Buying a Property in San Antonio - Zoning Issue

[Ian Donovan]

Hello,

My name is Ian Donovan and I am a beginning investor looking to purchase my first investment property in San Antonio, TX. I found a great multifamily property that gets the numbers I was looking for in terms of income/expenses - however, the multifamily property is currently zoned as R-5. Looking this up, I found that this zoning is indicative of single family dwelling. Since I've already made an offer on the home, do I need to buy the home first and then change the zoning or is this something I ask the seller to do? Is it even necessary to change the zoning? Thanks in advance for any and all help!

[Seth Teel]

@Ian Donovan Where did you get the info on the zoning?  If it was from Bexar County Appraisal District (BCAD), it may not be accurate.  They are the taxing entity, no the zoning authority.  The City (not the county) controls the zoning.   You can check the zoning here (https://qagis.sanantonio.gov/pds/onestop/index.htm...) or call the City Dept. of Land Development (https://www.sanantonio.gov/DSD/Constructing/Land).  

If the property was used a multi-family prior to 2001, then it is likely "grandfathered" in.  In 2001 the City of San Antonio adopted the new Unified Development Code (UDC). This is when they applied new blanketed zoning designations to thousands of existing properties, making many of them "non-conforming" to their new zoning designation.  

If the property was converted to multi-family after to adoption of the new UDC, you can request a variance/special exception via the Board of Adjustment or you can request a zoning change, which goes through the Zoning Board and ultimately has to be voted on by the City Council.  

Contact the City and they can help you determine your best course of action.  If you're in SA or have time to get down here, you may get better/quicker results going to the Development Services Building (1901 S. Alamo).  

Last piece of advice, if you have to go through a re-zone or variance process, reach out to the local neighborhood associations and/or adjacent property owners to garner support.  NAs and neighbors can railroad the best-laid plans.

Good luck.