decision:in~ <br />.., <br />~- - <br />~accardance~wrttiSection:~ 2.11:011 of: the~T`exas .Local .~GovemmentCode.~:::The~ ~- <br />decrsron~of~-the~.Board~of~Adjustmenfis=final.:andxincontestable~unless~appeated<to- <br />9 <br />F t: ~~~~~ nth'e,districtacouctwithirw;10~days~after~the;:date~the:decision~is fitec~:m~the~Board~of- <br />t ~;~ ~ ~. 'A~djustrri"ent;~aflice' ; s ' Yt ,:; ~ - ~,~ <br />'~, _ ,. <br />~ ~~ ~ ~ <br />,. ,~. ~ f _ <br />r~~~z~~~S~ctibn~10~ZG8Non=C~or~formiri ~Lo 4 <br />~„ a ts:ofaRecord: <br />~1) "Continuance.of Non-Conforming Lots of Record. <br />Subject to all limitations herein set forth, any non-conforming lot may continue <br />without change in boundaries and may be utilized or developed provided that the <br />uses and development are otherwise authorized as provided herein. No new <br />structure shall be placed thereon except in conformity with the applicable controls <br />of the district in which the lot is located. No new use or change in occupancy may <br />be undertaken on non-conforming lots of record, unless said change in use or <br />occupancy is first submitted to the Planning Director for review. The Planning <br />Director shall review said proposed change in use or occupancy, for purposes of <br />insuring maximum compliance with this ordinance, taking into account the <br />particular restraints imposed by the degree of non-conformity of said non- <br />conforming lot of record. The Director's review shall include, but not be limited to <br />parking, loading, vehicular access, landscaping, setbacks, utility availability, and <br />other requirements as imposed by this ordinance. <br />Decisions of the Planning Director made pursuant to provisions contained in this <br />section are subject to appeal to the Board of Adjustment as provided in Section <br />106-89 of this ordinance. <br />0:\CLP\Ordinances\Non-Conforming Uses 11 <br />Working Copy - 10/08/97 <br />