Lubbock City Zoning Code
ARTICLE 39
07 DEVELOPMENT REVIEW PROCEDURES
§ 39.07.001 Purpose.
The purpose of this Article is to articulate the City's development review procedures.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.002 Applicability.
a.
Generally.
This Article applies to the use and development of land and all development activity that requires a recommendation and/or final decision from an administrative body denoted in Article 39.06, Administrative and Legislative Bodies.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.003 Application submittal.
a.
Pre-application meeting.
Potential applicants are encouraged to meet with City staff prior to submittal of subdivision plats, Grading Plans, and applications that require a legislative final decision. A meeting with the County Public Works Director is suggested for extraterritorial jurisdiction plats, as County development standards may differ from the City standards in this UDC.
b.
Applications submittal.
Table 39.07.003-1, Review Steps, denotes the steps that each type of development application must undergo in order to complete the application review process.
Table 39.07.003-1 Review Steps | |||||
|---|---|---|---|---|---|
• = Common Review Procedure Required | — = Common Review Procedure Not Required | |||||
Subdivision | |||||
Common Review Procedures (§ Reference) | Administrative | Legislative | Quasi-Judicial | Replat | All Other |
Application Submittal (§ 39.07.003) | • | • | • | • | • |
Application Completeness Review (§ 39.07.004) | • | • | • | • | • |
Staff Review and Distribution (§ 39.07.005) | • | • | • | • | • |
Common Decision Criteria (§ 39.07.006) | • | • | • | • | • |
Public Notice (§ 39.07.007) | — | • | • | • | — |
Public Meetings and Hearings (§ 39.07.008) | — | • | • | • | • |
Post-Approval Provisions (§ 39.07.009) | • | • | • | • | • |
— | • | • | • | • | |
Inactive and Expired Applications (§ 39.07.011) | • | • | • | • | • |
c.
Forms and fees.
Every development application required by this UDC shall be submitted in a format and in numbers established in the City's Development Guidebook and shall include the corresponding application fee that is established by the City Council.
d.
Authorization to initiate an application.
Table 39.07.003-2, Application Authorization, denotes those who are authorized to initiate each of the application types.
Table 39.07.003-2 Application Authorization | |||
|---|---|---|---|
♦ Entity may initiate an application | |||
Application Type | City Council, Planning and Zoning Commission, or Director of Planning, or designee | Property Owner (Including His or Her Agent) | Party Aggrieved by an Administrative Decision |
Administrative Applications | ♦ | ||
Legislative Applications | ♦ | ♦ | |
Appeals of Administrative Decisions | ♦ | ||
All Other Quasi-Judicial Applications | ♦ | ||
Subdivision Applications | ♦ | ♦ | |
e.
Refunds.
Fees for a denied, expired, voided, or revoked application are not refundable.
f.
Deadlines.
The Director of Planning may establish application submittal deadlines.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
§ 39.07.004 Application completeness review.
a.
All applications.
Table 39.07.003-1, Review Steps, denotes that all development applications are required to undergo completeness review.
b.
Director of Planning responsibility.
The Director of Planning shall review all development application submittals for completeness.
c.
Meaning of complete submittal.
The Director of Planning shall deem complete an application that contains:
d.
Notification to applicant.
If and when the application is deemed complete, the Director of Planning shall notify the applicant in writing.
e.
Timeline for review.
The completeness review required in Subsection b., Director of Planning Responsibility, above, shall be accomplished no later than five business days after an applicant submits a potential application.
f.
Plat filing.
A Final Plat, Preliminary Plat, or Replat is considered "filed" when the Director of Planning deems it complete in accordance with Subsection c., Meaning of Complete Submittal.
1.
Timing. Plats shall be reviewed within 30 days after the date the plat is "filed."
2.
Final decision. Plats shall be approved, conditionally approved, or disapproved within the timeframe established in Chapter 212 of the Texas Local Government Code, unless the applicant requests an extension not to exceed 30 days in accordance with Texas Local Government Code § 212.009(b-2), and the Director of Planning approves the request in writing.
g.
Incomplete applications.
1.
Director of Planning duties. If the Director of Planning determines that a submittal is not complete, the Director of Planning shall:
2.
Rejection. If the missing or incomplete items are not submitted within the 45-day period, then the Director of Planning shall deem the application rejected, shall not accept the application for filing, and shall make the submittal available to the applicant for retrieval. After the Director of Planning rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
3.
Not considered submitted. Incomplete or rejected applications are not considered "submitted" or "filed" for the purposes of Texas Local Government Code Chapter 212, Chapter 245, or for any other purpose. Complete applications are considered submitted on the date that the Director of Planning deems them complete.
4.
Submittal of corrections. Corrected and submitted applications are not considered complete and submitted until all of the missing or incomplete items have been provided to the City and/or corrected and provided to the City as set forth in the notice from the Director of Planning, or designee, by or before the deadline stated in the notice.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024)
§ 39.07.005 Staff review and distribution.
a.
Applications requiring staff review and distribution.
Table 39.07.003-1, Review Steps, denotes that all development applications are required to undergo staff review and distribution.
b.
Final decision or distribution.
After completeness determination, the appropriate administrative body shall, according to the review responsibilities of Section 39.07.012, Development Review Summary Table:
1.
Review and comment. Review the Administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this UDC and other adopted requirements and standards;
2.
Review and decide. Review and make a final decision on the Administrative application; or
3.
Distribute. Distribute the Legislative, Quasi-Judicial, or Subdivision application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.
c.
Required revisions.
1.
Comments. During application review, the appropriate administrative body may provide comments from the Development Review Committee to the applicant. The applicant shall revise and resubmit the application with requested changes.
2.
Resubmittal. Upon receipt of the resubmittal, the Director of Planning may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments or require the agency's technical expertise for appropriate review.
d.
Administrative recommendation or decision.
Promptly after submittal of a complete application that addresses the comments provided pursuant to Subsection c., Required Revisions, above (or, after finding that no revisions are required):
1.
Administrative applications. If the application is for a review procedure addressed in Division 7.2 Administrative Review Procedures, then the City staff member denoted in Table 39.07.012-1, Development Review Summary, shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in Section 39.07.009, Post-Approval Provisions.
2.
Legislative, quasi-judicial, and subdivision applications. If, according to Table 39.07.012-1, Development Review Summary, the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff member shall forward a recommendation to the next administrative body in the review process who will consider it for further recommendation or final decision.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.006 Common decision criteria.
a.
Generally.
In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable review bodies shall consider the decision criteria denoted in Table 39.07.006-1, Decision Criteria Applicability. Additional decision criteria may apply and are enumerated in the specific review procedures of this Article.
b.
Exclusions.
The "All Applications" and the "Quasi-Judicial Applications" columns in the table below exclude Appeals of Administrative Decisions.
Table 39.07.006-1 Decision Criteria Applicability | ||||
|---|---|---|---|---|
♦ = Decision criteria applies | ||||
Decision Criteria | All Applications | Legislative Applications | Quasi-Judicial Applications | Subdivision Review Applications |
The request complies with the applicable standards of this UDC, the City of Lubbock Code of Ordinances, Engineering Minimum Design Standards and Specifications, Drainage Criteria Manual, and any applicable county, state, or federal requirements. | ♦ | |||
The request conforms to any prior approval for the development, including, but not limited to, a Specific Use Permit, Preliminary Plat, Master Development Plan, or Site Development Plan. | ♦ | |||
The request is consistent with the Comprehensive Plan, including the Future Land Use Map, applicable utility plans, the current City of Lubbock Master Thoroughfare Plan, Master Drainage Plan, and capital improvements plans; or, if it addresses a topic that is not contained or not fully developed in these documents, the request does not impair their implementation. | ♦ | |||
♦ | ||||
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided. | ♦ | ♦ | ♦ | |
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area. | ♦ | ♦ | ||
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.007 Public notice.
a.
TLGC reference.
Public notice of any development review request shall be in accordance with Texas Local Government Code Chapters 211 and 212, with the exception that when written notice of a public hearing is required to be sent to each owner within 200 feet of the property on which the change is proposed, written notice must instead be sent to each owner within 400 feet of the property on which the change is proposed.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
§ 39.07.008 Public meetings and hearings.
a.
Applications requiring a public meeting or hearing.
Table 39.07.003-1, Review Steps, denotes the development applications that require a public meeting or hearing.
b.
Generally.
All public meetings and hearings shall be open to the public except as otherwise provided in Texas Government Code Chapter 551, Open Meetings. Not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a "public meeting" or "public hearing."
c.
Public meetings.
Public Meeting Required. Any decision of a legislative or quasi-judicial body that does not require a public hearing requires a recommendation and/or final decision to be made at a public meeting.
d.
Attendance by applicant at public hearing.
An applicant or representative is required to attend the public meeting or hearing at which the subject application is to be considered. Failure on the part of the applicant or representative to appear at a properly noticed public meeting or hearing may constitute grounds for a continuance.
e.
Decisions.
All official decision actions shall require the affirmative vote of the number of members as specified in the City Charter and City of Lubbock Code of Ordinances.
f.
Continuing review process.
Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in Section 39.07.009, Post-Approval Provisions.
g.
Successive applications.
The Director of Planning shall not accept any application that was recommended for denial by the Planning and Zoning Commission and denied by the City Council 12 months prior if the Director determines there have been no substantive changes in circumstances related to an application or no substantive changes to the application submittal itself.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.009 Post-approval provisions.
a.
Requests subject to post-approval provisions.
Table 39.07.003-1, Review Steps, denotes the development requests that are subject to post-approval provisions.
b.
Modification of an approved application.
Except as provided in Subsection d. [Section 39.07.028c.1.F], Correction of Errors in Approved but Unrecorded Plats, below, modifications to approved applications or requests shall be done in accordance with Section 39.07.028, Minor Modification of an Approved Application, or, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.
d.
Approvals run with land.
Permits or approvals authorizing a particular land use or structure shall run with the land and transfer with the subsequent ownership of the land and structures.
e.
Recordation of plat.
1.
Submittals for recording. The applicant shall provide the following to the Director of Planning after approval of a Minor or Amending Plat, Conveyance Plat, Final Plat, or Replat, where applicable:
A.
Tax certificate(s) from the Lubbock Central Appraisal District stating that no taxes are delinquent against the property; and
B.
Three durable copies of the plat, reproducible true to industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, the dimension of the plat sheet may not exceed 24 inches by 36 inches.
2.
Recording. Within 10 days of receipt and approval of the above documents, the Director of Planning shall record the approved plat with the Lubbock County Clerk. After the plat has been recorded, the Director of Planning shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Lubbock County filing number. The recording date is the date that will be used in the determination of impact fees.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
§ 39.07.010 Appeals.
§ 39.07.011 Inactive and expired applications.
a.
Generally.
Applicants shall diligently pursue completion of development projects. Accordingly, this Section voids unapproved applications that become stale due to inaction by the applicant.
b.
Voiding of expired applications.
1.
Expiration. A development application expires on or after the 45th day after the date the application is submitted if:
A.
The applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the application;
B.
The Director of Planning provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and
C.
The applicant fails to provide the specified documents or other information within the time provided in the notice.
2.
Status.
A.
Written approvals issued by the Director of Planning shall include an expiration date, if any, or an affirmation that the approval does not expire.
B.
Other than the 10-day notification required in Subsection b.1, Expiration, above, the Director of Planning shall not be required to track the status of applications for purposes of notifying applicants of a pending status of "expired."
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.012 Development review summary table.
a.
Generally.
Table 39.07.012-1, Development Review Summary, summarizes the procedures, agencies, and public bodies involved in the development proposal process. Detailed information about applications and processes is outlined further in this Article.
b.
Table instructions.
1.
Expiration. The days in the "Expiration" column in the table below are measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration, or does not diligently pursue completion of the project or the subsequent required approval. See Section 39.07.011, Inactive and Expired Applications.
2.
Appeals. Refer to Section 39.07.010, Appeals, for additional details on the "Appeal" column in the table below.
Table 39.07.012-1 Development Review Summary | ||||||
|---|---|---|---|---|---|---|
PZC=Planning and Zoning Commission | CC = City Council | ZBA = Zoning Board of Adjustment | UDHPC = Urban Design and Historic Preservation Commission | DRC = Development Review Committee | SUP = Specific Use Permit | COA = Certificate of Appropriateness | ||||||
Review Responsibilities | ||||||
Development Application (Reference) | Submittal Timing | Expiration | Recommendation | Final Decision | Appeal | Applicable Standards |
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this UDC. | ||||||
Prior to a Building Permit for new development, redevelopment, or substantial improvement or expansion of development | 2 years | Article 39.03 | ||||
Prior to subdividing or selling land without plans for its immediate development. | 2 years; None after recordation | Director of Planning | — | |||
Minor or Amending Plat (§ 39.07.015) | Prior to developing a minor subdivision or making a minor modification to a recorded plat | Director of Planning | Article 39.04 | |||
Construction Plans (§ 39.07.016) | Prior to site construction | 2 years | ||||
Use Verification (§ 39.07.017) | Prior to the establishment of a limited or specific use or a use involving alcohol sales | Director of Planning | ||||
Prior to other earthwork activities in a Playa Lake Area. | Division 5.3 | |||||
Grading Plan (§ 39.07.019) | Prior to earthwork activities within area subject to any requirement for this type of cut/fill approval | — | ||||
— | ||||||
Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM) | Floodplain Administrator | Article 39.05 | ||||
Driveway Permit (§ 39.07.022) | Prior to the construction of a driveway approach | |||||
On-Site Wastewater Facility Permit (§ 39.07.023) | Prior to land disturbing activities | Division 4.2 | ||||
Director of Planning | Division 3.5 | |||||
Temporary Use Permit (§ 39.07.025) | Prior to the operation of any temporary structure or use | Director of Planning | ||||
Certificate of Occupancy (§ 39.07.026) | Upon completion of construction or before a change in occupancy | None | Director of Planning | Building Official & Fire Marshal | — | |
Written Interpretation (§ 39.07.027) | None | Director of Planning | — | |||
Minor Modification of an Approved Application (§ 39.07.028) | In order to make a limited modification to a legislative or quasi-judicial application that has already been approved but that has not received a Certificate of Occupancy | Same as the application being modified | Administrative body that made the initial approval | — | ||
Prior to the establishment of a short-term rental use | None | Director of Planning | ||||
LEGISLATIVE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed administrative bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare, including the City's fiscal well-being. Such final decisions are characterized by the exercise of board discretion. | ||||||
Zone Change (§ 39.07.032) | Prior to establishing or expanding a use or residential density prohibited in the current zoning district | None | 1st: DRC 2nd: Director of Planning 3rd: PZC | CC | — | |
Specific Use Permit (§ 39.07.033) | Prior to construction and permitting of any land use that is designated as a specific use | 30 months if use is not established and/or Building Permit issued | 1st: DRC 2nd: Director of Planning 3rd: PZC | CC | Court of Competent Jurisdiction | Article 39.02 |
Master Development Plan (§ 39.07.034) | 2 years | 1st: DRC 2nd: Director of Planning | Article 39.03 | |||
Certificate of Appropriateness (§ 39.07.035) | Prior to demolishing, altering, or reconstructing any contributing building within an HPO, Historic Preservation Overlay district | Director of Planning | Article 39.03 | |||
Planned Unit Development (§ 39.07.036) | Prior to establishing a Planned Unit Development (PUD) | 30 months after final approval of each phase | 1st: DRC 2nd: Director of Planning 3rd: PZC Detail Plan: none | Concept Plan: CC Detail Plan: Director of Planning | Court of Competent Jurisdiction | |
QUASI-JUDICIAL APPLICATIONS: Require final decisions that establish the way design or development will occur on specific sites in manners that either vary from the standards of this UDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion. | ||||||
None | Director of Planning | Court of Competent Jurisdiction | Article 39.03 | |||
Prior to or concurrent with submittal of a Floodplain Development Permit | Floodplain Administrator | Article 39.05 | ||||
Within 30 days after a final decision by the Director of Planning, Building Inspector, or City Engineer on a matter addressed in this UDC | — | |||||
Special Exception (§ 39.02.022) | Prior to or concurrent with submittal of a Site Development Plan or Building Permit | Director of Planning | Article 39.03 | |||
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this UDC and on technical requirements of various City departments, local and state agencies, and utilities. | ||||||
Prior to Final Plat submittal | 2 years; See § 39.07.041 for renewal of a multi-phase Preliminary Plat as each phase receives Final Plat approval | 1st: DRC | Director of Planning | Article 39.04 | ||
Final Plat (§ 39.07.041) | Following approval of a Preliminary Plat and receipt of final drainage plan per § 39.04.021 | 2 years; None after recordation | Director of Planning | |||
Prior to changing the number of lots on a recorded plat | 1st: DRC | Director of Planning | ||||
Vacating Plat (§ 39.07.043) | Prior to removing the force of a recorded plat covering a property or properties | Administrative body that approved the original Minor, Amending, Replat, or Final Plat | — | |||
Waiver of Improvements (§ 39.07.044) | When associated plat expires | CC | ||||
Delay of Improvements (§ 39.07.045) | ||||||
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2025-O0095 adopted 8/18/2025)
§ 39.07.013 Site development plan.
a.
Generally.
In addition to the required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following procedures shall apply to Site Development Plans.
b.
Purpose.
The purpose of a Site Development Plan is to ensure that developments comply with all applicable City ordinances, development, and design standards of this UDC, federal and state law. It shall also comply with an approved Master Development Plan or Specific Use Permit for the subject property, if applicable.
c.
Exemptions.
The following activities shall not require a Site Development Plan:
1.
Residential. Construction of single-family detached or duplex residences; and
2.
Emergencies. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
d.
Applicability.
Prior to the development of any use not exempted above, a Site Development Plan shall be reviewed in accordance with this Section.
e.
General requirements.
All improvements reflected on approved site plans shall be constructed at the time of development. All terms and conditions of site plan approval shall be met at the time of development unless otherwise provided for in this UDC. Refer to Section 39.03.019, Installation and Maintenance, for permitted seasonal delays in landscaping installation.
f.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Site Development Plan, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria.
2.
Affirmative findings. In order to approve a Site Development Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.014 Conveyance plat.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Conveyance Plats.
b.
Purpose.
A Conveyance Plat allows the recording of a subdivision without requiring the construction or design of public improvements or collection of impact fees. Easements, dedications, and reservations may be recorded on a Conveyance Plat.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Conveyance Plat, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A.
The Conveyance Plat includes sufficient information to describe the boundaries of the proposed subdivision, any existing platted lots within the proposed subdivision and surrounding property.
B.
The Conveyance Plat includes the following certification: "This plat is recorded for land conveyance purposes only. No building permit shall be issued nor public utility service provided based on this Conveyance Plat without express written consent of the City Engineer."
2.
Affirmative findings. In order to approve a Conveyance Plat, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d.
No replat required.
If and when a property subject to an approved Conveyance Plat is proposed to be platted in preparation for development, a Replat shall not be required. The property shall be required to undergo the Minor Plat or Preliminary Plat process, as applicable.
e.
No building permit.
No Building Permit shall be issued nor public utility service provided for land that has only received approval as a Conveyance Plat.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.015 Minor or amending plat.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Minor or Amending Plats.
b.
Purpose.
1.
Minor plat. The purpose of a Minor Plat is to allow for the administrative approval of the subdivision of property into four or fewer lots if the subject property fronts on an existing public street with no need to dedicate new public right-of-way or extend public utilities.
2.
Amending plat. An Amending Plat is any plat meeting the definition in Texas Local Government Code (TLGC) Section 212.016.
c.
Applicant responsibilities.
Applicant responsibilities shall be the same as those for a Final Plat. Refer to Section 39.07.041e, Applicant Responsibilities.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Minor or Amending Plat, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
2.
Affirmative findings. In order to approve a Minor or Amending Plat, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.016 Construction plans.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Construction Plans.
b.
Purpose.
The purpose of Construction Plans is to provide for the review of detailed engineering drawings for all municipal improvements required to serve the development. Construction Plans and specifications shall be submitted to the City Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other public improvements that are required or proposed to be constructed, reconstructed, improved, or modified to serve a proposed development.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny Construction Plans, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and conform to the City's Engineering Minimum Design Standards and Specifications.
2.
Affirmative findings. In order to approve Construction Plans, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d.
Responsibility of applicant's engineer.
The applicant's engineer of record certifying the Construction Plans is responsible for the accuracy, completeness, and conformance to City requirements of the documents submitted for review and actual construction. City review is limited to facts as presented on submitted Construction Plans and the City has no project engineering responsibility. The City reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted Construction Plans.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.017 Use verification.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Use Verification.
b.
Purpose.
The Use Verification procedure provides a mechanism for the Director of Planning to evaluate new uses or changes in use of any building, structure, or land to ensure compliance with applicable standards of this UDC. A Use Verification may also be obtained by a property owner to demonstrate the existence of a nonconformity subject to Article 39.08, Nonconformities.
c.
Applicability.
A Use Verification shall be required prior to establishing a Limited Use or a use that requires a Specific Use Permit. Temporary uses and structures approved in accordance with Section 39.02.021, Temporary Uses and Structure Standards, shall be exempt from Use Verification compliance.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny Use Verification, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and whether the request conforms to the standards set out in Division 2.4, Land Use Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2.
Affirmative findings. In order to approve a Use Verification, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.018 Playa lake area cut and fill plan.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Playa Lake Areas Cut and Fill Plans.
b.
Purpose.
The Playa Lake Area Cut and Fill Plan procedure provides a mechanism for the City Engineer to allow earth-moving activities and reclamation of developable areas within the regulatory boundaries of playas.
c.
Applicability.
1.
Generally. Property owners wishing to modify Playa Lake Areas on lot or tract greater than 0.25 acres in area shall submit a Lake Area Cut and Fill Plan prepared by an engineer according to the procedures of this Section. A Lake Area Cut and Fill Plan shall be submitted along with the Preliminary Plat for applicable developments. If a Preliminary Plat is not required, it shall be submitted along with the Stormwater Pollution Prevention Plan. Refer to Section 39.07.019, Grading Plan for excavation and fills proposed for outside of lake areas.
2.
Agricultural exception. A Cut and Fill Plan Outside of Playa Lake Areas is not required for a permitted or nonconforming agricultural use or activity, including planting and seeding.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Playa Lake Area Cut and Fill Plan, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and whether the request conforms to the standards set out in Division 2.4, Land Use Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2.
Technical criteria. All fill activity shall be subject to the following requirements that shall be stated on the face of the cut and fill plan:
A.
Testing shall be performed by a commercial testing laboratory in accordance with American Society for Testing Materials (ASTM) standards.
B.
All fill materials shall be compacted to 95 percent standard Proctor density in accordance with ASTM D-698.
C.
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method), or ASTM D-2922 (nuclear density method).
D.
Four field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two field densities for each six-inch depth, and areas of fill material between one-half acre and one acre shall have a minimum of three field densities for each six-inch depth.
E.
Each lift shall have a maximum compacted depth of six inches.
F.
The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximately equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.
G.
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.
H.
Copies of all test results with location maps shall be furnished to the City Engineer with the certified recorded drawings of the cut and fill plan.
I.
Fill material with a plasticity index (PI) of greater than 20 will not be allowed in any public right-of-way. The substandard material shall be discarded at a location above the predicted peak water elevation of the Playa Lake and select fill material shall be imported to the site for placement within the public right-of-way.
3.
Top slope setback. The top of the slope of any excavation shall be a minimum of 10 feet from any adjacent property line or existing or anticipated street or alley right-of-way line unless otherwise approved in the Playa Lake Area Cut and Fill Plan.
e.
Procedures.
In the interest of the health, safety, and welfare of the residents of the City, Playa Lake modifications and dedication requirements for lake areas necessary for flood control and preservation of natural drainage shall be as follows:
1.
Plan submittal.
A.
Subdividers wishing to modify lake areas must submit a Playa Lake Area Cut and Fill Plan prepared by an engineer according to the procedures detailed below and obtain City Engineer approval for such plan before beginning any modifications.
B.
The subdivider shall submit an electronic portable document format (.pdf) file of a cut and fill plan meeting the requirements of this UDC to the City Engineer.
2.
Plan distribution. The City Engineer may distribute the Playa Lake Area Cut and Fill Plan to other City staff for their comments.
3.
Final action. The action of the City Engineer shall be noted and attached to the electronic copy of the Playa Lake Area Cut and Fill Plan. The electronic copy shall be sent to the person who submitted the Playa Lake Cut and Fill Plan and shall be retained by the City Engineer.
4.
Submittal requirements. The Playa Lake Area Cut and Fill Plan shall comply with the following and shall clearly illustrate any specific requirements:
A.
Submit plan sheets at a maximum scale of one inch to 200 feet horizontal scale. Sheet sizes shall be between 11 by 17 and 24 inches by 36 inches unless otherwise approved by the City Engineer. If necessary, the plan may be on several sheets, with a cover sheet containing an index showing the entire subdivision.
B.
Be titled "Playa Lake Area Cut and Fill Plan — [Subdivision Name and Lots or Tracts and/or Playa Lake Number (if no associated plat]," providing the proper name corresponding to the Final Plat it is accompanying.
C.
Include the names of the subdivider and the person or firm preparing the plan.
D.
Include the statements as listed in Subsection f.1., Contents of Plan, of this Section on the face of the Playa Lake Area Cut and Fill Plan.
E.
Clearly depict the existing one-foot interval contours and the proposed one-foot internal contours and cross-sections on NAVD88 datum unless otherwise approved by the City Engineer.
F.
Indicate in the notes the benchmarks used to establish vertical control for the plan.
G.
Include cross-sections at a horizontal and vertical scale that clearly demonstrate the existing land and the proposed results of the cut and fill operation.
H.
Clearly demonstrate with the contours and cross-sections that the borrow slopes and fill slopes conform to the requirements of the Drainage Criteria Manual.
I.
Clearly indicate in the notes and on the contours the predicted peak water elevation or overflow elevation of the lake.
J.
Indicate the acreage of the lake area prior to the cut and fill operation and the acreage and percent of total reclamation upon completion of the proposed activity. If prior cut and fill operations have been performed in the lake, the acreage of the lake area in its natural state shall also be listed as well as the percent of prior reclamation.
K.
Indicate the volume, in cubic yards, of the total proposed excavation, the volume of embankment material to be placed both below and above the predicted peak water elevation of the lake, and the net volume increase of holding capacity of the playa lake due to the cut and fill operation. All earthwork volumes shall be calculated as "in-place" cubic yards.
L.
Include adequate notes and legends to clearly depict the differences between existing and proposed conditions with this cut and fill operation.
5.
Expiration. An approved Playa Lake Area Cut and Fill Plan shall expire after two years of inactivity and a new application shall be required.
f.
Requirements and verification.
1.
Contents of plan. All fill activity shall be subject to the following requirements that shall be stated on the face of the Play Lake Area Cut and Fill Plan:
A.
Testing shall be performed by a commercial testing laboratory in accordance with American Society for Testing Materials (ASTM) standards.
B.
All fill materials shall be compacted to 95 percent standard Proctor density in accordance with ASTM D-698.
C.
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method) or ASTM D-2922 (nuclear density method).
D.
Four field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two field densities for each six-inch depth, and areas of fill material between one-half acre and one acre shall have a minimum of three field densities for each six-inch depth.
E.
Each lift shall have a maximum compacted depth of six inches.
F.
The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.
G.
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.
H.
Copies of all test results with location maps shall be furnished to the City Engineer with the certified as-built cut and fill plan.
I.
Fill material with a plasticity index (PI) of greater than 20 will not be allowed in any public right-of-way. The substandard material shall be discarded at a location above the predicted peak water elevation of the Playa Lake, and select fill material shall be imported to the site for placement within the public right-of-way.
2.
Top of slope. The top of the slope of any excavation shall be a minimum of 10 feet from any adjacent property line or existing or anticipated street or alley right-of-way line unless otherwise approved in the Playa Lake Area Cut and Fill Plan.
3.
Upon completion of any cut and/or fill activity as approved by the City Engineer under this Section, as-built certified drawings shall be provided by an engineer and shall be filed with the City Engineer for review prior to recording of the Final Plat. Upon approval of the City Engineer, the cut and/or fill activity and the as-built certified drawings may be allowed to be completed after the recording of the Final Plat.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.019 Grading plan.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Grading Permits.
b.
Purpose.
The Grading Plan procedure provides a mechanism for the City Engineer to allow any excavations or fills outside of Playa Lake Areas. This application provides the builder clear direction both in properly grading the site and determining the anticipated cut and fill quantities.
c.
Applicability.
1.
Generally. A Grading Plan shall be required for all earth work activity on sites greater than 10,890 square feet in area except for those excavations and fills made in the course of construction, such as foundations, basements, or subfloors that are authorized by a Building Permit, or utility excavations and installations. A Grading Plan shall be prepared by an engineer according to the procedures of this Section and shall be submitted along with the Preliminary Plat for applicable developments. If a Preliminary Plat is not required, it shall be submitted along with the Stormwater Pollution Prevention Plan. Refer to Section 39.07.018 for excavation and fills proposed for Playa Lake Areas.
2.
Agricultural exemption. A Grading Plan is not required for a permitted or nonconforming agricultural use or activity.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Grading Plan, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
2.
Affirmative findings. In order to approve a Grading Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
e.
As-builts.
The property owner shall provide as-built certified drawings as required in Section 39.07.018g [Section 39.07.018f], As-Builts.
f.
Release for early grading.
The City Engineer may issue a Grading Permit for early grading prior to the approval of associated Construction Plans, or the Preliminary Plat being filed under the following conditions:
1.
Approved SWPPP. An approved Stormwater Pollution Prevention Plan shall be implemented prior to any soil disturbance, including grading, clearing, fill, or removal of concrete in the case of demolition;
2.
Approved grading plan. An approved Grading Plan, as described in Subsection g. [sic], Grading Plan, below; and
3.
Grading only. Work is limited to grading activity only.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.020 Building permit.
b.
Purpose.
The purpose of a Building Permit is to ensure that applicable structures are built in conformance with this UDC, the approved Site Development Plan, and the Building Regulations set forth in Chapter 28 of the City of Lubbock Code of Ordinances.
c.
Specific decision criteria.
2.
Affirmative findings. In order to approve a Building Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d.
Platting.
Unless an exception to platting is authorized by Section 39.04.002, Applicability, or unless relief is granted in accordance with Section 39.07.044, Waiver of Improvements, or Section 39.07.045, Delay of Improvements, or Section 39.07.046, Parallel Construction Alternative, the Building Official shall not issue a Building Permit, as required by the City's Building Code, for any principal structure unless:
1.
The subject property is part of a plat recorded with the Lubbock County Clerk;
2.
The required impact fee has been paid; and
3.
A notification from the City Engineer has been issued stating:
A.
Water and wastewater:
i.
Water and Wastewater infrastructure have been accepted by City for maintenance and the subdivider has submitted accurate as-built drawings of such infrastructure; or
B.
Curb and gutter:
i.
Curb and gutter have been constructed and completed according to the City's Engineering Minimum Design Standards and Specifications; or
C.
An all-weather road has been constructed that meets the City's Fire Code; and
D.
The applicant has provided a letter of credit to the City Engineer in an amount adequate to complete the required paving work, should the applicant fail to do so.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2024-O0108 adopted 8/27/2024)
§ 39.07.021 Floodplain development permit.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.022 Driveway permit.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Driveway Permits.
b.
Purpose.
The purpose of a Driveway Permit is to ensure that driveways are designed and installed in conformance with this UDC, the approved Site Development Plan, if applicable, and the City's Engineering Minimum Design Standards and Specifications.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Driveway Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A.
The proposal complies with the City's Engineering Minimum Design Standards and Specifications; and
2.
Affirmative findings. In order to approve a Driveway Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.023 On-site wastewater facility permit.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to On-Site Wastewater Permits.
b.
Purpose.
The purpose of an On-Site Wastewater Permit is to ensure that such facilities are located and installed in a manner that preserves public health and safety.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny an On-Site Wastewater Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A.
Economic feasibility. The subject property is greater than 180 feet from the existing wastewater collection system.
B.
Master plans. The proposal complies with the City's wastewater collection system master plans;
C.
Environmental factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
D.
Lot characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site wastewater;
E.
Impact on surroundings.
i.
The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal; and
ii.
The impact on surrounding properties' ability to develop with suitable access to wastewater facilities is minimal.
F.
Code of ordinances. The development fails to meet applicable standards for public wastewater connections within Chapter 22, Utilities, of the City of Lubbock Code of Ordinances.
G.
TCEQ and High Plains Water District. The development complies with the requirements of the Texas Commission on Environmental Quality and the High Plains Water District.
2.
Affirmative findings. In order to approve an On-Site Wastewater Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.024 Sign permit and master sign plan.
a.
Applicability.
1.
Generally. In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following procedures apply to Sign Permits and Master Sign Plans.
2.
A.
A Master Sign Plan applies only to property that has 500 feet or more of continuous frontage on an expressway or arterial street.
c.
Specific decision criteria.
1.
2.
A.
Review and decision.
i.
The applicant may elect to submit the Master Sign Plan as part of a legislative review procedure subject to Division 7.3, Legislative Review Procedures; in that case:
a.
The applicant shall submit the Master Sign Plan as part of the application for the Zone Change, Specific Use Permit, or Master Development Plan; and
b.
The Master Sign Plan shall be approved or conditionally approved as a part of the Zone Change, Specific Use Permit, or Master Development Plan, or denied (whether or not the underlying application is approved).
ii.
If the Master Sign Plan is not submitted as part of a legislative review procedure, the recommendation and final decision established in Table 39.07.012-1, Development Review Summary, shall apply.
B.
Criteria. In determining whether to approve, approve with conditions, or deny a Sign Permit, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
iii.
The plan establishes a harmonious relationship of the signs to buildings within the development as well as to buildingsadjacent to the development, in terms of scale, color, materials, shape, design, and illumination; and
iv.
The plan indicates how the signs on the property are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation, and other development features of the property and nearby property.
C.
Requirements. The following increases in sign area apply to signs that are subject to a Master Sign Plan:
i.
The maximum cumulative sign area for wall signs and projecting signs is increased by 10%. The applicant may distribute the total sign area increase for all wall signs to individual signs in the project, but the increase shall not exceed 40 square feet for any individual sign.
ii.
For freestanding signs:
a.
Maximum height may be increased by a maximum of 10 percent; and
D.
Approval sequence. After a Master Sign Plan is approved, the applicant may apply for Sign Permits consistent with the approved Master Sign Plan and any provisions of Division 3.5, Signs.
3.
Affirmative findings. In order to approve a Master Sign Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d.
Emergencies.
In an emergency situation according to the Director of Planning or Building Official, a property owner may initiate work without first applying for a Sign Permit. However, the owner shall apply for a Sign Permit within 24 hours after the first working day. For purposes of this Subsection, an "emergency situation" means a condition where initiation of work on the sign is required to preserve the public peace, property, health, or safety.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.025 Temporary use permit.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Temporary Use Permits.
b.
Purpose.
The purpose of a Temporary Use Permit is to ensure that temporary uses comply with the requirements of this UDC, including Section 39.02.021, Temporary Uses and Structures, and that they do not become permanent uses or structures.
c.
Unlisted uses.
The Director of Planning may interpret other uses as requiring a Temporary Use Permit based on the provisions in Section 39.02.017, New and Unlisted Uses.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Temporary Use Permit, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the use or structure conforms to the standards set out in Section 39.02.021, Temporary Use and Structure Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2.
Affirmative findings. In order to approve a Temporary Use Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
e.
Additional conditions.
The Director of Planning, in coordination with other City staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
f.
Denial.
The Director of Planning may deny a permit if the Director finds the use or its associated structures to be too intense to be safe for the site, neighborhood, street, or infrastructure.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.026 Certificate of occupancy.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Certificates of Occupancy.
b.
Purpose.
The purpose of a Certificate of Occupancy is to certify that a completed project adheres to this UDC, the City's Building Code, approval conditions, the Site Development Plan and Building Permit, and all other pertinent City of Lubbock Code of Ordinances. It is unlawful to occupy any building or structure unless the Building Official has issued a full, or temporary, Certificate of Occupancy, as applicable.
c.
Specific decision criteria.
1.
Review, decision, and findings. In determining whether to approve, approve with conditions, or deny a Certificate of Occupancy, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project.
2.
Affirmative findings. In order to issue a Certificate of Occupancy, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d.
Residential and accessory structures.
Construction associated with single-family detached and duplex dwellings under the scope of the International Residential Code shall be exempt from requirements for a Certificate of Occupancy; however, such buildings shall not be occupied or used until released by the Building Official after approval of all required inspections. Such approval is subject to revocation by the Building Official in the same manner as that for Certificates of Occupancy.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.027 Written interpretation.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Written Interpretations.
b.
Purpose.
The purpose of a Written Interpretation is to provide any applicant with an official administrative interpretation of the terms, provisions, or requirements of this UDC if the application of the terms, provisions, or requirements are not obvious.
c.
Standards for interpretations.
The Director of Planning may base the interpretation on one or more of the following:
1.
Materials or scenario. The materials or scenario posed by the applicant.
2.
4.
Law. Any provision of this UDC, state law, or federal law that are related to the same subject matter.
5.
Other interpretations. Other interpretations rendered by the Director of Planning associated with the same or related provisions of this UDC.
6.
Legislative history. The legislative history of the provision.
d.
No legal advice.
No written interpretation shall be construed as legal advice.
f.
Recordkeeping.
The Director of Planning shall keep records of interpretations made pursuant to this Section.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.028 Minor modification of an approved application.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Minor Modifications of an Approved Application.
b.
Purpose.
The purpose of a Minor Modification of an Approved Application is to allow an applicant to make minor changes, as listed in Subsection c., Specific Decision Criteria, below, to an approved application that has not yet received a Certificate of Occupancy, without requiring the application to go through the entire review process again.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Minor Modification of an Approved Application, the City staff shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following, as applicable:
B.
Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
D.
Density. The overall density of the project does not increase by more than 10 percent as a result of a change in the GFA, height, or position.
E.
Condition of approval. The proposal does not violate a condition of approval for the original application, or a provision of the City of Lubbock Code of Ordinances.
F.
Correction of errors in approved but unrecorded plats.
i.
Director of Planning review and approval. An approved but unrecorded Final Plat, Minor Plat, or Replat that the Director of Planning finds to contain an insignificant error, including, but not limited to, scrivener's errors or typographical errors, may be corrected by the applicant.
ii.
DRC review and Director of Planning approval. The Director of Planning may approve other corrections, including, but not limited to, the addition, deletion, or relocation of easements, the minor reconfiguration of streets, after review by the Development Review Committee.
iii.
Amendment to construction plans. Construction Plans related to any changes to an approved but unrecorded Plat shall be updated to the satisfaction of the City Engineer to reflect the change.
iv.
Amending plat. Any correction of a recorded plat shall be in accordance with Section 39.07.015, Minor or Amending Plat.
2.
Affirmative findings. In order to issue a Minor Modification of an Approved Application, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.029 Short-term rental permit.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Short-Term Rental Permits.
b.
Purpose.
The purpose of a Short-Term Rental Permit is to ensure that short-term rental uses comply with the requirements of the City of Lubbock Code of Ordinances and this UDC in order to retain their overall residential character.
c.
Applicability.
A Short-Term Rental Permit is required before establishing any short-term rental use or structure. It is unlawful for an owner, operator, or agent to operate a Short-Term Rental without a permit.
d.
Requirements.
The following requirements apply to Short-term Rental Permits.
e.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Short Term Rental Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria.
2.
Affirmative findings. In order to approve a Short-Term Rental Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
f.
Notice of denial or revocation.
1.
Permit denial. The Director of Planning may determine that a permit required under this Section should be denied or revoked for the reasons set forth below. The Director of Planning shall provide written notice of the denial or revocation of a permit to the applicant, detailing the reason for the denial or revocation of the permit, and a statement informing the applicant of their right to appeal the denial or revocation of the permit to the Permit and License Appeals Board, in the manner set out in Article 2.03 of the City of Lubbock Code of Ordinances.
A.
The application contains any incomplete, inaccurate, misleading, or false statements; or
B.
The applicant has not complied with the standards in Section 39.02.018c.6., Short-Term Rental, or has had a history of noncompliance with the provisions of such Subsection.
g.
Hotel occupancy tax payment required.
1.
Occupancy tax. Assess and collect the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code and Article 6 [Chapter 18] of the City of Lubbock Code of Ordinances; and
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.032 Zone change.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Zone Changes.
b.
Purpose.
The purpose of a Zone Change is to change the zoning district of a property on the Official Zoning Map from one zoning district to another.
c.
Protest against a zone change.
A Zone Change shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the change:
d.
Successive zone change applications.
To promote the stability and well-being of the community and offer certainty to the City's citizens regarding the use and development of property, the following requirements, in addition to those in Section 39.07.008g, Successive Applications, govern the filing of Zone Change reapplications:
1.
Criteria. A reapplication within 12 months of the date of the application for a Zone Change shall not be heard for a particular parcel of property if:
A.
Within 12 months prior to the date of the application a Zone Change or similar application was recommended for denial by the Planning & Zoning Commission and denied by the City Council;
B.
The application currently under consideration includes property that was all of or a part of the previously denied case; or
C.
The reapplication is for the same or a more intense zoning district (as defined in Subsection d.2., below) than the district requested in the previous application.
2.
Districts. For purposes of applying the district intensity standard in Subsection d.1.C., above, the zoning districts established in this UDC are listed in order, from the least to most intense, below. A district is generally considered more intense than the district requested in a previous application if it requests a greater number of dwelling units or floor area, than the previous application.
B.
Very Low Density Single-Family (SF-1);
C.
Low Density Single-Family (SF-2);
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2025-O0095 adopted 8/18/2025)
§ 39.07.033 Specific use permit.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Specific Use Permits (SUPs).
b.
Purpose.
The purpose of SUP review is to determine if specific uses, as denoted in each zoning district in Division 2.2, Zoning Districts and Standards, should be allowed on a property.
c.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a SUP, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A.
Generally.
i.
The granting of the SUP is not injurious or otherwise detrimental to the public health, safety, morals, and the general welfare of the general public; and
ii.
The granting of the SUP is not substantially or permanently injurious to the property or improvements in the vicinity in which the property is located.
B.
Concentration. The specific use does not create an unwanted concentration of similar specific uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
2.
Approval. In order to approve a SUP, the final decision-making body shall consider all of the applicable decision criteria.
d.
Conditions of approval.
The Planning and Zoning Commission may recommend, and the City Council may approve, conditions of approval to the SUP in order to mitigate its impacts to adjacent land uses such that it complies with the associated decision criteria. The subject matter of conditions may include, but shall not be limited to, the following:
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.034 Master development plan.
a.
Generally.
In addition to the applicable required procedures in Section 39.07.006, Common Decision Criteria, the following specific procedural provisions shall apply to Master Development Plans.
b.
Purpose.
The purpose of a Master Development Plan is to provide a site layout for property developed using the village subdivision type in a district where such subdivision type is permitted. Review of the Master Development Plan shall occur prior to any other development activity for the project taking place.
c.
Exemptions.
A Master Development Plan is not required prior to the development of a subdivision that is not a village type.
d.
Binding characteristics.
Approval of the Master Development Plan establishes:
1.
Context, transitioning, and buffering. The context of the proposed development relative to adjoining and adjacentdevelopment and the proposal for transitioning and buffering such uses;
2.
Uses, scale, and compatibility. The locations and types of residential, nonresidential, and public or institutional land uses; their scale and design relationships; and methods to ensure compatibility between the various uses and adjacent properties;
4.
Bulk. Planned gross square footages, lot coverage, and heights of nonresidential uses;
5.
Parking and circulation. The proposed parking and circulation plans;
6.
Transportation. The patterns, functional classifications, and cross-sections of streets within and adjacent to the development, along with the network of pedestrian, bicycle, and public transit improvements;
7.
Open space. General locations, means of continuity and connectivity, and the extent of open space to be dedicated for public or private purposes;
8.
Environmental features. Areas of environmental sensitivity to be protected and preserved, including floodplains and riparian areas, wetlands and water bodies, steep slopes, forested areas, and other such areas; and
9.
Phases. Phases of development.
e.
Specific decision criteria.
In determining whether to approve, approve with conditions, or deny a Master Development Plan, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
1.
Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses and allows for transition from the early phases to completion, relating to the intensity of uses and parking.
2.
Undeveloped space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and where appropriate may double as stormwater best management practices.
3.
Streets and parking. The streets are designed in conformance with Section 39.04.005b., Conformance to Thoroughfare Plan, and, where appropriate, for multi-modal purposes, including being used as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape.
4.
Walkability. The connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.
5.
Quality design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic spaces for public interaction, and protection from the environmental elements.
7.
Site layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment.
f.
Amendments.
1.
Classification. Amendments to a previously approved plan shall be classified as a minor or major modification. Minor modifications may be administratively accepted and will be subject to procedures of Section 39.07.028, Minor Modification of an Approved Application. The Director of Planning shall provide a written response indicating whether or not the revised Master Development Plan has been classified as a minor or major amendment.
2.
Minor amendments. In addition to the amendments listed in Section 39.07.028c., Specific Decision Criteria, Minor amendments include the following:
A.
Changes to the timing or phasing of the proposed development provided the use and overall geographic land area remains the same;
B.
A reduction or increase by no more than 10 percent in the number of proposed platted lots provided the use and overall geographic land area remains substantially the same;
C.
A decrease in overall residential density;
D.
Updating of ownership or consultant information;
E.
A decrease in the overall land area, provided the initial design is maintained; and
F.
Master Development Plan or subdivision plat name change.
3.
Major amendments. All other amendments shall be classified as major modifications and shall be processed in the same manner as a new Master Development Plan submittal. Any major amendments, including any phased amendments to an approved Planned Unit Development adopted prior to the effective date of this UDC per Section 39.01.010, Vesting and Transition Standards, shall be considered a major amendment.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.035 Certificate of appropriateness.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Certificates of Appropriateness.
b.
Purpose.
The purpose of a Certificate of Appropriateness review is to ensure that no person carries out demolition, alteration, or reconstruction of any contributing building in a Historic Preservation Overlay (HPO) district without compliance with the design standards of Section 39.02.009, Historic Preservation Overlay (HPO). Certificate of Appropriateness approval is required in addition to, and not in lieu of, any required Building Permit.
c.
Exemptions.
The following activities are exempt from the requirements of this Section:
1.
Unfit for occupancy. Demolition of a contributing structure that the Director of Code Enforcement deems "unfit for human occupancy";
d.
Specific decision criteria.
In determining whether to approve, approve with conditions, or deny a Certificate of Appropriateness, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
1.
Historic use or minimal change. The property is used as it was historically or will be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2.
Historic character of property. The historic character of a property is retained and preserved. The applicant does not propose the removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property and would compromise its integrity.
3.
Distinctive features. The applicant proposes to preserve distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property.
4.
Repair and replacement. The applicant proposes to repair rather than replace deteriorated historic features. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials. The applicant has substantially documented the replacement of missing features.
5.
Gentlest means. The applicant proposes to undertake chemical or physical treatments, if appropriate, using the gentlest means possible, without using treatments that cause damage to historic materials.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.036 Planned unit development.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the specific procedural provisions of Section 39.07.032, Zone Change, and the following shall apply to Planned Unit Development.
b.
Purpose.
The purpose of this Section is to apply the designation of Planned Unit Development (PUD) on the Official Zoning Map in conjunction with the base zoning district of an eligible property as described in Section 39.02.012. Planned Unit Development District (PUD).
c.
Specific decision criteria.
In determining whether to approve, approve with conditions, or deny a Planned Unit Development, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, Section 39.07.032c. [Section 39.07.033c], Specific Decision Criteria, and the following:
1.
Purpose of development. The use of PUD development regulations shall not be used for the sole purpose of avoiding the quantitative or dimensional requirements for uses that would already be permitted in the base zoning district;
2.
Public service or facilities. The proposed land use(s) shall not materially add public service or facility loads beyond those contemplated in the Comprehensive Plan or other adopted policies or plans of the City, unless the applicant can demonstrate to the satisfaction of the City Council that such added loads will be accommodated or mitigated upon implementation of approved plan;
3.
Comprehensive plan. A proposed PUD shall be consistent with the goals and objectives and shall not have an adverse impact upon the Comprehensive Plan. Notwithstanding this requirement, the City Council may approve a PUD proposal that includes uses that are not called for in the Comprehensive Plan, provided that the City Council determines that such a use deviation is justified based on a demonstrated need and the current planning and development objectives of the City;
5.
Quality building design and site development. The PUD shall improve the appearance of the City through quality building design and site development, the provision of trees and landscaping consistent with or beyond minimum requirements of the base zoning district, the preservation of unique and/or historic sites or structures, and/or the provision of open space or other desirable features of a site beyond minimum requirements; and
6.
Density and intensity. The PUD development shall not be allowed solely as a means of increasing the density or intensity of development. The PUD development shall result in a development that could not be achieved under the base zoning district.
d.
Applicant responsibilities and approval procedures.
1.
A.
Contents. The first part of the PUD submittal shall include the following:
i.
An application for a zone change;
ii.
A concept plan, and
iii.
A written statement explaining:
a.
How the proposed district will relate to the City's Comprehensive Plan and the degree to which it is or is not consistent with said plan and the proposed base zoning district.
b.
The proposed uses, building and site improvements, phasing plans, and resulting open spaces, landscaped areas, floor area and parking.
c.
Reasons that a PUD is preferred over conventional zoning, and identification of the benefits to the City of Lubbock and its residents resulting from the PUD development project.
iv.
A plan of streets through and along the perimeter of the site, which shall be in accordance with the City's approved Thoroughfare Plan.
v.
Additional maps and documents as necessary to adequately describe the project.
vi.
A listing of proposed variations, deviations, and/or exceptions to the use and design standards applicable to the base zoning district, as well as any other applicable requirement, and an explanation as to how each such proposal will benefit the project pursuant to the purpose and intent of the PUD regulations as set forth in Section 39.02.012, Planned Unit Development District (PUD).
vii.
An adequate legal description of the tract(s), showing total acreage, proposed general land uses, and acreage for each use, including open space, existing and proposed streets (public and private), general topographic conditions, significant environmental features, including floodplains and watercourses;
viii.
Dimensioned site plan drawn to scale, showing all proposed and existing buildings and structures, including:
a.
Proposed paths and sidewalks;
c.
A summary of proposed parking;
d.
A summary of proposed unit counts;
e.
A summary of proposed densities (units/acre);
f.
Proposed landscaped areas and open space, and
g.
Any other information necessary to determine eligibility and ascertain mandatory requirements in accordance with Section 39.02.012, Planned Unit Development District (PUD);
ix.
A proposed phasing schedule, if known;
x.
Elevation drawings and renderings;
xi.
Any proposed deed covenants, conditions, restrictions, or agreements that purport to govern the use, maintenance, and operation of any commonly-owned areas, structures, or facilities; and
xii.
Documentation of impacts the proposed development will have on public facilities and services and ways in which these impacts will be mitigated in conjunction with the proposed development. Examples of impacts include, but are not limited to, the level of service at street intersections, residential equivalency units for wastewater service, water capacity, and school district enrollment.
B.
Recommendation and final decision. Refer to review responsibilities of a PUD application denoted in Table 39.07.012-1, Development Review Summary.
C.
Ordinance. The City Attorney shall prepare a PUD Ordinance zone change to the property that includes any conditions upon which the concept plan approval is based. The ordinance shall be voted upon after the first public hearing and, if passed, shall require a second reading at a subsequent meeting of the City Council prior to publication and enactment.
D.
Effect of approval.
i.
Approval of a concept plan and adoption of its PUD Development ordinance by the City Council pursuant to the PUD regulations shall confer upon the property owner or owners the right to submit a PUD detail plan in accordance with Subsection 2, below.
ii.
Once an area has been included in a concept plan that has been approved by the City Council, no development may take place in such area nor may any use thereof be made except in accordance with the approved concept plan or a plan amended in accordance with Subsection e, below.
2.
Detail plan.
A.
Contents. The Detail Plan of the PUD submittal shall include the following:
i.
All of the information required for Site Development Plans.
ii.
Plans and information regarding roads, utilities, sidewalks, and other infrastructure, parks and open spaces, enhancements to public services, and other features of the proposed PUD.
iii.
A copy of the approved ordinance that rezoned the property, along with any conditions placed thereon.
iv.
Any other documentation necessary to demonstrate that the detail plan complies with the approved concept plan and any conditions placed on the approval.
B.
Recommendation and final decision. Refer to review responsibilities of a PUD application denoted in Table 39.07.012-1, Development Review Summary.
C.
Effect of approval. Upon approval of the Detail Plan, the Director of Planning is authorized to issue a notice of approval to the owner or developer that the applicant may proceed to the next phase of regulatory review, including site plan review and building permit submittal, subject to any and all other development, construction and permitting requirements of this UDC or other applicable City Codes.
3.
Phasing of construction. A PUD development project may be proposed for construction in phases, in which case the project shall be designed so that each phase, when completed, has received or is capable of receiving a Certificate of Occupancy in terms of public or common services, facilities and utilities, and open space. Each phase shall contain the necessary components to ensure the protection of natural resources and the health, safety, and welfare of the users of the project and the residents of the surrounding area.
e.
Amendments.
1.
Classification. Amendments to a previously approved PUD shall be classified as a minor or major modification. Minor modifications may be administratively accepted and will be subject to the procedures of Section 39.07.028, Minor Modification of an Approved Application. The Director of Planning shall provide a written response indicating whether or not the revised PUD has been classified as a minor or major amendment.
2.
Minor amendments. In addition to the amendments listed in Section 39.07.028c., Specific Decision Criteria, minor amendments include modifications that meet the following:
A.
Do not modify the overall acreage, but rather modify the acreage identified for each use by a factor of no more than 10%.
C.
Do not increase or decrease the amount of off-street parking by a factor of more than 10%;
E.
Do not increase lot coverage by a factor of more than 10%;
F.
Do not alter the uses allowed; and
G.
Do not alter the intent and conditions of the PUD approval.
3.
Major amendments. All other amendments shall be classified as major modifications and shall be processed in the same manner as a new PUD submittal. Any major amendments, including any phased amendments to an approved PUD, adopted prior to the effective date of this UDC per Section 39.01.010, Vesting and Transition Standards, shall be considered a major amendment.
f.
Protest against a zone change.
Refer to Section 39.07.032c., Protest Against a Zone Change. Provisions for Zone Change Applications also apply to successive PUD applications.
g.
Successive PUD applications.
Refer to Section 39.07.032d., Successive Zone Change Applications. Provisions for Zone Change Applications also apply to successive PUD applications.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.037 Variance.
b.
Purpose.
The purpose of a Variance is to provide limited relief from the requirements of this UDC in cases where the strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDC.
c.
Prohibitions and exceptions.
Some requests for relief are not within the jurisdiction of the Zoning Board of Adjustment (ZBA), and are, therefore, either prohibited or not subject to this Section. These requests are:
3.
Conditions of approval. An applicant may only seek modifications to conditions of approval on a new application submittal and such modifications are not subject to this Section.
4.
Parking credits and reductions. Adjustments to the number of parking spaces required are not subject to this Section and may only be authorized in accordance with Section 39.03.009, Parking Ratios and Design.
5.
Subdivision standards. Relief from the requirements of Article 39.04, Subdivision Standards, is not subject to this Section and may only be authorized in accordance with Section 39.07.044, Waiver of Improvements, and Section 39.07.045, Delay of Improvements.
d.
Specific decision criteria.
1.
Review and decision. In determining whether to approve, approve with conditions, or deny a Variance, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
B.
Granting the Variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district.
C.
A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
E.
The hardship is based on circumstances that are unique to the property for which the Variance is sought and not circumstances common to other properties.
F.
The hardship is not based solely on the cost of complying with the regulation but is based on the particular physical surroundings, shape, or topographical conditions of the subject property.
2.
Sign variances. In addition to the criteria in Subsection 1, above, the following shall apply to Variances to the sign standards in Section 39.03.023, Permanent Signs, through Section 39.03.024, Temporary, Incidental, and Miscellaneous Signs:
3.
Affirmative findings. In order to approve a Variance, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.038 Variance, floodplain.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.039 Appeal of administrative decision.
b.
Purpose.
The purpose of an Appeal of Administrative Decision is to provide a vehicle for appeal of any final decision of the Director of Planning, Building Official, City Engineer, or Floodplain Administrator on any applications set out in Division 7.2, Administrative Review Procedures.
c.
Notice of appeal.
Within 20 days after the date of a final written administrative decision, an appeal may be submitted to the Director of Planning, in writing, by any person aggrieved by the decision or by any official or department of the City affected by the decision. In the notice, the appellant shall set out all grounds for the appeal.
e.
Effect of appeal.
The filing of an Appeal of Administrative Decision stays all proceedings in furtherance of the final decision appealed, unless the administrative official from whom the appeal is taken certifies in writing to the ZBA that, by reason of facts stated, a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order that may be granted by a court of competent jurisdiction.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.040 Preliminary plat.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Preliminary Plats.
b.
Purpose.
The purpose of a Preliminary Plat is to provide sufficient information to evaluate and review the general design of a proposed subdivision to ensure compliance with the Master Development Plan, if applicable, and the requirements of this UDC prior to submittal of a Final Plat. If a Final Plat contains four or fewer lots and tracts, or includes all of an applicant's contiguous ownership, a Preliminary Plat for the property shall not be required.
c.
Applicant responsibilities.
Preliminary Plats shall not be considered filed until the plat and other required documents as set forth herein are received by the Director of Planning, comply with Section 39.07.004, Application Completeness Review, and meet all of the following requirements:
2.
Preliminary plat document (.pdf). Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. A minimum sheet size of 11" x 17" is required, however, the sheet is not to exceed 36" on any side;
3.
Prepared by a surveyor. A Preliminary Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
4.
A preliminary drainage analysis and map (.pdf) that meets the requirements of the Drainage Criteria Manual of the City;
5.
Application fee as established by the City Council; and
7.
Request for waiver, delay, or parallel construction of improvements, if applicable.
d.
Document requirements.
1.
A statement shall be placed on the plat clearly indicating it is for review purposes only and not for recording;
2.
Drawn to standard engineering scales ranging from 1" = 10' to 1" = 100'. 1" = 200' scale is allowed for plats larger than 100 acres only when all information illustrated on the plat is clearly legible on the printed full-size plat;
3.
All unsubdivided contiguous land under single or common ownership shall be included in the Preliminary Plat. However, if approved by the Director of Planning prior to submittal, the limits of a Preliminary Plat may include a portion of the owner's contiguous land and extend to known identifiable limits such as collector streets, Playa Lakes, or other well-defined development barriers;
4.
Location map, legibly illustrating the general position of the property relative to an intersection containing at least one arterial street or state highway;
5.
Scale, north arrow, date, exact acreage, proposed subdivision name, and other pertinent site-specific descriptive information;
6.
Property owner's name, address, and telephone number, including the record owner and warranty deed recording information of the proposed subdivision;
7.
Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent established United States Geodetic Survey data adopted by the City. The face of the Preliminary Plat shall indicate the source, datum, and date of creation for the contour data;
8.
The Preliminary Plat must be tied by survey to a section corner of the section in which the plat is located, or when the proposed subdivision abuts or is abutting an existing recorded plat, the Preliminary Plat may be tied by survey to such existing plat. Boundary lines for the proposed subdivision shall be indicated by heavy lines. Boundaries for lots and/or tracts within the plat boundary shall be shown in solid lines. Existing cross streets shall be shown for reference at the property boundary;
9.
Where applicable, approximate location of any City limit lines including labels for inside and outside City limits;
10.
Boundary lines, bearings, and distances sufficient to locate the exact area proposed for subdivision;
11.
The name and location of all abutting subdivisions shall be drawn to the same scale and shown in dashed lines abutting the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Abutting unplatted land shall show property lines and owners of record. If the abutting land has a current approved Preliminary Plat, it shall be shown on the proposed Preliminary Plat to the extent such information is available on City GIS;
12.
13.
The location, name, and width of all streets, alleys, public and private easements, and rights-of-way existing or proposed, shown on the face of the plat, both inside and outside the plat boundary, along with the proposed names of streets, as approved by City of Lubbock staff;
16.
The known location of all existing property lines within the area proposed for subdivision;
17.
Proposed arrangement of lots. Property for residential use shall be platted as lots and shall be numbered consecutively from one (1) to the total number of lots in the subdivision. Property platted for commercial use, public use, or private street use shall be platted as tracts and shall be lettered in alphabetical order. If phased development results in lot or tract labels which differ from the approved Preliminary Plat and Drainage Analysis lot or tract labels, a revised or updated Finish Floor Table shall be submitted to Development Engineering staff;
18.
The title of the proposed subdivision, the name of the owner(s) with sufficient data to show ownership, and the proponent of the Preliminary Plat and current landowner(s) at time of submittal (if different than proponent). The proposed title shall not conflict with any previous subdivision name;
19.
Playa Lake Areas, if any, shall conform to the requirements of Article 39.05, Division 5.3, Playa Lakes Development and Ownership;
20.
Sites proposed for stormwater drainage and impoundment easements, parks or other property owned by the City or any other governmental entity shall contain no blanket or specific utility easement until approved by the City Engineer or authorized representative of other governmental entities;
21.
A statement regarding maintenance of any installed detention/retention basins shall be stated on the face of the plat;
22.
All information and spelling on the plat shall be correct, current, and accurate at the time of submission; and
23.
The following certificate of approval by the Director of Planning or their designee shall be placed on every Preliminary Plat and signed:
Approved this _____ day of __________, 20 _____, by the Director of Planning, or designee, of the City of Lubbock, Texas. _________________________ Director of Planning |
e.
Specific decision criteria.
1.
Review and decision. In determining whether to approve or deny a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A.
Standards and specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Minimum Design Standards and Specifications.
B.
Other review bodies. If applicable, approval from any public school district sharing territory with the City of Lubbock, Lubbock County Commissioner's Court, and any legislative-created districts.
2.
Required approval. If the Director of Planning, or designee, finds that a Preliminary Plat complies with all the requirements of this Section and the applicable decision criteria, then the Preliminary Plat shall be approved.
f.
Approval procedures.
1.
Action by the Director of Planning, or designee. The Director of Planning, or designee, shall approve, approve with conditions, or disapprove the application. If the application is conditionally approved or disapproved, the Director of Planning, or designee, shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.
2.
Applicant response to conditional approval or disapproval. The applicant may submit a response to the Director of Planning in accordance with Texas Local Government Code Section 212.0093.
3.
Consideration of response by the Director of Planning. The Director of Planning shall approve or disapprove a response submitted in accordance with Texas Local Government Code Section 212.0093 within 15 days after the date the response was submitted. If the response is disapproved, the Director of Planning shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.
g.
Revisions and reapplication.
If an owner proposes changes to a Preliminary Plat that do not substantially comply with the application that was approved by the Director of Planning, or designee, the applicant shall prepare a revised Preliminary Plat. The revised Preliminary Plat must be approved by the Director of Planning, or designee, before the applicant submits a Final Plat.
h.
Final decision.
1.
Action. The Director of Planning, or designee, shall make a final decision on the Preliminary Plat within 30 days of the date the Plat application is filed. This deadline may be extended an additional 30 days if the applicant requests the Director of Planning, or designee, approval, and the Director of Planning, or designee, agrees to a 30-day extension in writing.
2.
After decision. After the Director of Planning, or designee, approves the Preliminary Plat, the applicant may then submit a Final Plat Application. A Preliminary Plat and a Final Plat shall not be submitted at the same time. The Final Plat shall not be filed before receiving approval of the Preliminary Plat.
i.
No public dedication.
Approval of the Preliminary Plat shall not constitute any real property grant or dedication or the acceptance of any public improvements.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024)
§ 39.07.041 Final plat.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Final Plats.
b.
Purpose.
The purpose of a Final Plat is to serve as the official recorded map of the property to be developed, showing the boundaries, lots, public streets, easements, and other significant facilities and features that are necessary to serve the development. The Final Plat shall conform to the approved Preliminary Plat, if any, and may constitute only a portion of the Preliminary Plat provided that such portions conform to all applicable requirements of this UDC.
c.
Improvements.
The Final Plat shall contain dedication for all internal and perimeter streets and alleys and other improvements within the portion proposed for Final Plat as shown on the approved Preliminary Plat.
d.
Land not to be excluded.
1.
Avoidance. A Final Plat shall not exclude land that should otherwise be included for the purpose of avoiding requirements of this UDC, including, but not limited to, the requirement to improve existing perimeter streets or to dedicate a street designated on the current City of Lubbock Master Thoroughfare Plan.
2.
Remainder tracts. In no case shall a Final Plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this UDC.
e.
Applicant responsibilities.
The Final Plat shall incorporate all Preliminary Plat information and conditions approved by the Director of Planning and shall meet all of the following requirements:
1.
An approved Preliminary Plat (.pdf) of the property, signed by the Director of Planning or their designee;
2.
Prepared by a Surveyor. A Final Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas;
3.
Final Plat document (.pdf). Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. A minimum sheet size of 11" x 17" is required, however, the sheet is not to exceed 36" on any side;
4.
Application fee as established by the City Council.
6.
Request for waiver, delay, or parallel construction of improvement, if applicable.
f.
Document requirements.
1.
Must conform to the approved associated Preliminary Plat, and may constitute only a portion of the Preliminary Plat;
2.
Shall contain right-of-way dedication for all internal and perimeter streets and alleys within the portion proposed for Final Plat as shown on the approved Preliminary Plat;
3.
The Final Plat dimensional control shall be in units of U.S. survey feet to the nearest one-hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The description of the methodology used and the source, datum, and date of creation of the relevant points must be included on the face of the plat;
4.
Control for a Final Plat shall be established by one of the following methods. (A) The Final Plat may be tied by survey to a section corner of the section in which the plat is located; or (B) When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of Lubbock or Lubbock County, the Final Plat may be tied by survey to such existing plat;
5.
The Final Plat shall include horizontal coordinates on at least two of the boundary corners relative to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural Resources Code, Title 2, Chapter 21, as amended, or subsequently established United States Geodetic Survey data adopted by the City of Lubbock;
6.
Drawn to standard engineering scales ranging from 1" = 10' to 1" = 100'. 1" = 200' scale is allowed for plats larger than 100 acres only when all information illustrated on the plat is clearly legible on the printed full-size plat;
7.
The incorporation of all Preliminary Plat information and conditions approved by administrative review;
8.
The plat boundary and the exact acreage included in that boundary;
10.
The map scale, horizontal datum, north arrow and date;
11.
12.
Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves. Such lines shall be shown in the same manner as required for Preliminary Plats in Section 39.07.040d, Document Requirements, Subsection 39.07.040d.8;
14.
Lots shall be numbered consecutively from one (1) to the total number of lots in the subdivision. Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that Final Plats of portions of an approved Preliminary Plat are recorded with the County Clerk; however, if a different naming convention has been established for prior adjacent plats within that subdivision, then a naming convention consistent with the prior plats may be used;
15.
Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will alternate numbers and letters (e.g. Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be used for tracts (e.g. Tract A-1, Tract A-1-A, Tract A-1-A-1); however, if a different naming convention has been established for prior adjacent plats within that same subdivision, then a naming convention consistent with the prior plats may be used;
16.
Private Streets and common open space and other common areas shall be platted as separate tracts and names must be approved by the City of Lubbock. Changes to existing private street names require approval of the City of Lubbock Building Official when the changes will affect existing residents;
17.
All street and alley rights-of-way and easements shall be clearly shown on the Final Plat and the purpose and restrictions of use of such easement indicated;
18.
Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves, shall be provided to readily establish location of rights-of-way and easements. Location of points of intersection and points of tangency of street intersections, other than right angle intersections, shall be indicated;
19.
Bearings, distances, and ties to the proposed plat boundary, serviced lots or tracts, or an adjacent property boundary shall be indicated for all easements to be dedicated or granted and proposed blocks or other contiguous groups of lots or tracts surrounded on all sides by rights-of-way. Proposed street islands and medians proposed by the plat shall be dimensioned such that each can be mathematically located directly from the information displayed on the plat;
20.
A key of abbreviations for easement types, such as utilities, cross-access, tree preservations, etc., shall be included on the Final Plat;
24.
All platted lots and tracts shall provide for collection of garbage consistent with Article 22.06 of this code unless alternatives are approved by the City Engineer;
25.
The following surveyor's certificate shall be placed on every Final Plat. Final Plats presented for recording shall be signed and sealed by the surveyor:
KNOW ALL MEN BY THESE PRESENTS:
That I, __________, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments and/or other control shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Lubbock, Texas.
26.
The following certificate of approval by the Director of Planning or their designee shall be placed on every Final Plat and signed prior to recording of the plat documents at the courthouse:
Approved this _____ day of __________, 20 _____, by the Director of Planning, or designee, of the City of Lubbock, Texas. |
_________________________ Director of Planning |
27.
All information and spelling on the plat shall be correct, current, and accurate at the time the Registered Professional Land Surveyor has sealed, signed, and dated the document to be recorded;
28.
The following certificate of approval by the Lubbock County Commissioners Court shall be placed on every Final Plat residing within (either in whole or in part) the City of Lubbock Extra-Territorial Jurisdiction (ETJ):
Approved this _____ day of __________, 20 _____, by the Commissioners Court of the County of Lubbock, Texas. |
Approved ____________________ County Judge |
Attest ____________________ County Clerk |
29.
Location map, legibly illustrating the general position of the property relative to an intersection containing at least one arterial street or state highway.
The following notices shall be stated on the face of every plat:
1. | "Heavy lines indicate plat limits."; |
2. | |
3. | "No building permit shall be issued on any survey certificate that is not in accordance with an approved Final Plat and infrastructure and final drainage analysis acceptance by the Lubbock Code of Ordinances"; |
4. | "All utility service shall be in accordance with the Underground Utilities Policy Statement by the Planning and Zoning Commission of the City of Lubbock, Texas and the provisions of Article 37.01 of the Lubbock Code of Ordinances"; |
5. | "All existing or proposed utility services to and on tracts indicated by this plat shall be contained in the public right-of-way and public or private utility easements. Utility service installation requested at a future date and not within an easement indicated by this plat, shall be within a proper utility easement granted by the owner of said property by separate recorded instrument prior to the provision of such service. Such easements shall be at the expense of the entity requesting such installation"; |
6. | "All easements herein granted shall entitle the city or the utility company using such easements to the right to remove, repair or replace any lines, pipes, conduits, or poles within such easements as may be determined by the city or utility company without the city or utility company being responsible or liable for the replacement of improvements, paving, or surfacing of the easement necessitated by such repair, removal, or replacement. Easements designated or intended for vehicular passage (utility and emergency) or pedestrian access shall not be fenced or otherwise obstructed"; and |
7. | "Minimum floor elevations shall conform to the requirements of the Lubbock Drainage Criteria Manual, as adopted by Ordinance 10022, as amended, and Section 28.14.004(o) and Section 28.09.131(28) of the Lubbock Code of Ordinances." |
The following notices shall be stated on the face of the plat when they apply to that particular plat: | |
1. | Any notices required in Unified Development Code Section 39.04.024, Required Notice for Final Plats Containing Lake or Flood Risk Areas, for lake or flood hazard areas; |
2. | "Any easements or rights-of-way shown as 'to be dedicated by separate instrument' or 'to be granted by separate instrument' are shown on the plat for information purposes only. This plat does not dedicate said easements"; |
3. | "Blanket [insert 'underground' if applicable] utility easement as required for service [within the plat limits or insert specific lot or tract designation] is herein granted to [insert name of public, private or franchise utility or certificated service provider of telecommunications]. Blanket easements are herein granted exclusively to each individual tract for service to and within that tract"; and |
4. | "Public pedestrian access easement is herein granted [within specific lot or tract designation, if applicable] for persons traversing along the public parkway and needing to enter onto private property for the purpose of crossing a driveway. The easement is limited to those portions of the as-constructed driveways and walks which may extend outside public right-of-way onto private property and are constructed for the continuance of the accessible routes across the back of the driveway. This easement applies to existing and any future drive entrances as constructed." |
g.
Specific decision criteria.
1.
Review and decision. In determining whether to approve or deny a Final Plat, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and conformance to applicable portions of the approved Preliminary Plat.
2.
Required approval. If the Director of Planning, or designee, finds that a Final Plat complies with all provisions of this Section and applicable decision criteria, then the Final Plat shall be approved.
h.
Final decision.
1.
Action. The Director of Planning, or designee, shall make a final decision on the Final Plat within 30 days of the date the plat is filed, as defined in Section 39.07.004f, Plat Filing. The deadline may be extended an additional 30 days if the applicant requests an extension and the Director of Planning approves the request in writing.
i.
Illegal subdivision.
Where an applicant seeks approval of a Final Plat for land that was subdivided in violation of this UDC, state law, or any prior Ordinance, and the development cannot comply with this UDC because of the unlawful subdivision, the Director of Planning may deny the plat, taking into account requirements related to lot area, lot width, and the ability to configure the proposed use on the lot.
j.
No acceptance of public improvements.
Approval of the Final Plat shall not constitute the acceptance of any public improvements unless, and until, the City Engineer specifically agrees to such acceptance in accordance with Section 39.04.022, Acceptance and Maintenance.
k.
Recording.
Before a Final Plat can be recorded, the following documents must be submitted:
2.
Ownership Certificate;
3.
Tax Certificate;
4.
Easement or right-of-way closure ordinance, if not yet recorded;
6.
Dedication(s) by separate instrument (as indicated on the face of the Final Plat to be recorded), if applicable.
Within 10 days of receipt and approval of the above documents, the Director of Planning shall record the approved Final Plat with the Lubbock County Clerk. Or in the case of plats located in the ETJ, the Director of Planning shall provide the plat and supporting documents to Lubbock County for Commissioners Court approval. After the plat has been recorded, the Director of Planning shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Lubbock County filing number. Impact fees are determined in accordance with Section 41.03.003 of the Lubbock Code of Ordinances.
l.
Preliminary plat renewal.
1.
Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the land included in the Preliminary Plat.
2.
Two-year period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat approval, a Final Plat of the remaining area shall be submitted at any time within two years of the date of Preliminary Plat approval.
3.
Renewal and expiration. If a Final Plat of the remaining area has not been submitted within the two-year time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat approval and it has been recorded with the Lubbock County Clerk, an extension to the two-year time limit shall be automatically granted for all remaining phases.
m.
Street closure.
Any streets, alleys, or easements dedicated to the public within the proposed Final Plat boundaries that are proposed for closure shall be closed by ordinance before the Final Plat can be recorded. These closures shall not be indicated on the Final Plat. The procedure for right-of-way closure is as follows:
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024; Ordinance 2025-O0095 adopted 8/18/2025)
§ 39.07.042 Replat.
b.
Purpose.
The purpose of a Replat is to allow a property owner to add additional lots or public rights-of-way to a recorded plat without prior vacation, or to reconfigure lots within a recorded subdivision. The purpose of the replat shall be stated in the general notes on the face of the plat.
c.
Applicant responsibilities.
Except as provided in this Subsection, applicant responsibilities shall be the same as those for a Final Plat. Refer to Section 39.07.041e, Applicant Responsibilities.
d.
Replatting without vacating preceding plat.
In accordance with Texas Local Government Code Sections 212.014, 212.0145, and 212.015, a Replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the Replat:
2.
Is approved, after a public hearing by the Planning and Zoning Commission on the matter, if required by Texas Local Government Code Section 212.015; and
3.
Does not attempt to amend or remove any covenants or restrictions.
e.
Utilities.
The relocation, modification, or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the Replat. The cost of any such relocation or abandonment shall be borne by the subdivider.
g.
Final decision.
1.
Action. The applicable review body shall make a final decision on the Replat within 30 days of the date the Plat is filed. The deadline may be extended an additional 30 days if the applicant submits a request in writing to the Director of Planning, and the Director of Planning approves the extension.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
§ 39.07.043 Vacating plat.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Vacating Plats.
b.
Purpose.
The purpose of a Vacating Plat is to eliminate the subdivision of property reflected by a prior recorded plat, whereby the subdivided land would return to a single unit of property.
c.
Vacation of plat.
A recorded plat may be vacated in accordance with Texas Local Government Code Section 212.013.
d.
Review and decision.
In determining whether to approve or deny a Vacating Plat, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria.
e.
Utilities.
The relocation, modification, or abandonment of any utilities or easement preparation shall be the responsibility of the subdivider and shall be provided concurrently with the Vacating Plat. The cost of any such relocation or abandonment shall be borne by the subdivider.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.07.044 Waiver of improvements.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Waivers.
b.
Purpose.
Waiver of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Waiver of Improvements is to allow for an exemption to complying with the requirements of Section 39.04.005, Street Network and Design, Section 39.04.012, Public Water Systems, and Section 39.04.013, Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets. A Waiver of Improvements request may only be considered concurrently with a Preliminary Plat. In the event a Preliminary Plat is not required, a Waiver of Improvements request may be considered concurrently with a Final Plat or Replat. The subdivider shall include as part of the Plat application the reason(s) they should be eligible for a Waiver of Improvements in accordance with this Section. Failure to submit such information shall render the Plat application incomplete.
c.
Eligibility.
A subdivider may request a Waiver of Improvements on an infill or constrained property only, subject to the following provisions:
1.
Infill. Where the subject property is:
A.
Proposed for infill development; and
B.
In a location where a minimum of 75 percent of the block face is already developed; and
C.
In the case of water and wastewater, the property is located where existing water and/or wastewater are a minimum of 180 feet from the subject property, as measured by the shortest distance between a property line of the subject property to the nearest water line and/or wastewater line. For streets, the property is situated such that the surrounding block face street is unpaved; or
2.
Constrained properties. The subdivider demonstrates that the subject property is located or configured such that he or she would be required to install water or wastewater infrastructure that, in the professional opinion of the City Engineer, would be highly unlikely to be connected to other infrastructure (for example, without the granting of the Waiver of Improvements, the subdivider would be required to install water or wastewater lines along the perimeter of the property, but one side dead-ends into a railroad track that would render it useless for connecting to other lines). In this instance, the subject property shall only be eligible for a water and/or wastewater Waiver; and
3.
Negative impact. Granting of the Waiver of Improvements would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
d.
Specific decision criteria.
In determining whether to approve or deny a request for Waiver of Improvements, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
1.
Eligibility. The subject property is eligible for a Waiver of Improvements based on the provisions in Subsection c., Eligibility, above.
2.
Strict application. Strict application of the installation requirement requested to be Waived renders platting of the subject property unfeasible.
3.
Minimum necessary. The Waiver of Improvements requested is the minimum necessary that will make possible platting of the subject property. Subdividers shall provide an estimate of probable cost for infrastructure elements to be waived.
4.
Negative impact. Granting of the Waiver of Improvements would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
e.
Affirmative findings.
In order to approve a request for Waiver of Improvements, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2024-O0110 adopted 8/27/2024)
§ 39.07.045 Delay of improvements.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Delays.
b.
Purpose.
Delay of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Delay of Improvements is to allow the subdivider to postpone the installation of infrastructure required in Section 39.04.005, Street Network and Design, Section 39.04.012, Public Water Systems, and Section 39.04.013, Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets. A Delay of Improvements request may only be considered concurrently with a Preliminary Plat. In the event a Preliminary Plat is not required, a Waiver of Improvements request may be considered concurrently with a Final Plat or Replat. The subdivider shall include as part of the Plat application the reason(s) they should be eligible for a Delay in accordance with this Section. Failure to submit such information shall render the Plat application incomplete.
c.
Eligibility.
A subdivider may only request a Delay of Improvements for:
1.
A property that will be served by infrastructure that the City has listed in the most recently approved Capital Improvement Plan adopted with the City's most recently adopted budget, to install, extend, or improve the infrastructure within two years from the time of platting; or
2.
Paving, if it is shown that compliance would be impractical (for example, installation of paving would not be connected to any adjacent paving on any side and therefore would be rendered useless, the street(s) in the proposed development would create elevation differences with adjacent City street projects and would have to be torn out and/or replaced by the City upon completing City projects, or other similar circumstances as determined by the City Engineer). The subdivider must provide the reasons why compliance is impractical; and
3.
Negative impact. Granting of the delay would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
d.
Fee-in-lieu.
1.
Fee required. If the subdivider receives approval of the Delay of Improvements, he or she shall pay a fee-in-lieu of installing the required water, wastewater, or street paving prior to the City's acceptance of the subdivision. The fee-in-lieu shall be the cost of designing and installing the required improvements, based on a cost estimate that the subdivider shall provide to the City Engineer. The cost estimate shall be sealed by the subdivider's engineer of record and approved by the City.
2.
Use of fees. The City shall only use fees collected herein for the construction of water or wastewater facilities or paved streets that directly benefit the subject property.
3.
Deposits. All fees-in-lieu of installation shall be deposited in a fund referenced to the subdivision to which it relates.
e.
Installation guarantee alternative.
1.
Installation guarantee alternative. If the subdivider receives approval of the Delay of Improvements request and will install improvements within two years of Plat approval, he or she shall provide an installation guarantee in the form of a letter of credit or bond for the amount of the improvement(s) and in a form approved by the City Attorney.
2.
Calling the installation guarantee. If the subdivider does not install, or the City does not accept, the infrastructure that is the subject of the Delay of Improvements within two years after approval of the Delay of Improvements, then the City Engineer may request the installation guarantee from the guarantor so that the delayed improvements may be paid for and installed.
f.
Specific decision criteria.
In determining whether to approve or deny a request for Delay of Improvements, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
1.
Eligibility. The subject property is eligible for a Delay of Improvements based on the provisions in Subsection c., Eligibility, above.
2.
Strict application. Strict application of the installation requirement requested to be delayed renders platting of the subject property unfeasible.
3.
Minimum necessary. The Delay of Improvements requested is the minimum necessary that will make possible platting of the subject property.
4.
Negative impact. Granting of the Delay of Improvements would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
g.
Affirmative findings.
In order to approve a request for Delay of Improvements, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2024-O0110 adopted 8/27/2024)
§ 39.07.046 Parallel construction alternative.
a.
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to the Parallel Construction Alternative.
b.
Purpose.
Parallel construction of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Parallel Construction Altenative is to allow more efficient construction of infrastructure installation required in Section 39.04.005, Street Network and Design, Section 39.04.012, Public Water Systems, and Section 39.04.013, Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets. A Parallel Construction Alternative request may only be considered concurrently with a Preliminary Plat, or Final Plat, or Replat. The subdivider shall include as part of the Plat application the reason(s) they should be eligible for the Alternative in accordance with this Section. Failure to submit such information shall render the Plat application incomplete.
c.
Eligibility.
A subdivider may only request the Parallel Construction Alternative for:
1.
A Plat application that was filed on or after October 1, 2023;
2.
Plats that contain only commercial tracts, multi-family, office, and industrial tracts, and only contain four tracts or less; and
3.
Granting of the Parallel Construction Alternative would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
d.
Bond-in-lieu of required improvements.
1.
Installation guarantee. If the subdivider receives approval of the Parallel Construction Alternative request, he or she shall provide an installation guarantee in the form of a letter of credit or bond for the amount of the improvement(s) and in a form approved by the City Attorney. The letter of credit or bond must be received and accepted by the City prior to issuance of Building Permit.
2.
Calling the installation guarantee. If the subdivider does not install, or the City does not accept, the infrastructure that is the subject of the Parallel Construction Alternative within two years after approval of the Final Plat recording date, then the City Engineer may request the installation guarantee from the guarantor so that the improvements may be paid for and installed. An extension may be granted at the discretion of the City Engineer.
e.
Specific decision criteria.
In determining whether to approve or deny a request for Parallel Construction Alternative,, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
1.
Eligibility. The subject property is eligible for a Parallel Construction Alternative based on the provisions in Subsection c., Eligibility, above.
2.
Negative impact. Granting of the Parallel Construction Alternative would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future.
f.
Affirmative findings.
In order to approve a request for the Parallel Construction Alternative, the City Engineer shall make affirmative findings on all of the applicable decision criteria.
g.
Building permit.
If a request for the Parallel Construction Alternative is granted, a building permit may be issued prior to the infrastructure being accepted by the City. If at any time the subdivider abandons work on infrastructure required in Section 39.04.005, Street Network and Design, Section 39.04.012, Public Water Systems, and Section 39.04.013, Public Wastewater Systems, requests for Building Permit Inspections will be denied until the subdivider resumes work on infrastructure. Under no circumstances shall a Temporary or Final Certificate of Occupancy be granted until such time as all infrastructure required in Section 39.04.005, Street Network and Design, Section 39.04.012, Public Water Systems, and Section 39.04.013, Public Wastewater Systems has been accepted by the City.
h.
Appeal.
Any party aggrieved by or alleging error in the final decision of a Parallel Construction Alternative request may appeal to the Planning and Zoning Commission.
(Ordinance 2024-O0108 adopted 8/27/2024; Ordinance 2025-O0095 adopted 8/18/2025)