HomeMy WebLinkAboutOrdinance - 2018-O0066 Rural Residential Zoning - Amending Chapter 40 - 05/24/2018First Reading
May 24, 2018
Item No. 6.6
ORDINANCE NO. 2018-00066
Second Reading
June 14, 2018
Item No. 7.12
AN ORDINANCE AMENDING CHAPTER 40, "ZONING," OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING DIVISION 2A,
"RR" RURAL RESIDENTIAL AS A ZONING DISTRICT, WITH SAID DIVISION 2A
TO BE NUMBERED 40.03.150 THROUGH 40.03.162; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS TO ADD THE RR ZONING
DISTRICT TO ALL APPROPRIATE PROVISIONS IN THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK THAT RELAT TO THE "RR" RURAL
RESIDENTIAL DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATION CLAUSE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning & Zoning Commission of the City of Lubbock, Texas (the
"Commission"), during its meeting on May 3, 2018, found that it is in the best interest of the
citizens of the City of Lubbock to add RR Rural Residential District to Chapter 40 of the Code
of Ordinances of the City of Lubbock (the "Code"); and
WHEREAS, the Commission unanimously recommends that the City Council of the City of
Lubbock, Texas (the "Council") amend Chapter 40 of the Code to account for the
Commission's approved amendment; and
WHEREAS, the Council finds and determines that it is in the best interest of the health, safety,
and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the Code by adding
RR Rural Residential District as a zoning district and to amend all applicable parts of the Code
to account for the new zoning district; and, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 40.01.003(2) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(2) Accessory: A subordinate use or building customarily incidental to and located
on the same lot with the main use or building, and which is reasonably necessary and
incidental to the conduct of the primary use of such building or main use. See
Incidental Use definition."
SECTION 2. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(7a), which said section reads
as follows:
"(7a) Agricultural Animal Husbands y: The breeding, judging, care or production of
farm animals, including animals raised for a program of the Future Farmers of America
(FFA) or similar educational programs, with such breeding, judging, or care being
subject to all applicable portions of this Code."
Chapter 40 —Additions & Amendments for RR Zoning District Page 1
SECTION 3. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(7b), which said section reads
as follows:
"(7b) Agricultural Field Crops or Orchards: The product of, and an area used for,
the growing of farm products, vegetables, fruits, flowers, trees, or grain including
incidental or necessary accessory structures or uses for raising, treating, and storing
products raised on the premises, but not including the commercial feeding of offal and
garbage to swine or other animals and not including any type of agricultural animal
husbandry as specifically defined in this Chapter."
SECTION 4. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(7c), which said section reads
as follows:
"(7c) Animal Feeding Lot: Any type of animal feeding operation which is used for
the primary purpose of the mass feeding of livestock prior to slaughter, including beef
cattle, swine, horses, sheep, turkeys, chickens, or ducks."
SECTION 5. THAT Section 40.01.003(8) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(8) Animal Unit: The measurable division of animals on a parcel or lot of land,
with such division being measured as follows: one (1) Animal Unit shall equal one (1)
Cow, Horse, Mule, Donkey, or similar large animal as determined by the Planning
Director; one half ('/2) of an Animal Unit shall equal one (1) Sheep, Goat, or similar
medium-sized animal as determined by the Planning Director; and, one quarter (%4) of
an Animal Unit shall equal one (1) Poultry, similar bird, or small animal as determined
by the Planning Director. No type of swine shall be included as an Animal Unit."
SECTION 6. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(34a), which said section
reads as follows:
"(34a) Bulk Grain or Feed Storage: The storage of, and the area used for the storage
of, corn, grain, or other types of food for animals and livestock, excluding commercial
feeding pens."
SECTION 7. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(41a), which said section
reads as follows:
"(41 a) Community Garden: An area of land managed and maintained by a group of
individuals to grow and harvest food or horticultural products for personal or group
consumption or for sale or donation."
Chapter 40 —Additions & Amendments for RR Zoning District Page 2
SECTION 8. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(44a), which said section
reads as follows:
"(44a) Crop Production: Growing crops for use as food, fiber, cultivation, or other
purpose."
SECTION 9. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(65a), which said section
reads as follows:
"(65a) Farm (Ranch. Livestock): An area used for the raising of farm animals for
noncommercial or educational purposes (including the National Future Farmers of
America Organization (FFA), 4-14, and other similar programs), with such farm
animals including horses, cattle, sheep, and other similar animals, and including the
necessary accessory uses for raising, grazing, pasturing, treating, or storing farm
animals on the premises, but not including the commercial feeding of offal or garbage
to swine or other animals and not including any type of husbandry specifically
prohibited by ordinance or law."
SECTION 10. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(65b), which said section
reads as follows:
"(65b) Farm Accessory Building: A structure used in conjunction with the primary use
of a farm such as a barn, stable, pen, equipment building, or silo."
SECTION 11. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(67a), which said section
reads as follows:
"(67a) Feeding PenlFeed Lot: An enclosure for the feeding, watering, resting, or other
type of use of livestock."
SECTION 12. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(69a), which said section
reads as follows:
"(69a) Game Farm: A farm where a variety of wild animals are kept or bred, often
with facilities for visitors to observe or hunt the animals."
SECTION 13. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(76a), which said section
reads as follows:
Chapter 40—Additions & Amendments for RR Zoning District Page 3
"(76a) Grain Mill: A building and the equipment used for grinding grain into flour,
including a corn mill, flour mill, or other similar type of mill."
SECTION 14. THAT Section 40.01.003(77) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(77) Greenhouse or Plant Nursery, Non-commercial: A structure consisting of
glazed frames or sashes, often artificially heated, used for the purpose of cultivating
plants too tender to endure open air, or a structure or area used for the purpose of
cultivating and growing plants and trees."
SECTION 15. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(81a), which said section
reads as follows:
"(81a) Hatchery, Poultry: A structure or area in which the hatching of poultry eggs is
artificially controlled for commercial purposes, and is a part of the process of raising
domestic fowl for the production of meat or eggs, or for sale, with domestic fowl
including chickens, turkeys, geese, ducks, or other similar type of bird."
SECTION 16. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(81b), which said section
reads as follows:
"(81b) Horticulture: The cultivation of a garden, orchard, or plant nursery that
includes flowers, fruits, vegetables, or ornamental plants."
SECTION 17. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(85a), which said section
reads as follows:
"(85a) Indoor Crop Production or Farming: A method of growing crops or plants,
usually on a large scale, entirely indoors, often implementing growing methods such
as hydroponics and utilizing artificial lights to provide plants with the nutrients and
light levels required for growth."
SECTION 18. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(86b), which said section
reads as follows:
"(86b) Irrigation Intake or Pump: A system, structure, or pumping station used to
direct water from a source, such as a reservoir or a river, into an irrigation system."
SECTION 19. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(90a), which said section
reads as follows:
Chapter 40 —Additions & Amendments for RR Zoning District Page 4
"(90a) Livestock Auction or Wholesale Sales: A place of business to which the public
may consign livestock for sale by auction, public bidding, or on a commission basis."
SECTION 20. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(121 a), which said section
reads as follows:
"(121a) Poultry: A Domestic fowl, including a chicken, turkey, goose, pigeon, guinea
fowl, quail, ostrich, emu, or other similar type of bird, raised for the production of meat
or eggs, or for sale."
SECTION 21. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(171a), which said section
reads as follows:
"(171a) Single Family Dwelling, Large Lot: A residential structure intended for single
family use as the primary use or incidental to the operation of a farm, ranch, orchard,
or similar agricultural use."
SECTION 22. THAT Section 40.01.003(176) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(176) Stable or Riding Facility, Commercial: A facility used for the rental of horse
or mule stall space; for the sale or rental of horses or mules; or, for horseback riding,
training, competition, or lessons."
SECTION 23. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(176a), which said section
reads as follows:
"(176a) Stable or Riding Facility, Private: A non-commercial building, commonly
divided into separate stalls for individual animals, used for the use of the owner to keep
or ride horses."
SECTION 24. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(193a), which said section
reads as follows:
"(193a) Wildlife Sanctuary: A protected area or a geographic territory within which
wildlife is protected from hunting, predation, competition, or poaching."
SECTION 25. THAT Section 40.01.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.01.003(197a), which said section
reads as follows:
Chapter 40 — Additions & Amendments for RR Zoning District Page 5
"(197a) Woodland Preserve: An area where low -density, forest forming open habitats,
with an understory of shrubs and herbaceous plants including grasses, are maintained
and preserved."
SECTION 26. THAT Section 40.02.055(b)(4) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(4) Permit the use of property in the "RR," "R-1," "RAA," or "R-2" Districts
adjacent to the "R-3," "A," "C," or "M" Districts, even if separated therefrom by an
alley or by a street, for the parking of passenger cars under such safeguards and
conditions of the setback requirements of the more restricted property, provided no
other business use is made of such property, and further provided that such parking
area shall not extend a greater distance than two hundred (200) feet from the "R-3,"
"A," "C," or "M" Districts."
SECTION 27. THAT Section 40.02.055(b)(17) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(17) In the "RR," "R-1," "R-IA," or "R-2" Districts, permit as an accessory use to
an owner occupied structure, the use of an accessory living unit which was converted
to a secondary living unit prior to November 20, 1980, that is not eligible for
registration as a legal nonconforming apartment."
SECTION 28. THAT Section 40.03.001 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The City of Lubbock is hereby divided into classes of use districts termed
respectively:
DH Design -Historical (Reserved)
T Transition District
RR Rural Residential
R-1 Single -Family District
R-lA Reduced Setback Single -Family District
R-2 Two -Family District
A-1 Family Apartment District
A-2 High -Density Apartment District
A-3 High -Rise Apartment District
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R-3
Multi -Family District
AM
Apartment -Medical District
GO
Garden Office District
CA
Commercial -Apartment District
C-1
Neighborhood Service District
C-2A
Restricted Local Retail District
C-2 Local Retail District
C-3 General Retail District
CB Central Business District (Reserved)
C-4 Commercial District
IPD Industrial Park District
M-1 Light Manufacturing District
M-2 Heavy Manufacturing District
IHO Interstate Highway Office District
IHC Interstate Highway Commercial District
IHI Interstate Highway Industrial District
SU Specific Use District"
SECTION 29. THAT Section 40.03.002(e)(1) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(1) The triplicate original zoning map kept permanently under seal as provided by
subsection 4.1 of the Zoning Ordinance No. 1695 of the City of Lubbock and dated
April 6, 1955, shall be retained for reference purposes and shall remain hanging in
some convenient place in city hall for the use and benefit of the public and shall bear
its original color legend which is as follows:
Zoning District Shade or Color
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Page 7
RR Light Yellow
R-1 Medium yellow
R-lA Yellow with diagonal lines
R-2 Light orange
A-1 Turquoise
A-2 Light green
R-3 Medium brown
A-3 Dark green
AM Medium blue
C-1 Light red
C-2A Lavender
C-2 Dark orange
C-3 Medium red
C-4 Dark red
IPD Black
M-1 Dark gray
M-2 Purple
SECTION 30. THAT Section 40.03.002(e)(2) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(2) A new triplicate original zoning map shall be permanently sealed for
preservation and is never to be changed in any manner and shall be hung in
some convenient place in city hall for the use and benefit of the public; one
other new triplicate original shall be hung in the office of the planning and
zoning commission; the remaining new triplicate original shall be hung in the
office of the building inspector of the City of Lubbock for the use and benefit
of the public. A new color legend is hereby adopted for each of the said new
triplicate original maps, which shall be as follows:
Chapter 40 — Additions & Amendments for RR Zoning District Page 8
Zoning District Shade or Color
T
Overlay pattern
DH
Overlay pattern
RR
Light Yellow
R-1
Medium yellow
R-1 A
Yellow with diagonal lines
R-2
Light orange
A-1
Turquoise
A-2
Medium green
R-3
Medium brown
A-3
Dark green
AM
Medium blue
GO
Dark blue
CA
Cerise
C-1
Magenta
C-2A
Lavender
C-2
Light red
C-3
Medium red
CB
Overlay pattern
C-4
Dark red
IPD
Dark gray with overlay pattern
M-1
Dark gray
M-2
Purple
Chapter 40 —Additions & Amendments for RR Zoning District
Page 9
IHO Overlay pattern
IHC Overlay pattern
IHI Overlay pattern
SU Overlay pattern"
SECTION 31. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended
by adding a Division 2A to Chapter 40, to be numbered 40.03.150 through 40.03.161, which
said division reads as follows:
"Division 2A. "RR" Rural Residential District
See.40.03.150 Purpose
The purpose of this district is to provide for the continued use of land for agricultural
purposes, and to accommodate and protect single-family residential estate
development at a rural density. This district is intended to be used for areas of existing
estate homes, in areas to be reserved for estate home development, in areas where
agricultural uses are to be retained.
Sec. 40.03.151 General provisions
(a) Single-family dwelling units constructed in this district shall comply with the
regulations provided for in this division.
(b) No business shall be permitted in this district except as provided for in this
division and in the "specific use" division 27 of this article.
(c) No use shall be permitted in this district which is or could be injurious or which
would interfere with the reasonable use and enjoyment of property by reason of the
emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by
reason of any condition which would amount to a public nuisance at common law.
(d) Intermodal shipping containers, as separate structures or as a component to a
structure, are prohibited for use within a district zoned as "RR".
Sec. 40.03.152 Permitted uses
Permitted uses in this district are the following:
(1) Accessory building, subject to all other requirements of this division as
follows:
Chapter 40 —Additions & Amendments for RR Zoning District Page 10
(A) Temporary construction or field sales office, provided said
structure is approved by the administrator. Said structure to be
removed after ten-day written notice from the administrator;
and
(B) Private garage, toolhouse, greenhouse, storage house, or
poolhouse.
(2) Agricultural Animal Husbandry.
(3) Agricultural Field Crop or Orchard.
(4) Antenna, tower, or alternative tower structure other than a radio,
television, or microwave broadcasting or transmitting antenna or
facility, only when the antenna is co -located on an existing tower or
does not add more than twenty (20) feet to the height of an existing
alternative tower structure.
(5) Bulk Grain or Feed Storage.
(6) Community Garden.
(7) Crop Production.
(8) Day nursery, provided the residence is owner -occupied and not more
than six (6) children are kept at any one time.
(9) Farm (Ranch, Livestock).
(10) Farm Accessory Building.
(11) Feeding Pen/Feed Lot.
(12) Game Farm.
(13) Garage sales, as specified in section 40.01.003(73).
(14) Grain Mill.
(15) Greenhouse or Plant Nursery, Non-commercial.
(16) Group housing for handicapped persons as defined in section
40.01.003(79).
(17) Hatchery, Poultry.
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(18) Home beauty shop, as defined in section 40.01.003(48).
(19) Horticulture.
(20) Indoor Crop Production or Farming.
(21) Irrigation Intake or Pump.
(22) Livestock Grazing or Pasturing.
(23) Oil or gas well, subject to the conditions of Chapter 8.07, Oil and Gas
Drilling, of this Code.
(24) Public Park and recreational facility owned by the City of Lubbock,
including a party house or community center.
(25) Public school.
(26) Single Family Dwelling, Large Lot.
(27) Stable or Riding Facility, Private.
(28) Wildlife Sanctuary.
(29) Woodland Preserve.
Sec. 40.03.153 Conditional uses
The following uses may be permitted when approved by the zoning board of
adjustment as specified in article 40.02, division 2:
(1) Churches and other places of worship, including accessory uses and
buildings.
(2) Customary home occupations as defined in section 40.01.003(46).
(3) Existing customary home occupations shall become nonconforming
and shall require zoning board of adjustment approval for continuing
operation when a written protest is submitted to the administrator
signed by fifty percent (50%) of all property owners within two hundred
(200) feet of the property in question.
(4) Fire stations.
(5) Group housing for handicapped persons in a shared residential living
arrangement which provides a family -type environment for seven (7)
Chapter 40 —Additions & Amendments for RR Zoning District Page 12
or more handicapped persons, supervised by one or more primary care
givers, as further defined in sections 40.01.003(79)(A) and (B), and
subject to compliance with the permit conditions listed in section
40.02.002(g), save and except sections 40.02.002(g)(2)(A) and (B).
Application for a conditional use permit under this section shall require
notice as prescribed in section 40.02.053(c) to owners of real property
lying within one thousand (1000) feet of the property on which the use
is requested.
(6) Private community centers for the recreational and social use of the
residents of an addition, subdivision or residential development which
is operated by an association or incorporated group for their use and
benefit. Such use shall not be a commercial business operated for profit.
(7) Public utility installations, excluding office building, garages and
shops, railroad yards, loading yards and warehouses.
(8) Public athletic fields, stadiums and similar athletic areas.
(9) Servants' quarters or guest houses on a lot containing ten thousand five
hundred (10,500) square feet or more of net development area.
(10) Residents requesting that more than four (4) adult dogs, more than four
(4) months of age may be maintained on a residential lot or premises.
Such approval shall not provide for a commercial breeding business.
Sec. 40.03.154 Specific use
To provide limited flexibility for modern urban design, additional uses in this District
are provided in the "specific use" division 27 of this article.
Sec. 40.03.155 Yard requirements
(a) Front yard. The minimum front yard shall be twenty-five (25) feet. Lots which
front on cul-de-sac streets the minimum front yard shall be twenty-five (25) feet. A
residential garage shall have a front setback of at least twenty five (25) feet.
(b) Rear yard. The minimum rear yard shall be twenty five (25) feet for all primary
and accessory structures.
(c) Side yard. There shall be a minimum side yard of ten (10) feet on each side of
any structure, including corner lots.
(d) Tool or storage houses, or other accessory buildings not to exceed thirty-five
(35) feet in height, with no utilities except electricity, may be erected along the rear
and/or side property lines, with a minimum setback of ten(10) feet from those property
Chapter 40 — Additions & Amendments for RR Zoning District Page 13
lines at any location in the rear yard (as defined in section 40.01.003(200) of this
chapter). No portion of overhang (roof, cornice, eave or sill) may project past the
required setback line.
(e) Projections into required yards.
(1) Cornices, eaves, sills, canopies, and chimneys may extend two (2) feet
into any required yard. Bay windows are not permitted raider this
section.
(2) Unenclosed fire escapes, stairways, or balconies, whether covered or
uncovered, may extend four (4) feet into the required front or rear yard.
Sec. 40.03.156 Lot width
There shall be a minimum lot width of two hundred (200) feet.
Sec. 40.03.157 Lot area
The minimum area of any lot in this district shall be two (2) acres. There shall be no
maximum lot area for this district.
Sec. 40.03.158 Lot coverage
The combined area of all buildings shall not exceed thirty percent (30%) except that
unenclosed porches and permitted accessory buildings may cover an additional five
percent (5%).
Sec. 40.03.159 Animal units per lot
The minimum two (2) acre tract of land allowed in this district may have up to four (4)
animal units. An additional one (1) animal unit per acre shall be allowed for each lot
in this district that exceeds the two (2) acre minimum lot area.
Sec. 40.03.160 Height limit
(a) Buildings designed for residential occupancy shall not exceed forty five feet
(45') in height.
(b) Detached garages and other accessory buildings shall not exceed thirty-five feet
(35') in height.
(c) Structures permitted above hei ht. Penthouse or roof structures for the housing
of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate
and maintain the building, and fire or parapet walls, skylights, towers, steeples,
flagpoles, chimneys, smokestacks, water tanks, silos, grain elevators, or similar
Chapter 40 — Additions & Amendments for RR Zoning District Page 14
structures may be erected above the height limits herein prescribed, but no penthouse
or roof structure, or any space above the height limit shall be allowed for the purpose
of providing additional floor space.
See. 40.03.161 Off-street parking
(a) Off-street parking —Required.
(1) Single-family dwellings — Two (2) spaces.
(2) Conditional uses. The number of required spaces shall be set by the
zoning board of adjustment, based on the requirements for that use or
similar type uses in this or other districts.
(b) Off-street parking —Permitted. One commercial vehicle may be parked on a lot
in this district provided such parking is not prohibited by other ordinances of the City
of Lubbock. Additional commercial vehicles may be permitted by the zoning board of
adjustment.
(c) Off-street parking --Provisions.
(1) Any lighting of drive or parking areas shall be so designed as not to
cause any glare on any other residential or apartment zoned area in the
vicinity.
(2) Plans for off-street parking areas, except for single-family detached
dwellings, shall be submitted to be checked and approved as to number
of spaces, access, and ingress and egress by the city traffic engineer
under the terms of this district and the city's driveway regulations.
(3) The following provisions apply to the parking of certain vehicles within
this zoning district:
(A) In areas where there are paved streets, all vehicles (including
recreational dual purpose vehicles), recreational vehicles, and
recreational equipment or trailers, whether oversized or not, that
are within the established front yard setback shall only be
parked on driveways (as defined in section 40.01.003(47) of this
chapter), or on paved off-street parking areas.
(B) In areas where there are paved streets, all vehicles (including
recreational dual purpose vehicles), recreational equipment or
trailers that are within the side yard adjacent to the street on
corner lots, shall only be parked on driveways (as defined
in section 40.01.003(47) of this chapter) or on paved off-street
parking areas or behind a screening fence. In no event shall
Chapter 40 —Additions & Amendments for RR Zoning District Page 15
parking be allowed in the right-of-way or parkway. For this
section side yard shall be that yard between the side building
line and the side lot line, if any, and from the established front
setback line to the rear property line.
(C) In areas where there are paved streets, all recreational vehicles
and oversized recreational equipment or trailers that are within
the side yard adjacent to the street on corner lots, shall only be
parked behind a screening fence. In no event shall parking be
allowed in the right-of-way or parkway. For this section side
yard shall be that yard between the side building line and the
side lot line, if any, and from the established front setback line
to the rear property line.
(4) The storage of recreational vehicles and oversized recreational
equipment or trailers shall be as follows:
(A) Recreational vehicles and oversized recreational equipment or
trailers may be stored on private property either in an enclosed
building, under a legal carport, in the rear or side yards
anywhere up to the property line with the required yards
applicable for tool or storage houses, or other accessory
buildings in Section 40.03.256(d). No storage shall be allowed
within the required front yard setback unless a variance is
approved by the zoning board of adjustment. On corner lots, for
the side yard adjacent to the street, no storage shall be allowed
unless the recreational vehicle or oversized recreational
equipment or trailer is behind a screening fence. In no event
shall storage be allowed in the right-of-way or parkway.
(B) No portion of any recreational vehicle or recreational equipment
or trailer, regardless of size, shall extend over the property line
or into the sidewalk area.
(C) No person shall occupy or use any recreational vehicle as living
or sleeping quarters, except that recreational vehicles may be
used as living or sleeping quarters for a non -Lubbock resident
visiting under the provisions of subsection (5)(B) below for a
maximum of fourteen (14) days on any given lot or parcel of
land during a thirty -day period. No time period shall apply to
recreational vehicles parked in accordance with subsection
(5)(C) below.
(5) Exceptions. The following shall be exceptions to subsection (4)(A)
above:
I
I�
Chapter 40 — Additions & Amendments for RR Zoning District
Page 16
(A) Any recreational vehicle, oversized recreational equipment or
trailer parked by its owner who is a Lubbock resident, on his lot,
while engaged in active loading or unloading for a period not
exceeding forty-eight (48) hours in a five-day period.
(B) The recreational vehicle of a non -Lubbock resident on the lot or
parcel of a person he is visiting. However, the recreational
vehicle shall only be allowed to be parked on the lot for a
maximum of fourteen (14) days during a thirty -day period.
(C) Recreational vehicles parked in a travel trailer park or on private
parking lots of hospitals and/or clinics where parking of such
vehicles is allowed.
(D) Any pop-up or tent campers stored in the collapsed position.
Sec. 40.03.162 Vision clearance
(a) Front yards. In a required front yard, no wall, fence or other structure shall be
erected in any part of the required front yard that would be higher than a line extending
from a point two and one-half (2 1 /2) feet above the natural ground level at the front
lot line to a point four and one-half (4 1/2) feet above the natural ground level at the
depth of the required front yard.
(b) Corner lots. It shall be unlawful to set out, construct, maintain, or permit or
cause to be set out, constructed, or maintained any tree, shrub, plant, sign, or structure,
or any other view obstruction having a height greater than two (2) feet as measured
from the top of the curb of the adjacent streets within the intersection visibility triangle.
This restriction shall not apply to traffic control signs and signals, street signs, or utility
poles placed within such area by authority of the City Council. Intersection visibility
triangle shall mean a triangle sight area, at all intersections, which shall include that
portion of public right-of-way and any corner lot within a triangle formed by a diagonal
line extending through points on the two (2) property lines twenty-five (25) feet from
the street corner intersection of the property lines (or that point of intersection of the
property lines extended) and intersecting the curblines.
(c) Parkways. It shall be unlawful to set out, construct, maintain or permit to be
maintained, set out or constructed any shrub or plant (excluding trees), sign or
structure, or any other view obstruction having a height of greater than three (3) feet,
as measured from the top of the curb of the adjacent street, in the parkway area. All
trees with a trunk diameter greater than two (2) inches measured three (3) feet above
ground level that are within any of the parkway area shall be trimmed so that no foliage
is less than six (6) feet above the top of the curb of the adjacent street. No evergreen
or coniferous species of tree shall be allowed in the parkway. This section shall not
apply to traffic control signs and signals, street signs, mail boxes which are less than
two (2) feet long on each side which is perpendicular to the street, or utility poles
Chapter 40 —Additions & Amendments for RR Zoning District Page 17
placed within the parkway. No such tree, shrub, plant, sign, or structure, including
mailboxes, shall be allowed to interfere with the free passage of vehicles on the street
or of pedestrians on the sidewalk or to obscure the view of motor vehicle operators of
any traffic control device or street sign or otherwise create a traffic hazard.
Sees. 40.03.163 — 40.03.200 Reserved"
SECTION 32. THAT Section 40.03.551 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The purpose of this district is to promote medium -density, multiple -occupancy
development. The regulations are designed to promote family -oriented development
which provides the occupants with the proper environmental quality, and compatibility
with lower -density development. The purpose of this district is not to isolate multi-
family units, but to encourage compatible residential land uses through effective
planning and urban design. When adjacent to "RR," "R-1," "R-lA," or "R-2" zoned
property, the proposed development in this district shall be so designed to provide for
maximum compatibility with adjacent development. Architectural design,
landscaping, screening, and parking areas shall be properly provided to insure
maximum protection of lower -density uses."
SECTION 33. THAT Section 40.03.554 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"Any use conditionally permitted in the "RR," "R-1," "R-1 A," or "R-2" Districts not
otherwise permitted in this district may be permitted when approved by the zoning
board of adjustment in the manner specified in article 40.02, division 2."
SECTION 34. THAT Section 40.03.556(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. The minimum rear yard shall be fifteen (15) feet, except that a one-
story extension or wing of a building may be built to within five (5) feet of the rear lot
line. When the property abuts an "RR," "R-1," "R-IA," or "R-2" zoning district, even
if separated by an alley, the minimum rear yard setback for any two-story structure
shall be fifty (50) feet from the rear lot line."
SECTION 35. THAT Section 40.03.556(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any single -story structure, ten (10) feet on each side of any two-story structure, except
that on corner lots the minimum side yard adjacent to the street shall be ten (10) feet.
When the property abuts an "RR," "R-1," "R-lA," or "R-2" zoning district, the
minimum side yard setback for any two-story structure shall be fifty (50) feet. Provided
further, that in no case shall a garage fronting onto a street be within twenty (20) feet
Chapter 40 — Additions & Amendments for RR Zoning District Page 18
of the street property line. No side yard shall be required for individual row dwelling
or townhouse units except at the end of each structure, where a ten -foot side yard shall
be required."
SECTION 36. THAT Section 40.03.671 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The purpose of this district is to promote high -density multi -family developments and
compatible land uses in harmony with lower -density uses. The regulations are designed
to provide the occupants with safe and convenient housing within an aesthetically
pleasing environment in proper relationship to adjacent land uses. When proposed
development in this district is adjacent to "RR," "R-1," "R-IA," or "R-2" zoned
property, the proposed development shall be designed to provide for maximum
compatibility with the adjacent development. Architectural design, landscaping,
screening and parking areas shall be properly provided to insure maximum protection
of lower -density uses."
SECTION 37. THAT Section 40.03.674 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The following uses may be permitted when approved by the zoning board of adjustment in
the manner specified in article 40.02, division 2.
(1) Any use permitted by right or conditionally permitted in the "RR," "R-1," "R-
IA," "R-2," or "A-l" Districts and not otherwise permitted in this district.
(2) Private schools having a curriculum equivalent to that of public schools.
(3) Semipublic uses such as community clubhouses, YMCA, YWCA, Boy Scouts,
Girl Scouts, Boys and Girls Club, and Little Theaters."
SECTION 38. THAT Section 40.03.676(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. The minimum rear yard shall be five (5) feet, except when the
proposed development is adjacent to an "RR," "R-1," "R-IA," or "R-2" District, even
if separated by an alley, the minimum rear yard setback for any two-story structure
shall be fifty (50) feet from the rear lot line."
SECTION 39. THAT Section 40.03.676(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any single -story structure, ten (10) feet on each side of any two-story structure, except
that on corner lots the minimum side yard adjacent to the street shall be ten (10) feet.
When property abuts an "RR," "R-1," "R-IA" or "R-2" zoning district, the minimum
Chapter 40 —Additions & Amendments for RR Zoning District Page 19
side yard setback for any two-story structure shall be fifty (50) feet. Provided, further,
that in no case shall a garage fronting onto a street be within twenty (20) feet of the
street property line. No side yard shall be required for individual row dwelling or
townhouse units except at the end of each structure, where a ten -foot side yard shall be
required."
SECTION 40. THAT Section 40.03.791 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The purpose of this district is to provide for high -density high-rise developments in
the immediate vicinity of concentrations of commercial or population activities. The
standards of the district are designed to minimize adverse effects on lower -density
residential developments in surrounding areas. When proposed development in this
district is adjacent to "RR," "R-1," "RAA," or "R-2" zoned property, the proposed
development shall be so designed to provide for maximum compatibility with adjacent
development. Architectural design, landscaping, screening, and parking areas shall be
properly provided to insure maximum protection of lower -density uses."
SECTION 41. THAT Section 40.03.796(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. The minimum rear yard shall be twenty-five (25) feet, except when
the proposed development is adjacent to an "RR," "R-1," "R-IA," or "R-2" District,
even if separated by an alley, the minimum rear yard shall be one foot for each one
foot of total height."
SECTION 42. THAT Section 40.03.796(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Side yard. The minimum side yard shall be twenty-five (25) feet, except when
the proposed development is adjacent to an "RR," "R-1," "R-IA," or "R-2" District,
the minimum side yard shall be one foot for each one foot of total height."
SECTION 43. THAT Section 40.03.916(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. The minimum rear yard shall be five (5) feet. When proposed
development is adjacent to any "RR," 44R-1," "RAA," or "R-2" District, even if
separated by an alley, the rear yard shall be a minimum of one foot for each one foot
of total height."
SECTION 44. THAT Section 40.03.916 (c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any one- or two-story structure, or twenty (20) feet on each side of any new structure
Chapter 40 —Additions & Amendments for RR Zoning District Page 20
with more than two (2) stories. When proposed development is adjacent to any "RR,"
"R-1," "R-IA," or "R-2" District, the minimum side yard shall be one (1) foot for each
one (1) foot of total height."
SECTION 45. THAT Section 40.03.1035(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except the
minimum rear or side yard shall be ten (10) feet for any two-story structure if the
property is adjacent to any "RR," "R-1," "RAA," or "R-2" zoned property, even if
separated by an alley."
SECTION 46. THAT Section 40.03.1040 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be a maximum height limit of two (2) stories, not exceeding a total height
of twenty-four (24) feet. When adjacent to any "RR," "R-1," "RA A," or "R-2" zone
district, even if separated by an alley, no windows shall be permitted above ten (10)
feet on the building sides facing such residential districts, unless separated by a street.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 47. THAT Section 40.03.1156(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. There shall be no rear yard requirement, except there shall be a
minimum rear yard of five (5) feet adjacent to any street, or no less than the average
setback established by the development on the adjacent lot or lots. The setback on
vacant adjacent lots shall be five (5) feet. Where the property is adjacent to any "RR,"
44R-1," "R-1 A," or "R-2" Zoning District even if separated by an alley, the minimum
rear yard shall be one foot for each one foot of total height.
SECTION 48. THAT Section 40.03.1156(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Side yard. There shall be no side yard requirement, except there shall be a
minimum side yard of five (5) feet adjacent to any street, or no less than the average
setback established by the development on the adjacent lot or lots. The setback on
vacant adjacent lots shall be five (5) feet. Where the property is adjacent to any "RR,"
Chapter 40 —Additions & Amendments for RR Zoning District Page 21
"R-1," "RAA," or "R-2" zoned property, the minimum side yard shall be one foot for
each one foot of total height."
SECTION 49. THAT Section 40.03.1276(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except
when the property is adjacent to any "RR," 4cR-1," "RAA," or "R-2" zoned property,
even if separated by an alley, the minimum rear or side yard shall be five (5) feet for
any single -story structure, and ten (10) feet for any two-story structure."
SECTION 50. THAT Section 40.03.1281 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be a maximum height limit of two (2) stories not exceeding a total height
of twenty-four (24) feet. When adjacent to any "RR," "R-1," "R-1 A," or "R-2" District,
even if separated by an alley, no windows shall be permitted above ten (10) feet.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 51. THAT Section 40.03.1396(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except
when the property is adjacent to any "RR," "R-1," "R-1 A," or "R-2" zoned property,
even if separated by an alley, the minimum rear or side yard shall be five (5) feet for
any single -story structure and ten (10) feet for any two-story structure."
SECTION 52. THAT Section 40.03.1401 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be a maximum height limit of two (2) stories not exceeding a total height of
twenty-four (24) feet. When adjacent to any "RR," "R-1," "R-IA," or "R-2" District, even if
separated by an alley, no windows shall be permitted above ten (10) feet.
(1) Structures permitted above hei ht. Penthouse or roof structures for the housing
of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate
and maintain the building, and fire or parapet walls, skylights, towers, steeples,
flagpoles, chimneys, smokestacks, water tanks, silos, grain elevators, or similar
Chapter 40 — Additions & Amendments for RR Zoning District Page 22
structures may be erected above the height limits herein prescribed, but no penthouse
or roof structure, or any space above the height limit shall be allowed for the purpose
of providing additional floor space."
SECTION 53. THAT Section 40.03.1516(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirements, except
where the property is adjacent to any "RR," "R-1," "R-IA," or "R-2" zoned property,
even if separated by an alley, the minimum side, or rear yard shall be five (5) feet for
any single -story structure, and ten (10) feet for any two-story structure."
SECTION 54. THAT Section 40.03.1521 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "RR," "R-
1 ," "R-1 A," or "R-2" zoned property, even if separated by a street or alley, the
maximum height shall be twenty-four (24) feet with no windows above ten (10) feet.
Provided, however, that buildings may be erected to a height of seventy-five (75) feet
when the front, side and rear yards are increased two (2) additional feet for each foot
such buildings exceed twenty-four (24) feet. Windows may be permitted when the
additional setback is imposed.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 55. THAT Section 40.03.1636(b) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except
where the property is adjacent to any "RR," "R-1," "R-IA," or "R-2" zoned property,
even if separated by an alley, the minimum side, or rear yard shall be five (5 ) feet for
any single -story structure, and ten (10) feet for any two-story structure."
SECTION 56. THAT Section 40.03.1641 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "RR," "R-
1," "R-IA," or "R-2" zoned property, even if separated by a street or alley, the
maximum height shall be twenty-four (24) feet with no windows above ten (10) feet.
Chapter 40 — Additions & Amendments for RR Zoning District Page 23
Provided however, that buildings may be erected to a height of seventy-five (75) feet
when the front, side and rear yards are increased two (2) additional feet for each foot
such buildings exceed twenty-four (24) feet. Windows may be permitted when the
additional setback is imposed.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 57. THAT Section 40.03.1753(62) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(62) Single-family dwelling units as specified in the "RR," "R-1," "R-1 Specific
Use," and "R-1 A" sections."
SECTION 58. THAT Section 40.03.1755(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear yard. There shall be no rear yard requirement, except when the property
is adjacent to any "RR," "R-1," "R-1 A," or "R-2" zoned property, even if separated by
an alley, the minimum rear yard shall be five (5) feet for any single -story structure, and
ten (10) feet for any two-story structure. However, if access to a garage or one-story
carport is from an alley or access easement, the minimum setback shall be twenty (20)
feet for garages, or five (5) feet for one-story carports not having solid sidewalls.
Setback shall be measured from the property lisle if from an alley or from the easement
line if from an access easement."
SECTION 59. THAT Section 40.03.1760 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be a maximum height limit of two (2) stories not exceeding a total height
of thirty (30) feet.
(1) When adjacent to any "RR," "R-1," "R-lA," or "R-2" District, even if
separated by an alley, no windows shall be permitted above ten (10) feet on any
walls facing the "RR," "R-1," "R-IA," or "R-2" property.
(2) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, or similar structures may be
Chapter 40 — Additions & Amendments for RR Zoning District Page 24
erected above the height limits herein prescribed, but no penthouse or roof
structure, or any space above the height limit shall be allowed for the purpose
of providing additional floor space."
SECTION 60. THAT Section 40.03.2236(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except
where the property is adjacent to any "RR," "R-1," "R-IA,"' or "R-2" zoned property,
even if separated by an alley, the minimum side and rear yard shall be five (5) feet for
any single -story structure, and ten (10) feet for any two-story structure."
SECTION 61. THAT Section 40.03.2241 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "RR," "R-
1," "R-IA," or "R-2" zoned property, even if separated by a street or alley, the
maximum height shall be twenty-four (24) feet. Provided, however, that buildings may
be erected to any height when the front, side, and rear yards are increased two (2)
additional feet for each foot such buildings exceed twenty-four (24) feet.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 62. THAT Section 40.03.2486(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement, except
where the property is adjacent to any "RR," 44R-1," "R-IA," or "R-2" zoned property,
even if separated by an alley, the minimum side and rear yard shall be five (5) feet for
any single -story structure and ten (10) feet for any two-story structure."
SECTION 63. THAT Section 40.03.2491 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "RR," "R-
1," "R-IA," or "R-2" zoned property, even if separated by a street or alley, the
maximum height shall be twenty-four (24) feet. Provided, however, that buildings may
be erected to any height when the front, side, and rear yards are increased two (2)
additional feet for each foot such buildings exceed twenty-four (24) feet.
Chapter 40 —Additions & Amendments for RR Zoning District Page 25
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 64. THAT Section 40.03.2606(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirements, except
where the property is adjacent to any "RR," "R-1," "R-IA," or "R-2" zoned property,
even if separated by an alley, the minimum side and rear yard shall be five (5) feet for
any single -story structure, and ten (10) feet for any two-story structure."
SECTION 65. THAT Section 40.03.2611 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "RR," "R-
1," "R-IA," or "R-2" zoned property, even if separated by a street or alley, the
maximum height shall be fifty (50) feet. Provided, however, that buildings may be
erected to any height when the front, side and rear yards are increased two (2)
additional feet for each foot such buildings exceed fifty (50) feet.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 66. THAT Section 40.03.2725(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement; except the
minimum rear or side yard shall be ten (10) feet for any two-story structure if the
property is adjacent to any "RR," "R-1," "R-IA," or "R-2" zoned property, even if
separated by an alley."
SECTION 67. THAT Section 40.03.2730 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Chapter 40 — Additions & Amendments for RR Zoning District Page 26
"There shall be a maximum height limit of two (2) stories, not exceeding a total height
of twenty-four (24) feet. When adjacent to any "RR," "R-1," "R-IA," or "R-2" district,
even if separated by an alley, no windows shall be permitted above ten (10) feet on the
building sides facing such residential district.
(1) Structures permitted above height. Penthouse or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, or similar equipment
required to operate and maintain the building, and fire or parapet walls,
skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks,
silos, grain elevators, or similar structures may be erected above the height
limits herein prescribed, but no penthouse or roof structure, or any space above
the height limit shall be allowed for the purpose of providing additional floor
space."
SECTION 68. THAT Section 40.03.2845(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement; except
where the property is adjacent to any "RR," 4gR-1," "RAA," or "R-2" zoned property,
even if separated by an alley, the minimum side and rear yard shall be zero (0) feet for
any single story structure, ten (10) feet for any two (2) story structure, and twenty (20)
feet for any three (3) story or greater structure."
SECTION 69. THAT Section 40.03.2965(b) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(b) Rear and side yard. There shall be no rear or side yard requirement; except
where the property is adjacent to any "RR," 4cR-1," "R-1 A," or "R-2" zoned property,
even if separated by an alley, the minimum side and rear yard shall be zero (0) feet for
any single -story structure, ten (10) feet for any two-story structure, and twenty (20)
feet for any three-story or greater structure."
SECTION 70. THAT Section 40.03.3103(a)(1) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(a) Planned unit developments.
(1) In any district on a site of ten (10) acres or more at the time of
application. The uses shall be limited to those uses permitted in the "RR," 44R-
1," "R-IA," and "R-2" Districts."
SECTION 71. THAT Section 40.03.3103(d) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Chapter 40 —Additions & Amendments for RR Zoning District Page 27
"(d) Riding stables, or stables for boarding, breeding, raising or training horses.
The following uses may be permitted in any zoning district, subject to the following
conditions:
(1) General. Riding stables, stables for boarding, breeding, raising, or
training of horses are a commercial business. Yet, using animals as they do,
they have some of the characteristics peculiar to animal land uses.
Consequently, any zone case shall consider the commercial and animal
characteristics of the proposed use.
(2) A zone case shall be approved by the planning and zoning commission
and the City Council for each lot, tract, or parcel proposed for stables. Only
horses, mules, or donkeys shall be allowed under this section. Each such animal
shall be considered as one animal unit.
(3) Each lot, tract, or parcel approved for a riding stable, boarding stable,
or facility for breeding, raising, or training horses shall be two (2) acre or more
in area.
(4) The maximum number of animal untis stabled on any lot, tract, or parcel
shall be:
2 acre to 2.99 acres —Maximum of four (4) animal units
3 acres to 3.99 acres —Maximum of five (5) animal units
4 acres to 4.99 acres —Maximum of six (6) animal units
5 acres to 5.99 acres —Maximum of seven (7) animal units
6 acres to 6.99 acres —Maximum of eight (8) animal units
7 acres to 7.99 acres —Maximum of nine (9) animal units
8 acres to 8.99 acres Maximum of ten (10) animal units
Additional animal units will be permitted at a ratio of two (2) animal
units per acre.
(5) The owner, tenant, or manager of each lot, tract, or parcel approved for
the above uses shall be responsible for compliance with subsections (c)(5), (8),
(10), (13), and (14) of this section.
(6) Each lot, tract, or parcel approved for the above uses shall provide
stables with stalls and other suitable facilities within a structure constructed and
Chapter 40 — Additions & Amendments for RR Zoning District Page 28
inspected within the authority and requirements of a construction permit and
applicable building codes of the city.
(7) On any lot, tract, or parcel approved for the above uses no stable,
building, or structure in which horses are to be kept shall be closer than fifty
(50) feet from the nearest property line, nor shall it be closer than two hundred
(200) feet from the boundary of a designated residential district which is not
"RE" (RR, R-1, R-lA, R-2, A-1, A-2, R-3) or existing church, school or
institution for human care. The setback from the nearest property line may be
reduced to ten (10) feet when a solid rear wall of a stable, building, or structure
is adjacent and substantially parallel to the property line. The solid wall shall
have no openings.
(8) No accessory building associated with keeping animals shall be located
closer than thirty (30) feet from the side property lines, forty (40) feet from the
rear property line, or closer than forty (40) feet from the front property line.
(9) The owner, tenant, or manager of a lot, tract, or parcel shall conduct
business in a prudent, safe and hygienic environment. Each commercial
operation approved under this section shall obtain a permit from the health
department and shall obtain a minimum of one annual inspection with regard
to public and animal hygiene, care, and safety by the Lubbock Health
Department. A fee shall be established annually as provided by this Code as
effective on the date(s) of inspection.
(10) Feed grains or all other animal foods with the exception of hay shall be
stored in metal or other rodent -proof receptacles. Feed stored on the "RR" or
"RE" lot, tract, or parcel shall only be an amount for the immediate
consumption needs of the resident animals. No sales of feed, grain, or hay shall
be permitted from a lot, tract, or parcel zoned "RR" or "RE".
(11) The owner of each animal allowed under this section shall use
reasonable and prudent care to ensure the health, protection, and safety, not
only of each animal, but also of persons at the residence and in surrounding
areas. The owner shall maintain the entire property and control all animals so
as to not become a nuisance. The disposal of animal related refuse shall
conform with sections 4.07.001, 22.06.006, 22.06.013, and 22.06.018 of this
Code.
(12) The requirement for a site plan defined at section 40.01.003(172) of this
Code and required at section 40.03.3102(b) of this Code shall be required for
"RR" or "RE" designation."
SECTION 72. THAT Section 40.03.3103(y)(4) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Chapter 40 —Additions & Amendments for RR Zoning District Page 29
"(4) No mini -warehouse development lot shall abut a street which is the boundary
of an abutting "RR," 44R-1," "R-IA," or "R-2" Zone."
SECTION 73. THAT Section 40.03.3103 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended by adding a section to be numbered 40.03.3103(dd), which said section
reads as follows:
"(dd) Animal Feeding Lot, and Livestock Auction or Wholesale Sales. Animal
Feeding Lot, and Livestock Auction or Wholesale Sales will be permitted in the "RR"
Rural Residential District, provided the provisions, uses, and standards of the "RR"
Rural District and the following requirements are met:
(1) "RR" shall allow Animal Units when adequately housed and fenced, as
defined in subsection (c)(11) and (12) of this section.
(2) No killing or dressing of animals for human or animal consumption
shall be permitted on any lot, tract, or parcel zoned "RR" or "RE".
(3) No accessory building associated with keeping animals shall be located
closer than thirty (30) feet from the side property lines, forty (40) feet from the
rear property line, or closer than forty (40) feet from the front property line.
(4) All animals kept shall be confined within pens or fences of suitable
materials and substantial construction sufficient to restrain the animals.
(5) Each animal allowed by this section shall be properly stabled or housed
in a shelter suitable for protection from the elements. Such shelters shall
comply with the requirements of a construction permit, if such is required, to
be obtained from the building official.
(6) Feed grains or all other animal foods with the exception of hay shall be
stored in metal or other rodent -proof receptacles. Feed stored on the "RR" or
"RE" lot, tract, or parcel shall only be an amount for the immediate
consumption needs of the resident animals. No sales of feed, grain, or hay shall
be permitted from a lot, tract, or parcel zoned "RR".
(7) The owner of each animal allowed under this section shall use
reasonable and prudent care to ensure the health, protection, and safety, not
only of each animal, but also of persons at the residence and in surrounding
areas. The owner shall maintain the entire property and control all animals so
as to not become a nuisance. The disposal of animal related refuse shall
conform with sections 4.07.001, 22.06.006, 22.06.013, and 22.06.018 of this
Code.
(8) Adequate parking shall be provided for all uses on the property, as
determined by staff and required as part of the Specific Use approval.
Chapter 40 —Additions & Amendments for RR Zoning District Page 30
(9) The requirement for a site plan defined at section 40.01.003(172) of this
Code and required at section 40.03.3102(b) of this Code shall be required for
the "RR" and "RE" designation."
SECTION 74. THAT Section 40.04.008 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"Sec. 40.04.008 Signs permitted in "RR," "A-1," 66A-2," 66A-3," "AM" and
"GO" Districts
The following signs shall be permitted in the "RR," "A-1," "A-2," "A-3," "AM" and
"GO" Districts:
(1) Signs for "R-1," "R-1 A," and "R-2" uses shall meet the requirements
of their respective "R-1," "R-IA," and "R-2" Districts."
Subsections (2) through (5) of Sec. 40.04.008 are not amended by this ordinance and
shall remain unchanged and in full force and effect.
SECTION 75. THAT Section 22.03.132(a)(4) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(4) Any person installing automatic sprinkler systems in or on property, other than
those listed below, pursuant to a permit to install the irrigation system prescribed
by article 2 8. 10 of the Code of Ordinances, City of Lubbock, Texas, issued on or after
May 1, 2004, shall purchase and install separate water meters for irrigation purposes
only. Said meter shall not provide water for any other use and shall include a normally
closed master valve. The irrigation system shall include a freeze sensor rendering
irrigation inoperative at 35 degrees Fahrenheit or higher and shall include rain sensors
set to render the irrigation system inoperative at 1/4 inch of moisture or more. This
subsection (a)(4) does not apply to properties legally zoned as "RR," "R-1," "R-IA,"
"R-1 Specific Use," "R-lA Specific Use," "R-2," or "RE."
SECTION 76. THAT Section 36.04.127(3) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(3) Ramp construction will be required at existing intersections with the issuance
of a building permit in all cases where sidewalk construction is a part of the permit
except that ramp construction will not be required with the issuance of a building
permit on existing streets in "RR," 44R-1," "R-IA," or "R-2" zoning areas."
SECTION 77. THAT Section 38.05.002(a)(7) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Chapter 40 — Additions & Amendments for RR Zoning District Page 31
"(7) Alleys used for drainage, except those adjacent to residential properties zoned
"RR," "R-1," "R-1A," or "R-2" shall be paved to the point of discharge at the nearest
paved street, another paved alley or drainage channel."
SECTION 78. THAT, violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No1100 Dollars ($2,000.00)
as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.
SECTION 79. THAT should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 80. THAT the intent of this Ordinance is to apply consistent changes to any
portion of the Code of Ordinances of the City of Lubbock that is or may be affected by the
changes provided herein. This Ordinance is also intended to apply consistent changes to any
Ordinance that has been approved by the City Council of the City of Lubbock that is or may
be affected by the changes provided herein. If this Ordinance has omitted any portion of the
Code of Ordinances or any other Ordinance that should otherwise be affected by the changes
provided herein, such omission is inadvertent and unintentional, and, upon the effective date
of this Ordinance, any such omitted portion of the Code of Ordinances or other Ordinance
shall be interpreted in such a manner as to comply with the changes provided herein.
SECTION 81. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 82. THAT this Ordinance shall become effective, except as may otherwise be
provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on May 24 , 2018.
Passed by the City Council on second reading on June 14 , 2018.
DANIEL M. POPE, MAYOR
Chapter 40 — Additions & Amendments for RR Zoning District Page 32
ATTEST:
Rebe ca Garza, City Secre ary
APPROVED AS TO CONTENT:
AJ 1~ er, erector of Planning
APPROVED AS TO FORM:
Ju in Pr tt, Assistant City Attorney
Ord. Additions and Amendments Chapter 40 — RR Zoning District
June 15, 2018
Chapter 40—Additions & Amendments for RR Zoning District Page 33