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All ordinances and parts of ordinances in conflict with this Ordinance are repealed to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/(#.
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City Secretary 44 it,* Mayor
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Approved as to legal fo :
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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.