§ 35-338. "RIO" River Improvement Overlay Districts.
STATEMENT OF PURPOSE
The purpose of these districts is to establish regulations to protect, preserve and enhance the San Antonio River and San Pedro Creek and their improvements by establishing design standards and guidelines for properties located near the river or creek. The San Antonio River and San Pedro creek are a unique and precious natural, cultural and historic resources that provides a physical connection through San Antonio by linking a variety of neighborhoods, cultural sites, public parks and destinations. The districts cover a total of seven (7) geographic areas.
Specific purposes of the river improvement overlay are as follows:
• Protect and enhance the overall character of the San Antonio River and San Pedro Creek.
• Protect and enhance the unique experiences along the length of the river or creek as well as define development nodes of greater activity.
• Preserve and protect the distinctive historic character of the Riverwalk and the Hugman features.
• Promote the integration of the street and river or creek levels.
• Prevent the negative impacts caused by incompatible and insensitive development and promote new compatible development.
• Maintain the openness and natural habitat of the river or creek, access to its trails and provide safety for its users.
• Assure that development near the river or creek is compatible with a future vision of a series of mixed-use neighborhoods with commercial and residential nodes that orient to the river or creek and/or stimulate redevelopment of existing commercial corridors.
The river improvement overlay implements the following policies of the master plan:
• Economic Development, Policy 2b: Promote consistency in the development process.
• Neighborhoods, Policy 5I (2): Discourage development of parking garages adjacent to the Riverwalk and the city's plazas and parks.
• Urban Design, Policy 1b (1): Create and adopt design guidelines and standards that will enhance the quality of life in San Antonio.
• Urban Design, Policy 1b (6): Develop unique and specific design standards for areas throughout the city, including neighborhoods and downtown.
• Urban Design, Policy 1e: Apply strategies, which will result in all streetscapes being accessible, safe and stimulating.
• Urban Design, Policy 3b: Plan and develop a citywide system of linear parks and hike and bike trails which incorporate drainageways and open spaces which link parks, schools, institutions, and neighborhoods.
(a)
Boundaries. The specific boundaries of the river improvement overlay are shown on the City of San Antonio's Official Zoning Map.
(b)
Zoning Classification.
(1)
Overlay District. The river improvement overlay is designed as an overlay to the regular zoning districts. Properties located within these overlay districts must also be designated as being within one of the regular, underlying zoning districts.
(2)
Zoning Designation. The zoning designation of property located within the river improvement overlay shall consist of the regular zone symbol and the overlay district symbol as a suffix. The seven (7) river improvement overlay districts are "RIO-1," "RIO-2," "RIO-3," "RIO-4," "RIO-5", "RIO-6," and "RIO-7." For example, if a parcel is zoned "C-1" and is also located within "RIO" district 2, the zoning designation of the property would be "C-1" ("RIO-2"). A river improvement overlay district development node suffix would be "RIO-2 DN."
(3)
Development Nodes. It is the intent of this section that a river improvement overlay district development node shall be restricted to areas lying fully within a river improvement overlay district that are located at 1) the intersection of a major thoroughfare and the San Antonio River or 2) the intersection of two (2) major thoroughfares or 3) if not located at an above mentioned intersection, abut the San Antonio River and be a minimum of twelve (12) acres. Development nodes must range in size from three (3) to twenty (20) acres and shall be located a minimum of one-half (½) mile apart. A development node must include property located on both sides of the street and/or river. A development node must provide at least two (2) of the following uses: office, retail and multi-family residential. Designation of a development node provides for a minimum setback of zero (0) feet from all property lines including riverside and the ability to increase the building height by fifty (50) percent from the requirements set out in article VI.
(4)
Neighborhood Conservation Districts. Notwithstanding any other provision of this chapter, design standards for an established and adopted neighborhood conservation district within or overlapping a river improvement overlay district shall take precedent over the design standards of this chapter if a conflict exists between the two.
(c)
Uses.
(1)
Prohibited Uses.
A.
The following uses are prohibited within the river improvement overlay districts:
1.
Billboards.
2.
Transmitter towers, cell towers, or any freestanding commercial antennas.
3.
Truck and heavy equipment - auction.
4.
Auto - manufacture.
5.
Auto and light truck auction.
6.
Storage - outside.
7.
Batching plant.
8.
Stockyard.
9.
Used automotive parts recycler.
10.
Abrasive manufacturing.
11.
Acetylene gas - manufacturing and storage.
12.
Hazardous materials hauling or storage.
13.
Petro chemicals bulk storage.
14.
Metal forging or rolling mill.
15.
Packing plant.
16.
Petroleum - manufacturing or processing.
17.
Poultry processing.
18.
Rendering plant.
19.
Sand or gravel - storage or sales.
20.
Vulcanizing, recapping.
21.
Wood processing by creosoting or other preservation treatment.
22.
In RIO-3 or RIO-7, commercial surface parking lots as primary use.
B.
In addition to the uses prohibited above, the following uses are prohibited within the river improvement overlay districts where development is proposed on a property that directly abuts the river or creek or on a property that falls within one hundred (100) feet of the river or creek right-of-way:
1.
Parking and transient vehicle storage - related to delivery.
2.
Parking and/or storage - long term.
3.
Tire repair - auto and small truck.
4.
Truck repair and maintenance.
5.
Truck stop or laundry.
6.
Can recycle collection station.
7.
Dry cleaning - plant.
8.
Laundry - plant.
9.
Flea market - outdoor.
10.
Farm equipment sales, service or storage.
11.
Oil well supplies and machinery sales.
12.
Oil refining.
13.
Portable building sales.
14.
Electric repair - heavy equipment.
15.
Manufactured home/oversize vehicle sales, service or storage.
16.
Paper products - manufacturing.
17.
Sexually oriented businesses.
18.
Parking structures, except where the parking structure is separated by at least twenty-five (25) feet from directly abutting the river by a permitted use and is not visible from the river or river right-of-way.
19.
Commercial surface parking lots as primary use.
(2)
Permitted Uses. All other uses authorized by the underlying zoning district are permitted subject to the conditions set forth in division 6 of article VI of this chapter.
(3)
Nonconforming Structures and Uses. Any structure or use which presently exists in a river improvement overlay district which was lawfully authorized by ordinance or regulations existing prior to the effective date of the river improvement overlay districts may continue and may be maintained, modified or repaired as authorized and in accordance with the provisions of article VII division 1 of this chapter (entitled "nonconforming uses"), provided however, that a refinery use or a petroleum manufacturing or processing use existing prior to the effective date of this subsection may be allowed by amendment to the official zoning map in accordance with the provisions of section 35-421.
(d)
Exception for Residential Uses.
(1)
Single-Family Development. Notwithstanding any other provisions of this chapter, the new construction, alteration, restoration, rehabilitation, ordinary repair, maintenance or demolition of a single-family development shall not be subject to section 35-338 of this chapter except when the single-family development exceeds the lesser of five (5) units or five (5) acres.
(2)
Multi-Family Development. Notwithstanding any other provisions of this chapter, the new construction, alteration, restoration, rehabilitation, ordinary repair, maintenance or demolition of a multi-family development shall not be subject to section 35-338 of this chapter except when the multi-family development exceeds eight (8) units.
(3)
Mixed Residential Development. Notwithstanding any other provisions of this chapter, the new construction, alteration, restoration, rehabilitation, ordinary repair, maintenance or demolition of a mixed residential development shall not be subject to section 35-338 of this chapter except when the mixed residential development exceeds eight (8) units.
(e)
Design Standards. River improvement overlay districts shall be governed in accordance with division 6 of article VI of this chapter.
(f)
Administration. River improvement overlay districts shall be governed in accordance with division 5 of article IV of this chapter, except that proposed changes to the boundary of a "RIO" shall be first submitted to the HDRC for review and recommendation before going to the zoning commission.
(g)
Enforcement, Violations and Penalties. River improvement overlay districts shall be governed in accordance with division 11 of article IV of this chapter.
(Ord. No. 95352 § 1, Attachment 1, 8,9) (Ord. No. 100126) (Ord. No. 2011-03-31-0230, § 2, 3-31-11) (Ord. No. 2011-05-19-0418, § 2, 5-19-11; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2016-10-13-0798 , § 1(Att. A), 10-13-16)