GENERAL

San Antonio Unified Development Code art. IV, div. 1

in effect

San Antonio Unified Development Code § 35-401 General Procedural Requirements.

Sec. 35-401. - General Procedural Requirements. (a) Common Elements. This division describes procedural elements common to all applications. The specific procedures followed in reviewing various applications differ. Reference shall be made to the appropriate section in this chapter which addresses the procedures and requirements of a particular application. Generally, the procedures for all applications have five (5) common elements: • Submittal of a complete application, including required fee payments and appropriate information; and • Review of the submittal by appropriate staff, agencies, and boards; and • Action to approve, approve with conditions, or deny the application; and • Appeals; and • A description of the actions authorized by the permit and the time period for exercising rights under the order or permit. This division describes procedural elements common to all applications. Divisions 2 through 9 describe the procedures for processing certain types of applications. Each division or section relating to procedure provides the following information: (1) Initiation. This section describes how the application for the permit is filed. (2) Completeness Review. This section describes the process for determining whether sufficient information has been submitted in order to process an application. This includes the required fee payment and appropriate information. A determination that an application is complete or incomplete does not constitute a determination as to whether the application complies with the standards for approval of the application. (3) Decision. This section describes the procedures for review of the submittal by appropriate staff, agencies and boards and for reaching a decision as to whether the permit is approved, denied, or approved with conditions. (4) Approval Criteria. This section lists any criteria for approval of the particular application. These criteria supplement any other criteria required by this chapter for approval of the application. (5) Subsequent Applications. This section provides a waiting period for some applications in order to avoid consuming resources on the processing of repetitive applications. (6) Scope of Approval. This section indicates the rights that an applicant obtains from approval or conditional approval of an application, and what actions the permit authorizes and the time period for exercising rights under the order or permit. The duration of a permit may also be subject to section 35-711, Permit rights. (7) Recording Procedures. This section describes how the decision on the application is recorded in the public records. (b) Categories of Permits. There are three (3) basic categories of permits and/or development orders pursuant to this chapter. These categories are defined as follows: (1) Legislative Development Orders. Legislative development orders involve a change in land use policy by the city council. A public hearing is required, but the procedural requirements of a quasi-judicial hearing do not apply. Examples include annexations and rezonings. (2) Quasi-Judicial Decisions. A quasi-judicial decision involves the application of a standard required by this chapter to an application. It requires a public hearing. Procedural due process requirements apply as established in section 35-404 of this article. Examples include, variances, and appeals. (3) Ministerial Permits. Ministerial permits involve the application of the standards of this chapter to an application by an administrative official or agency. A public hearing is not required. A ministerial permit typically occurs late in the development approval process. Examples include building permits and certificates of occupancy. (c) Building Permits Required. No building or structure shall be erected, added to, or structurally altered within the city limits until a permit therefor has been issued by the director of planning and development services. All applications for building permits shall comply with the requirements of this chapter. No such building permit, certificate of appropriateness, or certificate of occupancy shall be issued for any building where said construction, addition, or alteration or use thereof violates any of the provisions of this chapter, except upon written order of the board of adjustment. (d) Certificates of Occupancy. (1) Requirement. Except as provided in subsection (2) below, all uses, including nonconforming uses, shall obtain a certificate of occupancy as required by the International Building Code. (2) Exceptions. The following shall not require certificates of occupancy: • Home occupations subject to section 35-378 (3) Records. The director of development services shall maintain a record of all certificates of occupancy and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the property affected. (Ord. No. 98697 § 4) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)

San Antonio Unified Development Code § 35-402 Completeness Review.

Sec. 35-402. - Completeness Review. The provisions of this section apply to any application under this Chapter, unless otherwise provided in the provisions pertaining to the regulations for the specific application or permit. (a) Pre-Application Conference. Before any application is filed with the director, the applicant may attend a pre-application meeting with the director or his designee. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an application pursuant to this chapter. (b) Application Materials. (1) No application shall be deemed complete unless all of the information required by Appendix "B" is included, and all filing fees required by Appendix "C" have been paid. An application, which includes such information, shall be deemed complete. (2) Current application materials shall be made available in the applicable department offices. Such applications shall be filed in advance of any public hearing or public meeting required pursuant to this chapter or statute. The development services director may establish a schedule for filing any application requiring action by the planning commission, zoning commission, or the city council, while the historic preservation officer may establish a schedule for filing any application requiring action by the historic and design review commission. Such schedule shall provide adequate time for notice and/or publication consistent with the applicable state statutes and this chapter. Completed applications shall be filed according to any published schedule of the applicable department. (c) Review Procedures. These procedures shall be used to review any application for completeness unless a different procedure is established elsewhere in this chapter. For purposes of this subsection, the term "director" shall include any administrative official with original jurisdiction to review an application for completeness, and the phrase "appellate agency" shall include any agency, board or commission with jurisdiction to review any decision of the administrative official for completeness (see subsection (1), below). (1) Jurisdiction. Unless the provisions pertaining to a particular application or development order or permit prescribe otherwise: A. All applications for approval of a development order or a permit shall be reviewed by the applicable director for completeness. B. All decisions of the applicable director or other administrative official pertaining to completeness may be appealed to (1) the board of adjustment, in the case of a zoning application (article IV, division 3 of this chapter) (see section 35-481 of this chapter), (2) the historic and design review commission, in the case of a certificate of appropriateness, or (3) the planning commission for all other applications. (2) Time Limits Triggered by Complete application. Whenever this article establishes a time period for processing of an application by the city, such time period shall not commence until the applicable director has reviewed such application for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in such application. Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing, and shall not constitute a decision as to whether application complies with the provisions of this chapter. (3) Review By Applicable Director and Appeal - Default Procedure. A. Unless a different procedure is described in this article, the provisions of this subsection shall apply to the review of an application for completeness. B. Not later than five (5) working days after the applicable director shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within five (5) days after receipt of the application, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new five-day period shall begin, during which period the applicable director shall determine the completeness of the application. If the application is determined not to be complete, the applicable director's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the applicable director in response to the list and description. The applicant shall have 35 calendar days to provide the supplemental information before the application will be closed with a decision for denial. C. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision in writing to the appellate agency. The appellate agency shall render a final written determination on the appeal not later than the next available meeting after receipt of the applicant's written appeal. Notwithstanding a decision by the applicable director that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that five-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter. D. Applications made to the historic and design review commission shall be reviewed for completeness within ten (10) days of receipt of the application. The historic preservation officer (HPO) shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the applicant. E. Nothing in this section precludes an applicant and the applicable director from mutually agreeing to an extension of any time limit provided by this section. (4) Time Limits. If a time limit other than that prescribed by subsection (3), above, is prescribed for a determination of completeness for a specific application for development approval and the reviewing agency fails to act within said time period, the application shall be deemed complete. (5) Limitation on Further Information Requests. After the applicable director accepts an application as complete or following a determination by the appellate agency that the application is complete, the applicable director or the reviewing agency shall not subsequently request of an applicant any new or additional information which was not specified in Appendix "B." The applicable director or the reviewing agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. The applicant has thirty-five (35) calendar days to provide the supplemental information before the application will be closed with a decision for denial. The provisions of this subsection shall not be construed as requiring an applicant to submit, with his or her initial application, the entirety of the information which the reviewing agency may require in order to take final action on the application. Prior to accepting an application, the applicable director shall inform the applicant of any information included in Appendix "B" that will subsequently be required from the applicant in order to complete final action on the application. (Ord. No. 98697 § 1) (Ord. No. 2007-05-30-0592, § 2, 5-30-07) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2011-03-31-0240, § 2, 3-31-11; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code § 35-403 Notice Provisions.

Sec. 35-403. - Notice Provisions. (a) Generally. The notice requirements for each type of application for development approval are prescribed in the individual subsections of this article applicable thereto and/or the Texas statutes. The notice requirements for certain types of public hearings are established in Table 403-1 below provided, however, that to the extent of any inconsistency between the provisions of this section and any state statute, the state statute shall govern. (b) Contents of Notice. The notice shall state the time, date and place of hearing and a description of the property subject to the application. The notice shall include, at a minimum, the following: • The street address, if the street address is unavailable, the legal description by NCB/CB, block, and lot metes and bounds or a general description of the location of the property, either using block numbers, nearby street intersections or approximate distances from intersections. • The current zoning district, if any; and • The category of permit requested and a brief description of the proposed development including density or building intensity, revised zoning classification (if any), and uses requested. In Table 403-1, the method for providing notice is provided in column (A) and the types of permits affected are set forth in columns (B) through (L). In Table 403-1, an asterisk (*) indicates that the type of notice prescribed in column (A) is required for the category of development order prescribed in columns (B) through (L), while a dash (—) indicates that the notice is not required. Table 403-1 Notice Requirements (A) | (B) | (C) | (D) | (E) | (F) | (G) | (H) | (I) | (J) | (K) | (L) | (M) | (N) Type of Notice | Amendments to Master Plan | Amendments to future land use or text changes to the Community, Neighborhood, Perimeter, Sector, or Sub-Area Plans | Rezoning | Master Development Plan | Items Requiring Public Hearing Before the Board of Adjustment | Subdivision Plat, Major | Subdivision Plat, Minor | Certificate of Appropriateness Requiring a Public Hearing (Not Including Administrative Approval Certificates) | Permits, Orders or Approvals Not Mentioned Requiring Public Hearing | Request for Demolition of a Historic Landmark or Contributing Property | Historic Designation Application | Applications within Neighborhood Conservation Districts and Historic Districts | Finding of Historic Significance Requiring Public Hearing Publication: Publication in an official newspaper of general circulation before the 15th day before the date of the hearing. | * | * | * | — | * | *(6) | *(6) | — | * | — | — Mail: Written notice of the public hearing shall be sent. | __ | *(1)(2) | *(1)(2) | — | *(1)(2) | *(6) | *(6) | — | *(1) | *(1)(2) | *(2)(8) (10) | *(2) Internet: Post notice on the city's Internet website until the process has been completed. | *(7) | * | * | *(7) | * | *(7) | *(7) | * | * | * | — Signage: Post a sign on the property subject to the application. Signs to be installed and provided by the city | — | *(4)(5) | — | — | — | — | *(3) | — | * | — E-Mail: Courtesy Reports of Applications shall be sent. | *(9) ;sz=8q;Notes: (1) Notice shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property, within two hundred (200) feet of the property. Notice for zoning cases shall be sent prior to the tenth day before the date of the public hearing at the zoning commission. Notice for demolition applications shall be sent prior to the seventh day before the date of the public hearing at the historic design and review commission. Notice shall not be required for text amendments to the Community, Neighborhood, Perimeter, Sector, or Sub-Area Plans. Notice of the time and place of the city council hearing shall be published, both in a newspaper and on the city's website, prior to the 15th day before the date of the hearing. Notice for proposed comprehensive zoning changes may be different and shall be in conformance with state law. (2) Notices shall be sent to registered neighborhood associations and registered community organizations, per Sec. 35-408, within two hundred (200) feet of the project. (3) The sign shall measure not less than eighteen (18) by twenty-four (24) inches and shall contain: City's name, Address of subject property Description of request Contact telephone number. The sign shall be constructed of corrugated plastic sign stock and shall be in a highly visible fluorescent style color with contrasting colors. Lettering shall be a block font in as large a type as permitted by the sign size. (4) The sign shall measure not less than twenty-four (24) by forty-eight (48) inches and shall contain: City's name, Zoning Case#_______ Contact telephone number of case manager (General) Purpose: From_______ To_______ The sign shall be constructed of corrugated plastic sign stock and shall be in highly visible fluorescent style color with contrasting colors. Lettering shall be a block font in as large a type as permitted by the sign size. (5) The requirement for the posting of signs on individual lots and properties shall be waived for city initiated area-wide rezoning consisting of six (6) or more individual lots. However, signs will be placed at the general location of the boundary of the area-wide zoning project and its intersection with major arterial and collector streets, in the public right-of-way, that provide ingress/egress to the area subject to rezoning. (6) Notice for replat applications shall be sent in accordance with Local Government Code Ch. 212.015. (7) Notice will include project name, number of acres, and approximate location. (8) The historic preservation officer shall notify all property owners within a proposed historic district boundary of the date, time, place and purpose of the historic and design review commission hearing at least thirty (30) days prior to the historic and design review commission hearing on the historic district designation. (9) Notice of Courtesy Reports of general building permits, sign permits, and Preliminary Plan Review meeting requests shall be sent weekly to all registered neighborhood associations. These notices are sent as a courtesy. Any failure to send or receive courtesy reports shall not restrict the issuance of the applicable permit. (10) No later than the fifteenth (15th) day before the date of the initial hearing on historic designation of a property as an individual landmark, the historic preservation officer shall provide the property owner a historic designation impact statement that describes the impact that a historic designation of the owner's property may have on the owner and the owner's property. The historic designation impact statement shall include: a. Regulations that may be applied to any structure on the property after designation; b. Procedures for the designation; c. Tax benefits that may be applied to the property after the designation; and d. Rehabilitation or repair programs that the municipality offers for a property designated as historic. (c) Action to be Consistent With Notice. The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval (if applicable) of the application, or denial of the application. (d) Minor Application and Zoning Site Plan Amendments Not Requiring Renotification. (1) The provisions of this subsection (d) shall govern to the extent not inconsistent with provisions relating to minor amendments for a specific category of development permits or development orders. Minor amendments to the application or previously approved zoning site plan may be made without requiring resubmission of the entire application. For purposes of this subsection, "minor amendments" are amendments which: A. Permit equal or fewer dwelling units, floor area, lot coverage or impervious surface than that requested on the original application; B. Reduce the impact of the development; or C. Reduce the amount of land involved from that indicated in the notices of the hearing. (2) A minor amendment shall not, in any case, permit: A. An increase in the number of dwelling units, floor area, lot coverage or impervious surface development; B. A different land use than that requested in the application; C. A larger land area than indicated in the original application; or D. A greater variance than that requested in the application. (3) A minor amendment shall not reduce or eliminate conditions adopted in this chapter or otherwise adopted by city council ordinance for a specific use authorization or conditional zoning district unless a new notice of zoning commission recommendation and city council action is provided prior to the final decision thereto. (4) Zoning Intensity. For purpose of notification the following table of intensity of zoning shall be used. The intensity ranges shall constitute all districts on the following table that lie between the existing zoning district of the subject property and the requested zoning district for the subject property. Consideration of such a recommendation shall not require renotification. A. The following requests for zoning shall require renotification: i. Amending a zoning request to increase the density of a multi-family district; ii. Amending a zoning request to or from any flex district (UD, RD, FR MI-1 and MI-2); iii. Adding or removing an overlay district; iv. Amending a zoning request to or from any special district; or v. Amending any zoning request outside the range of Table 403-2. B. The following requests for zoning shall not require renotification: i. Amending a zoning request to decrease the density of a multi-family district, notwithstanding subsection (d)(4)A.i. above, ii. Amending a zoning request to change a use in an IDZ base or overlay district that will decrease density or intensity consistent with Table 403-2; or iii. Request of the property owner for imposition of "NA", "NR" or "R" suffix for "C-2" or "C-3" districts. iv. Amending a zoning request to decrease the density of a single-family or multi-family district. Table 403-2 Intensity Ranges "RP" "RE" "R-20" "R-6" "R-5" "R-4" "R-3" "RM-6" "RM-5" "RM-4" "MF-18" "MF-25" "MF-33" "MF-40" "MF-50" "MF-65" "NC" "O-1" "C-1" "O-1.5" "C-2NA," "C-2P", "C-2NR" "C-2" "O-2" "C-3NA" "C-3R", "C-3NR" "C-3" "D" "L" "I-1" "I-2" Example an applicant with a property presently zoned "R-6" and requesting "C-3" could receive a recommendation for approval of any of the following districts "R-5," "R-4," "R-3," "NC," "O-1," "O-1.5," "C-1,""C-2NA," "C-2P," "C-2," "O-2," "C-3NA," "C-3R OR "C-3" without requiring renotification. Rezoning to a "MF" district would require renotification. (Ord. No. 96564 § 3)(Ord. No. 97568 § 2)(Ord. No. 98698 § 1)(Ord. No. 98772 § 1) (Ord. No. 100126 § 2) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2009-12-10-1026, § 2, 10-10-09) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12) (Ord. No. 2012-12-06-0932, § 2, 12-6-12; Ord. No. 2015-12-17-1077, § 2, 12-17-15) (Ord. No. 2016-06-30-0515, § 2, 6-30-16) (Ord. No. 2017-05-18-0344, § 2, 5-18-17; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23; Ord. No. 2025-09-04-0580, § 2, 9-4-25)

San Antonio Unified Development Code § 35-404 Public Hearings Procedures.

Sec. 35-404. - Public Hearings Procedures. (a) Applicability. The provisions of this section apply to any application involving quasi-judicial or legislative review. The provisions of this section do not apply to any application for a ministerial permit. (b) Meetings. The planning commission, zoning commission, and historic and design review commission shall hold regularly scheduled public hearings to receive and review public input on those items required by this chapter. On those items where it has review authority, the zoning commission or planning commission shall recommend that the city council approve, approve with conditions or deny such items. If a comprehensive plan, rezoning, or other land use regulation requiring final approval of the city council, or amendment thereto, or other development approval, has been duly submitted to the zoning commission or planning commission, and said commission has continued such action at two (2) consecutive meetings, such action, at the option of the applicant, shall be deemed to be a negative recommendation. In the event that said commission fails to pass a motion at two (2) consecutive meetings, such action shall be deemed to be a negative recommendation. The director shall thereupon submit the proposed land use regulation or amendment thereto or other development approval to the city council for its consideration. Except as otherwise specified in this chapter, if an applicant wishes to postpone an item after submittal for consideration by the commission or city council, then the applicant shall provide a written request either prior to the commission or city council meeting or at the meeting as a verbal request at the dais, and pay any required withdrawal or postponement fees which shall be non-refundable. (c) Records. The development services director shall provide for minutes to be written and retained, shall record the evidence submitted within the hearing time allotted for the item being considered, and shall include a summary of the considerations and the action of the planning commission and zoning commission, while the historic preservation officer shall provide the same for the historic and design review commission. (d) City Council. The city council shall hold regularly scheduled public hearings to act upon all items required by this chapter to be considered by the city council. The city council shall decide whether or not to approve, approve with conditions (if applicable) or deny such applications. (e) Quasi-Judicial Public Hearing Procedures. (1) Generally. The provisions of this subsection apply to any application for a variance, appeal or any other action pursuant to this chapter which is considered quasi-judicial under Texas law. In making quasi-judicial decisions, the decision makers must investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. In the land use context, these quasi-judicial decisions involve the application of land use policies to individual situations, such as variances, and appeals of administrative determinations. These decisions involve two (2) key elements: the finding of facts regarding the specific proposal and the exercise of some discretion in applying the standards of the ordinance. Due process requirements for quasi-judicial decisions mandate that all fair trial standards be observed when these decisions are made. This includes an evidentiary hearing with the right of the parties to offer evidence; cross-examine adverse witnesses; inspect documents; have sworn testimony; and have written findings of fact supported by competent, substantial, and material evidence. (2) Conduct of Hearing. Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization or group, the name and mailing address of the organization or group. The hearing shall be conducted in accordance with the procedures set forth in this subsection. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public. The order of proceedings shall be as follows: A. The applicable director or appropriate staff member shall present a description of the proposed development and a written or oral recommendation. The recommendation shall address each factor required by this chapter to be considered prior to action or approval on the development permit; B. The applicant shall present any information that the applicant deems appropriate; C. Public testimony shall be heard; D. The applicable director or other staff member may respond to any statement made by the applicant or any public comment; E. The applicant may respond to any testimony or evidence presented by the staff or public; and F. The body conducting the hearing shall close the public portion of the hearing and conduct deliberations. (f) Legislative and Advisory Hearings. The purpose of a legislative or advisory review public hearing is to provide the public an opportunity to be heard consistent with the adoption procedures provided by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process protections such as the right of the parties to offer evidence, cross-examination, sworn testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public hearings preceded by notice to interested parties. Public hearings are required for legislative review hearings such as amendments to a comprehensive plan, amendments to this chapter (including zoning provisions of this chapter and the zoning map), and applications for a planned unit development. The order of the proceedings for a legislative hearing shall be as set forth in subsection (2), above. Testimony may be presented by any member of the public, but need not be submitted under oath or affirmation. The zoning commission or city council may establish a time limit for testimony. (g) Record of Proceedings. The body conducting the hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with state law. Such record shall be provided at the request of any person upon application to the applicable director and payment of a fee set by the city council to cover the cost of duplication of the transcribed record. (Ord. No. 98697 § 1) (Ord. No. 93881 § 5) (Ord. No. 98698 § 2) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code § 35-405 Post-Decision Proceedings (See also Division 10 of this Article).

Sec. 35-405. - Post-Decision Proceedings (See also Division 10 of this Article). (a) Appeals. (1) Applicability. Any person, including any officer or agency of the city aggrieved by a final decision relating to a development permit or administrative development approval by the applicable director or final decision-maker may appeal such final determination to the appellate body designated by this chapter, in the manner provided in this section. (2) Notice of Appeal. A notice of appeal shall be filed with the board of adjustments within the time period prescribed by the appellate body designated by this chapter, pursuant to V.T.C.A. Local Government Code § 211.010(b). The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by the fee established by the city council. (3) Time Limit. The appellate body shall hear and decide the appeal within at least sixty (60) days after the filing of the appealor as required in this chapter. (b) Appeal from Board of Adjustment. (See Division 10) (Ord. No. 98697 § 1)

San Antonio Unified Development Code § 35-406 Revocation of Permit or Approval.

Sec. 35-406. - Revocation of Permit or Approval. Initiation. The city shall investigate alleged violations of imposed condition or conditions. The results of any investigation shall be brought to the attention of the director of development services who shall make a determination whether or not to terminate or suspend (for a specific period) the permit. The director shall provide the permit holder notice of his intent to suspend or revoke a permit for a chapter violation. The notice may specify a reasonable time for compliance with this chapter. If time for compliance is specified in the notice, the director may not suspend or revoke the permit before the time for compliance has expired. No further action shall be taken should the permit holder comply. Should the director determine that the violation has not been abated, the director may revoke the permit by providing the permit holder a notice of termination. This notice shall provide the permit holder with the reason(s) for termination or suspension of the permit(s), at which time the permit holder shall surrender the permit to the director or his/her designee. The process for appeal of the director's decision is set forth in section 35-481. (Ord No. 98697 § 1, 4 and 6) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)

San Antonio Unified Development Code § 35-407 Annexation.

Sec. 35-407. - Annexation. Procedures for annexation are set forth in: • Article 1, § 3, Paragraph 2 and Article IX, § 123A of the City Charter; and • V.T.C.A. Local Government Code Ch. 43.

San Antonio Unified Development Code § 35-408 Neighborhood and Community Organization Registration.

Sec. 35-408. - Neighborhood and Community Organization Registration. (a) Applicability. Neighborhood and community organization registration is established in order to provide notification for purposes of zoning cases, neighborhood plans, community plans, perimeter plans, sector plans, and sub-area plans as provided in other sections of this chapter. The purpose of this section is to establish procedures for the registration of neighborhood associations and community organizations. (b) Contents. A neighborhood registry shall be maintained by the communications and engagement department. In order to be included within the neighborhood and community organization registry, the neighborhood association or community organization shall provide the following information: • A map or written description of the boundaries for which notice should be provided. • A primary and alternate contact, including their mailing address, email address, and textable cell phone number (as applicable). • A signed copy of the adopted by-laws. • A regular meeting location and a regular meeting date. • Date the association or organization was founded. • Number of association or organization members. • Approximate number of housing units in the area. The neighborhood association or community organization shall contact the communications and engagement department in the event of a change in the above-referenced information. An applicant shall be entitled to rely on the above-referenced information for purposes of preparing any notices or otherwise contacting neighborhood associations or community organizations where required by this chapter. (c) Effect of the Registry. When a neighborhood association and/or community organization has been registered as provided herein, the department of development services shall notify the neighborhood association and/or community organization of any application for rezoning or planned unit development plan filed within the boundaries requested for notification or within two hundred (200) feet of the site boundary of a neighborhood association and/or community organization. Individuals who reside outside the 200-feet notice required by this chapter, but within the boundaries of a registered neighborhood association are considered notified when any such notification is sent to the neighborhood association within two hundred (200) feet of the subject site. This notice is a courtesy and hearings may proceed despite claims of a lack of notice. (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-409 Citizen Participation Plan.

Sec. 35-409. - Citizen Participation Plan. (a) Applicability. It is the policy of the city to encourage applicants to meet with surrounding neighborhoods prior to filing an application for a permit requiring review and a public hearing. The applicant at his or her option may elect to include citizen participation as a preparatory step in the development process. Inclusion of citizen participation prior to required public hearings will be noted by the governing body when considering the need for a continuance in a given application. It is not the intent of this section to require neighborhood meetings, but rather to encourage meetings prior to the submission of an application for approval and documentation of efforts which have been made to resolve any potential concerns prior to the formal application process. For Change of Zoning and Future Land Use Plan Amendment applications, the applicant shall provide proof of a meeting with all registered neighborhood associations within two hundred (200) feet of the subject property, or proof of an attempt to meet with all registered neighborhood associations within two hundred (200) feet with the application. (b) Recommended Procedures. (1) Meetings. The applicant may facilitate at least one (1) meeting with surrounding neighborhoods before formally filing an application. (2) Target Area. The target area shall include the following: A. Property owners within the public hearing notice area required by V.T.C.A. Local Government Code § 211.007(c)1; B. A neighborhood association which includes the subject property and/or is within two hundred (200) feet of the subject property and is registered with the communications and engagement department in accordance with the requirements of section 35-408 of this chapter. (3) Citizen Participation Documentation. Citizen participation, to be most effective, should include the following information as required in Appendix "B" to this chapter. The purpose of citizen participation is to: • Encourage applicants to pursue early and effective communications with the effected public in conjunction with applications, giving the applicant an opportunity to understand and attempt to mitigate any documentable adverse impact of the proposed project on the adjoining community and to educate and inform the public. • Provide citizens and property owners of impacted areas with an opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process. • Facilitate ongoing communication between the applicant, interested citizens and property owners, city staff, and elected officials throughout the application review process. • Citizen participation will not produce complete consensus on all applications, but encourages applicants to be good neighbors and allows for informed decision making. The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. (4) Report on Implementation of Citizen Participation. To be most effective an applicant should provide a written report on the results of their citizen participation effort prior to the filing of an application. The report will be attached to the department of planning and development services's public hearing report. At a minimum, the citizen participation report shall include the following information: A. Details of techniques the applicant used to involve the public, including: (1) Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal; (2) Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters and other publications; (3) Where residents, property owners, and interested parties receiving notices, newsletters, or other written materials are located; and (4) The number of people that participated in the process. B. A summary of concerns, issues and problems expressed during the process; C. How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and D. Concerns, issues and problems the applicant is unable to address. This statement shall indicate why the concerns cannot or should not be addressed. (5) Signature or Affidavit of Compliance. If the applicant prepares a citizen participation report, the report shall include a list of persons contacted, a list of persons invited to any neighborhood meeting, and one (1) of the following: A. The signature of the president or vice-president of any neighborhood associations required to be contacted certifying that the neighborhood meeting was conducted; provided, however, that the signature need not certify agreement with the applicant as to any issues raised at the neighborhood meeting; or B. If the president or vice-president of the neighborhood associations were unavailable or refused to sign such certification, a statement as to the efforts to contact them and (in the event of unavailability) why they were unable to sign the certification; or C. A statement that there are no registered neighborhood associations within the required notification area. (c) Restrictions on Continuances. It is the intent of this chapter to encourage applicants to involve neighborhoods in the development approval process while, at the same time, streamlining the development approval process through the discouragement of continuances. Accordingly, no person who received notice of a neighborhood meeting and failed to participate in a neighborhood meeting shall be permitted a continuance of any hearing relating to a master development plan permit requiring a public hearing. For the purpose of this section, a person will be considered to have "received notice" if their name appears on the invitation list. (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-410 Procedures for Statutory Rights (Chapter 245).

Sec. 35-410. - Procedures for Statutory Rights (Chapter 245). The purpose of this section is to provide standard procedures for recognition of rights under Chapter 245 of the Texas Local Government Code (Chapter 245). (a) Applicability. The provisions of this section apply to any application for a permit by which an applicant desires recognition of rights under Chapter 245. The provisions of this section do not apply where an applicant does not desire recognition of rights under Chapter 245. (b) Initiation. A request for recognition of Chapter 245 permit rights may be initiated by the submission of an application containing written information that provides the city fair notice of the project and nature of the permit sought, provided that such written information includes a description of each land use (residential, multi-family, commercial or industrial) by acreage. Applications containing this information may include but not be limited to plats, MDPs, building permits, or utility service agreements (with the supporting engineering report in conformance with the San Antonio Water System utility service regulations). (c) Decision. The director of development services shall then review the request to ascertain that all information required by Chapter 245 for review for fair notice purposes has been submitted. The Director will notify an applicant of any incomplete filing within ten (10) business days, unless a shorter notification period is required in other sections of the City Code. (d) Approval Criteria. Chapter 245 rights will be recognized when a complete permit application for a project that provides the city fair notice of that project has been received by the city. To accrue Chapter 245 rights effective on the date of the filing of the original application, the application providing fair notice and the nature of the permit sought, must be complete within forty-five (45) days of the original application filing. Applications not deemed complete within forty-five (45) days will accrue rights on the date of completeness. (e) Amendments to a Project or Permit. Chapter 245 rights after a project or permit is modified shall be determined in accordance with section 35-715. (Ord. No. 2014-08-14-0581, § 4, 8-14-14)

San Antonio Unified Development Code § 35-411 Reserved.

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=ARTIVPR_DIV1GEFetched: 10/27/2026