PUBLIC PROPERTY

San Antonio Unified Development Code art. VI, div. 4

in effect

San Antonio Unified Development Code § 35-640 Public Property and Rights-of-Way.

Sec. 35-640. - Public Property and Rights-of-Way. (a) Public Property. Generally, the historic and design review commission will consider applications for actions affecting the exterior of public properties except in the case of building interiors that are the sites of major public assemblies or public lobbies. The historic and design review commission will also consider applications for actions affecting public properties such as city parks, open spaces, plazas, parking lots, signs and appurtenances. (b) Public Rights-of-Way. Generally, the historic and design review commission will consider applications for actions affecting public rights-of-way whose construction or reconstruction exceeds in quality of design or materials standards of the design manual of the public works department. (Ord. No. 98697 § 6)

San Antonio Unified Development Code § 35-641 Design Considerations for Historic and Design Review Commission Recommendations.

Sec. 35-641. - Design Considerations for Historic and Design Review Commission Recommendations. In reviewing an application, the historic and design review commission shall be aware of the importance of attempting to find a way to meet the current needs of the City of San Antonio, lessee or licensee of public property. The historic and design review commission shall also recognize the importance of recommending approval of plans that will be reasonable to implement. The best urban design standards possible can and should be employed with public property including buildings and facilities, parks and open spaces, and the public right-of-way. Design and construction on public property should employ such standards because the use of public monies for design and construction is a public trust. Public commitment to quality design should encourage better design by the private sector. Finally, using such design standards for public property improves the identity and the quality of life of the surrounding neighborhoods.

San Antonio Unified Development Code § 35-642 New Construction of Buildings and Facilities.

Sec. 35-642. - New Construction of Buildings and Facilities. In considering whether to recommend approval or disapproval of a certificate, the historic and design review commission shall be guided by the following design considerations. These are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles, which can result in creative solutions that will enhance the city and its neighborhoods. Good and original design solutions that meet the individual requirements of a specific site or neighborhood are encouraged and welcomed. (a) Site and Setting. (1) Building sites should be planned to take into consideration existing natural climatic and topographical features. The intrusive leveling of the site should be avoided. Climatic factors such as sun, wind, and temperature should become an integral part of the design to encourage design of site-specific facilities which reinforces the individual identity of a neighborhood and promotes energy efficient facilities. (2) Special consideration should be given to maintain existing urban design characteristics, such as setbacks, building heights, streetscapes, pedestrian movement, and traffic flow. Building placement should enhance or create focal points and views. Continuity of scale and orientation shall be emphasized. (3) Accessibility from streets should be designed to accommodate safe pedestrian movement as well as vehicular traffic. Where possible, parking areas should be screened from view from the public right-of-way by attractive fences, berms, plantings or other means. (4) Historically significant aspects of the site shall be identified and if possible incorporated into the site design. Historic relationships between buildings, such as plazas or open spaces, boulevards or axial relationships should be maintained. (b) Building Design. (1) Buildings for the public should maintain the highest quality standards of design integrity. They should elicit a pride of ownership for all citizens. Public buildings should reflect the unique and diverse character of San Antonio and should be responsive to the time and place in which they were constructed. (2) Buildings shall be in scale with their adjoining surroundings and shall be in harmonious conformance to the identifying quality and characteristics of the neighborhood. They shall be compatible in design, style and materials. Reproductions of styles and designs from a different time period are not encouraged, consistent with the secretary of the interior's standards. Major horizontal and vertical elements in adjoining sites should be respected. (3) Materials shall be suitable to the type of building and design in which they are used. They shall be durable and easily maintained. Materials and designs at pedestrian level shall be at human scale, that is they shall be designed to be understood and appreciated by someone on foot. Materials should be selected that respect the historic character of the surrounding area in texture, size and color. (4) Building components such as doors, windows, overhangs, awnings, roof shapes and decorative elements shall all be designed to contribute to the proportions and scale of their surrounding context. Established mass/void relationships shall be maintained. Patterns and rhythms in the streetscape shall be continued. (5) Colors shall be harmonious with the surrounding environment, but should not be dull. Choice of color should reflect the local and regional character. Nearby historic colors shall be respected. (6) Mechanical equipment or other utility hardware should be screened from public view with materials compatible with the building design. Where possible, rooftop mechanical equipment should be screened, even from above. Where feasible, overhead utilities should also be underground or attractively screened. Exterior lighting shall be an integral part of the design. Interior lighting shall be controlled so that the spillover lighting onto public walkways is not annoying to pedestrians. (7) Signs which are out of keeping with the character of the environment in question should not be used. Excessive size and inappropriate placement on buildings results in visual clutter. Signs should be designed to relate harmoniously to exterior building materials and colors. Signs should express a simple clear message with wording kept to a minimum. (8) Auxiliary design. The site should take into account the compatibility of landscaping, parking facilities, utility and service areas, walkways and appurtenances. These should be designed with the overall environment in mind and should be in visual keeping with related buildings, structures and places. (c) Multiple Facades. In making recommendations affecting new buildings or structures which will have more than one (1) important facade, such as those which will face two (2) streets or a street and the San Antonio River, the historic and design review commission shall consider the above visual compatibility standards with respect to each important facade. (Ord. No. 98697 § 6)

San Antonio Unified Development Code § 35-643 Alteration, Restoration and Rehabilitation.

Sec. 35-643. - Alteration, Restoration and Rehabilitation. In considering an application for a certificate to alter, restore, rehabilitate, or add to a building, object, site or structure the historic and design review commission shall be guided by the following general standards of the Secretary of the Interior's Standards for Rehabilitation in addition to any specific design guidelines included in this article: (a) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment. (b) The distinguishing original qualities or character of a building, structure, object, or site and its environment, shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (c) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. (f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, high pressure washes and other cleaning methods that will damage the historic building's materials shall not be undertaken. (h) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. (i) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. (j) Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

San Antonio Unified Development Code § 35-644 Certificate of Appropriateness - Administrative Approval.

Sec. 35-644. - Certificate of Appropriateness - Administrative Approval. Applications for certain minor alterations, additions, ordinary repairs or maintenance may be reviewed and approved administratively by the historic preservation officer without review by the historic and design review commission. Those activities which constitute minor alterations, additions, repairs or maintenance include but are not limited to those listed in section 35-611. A clear photograph of the building, object, or structure to be repaired, a brief description of the intended work, and samples of replacement materials or paint for comparison with the existing building, object, or structure must be furnished with the application. (Ord. No. 2010-06-24-0616, § 2, 6-24-10)

San Antonio Unified Development Code § 35-645 Signs and Billboards on Public Property or Right-of-Way.

Sec. 35-645. - Signs and Billboards on Public Property or Right-of-Way. (a) General Provisions. All non-regulatory signage on public property, on the public right-of-way, or overhanging the public right-of-way shall conform to all city codes and must be approved by the historic preservation officer prior to installation. Permits must be obtained following approval of the application. The historic preservation officer may submit an application under this section to the historic and design review commission for their recommendation prior to approving, denying, or approving with conditions the application. Memorials, markers, naming rights of public property, and recognition of charitable donations given to the City of San Antonio shall be additionally governed by existing policies for memorials and markers and/or any formal action passed by city council. Temporary displays approved by the department exercising control of the public property are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas. (b) Sign Definitions. For signage definitions, refer to subsection 35-612(b) and chapter 28 of the City Code. (c) Proportion of Signs. Signage width and height must be in proportion to the facade, respecting the size, scale and mass of the facade, building height, and rhythms and sizes of window and door openings. The building facade shall be considered as part of an overall sign program but the sign shall be subordinate to the overall building composition. Additionally, signs should respect and respond to the character and/or period of the area in which they are being placed. (d) Standards for Sign Design and Placement. In considering whether to recommend approval or disapproval of an application for a certificate to construct or alter signage on a building, object, site, or structure, the historic and design review commission shall be guided by the following standards in addition to any specific design guidelines adopted by city council: (1) Primary sign design considerations shall be identification and legibility. Size, scale, height, color and location of signs shall be harmonious with, and properly related to, the overall design of the building or structure and the surrounding area. (2) The number of signs on each building shall be kept to a minimum to prevent unsightly clutter and confusion. (3) Signs which describe, point, or direct the reader to a specific place or along a specific course, such as "entrance," "exit," and "handicap access" shall be reviewed. (4) All graphic elements shall reinforce the architectural integrity of any building. Signs should not disfigure, damage, mar, alter, or conceal architectural features or details and should be limited to sizes which are in scale with the architecture and the streetscape. The historic and design review commission shall be guided by the building's proportion and scale when such elements are incorporated. (5) Additionally, when reviewing applications for signage the historic preservation officer and the historic and design review commission shall consider the visual impact on nearby historic resources and established neighborhood character. (e) Special Purpose Signs. All special purpose signs may be approved by the historic preservation officer and shall be removed within thirty (30) days from the date of approval unless otherwise specified. If within the specified period the applicant feels there is a continued need for the special purpose sign, promotional sign or temporary sign, the applicant may file a new application to request additional display time. Non-governmental banners, pennants and flags, excluding flags included as elements of an overall streetscape or design plan, are considered special purpose signs under the provisions of this chapter and are appropriate for advertising the event and for decoration only during special events or celebrations. No permanent advertising may be regulated in this way. Temporary displays approved by the department exercising control of the public property are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas. (f) Prohibited Signs. Signs that shall not be permitted include: (1) Any sign placed upon a building, object, site, or structure in any manner so as to disfigure, damage, interrupt, or conceal any window opening, door, or significant architectural feature or detail of any building; (2) Roof mounted signs, except in the cases of (i) integral design with the building; (ii) a contributing sign; (iii) or otherwise allowed in this article; (3) Digital and/or LED lighted signs, not to include LED light sources that do not meet the definition of a sign, with or without rotating, flashing lettering, icons or images. Except as provided below: A. A public transportation agency may incorporate transit information signage into transit shelters, utilizing LED or digital technology, provided the signage is contained within or under the transit shelter, and is limited to five (5) square feet of signage area, and one (1) sign per thirty (30) linear feet of pedestrian shelter. B. A public transportation agency may incorporate transit information signage into a monument sign at transit stops, utilizing LED or digital technology, provided it is limited to five (5) square feet of signage area. C. A public transportation agency may incorporate transit information signage into a monument sign at transit facilities (other than transit stops), utilizing LED or digital technology, provided it is limited to seven (7) square feet of signage area. D. The historic preservation officer may impose additional restrictions on illumination to ensure that the character of signs are harmonious with the character of the structures on which they are to be placed and any designated landmarks or districts in the area, provided that such restrictions are reasonably related to other conforming signs and conforming structures in the area, do not unreasonably restrict the amount of signage allowed by this section, and are in keeping with the intent of this section. Among other things, consideration shall be given to the location and illumination of the sign in relation to the surrounding buildings, the use of appropriate materials, the size and style of lettering and graphics, and the type of lighting proposed. Notwithstanding the above, applicants may not exceed illumination restrictions contained in chapter 28. E. Temporary displays for permitted events are authorized if in accordance with chapter 28 of the City Code of San Antonio, Texas. F. Signs by a Government Agency meeting the definition of a Government Sign, provided that all other applicable design standards and guidelines are met or otherwise approved through a Certificate of Appropriateness. (g) Violations. In those instances where a sign is erected or maintained in violation of the aforementioned restrictions, the historic preservation officer, the development services department or park police shall notify the sign's owner, agent, operator or lessee. If the owner, agent, operator or lessee fails to remove the sign within three (3) days after notification, the department of development services or the historic preservation officer may file an action in municipal court as outlined in section 28-15 City Code of San Antonio, Texas. In addition, nothing herein shall prevent the city attorney from seeking civil remedies. (1) Dilapidated Signs. All signs shall be maintained in good working condition so as to present a neat and orderly appearance. Signs and components thereof shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked panels, and broken or missing letters. All signs, components, supports and their surroundings shall be kept free of all sign materials, weeds, debris, trash, and other refuse. The historic preservation officer, the code compliance department, the development services department or the park police may give written notice to remove or repair, within thirty (30) days, any sign which shows gross neglect or which is dilapidated. Failure to comply shall be considered a violation of this chapter, and the sign shall be removed at the owner's expense. Additionally, whether the sign has been designated a contributing structure shall be taken into account when evaluating the condition of the sign. (2) Abandoned Signs. A sign, including its supporting structure or brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer on the premises and such sign has been determined to be abandoned under the provisions of chapter 28. Such sign, if not removed within thirty (30) days from the determination of abandonment by such business, shall be considered to be in violation of this chapter, and shall be removed at the owner's expense. This does not include signs that are approved as contributing structures. (Ord. No. 98697 § 1 and 6) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-04-09-0291, § 6, 4-9-15; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-646 Construction in Public Rights-of-Way.

Sec. 35-646. - Construction in Public Rights-of-Way. (a) General Provisions. All construction in the public right-of-way shall conform to all city codes. In considering an application, the historic and design review commission shall be guided by the following: (1) Sidewalk Zones. Pedestrian movement should be pleasant, allowing for store browsing, comfortable transit waiting and easy accessibility for disabled people. Where possible, sidewalks should at least five (5) feet in width. Existing sidewalks should not be narrowed when replaced. (2) Sidewalk Paving and Surfaces. Materials should complement stylistic differences of individual buildings, particularly when related to historic buildings. A. Materials. Materials should be chosen for beauty, strength, longevity, easy maintenance and traction when dry or wet. B. Color and Texture. To ensure the safety of pedestrians, all changes in surfaces should be defined by contrasting color, texture or materials. (3) Street Features and Arrangements. Historic districts and the downtown, as well as other distinct areas of the city have diverse character and any street furniture selected for these areas should complement these differences. In addition, the clustering of street furniture in one (1) place is recommended. Trash receptacles, seating, telephones and other street furniture should be grouped together. A. Circulation. A clear path-of-travel of thirty-six (36) inches wide shall be maintained in and around street features and arrangement. B. Seating. Seating should be physically comfortable and inviting, durable and attractive. Plaza and open space seating should also be socially comfortable by offering a variety of choices such as in the sun or shade, near traffic and activity or not, and alone or in groups. C. Drinking Fountains. Placing drinking fountains in new development is encouraged. Fountains should be placed within general areas of pedestrian traffic and located on accessible surfaces. D. Trash Receptacles. Trash receptacles should blend visually with their surroundings and their design and location should make use as convenient as possible. E. Vending Machines. Vending machines will not dispense items other than newspapers and periodicals. Vending machines shall be clustered together and away from intersection corners. F. Vending Carts and Kiosks. Vending carts and kiosks are encouraged in locations that do not impede normal pedestrian traffic. G. Outdoor Dining. Lease of public right-of-way for outdoor dining is encouraged in appropriate locations. Lease of sidewalk space for outdoor dining shall be managed through the department of parks and recreation and shall comply with all city codes. It is recommended that at least eight (8) feet of sidewalk be retained between the curb and the leased or licensed space to provide an uninterrupted public walkway. H. Street Objects. Utility boxes, vending machines and so on should not be located in sidewalk zones. Their design and color should be compatible with character of their surroundings. (4) Streetscape Landscaping. Landscaping, particularly streets trees, are an important addition to the streetscape because of the hot Texas climate. Appropriate application along sidewalks strengthens the visual quality of public streets. Careful selection of plant materials, using native and low-water use plants, is recommended. (b) Skywalks and Underground Walkways. Skywalks and underground walkways between buildings but over (or under) public right-of-way shall be integral design elements of a total development, not merely passageways. (1) Skywalks. Skywalks should avoid impeding vistas and views, particularly in the downtown, of historic landmarks, the river, and other important buildings. Construction shall be considered on an individual basis but shall not occur over the river. Skywalks shall facilitate interoffice communication and traffic rather than serve as a public walkway. (2) Underground Walkway. Underground walkways or tunnels shall facilitate interoffice communication rather than serve as a public walkway. Underground walkways should include light wells, skylights, landscaping, and fresh air ventilation. (c) Awnings and Canopies. The primary purpose of an awning shall be to provide shade and weather protection to pedestrians. (1) Size and Shape. Awnings shall be proportionate in shape and size to the scale of the building facade to which it will be attached. On historic landmarks or on older buildings, awnings shall be historically appropriate in design and materials. (2) Materials and Lettering. Preferred materials for fabric awnings are fire resistant canvas. Metal canopies may also be appropriate. Lettering on fabric awnings shall be permitted on the front flap only of the awning in a manner proportional to the awning size, but not to exceed one-half (½) the area of the front flap. Symbols or logos may be allowed on the top of the awning not to exceed one-sixth (⅙) of the square footage of the top of the awning. (Ord. No. 98697 § 6)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/unified_development_code?nodeId=ARTVIHIPRURDE_DIV4PUPRFetched: 10/27/2026