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r. <br />• <br />b) Traffic generation of more than twice that of the same use or use of a similar <br />nature, based on rates set forth in the most recent edition of the Institute of <br />Traffic Engineers (ITE) Trip Generation Manual; <br />c) Noxious or annoying emissions of odor, smoke, wastewater, light or other <br />matters; <br />d) Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. <br />and as such exacerbate general noise or traffic; <br />e) Lack of substantial compliance with applicable City codes and ordinances; <br />f) Police reports on alleged criminal activity associated with the non-conforming <br />use; or <br />g) Similar factors. <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) ApPea1. <br />Any person aggrieved by the decision of the Board of Adjustment, or a taxpayer, or <br />an officer, department, board or bureau of the City- may appeal the decision in <br />accordance with Section 211.011 of the Texas Local Government Code. The <br />decision of the Board of Adjustment is final and incontestable unless appealed to <br />the district court within 10 days after the date the decision is filed in the Board of <br />Adjustment's office. <br />Section 106-268 Non-Conforming Lots of Record. <br />1) Continuance of Non-Conforming Lots of Record <br />0:\ClP\Ordinances\Non-Conforming Uses ~ ~ <br />Working Copy - 11/17/97 <br />