Lufkin City Zoning Code
ARTICLE XXI
SUPPLEMENTAL DEVELOPMENTAL REGULATIONS
§ 1 Sight triangle at intersections.
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impair vehicle drivers’ vision at intersections, within a triangle defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property lines intersection; except that fences, walls, and/or hedges are permitted within this triangle provided that such fences, walls and/or hedges do not impair vision from three and one-half (3-1/2) feet to six (6) feet above the surface of the street.
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(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Temporary Buildings.
A temporary building for construction purposes shall be removed upon completion or abandonment of construction work. A real estate field office shall be removed upon the sale of the last lot in the subdivision.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Junkyards.
Any junkyard, whether a primary use or an accessory use, shall provide an opaque screening device of a uniform height (minimum six feet and maximum ten feet) in relation to the ground that screens the view from adjoining lots and/or public places from junk. Stacking of junk which allows visibility from an adjoining lot or public place shall be prohibited.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Automobile Sales.
All vehicles shall be displayed only on an impervious paved surface. A physical barrier shall be placed along the property line to prevent the vehicles from encroaching into the street right-of-way. This provision shall apply equally to sales lots for boats, recreational vehicles and trailers or other similar vehicles.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Multiple-family Dwellings.
There shall be a minimum distance of thirty (30) feet between multiple-family structures. Balconies, eaves or canopies may extend into the minimum building separation for a distance not to exceed five (5) feet each.
Where two building ends having widths of thirty-five (35) feet or less and which do not contain openings for light, air or access in the areas which are opposite, the minimum distance between the structures shall be ten (10) feet.
A curb or equivalent barrier shall be placed so as to prevent any vehicle from parking within a minimum distance of four (4) feet from any multiple-family dwelling.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Garage or Yard Sales.
In connection with the residential or institutional occupancy of a structure, the tenants may offer their personal belongings and household effects for sale to general public provided such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Shopping Centers.
Prior to the issuance of a building permit for the development of a shopping center consisting of four (4) or more acres, a site plan indicating:
a.
Arrangement and height of the various buildings;
b.
Parking and loading areas;
c.
Vehicle circulation including ingress and egress;
d.
Landscaped areas;
e.
Freestanding signage;
f.
Refuse collection containers; and
g.
Any other information deemed necessary to determine the impact of the project, shall be approved by the Planning and Zoning Commission.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Fences, Walls, and Similar Barriers.
Location:
A fence, wall or similar barrier may not be located within the street right-of -way or within the required site triangle at street intersections. Fences may not block access to any fire hydrant or utility meter unless approved by the City Engineer. A fence, wall or similar barrier shall be placed no closer than ten (10) feet from the street (either back of curb or pavement edge). Fences are required to meet all FEMA requirements as related to placement in regulated floodplain and may not interfere with drainage.
Type:
Fence composition is limited to materials routinely used in fence construction such as wooden picket, brick, stone, pipe, concrete or other material deemed appropriate by the City Planner. The use of sheet metal will only be approved as fence material in LM (Light Manufacturing) HM (Heavy Manufacturing) zoning districts and for institutional uses. It is not be permitted for residential use. Barbed wire fence is limited to properties exceeding two acres and limited to agricultural use.
Height:
A fence, wall or similar barrier exceeding four (4) feet in height may not be located within the required front yard unless the property exceeds four (4) acres, and then shall be non-sight restrictive, e.g. chain link, wrought iron, etc. Fences and/or walls are limited to eight (8) feet in height unless approved by the City Planner or City Engineer due to extreme elevation differences on the site or for security purposes. Barriers shall be designed by an engineer when required.
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Required as Screening:
In “RPO” (Restrictive Professional Office), “NR” (Neighborhood Retail), “O” (Office), “LB” (Local Business), “C” (Commercial), “CB” (Central Business), “HM” (Heavy Manufacturing), and “LM” (Light Manufacturing) districts a solid opaque fence that completely obscures the view from adjoining property (to a minimum height of six (6) feet) shall be employed and maintained within three feet of side and rear lot lines in which a non-residential use abuts any residential zoning district.
When a property classified as “CB” (Central Business) abuts a residentially zoned property, the building line established by the wall of a main structure closest to the street right-of-way shall be considered the front yard in application offence height requirements. However, when an opaque screening device is required along side lot lines, the screening device shall be extended to the required front yard of the adjoining property.
In those circumstances where construction of a fence is not desired (by owners of land adjacent to a non-residential property or by the owners of the developing land) the Planning and Zoning Commission may consider a request to waive the fence installation requirement. In the case where neighboring residential properties are in opposition to the proposed waiver, the Planning and Zoning Commission shall consider protection of interests of those neighboring residential property owners a priority. The determination of the Planning and Zoning Commission may be appealed to the Board of Adjustment and Appeals.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010; Ordinance 4848 adopted 3/16/2021)
§ 1 PURPOSE AND INTENT.
The purpose of this Ordinance is to enhance the beautification of the City, preserve and protect the City’s identity and natural environment, appearance and character of the surrounding neighborhoods, and promote the general public safety and welfare by providing for tree preservation, landscaping and professional tree harvest management. It is intended to assure that reasonable provisions and incentives to encourage sound and sight buffers, preservation of scenic views and the elements of tree management will be available to landowners. Additionally it will also specifically recognize the Texas State created Timber Tax Incentives system for property, as utilized by the Angelina County Appraisal District, and commonly known as a 1d1 designation. The Ordinance establishes the standards whereby landscape plans, tree reduction and usage plans will be reviewed by the City for compliance and specifies the requirements for such plans. It is also the purpose of this Ordinance to facilitate site design and construction, and protect and increase the value of properties within the City.
Additionally, it is the purpose of this Ordinance to preserve and enhance the forest character of Lufkin. In preserving and enhancing the urban forest, the City will maintain its unique identity and beauty and its natural landscape that provides clean air, clean water, and flood control, which are essential to the economic future of the City and its neighborhoods. The requirements hold participants to a minimum standard, but the City encourages participants to reach for higher standards in keeping with the purpose to preserve and enhance the forest character of Lufkin.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 2 JURISDICTION AND APPLICABILITY.
A.
The Clearing Permit requirements shall apply to all land within the City limits. Indiscriminate clearing of land is prohibited in the City of Lufkin. A Clearing Permit is required for all site work that involves tree removal. Control and removal of underbrush is permitted without a Clearing Permit. A Clearing Permit is not required on residentially developed property, single-family or duplex residentially platted lots, where construction is for a single living unit.
B.
The landscape requirements in this Ordinance shall apply to all land within the City limits in all zoning districts, except for lands zoned as Agricultural, Residential Large Single-Family Dwelling, Residential Medium Single-Family Dwelling, Residential Small Single-Family Dwelling, Duplex and Manufactured Dwelling Districts.
C.
Requirements shall become applicable to each individual lot when the owner desires to use the property for harvesting timber, begins developing the site for commercial use, or makes application for a Building Permit on the lot. All required landscape areas shall be maintained. The City of Lufkin must comply with the requirements of the Ordinance for areas other than right-of-way.
D.
A private landowner or Timber Manager who is managing timber under a management plan with the intent to produce income and who has a 1d1 Timber Productivity Valuation from the Tax Appraisal Office shall obtain a Clearing Permit prior to harvesting timber. As a condition for obtaining a Clearing Permit, such landowner or Timber Manager shall be required to follow the recognized forestry Best Management Practices (latest addition) regarding Stream Management Zones as set forth in the Texas Forestry Best Practices Manual chapter titled Stream Management Zones. Owners or managers of such property are encouraged to contact the City of Lufkin Planning staff when changes in this designation will occur.
F.
The Zoning Board of Adjustments and Appeals is authorized to hear and decide appeals of any decision or determination of the Director of Planning and grant a variance to the terms of this Ordinance.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 3 COMPLIANCE.
A.
All landscaping items required by this Ordinance must be in compliance prior to the issuance of a Certificate of Occupancy, where required, or prior to the commencement of use. An Irrevocable Letter of Credit made payable to the City of Lufkin, cashier’s check or money order (in an amount equal to the cost of the landscaping, as calculated by the City Engineer) may serve as a surety in lieu of installation during periods of inclement weather that prevents proper installation of plants (as determined by the City Engineer). After provision of a Letter of Credit, cashier’s check or money order, as required herein, a Temporary Certificate of Occupancy can be issued to the applicant upon written request.
B.
Landscape areas shall be protected from vehicular encroachment, after the construction phase, by appropriate barriers.
C.
Existing trees affected by construction shall be protected by appropriate temporary barricades as approved by the Building Official.
D.
Streams recognized by the approved Federal Emergency Management Agency (FEMA) adopted floodplain map shall be buffered from construction by an Undisturbed Area, except for those changes adopted by a Letter of Map Revision or a Letter of Map Amendment. This buffer area shall be calculated by measurement of a minimum of twenty-five feet (25') from the top of bank on either side of the stream. A regulated stream must comply with the City of Lufkin Floodplain Prevention and Mitigation Ordinance, Number 3897.
E.
There shall be no issuance of a Building or Clearing Permit until the City has received proof of a submitted Texas Commission on Environmental Quality (TCEQ) Storm Water Pollution Prevention Plan (SWPPP), and all TCEQ requirements have been complied with on the property when a SWPPP is required, except as described in Section 2D above. The City of Lufkin Code Enforcement office shall enforce the TCEQ standard when notified of noncompliance by the City Engineer.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 4 TREE PRESERVATION REQUIREMENTS.
A.
A Clearing Permit application for site development shall contain, where applicable, the following information which may be provided, where known, on an aerial map or topographic map:
B.
An owner may begin the clearing of land with an approved Clearing Permit, under the following conditions:
1.
A Clearing Permit will be granted for clearing of land with the restriction that a minimum of five (5) mature trees, six inch (6") in caliper or greater, per each acre of land, are left protected and undisturbed on the property. The five (5) trees to be retained must be shown on the Clearing Permit application. Trees in excess of the five (5) minimum, as described in this section, need to be shown whether they are for site enhancement or for landscape requirements.
Properties that have been cleared of trees without reforestation prior to the passage of the requirements of this Ordinance will have pre-existing, nonconforming status and shall not be required to comply with this Ordinance’s tree preservation requirements.
2.
If the owner contends that the standards in Section 4, B, 1 cannot be met, a Clearing Permit may be granted for clearing of land with the following restrictions:
a.
A development plan is prepared and submitted by a Professional Engineer or submitted to the City Engineer demonstrating in writing that there exist reasons that the clearing of land is required for orderly use, development, or marketing of the property. Reasons for clearing of land must include one or more of the following[:] health, safety, and welfare of the public; sight distance at intersections and driveways; sidewalk requirements; drainage requirements; Federal Emergency Management Agency (FEMA) requirements; Environmental Protection Agency (EPA) erosion control requirements; utility installations; Americans with Disabilities Act (ADA) requirements; Texas Accessibility Standards (TAS); building foundation requirements; slope stability requirements; future requirements or restrictions that may be placed on development by government authority; or
b.
The property owner agrees to mitigate the impact of clearing the land by paying a Tree Removal Mitigation Fee to the City, which shall be used for planting or replacing City trees. The fee will be based on the size of the lot and the number of trees with a six-inch (6") caliper or greater left undisturbed, per acre. Tree size and number must be calculated prior to any work starting. The goal of this requirement is to retain a minimum of five (5) trees per acre. The fee will be $300 per acre (minimum, indexed to the Houston Texas Consumer Price Index).
In those cases where trees have been cut on a site, the trees and harvesting debris shall be removed within three (3) months of their cutting and disposed of in accordance with City of Lufkin ordinances regarding waste and burning, with the exception of land covered by Section 2D. |
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 5 LANDSCAPE PLAN REQUIREMENTS.
A.
The landscape plan which will be used in development of a specific site shall be required and submitted before, or upon, application for a Building Permit. The plan, drawn to scale, shall include:
1.
The location of existing boundary lines and dimensions of the lot.
2.
The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines and any underground utilities. Utilities, for the purpose of this Ordinance, are water, sewer, phone, gas and electric lines.
3.
The location, size, number and type of vegetation of new and existing plant materials.
4.
The location of the proposed water faucet(s) or a notation on the method for irrigation.
5.
A notation of existing development, adjacent land uses and roadways.
6.
Information necessary for verifying if requirements are met or what areas are deficient.
B.
Minor revisions to landscape plans are acceptable if there is no reduction in the quality of plant material or no significant change in size or location of plant materials, and if the new plants are of the same general category and characteristics as the materials being replaced. Proposed materials must also be compatible with the area to ensure healthy plant growth.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 6 DEFINITIONS.
In the event of a dispute, the Director of Planning has the authority to interpret the definition of a word as it relates to this Ordinance. As used herein, the following definitions are applicable:
A protected area extending in a radius no less than the drip line from every protected tree that prevents intrusion by construction equipment, vehicles and people.
A device or treatment, which controls the management, circulation, separation, or direction of traffic. Such treatments include, but are not limited to, wheel stops, raised islands, dividers or barricades.
An earthen mound designed to provide visual interest, screening and/or decrease noise.
The measurement of thickness and internal or external diameters of planted woody plants, measured twelve inches (12") above the root collar.
Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown, which attains a height of at least thirty feet (30').
A property owner, developer, or contractor shall be considered “clearing” land if performing one of the following actions: excavating, grading, regrading, land filling, berming, paving, diking, removing trees, clearing, grubbing, or other earth changes.
Any activity on the property, normally following a Building Permit.
Area of undisturbed natural soil around a tree, defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line.
Areas where the natural ground level has been excavated or fill brought in.
The construction, reconstruction or enlargement of any structure or property.
The Director of Planning and Zoning or designee.
The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground.
Any self-supporting woody plant with at least one (1) well-defined trunk which exists on the lot prior to development.
Any grass species that will attain a thick green cover of turf over the available soil area.
Any woody or herbaceous plant that effectively shades out sod and will not generally reach a height of over two feet (2').
Non-living screening materials such as walls, fences and baffles.
Impervious surfaces are mainly constructed surfaces - rooftops, sidewalks, roads, and parking lots - covered by impenetrable materials such as asphalt, concrete, brick, and stone. These materials seal surfaces, repel water and prevent precipitation and melt water from infiltrating soils.
Any clearing of property that occurs with no distinction made regarding whether any trees on the site could be preserved and incorporated into future development on the site, whether such clearing will alter the stormwater drainage patterns on the site in a way that could be detrimental to the City’s goals for protecting private property from flood damage and runoff, or whether such clearing would be counter to the overall City policies and objectives for planting and protecting trees throughout the City.
Introduced plant species that can thrive in areas beyond their natural range of dispersal. These plants are characteristically adaptable, aggressive and have a high reproductive capacity. Their vigor combined with a lack of natural enemies often leads to outbreak populations.
An area within the boundary of a property which is devoted to and consists of plant material, trees, water forms, planters, brick, stone, aggregate and other features used primarily for landscaping purposes, but not including the use of smooth concrete or asphalt.
The Landscape Site Plan or plan information required to be submitted and approved in accordance with this Ordinance.
Changing, rearranging or adding to the original vegetation or scenery of a piece of land. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
Any self-supporting woody plant with one or more trunks, which attains a height of at least fifteen feet (15').
A development which was lawful prior to the adoption of this Ordinance but fails by reason of such adoption to comply with this Ordinance.
Property improvements that occur as independent developments in a sequential order with each distinct from previous improvements (by time of creation or land use).
Living trees, shrubs, vines, grass, ground covers, flowering annuals, biennials and perennials.
An area prepared exclusively for the location of small decorative arrangements of plant material, often consisting of seasonal flowers.
The clearing of land before issuance of a Building Permit.
The real property included within the boundaries of any lot approved and recorded in the plat records of Angelina County or an unplatted tract or parcel of land as described and recorded in the Real Property Records of Angelina County, Texas.
A tree that has a barricaded area constructed in such a way that the tree is protected from damage due to construction or from normal vehicular movement.
Uprooting, severing the main trunk of a tree, or any act, which causes or may reasonably be expected to cause a tree to die, including without limitation damage inflicted upon the root system by machinery, storage or materials, or soil compaction.
An existing tree, which is maintained in a living and growing condition.
A method of visual shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls and berms or densely planted vegetation.
A woody perennial plant distinguished from a perennial herb by its persistent, woody stem and from trees by a mature height less than fifteen feet (15') and no distinctive elevated crown of foliage.
The area of a lot which lies between the street right-of-way line and the front, side, and/or rear wall building line.
For a new tree, any self-supporting woody perennial plant which attains a diameter of two and one-half inches (2-1/2") trunk diameter of three inches (3") or more [sic] as measured four and one-half feet (4'6") above ground level and normally an overall height of at least twelve feet (12') at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks, as in several varieties of oaks.
The area of a property, which maintains the original natural vegetation including trees, shrubs, grasses, ground cover, and plant materials.
A tree that has no specially constructed protection barriers to prevent damage due to construction or normal vehicular movement.
Ground area of a site that is covered by plants, trees, undergrowth and grasses.
Any type or kind of growing plant material.
A “vested right” is generally the right to initiate or continue a development that is contrary to the restrictions or regulations of a recently enacted zoning or land use regulation. Texas Local Government Code Chapter 245 governs vested rights and creates a regulatory structure where developers and the public can rely upon land use regulations in effect at the time a permit application is filed.
A line extending along the facade of the building(s), parallel to the property line(s) abutting a street right-of-way line. It will be used to determine the overall area, depth and shape of the Street Yard.
Weeds and/or grasses or other uncultivated plants on any premises or right-of-way, which grow in such rank profusion as to harbor reptiles or rodents, or create a fire hazard; and weeds and/or grasses, excluding ornamental grasses, or other cultivated plants on any premises which are permitted to, or do attain a height greater than twelve inches (12").
An area designed and developed for minimal water usage.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 7 LANDSCAPE AREA AND LOCATION REQUIREMENTS.
A.
Landscape Area Requirements
1.
The landscaping area requirement shall be determined by the total lot square footage less the following exempted areas:
2.
The minimum area of landscaping required shall be ten percent (10%) of the total lot area, except for lots zoned “Light Manufacturing” or “Heavy Manufacturing” which shall be required to have an area that is five percent (5%) of the total lot area.
3.
Each existing tree, which is maintained in a living and growing condition, may be credited (for a single credit) towards the required landscape area according to the following schedule:
Existing/Planted Tree Saved of | Credit |
|---|---|
10" - 12" Caliper | 200 Square feet of Landscaped Area |
13" or greater Caliper | 250 Square feet of Landscaped Area |
4.
Within the required landscape area, a minimum of one (1) tree per five hundred (500') square feet, or fraction thereof, shall be required. Trees planted in order to satisfy this requirement shall have a minimum caliper of two and one-half inches (2-1/2") or greater.
a.
Each existing tree which is maintained in a living and growing condition may be credited towards the number of required trees.
b.
The use of the tree credit provisions below is not intended to promote the removal of all or a majority of the trees on a site with retention of only the minimum number of mature trees per acre. It is provided as a means of preserving a variety of tree sizes. In development of a site for future use, retention of existing trees in a mature stage is preferred over planting of new trees.
c.
Retention credits are provided according to the following schedule:
Existing One Tree Saved of: | Credit |
|---|---|
6" - 9" Caliper | 3 Trees |
10" - 12" Caliper | 4 Trees |
13" or greater Caliper | 5 Trees |
5.
Within the required landscape area, a minimum of one (1) shrub per two hundred (200') square feet, or fraction thereof, shall be required. Shrubs planted in order to satisfy this requirement shall be a minimum size of two (2) gallons or greater. Ten (10) shrubs shall be equivalent to two hundred and fifty (250') square feet of ground cover.
6.
Each existing tree or newly planted tree which is maintained in a living and growing condition may be credited towards the required number of shrubs according to the following schedule:
Existing/Planted One Tree Saved of: | Credit: |
|---|---|
(2-1/2") - 6" Caliper | 4 shrubs |
7" - 9" Caliper | 6 shrubs |
10" - 12" Caliper | 8 shrubs |
13" or greater Caliper | 10 shrubs |
7.
Twenty percent (20%) of the required landscape area (including within that area twenty percent (20%) of the required trees) shall be planted within the Street Yard. Modification to the placement standard is permitted where placement of landscaping would interfere with the use or maintenance of a dedicated utility easement.
8.
Parking lot requirements may be offset by exceeding landscaping requirements at a ratio of one (1) stall reduced for each extra five hundred square feet (500') of area of landscaping.
9.
The site plan for a development, in which the minimum landscape area and tree requirements of this Ordinance are exceeded by enhanced designs that include, but are not limited to, either planted ground cover beds, theme landscape features or water features incorporated within the landscaping may be substituted for the Ordinance’s minimum requirements. The Director of Planning shall review the site plan to determine that it meets the intent of the Ordinance.
B.
Landscape Location Requirements
1.
For a lot abutting a street, a minimum of twenty percent (20%) of the landscaped area must be planted as a landscaped area on the Street Yard side of the property. On properties with multiple Street Yards, a minimum of fifty percent (50%) of this requirement shall apply to the side of the property that is the physical address. The remaining square footage of landscaped areas shall be reasonably dispersed. Upon written application of the owner of the development, the distribution of landscaping may be amended in order to ensure the maximum benefit of the required landscaping.
2.
Trees planted in the Street yard must be planted uniformly, in such a way that:
3.
Any surface of the Street Yard not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with sod or other ground cover.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 8 ISLAND LANDSCAPING.
Landscape islands placed in parking lots in excess of thirty (30) spaces may replace parking ratio requirements. The reduction of parking stalls shall be at a ratio of one stall reduction for each area of consolidated landscaped island comprised of a minimum of five hundred square feet (500') of live landscaping materials including one (1) tree and one (1) of the following: shrubs, turf or planted ground cover. Ground cover and shrubs may not exceed three feet (3') in height at maturity.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 9 REDUCTION IN REQUIRED LANDSCAPE AREAS.
The following options can reduce required landscape areas:
A.
Phased Development.
Each phase of a phased landscape project shall comply with this Ordinance. Phase lines shall be shown on the landscape plan.
B.
100-Year Floodway and Detention Areas.
On sites where a floodway exists, the 100-Year Floodway area will be subtracted from the total lot area when calculating landscape requirements. Trees, shrubs or ground cover in this area may be applied in meeting the landscaping requirements for the development of the property. The plants in this area must be protected for current and future periods. On sites where detention is required by the City of Lufkin for development, the detention area will be subtracted from the total lot area when calculating landscape requirements. The City Engineer must approve placement of landscaping in detention areas if landscaping is voluntarily incorporated into a detention area. Trees, shrubs or ground cover in this area may be applied in meeting the landscaping requirements for the development of the property. The City Engineer shall evaluate the adequacy of proposed exclusions for floodway and detention areas.
C.
Undisturbed Areas.
On sites that contain an Undisturbed Area; the area will be subtracted from the total lot area of the site when calculating landscape requirements. Undisturbed Areas that exceed the minimum required landscape area, may be credited toward (used in lieu of) the required landscape up to a maximum of eighty percent (80%). The remaining twenty percent (20%) of required landscape shall be located in the Street Yard(s). All remaining Undisturbed Area, after claiming a landscape credit, may be used for a reduction in required parking not to exceed ten percent (10%) of the total parking required. Required parking credits will be awarded based on a ratio of one (1) space per five hundred (500) square feet of Undisturbed Area. The same quantity of Undisturbed Area may not be used for both a reduction in landscape and parking. No building permit shall be issued for development within the Undisturbed Area if plants in this area are used for meeting landscape requirements.
D.
Alternative landscape designs.
Alternative landscape designs that exceed the minimum requirements, as determined by the Director of Planning, may be used for a reduction in required parking not to exceed ten percent (10%) of the total parking required. Parking reductions from alternative landscape designs will qualify at a ratio of one (1) space for every five hundred (500') square feet of landscape area exceeding the minimum requirements.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 10 IRRIGATION REQUIREMENTS.
Every development will provide an irrigation system following the standards below, excepting C:
A.
Conventional System of an automatic, underground irrigation systems which may be a conventional spray or bubbler type head.
B.
Drip or Leaky-Pipe System, such as an automatic underground irrigation system in conjunction with a water-saving system such as a drip or a leaky-pipe system.
C.
Areas of Xeriscape. Temporary and Above-Ground Watering can be used for xeriscaped landscape areas using drought resistant plants and installation techniques, including areas planted with native grasses, wildflowers, and trees. Those trees within parking lots or adjacent to parking lots where root health may be impacted must have, at a minimum, a water source consisting of a hose bib accessible to each area.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 11 MAINTENANCE AND REPLACEMENT.
The owner, or agent shall be responsible for the maintenance, and replacement when required, of all landscaping including preservation trees, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and shall be kept free from refuse and debris. Any plant that dies should be replaced with another living plant that complies with the approved landscape plan within sixty (60) days (season permitting) after death or notification by the City.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 12 NONCONFORMING USES.
A.
Land that is under lawful development or has vested rights (as referenced in the Texas Local Government Code Chapter 245) at the effective date of this Ordinance, or that is under lawful development or has vested rights at the effective date of annexation of the land, will have a grandfathered, pre-existing, nonconforming status with respect to the requirements herein. Claims of development or vested rights must be submitted in writing to the Director of Planning within one hundred, eighty (180) days of enactment of this Ordinance to determine whether vested rights exist. If such rights are not recognized by the City, the owner may appeal to the Zoning Board of Adjustments and Appeals. The City or Board may grant vested rights with terms of usage requirements.
B.
Any land that is annexed and where no lawful development has occurred, must comply with the requirements of this Ordinance upon development of the land and will not be granted nonconforming status with respect to the requirements of this Ordinance. Claims of development or vested rights (as referenced in the Texas Local Government Code Chapter 245) must be submitted in writing to the City of Lufkin within one hundred, eighty (180) days of enactment of this Ordinance to determine whether vested rights exist. If such rights are not recognized by the City, the owner may appeal to the Zoning Board of Adjustments and Appeals. The City or Board may grant vested rights with terms of usage requirements.
C.
If a property does not conform to the landscape requirements stated herein at the time of adoption of this Ordinance, the property shall have nonconforming status unless a structure on the property is increased by greater than twenty-five percent (25%) of the original structure existing on the site.
D.
Property covered with impervious materials over ninety percent (90%) of the site area at the time of adoption of this Ordinance shall be exempt from the requirements listed herein. Removal of one hundred percent (100%) of the impervious material for new construction purposes shall terminate the property’s exemption. Owners may meet with Planning staff prior to excavation to receive assistance in determining compliance requirements. This paragraph does not apply to the improvement or maintenance of paving or parking lots.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 13 VIOLATION, PENALTY AND ENFORCEMENT (AFTER THE EXHAUSTION OF ALL ADMINISTRATIVE APPEALS).
A.
Upon receipt of a complaint, the City will investigate the complaint and determine whether a violation of the Ordinance exists. If a violation exists, and where all applicable Board of Adjustments and Appeals procedures have been taken, the City will inform the owner of the property and give the owner a reasonable amount of time in which to comply with the Ordinance. The notice will be accompanied by a request for a voluntary good faith meeting with the owner to attempt resolution of the violation prior to further enforcement.
B.
The Notice of Noncompliance to the owner shall be in writing, include a statement of the reason for its issue, allow a specific, reasonable time for the performance of the act required and be served upon the owner, or agent responsible for the property, by certified mail, return receipt requested. The notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance. At the end of that curative period as noted above, the City shall whether compliance exists. If compliance still does not exist, the person, firm, or corporation remaining in violation of any of the provisions or terms of this Ordinance shall be guilty of a Class C misdemeanor, and upon conviction shall be punished by a fine not to exceed the sum of $500 for each offense, and each and every day such violation shall continue to exist shall constitute a separate offense.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 PURPOSE.
The purpose of this section is to provide basic uniform sign standards which promote a positive city image, reflecting a consistent design and uniformity for signs, protecting the cultural and economic strengths of the City of Lufkin.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010; Ordinance 4730 adopted 10/16/2018)
§ 2 ALL SIGNS.
All signs may be converted from static messages to an electronic format providing the conversion complies with the limitations on Off-Premises signs described herein.
(Ordinance 4730 adopted 10/16/2018)
§ 3 OFF-PREMISES SIGNS.
Off-Premises signs must meet all Federal, State and City of Lufkin requirements. Signs are only permitted On-Premises unless approved under the following conditions:
A.
Relocation of Existing Off-Premises Signs from the Designated Lufkin Main Street Area:
Permitted with consideration of the Planning and Zoning Commission and the approval of the City Council. Off-Premises Signs, under this provision, shall allow for the permitted relocation of existing Off-Premises signage currently existing within both the official Main Street District (MSD) as adopted by the City Council and the “CB - Central Business” District to areas which have the zoning classification of “HM - Heavy Manufacturing” or “LM - Light Manufacturing”. All Off-Premises signs, under this provision are as listed:
All Off-Premises Signs Considered for Relocation from the Lufkin Main Street Area | ||||
|---|---|---|---|---|
Location | Max. Face Size (in sq. ft.) | Number of Faces | Overall Height (Ft.) | |
1 | Corner of First and Denman | 576 per Face | 2 | 55 |
2 | On Lufkin Ave. Directly across from Downtown Post Office | 640 per Face | 2 | 50 |
3 | On South side of Frank St. just East of Billy Lee, Locksmith | 640 per Face | 2 | 45 |
4 | On South side of Frank St. just West of Billy Lee, Locksmith | 576 per Face | 4 | 55 |
5 | On South side of Frank St. 1/2 blk West of Billy Lee, Locksmith | 640 per Face | 2 | 80 |
6 | On North side of Frank St. just across from Billy Lee, Locksmith | 128 One Face | 1 | 16 |
7 | On North side of Frank St. across from Billy Lee, Locksmith | 640 One Face | 1 | 50 |
This relocation provision allows for a one-for-one ratio based on the square footage of the sign removed. Provisions for square footage are limited to the area of the sign in its original location within the Main Street area. The replacement sign is prohibited from increases in height (measured from grade) when compared with the original sign and in no case shall be taller than 80 feet (measured from grade). At the time of removal of the sign in the Main Street District and Central Business District, a new sign must be completely installed at the approved location within 6 months from the date of issuance of a sign permit for the new sign or all rights are lost for replacement of the original sign. A sign permit for the new relocated sign must be applied for at the time of relocation. A demolition plan must also be supplied at the time the sign permit is applied for with Inspection Services. This relocation provision ends all removal, relocation and replacement rights related to the original sign.
B.
Billboards, general:
Only permitted with the consideration of the Planning and Zoning Commission and the approval of the City Council by issue of a Special Use Permit (Refer to Article XVIII, Special Uses) within the “HM - Heavy Manufacturing” and “LM - Light Manufacturing” Zoning Districts when a sign is being removed from the Main Street area within the “CB Central Business” Zoning District.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010; Ordinance 4730 adopted 10/16/2018)
§ 1 Bed and Breakfast Home.
In all districts:
A site plan to scale shall be presented when application is made for a Bed and Breakfast showing required off-street parking spaces, driveways, sidewalks, and any other paving, and the floor plan of the residence showing bedrooms to be used for public accommodation, entries and exits. The applicant shall submit three photographs of the existing residence; a picture of the front of the property showing the property from the street to the front of the residence; and a view from each side property line showing the property from the property line to the residence. | |
A detailed site plan showing specific measures of the residence shall be included. | |
The Bed and Breakfast must be owner occupied. Employees are permitted from outside the home for assistance with laundry, lawn care, cleaning, cooking, and other related support services. | |
The site shall be designed to maintain appearance, character, and integrity of the property consistent with the surrounding property, as evaluated consistent or inconsistent by the Planning and Zoning Commission and approved or disapproved by the City Council. | |
The Bed and Breakfast shall be limited to a total of 15 guests per night. | |
The term of stay shall not exceed seven consecutive days. The owner of the Bed and Breakfast shall keep a registry of all guests. | |
The will be no outdoor retail sales allowed including vending machines. | |
Number of Guest Rooms: A maximum of five guestrooms may be provided in any one Bed and Breakfast Home. | |
Health Factors: | |
A. | The owner of the facility shall provide adequate heating, air conditioning, ventilation and lighting; provide adequate hot and cold water; provide adequate sewage disposal; maintain the outside area in a clean and sanitary manner; maintain the structure(s) in suitable state of repair; and properly clean the premises and facilities during the guest’s stay and after each guest has departed. |
B. | Guests shall not cook in bedrooms. |
Parking and access: | |
A. | Parking shall meet the guidelines listed in the Schedule of Permitted Uses, with the addition of one space. |
B. | All parking areas on property (except driveways) shall be behind building lines and must be screened from the view of adjacent residences to a height of six feet by a solid screening fence or dense shrubs or vegetation. |
C. | Recreational vehicles, trailer homes, campers, and utility trucks exceeding seven-foot height, seven-foot width, or 20-foot length may not be parking [parked] by the owners or occupants of a Bed and Breakfast Home on the premises or the street. |
D. | Emergency vehicle access should be provided, where feasible, on two sides of the structure satisfactory to the Fire Department. |
In Residential Districts the following limitations apply in addition to the restrictions noted above in the “In all districts” section.
Number of Guest Rooms: A maximum of five guest rooms may be provided in any one Bed and Breakfast Home. | |
Management: The owner of the Bed and Breakfast Home must be a full-time resident of the dwelling in which the Bed and Breakfast is housed. | |
Parties and Public Events: A Temporary Use Permit, which can be obtained through application to the Planning and Zoning Office, is required for any party, reception, event or similar function that is anticipated to draw more than 15 total guests (including overnight guests) to the Bed and Breakfast. A gathering must end at 9:00 P.M. on Sunday through Thursday and at 11:00 P.M. on Friday and Saturday. Parties, receptions, events or similar functions, subject to the Temporary Use Permit provision, shall be limited to a total of twelve (12) such functions per calendar year. Temporary Use Permit Events are not restricted to a one meal limitation. | |
Structural/Site Requirements: | |
A. | Age of structure: Bed and Breakfast Homes are preferred in structures 50 years of age or older, or of recognized historic or architectural significance. |
B. | No alteration to the exterior of any structure (except for maintenance purposes) shall be permitted, unless, such alteration is for the purpose of restoring an identifiable historic or architectural feature. |
C. | Basements, garage apartments and guesthouses can be rented in conjunction with the guidelines for a Bed and Breakfast Home. Existing garages cannot be converted and must be provided as parking for the resident owner. |
D. | No exterior evidence of the Bed and Breakfast Home shall be allowed, except by Temporary Use Permit Events and signs. |
Sign Requirements: One non-lighted sign of not more than 20 square feet may be either attached to the building or when detached, no more than four feet in height measured from grade. | |
Other Requirements: If a swimming pool is on the property, no person shall occupy the pool between the hours of 10:00 P.M. and 10:00 A.M. | |
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Single-Family and Duplex Industrialized Housing.
(a)
Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.
(b)
For purposes of this section, single-family or duplex industrialized housing is real property.
(c)
Any industrialized housing shall:
(1)
have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the County;
(2)
have exterior siding, roofing, roof pitch, foundation, fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
(3)
comply with building setbacks, side and rear yard setbacks, subdivision control, square footage, and other site requirements applicable to single-family dwellings; and
(4)
comply with building setbacks, side and rear yard setbacks, subdivision control, square footage, and other site requirements applicable to dwellings in the Duplex zoning district; and
(5)
be securely fixed to a permanent foundation.
(d)
For purposes of subsection (c), “value” means the taxable value of the industrialized housing and lot after installation of the housing.
(e)
Any owner or authorized agent who intends to construct, erect, install, or move any industrialized housing into the City shall first make application to the building official and obtain the required permits. The permit shall include a plot plan and addendum detailing compliance with the requirements for regulation of single-family and duplex industrialized housing of Zoning Ordinance 3368 as amended. In addition to any other information otherwise required for said permits, the application shall:
(1)
identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county;
(2)
describe the exterior siding, roofing, roof pitch, foundation, fascia, and fenestration for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;
(3)
describe the permanent foundation and method of attachment proposed for the industrialized housing;
(4)
state the taxable value of the industrialized housing and the lot after installation of the industrialized housing; and
(5)
indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.
(f)
A person commits an offense if the person:
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)
§ 1 Single-Family Residential Housing Built Within Non-Residentially Zoned Property.
All single-family residential housing built within non-residentially zoned property, (excluding PUD), shall conform to the building requirements of the adjacent most restrictive single-family zoning district as it relates to yard requirements and minimum required living area.
(Ordinance 4817 adopted 7/7/2020)
§ 1 Compliance and Maintenance.
The owner, its agents and representatives shall operate the Park in compliance with this ordinance and other applicable ordinances and shall provide adequate supervision to maintain the Park, its facilities and its equipment in good repair and sanitary condition.
No recreational vehicle shall remain at a site in excess of ninety (90) consecutive days. The owner is responsible for ensuring that occupants do not exceed a maximum of ninety (90) consecutive days. The owner is required to have documentation available for inspection at all reasonable times by an official of the City detailing occupant lot and space number, name, license plate number, and arrival/departure dates.
The recreational vehicle park facility shall not provide or be used as the permanent address for any units and mailboxes shall not be provided for units.
Current recreational vehicle registration and inspection is required for the state for which the owner resides.
Park design shall to be approved by the Fire Marshall in order to meet all life/safety requirements.
§ 2 Minimum Park Size, Setbacks, and Landscaping.
Minimum Park Size is 1 acre or 43,560 sq. ft.
A minimum of twenty (20) foot setback from property line shall be required for all yards (including front, side, and rear).
Minimum landscape and tree preservation standards are required to be met.
§ 3 Safety and Lighting Standards.
Park must be located where adequate roadways for maneuvering of large vehicles are available.
All recreational vehicle spaces or pads shall display numbers of standard size and placement to facilitate location by emergency vehicles. The numbers designating each space or pad shall be visible from drive aisles.
All drives aisles and walkways shall include permanent lighting that provides average illumination level of not less than 0.2 footcandles.
§ 4 Parking, Drive Aisles, and Circulation Standards.
All driving and walkway surfaces shall be asphalt or concrete paving.
1.5 parking spaces per recreational vehicle site.
Drive aisles shall be twenty (20) foot wide for one-way traffic and twenty-four foot (24) wide for two-way traffic. Aisle width may require modification depending on design.
All drive aisles must have interfaces (no dead ends) and have turn radii thirty (30) feet or greater.
§ 5 Unit and Pad Standards.
Recreational vehicle pads shall be constructed from asphalt or concrete paving and be a minimum of 600 square feet with a minimum width of twelve (12) feet and a minimum depth of forty-two (42) feet.
Minimum separation between recreational vehicle sites is thirty-five feet (35) and will be measured from single use pedestal to single use pedestal.
Pads must be angled between (45°) and (60°).
§ 6 Recreation, Waste Removal, and Common Area Standards.
A minimum of 2,000 Sq. Ft. of recreation area, including recreation equipment, shall be provided per fifteen (15) recreational vehicle sites. Areas may consist of playgrounds, picnic/pavilion areas, and game areas (e.g. volleyball courts, swimming pool, etc).
A sewer dump station must be located close to the point of egress for the recreational vehicle park unless sewage connections are provided at each individual recreation vehicle site.
Parking must be provided per the Schedule of Permitted Uses within the Zoning Ordinance for those individual uses included in the common building, i.e. Office (1 space: 300 sq. ft), General Store (1 space: 200 sq. ft.), Indoor Recreation (1 space: 200 sq. ft.), and 2 spaces per caretaker’s residence).
An adequate pedestrian crossing shall be provided linking the parking area to common buildings.
Pedestrian walkways must be provided connecting recreation, restrooms, and laundry facilities.
One dumpster shall be provided per twenty-five (25) recreational vehicle sites in a centrally located area. An enclosure (per City specification) is required.
Restrooms shall be provided for patron use in a common structure at a ratio of one men’s restroom and one women’s restroom per thirty (30) recreational vehicle sites. For example, 1 to 30 recreational vehicle sites require one men’s restroom and one women’s restroom, 31–60 recreational vehicle sites require two men’s restrooms and two women’s restrooms.
(Ordinance 4905 adopted 9/21/2021)
§ 1 [Location.]
No electronic cigarette or vape retail store shall be located within one thousand feet (1000') of a residential use or residential district or within one thousand feet (1000') of any location as defined in City of Lufkin Ordinances [sic] Section 4.10.061(b)(1) through (6) or within one thousand feet (1000') of another vape shop or vape retail store.
(Ordinance 448 adopted 8/19/2025)
§ 2 [Nonconforming use.]
Any vape shop or vape retail store operating as of the effective date of this ordinance [Ord. 448 adopted 8/19/2025], which is determined to be in violation thereof, shall be classified as a legal nonconforming use. Such nonconforming use may continue to operate unless earlier terminated due to any cause, including but not limited to the cessation of business operations for a continuous period of six (6) months or longer. In the event that the business discontinues operations for six months (6) or longer, the nonconforming status shall be deemed forfeited, and the use shall no longer be permitted. Thereafter, any continued operation shall be required to conform in all respects to the provisions and requirements set forth in this ordinance [Ord. 448 adopted 8/19/2025].
(Ordinance 448 adopted 8/19/2025)
§ 3 Exception.
This section does not apply to grocery stores, department stores or convenience stores in which the sale of electronic cigarettes, vapes, vaping products, vaping juice, e-liquid, vaping paraphernalia and accessories are less than fifty percent (50%) of annual gross sales.
(Ordinance 448 adopted 8/19/2025)