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<br />ZONING <br /> <br />~ 106-?68 <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 /> <br />( <br /> <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 <br />subject to r~vocation under this section 106-267. <br /> <br />(5) Conditions for continuation. In making a decision not to revoke the status of a <br />revocable use pursuant to section 106-267(3) the board of adjustment may impose <br />conditions on the use that are necessary to accomplish' the purposes of this section, <br />including; but not limited to required improvement of, or modifications to, existing <br />improvements on the property or limitations on hours or nature of operations. <br /> <br />. (6) Appeal. Any person: aggrieved by the decision ofthe board of adjustment, or a taxpayer, <br />. . - . , or~l!~n officer, department, board or bureau of the city may appeal_ the decision in <br />accordance with 'Y.T.C.A., Local Government Code ~ 211.011. The decision ofthe 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 /> <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 <br />herein. No new structure shall be placed thereon except in conforinity with the applicable <br />controls ofthe district in which the lot is located. No new use or change in occupancy may be <br />undertaken on nonconforming lots of record, unless said change in use or occupancy is first <br />submitted to the planning director for review. The planning director shall review said proposed <br />change in use or occupancy, for purposes of insuring maximum compliance with this divis~on, <br />taking into account the particular restraints imp()sed by the degree of nonconformity of said <br />nonconforming lot ofrecord. The directors review shall include, but not be limited to parking, <br />loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as <br />imposed by this division. <br /> <br />Decisions of the planning director made pursuant to provisions contained in this section are <br />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, ~ 5(exh. D), 2-9-98) <br /> <br />Supp. No.1 <br /> <br />CDI06:40.5 <br /> <br />IXHn~rr <br />