§ 35-516. Setback and Frontage Regulations.

(a)

Front and Side Setbacks. A subdivider may elect to impose more restrictive setbacks on a plat; however they must be enforced through restrictive covenants. The city shall only enforce the setbacks required by article III. The following shall be annotated on plats that exceed the building setback line requirements:

"The setbacks imposed on this plat are at the discretion of the developer or Bexar County and are not subject to enforcement by the City of San Antonio."

(b)

Side Yard Building Line. The building line for an existing residence having a side yard of three (3) or more feet may be maintained on any addition to the residence, but in no instance shall the side yard be less than three (3) feet. For regulations governing zero-lot line development, see subsection 35-373(c).

(c)

Yards Adjacent to Rights-of-Way and Easements. On lots that abut a public alley, railroad right-of-way, or an utility/drainage right-of-way or easement which is not part of a platted lot, one-half (½) of such alley, right-of-way or easement, up to a maximum of fifteen (15) feet, may be considered as part of the minimum required rear or side yard.

(d)

Variation in Front Yard. In any block in which seventy (70) percent of the lots have front yards that are less than required by the existing zoning, construction on any remaining vacant lots is permitted to the average yard of the existing improved lots. In any block in which seventy (70) percent of the lots have front yards that are more than required by the existing zoning, construction on any remaining lot is permitted to the average yard of the existing improved lots.

(e)

Rear Yards on Irregular Lots. For lots fronting on culs-de-sac, eyebrows, or elbows, and other irregular shaped lots caused by street design, a rear yard of fifteen (15) feet is permitted based on the mean horizontal distance of the principal structure from the rear lot line and provided no part of the structure is closer than ten (10) feet to the lot line. The mean horizontal distance shall be calculated by adding the products of the width of each segment of the principal structure multiplied by its average distance from the property line and then dividing this sum by the total width of the structure.

(f)

Dwelling on Small Lot. See subsection 35-701(c), Nonconforming Lots of Record.

(g)

Garages and Carports. There shall be a minimum of twenty (20) feet between the back of a sidewalk or the property line and any garage entry accessed from a street right-of-way. The garage setback requirement for garages accessed from an alley shall be in accordance with section 25-370. Carports may be erected behind the minimum front setback required in the applicable zoning district, so long as twenty (20) feet of total parking area depth is maintained within the lot. The minimum twenty (20) feet between back of sidewalk or property line and any garage access does not apply to townhouses, and does not apply to properties zoned IDZ where the front building setback is less than twenty (20) feet in compliance with subsection 35-343(c)(2).

(h)

Swimming Pools. Swimming pools are prohibited within the front setback of all districts or within a platted or recorded utility or drainage easement. Pools which are excavated to a depth greater than three (3) feet below ground shall be located a minimum distance of five (5) feet from the side and rear lot lines.

(i)

Reversed Corner Lots. On reversed corner lots in all single-family residential zoning districts and on lots with single-family residential uses within the city and single-family subdivisions in the city's ETJ, the setback adjacent to the street shall be at least equal to the front setback required for the lot immediately adjacent to the rear. The provisions of this subsection shall not apply to planned unit developments (PUDs).

(j)

Projecting Architectural Features. Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and the ordinary projection of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, provided that such projections shall extend neither more than five (5) feet into any required yard nor closer than three (3) feet to any property line.

(k)

Reduction of Lot Size By Governmental Action. Where the owner of a legally platted lot or his successor in title thereto has his lot reduced in size as a result of governmental action and thereafter does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, such lot may be used as a building site for a single-family residence or other nonresidential uses permitted in the district in which the lot is located, provided that:

(1)

In those cases where the lot area or mean lot width is reduced by governmental action not more than twenty (20) percent below the minimum specified in this chapter, the director of planning and development services shall issue a building permit or certificate of occupancy.

(2)

In those cases where a vacant lot area or mean lot width is reduced by governmental action by more than twenty (20) percent, the director of planning and development services may approve, as a building site, such dimension as shall conform as closely as possible to the required dimensions of this chapter provided that the combined area of the main building and its accessory buildings shall not cover more than forty (40) percent of the lot area remaining after governmental action.

(3)

In those cases where a structure is located on a legally platted lot and the existing yards are reduced by governmental action below the dimensional requirements specified in this chapter, the director of planning and development services shall issue a building permit or certificate of occupancy for alterations to and use of the existing structure if said structure and lot conformed to the required dimensional requirements prior to the lot reduction by governmental action.

(4)

Items (1), (2) and (3) above shall also apply when a property has been reduced in size by means of a donation from the property owner in lieu of a condemnation on behalf of a publicly financed community improvement project if:

A.

The donation is for the furtherance of a goal benefiting the community as a whole;

B.

The donation does not benefit the property donor more than it does other property donors within the project area; and

C.

The subject property has been identified as a necessary part of a public project that has been reviewed by the planning commission, if required, and an ordinance has been passed by the San Antonio City Council directing the project to be completed and the subject property to be acquired.

(l)

Setbacks Adjacent to High Pressure Fuel Lines, Railroads, or Thoroughfares. A twenty-five-foot setback shall be shown on all lots adjacent to high pressure oil, gas or gasoline lines. The setback shall be measured at right angles from the center of the fuel line.

(m)

Utility Lines. Building setbacks adjacent to overhead utility lines shall comply with the provisions of section 35-506 of this article.

(n)

Corner Lots. Corner lots shall have sufficient width to provide appropriate building setback from and orientation to both streets as required by article III of this chapter.

(o)

Previous Plats. The setback line, as shown on plats initiated two (2) years prior to December 2, 2004, shall be recognized as the official setback line.

(Ord. No. 95573 § 2, Amendment "C") (Ord. No. 98697 § 4 and 6) (Ord. No. 100126 § 2) (Ord. No. 101816, § 2, 12-15-05) (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)