§ 35-514. Fences.

(a)

General.

(1)

No fence may be constructed, repaired, or expanded within the city limits without first obtaining a building permit for such work, with the exception of any fence work specifically exempted by chapter 10, subsection 10-6(e) of the City Code.

(2)

Fence Clear Vision Area.

a.

Street Intersections on Residential Corner Lots. No fence exceeding three (3) feet in height within the city or ETJ shall be erected, constructed, or built on a corner lot within the area formed by measuring twenty-five (25) feet in each direction from the street curb.

b.

Driveway, Accessway, or Alley Intersections on Residential Lots. No fence exceeding three (3) feet in height within the city or ETJ shall be erected, constructed, or built within a triangle formed by measuring fifteen (15) feet in each direction from the point where a driveway, accessway, or alley intersects with the street curb.

c.

Administrative Exception. Subsections a. and b. above notwithstanding, where it can be demonstrated that a lesser fence clear vision area would be required utilizing the standards of subsection 35-506(d)(5) intersection sight distance, an administrative exception may be granted to allow a lesser fence clear vision area than otherwise would be required for a similarly situated property.

d.

Variances. Variances to this section may be permissible in accordance with section 35-482.

e.

Review. All fence clear vision areas are subject to review by the development services department.

(3)

Freestanding walls, not an integral load bearing portion of a structure, whether constructed of masonry or wood framing, shall be considered fencing. Walls connected to a building and designed as a visual and noise barrier between a loading dock or similar use and a residential use, shall not be considered fencing and may extend to a height of sixteen (16) feet and a distance of fifty-five (55) feet from the building. Walls to be constructed in excess of eight (8) feet in height shall require certification by a licensed engineer that the foundation and support structure are designed to sustain wind loads in accordance with the International Building Code.

(4)

All solid screen fences allowed to be constructed in excess of eight (8) feet in height shall require certification by a licensed engineer that the foundation and support structure are designed to sustain wind loads in accordance with the International Building Code.

(5)

If the subject property is within a historic district, corridor overlay or a neighborhood conservation district the historic preservation officer (or their designee) or the director of development services (or their designee) shall make a finding of compliance and compatibility with the provisions of the historic, corridor and/or neighborhood conservation district prior to issuance of a building permit for any fence.

(6)

All fences shall be constructed of wood, chain link, stone, rock, concrete block, pre-cast concrete panels, masonry brick, brick, decorative wrought iron or other material(s) which are similar in durability. The following materials shall not be used for fencing:

a.

Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence.

b.

Plywood less than five-eighths ( 5/8 ) inch thick, plywood not of a grade approved by the development services director, particle board, paper, and visqueen plastic, plastic tarp, or similar material.

c.

Barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury; provided, however, that barbed wire may be permitted by right within a governmental facility and through an administrative exception of the development services director for private nonresidential facilities where all of the following findings of fact are made:

1.

The barbed wire, where proposed to be located, will not be capable of inflicting significant physical injury to the general public,

2.

The fence proposed with barbed wire is located behind a minimum setback line except where surrounded by established industrial uses,

3.

The barbed wire is demonstrated by the applicant as a requirement for facility operations and for secured areas within the facility,

4.

The barbed wire conforms with the requirements of section 6-2 of the building code.

d.

Sheet, roll or corrugated metal.

(7)

Variances to this section shall be in accordance with section 35-482.

(8)

Retaining walls shall not be considered a fence however shall conform to the following requirements:

a.

Retaining walls on private property shall be in conformance with the International Building Code.

b.

Retaining walls along or within public rights-of-way shall be in conformance with the International Building Code, article IX of chapter 6 of the City Code and where greater than three (3) feet in height shall include plans designed, signed and sealed by a licensed engineer.

c.

Where a barrier is required by the International Building Code to be located on the top of a retaining wall, such barrier shall not be considered a fence.

(9)

Fences used to display a message shall comply with chapter 28, "Signs and Billboards."

(b)

Fencing Alternatives.

(1)

Sport Court Fencing. Fencing, screening and/or back stops for sport courts such as basketball, tennis, batters cages, etc. shall be constructed only in the side or rear yard and shall be located no closer than five (5) feet to a side or rear property line of an adjacent single-family use or residential zoning district and/or a public or private street. The maximum height for sport court fencing shall be limited to twelve (12) feet in height.

(2)

Large Lot Fencing. Predominantly open fencing at a maximum height of six (6) feet may be permitted in the front yard of any residential lot with at least twenty thousand (20,000) square feet in area by right and on all other residential lots regardless of lot size by special exception pursuant to section 35-399.04. Where permitted by right each of the following conditions must be met to construct a six-foot predominantly open fence in the front yard:

A.

The primary building meets the minimum required building setback for the district in which it is located; and

B.

The lot has at least one hundred (100) feet of street frontage.

(3)

Fencing of Vacant Lots or Parking Lots. A predominantly open fence not exceeding a height of six (6) feet may be constructed on a vacant lot or parking lot. However, at such time that a house or structure is constructed on the lot, that portion of the fence constructed in the front yard shall be removed or reduced in height to a maximum of three (3) feet in height for a solid fence and four (4) feet in height for a predominantly open fence unless said lot and fence meet the criteria to allow a higher fence as outlined in this chapter.

(4)

Combined Fence. As defined in section 35-A101 "Fence (combined)" may be permitted in the front yard up to the height allowed for a predominantly open fence provided that the solid portion shall not exceed three (3) feet in height.

(5)

Planned Development. A planned unit development (PUD) district may designate side and rear yard fence heights up to eight feet in height through a PUD plan adopted by the planning commission pursuant to section 35-413

(c)

Height Limitation.

(1)

Except for the provisions in section (b) above no fence shall exceed the following table of heights. In addition, the maximum permitted fence height shall not exceed that of the maximum permitted fence height for the abutting property except as provided in subsection (c)(2). The board of adjustment may allow fences of greater height by special exception, subject to section 35-399.04 of this chapter or by variance subject to Section 35-482 if the height of the fence exceeds that height allowances for a special exception. The height shall be the vertical distance measured from the lowest adjacent ground level (either inside or outside the fence) to the top of the tallest element of the fence material, excluding decorative features affixed to the top of any column, pillar or post. The height of any existing retaining walls, either an integral part of a fence or upon which a fence may be erected, shall be calculated in the height of the fence, except in the following instances:

A.

The retaining wall is necessary for structural soundness/integrity of building construction on the lot; or

B.

The retaining wall is abutting a drainage easement or drainage infrastructure.

Table of Heights
Maximum Permitted Fence Heights

Permitted Use	Front Yard	Side Yard	Rear Yard
Single-Family or Mixed Residential Use	3'0" solid fence 5'0" combined or predominantly open fence Except as provided by (b)(2)	6'0"	6'0"
Multi-Family Use (see also subsection 35-514(f) below)	3'0" solid fence 5'0" combined or predominantly open fence	6'0"	6'0"
Commercial & Office Use	3'0" solid fence 5'0" combined or predominantly open fence	6'0"	6'0"
Industrial Use	8'0"	8'0"	8'0"
Government Facilities, Churches, Schools, Swimming Pools, Stormwater Management Facilities, & Parks (Public property, including parks, require HDRC review)	8'0"	8'0"	8'0"
Vacant Lots, Parking Lots	3'0" solid fence 6'0" combined or predominantly open (see also subsection 35-514(b)(3) above	6'0"	6'0"

 

Footnotes:
This subsection shall not apply to fences erected as required by Chapter 16, Article VII of the Code (Salvage Yards and Auto Dismantlers), or in § 35-510 of this chapter. Buffer fences shall be limited in height in accordance with section 6-2 of the building code.

(2)

Notwithstanding the provisions of subsection (c)(1), above, a fence may be erected or altered up to a height of eight (8) feet where:

A.

The ground floor elevation of either the principal dwelling on the property or the principal dwelling on an abutting lot is at least four (4) feet higher than the elevation at the shared lot line; or

B.

The fence is erected along a side or rear lot line which abuts an alley or a street with a classification other than a local street; or

C.

The fence is a sound barrier or a security fence for a public or institutional use; or

D.

The additional fence height is permitted by the city council pursuant to a rezoning or specific use authorization; or

E.

The fence is located on a side or rear lot line of a single-family, duplex, or mixed-residential use which abuts a multi-family residential, commercial, industrial, or park use.

F.

In any side or rear yard where a slope is present, the height of a fence may be adjusted to allow the top of the fence to be level, and perpendicular to the support posts at a height greater than six (6) feet, provided that the height of the fence at the highest elevation does not exceed eight (8) feet. In order to maintain a uniform appearance, whenever a fence higher than six (6) feet is allowed by this subsection, all side and rear yard fences may be allowed up to eight (8) feet in height above grade.

(3)

Notwithstanding the provisions of subsection (c)(1), above, a fence may be erected or altered up to the height of the adjacent building where the fence is located entirely on the interior of a lot behind all required building setback lines, attached to the main structure, and used for security purposes or for part of the intended use of the primary structure, such as fencing for outdoor display, for example an outdoor garden area, or lumber yard attached to a home improvement store or a secure, enclosed courtyard area for residents of an assisted living facility.

(4)

The following illustration shall be used to determine applicable front, side and rear fence standards:

(d)

Fencing Requirements for Uses Adjoining Single-Family Residential Uses.

(1)

All property zoned for nonresidential or multi-family residential uses including residential districts with conditional uses or specific use authorizations for nonresidential uses, excluding property located within the mixed-use district "MXD" or infill development zone "IDZ," shall erect and maintain solid screen (opaque) fencing along the property boundaries adjacent to an existing single-family residential use.

(2)

As a minimum, the fencing shall consist of solid screen materials and shall be at least six (6) feet in height except where a lower height is required by subsection (c) above. The fencing shall be required to be constructed and finished prior to obtaining the first certificate of occupancy for the newly zoned property.

(3)

With the zoning applicant's consent, the city council may modify or exempt the requirements of (d)(1) or approve alternative screening measures, such as landscaped buffer yards, when considering a change in zoning, including conditional use and specific use authorization cases.

(4)

The fencing requirements of section 35-514 shall apply in zoning cases initiated by the City of San Antonio unless a statement specifically exempting the property from the fence provisions is included in the ordinance approving the zoning.

(e)

Multi-Family Dwellings. Multi-family dwellings consisting of twenty-five (25) or more units may erect fences higher than permitted in subsection (c) within the front yard in accordance with the following criteria:

(1)

Fencing shall be limited to a maximum height of six (6) feet and shall be constructed of wrought iron or similar material.

(2)

Solid screen fencing may be erected within the front yard along side property lines if a three-foot landscape area is provided and maintained outside the fence if it abuts a more restrictive zoning district. The landscape area shall contain a minimum of five (5) shrubs per twenty-five (25) linear feet and shall include ground cover.

(f)

Residential Subdivision Perimeter Fencing.

(1)

Legislative Findings and Purpose. The city council finds that it is necessary for the public welfare to impose standards to improve and preserve the quality of a subdivision's perimeter fences in residential neighborhoods in order to avoid blighting influences on neighborhoods and public safety problems.

(2)

Applicability. The requirements of this subsection apply only to fences located along the perimeter of a tract or parcel subject to an application for subdivision plat approval which adjoins a collector or arterial street or a platted multiple lot residential subdivision that adjoins a collector or arterial street.

(3)

Standards.

A.

A fence constructed of wooden boards shall include at least one (1) of the following architectural or landscaping elements for every fifty (50) lineal feet:

1.

An offset or column extending at least twelve (12) inches vertically and six (6) inches horizontally from the remainder of the fence; or

2.

The fence shall be articulated by means of a recess or a projection extending not less than twelve (12) inches horizontally from the remainder of the fence; or

3.

Climbing vines, shrubs or trees shall be planted along the base of that portion of the fence that fronts a public street. The remaining setback area between the fence and property line shall be landscaped with grass or other low ground cover. All plants shall be irrigated and maintained consistent with the provisions of section 35-511 of this article. Only living vegetation may be used to meet these landscaping requirements.

B.

All fences shall be maintained by a homeowners association established consistent with the requirements of subsection 35-503(f)(2), above, so as not to create a hazard, public nuisance or blight in the surrounding neighborhood.

(Ord. No. 98697 § 6) (Ord. No. 100126 § 4) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2008-04-03-0267, § 2, 4-3-08) (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)