O-2014-3551 amend Ch 106;comprehensive review and update

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which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the revocable use: a. Noise above the maximum permissible limits, as set forth in the zoning ordinance, or in any other city ordinance; b. Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c. Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 (Revocation of nonconforming uses status) that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to revocation under this section 106-267 (Revocation of nonconforming use status). (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) (Required findings and standards in board -determination of revocation) the board of adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. (6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, or an officer, department, board or bureau of the city may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. The decision of the board of adjustment is final and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. (a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use may be undertaken on nonconforming lots of record, unless said change in use or is first submitted to the planning director for review. The planning director shall review said proposed change in use, for purposes of insuring compliance with this chapter, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The director's review shall include, and be limited to required parking, loading, vehicular access, landscaping, setbacks, utility availability, parking lot surfacing for required parking, dumpster enclosures, and other requirements as imposed by this Chapter. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 (Appeals to board of adjustment) of this chapter. (b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations;