§ 35-337. "VP" Viewshed Protection and "MPOD" Mission Protection.

STATEMENT OF PURPOSE

The purpose of this district is to establish regulations to protect, preserve and enhance of views and vistas by authorizing and establishing viewshed protection districts. The City of San Antonio has many views and vistas of historic places, landmark buildings, and other sites of cultural importance which have always been important to the city. These views will continue to be amenities and assets of great value to the city, its people and its economy. New development in the vicinity of these important places is usually beneficial, but when construction becomes too tall and begins to overwhelm or intrude, in scale and mass, the main view or vista of a smaller place of significance, then the viewshed located behind the significant property should be protected. Viewshed protection districts are overlay districts that will be used primarily for unique situations regarding views and vistas that are not adequately covered by the standard zoning districts.

Specific purposes of these viewshed protection districts are as follows:

•  To safeguard San Antonio's heritage by preventing the despoliation of views of areas and buildings that reflect important elements of the city's cultural, natural, historic, and economic fabric.

•  To create favorable impressions of San Antonio as well as provide environmental enrichment for the citizens of the city.

•  To enhance San Antonio's image as a scenic and livable city and to provide appropriate measures to maintain the existing ambiance of certain historic and cultural sites.

•  To preserve, protect, and enhance visually those areas of high visitor interest.

•  To reduce visual distractions and enhance the photographic quality and opportunities of important historic and cultural sites and landscapes.

(a)

Designation Criteria.

(1)

To be designated as a viewshed protection district or a mission protection overlay district, an area must lie within the viewshed of the major entrance or front door to the following historic landmark buildings, objects, sites, or structures:

Site	Legal Description	Address
The Alamo (Mission San Antonio de Valero)	All of "NC"B 115	320 Alamo Plaza
Mission Concepcion	Lot A-31 and all lots 26, 27,28, and the south 83' of Lot 25 "NC"B 3975	807 Mission Road
Mission San Jose	3.3 acres out of "NC"B 7664	701 East Pyron
Mission San Juan	Tract 3, "NC"B 10933	9101 Graf Road
Mission Espada	P-5, "NC"B 11173	10040 Espada Road
Espada Aqueduct	The east part of track I-A and the south part of tract 14, "NC"B 11174	9000 Block of Espada Road
Espada Dam	P-5, "NC"B 10932	1800 Block of SE Military
Bergs' Mill	The northwest irregular 310' of the south 330" of P-11, "NC"B 10932	2400 Block of Ashley Road
Municipal Auditorium	"NC"B 412	100 Auditorium Circle
The Old Ursuline Academy (Southwest School of Art and Craft)	All of "NC"B 180	300 Augusta Street
Thomas Jefferson High School	"NC"B 6758 Blk 8 Lot 21	723 Donaldson
Navarro Homestead	"NC"B 13418, Lot 4	228 Laredo Street
Spanish Governors Palace	"NC"B 117 Lot A-6 and 4	105 Plaza de Armas
Yturri-Edwards Home and Mill	Lot 13, "NC"B 6305	257 Yellowstone Street
Church of the Little Flower	"NC"B 2072, Blk 004, Lot 24	906 Kentucky

 

Notes and Rules of Interpretation: "P" refers to the parcel number; "NC"B refers to the new city block number.

(2)

Additional mission protection not within the major entrance or front door may be granted based on written descriptions, survey information, photos, maps or illustrations in accordance with the standards and process of this section. Such protection may be related to corridors, outward views and other visual links.

(b)

Zoning Process and Classification.

(1)

This Code authorizes the establishment of viewshed and mission protection districts; however, separate ordinances are required to designate each district. This chapter also specifies the general purposes of the protection districts and the scope of the standards which the separate ordinances may address. Ordinances designating each viewshed or mission protection district shall identify the designated districts and the scope of the standards which the separate ordinances may address.

(2)

Ordinances designating each protection district shall identify the designated viewshed or mission protection district(s) and specify the individual purposes and standards for that district.

(3)

The office of historic preservation shall undertake land use and other background studies necessary to designate a viewshed or mission protection district. All property owners within the proposed district and adjacent areas shall be afforded the opportunity to comment on the ordinance regulations.

(4)

The viewshed or mission protection districts are established as overlays to the regular base zoning districts.

(5)

The zoning designation for the viewshed or mission protection district shall consist of a base zone symbol and the viewshed or mission protection district symbol ("VP" or "MPOD") as a suffix. Viewshed or mission protection districts shall be numbered sequentially to distinguish among different districts, i.e., "VP-1", "VP-2", "MPOD-1", etc. and shall be give a specific name, i.e., Alamo Viewshed, Mission Conception Viewshed, Mission Conception Protection Overlay District, etc. along with a number.

(c)

Boundaries.

(1)

To be designated as a viewshed or mission protection district, an area must be located in front of or behind a building or site as described in subsection (a) of this section (designation criteria) unless other or additional areas are designated by approved ordinance.

(2)

Prior to viewshed or mission protection designation, a brass disk monument shall be set and named to mark the viewpoint origination. This monument shall be called out in a survey as the instrument in each legal description defining a viewshed. Each monument shall be numbered and named sequentially, i.e., "VP-1", "VP-2", etc. From the named monument the elevation, horizontal angle, and vertical angle of the viewshed shall be determined. The viewshed or protection boundary shall be described in the ordinance designating a viewshed or mission protection district.

(3)

Using these points, the viewshed or mission protection area shall also define the volume or envelope within which new construction will be allowed. New construction beyond or outside of this envelope that protrudes into the viewshed or protected area and obstructs the view of the designated building or site being photographed, filmed, or otherwise enjoyed by visitors to the site shall be limited by this chapter.

(4)

The viewpoint origination brass disk monument shall also mark the spot where a photograph can be taken at five and fifty-one one-hundredths (5.51) feet above the pin (which is the approximate eye level for most adults). The photograph taken at this point represents a protected view.

(d)

Development Standards.

General. Ordinances establishing specific viewshed or mission protection districts shall comply with the requirements addressed in this section subject to the guidelines included herein. In the event of a conflict between the specific viewshed and/or mission protection district and other provisions of this chapter, the viewshed or mission protection district provisions shall prevail.

(1)

Limitation on Construction. No part of a new structure, sign, tower, wireless communication system, roof top equipment or other appurtenance shall be permitted to encroach into any designated viewshed or protected area as set forth in this chapter unless an encroachment is approved in accordance with subsection (2), below. If the maximum height allowed in any zoning district within the city differs from the height permitted by a protection district, the more restrictive height limitation shall apply.

A.

Protection Angles. No single building, structure, sign, wireless communication system or object shall be constructed within a Mission Protection Overlay District which exceeds the allowable height established by the protection angle for each district.

(2)

Nonconforming Structures.

A.

Any structure which presently encroaches into a viewshed or mission protection district which was lawfully authorized by ordinances or regulations existing prior to the effective date of a protection district may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points that contribute to the historic character and to the quality of the urban design of the city, their removal due to their nonconforming status is not encouraged.

B.

Structures lawfully established prior to the effective date of a protection district may be modified provided that such modification does not cause the structure to encroach into the viewshed or mission protected area to any greater extent in any dimension or configuration, specifically height, width or mass, than the existing structure.

C.

Nonconforming structures may be maintained and repaired as necessary for the safe and efficient operation or use provided that no such maintenance or repair shall cause the structure to encroach into a viewshed or mission protected area to a greater extent in any dimension or configuration, specifically height, width, or mass, than the structure encroached prior to such maintenance and repair.

D.

Whenever a nonconforming structure which does not conform with the provision of this chapter is destroyed by fire, other calamity or by act of God, its use may be resumed or the structure may be restored provided the restoration is commenced within one (1) year and diligently pursued to completion. The structure after such restoration shall not encroach into a viewshed or mission protected area to a greater extent in any dimension or configuration, specifically height, width, or mass, than the encroachment which existed prior to destruction.

(e)

Public Facilities and Utilities. Notwithstanding article I, the city (including its departments and agencies) and all utilities as identified in subsection 35-507(a) shall comply with the siting and design requirements of structures and utility facilities which are located within a viewshed or Mission Protection Overlay district. Utility lines are encouraged to be located underground and in the right-of-way where possible.

(f)

Viewshed Protection Districts.

(1)

"VP-1" Alamo Viewshed Protection District.

A.

Designation Criteria. There is hereby established an Alamo Viewshed protection district. The area for the Alamo Viewshed protection district meets the following designation criteria established in subsection 35-337(a) above:

1.

The viewshed protection district lies behind the major entrance to the front door of the Mission San Antonio de Valero (The Alamo), a local historic exceptional landmark that is also a national historic landmark; and

2.

A brass disc monument named "VP-1," Alamo Viewshed, has been set to mark the viewpoint origination in Alamo Plaza in front of the Alamo Chapel at coordinates N13702680.0759 and E213939.4520 (feet) NAD-83 Coordinates established November 23, 1997 by George W. Muery Services, Inc. and at elevation 657.72 feet referencing City of San Antonio Standard Disc (5962) located at the south lawn, city hall elevation 648.58 feet.

B.

Boundaries. The area above a plane described by the following boundary is designated as the Alamo Viewshed protection district "VP-1": Beginning at a point at elevation 663.22 feet (5.50 feet observation height above monument) above disk "VP-1," Alamo Viewshed and extending through a point of the plane of the facade that is level with and six (6) inches northwest from the topmost northern corner of the Alamo facade at a vertical angle of 9°34'38" and at a distance of 109.23 feet to the east right-of-way line of Interstate Highway 37 for the northern boundary of the viewshed; Thence, south along the east right-of-way line of Interstate Highway 37 through an arc of 35°40'22" to a point which is the extension of a line extending from the point of beginning through a point on the plane of the facade that is level with and six (6) inches southwest from the topmost southern corner of the Alamo facade, at a vertical angle of 11°12'43" at a distance of 93.28 feet for the eastern boundary of the viewshed; Thence, to point of beginning.

Figure 337-1 VP-1 Alamo Viewshed Protection District

(Ord. No. 97591 § 2) (Ord. No. 98697 § 5 and 6) (Ord. No. 100126) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2014-10-02-0742, § 2, 10-2-14)

Editor's note

Ord. No. 2014-10-02-0742, § 2, adopted October 2, 2014, changed the title of section 35-337 from "VP" Viewshed Protection Districts" to ""VP" Viewshed Protection and "MPOD" Mission Protection." The historical notation has been preserved for reference purposes.