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 San Antonio
 Unified Development Code
 Article III. ZONING
 Division 1. GENERAL

  § 35-307. Newly Annexed Territory.  

Latest version.

  • Annexed property shall be zoned in accordance with the procedures required by state law and this section.

    (a)

    Generally - Interim Zoning. From the date of annexation until the property is zoned to a permanent zoning classification, annexed property will be zoned as an interim development reserve ("DR") district except as otherwise provided in this section.

    (b)

    Zoning in Conjunction with Annexation Proceedings. The owner, or owners of property being annexed to the city, may apply for zoning of said property on or after the date on which the city council institutes annexation proceedings as referred to in V.T.C.A. Local Government Code § 43.0561 ("first reading" ordinance, section, paragraph 2 of the City Charter). In connection with such proceedings, the provisions of the state enabling legislation (V.T.C.A. Local Government Code Ch. 211) and of this chapter concerning notice to adjacent property owners and by publication, public hearing or hearings and recommendation by the zoning commission shall be followed, and further, notice shall be mailed to those property owners, both inside and outside the corporate limits of the city, whose property is within two hundred (200) feet of the area in question.

    (c)

    Master Planned Developments. For any master planned development approved as a planned unit development, master planned community district, traditional neighborhood development, or a business park, the city may incorporate the terms of the city approved master development plan into a zoning ordinance following annexation of a property.

    (d)

    Development Agreements. Property that is subject to a development agreement may be designated in accordance with any zoning district classifications set forth in the development agreement and shall be regulated by the development agreement. Said zoning classifications shall be applied upon the revision of the official zoning map pursuant to section 35-421 of this chapter. For purposes of this subsection, a "development agreement" means and refers to any agreement adopted pursuant to V.T.C.A. Local Government Code §§ 43.0563 (contracts for provision of services in lieu of annexation); 42.046 (designation of a planned unit development district in extraterritorial jurisdiction); and 43.127 (annexation for full purposes).

    (e)

    Long Range Comprehensive Plan. The master plan requires the city to prepare a comprehensive land use plan (Urban Design, Policies 1a, 1c). Pursuant to V.T.C.A. Local Government Code § 219.002, the city may prepare a comprehensive plan to "coordinate and guide the establishment of development regulations" pursuant to section 35-420 of this chapter. Accordingly, the city may prepare a comprehensive plan with land use categories and a designation of the zoning districts related to the land use categories as part of a comprehensive plan. The owner or owners of property may apply for rezoning to a classification consistent with the comprehensive plan in lieu of a temporary zoning classification, in accordance with the procedures set forth in subsection (a) hereto.

(Ord. No. 98697 § 6)