Understanding SA Zoning

[Naz Hossain]

Hi BP-San Antonio! I having been doing a lot of research about the zoning in SA. There are a lot of older properties that I see have that have a mother in law/casita at the back but are zoned R-4. How does that work? Are 2 families legally allowed to live there? Just want to understand the zoning criteria within the city

Also, has anyone here successfully rezoned a plot of land? I would love to hear about the process and prerequisites.

Thanks everyone!

[Seth Teel]

@Naz Hossain

In 2001 the City of San Antonio adopted the Unified Development Code (UDC).  When this occurred the City did large blanket re-zoning across the City.  This created a lot of "non-conforming" uses like you are describing.  There are two processed by which you can get the property to be compliant in the City's eyes.

1) You can apply for a non-conforming use.  There's an easy application, then the owner must provide certain proof of that use or uses for as far back as the property was re-zoned to the current zoning. This process is 100% administrative, and cost less than a couple hundred bucks, and can be approved in as little as two weeks.  There are some caveats to the "non-conforming" use designation:  You have to reapply annually, the use cannot change for more than 1 year (i.e. Casita/unit can't go vacant for more than 1 year), and the non-conforming designation does not transfer upon sale. 

2) Request a zoning change or re-zone.  This is a much longer process and can cost up to $10K.  All zoning changes are voted on by City Council, which can be a blessing or a curse depending on what the council person for that district wants the land use to be for that parcel.  Benefits to zoning change are: No annual applications, the new zoning is permanent. If the property is sold, the zoning remains the same.  This is a much cleaner and rigid what to solidify the land use for the property.  

I call or email the CoSA Planning Department about once a week.  They are pretty responsive.  I usually get a call or email back within 48 hours.  They will be able to guide you to the best option for your property(s).