Lubbock City Zoning Code
ARTICLE 39
08 NONCONFORMITIES
§ 39.08.001 Purpose and applicability.
a.
Purpose.
The purpose of this Article is to provide nonconformity regulations. Nonconformities include nonconforming uses, buildings, structures, lots, site features, signs, and billboards.
b.
Applicability.
This Article's regulations apply to all nonconformities. Uses, buildings or structures, lots, site features, signs, or billboards that were illegally established or constructed are not nonconformities and the provisions of this Article do not apply to them.
c.
Territorial changes.
Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.08.002 Nonconforming uses.
a.
Nonconforming use defined.
1.
A "nonconforming use" is one that existed legally when the zoning restriction became effective and has continued to exist even though no longer in compliance with currently applicable restrictions.
2.
Nonconforming due to amendment. On or after the effective date of this UDC, was lawfully operating according to this UDC's provisions but which use, by UDC amendment, or other governmental action, then became an unpermitted use in the district in which the use is located. Also, territory annexed into the City may continue as provided pursuant to Chapter 43 of the Texas Local Government Code.
b.
Limitations on nonconforming uses.
1.
Nonconforming uses. The lawful use of land existing as of the effective date of this UDC, or a lawful use that becomes nonconforming because of an amendment to this UDC, may continue.
2.
Abandonment. If a nonconforming use is abandoned for 12 months, any future use on the property shall conform to this UDC. Abandonment of a nonconforming use terminates the right to operate that use.
3.
Expansion of use. A nonconforming use may not expand, enlarge, or extend throughout the building, except in accordance with the requirements specified in Section 39.08.006, Nonconformity Expansion.
4.
Expansion of structure within a nonconforming use. A conforming structure within an operating nonconforming use shall not expand, enlarge, or extend unless by the requirements specified in Section 39.08.006, Nonconformity Expansion.
5.
Conditions. The right of nonconforming uses to continue are subject to maintenance regulations adopted by the City designed to protect adjacent properties.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2025-O0095 adopted 8/18/2025)
§ 39.08.003 Nonconforming buildings or structures.
a.
Nonconforming building or structure defined.
A nonconforming structure means any existing building or structure erected or modified on or before the effective date of this UDC that complied with the regulations in effect at the time it was erected or modified but that does not comply with all the regulations applicable in this UDC.
b.
Limitations on nonconforming buildings or structures.
1.
Continuance. Subject to this Section, any nonconforming building or structure may be occupied, operated, and maintained in a state of good repair.
2.
Expansion. A nonconforming building or structure may be expanded, enlarged, or extended if the expansion, enlargement, or extension complies with all of the provisions of this UDC established for buildings and structures in the district where the nonconforming building or structure is located. Expansion, enlargement, or extension requires compliance with all other applicable City ordinances and Section 39.08.006, Nonconformity Expansion.
3.
Repairs or alterations. Repairs may be made to a nonconforming building or structure. No structural alterations may be made unless required by law or ordinance. These regulations may not allow an addition to a nonconforming building or structure unless for the purpose of installing and enclosing sanitary facilities such as toilets and bathrooms.
A.
The Building Official is authorized to issue Building Permits for these improvements.
B.
Improvements that provide sanitary facilities may not exceed 60 square feet in area.
4.
Moving. No nonconforming building or structure may be moved in whole or in part to any other location on the lot, or to any other lot, unless every portion of the building or structure conforms to all of the district's regulations.
5.
Restoration of damaged buildings. A nonconforming building or structure that is damaged or partially destroyed by fire, wind, explosion, earthquake, or other calamities shall not be restored or used if the expense of restoration exceeds 75 percent of the replacement cost of the building or structure when the damage occurred. Any nonconforming building or structure partially destroyed may be restored if restoration starts within 12 months of the date of partial destruction. If a nonconforming building or structure is damaged by more than 75 percent of its replacement cost at that time, the repair or reconstruction of that building or structure shall conform to all the district's regulations where it is located. This repair or reconstruction is deemed a new building or structure. For provisions related to flood damage, even if such flood damage resulted in a fire or other related calamity, refer to Section 39.05.016, Improvement and Repair Requirements.
c.
Termination of nonconforming buildings or structures.
1.
Damage. The right to operate and maintain any nonconforming building or structure terminates and ceases to exist whenever the nonconforming building or structure is damaged in any manner and from any cause, and the cost of repairing that damage exceeds 75 percent of the replacement cost of that structure on the damage date.
2.
Obsolete. The right to operate and maintain any nonconforming building or structure terminates and ceases to exist when the nonconforming building or structure becomes obsolete or substandard under any applicable City ordinance and the cost of placing that building or structure in compliance with the applicable ordinance exceeds 75 percent of the replacement cost of that building or structure on the date that the Building Official or Director of Code Enforcement determines that the building or structure is obsolete or substandard.
3.
Determination of replacement cost. The replacement cost determination of any nonconforming building or structure does not include the cost of land or any factors other than the nonconforming building or structure itself.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.08.004 Nonconforming lots.
a.
Nonconforming lot defined.
A nonconforming lot means any existing lot created on or before the effective date of this UDC that complied with the regulations in effect at the time of creation but that does not comply with all the regulations applicable in this UDC.
b.
Continuance.
The nonconforming lot may be used for any use allowed by the zoning district in which it is located, if:
1.
Access to street. The lot has direct access to an existing improved public or private street or alley;
2.
Contiguous properties. The lot is in separate ownership from all adjacent and contiguous parcels, therefore preventing acquisition of the additional land area needed to comply with the standards that would normally apply to the creation of the lot (for example, minimum area and width); and
3.
Other standards. Development on the lot complies with applicable standards of this UDC (other than lot area and/or width).
c.
Creation of nonconforming lots prohibited.
The subdivision of any land may not result in a lot area or dimension that does not meet the minimum standards of this UDC.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.08.005 Nonconforming site features.
a.
Nonconforming site features defined.
A nonconforming site feature means any existing site feature established on or after the effective date of this UDC that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this UDC. A site feature includes parking, loading, and stacking; landscaping and buffers; signs, including billboards; outdoor lighting; or other site conditions or standards required by Article 39.03, Building and Site Design, or Article 39.04, Subdivision Standards.
b.
Generally.
Except for provisions specifically related to signs and billboards below, the following shall apply to all nonconforming site features.
1.
Continuance. Nonconforming site features may continue if there is no site expansion, enlargement, or extension.
2.
Compliance. If a nonconformity is expanded, enlarged, or extended, nonconforming site features shall comply with the standards of this UDC.
c.
Nonconforming sign or billboard.
1.
Defined. A nonconforming sign or billboard means any sign or billboard existing on or before the effective date of this UDC that does not comply with all applicable development standards and the standards of the zoning district in which the sign or billboard is located.
2.
Sign includes billboard. The use of the term "sign" in this Section includes the term "billboard" unless specifically stated otherwise.
3.
Continuance.
A.
New copy. If the existing sign face is structurally safe and holds a valid permit additional new sign copy is permitted if that change or alteration does not result in:
i.
A change in message method or technology;
ii.
An increase in sign illumination;
iii.
An increase in sign face area;
iv.
Structural alteration to extend its useful life;
v.
Any dimensional expansion;
vi.
Reestablishment of the sign after damage or destruction if the cost of repairing the sign is greater than 50 percent of its replacement value at the time of damage or destruction;
vii.
Modification or relocation that increases the sign's nonconformity;
viii.
Modification or addition of lighting or any other enhancement;
ix.
Replacement poles subject to a Building Permit, but only if not more than one-half of the total number of poles of the sign structure are replaced in any 12-month period and the same material is used for the replacement poles;
x.
Addition of a catwalk to the sign structure;
xi.
Addition of lighting to an unilluminated sign or addition of more intense lighting to an illuminated sign, whether or not the lights are attached to the sign structure;
xii.
A change in the number of poles in the sign structure;
xiii.
Addition of permanent bracing wires, guy wires, or other reinforcing devices;
xiv.
A change in the material used in the construction of the sign, such as replacing wooden material with metal material;
xv.
Addition of faces to a sign or changing the sign configurations;
xvi.
Increase in sign height;
xvii.
A change in the configuration of the sign structure, such as changing a "V" sign to a stacked or back-to-back sign, or a single face sign to a back-to-back sign; or
xviii.
Relocation of the sign.
B.
Repair or maintenance. This Section shall not prevent repair or maintenance of any part of a sign structure to a safe condition or performing normal maintenance operations on a sign or sign structure. The following actions are considered maintenance and are allowed without losing the legal nonconforming status of the sign:
i.
Replacing nuts and bolts;
ii.
Nailing, riveting or welding;
iii.
Cleaning and painting;
iv.
Manipulating sign structure to level or plumb it;
v.
Replacing minor parts if the material of the minor parts is the same type as those being replaced and the basic design or structure of the sign is not altered; and
vi.
Changing all or part of the sign face with materials similar to those being replaced.
4.
Moving. A nonconforming sign shall not move in whole or in part from or within the lot in which it is located, unless every portion of such sign is made to conform to all regulations of the district in which it is located.
5.
Abandonment and termination of a nonconforming sign. A nonconforming sign is deemed abandoned and the right to operate a nonconforming sign terminates immediately if any of the following occur:
A.
Non-use. The sign is not used for a continuous period of more than 365 days.
B.
Damage or destruction. A portion or all of the sign is damaged or destroyed by the intentional act of the owner or his or her agent.
C.
Dilapidation. The nonconforming sign is dilapidated, substandard, or is not maintained in a suitable condition during a continuous period of 90 days.
(Ordinance 2023-O0054 adopted 5/9/2023)
§ 39.08.006 Nonconformity expansion.
a.
Applicability.
The Zoning Board of Adjustment may, after public notice and hearing as required in Texas Local Government Code Chapter 211, and subject to the conditions and safeguards in this Section, authorize the following:
1.
The reconstruction, extension, or enlargement of a building occupied as a nonconforming use; or
2.
The extension of a nonconforming use in a building upon a lot occupied as a nonconforming use.
b.
Decision criteria.
In granting the expansion, the Board may provide conditions of approval that, in its opinion, will secure substantially the purpose and intent of this UDC as articulated in Section 39.01.002, Purposes.
(Ordinance 2023-O0054 adopted 5/9/2023)