§ 35-515. Lot Layout Regulations.

STATEMENT OF PURPOSE

This section provides for blocks which provide a pedestrian scale, offer alternative paths for vehicular traffic, and which accommodate on-street parking. Standards are provided to ensure that lots have adequate access and conform to the zoning provisions of this chapter. The city finds and determines that long blocks lined with homes and other buildings reduce street connectivity and impair the efficiency of public and safety services, while increasing distances between residences and nonresidential destinations or public gathering places. Exceptions to these standards are made for non-urban districts and zoning districts (such as "RP" and "RE") and districts which require greater flexibility in order to encourage economic development (such as "I-1" and "I-2").

(a)

Buildings to be on a Lot. Except as permitted in the planned unit development district, every building shall be located on a lot. In the "RP" and residential zoning districts, no more than one (1) principal building may erected on a lot unless otherwise permitted in this chapter.

(1)

Building on or Near Common Property Line. Construction on or near a common property line of two (2) or more retail/service uses may be permitted after complying with all other provisions of this chapter and then current building codes subject to recording in the Bexar County Deed Records an operational easement agreement (OEA) which provides for each of the provisions as follows:

A.

Provision of a written description of the responsibilities, limitations, and liabilities of the arrangement between the separate property owners that allows for the individual building be considered as a single building group (when viewed together).

B.

Specifies that the owners of the separate property in the proposed building group agree to maintain a maximum one (1) story, fully sprinkled building group, with a sixty-foot yard on all sides (when viewed as a group).

C.

Notes that where a lot line passes through the building group, either an area separation wall of four (4) hours fire-resistive construction or two (2) two-hour area separation walls will be constructed. These firewalls will limit the potential fire exposure of each owner's portion of the common structure.

D.

Notes that a sixty-foot yard may be provided by a platted "No Build" easement adjacent to the building or building group.

E.

The OEA is in perpetuity, is irrevocable without the city's written authorization, is signed by each property owner, is recorded in the Bexar County Deed Records and so noted on each plat of the participating properties.

(2)

Building on or Near Common Property Line (Single-Family Use Only).

The current adopted International Building Code and International Residential Code do not provide for building over common property lines without appropriate fire rated walls, projections, openings and penetrations (for the purpose of this section a "common property line" shall refer to any property line between multiple platted lots under the same ownership as indicated in the property records of Bexar County, Texas). The strict interpretation of such a provision adversely impacts the single-family housing market and specifically inner-city areas which were developed with lots as narrow as twenty-five (25) feet in width. Therefore, the cost of rectifying common property lines by an amending plat unfairly impacts housing cost, especially on inner-city lots.

A.

A single-family structure, addition, or accessory structure (excluding accessory dwellings) may be built over a common property line if each and all of the following conditions are met:

1.

All of the subject lots shall be under ownership of a single person, partnership, corporation of other recognized legal entity.

2.

The building, addition, or accessory structure to be constructed is for single-family use and no other use.

3.

The lots must be platted unless the property is located in the original 36-square mile area of San Antonio, and the boundaries of the lots were recorded in the Deed and Property Records of Bexar County prior to June 14, 1927. It shall be the obligation of the applicant to provide documentation of the lots' platting or recording prior to June 14, 1927.

4.

The side and rear setbacks of the structure in question shall be no less than that required in section 35-310 table 310-1.

5.

All of the lots in question are within one of the following single-family zoning districts: FR, RP, RE, RD, R-20, NP-15, NP-10, NP-8, R-6, R-5, R-4 or R-3.

6.

Prior to receiving a building permit the owner shall obtain a certificate of determination from the department of planning and development services that the above five (5) conditions have been met. In addition if the subject property is in a historic district and/or neighborhood conservation district the director of planning and development services must make a finding of compliance and compatibility with the provisions of the applicable historic and/or neighborhood conservation district prior to issuance of a building permit.

B.

A building may not be built over a common lot line under any of the following conditions:

1.

A structure built over a common property line may not be built and/or converted for other than single-family use and

2.

Under no conditions shall a duplex, tri-plex, four plex or any other multi-family dwellings be permitted without rezoning and platting.

C.

An owner may remove a common property line by filing an amending plat per the regulations of section 35-441.

(b)

Blocks.

(1)

Lots to Be Contiguous. Lots shall be arranged in a contiguous pattern within blocks, or adjoining a cul-de-sac. For minor subdivisions, all lots shall be contiguous, and any new lots subdivided from a tract which has been previously subdivided shall adjoin the existing lots.

(2)

Block Width. Blocks to the interior of the subdivision shall have sufficient width to provide for two (2) tiers of lots. One (1) tier of required block width shall be permitted in blocks adjacent to collector or arterial streets or waterways. Not more than two (2) tiers of lots shall be provided for any block. The provisions of this subsection do not apply to flag lots permitted by subsection (h), below.

(3)

Block and Street Length.

A.

Block Length . The length of a block where homes front a street within a subdivision or site plan shall be measured from the edge of the property line of the street siding the furthest lot of the block width or to the center of a cul-de-sac, 90° Elbow, or 90° Knuckle.

(i)

A street's block length shall not exceed seven hundred (700) feet when the street is a:

• Local type B (with houses fronting),

• Local type A which serves as an entrance street to the proposed neighborhood, or

• Part of a TND use pattern (see subsection 35-207(f)).

(ii)

A street's block length shall not exceed one thousand two hundred (1,200) feet when the street is a:

• Block that ends with a cul-de-sac

• Local type A

(iii)

Block lengths do not apply to the following unless they transition into a street with houses fronting:

• Local type B

• Collectors or avenues

• Secondary arterials or main streets

• Primary arterials or boulevards

• Freeways or parkways

(iv)

In the ETJ, dead end streets or streets with no outlet exceeding seven hundred fifty (750) feet shall provide a fire apparatus turnaround with a spacing not to exceed seven hundred fifty (750) feet. This provision shall also apply to phased street construction when a street outlet has not been constructed.

B.

Street Length . The maximum overall length of streets with homes fronting shall not exceed three thousand (3,000) feet. The overall street length shall be measured from the center of the two furthest intersecting streets or from its intersection with a higher tier street whichever is less. There is no limit to the street length of a street without home fronting.

C.

Maximum street or block lengths, except subsection 35-515(b)(3)(A)(i), may be exceeded in accordance with subsection 35-506(s) of this chapter.

(c)

Lots.

(1)

Compliance With Zoning District Regulations. For proposed subdivisions within the incorporated area of the city, the size, width, depth, shape, and orientation of lots shall comply with the applicable zoning district regulations.

(2)

Factors Governing Dimensions. The size, width, depth, shape, and orientation of lots shall:

• Provide adequate building sites suitable to the special needs of the type of use contemplated.

• Accommodate lots of the size and dimensions required by articles II and III of this chapter.

• Provide for convenient access, circulation, control and safety of street traffic.

• Give due regard to the limitations and opportunities of topography.

(3)

Minimum Lot Size in City Limits. Within the incorporated areas of the city, minimum lot size shall conform to the requirements of article III, section 35-310.

(4)

Frontage. All lots shall front on a public or private street or platted irrevocable ingress/egress easement and shall have a minimum frontage width as indicated in section 35-310. Frontage of a lot shall be determined by the property line of the lot adjacent to the right-of-way of the street upon which the property's address is based. Single-family residential lots shall not front on a collector street, arterial street, or parkway except as specified under subsection 35-506(r)(2). On irregular shaped lots, a minimum street frontage of fifteen (15) feet shall be required. An "irregular shaped lot" includes any lot located on a cul-de-sac or adjoining a curved section of a roadway with a centerline radius of less than two hundred (200) feet. Where a platted irrevocable ingress/egress easement is utilized for frontage, the private street provisions of section 35-506 for street name and design standards shall be met. The ingress/egress easement shall have a plat note prominently displaying: "No structure, fences, walls, or other obstructions shall be placed within the limits of the ingress/egress easement shown on this plat." The ingress/egress easement does not have to be named if:

• It provides access to only a single structure, and the entrance to the ingress/egress easement is from a named road; then the easement will be treated as a driveway and an address assigned at the drive from the named road.

• It provides access to multiple business/family structures and all structures are visible from the named road and can be easily located and addressed with specific addresses off the named road.

Neither the use of an irrevocable ingress/egress easement nor use of a private street shall be allowed to satisfy the major thoroughfare plan requirements.

(5)

Access. Vehicular access to nonresidential uses must be by public street, private street, or an irrevocable ingress/egress easement as specified under subsection 35-515(c)(4) and shall not utilize any property that is zoned single-family residential. However, pedestrian access may be provided by means of a dedicated easement or access way to promote pedestrian circulation on residentially zoned property and/or by means of a public or private street.

(6)

Prohibition Against Creating Landlocked Conditions. Plat applicants shall ensure that there is no abutting landlock conditions created by the proposed plat.

(d)

Driveways. Restrictions on driveway areas are designed to avoid the domination of front yards by large expanses of impervious surfaces which deaden the streetscape and discourage pedestrian activity. Reducing the width of driveways can reduce total site imperviousness. Some techniques that can be used include:

(1)

Driveways and other impervious surfaces shall not comprise more than the percentage of the front yard as specified in column (B) for the use patterns or zoning districts designated in column (A). Driveway entrances shall not comprise more than the percentage of the front lot line as designated in column (B). Parking may be provided in the rear yard, and access may be provided through alleys, where the front yard is insufficient to accommodate a driveway. Table 515-1 shall not apply to property zoned PUD.

Table 515-1

(A) Zoning District or Use Pattern	(B) Maximum Percent of Front Yard
TND, TOD, MXD, D	30%
R-6, RM-6, R-5, RM-5, R-4, RM-4, R-3, MF-25, MF-33, MF-40, MF-50, NC	50%

 

(2)

In order to reduce impervious surfaces, shared driveways shall be permitted in any zoning district classification. In order to reduce runoff and increase stormwater travel times, alternative materials for driveway surfaces, such as pervious pavers or gravel, shall be permitted in any residential zoning district.

(3)

Table 515-1 shall not apply to irregular shaped lots as defined by subsection 35-516(l) of this chapter.

(4)

Driveways for single-family detached residential lots (R-4, R-5, R-6, and R-20), not fronting a collector or major thoroughfare, may be allowed two (2) driveways, not to exceed the impervious cover standards of Table 515-1, where the lot frontage is sixty (60) feet or greater.

(e)

Zero Lot Line Subdivisions.

(1)

Maintenance Easement. For zero lot line subdivisions, a minimum five-foot wide maintenance easement shall be provided through deed restrictions on the lot adjacent to the zero lot line. This easement shall be kept free of permanent obstructions such as tool sheds or fences without a gate. When filing an application for a building permit for a zero lot line development, the subdivider shall provide the city with two (2) copies of deed restrictions establishing the maintenance easements. One (1) copy of these deed restrictions shall be recorded by the applicant prior to issuance of the building permit. Along with the required building permit filing fees, an additional fee shall be provided by the subdivider to cover the recording costs of these deed restrictions.

(2)

Plat Annotation. The following notation shall appear on the plat:

"_______ foot wide maintenance easements are established within the lots adjacent to all non-attached zero lot lines. Such easements shall extend for the depth of the lot and are included in the deed restrictions for all affected properties."

(f)

Townhouse Subdivisions. For townhouse subdivisions, adequate provision shall be made by the subdivider for common ownership and maintenance of community facilities such as recreation and open space, parking, access and similar common use areas. Such open and service areas shall be described and so indicated on the subdivision plat. The description "townhouse subdivision" shall be prominently indicated on the subdivision plat. Also the plat shall include a statement designating all lots in the subdivision to be limited to townhouse use. The subdivider shall also furnish the city two (2) copies of deed restrictions limiting the property to townhouse use and providing disposition and maintenance covenants on all open space or other common ownership areas. Such restrictions shall be recorded by the applicant at the time of plat recordation. Along with the required plat filing fees, an additional fee shall be provided by the subdivider to cover county recording costs of such restrictive covenants.

(g)

Two-Family Dwelling (Duplex) Lots. A lot upon which there is located two (2) attached dwelling units may be subdivided or resubdivided through the common wall into separate fee simple lots for each dwelling unit subject to the following requirements. The two-family dwelling or duplex lot shall be vacated and replatted. Each single-family lot resulting from the subdivision shall have a minimum lot area of four thousand (4,000) square feet and shall be at least forty (40) feet wide except in the case of a planned unit development or planned residential development. Separate utility meters shall be provided to each newly created single-family lot. Separate water and wastewater service lines shall be provided to each newly created lot and shall not traverse any other lot. Where common gas and electrical lines are provided to two (2) single-family lots, easements approved by CPS Energy shall be provided. Walls and floors separating dwelling units in the same building shall not be less than one-hour resistive construction.

(h)

Flag Lots.

(1)

Not more than the following number of flag lots may be authorized to allow for the more efficient use of irregularly shaped parcels of land, or where the integrated nature of multiple buildings on a site dictates the need for such lots. Flag lots may be used to better use irregularly shaped properties or sites with physical limitations. Flag lots shall not be permitted where they will increase the number of lots that take their access from collector or arterial streets. Table 310-1 and/or section 35-353 are superseded by the development standards of this section when applied to flag lots as follows:

Table 515-2
Maximum Number of Flag Lots

Size of Subdivision	Maximum Number or Percentage (%) of Flag Lots
10 or fewer lots	2 lots
11—50	20%
51 or more	20%

 

(2)

The minimum driveway width shall be ten (10) feet.

(3)

Notwithstanding the provisions above, access to not more than four (4) lots may be provided by a shared driveway.

(4)

The minimum frontage at the right-of-way line for any flag lot shall be fifteen (15) feet. The flag pole portion of the lot shall not be considered in determining the area of the lot related to on-site sewage facility suitability.

(5)

On flag lots the maximum front setback line shall be measured from the nearest point at which the lot meets the minimum width (as required in Table 35-310-1) parallel to the street on which the lot fronts.

Illustration of Typical Lots:

Source: The Latest Illustrated Book of Development Definitions

(i)

Clear Vision Area. See transportation standards, subsection 35-506(d)(5).

(j)

Transitional Standards. Transitional buffer lot standards apply to some lower density zoning districts within the incorporated areas of the city. See subsection 35-310(d) of this chapter.

(Ord. No. 98697 § 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2008-04-03-0267, § 2, 4-3-08) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)