Designation Process for Historic Landmarks.
San Antonio Unified Development Code § 35-606
in effectSec. 35-606. - Designation Process for Historic Landmarks.
(a) Authority. Requests for landmark designation may only be made by or with the concurrence of the property owner or by City Council. Such landmarks shall bear the words "historic, landmark" (HL) in their zoning designation. In instances where a property owner does not consent to the landmark designation, the historic preservation officer shall request a resolution from city council to proceed with the designation process prior to any hearing regarding the designation by the historic and design review commission or zoning commission. Notwithstanding the foregoing, a request for landmark designation may be made and approved by the city council. Additionally, requests for designation by a property owner shall be made on a form obtained from the city historic preservation officer through the office of historic preservation. Completed request forms shall be returned to the office of historic preservation for processing. All buildings, objects, sites, structures, or clusters heretofore designated by the city council as historic landmarks under any pre-existing ordinance of the City of San Antonio shall be accorded the protection of properties designated historic landmarks under this chapter and shall continue to bear the words "historic, exceptional" (HE) or "historic, significant" (HS) in their zoning designation.
(b) Initiation.
(1) Any person, the historic and design review commission, zoning commission, the historic preservation officer, or the city council may initiate a request for review of historic significance or evaluation for eligibility for historic landmark designation. Owner consent to initiate historic landmark designation shall be required unless a city council resolution to proceed with the designation has been approved. Requests for historic landmark designation may be requested by or with verified written consent of a property owner and shall be made on a form obtained from the city historic preservation officer. Required application materials are listed in section 35-B129 of this chapter. Completed request forms shall be returned to the office of historic preservation for processing. Additionally, owners may submit with the application a written description and photographs or other visual material of any buildings or structures that they wish to be considered for designation as non-contributing to the historic landmark.
(2) Requests made by a person who does not represent the property owner may be made by submitting a Request for Review of Historic Significance. Required application materials are listed in section 35-B129 of this chapter. Completed request forms shall be returned to the office of historic preservation for processing. Such request does not initiate the historic designation process or automatically result in interim controls. All applications shall be evaluated by the historic preservation officer and may be referred to the Historic and Design Review Commission for a Finding of Historic Significance in accordance with this section.
(c) Completeness Review. See section 35-402 of this chapter. For purposes of this section and subsection 35-402(c), the historic preservation officer is the administrative official with original jurisdiction to review an application for completeness.
(d) Evaluation. Following receipt of a complete application, properties shall be evaluated for eligibility under the Designation Criteria for Historic Districts and Landmarks outlined in 35-607. At his or her discretion, the Historic Preservation Officer may request a review and recommendation by the Historic and Design Review Commission for a Finding of Historic Significance.
(e) Interim Controls. When an application is made on a building, object, site or structure that has been determined by the historic preservation officer or the historic and design review commission to be an eligible resource for historic designation in accordance with this article, and when written notice informing the property owner of such a determination has been provided, then the provisions of this chapter shall apply to the property until the lesser of one hundred eighty (180) days of the notification or action by city council on the recommendation for designation. This period may be extended at the written request of the property owner at any time. All enforcement provisions outlined in 35-491 shall apply during this period. Should the city council fail to designate the recommended building, object, site, structure or cluster as a historic landmark or the recommended area as a historic district, the director of development services shall issue permits requested providing all City Code requirements are met.
(f) Public Hearing Schedule. Consideration of the item by relevant boards and commissions shall be scheduled for the next available public hearing which meets all legal notice and quorum requirements. If the property owner requests that the public hearing schedule be extended, then the interim controls period shall be extended for the same amount of time as granted.
(g) Decision. A Finding of Historic Significance may be approved by the Historic Preservation Officer or by the historic and design review commission by a majority vote of members present. If approved, the Historic Preservation Officer will seek concurrence from the property owner. Property owners may verify or withdraw consent at any time during the designation process.
(1) All requests for a change in zoning to include a historic zoning overlay having either written, verified owner consent or resolution by City Council to proceed with the historic landmark designation will be processed in accordance with 35-421.
(2) If the subject property owner does not consent to the proposed designation, the Historic Preservation Officer shall request City Council resolution to initiate historic landmark designation.
(3) To designate a historic landmark, the city shall obtain consent to the designation by the owner of the property or approval of designation by three-fourths (¾) vote of the Historic and Design Review Commission recommending the designation and a three-fourths (¾) vote by the City Council. If the property is owned by an organization that is a religious organization under Section 11.20, Tax Code, the property may be designated as a historic landmark only if the organization consents to the designation.
(4) Upon passage of any ordinance designating a historic landmark, or removing the designation of historic, the city clerk shall send notice of the fact by mail to the owner or owners of affected property.
(h) Subsequent Applications. Requests seeking a finding of historic significance for a property that was previously determined by OHP or the HDRC to be non-eligible for designation shall require additional evidence that was not previously considered in prior reviews as well as required fees and application materials.
(i) Recordation. Upon designation of a building, object, site, structure, or cluster as an exceptional or significant historic landmark, the city council shall cause this designation to be recorded in the official public records of real property of Bexar County, the tax records of the City of San Antonio and the Bexar Appraisal District, the house numbering section of the City of San Antonio's department of development services, and on the City of San Antonio's official zoning maps. Still further, for purposes of clarity in the zoning designation of property, all zoning maps shall reflect exceptional and significant historic landmarks or property in historic districts by inclusion of the words "historic, exceptional" (HE) or "historic, significant" (HS) as a prefix to its use designation as specified in accordance with the general zoning ordinance of the City of San Antonio.
(j) Potentially Eligible Resources.
(1) Previously Inventoried Resources. Resources previously inventoried by the historic and design review commission but not rated due to age, shall be reviewed upon reaching twenty-five (25) years of age by the commission applying criteria set forth in section 35-607 to determine significance, if any. When a resource is found to meet criteria for an exceptional or significant rating, the historic and design review commission at that time shall recommend through the zoning commission to city council the designation of such resources following the procedures set forth in subsection (a) of this section. Resources listed on federal, state or city inventories, but unrated by the historic and design review commission shall be identified in city records.
(2) Uninventoried Resources. As required under the Certified Local Government (CLG) Program of the National Park Service and the Texas Historical Commission, the office of historic preservation on an ongoing basis shall conduct an inventory of buildings, objects, sites, structures and clusters throughout the city to determine cultural, architectural, historical, or archaeological significance, applying the criteria of section 35-607. For such inventories, the office of historic preservation shall rate the resources based on integrity and/or significance. Those buildings, objects, sites or structures found by the board to meet the criteria for historic landmarks shall be recommended for designation following the procedures in subsection (a) of this section. The city, including the office of historic preservation, shall require an inventory of resources in the extraterritorial jurisdiction as part of the master development plan process and the subdivision letter of certification process within the area subject to the MDP or subdivision application unless the office of historic preservation determines, after an initial review, that such an inventory is not required.
(3) Other Resources. If any building, object, site, structure or cluster is thought to be of historical, architectural, or cultural significance, the historic preservation officer, following an initial investigation of the resource, shall refer the matter to the historic and design review commission for a detailed study, review, and official recommendation of the historical, architectural, or cultural status of the building, object, site, structure, or cluster in accordance with the criteria and procedures established in this chapter. All National Register districts or landmarks, state historic landmarks or sites, or state archaeological landmarks and sites shall be considered eligible and identified for potential review in order to maintain compliance with state requirements.
(k) Historic Landmarks Previously Designated by City Council. All buildings, objects, sites, structures, or clusters heretofore designated by the city council as historic landmarks under any pre-existing ordinance of the City of San Antonio shall be accorded the protection of properties designated exceptional historic landmarks under this chapter and shall continue to bear the word (historic) "H" in their zoning designation.
(l) Use of Property Designated Historic. Nothing contained in this article or in the designation of property as being a historic landmark or in a historic district shall affect the present legal use of property. Use classifications as to all such property shall continue to be governed by the general zoning ordinance of the City of San Antonio and the procedures therein established. In no case, however, shall any use be permitted which requires the demolition, relocation, or alteration of historic landmarks or of any buildings or structures in a historic district so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this article. No provision herein shall be construed as prohibiting a property owner from continuing to use property for a nonconforming use.
(m) Removal of Designation. Upon recommendation of the historic and design review commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth herein for designation, a designation made under subsection (a) of this section may be removed by city council following recommendation by the historic and design review commission. Requests shall be filed in accordance with section 35-421 of this chapter.
(Ord. No. 98697 § 1, 4 and 6) (Ord. No 2006-06-15-0718, § 2, 6-15-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-06-24-0616, § 2, 6-24-10; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)
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=ARTVIHIPRURDE_DIV2HIPR_S35-606DEPRHILAFetched: 10/27/2026