§ 35-510. Buffers.  


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  • STATEMENT OF PURPOSE

    The intent of buffering is to implement Policy 3c of the Neighborhoods Element of the Master Plan to provide landscaped separation between residential and nonresidential uses and to screen from view certain land uses that may create visual clutter and distraction. The standards of this section provide for increases in the width and the opacity of the bufferyard as the land use intensity of the new or expanded development increases.

    (a)

    Applicability.

    (1)

    Activities Subject to Buffer Regulations. This section shall apply to any of the following, except where exempted pursuant to subsection (2), below.

    A.

    The construction or erection of any new occupiable building or structure for which a building permit is required.

    B.

    Any enlargement exceeding one thousand (1,000) square feet or ten (10) percent in area, whichever is greater, of the exterior dimensions of an existing building for which a building permit is required. When a building or parking lot is enlarged to the extent that a buffer of at least one hundred (100) feet in lineal footage is required, the requirements of this section shall be applied incrementally such that buffers shall be required only in proportion to the enlarged building area or off-street parking area to the existing development. For example, a ten (10) percent increase requires ten (10) percent of the required buffering that would otherwise be required for the entire development. No buffer is required if the incremental footage imposed by this section is less than one hundred (100) lineal feet.

    C.

    Any construction of a new parking lot regardless of size.

    D.

    Expansion of an existing parking lot by more than two thousand (2,000) square feet or ten (10) percent in area whichever is greater.

    (2)

    Exemptions. This section shall not apply to the following situations:

    A.

    Residential uses adjoining residential uses within any residential zoning district.

    B.

    Agricultural uses.

    C.

    Nonresidential uses adjoining other nonresidential uses of the same zoning classification.

    D.

    The reconstruction of an existing building of which fifty (50) percent or less of the floor area was destroyed or ruined by flooding, fire, windstorm or act of God. This exemption shall apply only where reconstruction of that building will not result in an increase in building size or paving area of the parking facilities to be provided.

    E.

    Interior finish work or remodeling in a portion of a building unless the work results in an increase in the paving area of the parking facilities within the street yard or in an enlargement of the exterior dimensions of an existing building.

    F.

    Any use, building or structure for which only a change of use is requested, and which use does not increase the existing building square footage.

    G.

    Single-family dwellings.

    H.

    Contiguous commercial parcels or land areas under common ownership.

    Commentary: Subsection H addresses situations where a parcel is rezoned with several different zoning districts, and one of the districts acts as a "buffer" for the other. For example, a landowner rezones part of a parcel to "L," with a strip adjoining a residential area zoned "O-1." A type "E" buffer is normally required between the "L" and "O-1" districts. No buffer is required between the portion of the parcel zoned "L" and "O-1" internal to the property in this situation.

    I.

    Accessory structures less than two hundred (200) square feet in size such as decks, sheds, playhouses, gazebos, security guard huts and non-mobile food vending stands.

    J.

    Non-occupiable buildings that provide only maintenance access to the interior of the structure such as ice and water vending machines, DVD kiosks and automated teller machines.

    K.

    Non-occupiable buildings or structures regardless of size that serve a utility or infrastructure purpose such as flagpoles, retaining walls, above-ground backflow preventers, sign monuments and sign support structures, cellular and communication equipment and utility systems.

    (3)

    Buildings Within Street Yard of Another Building. A building located within the street yard of another building shall be considered as a separate building site unless it has previously been included within an approved landscape plan.

    (4)

    Reduction in Required Bufferyards. Table 510-2 indicates net minimum bufferyard widths. Such minimum widths shall be provided in a linear fashion along abutting properties where applicable. The width of the bufferyard at any point along its length may be greater or less than the minimum required by Table 510-2 provided that the total calculated area of the bufferyard must remain the same and further provided that the minimum width of the buffer yard at any point is not less than fifty (50) percent of the minimum width indicated by Table 510-2. The net bufferyard area for a property to be developed shall be reduced by no more than fifty (50) percent where:

    A.

    A bufferyard exists on an abutting property, and the net bufferyard satisfies the minimum bufferyard requirements of this section; or

    B.

    The adjoining property owners have provided a written agreement restricting the use of an established or proposed use triggering the bufferyard requirement to the uses provided for in the current zoning district. Should the property that was subject to the bufferyard requirement be rezoned after the date of the written agreement, the adjoining property owner's written agreement shall be null and void and the applicable bufferyard shall be required.

    C.

    The required bufferyard area may be reduced in width up to twenty (20) percent where a natural area is provided in accordance with Table 510-2 (Type N).

    (b)

    Landscape Plan. Landscape materials for bufferyards shall be consistent with Appendix "E" to this chapter. A registered landscape architect, where required by this subsection, shall develop a plan that utilizes xeric landscaping and native plants to the extent practicable. Activities subject to this section which exceed four thousand three hundred (4,300) square feet of impervious surface shall include materials installed in conformance with an approved landscape plan bearing the seal of a registered landscape architect. The landscaping plan shall be approved as provided in section 35-476 of this chapter.

    (c)

    Types of Bufferyards Required.

    (1)

    Table 510-1 shows when a bufferyard shall be required to buffer an adjoining zoning district. Uses in the "adjoining zoning district" are not required to provide the bufferyard. The applicant shall install the type of bufferyard as indicated in the table.

    Commentary: For example, if the proposed development is located in an "I-1" zoning district (see row (10) of the table), and the "adjoining zoning district" is zoned "RE" (see the column (2) under adjoining zoning district), then the applicant shall install a type E buffer. In addition, if the development adjoins a street classified as a "major arterial" (see column (12) under the adjoining street classification), then the applicant shall install a type C bufferyard where the front yard adjoins the street right-of-way line. However, a proposed development zoned "RE" (see row (2) of the table) which adjoins an "I-1" district (see column (10) of the table) is not required to provide a bufferyard.

    (2)

    In order to encourage the preservation of natural vegetation, the applicant may substitute a type "N" buffer consistent with subsection (d), Table 510-2 for any category of required.

    (3)

    Utility companies shall provide a plant buffer within the street yard of electrical substations, water pumping/storage sites, and wastewater treatment plants. The buffer shall comply with the requirements for a type "E" buffer, below.

    Table 510-1
    Required Bufferyards

    Zoning
    District
    Adjoining Zoning District Adjoining Street
    Classification
    (1) (2) ( 3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
    RP** RE, R-20, NP-15, NP-10, NP-8** R-6, R-5, R-4, R-3,
    RM-6, RM-5,
    RM-4, DR**
    MF-18, MF-25, MF-33** MF-40, MF-50, MF-65 NC O-1, O-1.5, C-1, C-2, C-2P O-2, C-3, BP, MXD, MPCD D L, I-1 I-2 Major Arterial Minor Arterial Collector
    (1) RP N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
    (2) RE, R-20, NP-15, NP-10, NP-8 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
    (3) R-6, R-5, R-4, R-3, RM-6, RM-5, RM-4, DR N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
    (4) MF-18, MF-25, MF-33 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A F A N/A N/A
    (5) MF-40, MF-50, MF-65 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A A N/A N/A
    (6) NC C C B N/A N/A N/A N/A N/A N/A E E B A A
    (7) O-1, O-1.5, C-1, C-2, C-2P C C* B N/A N/A A N/A N/A N/A E E B A A
    (8) O-2, C-3, BP, MXD, MPCD C C * C C N/A A N/A N/A N/A N/A D B B A
    (9) D N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
    (10) L, I-1 E E D E E E E N/A N/A N/A N/A C C B
    (11) I-2 F F F F F E E D N/A N/A N/A C C B

     

    Notes: ;hg;A, B, C, D, E, F: Bufferyard Type Designations as shown in Table 510-2 below.
    N/A: Not applicable—Bufferyard not required.
    * Where a use zoned "O-1," "C-1," "C-2" adjoins an existing platted subdivision zoned "RE" or "R-20" as of the effective date of this chapter, a type "D" buffer shall be applied. Where a use zoned "BP," "O-2" or "C-3" adjoins an existing platted subdivision zoned "RE" or "R-20" as of the effective date of this chapter, a type "F" buffer shall be applied.
    ** Where a nonresidential use is located in a single-family or multi-family district as indicated in Table 510-1 the required buffer is equivalent to that required of an O-1, C-1, C-2 use (column 7).

    (d)

    Buffer Types.

    (1)

    There are seven (7) types of bufferyards. Table 510-2 shows the minimum width and number of trees and/or plants required for each one hundred (100) lineal feet for each bufferyard. Figure 510-1 illustrates a typical bufferyard for each type. Each bufferyard type provides several plant material options. The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer which meet the requirements of this subsection.

    Table 510-2
    Minimum Plant Materials Required for Each Bufferyard Type

    Bufferyard Type Minimum Width (in feet) Trees Shrubs Fence (F), Berm (B) or Wall (W)
    Canopy Understory Large Medium Small
    A 10 2 2 - - 16 -
    Option
    10 2 2 - 8 - -
    B 15 2 2 8 12 - -
    Option
    15 2 2 6 8 6 -
    C 15 2 4 9 8 - F or W
    Option
    15 2 3 10 10 - F or W
    D 25 2 4 9 8 - F or W
    Option
    25 2 3 10 10 - B
    E 30 2 4 14 4 4 F or W
    Option
    30 2 3 12 8 4 B
    F 40 2 4 9 5 - B & W
    Option
    40 1 4 6 8 8 B
    N 20%
    reduction
    with
    minimum
    of 10 feet
    Any combination of trees or shrubs is acceptable where: (1) the existing vegetation provides at least the number of equivalent planting units required by the required by Table 510-1 (see subsection (d)(2), below), or (2) the existing vegetation provides complete visual screening from the adjoining property. -

     

    Canopy trees required for bufferyard types D, E, and F shall be a minimum of medium/large, shade trees that reach a mature height of 30+ feet minimum. See Appendix "E." Where existing or proposed overhead electric lines conflict with tree canopies, small to medium trees may substitute for canopy trees.
    An understory tree is a small to medium deciduous tree, with a mature height of 15 to 25 feet.
    At a minimum, 50 percent of the shrubs for bufferyard types D, E and F shall be evergreen.
    A large shrub is no more than 25 feet in height at maturity and may be either deciduous or evergreen.
    A medium shrub is between 5 and 10 feet in height at maturity and may be deciduous or evergreen.
    A small shrub is no more than 5 feet in height at maturity and may be either deciduous or evergreen.
    A fence or wall a minimum height of six (6) foot high and two (2) one-half (½) inches thick shall be required where the land use abuts a residential district. The fence, wall or berm is required in addition to the trees and shrubs required by Table 510-2.
    Natural area with native vegetation may be used to meet any of the above bufferyards requirements if the criteria of Table 510-2 are met. The width of a bufferyard shall be reduced by twenty (20) percent when the criteria of Table 510-2 provided that the minimum width shall not be less than ten (10) feet. Irrigation requirements may be waived if no additional planting is required to meet this criteria.

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    (2)

    The number of equivalent planting units (EPUs) for purposes of applying a type "N" buffer, above, shall be calculated based on the following ratios: Canopy Trees = 1 EPU, Understory = 0.5 EPU, Large Shrubs = 0.25 EPU, Medium Shrubs = 0.1 EPU, and Small Shrubs = 0.05 EPU. Each buffer type "A" through "F," above, shall be assigned the following number of EPUs for purposes of determining whether a type "N" buffer may be substituted:

    Buffer Type EPUs
    A 2.3
    B 5.2
    C 10.8
    D 10.8
    E 11.7

     

    (e)

    Location of Bufferyard.

    (1)

    A bufferyard required by this section shall be provided along the lot line of abutting uses as indicated by Table 510-1.

    (2)

    Bufferyards are not required along the front property line where streetscape planting is provided in accordance with section 35-512.

    (f)

    Permitted Uses Within the Bufferyard. No active recreation area, storage of materials, parking, or structures, except for necessary utility boxes and equipment or retaining walls, shall be located within the bufferyard. The bufferyard may be included in the required building setback. Bufferyards may be used as a greenway as defined in the parks/open space standards. Where there is no other alternative to provide vehicular access to a site no more than one driveway may traverse through a bufferyard provided the width of the bufferyard shall be increased to provide an equivalent net amount of bufferyard area.

    (g)

    Size and Type of Plant Materials. Trees shall measure a minimum of one and one-half (1½) inch caliper when measured six (6) inches above grade. Shrubs shall reach a mature height within five (5) growing seasons but in no case shall required shrubs measure less than the height required by Table 511-1 at the time of planting, when measured from the grade to the top horizontal plane of the shrub. Plant materials shall be selected from the plant list in Appendix "E." Substitutions may be permitted based on the recommendation of the qualified landscape professional preparing the plan. In addition, if a listed species is infested by fungi, disease or pests, a substitution may be recommended. In no case shall monoculture be permitted. Plant materials shall show a variety of texture, color, shape and other characteristics.

    (h)

    Fences and Walls.

    (1)

    Fences or walls shall be a minimum height of six (6) feet when used in type D or E, and F bufferyards.

    (2)

    No fence or wall shall be required if an existing fence or wall on abutting property meets the requirements of this section.

    (3)

    The fence or wall shall be solid and one hundred (100) percent opaque, except as otherwise required herein. Fence material shall be a minimum of one-half (½) inch in thickness and of wood, precast concrete, metal, or wrought iron with an adjoining hedge which provides an opaque barrier. Corrugated and galvanized steel or metal sheets shall not be permitted.

    (4)

    Walls may be concrete, concrete block with stucco finish, masonry, stone or a combination of these materials. The support posts shall be placed on and faced toward the inside of the developing property so that the surface of the wall or fence is smooth on the adjoining property side.

    (i)

    Berms. Berms shall have a slope not greater than the slope created in three (3) horizontal feet with a one-foot vertical rise. The surface of the berm that is not planted with trees and shrubs shall be covered with grass, perennial ground cover, vines, woody and herbaceous perennials, with mulch. Grass or other coverings shall be maintained in conformance with applicable city codes.

    (j)

    Irrigation Required. Where an irrigation system is required, the irrigation system shall comply with the requirements of 30 TAC Chapter 344, §§ 344.72—344.77. No irrigation is required for a type "N" buffer if no additional planting is required. An inground irrigation system consisting of water lines, water emitters and a controller is required to have a separate meter service if the San Antonio Water System is the water purveyor. In addition to the above irrigation requirements the installation shall be designed in compliance with subsection 35-511(c)(6), Landscaping.

(Ord. No. 95573 § 7) (Ord. No. 96564 § 2) (Ord. No. 98697 § 6) (Ord. No. 100126 § 4) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)