Multi Family and Mixed Use Development in Non-Multi-Family Zoning Districts.
San Antonio Unified Development Code § 35-312
in effectSec. 35-312. - Multi Family and Mixed Use Development in Non-Multi-Family Zoning Districts.
(a) Definitions. In this section, the following terms have the following definitions:
(1) "Heavy industrial use" means a storage, processing, or manufacturing use:
(A) With processes using flammable or explosive materials;
(B) With hazardous conditions; or
(C) That is noxious or offensive from odors, smoke, noise, fumes, or vibrations.
(2) "Mixed-use residential," when used to describe land use or development, means the use or development, as applicable, of a site consisting of residential and nonresidential uses in which the residential uses are at least sixty-five (65) percent of the total square footage of the development. The term includes the use or development of a condominium.
(3) "Multifamily residential," when used to describe land use or development, means the use or development, as applicable, of a site for three or more dwelling units within one or more buildings. The term includes the use or development of a residential condominium.
(4) "Convert" as utilized in subsection (e)(1) below shall mean to change a building or the structural components of a building that is being used for office, retail, or warehouse use from a non-residential use to mixed-use residential or multifamily residential use.
(b) Generally. In accordance with state law and subject to the exceptions in subsections (b) and (c), a property may be developed as mixed use residential or a multifamily residential use if the property is zoned office, commercial, infill development zone, light industrial, business park, or mixed use, without needing to rezone. Properties developed under this section may have up to sixty-five (65) units per acre. See section 35-312.
(1) Qualifying office districts include "O-1" office district, "O-1.5" office district, and "O-2" high rise office district.
(2) Qualifying commercial districts include "NC" neighborhood commercial district, "C-1" light commercial district, "C-2" commercial district, and "C-3" general commercial district.
(3) Qualifying industrial districts include the "L" light industrial District.
(4) Qualifying mixed-use districts include "MXD" mixed use district, "IDZ" infill development zone district, but only those which permit a mix of uses, "MPCD" master planned community district, but only those which permit a mix of uses, "TOD" transit oriented development district submitted prior to January 1, 2025, "T" transit oriented development district submitted after January 1, 2025, "BP" business park district, and the "AE" arts and entertainment districts.
(c) Exceptions. This conversion allowance does not apply to property that is:
(1) Zoned for heavy industrial use;
(2) Located within one thousand (1,000) feet of an existing heavy industrial use or site;
(3) Within three thousand (3,000) feet of an airport or military base;
(4) Within the military airport overlay zone (MAOZ); or
(5) An area designated by the city as a clear zone or accident potential zone.
(d) Development Standards. Should a property meet the qualifications as outlined in subsections (a), (b), and (c), a property may:
(1) Convert from an existing commercial, office, retail, warehouse, or mixed-use development, without having to rezone the property. Additionally, such a conversion:
(A) May be built with no more than sixty-five (65) dwelling units per acre;
(B) May be built with a maximum building height equivalent to the limitation imposed by the base zoning district or forty-five (45) feet, whichever is greater;
(C) May be built with setbacks that are the equivalent to the limitation imposed by the base zoning district or twenty-five (25) feet, whichever is less;
(D) May be built with no more than one (1) required off-street parking space per dwelling unit;
(E) Shall not be restricted by the ratio of the total building floor area in relation to the lot area of the site (floor to area ratio); and
(F) Shall not be required to provide non-residential uses as part of the project scope.
(e) Certain Regulations Prohibited.
(1) Notwithstanding any other law, a building that (1) is zoned for and used as an office, commercial, retail, warehouse, light industrial, business park, or mixed- use; (2) was constructed at least five (5) years before the proposed date of conversion; and (3) is proposed to be converted into a multi-family residential occupancy or a mixed-use residential occupancy for at least sixty-five (65) percent of the building and at least sixty-five (65) percent of each floor of the building that is fit for occupancy, shall not be required to:
(A) Prepare or submit a traffic impact analysis or other study relating to the effect the proposed converted building would have on traffic or traffic operations;
(B) Construct improvements or pay a fee in connection with mitigating traffic effects related to the proposed converted building;
(C) Provide additional parking spaces, other than the parking spaces that already exist on the site of the proposed converted building;
(D) Extend, upgrade, replace, or oversize a utility facility except as necessary to provide the minimum capacity needed to serve the proposed converted building; or
(E) Comply with a design requirement, including a requirement related to the exterior, windows, internal environment of a building, or interior space dimensions of an apartment, that is more restrictive than the applicable minimum standard under the International Building Code as adopted. This subsection (E) does not negate review or regulations related to places and areas of historical, cultural, or architectural importance and significance.
(f) Regulations Permitted.
(1) This section does not affect or supersede the authority of the city to:
(A) Apply regulations related to short term rental units;
(B) Adopt or enforce water quality protection regulations;
(C) Apply regulations generally applicable to other developments related to sewer and water access requirements, building codes or stormwater mitigation requirements; or
(D) Enforce regulations related to historic preservation, including protecting historic landmarks or property in the boundaries of a local historic district.
(Ord. No. 2025-09-04-0580, § 2, 9-4-25)
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=ARTIIIZO_DIV2BAZODI_S35-312MUFAMIUSDENLMIZODIFetched: 10/27/2026