The Kaufman Group

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Experienced Professionals in Land Use Law Economic Development and Government Relations

210.227.2000

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LAND USE LAW IN SAN ANTONIO

The Kaufman Group team has experience with all of the following issues related to development and land use:

ZONING

We assist our clients with every stage of the zoning process whether they are redeveloping an existing project or constructing a new development. San Antonio and the surrounding municipalities have a variety of zoning classifications. We assist with verifying a property’s zoning classification, rezoning property to another classification if necessary, and amending land use classifications in various municipal planning documents. Throughout the process we meet with elected and appointed municipal officials and municipal staff. Rezoning is a statutorily created process that requires an application, public notifications and hearings by various municipal commissions and city councils. We assist clients with all aspects of rezoning requests, including preparing applications, community outreach and public hearings.

ANNEXATION

Annexation is the process for a city to extend its limits to include new areas. Annexation allows a city to regulate uses, density, and developable area. Our firm represents clients in securing voluntary annexations, negotiating development and non-annexation agreements, securing appropriate zoning upon annexation, establishing use rights and opposing annexation.

VARIANCES

Some projects cannot be developed in strict compliance with particular zoning or platting requirements. These projects require variances. Variances may be administrative or require approval by a board or commission, such as the Board of Adjustment and Planning Commission. We help our clients determine if a variance is required, and if so, we work with the appropriate city or county staff and/or decision-making body. The preparation of a variance request requires a legal analysis and preparation of materials justifying such variance under the law. The City of San Antonio prohibits the sale of alcohol near churches, hospitals and schools. We can assist clients in obtaining variances from this prohibition.

VESTED RIGHTS

Texas law allows a developer to complete a project under the regulations that were in effect when the project was originally initiated. A local government cannot change rules in the middle of a project. This general rule is subject to a number of exceptions, and the rights may be lost if the developer is not making progress towards the completion of the project. Our firm will analyze a project to determine if such rights were established, and if so, are such rights still in effect. We will prepare materials to submit to the governmental entity and work with that entity’s staff and attorneys to secure recognition of vested rights.

HISTORIC PRESERVATION

We are very successful in helping clients navigate the historic regulations, historic designation process, design review, and historic rehabilitation tax incentives. Our services include:
• Reviewing incentives for the development or redevelopment of historic properties
• Explaining the applicability of historic regulations to your particular project
• Working to incorporate historic structures into new development
We also have experience removing properties from protective zoning overlay districts that may be zoned inappropriately, as well as in opposing historic designation on properties or structures that are not historic.

NON-CONFORMING RIGHTS

Cities have the right to regulate land use through zoning. When municipal zoning codes change or a municipality annexes an area, a use or structure that was legal at the time it started may become non-conforming. Our team regularly assists property owners and developers in establishing the right to continue such non-conforming uses, as well as potentially vesting a development from new regulations.

PERMITTING

We assist clients in obtaining proper permitting from the City of San Antonio in all aspects of the development process. We assist with all types of permitting from demolition and tree permits, to sign permits and certificates of occupancy.
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