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

Any building addition exceeding 1,000 square feet;

Any building renovation meeting the definition of “substantial construction or renovations” as defined in Sec. 153.4.3.1, or in which the parking requirement is increased or the parking lot altered;

Any expansion of an existing parking lot or area, which adds greater than 100 linear feet of buffer length; and

Any construction on a single property of a new parking lot or expansion of an existing parking lot within by more than 2,000 square feet or 10% in area, whichever is greater.

Residential uses adjoining residential uses within any residential zoning district, except multi-family districts R-4 or R-6;

Non-residential uses adjoining other non-residential uses of the same zoning classification;

The reconstruction of an existing building of which 50% percent or less of the floor area was destroyed or rendered unusable 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;

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 or in an enlargement of the exterior dimensions of an existing building; and

Any use, building or structure for which only a change of use within the same zoning category is requested, and which use does not increase the existing building square footage or parking requirement.

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

The adjoining property owners have provided a recorded agreement (in a form satisfactory to the city), restricting the use of an established or proposed buffer yard to the uses provided for in this section.

Figure 7-1 indicates when a buffer yard shall be required to buffer an adjoining zoning district or major public street. The applicant shall install the type of buffer yard as indicated in the table. Uses in the “adjoining zoning district” are not required to provide the buffer yard.

There are 5 types of buffer yards. Figure 7-2 indicates the minimum width, typical plant types, number of trees and shrubs, and whether a fence/berm/wall is required for each 100 lineal feet for each buffer yard. The applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer that meet the requirements of this subsection. The planting configuration for each buffer yard type shall provide a balanced landscape with emphasis on variety, appearance, screening and maintenance.

To the extent permitted by law, utility and telecommunications companies shall provide a plant buffer within the street yard of substations, pumping stations and storage sites. The buffer shall comply with the requirements for a Type “E” buffer, below.

Fence and wall applications and options are identified in Sec. 153.7.1.3(8) below. Additionally, a wall a minimum of six feet high and two and one-half inches thick shall be required of all districts (except R-1) where the land use abuts the R-1 residential district. In this application, the fence, wall or berm is required in addition to the trees and shrubs required by Figure 7-2.

A buffer yard required by this section shall be provided along the side(s) and rear property line of abutting uses.

Buffer yards are not required along the front property line.

At the rear property line of adjoining uses for which a buffer type A, B or C is required in Figure 7-1 and 7-2, the applicant may elect to provide a solid fence at least six feet in height and two and one-half inches thick in lieu of the buffer yard.

No fence or wall shall hereafter be erected within the city unless the person erecting the fence shall first obtain from the city a permit for the construction of the fence. All requests for a permit for the construction of an eight (8) foot fence will require a registered engineer's stamp of approval and such fences must include metal poles The cost of the permit shall be as established by the City Council. Permits are required for new construction, repairs taking place in a six-month time frame to more than 50% of an entire length of the fence, or movement of one or more fence lines. Repairs to fences not meeting the aforementioned guidelines need no permit. The permit application shall specify:

Disputes regarding property ownership or fence line placement that cannot be resolved by review of the plat or survey are considered civil matters between property owners, and the city has no authority in resolving such issues. When feasible, the city will maintain a contract with a local surveyor in an attempt to secure affordable surveying services for the residents. As required, residents will be responsible for retaining and paying for any required professional fees.

Open fence constructed of ornamental iron, with wood, stone, brick, or a combination thereof used for supports for the fence. (“Ornamental iron” shall include pillars or supports of other approved materials necessary to support the ornamental iron. Vertical or horizontal pickets must be a minimum distance apart so that a sphere of four inches cannot pass through. Pillars and supports shall be a minimum of eight feet apart and a maximum of 18 inches in diameter or square, and must be of plaster, stone, or brick.);

Front yard fences that meet these criteria may be built at the property line, or within ten inches from the inside of the property line. The entire footing of the fence including underground structure must be completely within the property line. The upper, exposed section of the fence must align with any adjacent front yard fencing.

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

Any building addition exceeding 1,000 square feet or 10% in area, whichever is greater, of the exterior dimensions of an existing building;

Any building renovation meeting the definition of “substantial construction or renovations” as defined in Sec. 153.4.3.1 in which the parking requirement is increased or the parking lot altered; and

Any construction of a new parking lot or expansion of an existing parking lot by more than 2,000 square feet or 10% in area, whichever is greater. Parking lots in residential zoning districts R-4 and R-6 shall be subject to the requirements of Sec. 153.7.1.4(6).

Single family, duplex, triplex, quadraplex or townhome properties located within a residential zoning district;

The reconstruction of an existing building of which 50% or less of the floor area was destroyed or rendered unusable 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;

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;

Any use, building or structure for which only a change of use is requested, and which requires no structural modifications that would increase its volume or scale; and

Single-family dwellings located on an existing lot of record.

All off-street loading spaces, refuse and outdoor storage areas, antennas, satellite dishes and mechanical equipment within the street yard shall be screened from all public streets. The screening shall be a minimum of six feet in height or a height sufficient to obscure the area or equipment requiring the screening, whichever is less. The screening may be provided by plants, a solid screen fence or wall, or a combination thereof, unless otherwise restricted by city ordinances.

Trees and shrubs, at the time of planting, are to be the size shown in Figure 7-3. Plant materials shall be selected from the plant list in Figure 7-4. Substitutions may be permitted if based on the recommendation of the qualified landscape professional preparing the plan, subject to the approval of the City Administrator or designee (or authorized agent of the city). In addition, if a listed species is commonly infested by fungi, disease or pests, a substitution may be recommended. In no case shall “monoculture” planting be permitted. Plant materials shall show a variety of texture, color, shape and other characteristics.

No artificial plant materials shall be used to satisfy the requirements of this section.

Plant materials required by this section shall comply with the minimum size requirements of Figure 7-3 at the time of installation. Plant height shall be measured from the average grade level of the immediate planting area to the top horizontal plane of the shrub at planting. For single trunk trees, the measurement shall be taken at six inches above grade level, and for multi-trunk trees, the tree shall be measured from the average grade level of the immediate planting area.

Planting areas shall consist of permeable surface areas only. The permeable surface areas for shrubs may be included within permeable surface areas required for trees.

In satisfying the requirements of this section, the use of organic mulch material (minimum four inch depth) shall be provided at the time of planting.

Each large tree, small tree or large shrub shall be planted at least 48 inches from the edge of any paved surface.

Plant areas must be protected from vehicular traffic through the use of concrete curbs, wheel stops or other permanent barriers.

Required plants shall be maintained in a healthy condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pest prevention, pruning and other maintenance of all plantings as needed. Any plant that dies shall be replaced with another living plant that is comparable to the existing plant materials or plant materials specified in the approved landscape plan within 90 days after notification by the city. The City Administrator, or designee, may extend this time period up to an additional 90 days due to weather considerations. If the plants have not been replaced after appropriate notification and/or extension, the property owner or his or her designee or lessee shall be in violation of this article.

Any damage to utility lines resulting from the negligence of the property owner or his agents or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs plants within a utility easement, it shall make every reasonable effort to preserve the plants and return them to their prior locations after the utility work. However, if some plants die, it shall be the obligation of the property owner to replace them.

Landscaped areas shall be irrigated with a system that is suitable for the type of plantings installed. Notwithstanding applicable regulations of San Antonio Water System or other laws, the following is required.

Canopy trees, as defined in Figure 7-2, shall be provided to shade a minimum of 25% of every parking lot and parking area (excluding driveways and garages) subject to this section. A “parking lot” used exclusively for the display of motor vehicles for sale as part of an automobile dealership is exempt from this requirement.

Medium or large trees shall be used. Trees shall be retained or planted along the perimeter of a parking area, or within either an island or peninsula not less than nine feet wide by 18 feet deep.

Applicable to (i) all types of existing industrial, commercial, office and multifamily development, and (ii) new development or undeveloped properties, including new residential development; and

Not applicable to property developed as a single family, duplex , triplex or quadraplex dwelling.

Trees having a minimum trunk diameter of eight inches measured 54 inches above the ground. When measuring a multi-trunk tree, the diameters of the largest three trunks shall be added together;

Street trees or other required trees, such as those required as a condition of approval, use permit or other zoning requirement, regardless of size;

All memorial trees dedicated by an entity recognized by the city and all specimen trees that define a neighborhood or community.;

A tree or trees of any size planted as a replacement for a protected tree; and

Trees determined by licensed arborist to be diseased, dying, dead or structurally unsound shall be exempt from protected tree status.

The city shall be exempt from the requirements and application of this appendix. Nothing contained in this section shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city its officers or employees.

The person in possession of any public property (such as through lease or license of public property) or the owner of any private property shall have a duty to keep protected trees upon the property and under their control in a safe and healthy condition. Any person who feels a tree located on property possessed, owned or controlled by them shall have an obligation to secure the around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm.

No person shall remove, destroy, perform cutting of branches over one inch in diameter, or disfigure or cause to be removed or destroyed or disfigured any protected tree without having first obtained a permit from the city to do so.

Street trees on a public right-of-way are also protected by this section.

All protected trees shall require a permit for removal, relocation, cutting or reshaping.

All removed or disfigured trees shall also require replacement with like-size, like-kind trees or an equal value tree or trees as determined by the City Administrator or designee. If a replacement tree is unavailable in like size or kind, the value of the original protected tree shall be determined using the latest edition of Guide for Plant Appraisal by the International Society of Arboriculture. The valuation shall be used to determine the number and size of replacement trees required. The replacement trees shall be located on site wherever possible. Where there is not sufficient room on site for the replacement trees in the judgment of the City Administrator or designee, another site may be designated that is mutually agreeable.

Routine maintenance of protected trees shall not require a permit. However, no protected tree shall be severely pruned, topped, pollarded or otherwise pruned in a way that disfigures the natural form of the tree. This maintenance shall include only tree pruning practices that are approved by the International Society of Arboriculture. Except in emergency situations where a branch is causing immediate danger to the public in the opinion of a certified arborist, major pruning or trimming of a protected tree, cutting of live branches over one inch in diameter, pollarding, removing of large branches obscuring a sign or other large scale limb removal will require a permit prior to any work being performed.

A one-year pruning permit that is not site-specific may be issued under the following circumstances:

An application shall be filed and approved prior to any tree removals, relocations or cutting.

An application must be processed prior to the issuance of any grading, trenching, encroachment, demolition or building permit for development that encroaches on a protected tree.

Following receipt of a completed application, the City Administrator or designee (or authorized agent of city) shall inspect the premises and determine which protected trees may be removed or which reshaping or cutting may occur.

The condition of the existing protected tree with respect to disease, danger of falling or deadwood;

Danger to the public or to other protected trees in its present condition or location;

Interference with existing utilities, such as sewer lines or power lines; and

Whether the protected tree is a specimen tree, street tree or memorial tree.

Replacement of protected trees removed or destroyed with a tree or trees equal in size and species;

The retention of certified arborist to supervise all pruning both of branches and roots, re-shaping, trimming or relocation of protected trees;

The branch and root structure of all protected trees to remain in place or protected trees that have been relocated on site shall be protected by the use of a substantial construction fence, such as a non-movable chain link fence, placed around the protected zone (the area around a protected tree in which disturbance may cause harm) of each protected tree. Such protection shall be in place prior to any construction equipment or materials being on site. Fencing shall remain in place until construction equipment, materials and debris have been removed from the site and approval from the City Administrator or designee (or authorized agent of the city) has been given for removal. No mechanical equipment, material, debris, paint or paint products, pallets, chemicals, contaminated water or other foreign material shall be allowed to be placed, poured, piled, pushed or stored within the protected zone of any tree;

Designation of each protected tree to remain in place on the construction site;

Whether removal, relocation, re-shaping or encroaching into the protected zone of the tree is necessary in order to allow reasonable use of the property;

Whether the protected tree is anchoring a slope or the removal or disturbance of the protected zone of the tree would cause erosion, loss of soil, increase the flow of surface runoff, or cause a diversion of water that would affect downstream properties;

The total number of overall or protected trees on the property in comparison to surrounding properties and the effect the tree removal would have on surrounding property values;

Whether an effort has been made to preserve the character of the area and the more valuable specimens have been preserved or relocated on site;

Whether the property will support the number of existing trees, taking into consideration any proposed development and zoning for the property, in a healthy growing condition and whether a different layout might allow for the preservation of the tree(s) in place; and

Whether the protected tree is encroaching on or damaging the existing development and if so, whether it could be trimmed or reshaped in a natural looking form or the roots pruned and redirected with root barriers to protect the existing development.

Should a protected tree be substantially re-shaped, topped, removed, damaged or destroyed without a permit, a civil penalty equal to the value of the protected tree may be charged against the property owner and/or violator (if not the property owner) in addition to the replacement of the protected tree with a like-kind, like-size tree. The value of the original protected tree shall be determined using the latest Edition of Guide for Plant Appraisal by the International Society of Arboriculture. If the size of the protected tree cannot be determined due to the unauthorized removal of a protected tree, the size shall be determined by measuring the stump that remains or may be determined by anecdotal evidence or interpolated from photographs or adjacent trees. A missing protected tree shall be assumed to have been in perfect health, unless the property owner can prove otherwise by photo or other verifiable evidence.

The City Administrator or designee shall notify the property owner and alleged violator (if different than the property owner) of the violation and fine in writing. The notice shall include a description of the alleged violation and provide the owner ten business days to request an administrative hearing before the Municipal Judge. The notice shall also indicate that the decision of the Municipal Judge is final unless appealed to the appropriate court. The City Attorney shall represent the city in all appeals.

Fines for violation of this section are payable at the office of the City Administrator or designee. Fines must be paid within 30 business days. The City Administrator or designee is authorized to collect all unpaid civil penalties.

All costs and/or fines shall be itemized in a written report of assessment. The City Administrator or designee shall cause a copy of the report and assessment to be served on the owner of the property or violator (if not the property owner) not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as appears on the last equalized assessment rolls of Bexar County and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing.

A copy of the report of assessment shall be posted in the Office of the City Secretary on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the City Council.

The City Council shall hear the report, together with any objections by the property owner. After the assessment is made and approved by the City Council, it shall be a lien on said property. The lien shall be afforded the highest priority permitted by law and may be enforced in any manner authorized thereby.

Before taking any action to revoke the permit, the City Administrator or designee shall give notice to the permittee in writing of the proposed revocation, the reasons for such revocation, and the time and place the permittee will be given an opportunity to show cause to the City Administrator why the permit should not be revoked. The written notice may be personally served upon the permittee or mailed to the permittee at the address shown on the application at least ten days prior to the hearing. Upon conclusion of the hearing, the City Administrator may revoke the permit upon a finding of noncompliance with the conditions of the permit or the regulations herein.

The City Administrator’s decision to revoke the permit may be appealed as set forth in this section. Any permittee who has had an annual, non-site specific permit revoked shall not be eligible for a new annual, non-site specific permit for a period of six months from the date of the final decision revoking the permit. During the six-month period, the permittee may apply for only individual, site-specific permits and must meet the requirements of this section.

Such variance will not be contrary to the public interest;

Such variance will be in harmony with the spirit and purposes of this article;

The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial; and

The variance will not substantially weaken the general purposes of this article.

Approve the variance;

Deny the variance; or

Grant the variance with such conditions as may be necessary for the furtherance of the purposes of municipal tree preservation in keeping with the spirit of the ordinance.