San Antonio zoning question

[Jim Robertson]

I purchased a single family home with a back house and was renting it out as 2 units. Front house 3/2 and back house 1/1. I received a letter from the city stating that the property is not zoned multi-unit and the units need to be reconfigured for single-family use. Any advice on getting the property re-zoned? Has anyone gone through a zoning change?

I could rent the property as a single unit 4/3 but the numbers are better splitting it into 2 units. 

[Seth Teel]

Thanks @Rick Pozos

@Jim Robertson - Always check zoning before buying.  Your agent or wholesaler, etc. should have advised you of the proper zoning.  DO NOT USE the Bexar County Appraisal District (BCAD) as your source for zoning, use, and/or class.  They aren't the determining entity, and their information is deemed reliable, but not guaranteed accurate.  

You can check zoning on any property in the City of San Antonio using this link: https://qagis.sanantonio.gov/pds/onestop/index.htm....  

Now on to fixing your situation.  The city adopted a new Unified Development Code (UDC) in 2001.  This adoption applied new zoning classes to all existing property within the City of San Antonio.  I understand their reasoning for doing so, but it has been an annoyance for investors, developers, and a ton of homeowners that now have "non-conforming" properties. 

If you can prove your home had the accessory dwelling unit (ADU) prior to the 2001 adoption of the new UDC, you can be "grandfathered" in.  Having a second meter on the property also helps, but is not necessary.  

If you can't prove that the ADU existed as living space prior to 2001, you can apply through the Board of Adjustment (full disclosure: I am a board member), for either a variance or a special exception to allow the ADU.  Alternatively, you can apply for a zoning change.  I recommend contacting CoSA Development Services Land Development/Zoning to discuss which is your best option.  Typically, a variance is an easier process than a zoning change.  Also, you may want to contact the neighborhood association to garner support for your case.  Often, NAs come out against changes if they haven't been consulted prior to the hearing. 

Best of luck.  Reach out if you have any questions.  I only know enough to be dangerous.