Lubbock City Zoning Code
ARTICLE 39
01 GENERAL PROVISIONS
§ 39.01.001 Title.
a.
Title.
This document is known, and may be cited as, the City of Lubbock, Texas, Unified Development Code (UDC).
b.
Short title.
References to "this Code" or "this Ordinance" are interpreted as references to this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.002 Purposes.
The provisions of this UDC are specifically intended to:
a.
Comprehensive plan.
1.
Implement the relevant priorities of Plan Lubbock 2040, a Comprehensive Plan for the Future (the Comprehensive Plan), as adopted by Ordinance No. 2018-O0141, on file with the Office of the City Secretary;
2.
Provide for orderly growth and development;
3.
Consider land uses and zoning changes in relation to the Comprehensive Plan and Future Land Use Map, as amended; and
4.
Update the Future Land Use Map with zoning changes.
b.
Public health and safety.
Protect public health, safety, and environmental quality by:
1.
Providing adequate light and air;
2.
Promoting a safe, effective traffic circulation system;
3.
Providing safety from fire and other dangers; and
4.
Encouraging proper population densities.
c.
Quality of life.
Protect the quality of life of City residents, business owners, employees, and visitors by:
1.
Improving the City's appearance through the regulation of design, where such regulations are appropriate and allowed by State law;
2.
Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development;
3.
Promoting walkability;
4.
Protecting and strengthening existing neighborhoods;
5.
Promoting a range of housing choices;
6.
Protecting and enhancing areas of scenic, historic, or cultural importance; and
7.
Encouraging connectivity between neighborhoods, public and private amenities, and areas for work, recreation, and commerce.
d.
Economic development.
Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy by promoting the vitality and development of mixed-use, commercial, and industrial districts.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.003 Jurisdiction.
a.
Municipal boundaries.
All provisions of this UDC apply within the corporate limits of the City of Lubbock, Texas.
b.
Extraterritorial jurisdiction.
The provisions in Article 39.04, Subdivision Standards, and Division 3.5, Signs, apply within the extraterritorial jurisdiction (ETJ) of the City of Lubbock, Texas, which is currently five miles as defined by state law.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.004 Applicability.
a.
Generally.
No land, building, or structure shall be developed, redeveloped, or substantially improved except in accordance with this UDC. The following actions are considered "development" subject to the UDC:
1.
Uses of land. The use of any building, structure, or land, including new uses or an expansion or material change to the operational characteristics of existing uses;
2.
Grading of land. Any non-agricultural disturbance of land, soil, vegetation, or drainage ways;
3.
Telecommunications. The erection or modification of any telecommunication structures and antenna support structures that are located on private property within the City; and
4.
Subdivision. Any division of land for development or sale, whether by metes and bounds, subdivision, or other technique. This includes any proposal to:
A.
Divide, or further divide, land into two or more parcels; or
B.
Otherwise alter the boundaries of lots or parcels of land.
b.
Applicability to publicly owned property.
This UDC is applicable to all public agencies and organizations only to extent allowed under the laws of the United States and Texas and their Constitutions.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.005 Enactment, effective date, and repeal.
a.
Enactment and repeal.
The enactment of this UDC shall repeal and replace:
1.
Zoning. Chapter 40, Zoning, of the City of Lubbock Code of Ordinances, as adopted on June 26, 1975, by Ordinance 7084, as amended on October 12, 2021, by Ordinance Number 2021-O0147;
2.
Subdivisions. Chapter 38, Subdivisions, of the City of Lubbock Code of Ordinances, as adopted on January 22, 1953, by Ordinance Number 1331, as amended on December 3, 2019, by Ordinance Number 2019-O0166; and
3.
Lakes, waterways, and floodplains. Chapter 30, Lakes, Waterways, and Floodplains, of the City of Lubbock Code of Ordinances, as adopted on June 28, 1951, by Ordinance Number 1096, as amended on July 22, 2022, by Ordinance Number 2022-O0103.
b.
Effective date.
The effective date of this UDC is October 1, 2023.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.006 Compliance with UDC.
No person may use, occupy, subdivide, or develop land, or use, occupy, erect, or modify buildings, signs, or other structures, except in accordance with all applicable provisions of this UDC. For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building, structure, or land.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.007 Abrogation.
Except for those provisions of the City of Lubbock Code of Ordinances explicitly repealed upon the adoption of this UDC, this UDC is not intended to repeal, abrogate, or impair any existing public or private laws, easements, covenants, or deed restrictions.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.008 Minimum requirements.
a.
Interpretation.
In the interpretation and administration of this UDC, all provisions shall be considered as minimum requirements.
b.
Nuisances.
No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
c.
Other applicable requirements.
The approval of any development application in accordance with the requirements of this UDC shall not relieve the applicant from the responsibility of complying with all other applicable requirements of any other local, state, or federal agency having jurisdiction over the land uses, structures, or improvements for which the approval was issued.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.009 Severability.
a.
Generally.
If a court of competent jurisdiction holds any provision of this UDC to be illegal or invalid, the remainder of this UDC shall remain in full force without being affected by the judgment.
b.
As-applied.
If a court of competent jurisdiction holds any application of a provision of this UDC to a particular structure, land, or water to be illegal or invalid "as-applied," such judgment shall not be applicable to any other structure, land, or water not specifically included in the judgment.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.01.010 Vesting and transition standards.
a.
Development approvals that predate the UDC.
In accordance with Texas Local Government Code Chapter 245, Issuance of Local Permits, it is the City's intent to respect existing zoning and land development approvals. Development may take place within the scope of the development approval, including applicable standards in effect at the time of the filing of a complete application, in accordance with, Section 39.07.004, Application Completeness Review, provided that the approval was valid and has not lapsed per Section 39.07.011, Inactive and Expired Applications. This specifically includes any Specific Use Permits which were granted prior to the adoption of this UDC.
b.
Pending applications.
1.
Generally. Except as provided in Subsection b.2, Expired Applications, below, each development application shall be evaluated only by the zoning regulations and adopted ordinances in effect at the time that each complete application is submitted.
2.
Expired applications. Applications shall expire pursuant to Section 39.07.011, Inactive and Expired Applications.
(Ordinance 2023-O0054 adopted 5/9/2023)