§ 35-D101. General.
(a)
"1965 Zoning Districts". The zoning districts established by the city subsequent to June 28, 1965 and prior to the adoption of this chapter February 4, 2002 are referred to herein as "1965 Zoning Districts." Application of the Zoning District Conversion Matrix shall be as follows:
(1)
Properties That Are Registered. Any property that is registered shall be subject to the following provisions:
A.
Registered Uses Recognized. The implementation of the Zoning District Conversion Matrix notwithstanding, the reservation and preservation of the right to continue to use, or establish a single future use of property as was authorized by the zoning regulations in effect prior to the adoption of this Zoning District Conversion Matrix is hereby recognized provided that such property is registered with the City of San Antonio's Department of Development Services.
B.
Registration Process. Registration shall be accomplished by sending notice of the legal description of the property, a description of the particular use right (such as retail sales, multi-family housing, or manufacturing) to be reserved, and the property's 1965 zoning designation (district) to the director of development services by certified mail with payment of the fifty-dollar ($50.00) registration fee. A blanket registration of all or several prior use rights shall not be accepted by the director.
C.
Reserved Use. A use registered in the manner prescribed immediately above shall be referred to as a "reserved use". The registration of a reserve use shall have the effect of preserving the subject property's 1965 zoning designation (district) to the extent necessary in order to recognize the property owner's right to continue or establish the reserved use. As is the predominate rule of zoning such rights run with the land.
D.
Rezoning. The registration of a reserve use shall in no way preclude the initiation of a zoning case. Should a zoning case be initiated on a registered property, which is ultimately approved by the city council, then in that case any rights derived pursuant to the registration procedures of this section shall expire and be a nullity, and the new regulations, including those relating to nonconforming rights, applicable to the new zoning shall apply.
(2)
Properties That Are Not Registered. Any property that is not registered shall be subject to the following provision:
Property designated as located within a "1965 Zoning District", as set forth in Column (A) of Table D 102-1, shall be deemed to be located in the zoning district shown in Column (C) of Table D 102-1 unless otherwise noted.
(3)
Registration Period.
A.
Upon the third anniversary of the effective date of the Zoning District Conversion Matrix the right of an owner of registered property to establish a future use shall expire and be a nullity.
B.
Any property to which this Appendix D subsection (a) applies that is not registered on or before the expiration date described immediately above shall be subject to the provisions of this Appendix D subsection (a)2.
C.
Any property to which this Appendix D subsection (a) applies that is registered on or before the expiration date described immediately above shall be subject to the provisions of this Appendix D subsection (a)1.
(b)
"1938 Zoning Districts". The zoning districts established by the city prior to June 28, 1965 are referred to herein as "1938 Zoning Districts." Application of the Zoning District Conversion Matrix shall be as follows:
(1)
Properties That Are Registered. Any property that is registered shall be subject to the following provisions:
A.
Registered Uses Recognized. The implementation of the Zoning District Conversion Matrix notwithstanding, the reservation and preservation of the right to continue to use, or establish a "single" future use of property as was authorized by the zoning regulations in effect prior to the adoption of this Zoning District Conversion Matrix is hereby recognized provided that such property is registered with the City of San Antonio's Department of Development Services.
B.
Registration Process. Registration shall be accomplished by sending notice of the legal description of the property, a description of the particular use right (such as retail sales, multi-family housing, or manufacturing) to be reserved, and the property's 1938 zoning designation (district) to the director of development services by certified mail with payment of the fifty-dollar ($50.00) registration fee. A blanket registration of all or several prior use rights shall not be accepted by the director.
C.
Reserved Use. A use registered in the manner prescribed immediately above shall be referred to as a "reserved use". The registration of a reserve use shall have the effect of preserving the subject property's 1938 zoning designation (district) to the extent necessary in order to recognize the property owner's right to continue or establish the reserved use. As is the predominate rule of zoning such rights run with the land.
D.
Rezoning. The registration of a reserve use shall in no way preclude the initiation of a zoning case. Should a zoning case be initiated on a registered property, which is ultimately approved by the city council, then in that case any rights derived pursuant to the registration procedures of this section shall expire and be a nullity, and the new regulations, including those relating to nonconforming rights, applicable to the new zoning shall apply.
(2)
Properties That Are Not Registered. Any property that is not registered shall be subject to the following provision:
Property designated as located within a "1938 Zoning District", as set forth in Column (B) of Table D 102-1, shall be deemed to be located in the zoning district shown in Column (C) of Table D 102-1, unless otherwise noted.
(3)
Registration Period.
A.
Upon the third anniversary of the effective date of the Zoning District Conversion Matrix the right of an owner of registered property to establish a future use shall expire and be a nullity.
B.
Any property to which this Appendix D subsection (a) applies that is not registered on or before the expiration date described immediately above shall be subject to the provisions of this Appendix D subsection (b)2.
C.
Any property to which this Appendix D subsection (a) applies that is registered on or before the expiration date described immediately above shall be subject to the provisions of this Appendix D subsection (b)1.
(c)
Development Preservation Rights (DPR). Land uses legally existing as of the effective date of this chapter which do not conform with the uses permitted in the new district to which they have been placed shall have development preservation rights (DPR) pursuant to article VII, division 1 of this chapter. Existing uses meeting this criterion shall be eligible to obtain building permits for rebuilding and expansion if said use was legally operating within the past twelve (12) months at the time of application for said permit. If the use has been discontinued for twelve (12) consecutive months following the adoption of this chapter the owner of said property may:
(1)
Apply for a certificate of occupancy and/or building permit as required by this chapter for one of the permitted uses granted by the zoning districts established by this chapter (see article III, section 35-311); or
(2)
Submit a request for reinstatement of development preservation rights where the enforcement of this chapter would result in unnecessary hardship, and where the spirit of this chapter is observed and substantial justice is done; or
(3)
Submit an application for rezoning to another zoning district.
Development preservation rights exist in addition to nonconforming rights and no provision of this section shall be considered to remove any nonconforming rights granted to a property pursuant to article VII of this chapter.
(d)
Apartments in Former Commercial Zoning Districts. Notwithstanding any provision of this chapter to the contrary, multi-family dwellings developed at thirty-three (33) units or less per acre are a permitted use for any tract or parcel zoned under the 1938 districts as "F", "G", and "GG", or the 1965 districts as "B-1," "B-2," or "B-2NA" prior to the adoption date of this chapter, so long as such tract is not the subject of rezoning in accordance with the provisions of this chapter and remain within the "C-1," "C-2" or "C-2NA" zoning districts. Properties with development preservation rights that are entitled to develop or construct new apartments shall not exceed thirty-three (33) units per acre; however all yard, height and setback standards shall comply with article III Table 310-1 for the density of the apartments being developed. Existing pre-2001 apartment projects that wish to expand shall not be required to bring existing structures into compliance with article III Table 310-1 however, new construction shall comply with article III Table 310-1.
(e)
Reserved.
(f)
Reserved Uses Subject to Overlay Zones Restrictions. An owner of a property may not reserve a use from their 1938 or 1965 Zoning designation (district) if such use is prohibited by any existing overlay zone on that property.
(g)
Reserved.
(h)
Legally Existing Manufactured Homes. Manufactured homes legally existing on a lot at the date of conversion (February 4, 2002) may be replaced with a newer HUD approved manufactured home.
(i)
Registered Uses Recognized in Former "O-2" Office Districts. Notwithstanding the adoption of Ordinance 2009-01-15-0001 amending the "O-2" District as defined in the Use Matrix in effect on December 31, 2008, the reservation and preservation of the right to continue to use, or establish specific uses of property as were authorized by the "O-2" District in effect on December 31, 2008 is hereby recognized provided that such property is registered with the City of San Antonio's Planning and Development Services Department.
(1)
Registration Process . Registration shall be accomplished by completing and submitting a registration application to the planning and development services department with payment of the application/registration fee as required by Appendix "C". The application shall include the legal description of the subject property, a description of the uses to be reserved, and the subject property's zoning designation as of December 31, 2008. The registration of reserved uses shall have the effect of preserving the subject property's "O-2" District, as defined in the Use Matrix in effect on December 31, 2008, to the extent necessary in order to recognize the property owner's right to continue to use or establish uses on such property.
(2)
Reserved Use. A use registered in the manner prescribed by this subsection shall be referred to as a "reserved use". The right of a property owner to register to continue to use or establish a future reserved uses as prescribed herein shall expire and be a nullity on January 15, 2010. The registration of a reserved use shall in no way preclude the initiation of a rezoning case. Should a rezoning case be initiated on a registered property, which is ultimately approved by the city council, then in that case any rights derived pursuant to the registration procedures of this section shall expire and be a nullity, and the new regulations applicable to the new zoning district shall apply.
(j)
Duplexes in former 1938 "B" Zoning District. Notwithstanding any provision of this chapter to the contrary, two-family (duplex) residences are a permitted use for any tract or parcel zoned under the 1938 districts as "B" prior to the adoption date of this chapter so long as such tract is in the same configuration and so long as such tract is not the subject of rezoning in accordance with the provisions of this chapter and remains with the 2001 "R-4" zoning district. Pursuant to this subsection, two-family residences may be developed in accordance with the dimensional standards of table 310-1 and section 35-516 except as otherwise provided below:
(1)
Minimum front setback of twenty (20) feet.
(2)
Minimum side setback of five (5) feet.
(3)
Minimum rear setback of twenty (20) percent of the lot depth or twenty (20) feet, whichever is less.
(4)
Minimum lot size of six thousand (6,000) square feet.
Commentary: The above provisions are based on section 35-3611 of the 1987 Unified Development Code.
(Ord. No. 95191 § 1) (Ord. N0. 96272 § 1, 2 & 3) (Ord. No. 97568 § 2) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)