Code Exceptions & Appeals

Code Options & Modifications

Our mission is to partner with our community to build and maintain a safer San Antonio. We recognize that at times the design or ideas for your project may have challenges in complying with or may not be addressed by the City's adopted building codes or the Unified Development Code (UDC). Our goal is to work with you to help resolve any development issues that may arise.

We offer a range of code options as applicable to the code requirements. These options include:

Code interpretations
The option to seek an administrative exception to the UDC
Code modification requests to the building codes

Depending on your project and type of required modifications, you may also have the option to:

Apply for a variance.
Appeal a decision made by the department.

There are boards or commissions established to hear applicable variances and appeals. The following section will help guide you on what options are available to you.

Code Interpretations

As a starting point, the Development Services Department has a formal Code Interpretation Request process to allow the owner and/or owner's agent to obtain a formal interpretation of any provision of the City's building construction codes. These include the following codes:

Building
Existing Building
Fire
Residential
Energy Conservation
Mechanical
Electrical
Plumbing

The purpose of formal code interpretations is to clarify issues which may not be addressed directly by the literal text of the adopted code or that are interpretive in nature. Formal interpretations are intended to be general in nature and not specific to only one project.

If you are seeking an existing interpretation, search our code interpretations to check if your question has already been addressed:

Code Interpretations

See IB 115 - Code Interpretation Requests (PDF) for how to request a code interpretation.

Exception & Appeal Processes

Administrative Exceptions

The Administrative Exceptions provide applicants the opportunity to seek administrative reprieve from the City's UDC.

Through this process, the City is attempting to administratively resolve development regulation issues before a variance from the Board of Adjustment or Planning Commission becomes necessary. These issues may include:

subdivision
tree preservation
landscaping
traffic
other development regulations

This process has been introduced to help expedite and evaluate your requests in a consistent and timely manner throughout Development Services. Administrative Exceptions are approved by the Director of Development Services and cannot be granted for exceptions to the zoning regulations.

After administrative review, all decisions are made in writing and the applicant will receive a copy of the ruling. The application and the City's final administrative decision are officially recorded with the department.

Should your Administrative Exception request be denied you have the option to request a variance from the Planning Commission or the Board of Adjustment. For information regarding an Administrative Exception, refer to Information Bulletin 124 (PDF).

Code Modification Requests

Development Services and the Fire Department developed a formal Code Modification Request process to allow applicants to apply for an alternative material, design, and/or method of construction or other modification to any provision of the City's building construction codes.

When submitting a Code Modification Request, applicants are required to show that the spirit, intent, and minimum acceptable level of public health, welfare and safety are observed per the applicant code.

Should your Code Modification Request be denied you have the option to appeal the Director's decision to the Building-Related and Fire Codes and Appeals and Advisory Board.

This process has been introduced to help expedite and evaluate your requests in a timely manner. See IB 114: Code Modification Request Procedures (PDF) for more information.

Variances

The UDC recognizes that property owners may have design challenges that do not comply with its zoning and platting requirements.

Board of Adjustment (BOA): Hears all zoning related requests for variances.
Planning Commission: Hears requests for variances relating to platting.

BOA Variances & Special Exceptions

The BOA hears cases where a property owner believes that a strict interpretation of a zoning regulation creates an unnecessary and/or unique physical hardship. Property owners can apply to the BOA for a variance or special exception.

With a Variance, the Board grants permission to deviate from the Zoning Ordinance allowing a project to proceed. A request for a Variance application along with supporting documents is submitted to Development Services' Zoning Section.

There are times where a proposed project may be eligible for a special exception from sections of the UDC. These requests also require a Board of Adjustment hearing. The following are considered typical residential Special Exceptions:

If you do not see your situation listed above as a special exception, please contact the Development Services Call Center at 210-207-1111 to inquire about other options.

Planning Commission Variances

The Planning Commission hears cases where a property owner believes that a strict interpretation of a development regulation creates an unnecessary and/or unique physical hardship. Property owners can apply to the Planning Commission for a variance. With a variance, the Commission grants permission to deviate from development regulations allowing a project to proceed. A request for a Variance application along with supporting documents is submitted to Development Services' Land Entitlement Section.

Application Process

Once all documentation and fees are received by our department, a Case Manager will be assigned to your application. The Case Manager will be your primary point of contact throughout the process.

Your application will be routed to the appropriate staff and a public hearing will be conducted. Review the BOA Meeting Schedule (PDF) and Planning Commission Meeting Schedule (PDF) for application deadlines.

The BOA will make a final determination at the public hearing. All final determinations are issued in writing which must be included with your project submittal.

Forms & Applications

Appeals

Our goal is to work with property owners and licensed contractors to resolve situations that may arise. We highly encourage that you first work with the department to see if a resolution or compromise can be achieved through an established process.

Contact information for Development Services' senior staff is available in the organizational chart on Divisions.

There are times when you may feel a staff decision requires further review by a board. Development Services recognizes that we might not always agree on our interpretation of the City's adopted building codes and the UDC. As such, you may have a right to appeal our decisions. The City has several boards that, as applicable, can hear your appeals:

Hears appeals of decisions related to the City's adopted building codes.

Find more information about the application processfor the BRFCAAB.

Board of Adjustment

Hears appeals of decisions related to the City's UDC.

Planning Commission