JANUARY 1, 2006 UNIFIED DEVELOPMENT CODE CITY OF SAN ANTONIO, TEXAS

EXECUTIVE SUMMARY

HOW TO USE THIS DOCUMENT
ORGANIZATION OF CHAPTER 35: UNIFIED DEVELOPMENT CODE

The San Antonio Unified Development Code ("UDC") establishes standards and procedures for new development in the city. The UDC is not designed to be read from cover to cover. Instead, it is organized so readers may look up only the parts they need. The list of articles and divisions in the table of contents shows the main topics and overall organization of the UDC, while the section listings at the beginning of each division provide more detail about the subjects addressed. Later portions of this introduction explain two different ways to use the UDC to answer frequently asked questions. There are many other ways to use this UDC, depending on your objectives.

The major purpose of the UDC is to implement the city's adopted master plan. It is designed to provide clear rules about what is expected of applicants in order to gain approval to develop land in the city. At the same time, it is also designed to streamline the approval process, removing unnecessary delay and confusing or vague standards from the process. The format of Chapter 35 follows the layout of all chapters in the City Code. The article, division and section numbers use a uniform numbering system. Major topics within the chapters are called articles. The articles are divided into divisions, and the divisions are divided into sections. The first article, called the Purpose and Scope (Article I), contains some basic information on the legal framework of the UDC and a guide on how to use the ordinance. The remaining articles are summarized below.

The Use Patterns (Article II) consolidate the regulations applicable to particular forms of development into a single package. These "Use Patterns" reflect either the majority of anticipated permitting activity or patterns, such as Traditional Neighborhood Development, that the city would like to encourage. Each section in this article describes the use pattern, the procedure for approval and the standards relating to approval, with cross-references to other parts of this chapter where needed. The intent is to present a visual, user-friendly overview of the regulations that apply to those types of uses or development styles. The Use Patterns established in this article are not zoning districts or overlay zones. Instead, they are forms of development that may be permitted in the various zoning districts established by this chapter, where indicated in this article and/or Article III.

Zoning (Article III) contains regulations for the base zoning districts, overlay zoning districts, and special zoning districts. These regulations establish the uses are permitted in each zone. They also state which uses are allowed in limited situations, known as "special exceptions," and which are prohibited. Development standards for each base zoning district are also included. These standards include limits on the maximum height, required setbacks, and (for several districts) building size. A schedule of these standards is shown in section 35-310 and is referred to as the "Dimensional Matrix." Sections 35-310.01 through 35-310.15 list the proposed zoning districts. A summary schedule showing the permitted uses and special exceptions in all districts is presented in section 35-311. This schedule is referred to as the "Use Matrix."

Figure 1 shows the relationship between zoning restrictions and the procedures which apply to most properties. It is important to note that the zoning restrictions in Article III do not apply to property in the city's extraterritorial jurisdiction (the land adjoining the city and extending five miles from the city). Landowners in these areas need not consult the Use Matrix or the Dimensional Table in order to determine what is permitted on their property. They are, however, subject to the subdivision regulations (Article IV, Division 4) and the requirements of Article V which govern infrastructure improvements, natural resource protection, and parking and storage.

Figure 1 Typical Development Process

Overlay Districts (Article III, Division 4) and Special Districts (Article III, Division 5). Overlay districts consist of regulations that address specific subjects that may be applicable in a variety of areas in the city, such as requirements for historic districts and landmarks. Special districts consist of regulations that have been tailored to a specific area of the city or a specific type of development. One form of special district, Planned Unit Development (PUD), allows flexibility in development standards for large parcels under unified control. The Official Zoning Map will identify overlay districts, PUDs and special districts as well as the base zoning districts and other information.

Flexible Zoning (Article III, Division 6) allows density bonuses where an applicant provides special amenities or has a special situation, such as enhanced open space, retail redevelopment, or affordable housing. Transfers of development rights (TDR's) are permitted between properties in order to encourage the protection of open space.

Supplemental Use Regulations (Article III, Division 7, sections 35-370 et seq.) To avoid repetition, Article III contains regulations for specific uses and development types that apply in all base zoning districts. Examples include Accessory Dwellings, Home Occupations, and Wireless Towers. These uses may or may not be permitted as of right or as a special exception, depending on how they are listed in the particular district under the Use Matrix. The standards are designed to address particular issues that are raised by the particular use.

An important supplement to the zoning regulations is the Zoning District Conversion Matrix (Appendix D). Prior to adoption of this UDC, the city had maintained two concurrent sets of zoning district regulations consisting of districts adopted in 1938 and in 1965. In order to eliminate the confusion of having two sets of districts, a uniform system of zoning districts has been established. Because the Official Zoning Map will be revised after the adoption of the text of the UDC, Appendix D tells a landowner in a 1938 or a 1965 district which of the new districts applies to his property.

Procedures (Article IV) tells the applicant how to obtain a permit, and describes what happens if the UDC is violated. This article provides information on the city's administrative framework and procedures that relate to land use and development standards. Division 1 provides general information about the application process, public hearings, and notification. Division 2 describes how to obtain site plan approval. Master Site Plans are large-scale development proposals, while Minor Site Plans are required for particular types of uses (regardless of size or scale.) Division 3 describes the procedures for obtaining zoning approval, including rezonings, conditional zoning, special exceptions, and "ministerial" permits for particular uses which do not require a public hearing. In addition, this Division establishes procedures for registering neighborhood associations and establishing neighborhood plans. Subdivision procedures are established in Division 4. These procedures describe how to divide property into lots as well as the process for constructing and dedicating site infrastructure.

Procedures for Variances and Appeals are established in Division 10 of Article IV. This includes procedures for zoning variances and subdivision variances. Division 11 article contains both administrative and other legal remedies available to enforce the UDC.

Specific procedural requirements for special situations are set forth in Article IV as follows: Division 5 (certificates of appropriateness for the development of historic structures); Division 6 (floodplain development permits); Division 7 (Edwards Aquifer Overlay permits); Division 8 (site plans in the Military Airport Overlay Zone); Division 9 (landscaping and tree preservation permits).

The procedures established in Article IV should be read in conjunction with the Application Submittal requirements (Appendix A). This establishes a convenient checklist of information so that the reviewing agencies and the City can determine whether an application is complete. Also, application fees are established in Appendix C.

The standards for land development are consolidated in Development Standards (Article V). Infrastructure standards are established in Division 2. These include standards for parks and open space, stormwater management, street design and access management, and utilities. This division also establishes standards for measuring the capacity of public facilities to serve new development, and the payment of impact fees. Landscaping requirements are set forth in Division 3, including site landscaping, buffering, and street tree planting requirements. This section should be read in conjunction with Appendix E, which establishes the permitted plant list. Division 4 (Lot Layout, Height, and Density/Intensity Standards) establishes standards for lot layout, how to measure setbacks, and building height (remember that the Dimensional Matrix, section 35-310, establishes the setbacks and height restrictions within each zoning district). Division 5 establishes Natural Resource Protection requirements for the Edwards Aquifer, floodplains, and tree preservation. Parking and Storage, including the schedule of minimum and maximum number of parking spaces for each land use, are set forth in Division 6.

Historic Preservation and Urban Design (Article VI) establishes requirements to protect San Antonio's unique historic heritage, including regulations governing landmark and district designation as well as repair, maintenance, and demolition. Separate guidelines are established for particular districts and are cross-referenced in this article. This article also establishes requirements relating to development in the public right-of-way, archeological sites, and public art in capital improvement projects.

Vested Rights (Article VII) protects existing development lawfully in existence from new regulations. In addition, the rights of landowners with applications in progress are also protected as required by state law.

Administrative Agencies (Article VIII) formally establishes or recognizes the agencies involved in the permit approval process. These include the Planning Commission, Zoning Commission, Board of Adjustment, Historic Preservation and Urban Design Commission, City Council, and administrative staff such as the Planning Department, Historic Preservation Officer, and Floodplain Administrator.

Definitions and Rules of Interpretation (Appendix A) contains describes key terms and a section on abbreviations used.

Numbering and Referencing

The numbering system is consistent with the system used throughout the City's Code of Ordinances. Each section and subsection is keyed to the chapter, article and division as follows:

35	-	1	1	101	(a)	(1)	A.
Chapter		Article	Division	Section	Subsection

 

Outside the section. When a reference is to text outside of the same section, the reference number starts with the chapter number (that is, 35), and continues to the appropriate level for the reference. For example, 35-402(a) refers to subsection (a) of Section 402 in Article IV of Chapter 35. The names "UDC" and "chapter" are used if the reference is to the entire ordinance or chapter.

Within the section. When a reference is to text within the same section, the name of subsection, paragraph, or sub-paragraph, as appropriate, is used, and the reference "number" starts with the appropriate subsection letter. For example, "See subsection (b)(2), below" refers to paragraph 2, of subsection (b), of the same section of the UDC.

Purpose Statements. The beginning of most articles, divisions and sections includes an italicized purpose statement. The purpose statement summarizes the master plan policies that the section is designed to implement, other relevant public policies, and fact-findings governing the section. These purpose statements provide the basis for the development standards, but are not standards. In other words, an application for approval of a development cannot be denied because of a conflict with the purpose statement. However, an application will be denied where it conflicts with the standards.

Neighborhoods

The UDC implements the master plan's policy to encourage public participation and to protect neighborhoods. Incentives for pre-application meetings with neighborhoods are provided for Master Site Plans (section 35-411). A new Neighborhood Conservation District overlay is added (section 35-335). Section 35-420 establishes procedures for registering neighborhood associations and establishing neighborhood plans. And, notice requirements are established which go beyond the minimum requirements of state statutes in order to inform the public about pending applications (section 35-403).

Determining the Regulations for a Specific Site

To determine the regulations of the UDC applicable to a site, the user must first find the site on the Official Zoning Map. The appropriate map will show the base zoning district that is applied to the site. It will also show if the site is subject to any overlay districts or special districts, and if the site contains a historic landmark.

The user should then look up all the corresponding regulations. Start with the base zoning districts (in Article III). The base zoning districts state whether a use is allowed by right, allowed as a special exception, or prohibited. The Dimensional Matrix contains the setback and building height standards that apply to the uses that are allowed. In addition, the user should consult the Supplemental Use Regulations (Article III, Division 7) to see if additional requirements apply to the use he is contemplating.

It is important to note that the zoning regulations do not apply to the unincorporated areas of Bexar County which adjoin the city and which are subject to the city's subdivision approval authority. These areas are known as the extraterritorial jurisdiction ("ETJ"). By state law, the city cannot regulate the use or density of land within the ETJ. However, an applicant may voluntarily choose a Use Pattern which may be restricted through a Master Site Plan coupled with restrictive covenants. By choosing to do so, the applicant may develop under alternative infrastructure standards as described in Article V.

Determining Where a Specific Use May Locate

To determine in what base zoning district a specific use may be located, the user must first determine what land use category it is in. Use the definitions in Use Matrix to look up a specific use. These are listed by category (for example, retail sales or heavy industry) rather than types of business. If there is a question as to how the use is defined, the Land-Based Classifications (LBCS) published by the American Planning Association should be consulted. The LBCS is a comprehensive classification system for land uses which is cross-referenced in the UDC.

Then, look at the Use Matrix, which is located in section 35-311, to see the status of the particular land use. Land use categories may be allowed by right, allowed with special limitations, allowed only as a special exception (with additional conditions possible), or prohibited. You should also check base zoning district regulations for Supplemental Use Regulations because some uses are subject to special standards.

Finally, although a base zoning district may allow a use, a specific site may be subject to additional regulations from an overlay district or special district. The regulations of the overlay district or special district supersede the regulations of the base zoning district and may affect the uses allowed and conditions required, so those regulations should also be consulted.

Determining Which Procedures Apply

Each section of Procedures (Article IV) which contains a permitting process includes a subsection entitled "Applicability." This subsection describes the situations where a particular process is needed. If the section applies, the reader should then consult the following subsections, which describe how an application is initiated, how an application is processed, the criteria for review, and cross-references to other parts of the UDC. In addition, most sections have a subsection entitled "Scope of Approval" which describes the rights granted to an applicant by the issuance of approval of the permit. Keep in mind that not all permits entitle an applicant to begin construction. In fact, most simply permit an applicant to proceed to the next step in the approval process.