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HomeMy WebLinkAbout02162017 ZPC Agenda Item 2 City of West University Place Harris County, Texas Ordinance No. 2025 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY CHANGING THE MINIMUM NUMBER OF REQUIRED PARKING SPACES IN THE TOWN CENTER COMMERCIAL DISTRICT (TCC"); PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC°) of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the zoning ordinance of the City, as last reformatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the preliminary report also proposes an amendment to the Code of Ordinances of the City regarding changes in the number of minimum required parking spaces; and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on 1/Mana/7 . The hearing may be recessed and continued from time to time. The City ger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the date set by this ordinance. Section 2, The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B,which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper(or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notices may be included within the City Currents newsletter or with utility bills or may be separate. The notices shall be deposited in the United States mail before the ninth day preceding the date of the hearing, properly addressed with postage prepaid. The City Council specifically approves giving combined notice of two or more hearings In a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. PASS 0 4110VED, ADOPTED AND SIGNED on De-tedvitsk)-6--, 20/(#. . i i 0 . Aftest/Se- lA.1. 6—AA . - --d: C -/--( `9-.) 1/0/ I IL A l City Secretary 44 it,* Mayor o ,P At 1.4 ii: 011it-sa -s• 1••• 1 4.1______, • 47 ci 0 . ...er 4Xits a Approved as to legal fo : er '' ,/-j— ----- City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 October 13, 2016 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the Zoning Ordinance and Code of Ordinances, by changing the number of minimum required parking spaces in the Town Center Commercial District "TCC" . To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance by changing the number of minimum required parking spaces in the Town Center Commercial District "TCC" . New zoning regulations regarding the non-single family (detached) zoning district provisions were enacted in March of 2015 . Following enactment, a petition was submitted to City Council requesting revisions to the regulations, most notably regarding the minimum parking regulations in the TCC district. Revisiting these regulations to find an acceptable parking space ratio is a City Council goal for the 2015-2017 term. The Zoning and Planning Commission has been working on fine tuning and narrowing down possible solutions since then. The proposal includes amending the minimum parking requirements as follows: 1.Change the number of required parking spaces for all uses other than restaurant to 2 . 5 spaces per 1000 square feet of gross floor area. 2 .Change the number of required parking spaces for all dine in with seating food service establishments to 7.5 spaces per 1000 square feet. Preliminary Recommendation. Subject to further review following public hearing, the Commission: (i) finds that sufficient evidence exists to warrant further consideration of the zoning change described herein; and (ii) recommends that the City Council call a joint public hearing to consider the matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: McEnany, Cutrer, Jensen, Kuykendall, and Higley voted "aye"; there were 0 "noes" ; Wilson and Tsai absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: 6 . Presiding Of er for the Commission ATTACHMENT"A" October 13,2016 Section 10-100.Off-Street Parking. There must be off-street parking spaces for each occupied building space within the city,as set out below,and subject to the other provisions of this ordinance; IAII other types 10.0 per 1,000 square feet of gross floor area used or occupied by people. of space and uses All types of 2.50 per 1,000 square feet of gross floor area for uses other than dine in food service spaces and with seating. 7.5 spaces per 1,000 square feet of gross floor area for food service uses in the TCC with dine In seating. ! :• - • - - -• . - - '== • -• (Applies only to District principal buildings constructed after the effective date of the TCC district.Other buildings in TCC are subject to the parking requirements for C,Commercial District, uses that applied prior to the effective date of the TCC district.) Exhibit B NOTICE OF PUBLIC BEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold a joint public hearing in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6 :30 PM on February 9, 2015. The hearing may be recessed and continued from time to time. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City' s Zoning Ordinance (and Code of Ordinances) including the Zoning District Map, as follows: Scope of Proposal. The purpose of this proposal is to amend the Zoning Ordinance by changing the number of minimum required parking spaces in the Town Center Commercial District "TCC" . New zoning regulations regarding the non-single family (detached) zoning district provisions were enacted in March of 2015. Following enactment, a petition was submitted to City Council requesting revisions to the regulations, most notably regarding the minimum parking regulations in the TCC district. Revisiting these regulations to find an acceptable parking space ratio is a City Council goal for the 2015-2017 term. The Zoning and Planning Commission has been working on fine tuning and narrowing down possible solutions since then. The proposal includes amending the minimum parking requirements as follows: 1. Change the number of required parking spaces for all uses other than restaurant to 2.5 spaces per 1000 square feet of gross floor area. 2. Change the number of required parking spaces for all dine in with seating food service establishments to 7 .5 spaces per 1000 square feet. Additional details on the proposal as well as the Zoning Ordinance and Code of Ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings. The proposals may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Date: /s/Thelma Lenz, City Secretary City of West University Place Harris County, Texas Ordinance No. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY CHANGING THE MINIMUM NUMBER OF REQUIRED PARKING SPACES IN THE TOWN CENTER COMMERCIAL DISTRICT "TCC"; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECTS. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re-adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on , 20 CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on , 20 Attest: Signed: City Secretary Mayor Recommended: City Manager Approved as to legal form: City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 February 16, 2017 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the Zoning Ordinance of the City of West University Place, Texas ( "City") by changing the minimum number of required parking spaces in the Town Center Commercial District "TCC". To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this final report on the subject proposal, for the assistance of the Council as well as other interested persons . Scope of Proposal . The purpose of this proposal is to amend the Zoning Ordinance by changing the number of minimum required parking spaces in the Town Center Commercial District "TCC". New zoning regulations regarding the non-single family (detached) zoning district provisions were enacted in March of 2015 . Following enactment, a petition was submitted to City Council requesting revisions to the regulations, most notably regarding the minimum parking regulations in the TCC district . Revisiting these regulations to find an acceptable parking space ratio is a City Council goal for the 2015-2017 term. The Zoning and Planning Commission has been working on fine tuning and narrowing down possible solutions since then. The proposal includes amending the minimum parking requirements as follows : 1 . Change the number of required parking spaces for all uses other than restaurant to 2 . 5 spaces per 1000 square feet of gross floor area. 2 . Change the number of required parking spaces for all dine in with seating food service establishments to 7 . 5 spaces per 1000 square feet. Public Hearing. A public hearing with members of City Council was held on February 13, 2017 where members of the public were encouraged to make commentary regarding the proposals. No major concerns were received during this time. Both the ZPC and City Council continued the public hearing until the next meeting. Recommendation. Based on the review given this proposal so far, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that City Council adopt the proposal . The Vote . The vote on approvalof this report was as follows : voted "aye"; voted "no"; absent . Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the Commission ATTACHMENT"A" October 13, 2016 Section 10-100. Off-Street Parking. There must be off-street parking spaces for each occupied building space within the city, as set out below, and subject to the other provisions of this ordinance: All other types 10.0 per 1,000 square feet of gross floor area used or occupied by people. of space and uses All types of 2.50 per 1,000 square feet of gross floor area for uses other than dine in food service with spaces and seating. 7.5 spaces per 1,000 square feet of gross floor area for food service with dine in uses in the TCC seating. 2.60 per 1,000 square feet of gross floor area.(Applies only to principal buildings District constructed after the effective date of the TCC district. Other buildings in TCC are subject to the parking requirements for C, Commercial District, uses that applied prior to the effective date of the TCC district.) PUBLIC HEARING DRAFT of PROPOSED AMENDMENTS (December 19, 2014) APPENDIX A-ZONING ORDINANCE* ARTICLE 12. PRIOR NONCONFORMITIES (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exceptions: This does not apply to a building used for SFR purposes, except as to non-compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status for non-compliance with framed area regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g., the ICC Internet publication of"Building Valuation Data,"which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow structures in the TCC district to be rebuilt substantially as they existed at the time of loss to casualty. etc.. if the ZBA finds items (i) and (ii) above, and. additionall . if the square footase is substantiall the same. The special exception ma require off-street parking in excess of what existed at the time of loss to casualty. etc., but not in excess of the amount required by section 10-100 of this ordinance. Otherwise. such structures lose PNC status and may be replaced only by new structures that conform with applicable TCC standards at the time of the new construction. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the City or by a special exception, variance, permit or other authorization, and if the terms or conditions of the authorization are violated, the item loses PNC status. (e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded). Exceptions: (1) This provision does not apply to the initial work on those structures treated the same as structures in existence on a given effective date pursuant to the provisions of this Article (i.e., "work under construction" and"other committed work"). (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity (on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity(on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis. (f) Garages. If the PNC item is non-compliance with garage regulations, PNC status is lost if: (i) an existing garage is removed, destroyed or converted to a non-garage use, or(ii) space is added to the principal building so that its gross floor area is increased to 200 percent or more of its gross floor area on the 1987 effective date. (g) Driveways. If the PNC item is noncompliance with driveway regulations in an SF district, PNC status is lost if: West University Place,Texas,Code of Ordinances Page 85 Section 10-102.Minimum Dimensions; Design. (a) Parking Spaces.All parking spaces must be at least nine feet wide and 18 feet long in order to be counted toward the minimum required number. In addition, the following regulations apply in the indicated circumstances for all new construction or maim development projects. There shall be no loss of PNC status for design.dimensions when resurfacing or restnping an existing parking,area, (1) Ninety-degree angle parking: Each parking space shall be not less than nine feet wide and not less than 19 feet in length. Maneuvering space shall be not less than Meet in I Deleted:23 length or breadth. (2) Sixty-degree angle parking: Each parking space shall be not less than nine feet wide perpendicular to the parking angle and not less than 2119, feet in length when I Deleted:18 measured at right angles to the building or parking line. Maneuvering space shall be not less than 18 feet perpendicular to the building or parking lines. (3) Forty-five-degree angle parking: Each parking space shall be not less than nine feet wide perpendicular to the parking angle and not less than la feet in length when Deleted:18 measured at right angles to the building or parking lines. Maneuvering space shall not be less than 15 feet perpendicular to the building or parking lines. (4) Wheelchair-accessible parking spaces: Must be installed and maintained with numbers and sizes prescribed by applicable regulations. (b) Walkways. A private walkway, if provided adjacent to a non-SF building, shall be not less than five feet in width and shall be in addition to the minimum requirement for parking and maneuvering space herein required. In a QMDS, there must be a paved walkway(at least 3.0 ft.wide)to the curb from each main entrance oriented toward a street area Section 12-103. Losing PNC Status. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i) this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above); (ii) PNC status with respect to a building site dimension is not lost. (b) Conformance is achieved; discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use),the use loses PNC status. (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exceptions; ( Deleted: This does not apply to a building used for SFR purposes, except as to non-compliance with framed area regulations(i.e., in case of such a 51% or greater loss, PNC status for non- compliance with framed area regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g., the ICC intemet publication of "Building Valuation Data," which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow structures in the TCC district to be rebuilt substantially as they existed at the time of loss to casualty, etc., if the ZBA finds items (i) and(ii)above. and. additionally. if the square footage is substantially the same.The special exception may require off-street parkin() in excess of what existed at the time of loss to casualty, etc.. but not in excess of the amount required by section 10-100 of this ordinance. The special exception may also require compliance with other TCC such as front, side and rear yard (setbacks), sidewalks, uses. etc Otherwise such structures lose PNC status and may be replaced only by new structures that conform with applicable TCC standards at the time of the new construction. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the City or by a special exception, variance, permit or other authorization, and if the terms or conditions of the authorization are violated,the item loses PNC status. (e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded) Exceptions: (1) This provision does not apply to the initial work on those structures treated the same as structures in existence on a given effective date pursuant to the provisions of this Article(i.e.,"work under construction"and"other committed work"). (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity(on that same side of the building site)if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity(on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided,on an incremental basis. • Section 12-103. Losing PNC Status. (a) New principal building. If, after the 1987 effective date, a new principal building is constructed on a building site, PNC status is lost for all PNC items relating to the building site. Exceptions: (i) this does not apply to those principal buildings treated the same as structures constructed prior to a given effective date (see above); (ii) PNC status with respect to a building site dimension is not lost. (b) Conformance is achieved; discontinuation. If a PNC item is changed to conform to this ordinance for an indefinite period or for 180 days or more, PNC status is lost for that item. If a use of property is discontinued for 180 days or more (exclusive of time when actual construction work prevents the use), the use loses PNC status. (c) Loss to casualty, etc. If 51% or more of the replacement cost of a structure is lost to casualty, eminent domain, involuntary demolition or other similar cause, the structure loses PNC status. Exceptions: This does not apply to a building used for SFR purposes, except as to non-compliance with framed area regulations (i.e., in case of such a 51% or greater loss, PNC status for non- compliance with framed area regulations is lost). For this purpose, "replacement cost" is determined by standard cost levels for similar structures as most recently published by the International Code Council or similar agency. See, e.g., the ICC internet publication of "Building Valuation Data," which provides average construction costs per square foot, by type of construction and occupancy group, with factors to modify those costs for the Houston area. The ZBA may issue a special exception to allow such a structure to be rebuilt and retain PNC status, if the ZBA finds: (i) rebuilding is necessary to avoid substantial economic waste and economic hardship, and (ii) there will be no substantial adverse effects of the rebuilt structure. The ZBA may issue a special exception to allow a structures in the TCC district, which predated adoption of the TCC district, to be rebuilt with a square footage that is substantially the same as existed at the time of loss to casualty, etc., if the ZBA finds items (i) and (ii) above-and, add+tianel e-sgtuace-fseta c is su= - - The TCC district and its associated standards are intended, in part, to transform the physical form and character of the Town Center commercial area from its current auto- oriented nature to a design that is more safe, convenient and appealing for pedestrians and cyclists, as well as automobiles. It is recognized that this transformation will likely occur incrementally over time through new construction or rebuilding of existing structures following a loss to casualty, etc. Therefore, in evaluating special exception requests under this section, the ZBA shall generally aim to uphold the TCC district intent by requiring compliance with all other district standards. However, the ZBA may determine that some relief is warranted due to the circumstances of a particular building site, such as the impracticality of providing vehicular access to a rear parking area in the event that on-site parking along the Edloe Street frontage was to be relocated to the rear. In such cases the ZBA may apply an alternative level of compliance for the following TCC standards that is less than full compliance but also may be more restrictive than the condition that existed at the time of loss to casualty, etc.: (1) Front, side and rear yards (setbacks). (2) Location of the principal building on the site relative to the front or rear property lines. (3) Off-street parking. -- _ - _ - - _ .' - :* -- _■ - - - _ • - *sted at the-time-0f - -- -- , - - , :.t--not--in excess-of-the---amount-r-equi red--by-seotiQ�a-40--1-00-of +s ard-inance—Otherwise, such a structure loses PNC status and may be replaced only by a new structure that conforms with applicable TCC standards at the time of the new construction. (d) Violation of special conditions. If a PNC item was specially authorized by a zoning ordinance of the City or by a special exception, variance, permit or other authorization, and if the terms or conditions of the authorization are violated, the item loses PNC status. (e) Degree of nonconformity increased. A PNC item loses PNC status to the extent that the degree of nonconformity is increased (or to the extent that the non-conforming area is expanded). Exceptions: (1) This provision does not apply to the initial work on those structures treated the same as structures in existence on a given effective date pursuant to the provisions of this Article (i.e., "work under construction" and "other committed work"). (2) If a principal building in a SF District acquired PNC status on an effective date because of a non-conformity with a new side setback or side yard requirement on one side of the building site, the building does not lose its PNC status with respect to that specific nonconformity (on that same side of the building site) if the nonconformity is expanded or increased as a result of a remodeling project and the gross floor area of the principal building has not increased to 200 percent or more of its gross floor area on the given effective date. A principal building so remodeled has the same PNC status as the original building with respect to the side setback or yard requirement on the same side of the building site where the original nonconformity was located, but this does not apply to any new nonconformity (on the other side or elsewhere). (3) If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis.