HomeMy WebLinkAboutOrdinance - 2017-O0159 - Amending Chapter 40 Zoning Code Of Ordinances Adding Division 3A - 12/07/2017First Reading
December 7, 2017
Item No. 6.14
ORDINANCE NO. 2017-00159
Second Reading
December 18, 2017
Item No. 7.12
AN ORDINANCE AMENDING CHAPTER 40, "ZONING," OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY ADDING DIVISION 3A,
"R-IA" REDUCED SETBACK SINGLE-FAMILY AS A ZONING DISTRICT, WITH
SAID DIVISION 3A TO BE NUMBERED 40.03.251 THROUGH 40.03.262;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS
TO ADD THE R-IA ZONING DISTRICT TO ALL APPROPRIATE PROVISIONS
• RELATED TO THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A CONSISTENCY IN APPLICATION CLAUSE; AND PROVIDING
FOR PUBLICATION.
WHEREAS. the Plaruting & Zoning Commission of the City of Lubbock, Texas (the
"Commission"), during its meeting on August 21, 2017, found that it is in the best interest of
the citizens of the City of Lubbock to add R-1 A Reduced Setback Single-Family Zoning to
Chapter 40 ofthe Code of Ordinances of the City of Lubbock (the "Code"); and
WHEREAS, the Commission 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
R-1 A Reduced Setback Single-Family 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 40.02.003 of the Code of Ordinances, City of Lubbock. Texas
is hereby amended to read as follows:
"All land arutexed by the City of Lubbock shall be designated as "Transition Zoning
District" (T). No person shall erect, excavate, construct, or proceed or continue with
the erection or construction of any building or structure or add to, enlarge. move.
improve, alter, repair, convert, insulate or extend or demolish any building or structure
or cause the same to be done in any newly arutexed territory to the City of Lubbock
without first applying for and obtaining a building permit from the building inspector
or the City Council.
(1) Permits issued by building official. In a territory newly annexed to the
City of Lubbock, a building permit shall not be issued by the building official
except for "R-IA Reduced Setback Single-Family District" permitted uses
unless and until such territory has been classified in a zoning district other than
the "T" District by the City Council in the manner prescribed by city codes and
a plat approved by the planning commission and recorded in the Lubbock
Chapter 40-Additions & Amendments for R·lA Zoning District Page 1
County Courthouse. For a period of one year after the effective date of
annexation the following exceptions shall apply:"
The remainder of Sec. 40.02.003 is not amended by this ordinance and shall remain
unchanged and in full force and effect.
SECTION 2. THAT Section 40.02.055(b)(4) of the Code of Ordinances, City ofLubbock.
Texas is hereby amended to read as follows:
"(4) Pennit the use of property in the "R-1," "R-lA," 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 3. THAT Section 40.02.055(b)(l7) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(17) In the "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 4. THAT Section 40.03.001 ofthe 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
R-1 Single-Family District
R-1 A Reduced Setback Single-Family District
R-2 Two-Family District
A-1 Family Apartment District
A-2 Hi gh-Density Apartment District
A-3 High-Rise Apartment District
Chapter 40-Additions & Amendments for R-lA Zoning District Page 2
R"3 Multi-Family District
AM Apartment-Medica) 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)
CA Commercial District
IPD Industrial Park District
M" I 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 5. THAT Section 40.03.002 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Boundaries of the districts as enumerated in 40.03.001 of this chapter are
hereby established and adopted on the zoning maps of the City of Lubbock which are
made a part of this chapter as fully as if the same were set forth herein in detail, and
such maps shall be in triplicate originals and the same are hereby adopted in triplicate.
each of which shall bear the signature of the mayor and attestation of the city secretary
for identification and authentication; one of said triplicate originals shall be
permanently sealed for the purpose of 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
Chapter 40-Additions & Amendments for R·lA Zoning District Page 3
of the public; one other triplicate original shall be hung in the office of the secretary of
the planning and zoning commission, and the remaining 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.
(b) It shall be the duty of the secretary of the planning and zoning commission to
keep up-to-date the triplicate originals on file in his office, and in the office of the
building inspector, showing all the changes, amendments, or additions thereto, and
noting on such maps the ordinance number and date of passage of each such change,
amendment, or addition.
(c) When definite distances in feet are now shown on the zoning maps, the district
boundaries are intended to be along existing street, alley, or plotted lot lines, or an
extension of the same.
(d) Whenever any street or alley is vacated, the particular zoning applying to the
property fronting or abutting on any such street or alley shall upon such vacation be an
extension of the same.
(e) Color legend revision:
( 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
R-1 Medium yellow
R-IA 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
Chapter 40-Additions & Amendments for R·lA Zoning District Page 4
C-2A Lavender
C-2 Dark orange
C-3 Medium red
C-4 Dark red
IPD Black
M-1 Dark gray
M-2 Purple
(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:
Zoning District Shade or Color
T Overlay pattern
DH Overlay pattem
R-1 Medium yellow
R-lA 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
Chapter 40-Additions & Amendments for R-lA Zoning District PageS
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
IHO Overlay pattern
IHC Overlay pattern
IHI Overlay pattern
su Overlay pattern
(3) The legend of each of said new triplicate original zoning maps shall, (in
addition to the color legend shown in paragraph (2) of this subsection) have
another listing to indicate that ordinance conditions exist on any piece of
property, where such conditions imposed by ordinance exist. Property subject
to conditions imposed by a zone change ordinance shall be identified by
overlaying said property and color with a transparent dotted pattern. Said
overlaying triplicate original to be kept under seal ofthe date affinal passage
of this ordinance and overlaying of the other two (2) new triplicate originals
shall be done by said secretary as and when called for by the passage of a new
ordinance imposing conditions for zone change.
(4) Each of the triplicate original zoning maps shall bear the signature of
the mayor and attestation of the city secretary for identification and
authentication. The new triplicate original pennanently sealed as provided in
paragraph (2) ofthis subsection shall be retained w1changed; however, each of
the other two (2) new triplicate originals provided for in paragraph (2) of this
Chapter 40-Additions & Amendments for R-lA Zoning District Page6
subsection shall be revised as and when the need arises in the manner
prescribed in subsection 40.03.002(e)(2) of Zoning Ordinance No. 7084 ofthe
City of Lubbock. The new color legend adopted by the subsection shall be used
for such revisions.
(5) Said new triplicate original zoning map which is permanently sealed,
and said two (2) other new triplicate original zoning maps as same are currently
amended and/or revised, are all hereby made a part of Zoning Ordinance No.
7084 of the City of Lubbock as fully as if all of said new triplicate originals
were set forth herein in detail.
(6) The change in the color legend of zoning maps of the City of Lubbock
shall never be deemed or construed as in any manner effecting or
accomplishing a zone change on any property.
(7) The triplicate original zoning maps may be maintained in single maps
or sectional maps for the reason that the expansion of the limits of the City of
Lubbock makes it impractical in many instances to have the entire map in one
sheet.
(8) The triplicate original zoning maps shall be hung and maintained, as
provided, in the office ofthe secretary of the planning and zoning commission,
in the office of the building inspector, and in a convenient place in city hall for
the use and benefit of the public.
Sees. 40.03.003-40.03.100 Reserved"
SECTION 6. THAT Section 40.03.102 of the Code of Ordinances, City of Lubbock. Texas
is hereby amended to read as follows:
"(a) All land annexed by the City of Lubbock shall be designated as "T" Transition
District. Any activity related to development or construction prior to zone
classification change shall be approved in accordance with section 40.02.003, which
states "No person shall erect, excavate, construct, or proceed or continue with the
erection or construction of any building or structure or add to, enlarge, move, improve,
alter, repair, convert, insulate, or extend or demolish any building or structure or cause
the same to be done in any newly annexed territory to the City of Lubbock without
first applying for and obtaining a building permit from the building inspector or the
City Council."
(b) All uses existing at the time ofailllexation except "R-lA" permitted uses shall
become nonconforming.
(c) Any plat filed for an area designated as "T" Transition District before the
effective date of Division 3A "R·IA" Reduced Setback Single-Family District, shall
Chapter 40-Additions & Amendments for R·lA Zoning District Page 7
remain subject to "R-1" Single-Family District requirements unless the zoning for the
filed plat is changed through the procedures provided for in this Chapter."
SECT I 0 N 7. THAT Section 40.03.103 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"The uses and regulations for this district shall be the same as provided in division 3A
ofthis article, "R-lA" Reduced Setback Single-Family District.
Sees. 40.03.104-40.03.200 Reserved')
SECTION 8. THAT Section 40.03.212(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(c) Parkways. It shall be unlawful to set out, construct, maintain or permit to be
maintained, set out or constructed any shrub, plant {excluding trees), sign, 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 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. 40.03.213-40.03.250 Reserved"
SECTION 9. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended
by adding a Division 3A to Chapter 40, to be numbered 40.03.251 through 40.03.262, which
said division reads as follows:
"Division 3A. "R-lA" Reduced Setback Single-Family District
Sec. 40.03.251 Purpose
The purpose of this district is to promote orderly and proper development of single-
family residential units, to protect established and future single-family residential
developments from inharmonious and harmful land uses, and to provide a ''quality
environment" for the residents of the district and city.
Sec. 40.03.252 General provisions
Chapter 40-Additions & Amendments for R·lA Zoning District Page 8
(a) Single-family dwelling units constructed in this zoning district shall comply
with the regulations ofthe "R-1 A" District.
(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 otherwise be permitted which is or would reasonably be injurious
to the neighborhood residents or which would interfere with the reasonable use and
enjoyment of their 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) lntermodal shipping containers, as separate structures or as a component to a
structure, are prohibited for use within a district zoned as "R-IA."
Sec. 40.03.253 Permitted uses
Pennitted uses in this district are the following:
(1) Single-family dwelling units.
(2) Public parks and recreational facilities owned by the City of Lubbock.
including party houses or community centers.
(3) Home beauty shops as defined in section 40.01.003(48).
(4) Garage sales as specified in section 40.01.003(73).
(5) Accessory buildings as follows, subject to all other requirements of this
division.
(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.
(B) Private garage, tool house, greenhouse, storage house, or pool
house.
(6) Day nurseries, provided the residence is owner-occupied and not more
than six ( 6) children are kept at any one time.
(7) Public schools.
(8) Oil and gas wells (subject to the conditions ofChapter 8.07, Oil and
Gas Drilling, of this Code).
Chapter 40-Additions & Amendmenu for R·lA Zoning District Page 9
(9) Group housing for handicapped persons as defined in section
40.01.003(79).
(I 0) Anterma, tower, or alternative tower structure other than a radio.
television, or microwave broadcasting or transmitting antenna or facility, only
when the anterma 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.
Sec. 40.03.254 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) Customary home occupations as defined in section 40.01.003(46).
(2) 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.
(3) Churches and other places of worship, including accessory uses and
buildings.
( 4) Fire stations.
(5) Public utility installations, excluding office building. garages and
shops, railroad yards, loading yards and warehouses.
(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 athletic fields, stadiums and similar athletic areas.
(8) Servants' quarters or guest houses on a lot containing ten thousand five
hundred (10,500) square feet or more of net development area.
(9) Group housing for handicapped persons in a shared residential living
arrangement which provides a familyMtype environment for seven (7) or more
handicapped persons, supervised by one or more primary care givers, as further
defined in sections 40.0 1.003(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
Chapter 40-Additions & Amendments for R-lA Zoning District Page 10
real property lying within one thousand ( 1 000) feet of the property on which
the use is requested.
(1 0) 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.
(11) Residents requesting that more than six (6) chicken hens be maintained
on a residential lot or premises. Such approval shall not provide for a
commercial breeding business.
Sec. 40.03.255 Specific use
To provide limited flexibility for modem urban design, additional uses in this District
are provided in the "specific use" division 27 ofthis article.
Sec. 40.03.256 Yard requirements
(a) Front yard. The minimum front yard shall be twenty (20) feet. Lots which front
on cul-de-sac streets the minimum front yard shall be five (5) feet. A residential garage
shall have a front setback of at least twenty (20) feet.
(b) Rear yard. The minimum rear yard shall be fifteen (15) feet except that a one-
story wing or extension may be built to within eighteen (18) inches of the rear lot line.
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 side walls. Setback shall be measured from the property
line if from an alley and/or from the easement line if from an access easement.
(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any structure, including comer lots. Provided further, that in no case, shall a garage
fronting onto a street be within twenty (20) feet of the street property line, except on
platted lots that were of record on July 19, 1975, a garage fronting onto a street may
be built within ten (I 0) feet of side property line, until July 19, 1978.
(d) Tool or storage houses, not to exceed two hundred (200) square feet in area or
eight (8) feet in height, with no utilities except electricity, may be erected on the rear
and/or side property lines, with no minimum setback from those property lines at any
location in the rear yard (as defined in section 40.01.003(200) of this chapter). Any
other size of building or location shall be located with a minimum five-foot side
setback. No portion of overhang (roof, cornice, eave or sill) may project past any
property line.
(e) Projections into required yards.
Chapter 40-Additions & Amendments for R-lA Zoning District Page 11
(1) Cornices, eaves, sills, canopies, and chimneys may extend two (2) feet
into any required yard. Bay windows are not permitted under 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. 40.03.257 Lot width
There shall be no minimum lot width.
Sec. 40.03.258 Lot area
The minimum area of any development lot shall be five thousand (5,000) square feet
Sec. 40.03.259 Lot coverage
The combined area of all buildings shall not exceed fifty percent (50%); except that
unenclosed porches and permitted accessory buildings may cover an additional five
percent (5%).
Sec. 40.03.260 Height limit
(a) Buildings designed for residential occupancy shall not exceed two (2) stories
and shall not exceed thirty-five (35) feet. Detached garages and other accessory
buildings shall not exceed the height of the primary unit.
(b) 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.
Sec. 40.03.261 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.
Chapter 40-Additions & Amendments for R·lA Zoning District Page 12
(b) Off-street parking-Pennitted. 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.
(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) ofthis
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
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 comer 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:
Chapter 40-Additions & Amendments for R·lA Zoning District Page 13
(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 no minimum setback
(except the side yard adjacent to the street on corner lots as
described below), or behind the established front yard setback
line for this zone district. 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 (S)(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:
(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 f01ty-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.
Chapter 40-Additions & Amendments for R·lA zoning District Page 14
Sec. 40.03.262 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 Jess 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 Jess than
two (2) feet long on each side which is perpendicular to the street, or utility poles
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. 40.03.263-40.03.320 Rcscnred"
SECTION 10. THAT Section 40.03.323 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"Permitted uses in this district are the following:
(1) Any use unconditionally permitted in the "R-1" or "R-1 A" District.
(2) Two-family dwelling units.
Chapter 40-Additions & Amendments for R-lA Zoning District PagelS
(3) Townhouse/garden home (subject to the requirements of section
40.03.31 03(b))."
SECTION 11. THAT Section 40.03.324 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"Any use conditionally permitted in the "R-1 ,. or "R-IA" District may be permitted
when approved by the zoning board of adjustment in the manner specified in article
40.02. division 2."
SECTION 12. THAT Section 40.03.551 ofthe 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 enviromnental 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 "R-1," "R-IA," 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 13. THAT Section 40.03.553 ofthe Code of Ordinances, City ofLubbock, Texas
is hereby amended to read as follows:
"Permitted uses in this district are the following:
(I) Any use unconditionally permitted in the "R-1 ," "R-1 A," or "R~2"
Districts.
(2) Multi-family dwellings and apartments.
(3) Row dwellings or townhouses which meet the development standards
as provided in the "specific use" section 40.03.31 03(b) of this chapter.
( 4) Accessory uses, limited to a rental office. club rooms, recreational
rooms, covered pools, or laundries."
SECTION 14. THAT Section 40.03.554 ofthe Code ofOrdinances, City of Lubbock, Texas
is hereby amended to read as follows:
"Any use conditionally permitted in the "R-l ," "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."
I. Chapt.er 40-Additions & Amendments for R-lA Zoning District Page 16
SECTION 15. THAT Section 40.03.556 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be twenty-five (25) feet, except that
when the entire front yard is landscaped and permanently maintained, the required
front yard may be fifteen (15) feet. This section shall not be construed so as to permit
obstructions of any nature on corner lots within the visibility triangle as defined in
section 40.02.002(f)(9)(B). Lots which front on cul-de-sac streets and which are
contiguous to lots which do not front onto cul-de-sac streets shall have their front yard
measured from where they would normally be measured if the street did not terminate
in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac
streets shall have their front yard setback the same distance from the sidewalk or curb
as established for those lots which front on cul-de-sac streets, and which are contiguous
to lots which do not front onto cul-de-sac streets. In no event, however, shaH any
residence have less than a fifteen-foot front yard setback, and in no event shall a
residential garage have less than a twenty-foot front setback.
(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 "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.
(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any single-story structure, ten (1 0) 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 (1 0) feet.
When the property abuts an "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 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 16. THAT Section 40.03.671 ofthe Code of Ordinances, City ofLubbock, 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 "R-1 ," "R-lA," 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 oflower-density uses.''
Chapter 40-Additions & Amendments for R-lA Zoning District Page 17
SECTION 17. THAT Section 40.03.674 ofthe 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 conditionally in the "R-1," "R-lA," "R-2," or "A-1''
Districts and not otherwise pennitted 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 18. THAT Section 40.03.676 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be twenty-five (25) feet, except that
when the entire front yard is landscaped and permanently maintained, the required
front yard may be fifteen (15) feet. This section shall not be construed so as to permit
obstructions of any nature on comer lots within the visibility triangle as defined in
section 40.02.002(f)(9){B). Lots which front on cul-de-sac streets and which are
contiguous to lots which do not front onto cul-de-sac streets shall have their front yard
measured from where they would normally be measured if the street did not terminate
in a cul-de-sac but continued on its course. All other lots which front onto cul-de-sac
streets shall have their front yard setback the same distance from the sidewalk or curb
as established for those lots which front on cul-de-sac streets and which are contiguous
to lots which do not front onto cul-de-sac streets. In no event, however, shall any
residence have less than a fifteen-foot front yard setback, and in no event shall a
residential garage have less than a twenty-foot front setback.
(b) Rear yard. The minimum rear yard shall be five (5) feet, except when the
proposed development is adjacent to an "R-1 ," "R-1 A," 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.
(c) Side yard. There shall be a minimum side yard of five (5) feet on each side of
any single-story structure, ten ( 1 0) 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 {1 0) feet.
When property abuts an "R-1 ," "R-1 A" 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 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.
Chapter 40-Additions & Amendments for R·lA Zoning District Page 18
(d) Projections into required yards.
(I) Cornices, eaves, sills, canopies, and chimneys may extend two (2) feet
into any required yard. Bay windows are not permitted under 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."
SECTION 19. THAT Section 40.03.791 ofthe 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 "R -1 ," "R -1 A," 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 20. THAT Section 40.03.796 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be twenty-five (25) feet.
(b) Rear yard. The minimum rear yard shall be twenty-five (25) feet, except when
the proposed development is adjacent to an "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.
(c) Side yard. The minimum side yard shall be twenty-five (25) feet, except when
the proposed development is adjacent to an "R-1 ," "R-1 A," or "R-2" District, the
minimum side yard shall be one foot for each one foot of total height.
{d) 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 under 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."
SECTION 21. THAT Section 40.03.916 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Chapter 40-Additions & Amendments for R-lA Zoning District Page 1!)
(a) Front yard. The minimum front yard shall be twenty-five (25) feet, except that
when the entire front yard is landscaped and permanently maintained, the required
front yard may be fifteen (15) feet. This section shall not be construed so as to pennit
obstructions of any nature on corner lots within the visibility triangle as defined in
Section 40.02.002(f)(9)(B).
(b) Rear yard. The minimum rear yard shall be five (5) feet. When proposed
development is adjacent to any "R-1," "R-IA.'' 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.
(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
with more than two (2) stories. When proposed development is adjacent to any "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.
(d) 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 under tllis section.
(2) Unenclosed fire escapes, stairways, or balconies, whether covered or
uncovered, may extend four ( 4) feet into the required front or rear yard.
SECTION 22. THAT Section 40.03.1035 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard on any lot line adjacent to a street shall be
forty-three ( 43) feet when parking is proposed in front of the structure. When side or
rear parking is approved, the minimum front yard shall be twenty-five (25) feet. This
section shall not be construed so as to permit obstruction of any nature or corner lots
within the visibility triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement, except the
minimum rear or side yard shall be ten ( 1 0) feet for any two-story structure if the
property is adjacent to any "R-1," "R-lA," or "R-2" zoned property, even if separated
by an alley.
(c) 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 under 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."
Chapter 40-Additions & Amendments for R·lA Zoning District Page 20
SECTION 23. 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 "R-1 ," "R-1 A," or "R-2" zone district
even if separated by an alley, no windows shall be permitted above ten (1 0) feet on the
building sides facing such residential districts, unless separated by a street.
( l) 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 24. THAT Section 40.03.1156 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet 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 forty-three ( 43) feet. This section, shall
not be construed so as to permit obstruction of any nature on corner lots within the
visibility triangle as defined in section 40.02.002(£)(9)(8).
(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 "R-1 ,"
"R-IA," 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.
{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 "R·l ,"
"R-IA," or "R-2" zoned property, the minimum side yard shall be one foot for each
one foot of total height.
(d) 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 under this section.
Chapter 40-Additions & Amendments for R·lA Zoning District Page 21
(2) Unenclosed fire escapes, stairways, or balconies, whether covered or
w1covered, may extend four (4) feet into the required front or rear yard.'•
SECTION 25. THAT Section 40.03.1276 ofthe Code of Ordinances. City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three ( 43) feet. 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 forty-three (43) feet. This section shall not
be construed so as to permit obstructions of any nature on corner lots within the
visibility triangle as defined in section 40.02.002(f)(9)(B ).
(b) Rear and side yard. There shall be no rear or side yard requirement. except
when the property is adjacent to any "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 ( 1 0) feet for any two-story structure.
(c) 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 under 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."
SECTION 26. THAT Section 40.03.1281 ofthe 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 "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 27. THAT Section 40.03.1396 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Chapter 40-Additions & Amendments for R-lA Zoning District Page 22
"(a) Front yard. The minimum front yard shall be forty-three (43) feet, 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 forty-three (43) feet. This section shall not
be construed so as to permit obstructions of any nature on corner lots within the
visibility triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement, except
when the property is adjacent to any "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 ( 1 0) feet for any two-story structure.
(c) Projections into required vard s.
(1) Cornices, eaves, sills, canopies, and chimneys may extend two (2) feet
into any required yard. Bay windows are not permitted under 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."
SECTION 28. THAT Section 40.03.140 I 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 "R-1," ''R-IA," or "R-2" District, even if
separated by an alley, no windows shall be permitted above ten (I 0) 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 29. THAT Section 40.03.1516 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet, or no Jess
than the average setback established by the development on the adjacent lot or lots.
The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not
be construed so as to permit obstructions of any nature on corner lots within the
visibility triangle as defined in section 40.02 .002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirements. except
where the property is adjacent to any "R-1." "R-IA," or "R-2" zoned property. even if
Chapter 40-Additions & Amendments for R·lA Zoning District Page 23
separated by an alley, the minimum side, or rear yard shall be five (5) feet for any
single-story structure, and ten (1 0) feet for any two-story structure.
(c) 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 under 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."
SECTION 30. THAT Section 40.03.1521 ofthe Code of Ordinances, City ofLubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "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 (I 0) 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 31. THAT Section 40.03.1636 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet, 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 forty-three (43) feet. This section shall not
be construed so as to permit obstructions of any nature on corner lots within the
visibility triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement. except
where the property is adjacent to any "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 (1 0) feet for any two-story structure.
Chapter 40-Additions & Amendments for R-lA Zoning District Page 2./l
(c) 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 under 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."
SECTION 32. THAT Section 40.03.1641 ofthe 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 "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 (1 0) 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 33. 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 "R-1.'' "R-1 Specific Use," and
"R-IA" sections."
SECTION 34. THAT Section 40.03.1755 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The Broadway front yard shall be no less than the average setback
established by the development on the adjacent lot or lots and no greater than twenty-
five (25) feet.
(I) On corner lots, the Broadway setback shall be no less than the average
of the setback established by the development on the adjacent lot and twenty-
five (25) feet, and no greater than twenty-five (25) feet.
Chapter 40-Additions & Amendments for R-lA Zoning District Page 2S
(2) The setback from the property line adjacent to a street intersecting
Broadway shall be no less than ten ( 1 0) feet.
(3) In no event, however, shall any garage have less than a twenty (20) foot
front setback.
( 4) Structures and outdoor dining areas/patios must meet the vision
clearance requirements of this division.
(b) Rear yard. There shall be no rear yard requirement, except when the property
is adjacent to any "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 ( 1 0) 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 line if from an alley or from the easement
line if from an access easement.
(c) Side yard. There shall be a five (5) foot minimum side yard requirement, except
when less is approved by the zoning board of adjustment in section 40.03.1754(7).
(d) Projections into required yards.
( 1) Bay windows with a gross floor area of less than or equal to twelve ( 12)
square feet, cornices, belt courses, eaves, sills, awnings, canopies, and
chimneys may extend two (2) feet into any required yard.
(2) Unenclosed fire escapes, stairways, porch overhangs, or balconies,
whether covered or uncovered, may extend four (4) feet into the required front
or rear yard."
SECTION 35. THAT Section 40.03.1760 of the Code of Ordinances, City ofLubbock, 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 (3 0) feet.
(1) When adjacent to any "R-1," "R-1A," or "R-2" District, even if
separated by an alley, no windows shall be permitted above ten (1 0) feet on any
walls facing the "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
erected above the height limits herein prescribed, but no penthouse or roof
chapter 40-Additions & Amendments for R-lA Zoning District Page 26
structure, or any space above the height limit shall be allowed for the purpose
of providing additional floor space."
SECTION 36. THAT Section 40.03.176l(a)(8) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(8) Residential units -One ( 1) space for each efficiency unit, one and one-half ( 1-
1/2) spaces for each one bedroom unit, two (2) spaces for each unit with two (2) or
more bedrooms, plus one (1) additional space for each four (4) units in the
development. Townhomes, garden homes, duplexes, and single family shall comply
with the "R-1 ," "R-1 A," and "R-2" parking standards."
SECTION 37. THAT Section 40.03.1882(a)(9) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
''(9) Apartments-One (I) space for each efficiency unit, one and one-half (1-112)
spaces for each one bedroom unit, two (2) spaces for each unit with two (2) or more
bedrooms, plus one (1) additional space for each four (4) units in the development.
Townhomes, garden homes, duplexes, and single-family shall comply with the "R-1 ,"
'·R-1 A," and "R-2" parking standards."
SECTION 38. THAT Section 40.03.2002(a)(9) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(9) Residential units -One (I) space for each efficiency unit, one and one-half (1-
1/2) spaces for each one bedroom unit, two (2) spaces for each unit with two (2) or
more bedrooms, plus one (1) additional space for each four (4) units in the
development. Townhomes, garden homes, duplexes, and single family shall comply
with the "R-l ," ''R-1 A," and "R-2" parking standards."
SECT I ON 39. THAT Section 40.03 .2122( a )(9) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(9) Residential units -One ( 1) space for each efficiency unit, one and one-half ( 1-
1/2) spaces for each one bedroom unit, two (2) spaces for each unit with two (2) or
more bedrooms, plus one ( 1) additional space for each four ( 4) units in the
development. Townhomes, garden homes, duplexes, and single-family shall comply
with the "R-1 ," "R-1 A," and "R-2" parking standards."
SECTION 40. THAT Section 40.03.2236 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet. or no less
than the average setbacks established by the development on the adjacent lot or lots.
The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not
Chapter 40-Additions & Amendments for R-lA Zoning District Page 27
be construed so as to permit obstructions of any nature on comer lots within the
visibility triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement except
where the property is adjacent to any "R* I," "RM 1 A," or "RM2" 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 (1 0) feet for any two-story structure.
(c) 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 under 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."
SECTION 41. THAT Section 40.03.2241 ofthe Code ofOrdinances, City ofLubbock, Texas
is hereby amended to read as follows:
"There shall be no height limit, except when the property is adjacent to any "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 42. THAT Section 40.03.2486 of the Code of Ordinances, City of Lubbock. Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be ten (1 0) feet, 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 ten (1 0) feet. This section shall not be construed so as
to permit obstructions of any nature on corner lots within the visibility triangle as
defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement. except
where the property is adjacent to any "R-1 ," "R-1 A," or "R-2" zoned property, even if
Chapter 40-Additions & Amendments for R·lA Zoning District Page28
separated by an alley, the minimum side and rear yard shall be five (5) feet for any
single-story structure and ten (I 0) feet for any two-story structure.
(c) 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 under 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."
SECTION 43. 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 "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 44. THAT Section 40.03.2606 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be ten (1 0) feet, 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 ten (I 0) feet. This section shall not be construed so as
to permit obstructions of any nature on corner lots within the visibility triangle as
defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirements, except
where the property is adjacent to any "R-L '' ·'R-1 A." 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 (1 0) feet for any two-story structure.
(c) Projections into required yards.
Chapter 40-Additions & Amendments for R·lA Zoning District Page29
{1) Cornices, eaves, sills, canopies, and chimneys may extend two (2) feet
into any required yard. Bay windows are not permitted under 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."
SECTION 45. THAT Section 40.03.2611 ofthe 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 "R-1 ," "R-
1A," 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 46. THAT Section 40.03.2725 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet, or no less
than the average setbacks established by the development on the adjacent lot or lots.
The setback on vacant adjacent Jots shall be forty-three (43) feet. This section shall not
be construed to permit obstructions of any nature on corner lots within the visibility
triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement; except the
minimum rear or side yard shall be ten (l 0) feet for any two-story structure if the
property is adjacent to any "R-1 ,""R-IA," or "R-2" zoned property, even if separated
by an alley.
(c) 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 under 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."
Chapter 40-Additions & Amendments for R·lA Zoning District Page 30
SECTION 47. THAT Section 40.03.2730 ofthe 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 "R-1," "R-1A," 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 48. THAT Section 40.03.2845 ofthe Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be forty-three (43) feet. or no less
than the average setbacks established by the development on the adjacent lot or lots.
The setback on vacant adjacent lots shall be forty-three (43) feet. This section shall not
be construed to permit obstructions of any nature on comer lots within the visibility
triangle as defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement; except
where the property is adjacent to any "R-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 ( 1 0) feet for any two (2) story structure, and twenty (20) feet
for any three (3) story or greater structure.
(c) 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 under 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."
SECTION 49. THAT Section 40.03.2965 ofthe Code of Ordinances, City ofLubbock, Texas
is hereby amended to read as follows:
"(a) Front yard. The minimum front yard shall be ten (1 0) feet or no less than the
average setbacks established by the development on the adjacent lot or lots. The
setback on vacant adjacent lots shall be ten (1 0) feet. This section shall not be construed
Chapter 40-Additions & Amendments for R-lA Zoning District Page 31
to permit obstructions of any nature on corner lots within the visibility triangle as
defined in section 40.02.002(f)(9)(B).
(b) Rear and side yard. There shall be no rear or side yard requirement; except
where the property is adjacent to any "R-L" "R-lA," 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 ( 1 0) feet for any two-story structure, and twenty (20) feet for
any three-story or greater structure.
(c) 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 under 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."
SECTION 50. THAT Section 40.03.3103(a)(l) ofthe Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(I) In any district on a site of ten (1 0) acres or more at the time of application. The
uses shall be limited to those uses permitted in the "R-1 ," "R-1 A," and "R-T
Districts."
SECTION 51. THAT Section 40.03.3103(b) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(b) Townhouse/garden home. In the "R-1" and "R-IA" Districts provided the
following requirements are met:"
Subsections (1) through (15) of Sec. 40.03.3103(b) are not amended by this ordinance
and shall remain unchanged and in full force and effect.
SECTION 52. THAT Section 40.03.3103(d)(7) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(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" (R-1, R-1 A, 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 (I 0) 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.''
Chapter 40-Additions & Amendments for R·lA Zoning District Page 32
SECTION 53. THAT Section 40.03.31 03(y)( 4) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(4) No mini-warehouse development lot shall abut a street which is the boundary
of an abutting "R-1," "R-IA," or "R-2" Zone."
SECTION 54. THAT Section 40.04.007 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
''Sec. 40.04.007 Signs permitted in "R-1," "R-lA," and "R-2" Districts
The following signs shall be permitted in the "R-1 /' "R-1 A," and "R-2" Districts:''
Subsections (1) through ( 4) of Sec. 40.04.007 are not amended by this ordinance and
shall remain unchanged and in full force and effect.
SECTION 55. 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
Districts
Signs permitted in "A-1," "A-2," "A-3," "AM" and "GO"
The following signs shall be permitted in the "A-L" "A-2," "A-3," "AM" and "GO"
Districts:
(1) Signs for "R-1," "R-IA," and "R-2" uses shall meet the requirements
of their respective "R-1," "R-1 A," 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 56. THAT Section 40.04.07l(e) of the Code of Ordinances, City of Lubbock.
Texas is hereby amended to read as follows:
"(e) All areas within the extraterritorial jurisdiction. inclusive of vacant property,
shall be deemed comparable to an "R-1 A" residential district until an application for
comparable use determination is filed and determined, or. until the area is actually
annexed."
SECTION 57. THAT the definition for "Low density residential streets" listed within Section
20.01.001 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as
follows:
"Low density residential street. A one-block portion of a street containing residential
occupancies zoned R-1, R-IA, or R-2 in accordance with chapter 40 of this code.
There may be commercial and nonresidential uses within the block, but resident
Chapter 40-Additions & Amendments for R-lA Zoning District Page 33
parking only zones shall not be designated adjacent to such commercial or
nonresidential occupancies."
The remainder of Sec. 20.01.00 I. including every definition not included above, is not
amended by this ordinance and shall remain unchanged and in full force and effect.
SECTION 58. 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 28.10 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 nonnally
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 "R-1." ''R-IA." ··R-1
Specific Use," "R-lA Specific Use," "R-2," or "RE.''
SECTION 59. THAT Section 36.04.126(3) of the Code of Ordinances. City of Lubbock,
Texas is hereby amended to read as follows:
"(3) No driveway access to "R-1," "R-IA," or "R-2" residential property shall be
permitted from a street which is designated as a thoroughfare ("E" or ''T") by the
master thoroughfare plan except when the planning commission shall have approved
such access by site plan."
SECTION 60. 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 "R-1 ,""R-IA," or "R-2" zoning areas."
SECTION 61. THAT Section 38.05.002(a)(7) of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
"(7) Alleys used for drainage, except those adjacent to residential properties zoned
R-1, R-IA, or R-2, shall be paved to the point of discharge at the nearest paved street.
another paved alley or drainage channel."
SECTION 62. THAT Section 4.07.00I(b) of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Chapter 40-Additions & Amendments for R-lA Zoning District Page 34
"(b) Except as provided by this section, six (6) chicken hens may be permitted in an
R-1, R-1 A, or R-2 zoned residence with the following requirements:"
Subsections (1) through (9) of Sec. 4.07.001(b), are not amended by this ordinance and
shall remain unchanged and in full force and effect.
SECTION 63. THAT, violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars ($2.000.00)
as provided in Section 40.01.006 ofthe Zoning Ordinance ofthe City ofLubbock.
SECTION 64. 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 65. 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 66. 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 67. 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 ____ D_e_c_em_b_e_r _7 ____ , 2017.
Passed by the City Council on second reading on ___ D_e_ce_m_b_er_1_8 ____ , 2017.
DANIEL M. POPE, MAYOR
Chapter40-Additions & Amendments for R·lA Zoning District Page 35
ATTEST:
APPROVED AS TO CONTENT:
Lata Krishnarao, Interim Director of Planning
APPROVED AS TO FORM:
Ord. Additions and Amendments-Chapter 40 -R-IA Zonmg D1stricl
November 15, 2017
Chapter 40-Additions & Amendments for R-lA Zoning District Page36