Lubbock City Zoning Code
ARTICLE 39
06 ADMINISTRATIVE AND LEGISLATIVE BODIES
§ 39.06.001 City Council.
a.
Generally.
The City Council of the City of Lubbock is established by Chapter 1, Article IX of the Lubbock City Charter.
b.
Powers and duties.
The City Council shall have the authority to make final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.002 Planning and Zoning Commission.
a.
Established.
The Planning and Zoning Commission (PZC) is established in Chapter 2, Article 2.03, Division 15 of the City of Lubbock Code of Ordinances.
b.
Powers and duties.
The PZC shall have the authority to make recommendations and certain final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.003 Zoning Board of Adjustment.
a.
Established.
This Section establishes a Zoning Board of Adjustment (ZBA), with membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.008, Board of Adjustment.
b.
Powers and duties.
The ZBA shall have the authority to make final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
c.
Alternate members.
The City Council may appoint alternate members of the ZBA to temporarily serve in the absence of a permanent member. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. The City Council may fill a vacancy among the alternate members in the same manner as a vacancy among the regular members.
d.
Meetings and procedures.
1.
Time and place of meetings. The ZBA shall meet not less than once each month unless there are no items for it to decide upon. All ZBA meetings shall be open to the public and held in conformance with Texas Government Code Chapter 551, Open Meetings. The Chairperson may call a special meeting following the required notice.
2.
Rules of procedure. The ZBA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the ZBA or the provisions of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.004 Urban Design and Historic Preservation Commission.
a.
Established.
The Urban Design and Historic Preservation Commission (UDHPC) is established in Chapter 2, Article 2.03, Division 19 of the City of Lubbock Code of Ordinances.
b.
Powers and duties.
The UDHPC shall have the authority to make recommendations on the development applications denoted in Section 39.07.012, Development Review Summary Table.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.005 Development Review Committee ("DRC").
a.
Established.
The Development Review Committee (DRC) is composed of the City staff members who participate in development review and who may make recommendations on certain applications established in this UDC.
b.
Powers and duties.
The DRC shall have the authority to make recommendations on the development review applications denoted in Section 39.07.012, Development Review Summary Table.
c.
Membership.
The DRC may be composed of the following City staff members:
1.
Chairperson. The Director of Planning shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other city staff members. In addition to the Chairperson, other City staff members of the DRC may include the:
A.
City Engineer or a designee;
B.
Director of Planning or a designee;
C.
Executive Director of the Lubbock Emergency Communication District;
D.
Fire Marshal or a designee; or
E.
Building Official or a designee.
3.
Non-city staff members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.
d.
Applicant meeting.
The applicant may meet with the DRC to receive its comments and recommendations on an application, so as to allow the applicant to make any required or recommended changes, corrections, or modifications to a submittal.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.006 Director of Planning.
a.
Generally.
The administrator of this UDC shall be the Director of Planning. The Director of Planning is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another administrative body (in case of all other applications). The Director of Planning may designate other City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this UDC.
b.
Powers and duties.
1.
Development review. The Director of Planning shall have the authority to make recommendations and/or final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
2.
Other powers and duties. The Director of Planning shall:
A.
Interpret the general intent and/or specific meaning of any portion of the UDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map;
B.
Update and maintain the Official Zoning Map;
C.
Schedule meetings of the Planning and Zoning Commission, Zoning Board of Adjustment, and Urban Design and Historic Preservation Commission and publish the agenda and any required and/or applicable legal notifications;
D.
Appear before and provide assistance to the City Council, the Planning and Zoning Commission, the Zoning Board of Adjustment, and the Urban Design and Historic Preservation Commission;
E.
Be an ex-officio member of the Planning and Zoning Commission, Zoning Board of Adjustment, and Urban Design and Historic Preservation Commission without power of vote and, as an ex-officio member, shall act as secretary of such bodies;
F.
Set up and maintain a separate permanent file for each development application, including the application itself, copies of notice, minutes, and decisions;
G.
Notify in writing all applicable administrative and legislative bodies established in this Article of all decisions of the Planning and Zoning Commission, Zoning Board of Adjustment, and Urban Design and Historic Preservation Commission; and
H.
Provide expertise and technical assistance on land use-related matters or other duties as outlined in the remainder of the City of Lubbock Code of Ordinances.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.007 Building Official.
a.
Generally.
The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.
b.
Powers and duties.
1.
Development review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
2.
Other powers and duties. The Building Official shall:
A.
Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this UDC);
B.
Maintain all records as they relate to the building permit process and inspections, including materials and outcomes; and
C.
Arbitrate discrepancies regarding building plans, permits, and inspections.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.008 City Engineer.
a.
Generally.
With respect to the administration of this UDC, the City Engineer is generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure. The City Engineer also establishes and promulgates the Engineering Minimum Design Standards and Specifications, and Drainage Criteria Manual as may be amended.
b.
Powers and duties relative to matters in this UDC.
The City Engineer shall have the authority to make recommendations and/or final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
c.
Powers and duties relative to matters outside of this UDC.
In addition to the powers and duties referenced above, the City Engineer shall perform duties as outlined in the remainder of the City of Lubbock Code of Ordinances.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.009 Floodplain Administrator.
a.
Generally.
The Floodplain Administrator administers and implements provisions related to floodplain management for the City.
b.
Development review.
The Floodplain Administrator shall have the authority to make recommendations and/or final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
c.
Designation.
The City Engineer may designate or serve as the Floodplain Administrator.
d.
Powers and duties.
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
1.
Maintain and hold open for public inspection all records pertaining to the floodplain provisions of this UDC.
2.
Review, approve or deny all applications for Floodplain Development Permits, required by Section 39.07.021, Floodplain Development Permit, and determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
3.
Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
4.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
5.
Notify, in riverine or overflow path situations, adjacent communities and the state coordinating agency, which is the Texas Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
6.
Assess that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
7.
When base flood elevation data has not been provided in accordance with Section 39.05.007, Basis for Establishing Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other sources to administer the provisions of Sections 39.05.012, General Standards, through Section 39.05.014, Standards for Subdivision Proposals.
8.
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City.
9.
Under the provisions of 44 CFR, Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.06.010 Director of Code Enforcement.
a.
Generally.
With respect to the administration of this UDC, the Director of Code Enforcement is generally responsible for enforcing the provisions of this UDC, inspecting properties for reported violations, and issuing citations for verified violations.
b.
Powers and duties relative to matters in this UDC
.
1.
Development review. The Director of Code Enforcement shall have the authority to make final decisions on the development applications denoted in Section 39.07.012, Development Review Summary Table.
2.
Vacate order. Whenever any building or portion of a building is being used or occupied contrary to the provisions of this UDC, the Director of Code Enforcement shall order such use or occupancy discontinued and the building vacated by notice served on any person using or causing such use or occupancy to be continued. Such person shall vacate the building within ten days after receipt of the notice or make the building comply with the requirements of this UDC. The order to vacate may be appealed to the ZBA within said 10 days. Any vacate order not appealed within 10 days becomes final.
c.
Powers and duties relative to matters outside of this UDC.
In addition to the powers and duties referenced above, the Director of Code Enforcement shall perform duties as outlined in the remainder of the City of Lubbock Code of Ordinances.
(Ordinance 2023-O0054 adopted 5/9/2023)