Conditional Zoning.
San Antonio Unified Development Code § 35-422
in effectSec. 35-422. - Conditional Zoning.
STATEMENT OF PURPOSE
The conditional zoning procedure is designed to provide for a land use within an area that is not permitted by the established zoning district but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions. The granting of conditional zoning shall not be for all of the uses permitted in a given district but shall be only for the conditional use (bookkeeping office, photography studio, etc.) named in the ordinance approving the conditional zoning district.
(a) Applicability. The provisions of this section apply to any application for rezoning of a tract, parcel or land area to a conditional zoning district. Conditional zoning district may be applied as parallel districts to any of the base zoning districts.
(b) Initiation. A proceeding for approval of a conditional zoning district shall be initiated by filing an application with the director of development services. The application must meet the following minimum criteria:
(1) The application shall include a site plan that is prepared to scale. The site plan must be drawn with dimensions and a graphic scale must be provided.
(2) To provide adequate information for city council to make an informed decision on a request for a conditional zoning district, each site plan shall illustrate the following:
A. All proposed and existing driveways, sidewalks, parking areas and other infrastructure above grade showing the proposed physical layout, dimensions and other relevant characteristics.
B. The intended use of the property to which the current and proposed improvements relate.
C. The location and square footage of all proposed and existing structures.
D. The location, size and type of all fences, walls and/or retaining walls.
E. Landscaping.
(c) Completeness Review. The director of development services shall conduct a completeness review as set forth in section 35-402 of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the zoning commission.
(d) Decision.
(1) The procedure for approving a conditional zoning district boundary shall be as required for a rezoning (subsesction 35-421(d)) and as further provided herein. In approving a conditional zoning district, the city council may impose such requirements and safeguards as indicated by subsection (e)(2) below and may specifically authorize the location of uses, subject to the requirements set forth in subsection (e)(2) of this section.
(2) Procedures for protest petitions shall be as set forth in V.T.C.A. Local Government Code § 211.006(d).
(e) Criteria.
(1) Permitted Uses. Notwithstanding any provisions of this chapter to the contrary, a conditional zoning district may be permitted as provided in this section so long as the criteria for approval of a rezoning are met (see subsection 35-421(d)). A conditional use permitted in a "UD," "RD," "MI-1," or "MI-2" district shall meet all development standards of that district, including location criteria. Any use which requires a specific use authorization as set forth in Tables 311-1 and 311-2 may be permitted in a less intense zoning district (as specified in the Intensity Ranges Table 403-2) pursuant to a conditional zoning district and Table 422-1. Uses permitted by right in the districts set forth in column (A) of Table 422-1 below, may be permitted pursuant to a conditional zoning district approved within the zoning districts set forth in column (B) of Table 422-1, as follows:
Table 422-1
(A) Use authorized by right in: | (B) May be permitted pursuant to a conditional zoning district in:
RM-4, RM-5, RM-6, O-1, NC, C-1 | Any residential district
O-1, C-1, C-2, UD | NC, C-1, UD
O-1, O-1.5, O-2, C-2, C-3, UD | C-1, C-2, UD, RD
L, I-1, QD | C-2, C-3, UD, RD, MI-1
O-1, NC, C-1 | Any IDZ district with frontage on a Local Street
O-1, O-1.5, O-2, NC, C-1, C-2, C-3, L, I-1 | Any IDZ district with frontage on a Collector Street or higher classification street.
(2) Development Constraints - Generally. In considering a request for a conditional zoning district, the zoning commission shall make a recommendation to the city council with reference to the use and development conditions which insure compatibility with surrounding properties. Compatibility in the context of this provision of the UDC shall refer to the compatibility of the proposed use with surrounding uses and adjacent zoning districts and not to building character, construction material or architectural design of the structure itself unless covered by other ordinances. Development constraints that may be specified as a requirement for a conditional zoning district shall be limited to the following unless approved by the city council:
A. Range of allowable uses in accordance with Table 422-1 above.
B. Protective screening and/or buffering of property perimeter.
C. Protective screening/location of dumpsters, mechanical systems and loading docks.
D. Landscaping relative to screening, buffering and ingress/egress control and not solely for beautification purposes.
E. Lighting.
F. Height limitations.
G. Setbacks.
H. Parking (the location of parking and in some instances reduction in the amount of parking to be allowed).
I. Ingress/egress.
J. Hours of operation for conditional uses permitted in, or adjacent to, residential zoning districts.
K. Signage.
L. Performance standards relative to: mechanical operations, air pollution, noise, glare and heat, vibration, noxious odors, toxic and liquid wastes, fire and explosion, radioactivity, electromagnetic radiation, and petroleum and natural gas extraction and production.
M. Building facades, articulation and building orientation as they relate to the base zoning standards of immediately adjacent zoning districts.
(3) Development Constraints in Residential Districts. The following conditions in addition to those in subsection (e)(2) above shall apply to the operation of nonresidential conditional uses permitted within any residential district, unless otherwise approved by the city council:
A. There shall be no exterior display or sign with the exception that a nameplate, not exceeding three (3) square feet in area, may be permitted when attached to the front of the main structure.
B. No construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.
C. Business or office hours of operations shall not be permitted before 7:00 a.m. or after 6:00 p.m.
In addition, conversion of a residential structure into commercial use may impose additional city code requirements including but not limited to the building code, electric code or fire code, as applicable, based on the nature of the proposed use and occupancy classification.
(4) Variances Prohibited. A variance shall not be granted to any development constraint specified in this section or to any condition imposed by the city council.
(5) "QD." In considering a request for a conditional zoning district for "QD" zoning, the zoning commission may also recommend the application of any or all of the development constraints provided for in subsection 35-350(c) and subsection 35-350(d) of this chapter as well as require more stringent adverse effects control than is required by section 16-405 of the City Code.
(f) Subsequent Applications. The provisions of subsection 35-421(f) shall apply to this section provided, however, that they shall apply only to an application requesting the same use as the original application.
(g) Amendments. After city council approval of the conditional use, the director may approve up to three (3) amendments to the conditional zoning site plan in accordance with the minor amendment criteria established in section 35-403(d)(1) except as otherwise provided below:
(1) New or Different Uses. An amendment to a conditional zoning district to authorize a new or different use shall require a new application for a rezoning to a conditional zoning district and shall be processed as set forth in subsections (b) through (e) of this section.
(2) Expansion. Expansion of the building area, land area or intensity of the conditional zoning district for a property granted conditional zoning shall not be allowed unless so authorized by the city council after consideration of an application for a new conditional zoning district and payment of appropriate fees.
Further a minor amendment shall only be approved where:
(1) No more than two (2) minor modifications have previously been granted pursuant to this subsection;
(2) Nothing in the currently valid conditional zoning precludes or otherwise limits such modification; and
(3) The proposal conforms to the provisions of article V and is in keeping with the spirit and intent of any adopted comprehensive plan.
The applicant for a minor amendment shall submit a site plan that is consistent with the requirements of 35-422(b)(2) for conditional uses. The submittal shall include the site plan approved with the original application and a revised copy with annotation of the requested changes. The revised site plan shall be prepared to scale and shall include a block for a signature by the property owner and the development services director to indicate acceptance of the revised site plan and, if applicable, shall include appropriate signature and seals of the design professional (i.e. architect, engineer, surveyor) that prepared the site plan. The site plan shall be processed only upon payment of the plan amendment fee indicated in 35-C103. In accordance with section 35-402(c)(3), the development services department will conduct completeness review within five (5) working days of submittal. After the five-day completeness review process, the site plan will undergo a technical review by staff not to exceed thirty-five (35) days.
(h) Scope of Approval.
(1) Compliance with Development Constraints. The city council may grant a conditional zoning district subject to such development constraints the city council deems necessary to protect the public health, safety or welfare and as limited by subsections (e)(2) and (e)(3) above. The city council may specify that compliance with certain conditions must be achieved prior to the issuance of a certificate of occupancy. Violation of any condition, subsequent to the issuance of a certificate of occupancy, may result in initiation of a rezoning of the property to its base zoning district and judicial and/or administrative action by the city.
(2) A conditional zoning district shall run with the land until such time that the zoning is changed.
(3) Base Zoning District Regulations Apply. The granting of a conditional zoning district does not affect uses permitted by right in other areas of the zoning district, but does not permit the applicant to use the subject property for uses other than those requested in the application for a conditional zoning district. The granting of a conditional zoning district does not waive the regulations of the underlying zoning district.
(i) Recording Procedures. A conditional zoning district shall be recorded in the same manner as a rezoning, subject to the additional requirements specified herein. The conditional zoning district shall be indicated by the symbols CD following the zoning district designation; e.g. "O-2" (CD-permitted use).
(Ord. No. 95326 § 6) (Ord. No. 96564 § 2) (Ord No. 98697 § 3 and 6) (Ord No. 99555 § 8) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077, § 2, 12-17-15)
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_DIV3ZOPR_S35-422COZOFetched: 10/27/2026