§ 35-680. Demolition of Historic Features in the River Improvement Overlay Districts.

Demolition of architectural features, artwork, furniture, and other items shown on the Robert Hugman plans as well as other historic Riverwalk construction dating back to Spanish Colonial times and including works by the WPA, the CCC and the National Youth Administration constitutes an irreplaceable loss to the quality, character, ambiance and atmosphere of the San Antonio Riverwalk in the river improvement overlay districts. Accordingly, these procedures provide criteria to prevent unnecessary damage to the unique character of the city's Riverwalk areas and character.

(a)

Applicability. The provisions of this section apply to any application for demolition of important architectural features on or immediately adjacent to the river and or the Riverwalk in the river improvement overlay districts.

Items shown on the Robert Hugman Plans for the Riverwalk in "RIO-3."

Items shown on the Robert Hugman Plans for the Riverwalk in "RIO-3" must be preserved including, but not limited to, staircases, walkways, furniture, bridges, tile and other artwork, light fixtures, handrail ornaments, boat landings, fountains, waterways, water features, retaining walls and the overall landscaping plan for placement of planting beds, and the earlier, hand-built river retention walls found in "RIO-3" as identified in the city records and commonly known as the Tobin walls and the Stucco walls. Appropriate penetrations of these historic retention walls will be permitted subject to commission approval.

Heritage Trees. Removal or damage to heritage trees such as large Cypress trees and other, old significant trees at top of bank or along the Riverwalk is prohibited in all river improvement overlay districts. Except where the tree is damaged due to disease, age or physical condition and must be removed for the safety reasons. Then with a recommendation from the city arborist, or the official urban forester, the historic and design review commission may grant approval for demolition.

Other Items of Historic or Archaeological Interest. No certificate shall be issued for demolition of such historic and archaeological features dating from Spanish Colonial times including but not limited to acequias, dams, aqueducts, old mills, trailways, and other river related features or similar items.

(b)

Unusual and Compelling Circumstances for Demolition of the Above. The historic and design review commission may consider unusual and compelling circumstances in order to approve a certificate of appropriateness for the demolition or removal of the items listed in section 35-680. It shall be guided in its decision by balancing the contribution of the object, site or structure to the character of the river improvement overlay districts with the special merit of the proposed replacement project.

The historic and design review commission, using criteria set forth in this article, shall determine whether unusual and compelling circumstances exist and shall be guided in its recommendation in such instances by the following additional considerations:

A.

The historic or architectural significance of the object, site, or structure;

B.

The importance of the object, site, or structure to the integrity and character of the river improvement overlay district;

C.

The difficulty or the impossibility of reproducing such an object, site, or structure because of its design, texture, material, detail, or unique location;

D.

Whether the object, site, or structure is one (1) of the last remaining examples of its kind in the neighborhood, the city, county, region, state, or nation;

E.

Whether reasonable measures can be taken to save the object, site, structure, or cluster from further deterioration, collapse, arson, vandalism or neglect.

(c)

Penalties. Penalties for demolition of architectural features, artwork, furniture and other items discussed in this section shall be the same as those listed in subsections 35-491(c)(3) and (c)(4).

(Ord. No. 95352 § 3 Attachment 2)(Ord. No. 2015-12-17-1077 , § 2, 12-17-15)

Editor's note

Ord. No. 2015-12-17-1077 , § 2, adopted Dec. 17, 2015, changed the title of § 35-680 from "Demolition of historic features in the Riverwalk overlay districts" to "Demolition of historic features in the river improvement overlay districts." This historic notation has been preserved for reference purposes.