HomeMy WebLinkAboutOrdinance - 2019-O0016 - Amending Chapter 40 Zoning - C-4 Zoning - 02/12/2019First Reading Second Reading
January 22, 2019 February 12, 2019
Item No.9.12 Item No.9.4
ORDINANCE NO.2019-00016
AN ORDINANCE AMENDING CHAPTER 40,"ZONING,"OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK,TEXAS BY RE-ALLOCATING CERTAIN
LAND USES AMONG THE VARIOUS EXISTING ZONING DISTRICTS ACCORDING
TO INTENSITY OF USE;SAID AMENDMENTS MORE PARTICULARLY BEING TO
ARTICLES 40.03.2233, 40.03.2243, 40.03.2483,40.03.2493(a)AND 40.03.3103 OF THE
ZONING CODE;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 September 6, 2018, found that it is in the best interest of the
citizens of the City of Lubbockto amendDivisions 20 ("C-4"Commercial District), 22 ("M-l"
Light Manufacturing District) and 27 (Specific Use District) to provide for the appropriate
allocation of land uses among the districts according to intensity; 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 City Council of the City of Lubbock finds and determines that it is in the best
interestof the health,safety,and welfareof the citizensof the Cityof Lubbockto amendChapter
40oftheCodeof Ordinances in accordance withthe recommendations ofthe Planning and Zoning
Commission;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1.THAT Section 40.03.2233 of the Code of Ordinances. City of Lubbock, Texas is
hereby amended to read as follows:
Sec.40.03.2233 Permitted uses
Permitted uses in this district are the following:
(1) Any use unconditionally permitted in the "C-2A","C-2"or "C-3"Districts.
(2)Ambulance service.
(3) Automobile body shops, outside storage limited to customer vehicles only and
located behind a six (6) foot tall solid screening fence.
(4)Automobile brake shop.
(5)Automobile seat cover and upholstery shop.
(6) Automobile transmission shop
(7) Automobile and recreational vehicles sales and service (may include body and paint
shop, as accessory use). Outside display in conjunction with the on premises sale or rental
of automobiles and recreational vehicles shall be permitted subject to the regulations of
this district.
(8) Barber and beauty shop supply dealer.
(9) Body piercing studio.
(10) Builders supply. All materials must be in a building.
(11) Bus station.
(12) Cafd Supply Dealer, Fixtures, Used (All merchandise must be in a building).
(13) Candy plant.
(14) Canvas goods shop, tents and awnings (no manufacturing).
(15) Consignment clothing store. (No outside storage or display).
(16) Dairy supply dealer.
(17) Electrical equipment repairs.
(18) Feed store with no grinding, packaging, or mixing of feed permitted.
(19) Frozen food lockers.
(20) Furniture store, used. (All merchandise must be in a building).
(21) Garden center. Outside display in conjunction with the on premises sale of plant
material and garden and yard equipment shall be permitted subject to the
regulations of this district.
(22) Gasoline service station. (Business permitted outside of building and outside
displays of products permitted within three (3) feet of the building).
(23) Golf driving range. (Business permitted outside of building).
(24) Greenhouse and plant nursery. Outside display in conjunction with the on premises
sale of plant material and garden and yard equipment shall be permitted subject to
the regulations of this district.
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(25) Home improvement center. All materials must be in a building. However, outside
display in conjunction with the on premises sale of plant material, garden and yard
equipment, and portable storage units shall be permitted subject to the regulations
of this district.
(26) Hotel or motel.
(27) Hot tamale plant.
(28) Janitorial or cleaning service.
(29) Job printing and lithographing.
(30) Laboratory, chemical, general analysis.
(31) Laundry, commercial.
(32) Linen and towel supply service.
(33) Lumber yard, with no mill. All materials must be in a building.
(34) Magazine agency.
(35) Monument sales (outside display permitted).
(36) Motorcycle shop, including sales (new or used), rentals and service.
(37) Muffler shop.
(38) Nonprofit training centers with retail sales.
(39) Pest control service.
(40) Public utility installations such as, but not limited to, railroad rights -of -way and
tracks, transformer stations, transmission lines, telephone exchanges, lift stations,
pumping stations, but in no event shall this be construed as permitting such uses as
garages and shops, railroad yards, loading yards or warehouses.
(41) Print shop.
(42) Produce market.
(43) Public kennel (totally within a building).
(44) Rental store.
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(45) Rental store, heavy equipment and trailers only. Outside display in conjunction with
the on premises rental of heavy equipment and trailers shall be permitted subject to
the regulations of this district.
(46) Restaurants, not including restaurants with the sale of alcoholic beverages as an
incidental use (business permitted outside the building).
(47) Secondhand goods store or pawnshop.
(48) Secondhand or used car sales lot, not including wrecking and repairing, but
including minor tuning. Outside display in conjunction with the on premises sale or rental
of automobiles shall be permitted subject to the regulations of this district.
(49) Sign shops, limited to window lettering, painted wall signs, banners and desk signs.
(50) Store fixtures sales (no manufacturing permitted).
(51) Swimming pool, commercial (indoor and/or outdoor) or sales. Outside display in
conjunction with the on premises sale of swimming pools shall be permitted subject
to the regulations of this district.
(52) Tattoo studio.
(53) Upholstery shop —Furniture.
(54) Veterinary hospital (totally within a building).
(55) Wholesale house, sales office and storage —no cotton storage.
(56) Winery Tasting Facility.
SECTION 2. THAT Section 40.03.2243 of the Code of Ordinances, City of Lubbock, Texas is
hereby amended to read as follows:
Sec. 40.03.2243 Off-street parking
(a) Off-street oarkine—Required.
(1) "C-2A," "C-2" and "C-3" uses —These uses shall meet the requirements of their
respective districts.
(2) The following uses shall provide one off-street parking space for each three hundred
(300) square feet of gross floor area:
(A) Automobile body shop.
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(B) Automobile and recreational vehicle sales and service.
(C) Bath and bunk house.
(D) Barber and beauty supply dealer.
(E) Cafe supply dealer —Fixtures.
(F) Candy plant.
(G) Canvas goods shop, tents and awnings.
(H) Dairy supply dealer.
(I) Electrical supply dealer.
(J) Feed store.
(K) Frozen food lockers.
(L) Furniture store —Used.
(M) Hot tamale plant.
(N) Janitorial or cleaning service.
(0) Laboratory, chemical, general analysis.
(P) Laundry, commercial.
(Q) Linen and towel supply service.
(R) Magazine agency.
(S) Monument sales.
(T) Motorcycle shop, including sales (new or used), rentals and service.
(U) Pest control service.
(V) Public kennel.
(W) Rental store, heavy equipment and trailers only.
(X) Secondhand goods store or pawn shop.
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(Y) Secondhand used car sales lot.
(Z) Sign shops.
(AA) Store fixture sales.
(BB) Upholstery shop —Furniture.
(CC) Wholesale sales, services, display and offices.
(3) Warehousing and/or storage in conjunction with wholesale sales and/or services —
One space for each two thousand (2,000) square feet of gross floor area.
(4) Outside display areas —One space for each two thousand (2,000) square feet of gross
display area.
(5) Golf driving range —Two (2) spaces for each tee box.
(6) Service station One space for each two hundred (200) square feet of gross floor area.
(7) Restaurants (except drive -through restaurants).
(A) Restaurants not serving mixed alcoholic beverages: One (1) space for each
one hundred (100) square feet of gross floor area (Except that any outside
dining areas/patios with fewer than two hundred fifty (250) square feet shall
not be included in the gross square footage). Any outside dining areas/patios
larger than two hundred fifty (250) square feet shall have the entire area
included in the gross square footage.
(B) Restaurants serving mixed alcoholic beverages: One (1) space for each
seventy-five (75) square feet of gross floor area (except that any outside
dining areas/patio with fewer than two hundred fifty (250) square feet shall
not be included in the gross square footage). Any outside dining areas/patios
larger than two hundred fifty (250) square feel shall have the entire area
included in the gross square footage.
(8) Ambulance service —One space for each emergency vehicle plus one space for each
employee.
(9) Hotels and motels —Two (2) spaces for each three (3) units, plus the required spaces
for incidental or accessory uses based on the square footage devoted to those uses.
(10) Conditional uses The required number of 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.
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(11) All permitted uses not listed above:
(A) For free-standing buildings or shopping centers with less than fifty-five
thousand (55,000) square feet of gross floor area —One (1) parking space for
each one hundred seventy-five (175) square feet of gross floor area.
(B) For free-standing buildings or shopping centers with fifty-five thousand
(55,000) to seventy-five thousand (75,000) square feet of gross floor area —
Based on the formula:
l/n = 175 + 25(a — 55,000 _ 20,000)
Where:
1/n = The parking ratio; and
a = The gross floor area of the building(s).
(C) For free-standing buildings or shopping centers with more than seventy-five
thousand (75,000) or less than two hundred fifty thousand (250,000) square
feet of gross floor area —One (1) parking space for each two hundred (200)
square feet of gross floor area.
(D) For shopping centers with two hundred fifty thousand (250,000) square feet
of gross floor area or more —One (1) parking space for each two hundred
(200) square feet of gross leasable area.
(12) Winery Tasting Facility —One space for each fifty (50) square feet of gross floor
area.
(b) Off-street Parking —Provisions.
(1) Any lighting of drives 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 the off-street parking areas 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) Recreational vehicles and oversized recreational equipment or trailers may be stored.
on paved parking lots, but not in any landscaped area. In no event shall storage be
allowed in the right-of-way or parkway.
(A) 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
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subsection subsection (4)(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
(4)(C) below.
(4) Exceptions. The following shall be exceptions to subsection (3) above:
(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 navel trailer park or on private parking lots
of hospitals and/or clinics where parking of such vehicles is allowed.
SECTION 3. THAT Section 40.03.2483 of the Code of Ordinances, City of Lubbock, Texas is
hereby amended to read as follows:
See. 40.03.2483 Permitted uses
Permitted uses in this district are the following:
(1) Any use unconditionally permitted in the "C-4" District.
(2) Agriculture implement and tractor sales and service (totally within a building).
(3) Aluminum products, fabrication of.
(4) Armature winding.
(5) Automobile body shops, outside storage limited to customer vehicles only.
(6) Automobile and recreational vehicles sales (new or used) and service (may include
body and paint shop, as accessory use). Outside display in conjunction with the on
premises sale or rental of automobiles and recreational vehicles shall he permitted
subject to the regulations of this district.
(7) Bakery —Commercial.
(8) Blacksmithing or horseshoeing.
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(9) Boat and boat trailer sales (new or used) and service. Outside display in conjunction
with the on premises sale or rental of boats and boat trailers shall be permitted
subject to the regulations of this district.
(10) Bottling works.
(11) Broom manufacturing.
(12) Building materials, storage.
(13) Bus terminal, maintenance shop.
(14) Cabinet or carpentry shop.
(15) Candle manufacturing.
(16) Carpet cleaning.
(17) Cheese manufacturing.
(18) Clothing manufacturing.
(19) Cold storage plant.
(20) Commercial private clubs and teenage clubs.
(21) Commercial schools, including mechanical and trade.
(22) Contractor plant or storage yard.
(23) Creamery and dairy products manufacturing.
(24) Dance hall (no mixed alcoholic beverage sales permitted).
(25) Egg storage, candling or processing plant.
(26) Electronic components assembly.
(27) Feed store.
(28) Fruit and vegetable canning or preserving manufacture —not otherwise classified.
(29) Game room, pool, billiard and/or domino parlor.
(30) Garage, public, repair. (Outside storage of customer automobiles authorized.)
All work and separate parts shall be inside a building.
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(31) Glassblowing.
(32) Ice cream manufacturing.
(33) Ice manufacturing and bulk dry ice storage.
(34) Insulation applicator-
(35) Irrigation sales and services, including pumps and equipment. (Business permitted
outside of building).
(36) Laboratory, physical testing.
(37) Lumber yard. (Business permitted outside of building).
(38) Machine shop.
(39) Mattress manufacture or renovation.
(40) Meat processing plant, with no slaughter.
(41) Mini -warehouses.
(42) Mobile home manufacturing.
(43) Mobile home sales.
(44) Mobile home storage.
(45) Monument manufacture.
(46) Moving, storage, packing, manufacturing and crating of household goods.
(47) Nightclub, but or lounge.
(48) Ornamental iron works.
(49) Paper box and paper products manufacture.
(50) Pharmaceutical manufacture.
(51) Planing mill.
(52) Plumbing, heating, refrigeration, or air-conditioning business.
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(53) Portable building sales (fully constructed). Outside display in conjunction with the
on premises sale of fully constructed. portable buildings shall be permitted subject
to the regulations of this district.
(54) Prefabricated or ready -built house or portable building manufacturing and sales.
(Business permitted outside of building).
(55) Printing plant and/or newspaper.
(56) Produce market. (Business permitted outside of building).
(57) Pump sales and service.
(58) Road machinery sales and service (totally within a building).
(59) Roofing contractor's shop.
(60) Sash and door manufacture.
(61) Secondhand or used car sales lot, not including wrecking and repairing, but including
minor tuning. Outside display in conjunction with the on premises sale or rental of
automobiles shall be permitted subject to the regulations of this district.
(62) Sheet metal workshop.
(63) Sign shop.
(64) Spray painting.
(65) Stack lot.
(66) Store fixture manufacturing.
(67) Tire recapping and vulcanizing.
(68) Trailer and Class 7 and larger Heavy Duty truck, as that term is defined by the United
States Federal Highway Administration and the United States Environmental
Protection Agency, sales, rental or service. Outside display in conjunction with the
on premises sale or rental of trailers and trucks shall be permitted subject to the
regulations of this district.
(69) Trailer or camper manufacture.
(70) Truck or railway freight terminal depot or station.
(71) Truck and bus terminal maintenance or storage shops.
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(72) Truck stop.
(73) Warehouse.
(74) Welding equipment and supplies (acetylene).
(75) Welding shop.
(76) Antennas, towers or alternative tower structures other than a radio, television or
microwave broadcasting or transmission facilities approved by the planning
department pursuant to the standards of administrative review provided by section
40.02.002(h) herein. However, antennas or towers located on property owned by a
federal, state or local government entity shall be exempt from the requirements of
this chapter, provided a license, contract or lease authorizing such antenna or tower
has been approved by the governing authority of the applicable governmental
entity.
(77) Winery.
SECTION 4. THAT Section 40.03.2493(a) of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
See. 40.03.2493(a) Off-street parking
(a) Off-street parking —Required.
(1) C-4 uses —These uses shall meet the parking requirements of the C-4 District
(2) Wholesale sales and/or services, display areas and offices — one space for each three
hundred (300) square feet of gross floor area.
(3) Warehousing and/or storage in conjunction with wholesale sales and/or services.
One space for each two thousand (2,000) square feet of gross floor area.
(4) Outside display mew —One space for each two thousand (2,000) square feet of gross
display area.
(5) Manufacturing uses —One space for each one hundred and seventy-five (175) square
feet of gross floor area devoted to sales, service, display and/or offices, one space
for each two thousand (2,000) square feet of gross floor area devoted to
manufacturing plus one space for each two thousand (2,000) square feet of gross
floor area devoted to storage and other uses.
(6) Warehousing (storage only) and/or outside storage areas —One space for each five
thousand (5,000) square feet of gross floor area or outside storage area.
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(7) Commercial schools —One space for each one hundred (100) square feet of gross
floor area.
(8) 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.
(9) Winery —One space for each one hundred and seventy-five (175) square feet of gross
floor area devoted to sales, service, display and/or offices, one space for each two
thousand (2,000) square feet of gross floor area devoted to manufacturing plus one
space for each two thousand (2,000) square feet of gross floor area devoted to
storage and other uses.
(10) Commercial private clubs and teenage clubs, Dance halls, Nightclubs, bus and
lounges, game rooms, pool/billiard halls and domino parlors- One space for each
fifty (50) square feet of gross floor area.
(11) Mobile home sales — one space for each three hundred (300) square feet of gross
floor area.
(12) Portable building sales- One space for each three hundred (300) square feet of gross
floor area.
(13) Road machinery sales or service- One space for each three hundred (300) square
feet of gross floor area.
SECTION 5. THAT Section 40.03.3103 of the Code of Ordinances, City of Lubbock, Texas is
hereby amended to read as follows:
See. 40.03.3103 Permitted uses
(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," "R-1," "R-1A," and "R-
2" districts.
(2) In any district on a site of eighty (80) acres or more at the time of application. The
uses shall be limited to those uses permitted in the "R," "A" and "C-2A" Districts
with no more than five (5) per cent of the total development area being devoted to
commercial uses.
(3) In any district on a site of one hundred and sixty (160) acres or more at the time of
application. The uses shall be limited to those uses permitted in the "R," "A" and
"C-2A" and "C-2" Districts with no more than ten (10) per cent of the total
development area being devoted to commercial uses.
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(4) In any district on a site of forty (40) acres or more at the time of application. Tt
uses shall be limited to those uses permitted in the "C-4" and "M-1" Districts.
(5) In the "M-l" or "M-2" Districts on a site of forty (40) acres or more at the time c
application. The uses shall be limited to those uses permitted or conditional]
permitted in the "M-1" and "M-2" Districts.
(b) Townhouse/garden home. In the "R-I" and "R-IA" Districts provided the followin
requirements are met:
(1) Land platted for use under this section shall include all land area having continuos
common street frontage and located on one side of a street between intersectin
streets or with an alley substituting for one of the streets. Any single or combinatic
of housing types provided within this district shall be allowed in a contiguous In
area.
(2) Common areas shall be under the control and jurisdiction of a homeowner
association. Such association shall provide proof of incorporation prior to issuanc
of a construction permit.
(3) No townhouse structure shall have less than two (2) dwelling units or an overa
length exceeding two hundred and fifty (250) feet.
(4) Front Yard. The minimum front yard shall be fifteen (15) feet, provided that in n
case shall a garage or carport fronting onto a street be less than twenty (20) let
from the property line adjacent to the street.
(5) Rear yard. The minimum rear yard shall be five (5) feet for any one-story structun
and fifteen (15) feet for any two-story structure. However, if access to a garage c
one-story carport is from an alley or access easement, the minimum setback sha
be twenty (20) feet for garages, five (5) feet for one-story carports not having soli
side walls. Setback shall be measured from the property line if from an alley and/c
from the easement line if from an access easement.
(6) Side yard. The minimum side yard shall be zero (0) feet; however, there shall be e
least ten (10) feet of separation between structures. When garden homes at
constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero ((
setback shall be dedicated as an access easement for the zero (0) setback garde
home. There shall be a minimum of ten (10) feet from any property line adjacent t
a street, except that in no event shall a residential garage be less than twenty (2C
feet from any property line adjacent to a street.
(7) Lot frontage.
(A) The minimum lot frontage for each individual townhouse unit shall be twent
(20) feet.
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(B) The minimum frontage of any garden home shall be thirty-five (35) feet.
(8) Lot area.
(A) The minimum lot area for each individual townhouse unit shall be two
thousand (2,000) feet.
(B) The minimum area of any development lot for garden homes shall be twenty-
eight hundred (2,800) square feet.
(9) Lot coverage. The combined area of all structures shall not exceed sixty-five (65)
percent of the lot area. Trellised and open porches shall not be counted in the
combined area.
(10) Hei t. No structure shall exceed two (2) stories or thirty-five (35) feet in height.
(11) Parking. Two (2) off-street puking spaces shall be provided per residential unit in
a structure.
(12) Landscape. In addition to any required landscaping for common areas, the front
yard and parkway areas shall be landscaped and permanently maintained.
(13) Access. If lots do not front on a public street, they shall front onto an access
easement that has access to a public street.
(14) Fencin . Any front yard fencing shall conform to section 40.02.002(I)(9)(A) of this
Code.
(15) Site plan. Site plans required at section 40.03.3102 of this Code shall not be
applicable to this specific use district.
(c) Residential estates —Residential with livestock. In any residential district provided provisions,
uses, and standards of that district as well the following requirements are met:
(I) A zone case shall be approved by the planning commission and the City Council
for each lot, tract, parcel or subdivision proposed as "RE".
(2) Maintenance of livestock in the "RE" Zone shall be limited to the permitted total
number of animal units for each lot, tract, or parcel. Any domestic or exotic animal
except those described as "animal units" are expressly forbidden unless allowed
within Chapter 4 of this Code.
(3) "Animal unit." A single cow, horse, mule, or donkey shall constitute one (1) animal
unit. Sheep and female goats shall constitute one-half (1/2) an animal unit. Male
goats shall be prohibited within the eity limits.
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(4) The keeping of animal units within any "RE" District shall be permitted only in
conjunction with the residential use of individual lots, tracts, or parcels, unless
otherwise provided by this Code.
(5) The keeping of all other animals, including household pets, shall be permitted only
in conformance with Chapter 4 of this Code.
(6) The commercial keeping or stabling of domestic livestock contemplated within the
definition of "animal units" for remuneration shall be expressly prohibited unless
approved under section subsection (d) of this section.
(7) "RE" shall allow "animal units" when adequately housed and fenced (as defined in
section subsection (c)(11) and (12) of this section) on a lot, tract, or parcel of land
as follows:
(A) A twenty thousand (20,000) square foot minimum size of lot, tract, or parcel
shall have a maximum of two (2) animal units.
(B) For each additional ten thousand (10,000) square feet of land within an
individual "RE" lot, tract, or parcel, one (1) additional animal unit shall be
allowed.
(C) In no instance shall an individual "RE" lot, tract, or parcel have a total
number of animal units greater than four (4). An exception shall allow
young animals mothered by resident animals for a time period not greater
than six (6) months.
(8) No killing or dressing of animals for human or animal consumption shall be
permitted on any lot, tract, or parcel zoned "RE".
(9) 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 to the front property line than the front of any residential structure on
the lot, tract, or parcel zoned "RE" or existing residential structures on lots, tracts,
or parcels on the same side of the street and immediately adjacent to the lot, tract,
or parcel zoned "RE".
(10) All animals kept in "BE" Districts shall be confined within pens or fences of suitable
materials and substantial construction sufficient to restrain the animals.
(11) 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.
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(12) 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 "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 "RE".
(13) 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.
(14) 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 not be required for "RE"
designation.
(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
we 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 units 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
C-a District Changes-PZC Approved -final (1-22-19) Page 17 of 30
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 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-1A, 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.
C4 District Changes-PZC Approved -Final (1-22-19) Page 18 of 30
(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.
(e) Commercial uses —"C-2" District. The following commercial uses in "C-2" District
provided all of the requirements of that district are met and further provided that additional
requirements are approved by the City Council which will insure proper protection to and
compatibility with adjacent uses:
(1) Hotel or motel. (Nightclub permitted as an accessory use.)
(2) Self-service gasoline sales.
(f) Commercial uses — "C-3" District.
(1) Automobile sales and service. (No used cars or recreational vehicle sales permitted.)
(2) Upholstery shop, furniture. (No furniture refinishing or outside storage permitted.)
(g) Commercial uses —"C-4" District.
(1) Commercial private clubs and teenage clubs.
(2) Dance halls (no mixed alcoholic beverage sales permitted).
(3) Game room, pool, billiard and/or domino parlors.
(4) Nightclubs, bars or lounges.
(i) Minimum parking requirements for (g)(1)-(4) above: One space for each
fifty (50) square feet of gross floor area.
(h) Industrial uses — "M-1" and "M-2" Districts.
(1) Billboards.
(i) Industrial uses — "M-2" District. The following industrial uses in the "M-2" District
provided all of the requirements of that district are met and further provided that additional
requirements are approved by the City Council which will insure proper protection to and
compatibility with adjacent uses.
(1) Acetylene manufacture and storage.
(2) Acid manufacturing.
(3) Alcohol manufacture and storage.
C-4 District Changes-PZC Approved -Final (1-22-19) Page 19 of 30
(4) Ammonia manufacturing or storage.
(5) Arsenals.
(6) Asphalt manufacturing or refining.
(7) Bleaching powder or chldrine manufacture or storage.
(8) Butane and propane manufacture.
(9) Celluloid or similar —cellulose material manufacture.
(10) Cement, lime, gypsum, or plaster of Paris manufacture.
(11) Chemical plants.
(12) Cotton baling or compressing (no ginning).
(13) Cotton ginning.
(14) Cottonseed products manufacturing.
(15) Creosote treatment or manufacturing.
(16) Disinfectants and insecticides.
(17) Dye stuff manufacture.
(18) Fat rendering.
(19) Feedlot for livestock.
(20) Fertilizer manufacture.
(21) Foundry
(22) Galvanizing.
(23) Gas manufacture.
(24) Glue or gelatin manufacturing.
(25) Hatchery —fish or fowl.
(26) Liquefied petroleum gas sales and service, wholesale.
CA District Changes-PZC Approved -Final (1-22-19) Page 20 of 30
(27) Livestock auction sales.
(28) Match manufacture.
(29) Mixing plant for concrete, mortar, plaster and paving materials.
(30) Oil compounding and barreling.
(31) Oil cloth and linoleum manufacture.
(32) Oil reclamation plant.
(33) Oil and rubber goods manufacture and refining.
(34) Paint manufacture.
(35) Petroleum refining.
(36) Pickle, sauerkraut, or vinegar manufacture.
(37) Poultry raising, killing, dressing, and packing.
(38) Slaughter of animals.
(39) Smelter.
(40) Soap manufacture.
(41) Storage of hides or skins.
(42) Stockyards.
(43) Storage of poisonous gases and insecticides.
(44) Structural steel plant.
(45) Tanning and curing of raw hides or skins.
(46) Tar distillation or manufacturing.
(j) Churches and other places of worship in any district.
(k) Public uses. Any use or public building to be erected or used by the city, county, state, or
federal government in any district.
(1) Antennas, towers and alternative tower structures.
C-4 District Changes-PZC Appmved-final (1-22-19) Page 21 of 30
(1) For wireless telephonic communication other than receive only antennas may be
permitted in any zoning district provided that the proponent of such use has
incorporated the minimum requirements of subsection 40.02.002(h) and any other
applicable requirements into the site plan and application materials.
(2) For radio, television and microwave broadcasting or transmitting towers or stations
in any zoning districts.
(m) Hospitals. In any district on a site of five (5) acres or more at the time of application.
(n) Greenhouse or plant nurseries. In any district on a site of five (5) acres or more at the time
of application.
(o) Sanitarium. In any district on a site of ten (10) acres or more at the time of application.
(p) Veterinary hospital or clinic. Hospital or clinic for the medical and surgical treatment of
small animals such as dogs, cats, birds, and the like in any "C-2A" or less restricted zoning
district. Such hospitals or clinics and any treatment rooms, cages, pens, or kennels shall be
maintained within a completely enclosed, soundproof building and operated in such a way
as to produce no objectionable odors outside its walls. Kennel use shall be limited to short -
time boarding and shall only be incidental to such hospital or clinic use. Sound transmission
loss shall be equivalent to an eight -inch block wall filled with insulating material.
(q) Athletic field, park, stadium, or arena. commercial. In any district on a site of twenty (20)
acres or more at the time of application.
(r) Mobile home or travel trailer park. In any district on a site of ten (10) acres or more at the
time of application, provided that all requirements of Chapter 32 of the City of Lubbock
Code of Ordinances are met.
(s) Mobile home subdivision. In any zoning district on a site of twenty (20) acres or more,
provided such tract shall have been final platted of record in its entirety in accordance with
the City of Lubbock Subdivision Regulations and shall meet the following conditions:
(1) Lot width. The minimum average width of any lot shall be fifty (50) feet
(2) Lot area. The minimum lot area shall be five thousand (5,000) square feet.
(3) Front vard. The minimum front yard shall be fifteen (15) feet.
(4) Rear yard. The minimum rear yard shall be ten (10) feet measured from the rem
property line to the rear of the structure; except where a twenty -foot alley exists, a
five-foot rem yard shall be permitted.
(5) Side yards. There shall be a minimum side yard of ten (10) feet on each side except
that canopies and patio covers with supporting columns, open on three (3) sides and
C-4 Distnct Changes-PZC Approved -Final (1-22-19) Page 22 of 30
constructed of noncombustible materials, may extend to within five (5) feet of the
side property line. On comer lots, the minimum side yard adjacent to the side street
shall be ten (10) feet.
(6) Density. One mobile home shall be permitted on each platted lot,
(7) Lot coverage. Maximum lot coverage shall be forty (40) percent.
(8) Off -sheet parking. One off-street parking space shall be provided on each lot, plus
one space for each four (4) lots in the development.
(9) Tie -downs and hard stands. Tie -downs and hard stands shall he provided for each
mobile home as established by the building code prior to issuance of building
permits.
(10) Storage. The area under the mobile home shall not be used for storage of any kind.
Said area shall be completely enclosed with the same materials m used for exterior
siding on the mobile home.
(11) Accessory buildings. All accessory buildings and/or structures shall conform to the
building code of the City of Lubbock and article 40.02, division I of the zoning
ordinance of the City of Lubbock.
(12) Curbs, gutters and sidewalks. Curbs, gutters and sidewalks shall conform to Chapter
36 of the City of Lubbock Code of Ordinances.
(13) All utilities shall be located underground and shall comply with City of Lubbock
Code of Ordinances.
(14) The plat title shall indicate that the subdivision is a mobile home subdivision and
that the primary structure shall be a mobile home.
(15) All mobile homes placed within the mobile home subdivision shall comply with all
the standards established by Chapter 32 of the City of Lubbock Code of Ordiances.
(t) Junkyards, salvage Yards, or automobile wrecking Yards. In the "M-2" District on a site of
five (5) acres or more at the time of application, provided the following conditions are met:
(1) Operator must hold a permit (or licenses) issued in accordance with the City Code
of the City of Lubbock, Texas.
(2) That a six -foot -high screening fence of wooden or masomy construction or the
equivalent thereof as described on a detailed site plan approved by the planning and
zoning commission and the City Council shall be constructed entirely surrounding
the property and permanently maintained except where a permanent building is
erected. Said building shall constitute a portion of the screening fence. A display
C-4 0istrict Changes-PZC Approved -Final (1-22-19) Page 23 of 30
area may be provided adjacent to the fronting street provided the following
conditions are met:
(A) Set back a minimum of twenty-five (25) feet from the fronting street.
(B) A screening fence as described above shall be constructed on the sides and
rear of such display area.
(C) The total area to be used for display shall not exceed five (5) percent of the
total development lot area.
(D) Display of parts and/or used cars which are for resale may be displayed in
this area. Said used cars must be complete with no parts removed and no
more than five (5) used cars may be displayed.
(3) No item of junk, salvage, or other merchandise shall be stacked or permitted to be
stacked or stored in excess of the height of the enclosing fence or wall nor nearer
than two (2) feet thereto except that wrecked vehicles may be stacked two (2) feet
high provided said vehicles are stacked a minimum of seventy-five (75) feet from
any property line.
(4) Such junk, salvage, or other merchandise on the premises shall be arranged to
provide reasonable inspection of, or access to, all parts of the premises.
(5) All proposed signs and/or advertising displays be detailed on the site plan which is
to be submitted in accordance with section 40.03.3102 of this code.
(6) Any drainage requirements, as required by the city engineering department, shall
be met.
(7) That all such premises be open for inspection to, and meet the requirements of, the
city's fire, police, health and building authorities.
(8) No advertising shall be permitted on screening fences.
(u) Mining and extraction of caliche, clay, gravel: quarrying of rock or stone: sanitary landfills.
In any district provided the following conditions are met:
(1) Ten (10) copies of a site plan shall be submitted at the time of application showing
the following information:
(A) A survey and legal description of the property together with north arrow,
scale, and date.
(B) Show owner of property in question and ownership of all adjacent property.
C-4 District Changes-M Approved -Final (1-22-19) Page 24 of 30
(C) Typical features, existing, and proposed, such as property line, streets, alleys,
easements, buildings or other structures, driveways, screening, and
landscaping on the property and within two hundred (200) feet thereof.
(D) Designation of the depth to which excavation or fill will be made and the
angle of all side slopes.
(E) Statement describing provisions for controlling dust.
(F) Statement of precautions to be taken to guide traffic movements safely in,
around and by said operation.
(v) Motorcycle race track. In the "M-2" zoning district provided that this operation shall not
disseminate dust, fumes, gas, noxious odors, trash, smoke, glare, or other atmospheric
influence beyond the boundaries of the property, and which produces noise exceeding in
intensity at the boundary of the property the average intensity of noise of street traffic at
that point, and provided that such use does not create fire hazard on surrounding property.
(w) Commercial uses —"AM" District. The following uses in the "AM" District provided the
purpose and requirements of that district are met and further provided that additional
requirements are approved by the City Council which will insure proper protection to and
compatibility with adjacent uses:
(1) Hotel or motel.
(2) Restaurant.
(3) Offices other than hospital, clinic or medical offices and administrative offices
for the medical profession, including independent management, legal,
accounting and bookkeeping service for doctors, hospitals, clinics, and
medical personnel.
(4) Savings and loan offices.
(x) Electronic components assembly. In the "C-4" District.
(y) Specific use —Any district. The planning and zoning commission or City Council may
require a specific use zone change to regulate uses and standards allowed within respective
districts where the nature of adjacent land uses requires higher development standards than
found in such districts.
(z) Mini -warehouses in "C-4." Subject to the following as minimum conditions:
(1) Limited to single -story structures.
(2) Individual lease spaces shall not exceed two hundred fifty (250) square feet.
C-6 District Changes-M Approved -Final (1-22-19) page 25 of 30
(3) The storage of foods which are explosive, highly flammable, or produce
noxious odors shall be prohibited.
(4) No mini -warehouse development lot shall abut a street which is the boundary
of an abutting "RR," "R-1," "R-IA," or "R-2" zone.
(5) A six-foot solid masonry fence, or the equivalent, shall be erected and
permanently maintained adjacent to any residential zone.
(6) The mini -warehouse structures, when visible from any residential parcel, or
the fronting street of a commercial zone, shall be constructed of material
which is comparable in texture, color and quality to adjacent buildings in
commercial zones. Such detail shall be specified on the site plan.
(7) Landscaping and setback requirements in "C-4" Zone shall be met as a
minimum requirement.
(8) Any person, firm or corporation owning or operating the subject property
failing to comply with the above conditions shall be guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine not to
exceed two hundred dollars ($200.00) and each and every day's violation
thereof shall constitute a separate and distinct offense.
The failure of any corporation owning or operating the subject property to
comply with any of the above conditions shall render the president, vice-
president, general manager, local manager and local agent liable to the
penalty prescribed in this section.
(aa) Sexually oriented business. In any C3, C4, IHC, IHI, MID, M1 and M2 zone subject to
consideration of the following:
(1) Consideration of testimony that the proposed use will not be injurious or
otherwise detrimental to the public health, safety, morals and general
welfare of the general public.
(2) Consideration of testimony that approval of the proposal will not be injurious
to the property or improvements in the vicinity adjacent to the proposed use.
(3) Consideration of a request shall take into account the character and use of
adjoining buildings and those in the vicinity, the number of persons residing
or working adjacent to the proposed use and the impact of the proposed use
on traffic in the vicinity.
(4) Written notices of public hearings under this section shall be given as required
by section 40.01.005 of the Code of Ordinances and in addition thereto
written notification shall be given in the same manner to all owners of real
CA District Changes-M Approved Final (1-22-19) Page 26 of 30
property lying between two hundred (200) feet and one thousand (1,000)
of the property
(bb) Blood banks and blood plasma centers. In the "AM," "C-2A," "C-2," "C-3, "C-4," "IHC,
"9HI," "M-1" and "M-2" zoning districts. Required off-street parking —One space for cad
one hundred (100) square feet of gross floor area.
(cc)
(dd)
of Pardons and Paroles. In the "C-4", "IDP", "M-1 ", "M-2", and `9HI" zoning districts.
community based shelters as defined in section 40 01 003(41). In the "A-2", "C4", "IDP",
"IHC", `9HI", "M-I", and "M-2" zoning districts. Required off-street puking —One (1)
space for each three hundred (300) square feet of gross floor area.
(cc) 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 Few
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.
(S) 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."
C-4 District Changes-PZC Approved -Final (2-22-19) Page 27 0(30
(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.
(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.
Secs. 40.03.3104-40.03.3210 Reserved
SECTION 6. THAT Section 40.04.015 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Sec. 40.04.015 Billboards (poster panels or bulletins, multi -prism signs, or painted
or printed bulletins)
Outdoor advertising signs of this type shall only be permitted as specifically allowed in a
particular zoning district, subject to the following conditions.
(1) Billboards shall be constructed to meet the construction standards as
established in the City of Lubbock Building Code.
(2) The maximum area of any billboard located in the "M-1," "M-2" Districts
shall be seven hundred and fifty (750) square feet.
(3) There shall be a minimum separation of two hundred (200) feet between all
billboards on the same side of the street, provided however, this shall be
increased to five hundred (500) feet on expressways.
(4) Billboards shall have a front setback of not less than the greater of (1) forty-
three (43) feet, or (2) the greatest setback of all the front buildings on the
lot on which the billboard is located, or if none, then that of the lots
contiguous to the lot upon which the billboard is located.
(5) Billboards shall have a maximum height of thirty-five (35) feet.
(6) All lighting of billboards shall be so shielded as not to produce intensive or
excessive light or glare on adjacent property.
CA District Changes-PZC Approved -Final (1-22-19) Page 28 030
(7) Billboards shall be prohibited from being placed within the Canyon Lakes
Policy Zone and Memorial Civic Center area.
(8) Billboards with electronic message displays shall be subject to all
operational requirements for electronic message display signs.
SECTION 7. THAT, violation of any provision of this Ordinance shall be deemed a misdemean
punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided
Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.
SECTION S. THAT should any paragraph, section, sentence, phrase, clause or word of th
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinani
shall not be affected thereby.
SECTION 9. THAT the intent of this Ordinance is to apply consistent changes to any portion
the Code of Ordinances of the City of Lubbock that is or may be affected by the changes providt
herein. This Ordinance is also intended to apply consistent changes to any Ordinance that has be(
approved by the City Council of the City of Lubbock that is or may be affected by the change
provided herein. If this Ordinance has omitted any portion of the Code of Ordinances or any oth
Ordinance that should otherwise be affected by the changes provided herein, such omission
inadvertent and unintentional, and, upon the effective date of this Ordinance, any such omittt
portion of the Code of Ordinances or other Ordinance shall be interpreted in such a manner as
comply with the changes provided herein.
SECTION 10. THAT the City Secretary of the City of Lubbock is hereby authorized and direct[
to cause publication of the descriptive caption of this Ordinance as an alternative method providt
by law.
SECTION 11. THAT this Ordinance shall become effective, except as may otherwise be providt
herein, from and after its publication as provided by law.
CA District Changes-PZC Approved -Final (1-22-19) Page 29 of 30
AND IT IS SO ORDERED.
Passed by the City Council on first reading on January 22 , 2019.
Passed by the City Council on second reading on February 12 , 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Re ecca Garza, City Se ret
APPROVED AS TO CONTENT:
AJ weer, Director of Planning
APPROVED AS TO FORM:
Amy s, Dep y Ci ttomey
C-4 District Changes-PZC Approved -Final (1-22-19) Page 30 of 30