Sunday, April 11, 2010

Do I need a permit?

Clients that lease space from me often ask whether or not they need a permit. I'm not a permit expert, but my understanding in general is that for most cosmetic work (which could include paint, carpet, non-structural partition walls, etc.) that you don't always need a permit, and for anything that has to do with electric, plumbing, mechanical (HVAC/ Air conditioning) that you do need a permit.

However, even if you think you don't need a permit, here are a few things to consider:

1. Getting a permit on a small job is not actually that big of a deal. You will probably pay less than $100 at the Development Services Office at 1901 S. Alamo. It is a bigger deal for a bigger job, but if you are doing a major finish out job you really need to get a permit anyway.

2. The job may be bigger than you think. You may think that you are just putting up a partition wall to enclose an office, but as you get into it you realize that to make the office functional you need electric outlets in the wall, an air conditioning vent in this enclosed space, new lighting, etc. What started off as a simple thing just got more complicated.

3. Permits and Plans can actually be useful. Your cousin's friend that does construction on the side may cost you time and money. I've seen a business that spent a lot of money on labor and materials finishing out a space, only to find out that the workers they used were used to residential construction, and didn't do what they needed to do for this commercial space. They were using wooden studs and running electric without putting it in conduit. Bottom line, when they went to get their Certificate of Occupancy (C of O) they had to rip it all out and start over.

Or the plumber that put a fitting on backwards, which would have eventually failed and leaked. The inspector caught it and caused a two day delay while the plumber fixed it, but imagine what the cost would have been if he filled in the slab and covered it up, and three months later you have to shut down your business because there is water seeping up from the floor, sewage backed up, and you have to rip up the entire floor trying to figure out where the leak is.

Unfortunately there are plenty of construction people that take short cuts or just aren't expert enough to do it right, and if you aren't careful you will end up re-doing it later.

If you are considering going into a space, one thing you might find out is what the last business was in that space. If your business is considered a "change of use" then there are other requirements that you may face.

This doesn't really apply if you are an office user in an office building, but is very important if you are going from general retail (an art gallery for example) to a restaurant or bar use that has more stringent requirements.

Finding out all of the requirements in advance will save you time and money.

Examples of Permitted Uses in Zoning Districts

This is from the City website and gives an overview of the different zoning districts:


CITY OF SAN ANTONIO
EXAMPLES OF USES PERMITTED IN ZONING DISTRICTS

This document is provided as a courtesy and shall not constitute zoning regulations or establish permitted uses. Permitted uses should be verified with the Unified Development Code.

Answers to Commonly Asked Questions:

1) Churches are allowed in ALL zoning districts and are subject to each district’s development standards; and
2) The sale of alcohol for on-premise consumption is allowed at restaurants in all permitted base zoning districts, except those including an “R” or “NA”
designation.

BASE ZONING DISTRICTS

RP Resource Protection District (Sec. 35-310.02)
Protects and preserves valuable agricultural areas, implements agricultural and natural resource protection; requires a minimum of 10 acres. Agricultural
operations and natural resource industries, single-family dwelling, farming and truck garden, nursery (1 acre minimum), public and private schools, transit transfer
center and bus stops.

RE Residential Estate District (Sec. 35-310.03)
Single-family dwelling (detached) with a minimum lot size of one acre (43,560 square feet) and a minimum lot width of 120 feet, accessory dwelling, nursery (1
acre minimum), public and private schools.

R-20 Residential Single-Family District (Sec. 35-310.04)
Single-family dwelling (detached) with a minimum lot size of 20,000 square feet and a minimum lot width of 90 feet, accessory dwelling, foster family home,
nursery (1 acre minimum), public and private schools.

R-6 Residential Single-Family District (Sec. 35-310.05)
Single-family dwelling (detached) with a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet, foster family home, nursery (1 acre minimum),
public and private schools.

RM-6 Residential Mixed District (Sec. 35-310.06)
Single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-lot line dwelling,
accessory dwelling, with a minimum lot size of 6,000 square feet (per dwelling unit) and a minimum lot width of 15 feet, foster family home, public and private
schools.

R-5 Residential Single-Family District (Sec. 35-310.05)
Single-family dwelling (detached) with a minimum lot size of 5,000 square feet and a minimum lot width of 45 feet, foster family home, nursery (1 acre minimum),
public and private schools.

RM-5 Residential Mixed District (Sec. 35-310.06)
Single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-lot line dwelling,
accessory dwelling, with a minimum lot size of 5,000 square feet (per dwelling unit) and a minimum lot width of 15 feet, public and private schools.

R-4 Residential Single-Family District (Sec. 35-310.05)
Single-family dwelling (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, foster family home, nursery (1 acre minimum),
public and private schools.

RM-4 Residential Mixed District (Sec. 35-310.06)
Single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-lot line dwelling,
accessory dwelling, with a minimum lot size of 4,000 square feet (per dwelling unit) and a minimum lot width of 15 feet, public and private schools.

R-3 Single-Family Residential District (Sec. 35-310.05a)
Single-family dwelling with a minimum lot size of 3,000 square feet and a minimum lot width of 20 feet, designed to provide options for developing dwelling units
for specialized housing markets such as affordable housing, starter homes, and empty nester homes.

MF-18 Multi-Family District (Sec. 35-310.07)
Multi-family dwelling, single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-
lot line dwelling, with a maximum density of 18 units per acre, assisted living home, skilled nursing facility, foster family home, public and private schools.

MF-25 Multi-Family District (Sec. 35-310.07)
Any uses permitted plus in MF-18 plus college fraternity dwelling, off-campus school dormitory/housing, but with a maximum density of 25 units per acre.

MF-33 Multi-Family District (Sec. 35-310.07)
Any uses permitted in MF-25 but with a maximum density of 33 units per acre.

MF-40 Multi-Family District (Sec. 35-310.07)
Any uses permitted in MF-25 but with a maximum density of 40 units per acre.

MF-50 Multi-Family District (Sec. 35-310.07)
Any uses permitted in MF-25 but with a maximum density of 50 units per acre.

NC Neighborhood Commercial District (Sec. 35-310.08)
Provides small areas for offices, professional services, service and storefront retail uses; all designed in scale with surrounding residential development. Building
size is limited to 3,000 square feet. Examples of permitted uses: pet grooming, fitness/health club, antique store, apparel and accessory store, bookstore, bakery,
florist, gift shop, offices, catering services, music store, convenience store, and restaurant.

O-1 Office District (Sec. 35-310.09)
Small and medium office uses, banks, worship facilities, public and private school, employment agency, library, medical clinic, optician, interior decorator studio.
Maximum building size is 10,000 square feet for individual buildings. Outdoor display or sale of merchandise is prohibited.

O-1.5 Office District (Sec. 35-310.09)
Any uses permitted in O-1 but with an unlimited building size and a maximum height of 60 feet or 5 stories. Outdoor display or sale of merchandise is prohibited.

O-2 Office District (Sec. 35-310.09)
O-2 districts provide for the establishment of low to high-rise office buildings. Examples of permitted uses include offices, parks, and schools. Other uses listed as
“permitted” in the UDC Nonresidential Use Matrix are only allowed as accessory uses to a primary and principal office use. A minimum 65 foot buffer zoned NC, C-1 or O-1 shall be provided when abutting residential uses or zoning. Outdoor display or sale of merchandise is prohibited.

C-1 Light Commercial District (Sec. 35-310.10)
C-1 districts accommodate neighborhood commercial uses which depend on a greater volume of vehicular traffic than an NC district. C-1 uses are considered
appropriate buffers between residential uses and C-2 and C-3 districts and uses. Building size is limited to 5,000 square feet. Examples of permitted uses: arcade,
boarding house, noncommercial athletic field, retail furniture sales, grocery store (limited to 3,000 square feet), nursery (retail – no growing of plants on site
permitted), retail office equipment and supply, and retail rug or carpet sales. No outdoor storage or display of goods shall be permitted except for outdoor dining.

C-2 Commercial District (Sec. 35-310.10)
C-2 districts accommodate community commercial uses, with unlimited building size. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair (sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks, dry cleaning, and pawn shop . No outdoor storage or display of goods shall be permitted except for outdoor dining

C-2NA Commercial District, Nonalcoholic Sales (Sec. 35-310.10(d))
C-2NA districts are identical to C-2 districts except that the sale of alcoholic beverages is prohibited.

C-2P Commercial District, Pedestrian (Sec. 35-310.10(b)(2))
C-2P districts are identical to C-2 districts except that there is a 35 foot maximum front setback, rear parking requirements, and additional window requirements.

C-3 General Commercial District (Sec. 35-310.10)
C-3 districts are intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 zoning districts. C-3 uses are typically characterized as regional shopping centers, power centers, and/or assembly of similar uses into a single complex. Examples of permitted uses: bar/tavern & nightclub, amusement/theme parks, dance hall, movie theater (more than 2 screens), auto repair, auto sales, auto glass sales (installation permitted), auto muffler (sales and installation only), hotel, bookbinder, dry cleaning or laundry plant, indoor flea market, home improvement center, body piercing/massage/tattoo parlor. No outdoor storage is permitted. Outdoor operations and display shall be permitted in areas which are screened as provided in 35-510 of the Unified Development Code.

C-3R Commercial District, Restrictive Alcoholic Sales (Sec. 35-310.10(d))
C-3R districts are identical to C-3 districts except that the sale of alcoholic beverages for on-premises consumption is prohibited.

C-3NA Commercial District, Nonalcoholic Sales (Sec. 35-310.10(d))
C-3NA districts are identical to C-3 districts except that the sale of alcoholic beverages is prohibited.

D Downtown District (Sec. 35-310.11)
This zone provides concentrated downtown retail, service, office and mixed uses in the existing central business district. Examples of permitted uses: bar/tavern,
indoor theater, taxi & limousine service, residential uses (single-family through 50 dwelling units per gross acre), hotel/motel, art gallery and/or studio, offices (no
restrictions on square footage unless otherwise prescribed), and telephone equipment infrastructure.

L Light Industrial District (Sec. 35-310.12)
The light industrial district provides for a mix of light manufacturing uses, office park, flex-space with limited retail and service uses that serve the industrial
development in the zone. Examples of permitted uses: auto sales & repair, wrecker services, cabinet/carpenter shop, can recycle collection station (no shredding),
lumber yard and building materials, mobile vending base operations, machine shop, equipment & event rentals, tree service, moving company.

I-1 General Industrial District (Sec. 35-310.13)
The general industrial district accommodates areas of heavy and concentrated fabrication and manufacturing and industrial uses which are suitable based on the
character of adjacent development. Examples of permitted uses: auto & light truck auction, truck stop, abrasives manufacturing, food & drug manufacturing, sand & gravel storage & sales, screened outdoor storage, outdoor flea market, manufactured homes/oversized vehicles sales, service and storage.

I-2 Heavy Industrial District (Sec. 35-310.14)
The heavy industrial district allows uses that are highly hazardous, environmentally severe in character and/or generate very high volumes of truck traffic. The district was established in order to provide sites for activities which involve major transportation terminals and manufacturing facilities that have a greater impact on
the surrounding area than industries found in the L or I-1 districts. Examples of permitted uses: acetylene gas manufacturing & storage, asphalt products manufacturing, boiler & tank works, chemical process clothing manufacturing, grain drying & milling, petro-chemical bulk storage.


OVERLAY DISTRICTS (Sec. 35-330)

AHOD Airport Hazard Overlay District (Sec. 35-331)
Overlay district that imposes height restriction near the San Antonio International Airport, Stinson Municipal Airport, Kelly Air Force Base and Randolph Air Force
Base.

ERZD Edwards Recharge Zone District (Sec. 35-332)
Overlay district that restricts certain uses located over the Edwards Aquifer recharge zone.

H Historic Districts and Landmarks (Sec. 35-333)
These are areas in which the cultural or archaeological identity, architectural features, or overall character are considered historically significant. Historic Districts often contain one or more buildings, objects, sites, or structures designated as significant or exceptional historic landmarks.

HS Historic Significant Districts (Sec. 35-333)
Historic Significant Landmarks are those considered to be important and their demolition would mean a serious loss to the character of the city.

HE Historic Exceptional Districts (Sec. 35-333)
Historic Exceptional Landmarks are those considered most unique in terms of historic, cultural, archeological significance. Demolition would mean an irreplaceable
loss to the quality and character of the city.

MAOZ Military Airport Overlay Zones (Sec. 35-334)
Overlay district that imposes restrictions on uses surrounding the military airports in order to promote the public health, safety, and general welfare of the
inhabitants of military airport environs and to prevent the impairment of military airfields and the public investment therein.

NCD Neighborhood Conservation District (Sect. 35-335)
Overlay district designed to protect residential neighborhoods or commercial districts that are worthy of preservation and protection, but which may lack sufficient historical, architectural or cultural significance to be designated as historic districts at the present time.

UCD Utility Conversion District (Sec. 35-336)
Overlay district that modifies public utility corridors to allow customers to receive utility services from underground, relocated or redesigned distribution systems to
provide a safer environment for the public.

VP Viewshed Protection Districts (Sec. 35-337)
Overlay district that imposes regulations to protect, preserve and enhance the views and vistas of historic places, landmark buildings, and other sites of cultural
importance.

RIO 1-6 River Improvement Overlay District (Sec. 35-338)
Overlay districts that impose regulations to protect, preserve and enhance the San Antonio River and its improvements by establishing design standards and guidelines for properties located near the river.

GC Corridor Districts (Sec. 35-339.01)
Overlay districts that impose regulations to preserve, enhance, and perpetuate the value of the roadway corridors.

EP Facility Parking/Traffic Control Districts (Sec. 35-339.02)
Overlay district to regulate parking of vehicles in areas not properly zoned or permitted for commercial parking.

IH (NHS) National Highway System High Priority Corridor Districts (Sec. 35-339.03)
Overlay district that imposes regulations to preserve, enhance, and perpetuate the value of Interstate Highways.

MLOD Military Lighting Overlay District (Sec. 35-339.04)
Overlay district that establishes regulations for outdoor lighting impacting military operations within five (5) miles of the perimeter of Camp Bullis/Camp Stanley,
Randolph Air Force Base, and Lackland Air Force Base.



SPECIAL DISTRICTS (Sec. 35-340)

MXD Mixed Use Districts (Sec. 35-341)
To provide a concentrated mix of residential, retail, service, and office uses.

TOD Transit Oriented Development District (Sec. 35-342)
Encourages a mix of residential and commercial uses and employment opportunities with identified light-rail stations or other high-capacity transit areas.

IDZ Infill Development Zone (Sec. 35-343)
To provide flexible standards for the development and reuse of underutilized parcels within a qualifying area of the city.

PUD Planned Unit Development District (Sec. 35-344)
To provide flexibility in the planning and construction of development projects by allowing a combination of uses developed in accordance with an approved plan
that protects adjacent properties.

MPCD Master Planned Community Districts (Sec. 35-345)
To encourage the development of areas of mixed uses that are internally compatible in an effort to achieve well designed development and provide a more efficient arrangement of land uses, building and circulation systems.

G Golf Course District (Sec. 35-346)
To achieve compatibility with adjacent uses. Allows public and private golf courses with accessory uses, parks, and Conservation Subdivisions.

BP Business Park District (Sec. 35-347)
May be located adjacent to any Freeway, Arterial, Principal Arterial or non-residential Collector Street and allows office or institutional campus style development.

ED Entertainment District (Sec. 35-348)
Must have within its boundaries as a primary use a theme park or destination resort that is developed as a regional tourist entertainment facility.

SGD Sand and Gravel District (Sec. 35-349)
Permits the operation of a sand or gravel extraction operation where soil, sand, gravel, and clay may be removed for commercial use on or off the property, as well
as those additional uses specifically noted in the UDC, such as concrete and asphalt production (with City Council approval required within the ERZD) and other
uses.

QD Quarry District (Sec. 35-350)
Allows for a quarry and related uses for the extraction of limestone and other raw materials and the processing of those materials into finished projects.

MR Military Reservation District (Sec. 35-351)
These districts are used to designate federal and state military reservations within the city limits of San Antonio. In accordance with Vernon’s Texas Codes
Annotated, Local Government Code Section 211.013, the city’s zoning regulations do not apply to buildings, other structures, or land under the control,
administration, or jurisdiction of a state or federal agency and uses within these districts are regulated solely by the responsible federal or state agency.

DR Development Reserve (Sec. 35-352)
Temporary zoning classification for newly-annexed property.

NP-8 Neighborhood Preservation District (Sec. 35-353)
Designed to protect existing platted subdivisions which are substantially developed with single-family detached dwelling units. (8,000 sq. ft. minimum lot size)

NP-10 Neighborhood Preservation District (Sec. 35-353)
Designed to protect existing platted subdivisions which are substantially developed with single-family detached dwelling units. (10,000 sq. ft. minimum lot size)

NP-15 Neighborhood Preservation District (Sec. 35-353)
Designed to protect existing platted subdivisions which are substantially developed with single-family detached dwelling units. (15,000 sq. ft. minimum lot size)

MH Manufactured Housing District (Sec. 35-354)
To provide suitable locations for individual HUD-code manufactured homes on individual lots.

MHC Manufactured Housing Conventional District (Sec. 35-355)
To provide suitable locations for HUD-code manufactured homes in manufactured housing conventional subdivisions.

MHP Manufactured Housing Park District (Sec. 35-356)
To provide suitable locations for HUD-code manufactured homes in manufactured home parks.

FBZD Form Base Zoning District (Sec. 35-357)
District encourages a sustainable pattern of development by concentrating growth in hamlets, villages and regional centers while preserving and protecting prime
agricultural land, environmentally sensitive areas, important natural features and open space.

AE 1-4 Arts and Entertainment District (Sec. 35-358)
To encourage development patterns that support existing arts and entertainment venues while promoting the creation of additional venues and supporting uses.



FLEX ZONING DISTRICTS

UD Urban Development District (35-310.15)
Encourages the development of a land use pattern that encourages compact neighborhoods and centralized commercial areas that promote a sense of community, and are pedestrian and transit friendly.

RD Rural Development District (35-310.16)
Encourages the development of a land use pattern that reflects rural living characteristics by encouraging low density, single family residential land use patterns with limited commercial uses placed in a manner that conserves open land.

FR Farm and Ranch District (35-310.17)
To preserve rural character and culture by implementing larger minimum lot sizes and by prohibiting incompatible land uses and providing areas for agricultural
operations and natural resource industries.

MI-1 Mixed Light Industrial (35-310.18)
Encourages the development of mixed agricultural, commercial and light industrial uses that are internally compatible, in an effort to achieve well designed
development and provide a more efficient arrangement of land uses, building, and circulation systems.

MI-2 Mixed Heavy Industrial (35-310.19)
Encourages the development of commercial, light and heavy industrial uses that are internally compatible in an effort to achieve a well designed development and
provide a more efficient arrangement of land uses, building, and circulation systems.



Source: Unified Development Code

Planning and Development Services Department
1901 South Alamo Street
Cliff Morton Development and Business Services Center
San Antonio, TX 78283-3966
(210) 207-1111

Last updated 7/21/2009
For most recent updates, check http://www.sanantonio.gov/dsd/zoning.asp

How to find out Property Zoning in San Antonio

In the previous post, I started to discuss some information on zoning codes for San Antonio. So, how do you find out what a property is zoned?

In San Antonio, start by looking at the San Antonio Mapping website. This has a lot of information, but isn't exactly intuitive to use.

When you go there, click "Accept" to accept the disclaimers and enter the site.

Then, click the little mailbox icon to enter an address, and click locate. If the site is working correctly, it will zoom into a visual map showing your site, and the surrounding parcels. It is color coded for commercial and residential uses, and should show the zoning and any relevant overlay districts.

If zoning is critical to you, I always suggest that you verify with the Development Services office. You lender may require it anyway, if you are buying a new property. Here's a link to get a Zoning Verification Letter.

Tuesday, April 6, 2010

Zoning

I get a lot of questions about zoning, which isn't too surprising because Zoning in San Antonio can be confusing and sometimes seem arbitrary.

There used to be zoning that rated uses by their intensity, and more intense uses (heavy manufacturing, tattoo shops, smelting plants, etc.) could only go in the higher zoning classifications, while uses with lower intensity (residential, professional office, etc.) could go in any category that allowed a higher-intensity use.

That has changed, and new codes offer specific uses that can go in specific places. Some codes, like "D" for Downtown allow for mixed uses such as office, hotel, restaurant, bar, condo or apartment towers, and more (though generally not industrial uses).

The City code defines everything from Bars (allowed in D, C3, and L) to Wholesale Tamale preparation (D, C3, L, I-1) and everything in between. If I can figure out how to post the entire zoning matrix here I will.

In addition to the base code, there are also overlays for a number of different thing, including the Edwards Aquifer Recharge Zone (ERZD), which limits uses that might contaminate our drinking water, to the RIO Overlay zone, surrounding the San Antonio river, and the AHOD Airport Zone, which limits uses and building heights around the airport. IDZ is infill development zone, which is an overlay that can provide some flexibility in building codes in certain areas around downtown.

You may also see historic zoning designation that doesn't typically affect use, but affects your ability to alter the structure.

Property zoning can be changed, but it can be a challenge depending on where it is and what you want to change it to. If you want to make a change that conflicts with a neighborhood's master plan or you think might bring out the neighbors to complain, your chances may be slim. I'll do another post sometime about this process.

Finally, there are a lot of municipalities in the Greater San Antonio area besides San Antonio. You can be driving along 410 and pass through cities like Balcones Heights or Castle Hills. Other municipalities include Olmos Park, Alamo Heights, and Terrell Hills. Each of these have their own zoning codes that is different from the City of San Antonio. If you are looking at a City of San Antonio zoning map and you are trying to figure out what OCL zoning is, that means "Out of City Limits". That means you'll need to check with that specific municipality for more info. These cities are smaller with fewer staff people, so it can often be easier to get a decision made or talk to the right person. On the other hand, they can sometimes be less flexible since any individual project will have a bigger impact on that little community than a similar project would have on San Antonio.

Setting up an entity

If you are starting a new business, one of the first things you may consider doing is setting up a business entity, such as a corporation. There are lots of resources online about which entity may be best for your business. Here's one I read recently online that is pretty good, although geared more toward technology companies that may be seeking venture capital funding.

In general, if you are starting a business with a partner of investor, you should definitely consider setting up a formal entity like an LLC or Corporation in order to clearly define ownership and terms in advance. A business attorney can help, although there are also lots of do-it-yourself tools online. If you set up an account with the Texas Secretary of State you can register an LLC in about 15 minutes for around $300. You can then apply for a Federal Tax ID# with the IRS here for free.

Just registering with the State is one step, but that doesn't mean that you don't also need good operating documents defining roles, ownership percentages, rights and responsibilities, etc.

If you are just doing business by yourself, and it isn't a high-risk or high-liability venture, you may just want to keep things simple and operate as a sole-proprietorship. You can still have a business name, like "Smith Interior Design", if you register your assumed name with the County. More information is available at the Bexar County Clerk's website, but you have to go in person downtown.

Downtown they have a newer form for Assumed Names that hasn't (at last check) been updated online, so don't bother printing and filling out the assumed name form online beforehand, just go and do it there. Fee is about $10-15 cash, plus $3-5 notary fee (notary is available there). You should check online to make sure that your name isn't taken, though. Or, at least have a few back up names just in case.

As a sole proprietorship, you report your business income on your personal tax return, and have very minimal fees for the business.

Overall, just keep in mind that you want your entity to serve you, not the other way around.

Welcome

Welcome to Doing Business in San Antonio. This blog will address a lot of issues that come up in my work as a commercial real estate broker, and hopefully will be useful to entrepreneurs and business people working in the San Antonio area.

I'll say it here (and probably again) but any tax, financial, or legal information provided on this blog is believed to be accurate, but may be wrong or may not be applicable to your particular situation, so consult your tax or legal advisor for more info. If you have questions, feel free to post and if I can't answer I may bring in a guest tax or legal blogger to respond.