City of Lubbock, TX Division 2.4 Land Use Standards

§ 39.02.015 Purpose and applicability.

a. 

Purpose.

The purpose of this Division is to promote compatibility among land uses in the City by establishing required standards for the establishment of:

1. Principal uses. Permitted, limited, and specific uses as indicated in the use table in Section 39.02.016, Land Use Matrix; and

2. Accessory and temporary uses. Accessory and temporary uses and structures.

b. 

Applicability.

1. Approval of limited uses. For limited uses (L), the Director of Planning shall consider the criteria set out in Section 39.02.018, Limited Use Standards, to determine whether to approve or disapprove a Use Verification Form in accordance with Section 39.07.017, Use Verification.

2. Approval of specific uses. For specific uses (S), the Planning and Zoning Commission and City Council shall consider the criteria set out in Section 39.02.019, Specific Use Standards, to determine whether to approve, approve with conditions, or disapprove a Specific Use Permit in accordance with Section 39.07.033, Specific Use Permit.

3. Timing of compliance. The standards of this Division apply when an applicant requests an applicable use be established in an existing or new structure, or when an existing indoor or outdoor applicable use is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use.

4. Other applicable standards. The standards of this Division are applied in addition to the other applicable standards of this UDC, specifically including, but not limited to, Article 39.02, Zoning Districts and Land Uses and Article 39.03, Building and Site Design.

5. Use table. All development, or use, within each zoning district must be in compliance with Table 39.02.016-1, Permitted Uses by District.

(Ordinance 2023-O0054 adopted 5/9/2023)

§ 39.02.016 Land use matrix.

a. 

Prohibited use.

Mobile homes are prohibited in the City and shall not be interpreted as being allowed in any zoning district.

b. 

Land use table.

All development and uses of land and buildings within the City of Lubbock, and within each zoning district, shall be as set forth in Table 39.02.016-1, Permitted Uses by District.

c. 

Accessory and temporary use.

For accessory uses, see Section 39.02.020, Accessory Use and Structure Standards. For temporary uses, see Section 39.02.021, Temporary Use and Structure Standards.

d. 

Legend.

The land uses in Table 39.02.016-1, Permitted Uses by District, below, are classified and symbolized by the following:

1. Permitted (P);

2. Permitted subject to approval by the Director of Planning and limited use standards (L) (See Section 39.02.018, Limited Use Standards);

3. Permitted subject to approval of a Specific Use Permit by the City Council (S) (See Section 39.07.033, Specific Use Permit); and

4. Prohibited (—).

e. 

Additional density.

Additional density may be allowed in the HDR district for apartments, multiplexes, townhouses, and live-work units with approval of a Specific Use Permit in accordance with Section 39.07.033, Specific Use Permit.

Table 39.02.016-1 Permitted Uses by District
P = Permitted | L = Limited | S = Specific | "—" Prohibited
		Base Residential					Base Mixed-Use				Base Public and Nonresidential Districts
Use Category	Land Use	RE	SF-1	SF-2	MDR	HDR	MU-1	MU-2	MU-3	MU-5	NC	OF	AC	HC	IP	LI	GI	Use-Specific Standards
Residential Uses (including Agriculture)
Agricultural
Agricultural Uses	Community Garden	P	L	L	L	L	L	L	L	L	L	—	—	—	—	—	—	§ 39.02.018b
	Farm, Ranch, or Orchard	P	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—
	Farming, Landscaping, and Horticultural Sales and Services	S	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	§ 39.02.018b
	Greenhouse/Nursery	L	L	—	—	—	—	—	—	—	—	—	—	P	—	L	L	§ 39.02.018b
	Riding Stables	L	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	§ 39.02.018b
	Winery	P	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	—
Residential (Refer to § 39.04.017, Subdivision Types by District, for permitted subdivision types within each residential district)
Single-Family	Single-Family Cottage	—	—	L	L	L	—	—	—	—	—	—	—	—	—	—	—	§ 39.02.018c
	Single-Family Detached Dwelling	P	P	L	L	L	P	P	L	—	—	—	—	—	—	—	—	§ 39.02.018c
	Single-Family Garden Home	—	—	L	L	L	—	—	—	—	—	—	—	—	—	—	—	§ 39.02.018c
	Duplex	—	—	L	L	L	P	P	P	—	—	—	—	—	—	—	—	§ 39.02.018c
	Townhouse	—	—	L	L	L	P	P	P	—	—	—	—	—	—	—	—	§ 39.02.018c
	Industrialized Housing	P	P	L	L	L	P	P	P	—	—	—	—	—	—	—	—	§ 39.02.018c
	Manufactured Home Park	S	S	S	S	S	—	—	—	—	—	—	—	—	—	—	—	§ 39.02.019
	Short-Term Rental	L	L	L	L	L	L	L	L	L	L	—	L	L	—	—	—	§ 39.02.018c
Multiple-Family	Apartment (>4 du)	—	—	—	L	L	P	P	P	P	—	—	—	—	—	—	—	§ 39.02.018c
	Boarding or Rooming House	—	—	—	—	P	P	P	P	P	—	—	—	—	—	—	—	—
	Dormitory	—	—	—	—	P	—	P	P	P	—	—	—	—	—	—	—	—
	Fraternity/Sorority House	—	—	—	—	P	—	—	—	—	—	—	—	—	—	—	—	—
	Group Home	L	L	L	L	L	L	L	L	—	—	—	—	—	—	—	—	§ 39.02.018c
	Live-Work Unit	—	—	—	—	L	L	L	L	L	—	—	—	—	—	—	—	§ 39.02.018c
	Multiplex (3–4 du)	—	—	L	L	L	P	P	P	P	—	—	—	—	—	—	—	§ 39.02.018c
	Retirement Housing	L	—	L	P	P	P	P	P	P	L	L	L	P	—	—	—	§ 39.02.018c
	Vertical Mixed-Use	—	—	—	—	L	P	P	P	P	—	—	—	—	—	—	—	§ 39.02.018c
Residential Accessory Uses	Accessory Dwelling Unit	L	L	L	L	L	—	—	—	—	—	—	—	—	—	—	—	§ 39.02.020e
	Accessory Structure	L	L	L	L	L	L	L	L	L	—	—	—	—	—	—	—	§ 39.02.020c
	Community Garden	L	L	L	L	L	L	L	L	L	—	—	—	—	—	—	—	§ 39.02.020c
	Home Occupation	L	L	L	L	L	P	P	P	P	—	—	—	—	—	—	—	§ 39.02.020c
	Outdoor Swimming Pool	L	L	L	L	L	L	L	L	L	—	—	—	—	—	—	—	§ 39.02.020c
	Storm Shelter	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—
Nonresidential Uses
Automobile
Automobile and Related Uses	Automobile and Vehicle Wash	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	P	—
	Automobile Structured Parking (Primary Use)	—	—	—	—	L	—	P	P	P	L	L	P	P	P	P	P	§ 39.02.018d
	Automobile Parking Lot (Primary Use)	—	—	—	—	—	—	P	P	P	—	P	P	P	P	P	P	§ 39.02.018d
	Automobile/Vehicle Parts and/or Accessories Sales	—	—	—	—	—	—	—	L	—	—	—	P	P	P	P	P	§ 39.02.018d
	Automobile/Vehicle Sales and Rental	—	—	—	—	—	—	—	L	—	—	—	P	P	P	P	P	§ 39.02.018d
	Automobile/Vehicle Repair and Auto Body	—	—	—	—	—	—	—	L	—	—	—	L	P	P	P	P	§ 39.02.018d
	Automobile/Vehicle Service	—	—	—	—	—	—	—	L	—	—	—	P	P	P	P	P	§ 39.02.018d
	Travel Plaza	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	—
	Truck Parking Lot (Primary Use)	—	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	—
Civic and Institutional
Civic and Institutional Uses	Adult Care Center	—	—	—	—	—	P	P	P	P	P	—	P	P	—	—	—	—
	Cemetery/Funeral Services	—	—	—	—	—	P	P	P	P	L	P	P	P	P	P	P	§ 39.02.018e
	Child Care, Day Care Center	—	—	—	—	L	P	P	P	P	L	L	P	P	—	—	—	§ 39.02.018e
	Club or Lodge	L	L	L	L	L	P	P	P	P	L		P	P	—	—	—	§ 39.02.018e
	Correctional Institution	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	S	§ 39.02.019
	Educational Services (Excluding Transportation-Related Instruction)	L	L	L	L	L	P	P	P	P	L	L	P	P	L	L	L	§ 39.02.018e
	Educational Services (Transportation-Related Instruction Only)	—	—	—	—	—	—	—	—	—	—	—	L	P	P	P	L	§ 39.02.018e
	Governmental Service Facility (Police, Fire, Emergency Medical Services)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—
	Hospital/Rehabilitative Care	S	S	S	S	S	P	P	P	P	L	—	P	P	P	P	—	§ 39.02.018e
	Library, Museum, or Gallery	—	—	L	L	L	P	P	P	P	P	—	P	P	—	P	—	§ 39.02.018e
	Medical and Diagnostic Laboratories	—	—	—	—	L	L	L	L	L	L	L	P	P	P	P	P	§ 39.02.018e
	Medical Office/Clinic	—	—	—	—	L	P	P	P	P	P	P	P	P	—	P	—	§ 39.02.018e
	Place of Public Assembly, Indoor	P	P	P	P	P	P	P	P	P	P	—	P	P	—	P	—	—
Commercial
Commercial Uses	Bank, Credit Union, and Financial Services	—	—	—	—	L	P	P	P	P	P	P	P	P	P	P	—	§ 39.02.018f
	Brewpub, Microbrewery, Microdistillery, or Microwinery	—	—	—	—	—	L	L	L	L	S	L	S	L	L	L	L	§ 39.02.018f
	Building Materials and Hardware Sales	—	—	—	—	—	—	—	—	—	L	—	P	P	P	P	P	§ 39.02.018f
	Fuel Sales	—	—	—	—	—	—	—	—	—	L	—	P	P	P	P	P	§ 39.02.018f
	Grocery (Food Sales)	—	—	—	—	L	P	P	P	P	L	—	P	P	—	P	—	§ 39.02.018f
	Heavy Machinery Sales and Rentals	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	§ 39.02.018f
	Home Furnishing Store	—	—	—	—	—	P	P	P	P	L	—	P	P	—	P	—	§ 39.02.018f
	Hotel or Motel	—	—	—	—	—	—	P	P	P	—	—	P	P	P	P	P	—
	Kennel	—	—	—	—	—	—	—	—	—	—	—	P	P	—	P	—	—
	Manufactured Home Sales and Storage	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	P	—
	Office, General	—	—	—	—	L	P	P	P	P	P	P	P	P	P	P	P	§ 39.02.018f
	Pawn Shop	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	P
	Personal Service	—	—	—	—	L	P	P	P	P	P	—	P	P	—	P	—	§ 39.02.018f
	Recreational Vehicle Parks and Campgrounds	S	—	—	—	—	—	—	—	—	—	—	—	L	—	L	—	§ 39.02.018f
	Repair Service	—	—	—	—	L	L	L	L	L	P	—	P	P	—	P	—	§ 39.02.018f
	Restaurant	—	—	—	—	L	P	P	P	P	P	—	P	P	—	P	—	§ 39.02.018f
	Retail Sales	—	—	—	—	L	P	P	P	P	P	—	P	P	—	P	—	§ 39.02.018f
	Self-Storage, Mini-Warehouse	—	—	—	—	—	—	—	—	—	L	—	L	L	L	P	P	§ 39.02.018f
	Sexually-Oriented Business	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Smoke Shop or Tobacco Store	—	—	—	—	—	—	—	—	—	L	—	L	L	—	—	—	§ 39.02.018
	Studio (Arts, Crafts, or Recording)	—	—	—	—	L	P	P	P	P	L	—	P	P	P	P	P	§ 39.02.018f
	Veterinary Clinic and/or Service, Large Animal	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P
	Veterinary Clinic and/or Service, Small Animal	—	—	—	—	—	P	P	P	P	L	—	P	P	P	P	P	§ 39.02.018f
Industrial and Manufacturing
Industrial and Manufacturing Uses	Bakery, Wholesale	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	—
	Batch Plant, Permanent	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	S	§ 39.02.019
	Contractor's Shop and/or Service Yard	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	—
	Industrial and Manufacturing Product Sales and Supply	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	—
	Junkyard, Salvage Yard, and Wrecking Yard	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Manufacturing, Heavy (Includes Handling of Explosive and/or Foul Materials)	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	L	§ 39.02.018g
	Manufacturing, Light (Includes Product Assembly and Processing)	—	—	—	—	—	L	L	L	L	—	—	—	L	L	L	L	§ 39.02.018g
	Meat Packing and Related Industries	—	—	—	—	—	—	—	—	—	—	—	—	—	L	—	L	§ 39.02.018g
	Micromanufacturing	—	—	—	—	—	L	L	L	L	—	L	L	L	L	L	—	§ 39.02.018g
	Publishing Services	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	P	—
	Resource Extraction	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	§ 39.02.019 Article 8.07, City Code
	Stockyard	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Taxidermy Shop	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Warehousing and Storage	—	—	—	—	—	—	—	—	—	—	—	—	L	P	P	P	§ 39.02.018g
Entertainment and Recreation
Entertainment and Recreation Uses	Alcoholic Beverages, Off-Site Consumption (Package Store)	—	—	—	—	—	—	P	L	P	P	—	P	P	P	P	P	—
	Alcoholic Beverages, On-Site Consumption (Nightclub or Bar)	—	—	—	—	—	L	L	L	L	S	—	L	L	P	P	P	§ 39.02.018h
	Automobile/Motorcycle Race Track	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Commercial Amusement, Indoor	—	—	—	—	L	P	P	P	P	—	—	P	P	P	P	P	§ 39.02.018h
	Commercial Amusement, Outdoor	L	L	L	L	L	L	L	L	L	P	—	P	P	P	P	P	§ 39.02.018h
	Outdoor Shooting/Archery Range	—	—	—	—	—	—	—	—	—	—	—	—	S	S	S	S	§ 39.02.019
	Park & Recreation Facility or Center	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—	—	—
Transportation, Utility, and Communication
Transportation, Utility, and Communication Uses	Cargo Terminal	—	—	—	—	—	—	—	—	—	—	—	—	—	P	—	P	—
	Landfill	—	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	§ 39.02.019
	Passenger Terminal	—	—	L	L	L	P	P	P	P	P	L	P	P	P	P	P	§ 39.02.018i
	Power Generation, Transmission, and Distribution (Includes Large Solar Collectors and Windmills)	—	—	—	—	—	—	—	—	—	—	—	—	—	S	S	S	—
	Utilities	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—
	Water and Sewage Treatment	—	—	—	—	—	—	—	—	—	—	—	—	—	P	P	P	—
	Water Storage	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—
	Wireless Telecommunications Tower	L	L	L	L	L	—	L	L	L	L	L	L	L	L	L	L	§ 39.02.018i
Nonresidential Accessory Uses
Nonresidential Accessory Uses	Automated Teller Machine (ATM), Non-Freestanding or Vending Kiosk	—	—	—	—	L	P	P	P	P	L	L	P	P	P	P	P	§ 39.02.020d
	Community Garden	—	—	—	—	—	L	L	L	L	L	—	—	—	—	—	—	§ 39.02.020d
	Billboard	—	—	—	—	—	—	—	—	—	—	—	—	—	—	S	S	§ 39.03.023l
	Donation Bin/Recycling Collection, Drop-Off	—	—	—	—	L	P	P	P	P	L	L	L	L	L	L	P	§ 39.02.020d
	Drive-In or Drive-Through Facility	—	—	—	—	L	—	—	—	—	L	L	L	P	P	—	—	§ 39.02.020d
	Helipad (Hospital/Public Safety)	—	—	—	—	—	S	S	S	S	—	S	S	S	S	S	S	§ 39.02.019
	Outdoor Display of Merchandise	—	—	—	—	—	L	L	L	L	L	—	L	L	—	L	—	§ 39.02.020d
	Outdoor Storage	—	—	—	—	—	L	L	L	L	L	—	L	L	P	P	P	§ 39.02.020d
	Storm Shelter	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	—
	Vehicle Charging Station	—	—	—	—	P	P	P	P	P	P	P	P	P	P	P	P	—

(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024; Ordinance 2025-O0095 adopted 8/18/2025)

§ 39.02.017 New and unlisted uses.

a. 

Authorization of unlisted uses.

If a proposed use is not specified in Section 39.02.016, Land Use Matrix, and the Director of Planning has made a determination that the use is either a subcategory of a permitted, limited, or specific use, or a use that is functionally similar to a permitted, limited, or specific use, the Director of Planning may authorize the proposed use, and apply all standards that would have applied to the similar use.

b. 

If not authorized, then prohibited.

If the Director of Planning determines that a proposed use does not fit within a given use type and is not functionally the same as a permitted, limited, or specific use, then the use is a prohibited use.

c. 

Decision criteria.

In making such determinations, the Director of Planning may consider but shall not be limited to the following criteria:

1. The actual or projected characteristics of the activity in relation to those of the use type;

2. The amount of site area or floor space and equipment devoted to the activity;

3. Vehicle parking demand;

4. Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);

5. Types of vehicles used and their parking requirements;

6. Building impervious surface coverage;

7. Regulated air or water emissions;

8. Noise, lighting, dust, and odors;

9. Solid waste generation;

10. The number of employees on a typical shift;

11. Use and storage of hazardous materials;

12. Character of associated buildings and structures;

13. How the use is advertised;

14. Nature and impacts of operation; and

15. Hours of operation.

d. 

Appeal.

An aggrieved party may appeal the determination of the Director of Planning in accordance with Section 39.07.039, Appeal of Administrative Decision.

(Ordinance 2023-O0054 adopted 5/9/2023)

§ 39.02.018 Limited use standards.

a. 

Generally.

1. Purpose. The purpose of this Section is to establish standards for limited uses denoted with an "L" in Table 39.02.016-1, Permitted Uses by District.

2. Standards. In determining whether to approve or disapprove a limited use, the Director of Planning shall consider the provisions of this Section to decide if the use complies with its associated particular standards.

3. All standards apply. Unless otherwise specifically stated, an applicant shall meet all of the limited use standards for a specific use.

b. 

Agricultural uses.

1. All agricultural uses. Any agricultural use with animals shall meet all the requirements of Article 4.07, Livestock and Other Animals, of the City of Lubbock Code of Ordinances.

2. Community garden.

A. Registration. Community gardens must register with the Director of Planning. The registration packet shall include:

i. Authorization from the property owner;

ii. Governance structure of the garden;

iii. Hours of operation;

iv. Maintenance and security requirements and responsibilities;

v. Contact information for a garden coordinator/manager; and

vi. Garden site plan.

B. Lighting. Any lighting shall be shielded so that all directly emitted light stays on the property.

C. Stormwater. Water that has been used on-site shall not flow onto adjacent property, including water used for irrigation purposes. In addition, the City Engineer may determine the appropriateness of a Community Garden location due to potential impacts on the stormwater system.

D. Nuisances. All gardens shall be maintained to be free of odors, pests, rodents, trash, and/or anything else that might be considered a nuisance. Trash and recycling receptacles or any such other containers must be kept outside of all applicable buildingsetbacks for the associated property. Composting containers shall be located in accordance with subsection I., Composting, below.

E. Prohibited plants. The planting and/or growing of illegal or invasive plant species, is prohibited.

F. Permits. Applicable permits for buildings, fences, and/or utilities may be required. All other applicable City of Lubbock Code of Ordinances shall apply to Community Gardens.

G. Fences. Fences are permitted pursuant to the allowances for the associated district.

H. Buildings. A shed structure may be utilized on-site for storage of materials and tools used for garden cultivation, subject to the following:

i. Maximum square footage of shed structure is 200 square feet.

ii. Maximum height of buildings is 10 feet.

iii. All buildings shall meet zoning setback requirements.

iv. This requirement may be split into one shed and one greenhouse, neither structure to exceed 100 square feet.

I. Composting. Composting may be performed on-site, within a composting container, subject to the following:

i. Composted materials shall be generated on-site or contributed by members of the community garden; and

ii. All composting containers shall be located a minimum of 20 feet from side and rear property lines and a minimum of 40 feet from the front property line.

J. Signs. One 18" x 24" sign is permitted per lot.

K. As an accessory use.

i. Accessory to residential use. A community garden located on a lot with an existing residential use shall meet standards in subsections A. through F., above, and applicable standards in Section 39.02.020c, Residential Accessory Uses and Structures.

ii. Accessory to nonresidential use. A community garden located on a lot with an existing nonresidential use shall meet standards in subsections A. through G., above, and applicable standards in Section 39.02.020d, Nonresidential and Mixed-Use Accessory Uses and Structures.

3. Greenhouse/nursery.

A. Accessory structures. If housed in an accessory structure, the accessory structure shall not be greater than one-half of the square footage of the primary structure.

B. Personal use. The use shall be limited to personal use only with no commercial activity occurring on-site.

4. Riding stables. The use is limited to the following:

A. Permitted animals. Only horses, mules, or donkeys shall be allowed.

B. Lot size. Each property approved for a riding stable, boarding stable, or facility for breeding, raising, or training horses shall be a minimum of two acres in area.

C. Number of animals. The maximum number of animals stabled on any property shall be:

i. 2 acres to 2.99 acres - Maximum of four permitted animals.

ii. 3 acres to 3.99 acres - Maximum of five permitted animals.

iii. 4 acres to 4.99 acres - Maximum of six permitted animals.

iv. 5 acres to 5.99 acres - Maximum of seven permitted animals.

v. 6 acres to 6.99 acres - Maximum of eight permitted animals.

vi. 7 acres to 7.99 acres - Maximum of nine permitted animals.

vii. 8 acres to 8.99 acres - Maximum of ten permitted animals.

viii. Additional animals shall be permitted at a ratio of two animals per acre.

D. Stalls required. Each property 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 City Building Codes.

E. Maintenance of property. The owner, tenant, or manager of a riding stable shall conduct business in a prudent, safe, and hygienic environment.

F. Feed storage. 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 property shall only be an amount for the immediate consumption needs of the resident animals.

G. Feed sales. No sales of feed, grain, or hay shall be permitted from a riding stable.

H. Nuisance. 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.

I. City of Lubbock Code of Ordinances. All riding stables shall meet all the requirements of Article 4.07, Livestock and Other Animals, of the City of Lubbock Code of Ordinances.

c. 

Residential.

1. Residential uses in the SF-2, MDR, and HDR Districts.

A. Housing types. If a block face contains only one or more single-family housing types (Single-Family Cottage, Single-Family Detached Dwelling (including industrialized housing), Single-Family Garden Home, and Townhouses), then the block face shall only contain single-family housing. Duplexes, Multiplexes, and Apartments shall be permitted across the street from existing single-family housing, only when either the proposed duplexes, multiplexes and apartments, or the existing single-family houses do not face that street.

B. Common areas. Common areas, where provided, shall be under the control and jurisdiction of a homeowners' association or public improvement district. Such association shall provide proof of incorporation prior to issuance of a construction permit.

C. Additional density in HDR. Additional density may be allowed in the HDR district for apartments, multiplexes, townhouses, and live-work units with approval of a Specific Use Permit in accordance with Section 39.07.033, Specific Use Permit.

D. Garden home. A perpetual easement related to maintenance, eaves, and drainage of at least five feet shall be provided on the lot adjacent to the zero-foot setback property line which, with the exception of walls and/or fences, shall be kept clear of structures, as depicted with the letter "A" in Figure 39.02.018.c-1, Garden Home Maintenance Easement. If the easement is dedicated to the City, the easement shall be shown on the face of the Final Plat. Otherwise the dimensions of the easement shall be shown on the plat face, but designated "by separate instrument." The building wall along the zero-foot setback property line shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Rain gutters or other approved rain capturing devices or methods shall be installed and permanently maintained on the portion of the structure extending onto the neighboring lot.

Figure 39.02.018.c-1

Garden Home Maintenance Easement

2. Group home.

A. A group home shall provide as a minimum, the following square footage in each bedroom:

i. To house one person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose.

ii. To house two or more persons per bedroom, the dwelling unit must provide at least 80 square feet of space per handicapped person housed in the bedroom utilized for this purpose. For example, two handicapped persons would require a 160-square-foot bedroom.

B. A group home shall provide for a separate bedroom for the care provider or providers.

C. A group home shall have an exterior character that maintains or retains compatibility with the surrounding residential dwellings.

D. A group home shall have installed and permanently maintained a six-foot solid screening fence around the rear and side yards, except that when, in the opinion of the Director of Planning, all or portions of such fence do not serve the public interest, this provision shall not apply. Landscaped outdoor areas shall be provided for the enjoyment of residents. Ramps, walkways, and steps must be of slip-resistive texture and uniform, without irregularities. Ramps must not exceed 1:12 slope and shall meet standards for width of the Texas Accessibility Standards. All outside areas, grounds, adjacent buildings, etc. on site must be maintained in good condition and kept free of nuisances, including, but not limited to, rubbish, garbage, and untended growth, that may constitute a fire or health hazard.

E. A group home shall be required to have all of the following provisions for fire safety:

i. Portable fire extinguishers. In all new and existing group housing, at least one portable fire extinguisher (type 2-A:10-B:C) shall be provided for each 3,000 square feet and at least one additional portable fire extinguisher for each level.

ii. Smoke alarms. In new and existing group housing for less than six handicapped persons and classified by the State of Texas as a Type A or Type B assisted living facility, multiple-station smoke alarms shall be installed and maintained. Where more than one smoke alarm is required to be installed within an individual dwelling unit or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Required smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. When the installation of the alarm devices is complete, each detector and interconnecting wiring for multiple-station alarm devices shall be tested in accordance with the household fire warning equipment provisions of National Fire Protection Association 72. Smoke alarms shall be installed and maintained at all of the following locations:

a. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;

b. In each room used for sleeping purposes;

c. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwelling units with split-levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level; and

d. May be required to be installed in living areas at the discretion of the fire code official.

iii. Rescue windows. Refer to the City's Building Code.

iv. Automatic sprinkler systems. In new group housing classified as a Type B facility proposed to house six or more handicapped persons, an automatic sprinkler system shall be provided in accordance with the adopted Fire Code.

v. Fire alarm systems (existing group homes). In existing group housing for six or more handicapped persons, a fire alarm system shall be installed unless:

a. There are interconnected smoke alarms meeting the provisions of Subsection E.ii., above; or

b. Other manually activated, continuously sounding alarm is approved by the fire code official.

vi. Fire alarm systems (new group homes). In new group housing proposed to house six or more handicapped persons, a fire alarm shall be installed in which:

a. Notification appliances activate upon sprinkler flow; and

b. At least one manual fire alarm box per floor is installed at an approved location and arranged to sound continuously interconnected smoke alarms meeting the provisions of Subsection E.ii., above.

F. A group home shall be required to have a kitchen meeting the following requirements:

i. The facility must have a kitchen or dietary area to meet the general food service needs of the residents. It must include provisions for the storage, refrigeration, preparation, and serving of food; for dish and utensil cleaning; and for refuse storage and removal;

ii. Facilities that house eight or more residents must comply with 25 TAC Chapter 229 and local health ordinances or requirements must be observed in the storage, preparation, and distribution of food; in the cleaning of dishes, equipment, and work area; and in the storage and disposal of waste.

G. A group home shall be required to comply with the following requirements regarding facility construction:

i. The facility must meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws and regulations: the Texas Accessibility Standards; Title 28 Code of Federal Regulations, Part 35; Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68;

ii. The Illumination Engineering Society of North America recommendations must be followed to achieve proper illumination characteristics and lighting levels throughout the facility. Minimum illumination must be 10 footcandles in resident rooms during the day and 20 footcandles in corridors, dining rooms, lobbies, toilets, bathing facilities, laundries, stairways, and elevators during the day. Minimum illumination for medication preparation or storage areas, kitchens, and staff desks must be 50 footcandles during the day. Illumination requirements for these areas apply to the task performed and should be measured on the tasks.

iii. Heating, ventilating and air-conditioning systems must be designed and installed in accordance with the International Mechanical Code, NFPA 90A Standard for the Installation of Air Conditioning and Ventilating Systems, and NFPA 90B Standard for the Installation of Warm Air Heating and Air Conditioning Systems, as applicable, and the American Society of Heating, Ventilating, and Air Conditioning Engineers (ASHRAE).

iv. Floors must be free of irregularities and substantially level; they must have a resilient, nonabrasive and slip-resistant surface; exposed floor surfaces and floor coverings should promote mobility in areas used by residents and promote maintenance of sanitary conditions. If carpeted, the area used by residents should have nonabrasive carpeting.

H. An inspection shall be conducted by the City of Lubbock Health Department using as its criteria the standards of Texas Health and Human Services Bureau of Long-Term Care, or the Minimum Licensing Standards for Personal Care Facilities as established and amended under Texas Health and Safety Code, Chapter 247. In the event that the facility is licensed by the State of Texas, the Director of Planning may waive all or any portion of the City Health Department's inspection. The Health Department shall prepare a report describing the property and any remedial improvements which must be completed in order for the property to meet the minimum standards. The report shall be forwarded to the applicant and to the Director of Planning, and no permit shall be issued until the proposed home has met the minimum standards.

I. A separate dumpster in addition to that ordinarily furnished to single-family dwelling units shall be required for waste disposal by the shared group housing facility.

J. In addition to those specific requirements in this Subsection, the facility shall comply with all adopted model codes of the City of Lubbock.

K. If later adopted codes or ordinances of the City of Lubbock are more stringent than these standards for assisted living, the more stringent requirements will govern.

L. No other group living arrangements shall be located within a radius of 1,000 feet of the home for which the permit is requested. Such measurements shall be measured from property line to property line. Other group living arrangements shall include, but not be limited to, community homes for disabled persons, personal care facilities, adult foster care homes, and group housing for handicapped persons. In making the determination that no home exists within 1,000 feet, the Director of Planning shall consider information provided by the applicant, information contained in the records of the City of Lubbock, and information obtained by physical inspection of the premises, if any.

M. The holder of the permit shall be in charge of and responsible for the operation of the dwelling unit for shared group housing.

N. The permit shall be renewed annually so long as the facility continues to comply with the standards described in this Subsection. Permits are nontransferable.

O. City of Lubbock inspection personnel shall have the right to conduct inspections to ensure continued compliance with standards at any time (pursuant to a valid search warrant or consent) and in the event a home is found to be in violation of the standards, the inspector shall forward to the Director of Planning a report describing the violations and that the Director of Planning may withdraw the permit. Following the withdrawal of the permit and issuance of a vacate order, an aggrieved party may appeal the decision in accordance with Section 39.07.039, Appeal of Administrative Decision.

P. The permit shall be prominently displayed in the facility at all times. The permit shall include the following statement:

"The City does not license facilities as to the quality of care. This structure has been inspected and has met the minimum requirements for Group Homes specified in the City of Lubbock Code of Ordinances."

Q. Any permit issued under this Subsection shall become void and of no further effect in the event the use of the premises is discontinued for a period of one year or if the property is restored to use as a single-family residence.

R. Nothing in this Subsection shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own housing for single-family residences or to affect the right of individuals to care for handicapped family members.

S. A Specific Use Permit shall be required for a Group Home for seven or more residents.

3. Live-work unit. The use shall:

A. Nonresidential floor area. Not exceed a nonresidential floor area of 3,500 square feet;

B. Residential character. Maintain a residential character;

C. Uses. Consist of a single residential dwelling unit combined in the same structure with one of the following uses:

i. Office, general;

ii. Micromanufacturing;

iii. Personal services;

iv. Repair service; or

v. Studio (Arts, Crafts, or Recording).

D. Drive-ins or drive-throughs. Have no drive-in or drive-through; and

E. Tenant. Have the same tenant for both the residential and commercial portion of the use.

4. Retirement housing. The gross floor area shall not exceed 50,000 square feet.

5. Vertical mixed-use. The use shall be a combination of land uses that are permitted, permitted with limitations, or permitted by Specific Use Permit, in the zoning district within the residential, civic and institutional, and commercial uses as categorized in Section 39.02.016, Land Use Matrix.

6. Short-term rental.

A. Owner responsibilities. The use shall have an owner, operator, or agent who shall:

i. Obtain a Short-Term Rental Permit (See Section 39.07.029, Short-Term Rental Permit);

ii. Assess and collect the hotel property tax in accordance with Chapter 351, Municipal Hotel Occupancy Taxes, of the Texas Tax Code; and

iii. Timely remit to the City of Lubbock accounting department, or designee, all City hotel occupancy taxes collected pursuant to state law and in compliance with Article 18.03 of the City of Lubbock Code of Ordinances.

B. Accommodations. The use shall only occur in:

i. A legal accessory dwelling unit; or

ii. Within a primary residence.

7. General (MU-3).

A. Only Single-Family Detached Dwelling is allowed on a blockface developed for Single-Family Detached Dwellings; and

B. Notwithstanding Section 39.02.005d.3, the Maximum Front Build-to-Zone for a Single-Family Detached Dwelling use is 25'.

d. 

Automobile and related uses.

1. Automobile structured parking (primary use). The use shall comply with the Automobile Structure Parking standards of Section 39.03.009, Parking Ratios and Design.

2. Automobile/vehicle repair and auto body.

A. Bufferyard. A Type B Bufferyard in accordance with Section 39.03.016, Bufferyard Landscaping, shall be required when adjacent to a residentially zoned or used property.

B. Outdoor storage. Vehicles and vehicle parts shall not be stacked to a height above the bufferyard wall, fence, or berm within 50 feet of the wall, fence, or berm.

3. Automobile uses in MU-3. Automobile uses in the MU-3 district shall have a minimum of one property frontage on 19th Street, Avenue E, Avenue F, or Avenue G (north of Main.), or shall be adjacent to existing automobile uses.

e. 

Civic and institutional uses.

1. Cemetery/funeral services. A Type B Bufferyard, in accordance with Section 39.03.016, Bufferyard Landscaping, shall be required when adjacent to a residentially zoned or used property.

2. Child care, day care center. The gross floor area shall not exceed 15,000 square feet.

3. Club or lodge. The use shall be:

A. Non-profit. Prohibited from being used as a for-profit commercial business; and

B. For residential developments only. Operated as a private community center for the recreational and social use of the residents of a subdivision or a residential development.

4. Educational services (excluding transportation-related instruction).

A. Residential (RE, SF-1, SF-2, MDR, HDR), Neighborhood Commercial (NC), and Office (OF). Educational Services shall be limited to pre-primary through high school age students.

B. Industrial Zones (IP, LI, GI). Educational Services shall be limited to adult education.

5. Educational services (transportation-related instruction only).

A. Auto-Urban Commercial (AC). Educational Services shall not include outdoor practice facilities for truck driving.

B. General Industrial (GI). Educational Services shall be limited to adult education and shall be in conjunction with a permitted industry operating within the district.

6. Hospital/rehabilitative care. The property shall be a maximum of five acres in area.

7. Library, museum, or gallery. The gross floor area shall not exceed 15,000 square feet.

8. Medical and diagnostic laboratories. The use shall:

A. Testing. (In the HDR, Mixed-Use, and NC districts) have all testing conducted on-site;

B. Enclosed building. Be within a fully enclosed building;

C. Screening. Have a Type B Bufferyard, in accordance with Section 39.03.016, Bufferyard Landscaping, where materials and equipment are stored in areas visible to the public; and

D. Gross floor area. (In the HDR, Mixed-Use, and NC districts) not exceed 15,000 square feet of gross floor area.

9. Medical office/clinic. The gross floor area shall not exceed 15,000 square feet.

f. 

Commercial uses.

1. Bank, credit union, and financial services.

A. Mixed-use development. The use shall be part of a mixed-use development, either connected to another use or freestanding, and designed to support surrounding residential uses.

B. Total floor area. The gross floor area shall not exceed 3,500 square feet.

2. Brewpub, microbrewery, microdistillery, or microwinery. Any brewpub, microbrewery, microdistillery, microwinery, wine tasting facility, beer tasting facility, or alcohol tasting facility shall meet all state and other separation requirements and be located a minimum of 300 feet, measured from property line to property line, from any property zoned RE, SF-1, SF-2, or MDR zoning district.

3. Building materials and hardware. The gross floor area shall not exceed 15,000 square feet.

4. Fuel sales.

A. Intensity. The use shall:

i. Not have more than two fuel dispenser islands and not more than six total fuel dispensers; and

ii. Not exceed 1,500 square feet of gross floor area.

B. Repair and service. Automobile/vehicle repair and auto body and automobile/vehicle service shall all be prohibited.

5. Grocery (food sales).

A. High Density Residential (HDR). The use shall:

i. Be accessory to a principal use (including, but not limited to, a food store on the first floor of an apartment building, or as an individual business, either connected or freestanding, or as part of a mixed-use development that is designed to support surrounding residential uses); or

ii. Not exceed 3,500 square feet of gross floor area.

B. Neighborhood Commercial (NC). The gross floor area shall not exceed 15,000 square feet of gross floor area.

6. Heavy machinery sales and rentals. The use shall:

A. Repair and service. Have no mechanical or maintenance work completed on-site; and

B. Sales and rental. Be limited to sales and rentals only.

7. Home furnishing store. The gross floor area shall not exceed 15,000 square feet.

8. Office, general. The gross floor area shall not exceed 3,500 square feet.

9. Personal services. The gross floor area shall not exceed 3,500 square feet.

10. Recreational vehicle parks and campgrounds.

A. Minimum site area. Initial development of a recreational vehicle park shall not be less than two acres fully improved with serviced spaces.

B. Sanitation facilities. Recreational vehicle parks shall provide toilets, baths or showers, and other sanitation facilities which shall conform to the following requirements:

i. The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. Such service buildings shall be well lighted and ventilated at all times with screened openings. These service buildings shall be maintained in clean and sightly condition and kept free of any condition that could menace the health of any occupant. Service buildings shall be located not closer than five feet or farther than 200 feet from any recreational vehicle space.

ii. An adequate supply of hot water shall be provided at all times in any required service buildings, and for all bathing, washing, cleansing, and laundry facilities.

C. Toilet facilities.

i. Males. Toilet facilities for males shall consist of not less than one flush toilet for every 15 recreational vehicles, one urinal for every 15 recreational vehicles, and one shower with individual dressing accommodations for every 10 recreational vehicles.

ii. Females. Toilet facilities for females shall consist of not less than one flush toilet for every 10 recreational vehicles and one shower with individual dressing accommodations for every 10 recreational vehicles.

D. Density. Recreational vehicle parks shall have a maximum density of 12 vehicles per acre.

E. Generally.

i. Mobile homes prohibited. Mobile homes are prohibited within a recreational vehicle park.

ii. Location. It shall be unlawful for any person to locate a recreational vehicle park within the City limits except as provided in this UDC.

iii. Building permits and code compliance.

a. All new construction permitted by this Subsection shall comply with the requirements and standards set out in all relevant sections of the City of Lubbock Code of Ordinances, including, but not limited to, Subdivision Regulations, Building Code, Plumbing Code, Electrical Code, Sidewalk Ordinance, and Zoning Ordinance.

b. Recreational vehicle parks in existence upon the effective date of this article shall comply with this Subsection and Subsections F., Supervision, through H., Fire Protection, and Subsection I.iii., Patio Roofs and Carports, through I.viii., Lighting, when updating their existing facilities.

c. Updating shall mean major remodeling or replacement of existing facilities but shall not include normal maintenance.

F. Supervision. A responsible attendant or supervisor, owner, or operator shall be in charge at all times to keep the manufactured home and recreational vehicle park, its facilities, and equipment in a clean, orderly, and sanitary condition and shall be answerable, with the licensee, for any violation of the provisions of this Subsection.

G. Disposal of garbage and rubbish. Recreational vehicle parks shall provide a sufficient number of dumpsters to handle the refuse generated by their occupants. Such dumpsters shall be located in designated areas where pickup will be made by the City.

H. Fire protection.

i. Fire lanes. No recreational vehicle space, not including driveway or access, shall be located more than 100 feet from a street without a fire lane being provided. Such fire lane shall be a minimum of 20 feet in width, shall be hard-surfaced, and shall be kept open and unobstructed at all times. The required driveway or access, as specified in Subsection I.xii, Driveway or Accessway, may serve as such fire lane provided it meets the standards as set forth in this Subsection.

ii. Manufactured homes.

a. Fire hydrants shall be installed so that no manufactured home space will be over 600 feet from a hydrant as measured along and approved access road, sitting on a water main that is appropriately sized as determined by the City Engineer.

b. There shall not be any storage under the manufactured home.

c. Fences around manufactured homes shall not be over 34 inches high across the front of the space.

d. Visible approved addresses (including lot numbers) shall be visible from the frontage roads.

I. Construction standards for new parks.

i. Requirements generally. All recreational vehicle parks constructed in whole or in part after the effective date of this UDC shall conform to the requirements of this Subsection.

ii. Setbacks; spacing.

a. Spacing:

I. Between manufactured structures: 10 feet.

II. End to end parking: 6 feet.

b. Setbacks:

I. From permanent structures (excluding individual storage structures, patio roofs, and carports): 5 feet.

II. From patio roof or carport of one manufactured structure to adjacent manufactured structures: 3 feet.

III. Rear and side park property lines: 5 feet.

IV. Front park property lines: 15 feet.

V. From interior streets: 10 feet.

VI. From cul-de-sac streets: 10 feet.

c. Space width: 25 feet.

iii. Patio roofs and carports. Recreational vehicle spaces may have open unenclosed patio roofs and carports of metal, fiberglass, or other incombustible materials.

iv. Water supply. An adequate supply of potable water for domestic and fire protection purposes shall be supplied to meet the requirements of the park. Recreational vehicle spaces shall be provided with a water hookup at least four inches above the ground and a hose connection for lawn maintenance.

v. Sewage disposal. Waste from showers, bathtubs, toilets, and lavatories in recreational vehicles and service or other buildings within the park shall be discharged into a public wastewater system in compliance with applicable ordinances. In the event public services are not available, such waste shall be discharged into a private disposal system approved by the health and environmental inspector of Lubbock County, Texas.

vi. Natural gas. Recreational vehicle space shall be provided with a natural gas hookup at least four inches above the ground.

vii. Electrical service. Underground service shall be provided throughout recreational vehicle parks and service to individual recreational vehicles shall meet the requirements as set forth in Chapter 22 of the City of Lubbock Code of Ordinances. All electric meters shall be permanently installed in a location accessible from an interior street, alley, or all-weather walkway.

viii. Lighting.

a. Entrances and exits to recreational vehicle parks shall be lighted with one or more luminaires (or fixtures) totaling 7,700 lumens.

b. The interior area of the recreational vehicle park shall be lighted to five-tenths footcandle average maintained. All luminaires shall be mounted 15 feet to 25 feet above ground level.

ix. Walks. All interior walks of recreational vehicle parks shall be all-weather and not less than four feet in width. Walks provided adjacent to interior streets shall be three-foot concrete gutter-walks. Walks provided adjacent to public streets shall comply with Article 39.04, Subdivision Standards.

x. Interior streets. Interior asphalt streets shall be provided to service each recreational vehicle space. All spaces shall abut upon such paved interior street which shall connect with a public street. Interior streets where on-street parking is permitted shall not be less than 35 feet in width. In recreational vehicle parks where no on-street parking is permitted, the interior streets shall not be less than 20 feet in width. All streets shall have standard curb and gutter except where three-foot gutter-walks or drives are stipulated. No cul-de-sac streets shall be over 250 feet from center of the turnaround to the nearest curb line of the street it abuts. Turnarounds shall have a minimum forty-foot radius at the edge of the paved surface or to the face of the curb.

xi. Ingress and egress. All recreational vehicle parks shall have a double drive entrance separated by a thirty-foot median and a secondary access street at least 300 feet from this double entrance. Such streets shall have standard curb and gutter and shall not be less than 20 feet in width. Secondary access street can be chained for control as long as a breakaway lock is used. Entrances and exits must comply with the provisions of Chapter 36 of the City of Lubbock Code of Ordinances.

xii. Driveway or accessway. A driveway or accessway shall be reserved from the street to the manufactured home stand.

xiii. Parking. In addition to the off-street parking requirements in Section 39.03.009, Parking Ratios and Design, recreational vehicle parks shall provide one additional guest parking space in a common area for each four recreational vehicle spaces in the park. Such parking spaces shall not be over 200 feet from the travel trailers they serve.

J. Other standards.

i. Each recreational vehicle shall contain a five-pound CO₂ fire extinguisher at all times.

ii. Fire hydrants shall be installed so that no recreational vehicle space will be over 200 feet from a hydrant sitting on an eight-inch water main.

iii. There shall not be any storage under the recreational vehicle.

iv. The recreational vehicle park licensee shall be responsible for maintaining the conditions of this Subsection. The Fire Marshal shall make periodic inspections of these parks to ensure the above conditions are maintained.

11. Repair service. The use shall:

A. Be accessory to a principal use (for example, a phone repair service on the first floor of an apartment building, as an individual business, either connected or freestanding, or as part of a mixed-use development designed to support surrounding residential uses); and

B. Floor area. Not exceed 3,500 square feet of gross floor area.

12. Restaurant. The gross floor area shall not exceed 3,500 square feet.

13. Retail sales.

A. High Density Residential (HDR). The use shall:

i. Be accessory to a principal use (for example, a boutique on the first floor of an apartment building, as an individual business, either connected or freestanding, or as part of a mixed-use development designed to support surrounding residential uses); and

ii. Not exceed 3,500 square feet of gross floor area.

B. Neighborhood Commercial (NC). The gross floor area shall not exceed 15,000 square feet.

14. Self-storage, mini-warehouse. The use shall be limited to the following:

A. Prohibited items. The storage of goods that are explosive, highly flammable, or produce noxious odors shall be prohibited.

B. Buffering. A Type B Bufferyard, in accordance with Section 39.03.016, Bufferyard Landscaping, shall be required along any street that also borders a residential zoning district.

15. Smoke shop or tobacco store.

A. Minimum distance from same use. In all applicable districts, this use shall be located a minimum distance of 1,000 feet from property line to property line;

B. Minimum distance from other uses. This use shall be located a minimum distance of 600 feet from the following uses, measured as a radius from property line to property line; and

i. Public or private elementary or secondary schools;

ii. City parks;

iii. Child care or day care centers;

iv. Adult care centers;

v. Hospitals; and

vi. Places of worship.

C. Shall obtain a permit authorizing a smoke shop or Tobacco Store from the Planning Department.

16. Studio (arts, crafts, or recording).

A. High Density Residential (HDR). The use shall:

i. Be accessory to the principal use (i.e., a studio on the first floor of an apartment building, or as an individual business, either connected or freestanding, as part of a mixed-use development designed to support surrounding residential uses); and

ii. Not exceed 3,500 square feet of gross floor area.

B. Neighborhood Commercial (NC). The use shall not exceed 15,000 square feet of gross floor area.

17. Veterinary clinic and/or service, small animal. The use shall:

A. Enclosed facilities. Have treatment rooms, cages, pens, or kennels that are maintained within a completely enclosed, soundproof building and operated in such a way as to produce no objectionable noise or odors outside its walls;

B. Boarding. If it has kennels, kennels shall be limited to short-time boarding and accessory to such clinic;

C. Noise mitigation. Have sound transmission loss that is equivalent to an eight-inch block wall filled with insulating material; and

D. City of Lubbock Code of Ordinances. Meet all of the requirements of Article 4.05, Animal Establishments, of the City of Lubbock Code of Ordinances.

g. 

Industrial and manufacturing uses.

1. Manufacturing, heavy.

A. Truck access. The use shall be located such that associated truck traffic can access a collector or arterial street without traveling on a street adjacent to a residentially zoned or used property.

B. Indoor operations. All operations within 500 feet of a residentially zoned or used property shall be conducted completely within a building.

C. Nuisances. No impacts or byproducts of the use, including noise, dust, or odor shall be discernible from an abutting residentially zoned or used property.

D. Bufferyard. A Type C Bufferyard, in accordance with Section 39.03.016, Bufferyard Landscaping shall be required when abutting a residentially zoned or used property.

2. Manufacturing, light and warehousing and storage.

A. Indoor operations. All operations shall be conducted completely within a building, except limited daily outdoor operations and storage may occur behind the building and, in all districts except for the Base Mixed-Use districts, shall occur a minimum of 50 feet from any property line. In the Base Mixed-Use districts, such activities shall occur a minimum of 20 feet from any property line.

B. Nuisances. No impacts or byproducts of the use, including noise, dust, or odor shall be discernible from abutting property.

C. Outdoor storage. Outdoor storage shall be screened from view from the public right-of-way and adjacent properties with a Type C Bufferyard, in accordance with Section 39.03.016, Bufferyard Landscaping.

D. Mixed-use districts. In addition to complying with Subsections A. through C., above, light manufacturing in the Mixed-Use Districts shall take place in a Shop building type, as established in Section 39.03.005h, Shop.

3. Micromanufacturing.

A. Gross floor area. The gross floor area shall not exceed 3,500 square feet.

B. Indoor operations and outdoor storage. All operations shall be conducted completely within a building and no outdoor storage is permitted.

h. 

Entertainment and recreation uses.

1. Commercial amusement, indoor. The gross floor area shall not exceed 3,500 square feet.

2. Commercial amusement, outdoor.

A. Residential districts. The use shall be limited to being an athletic field or athletic facility that is part of a larger educational services complex or a golf course.

B. Mixed-use districts. The use shall be limited to a farmers' market.

3. Alcoholic beverages, on-site consumption (nightclub or bar).

A. Minimum distance from same use. In all applicable districts except for the Base Mixed-Use districts, the use shall be located a minimum of 600 feet from an existing location of the same use, measured in a direct line from front door to front door, as depicted with letter "A" in Figure 39.02.018.h-1, On-Site Alcoholic Beverage Consumption Separation from Same Use. There shall be no separation requirement in the Base Mixed-Use districts.

B. Minimum distance from residential. The use shall be located a minimum of 300 feet from any residential use, measured as a radius from property lines of the limited use, as depicted with letter "A" in Figure 39.02.018.h-2, On-Site Alcoholic Beverage Consumption Separation from Residential Use.

Figure 39.02.018.h-1

On-Site Alcoholic Beverage Consumption Separation from Same Use

Figure 39.02.018.h-2

On-Site Alcoholic Beverage Consumption Separation from Residential Use

4. General (MU-3). The Package Store shall meet all state and other separation requirements and be located a minimum of 300 feet, measured from property line to property line, from any property from any Single-Family Detached Dwelling in existence at the time of the zone change.

i. 

Transportation, utility, and communication uses.

1. Passenger terminal. The use shall:

A. Multimodal services. Have a facility stop for multimodal transportation services; and

B. Storage. Not accommodate any storage facility designed for a bus, van, or other passenger vehicle.

2. Wireless telecommunications tower. The use shall have an antenna, tower, or alternative tower structure other than a radio, television, or microwave broadcasting or transmitting antenna or facility when the antenna is co-located on an existing tower or does not add more than 20 feet to the height of an existing alternative tower structure with units that are located inside of an accessory structure.

A. Purpose. The purpose of these standards is to establish regulations for the siting of towers and antennas on public and private property and to:

i. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

ii. Encourage strongly the joint use of new and existing tower sites;

iii. Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

iv. Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

v. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

B. Application requirements. The applicant of a new tower site other than a radio, television, or microwave broadcasting or transmission facility shall provide the following documentation for review by the Director of Planning:

i. Inventory of existing sites. Each applicant of one or more towers shall provide to the planning department an inventory of its existing towers, including specific information about the location, height, and design of each tower. The planning department shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The City may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the City.

ii. Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e. The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable.

f. Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs.

g. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

iii. Site development plan. Each applicant requesting a permit for a Wireless Telecommunication Tower shall submit a scaled Site Development Plan and a sealed elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assessment of compliance with this UDC.

iv. Residential setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

v. Yard setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.

vi. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anticlimbing device.

vii. Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

viii. Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.

ix. Building codes and safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that is it maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within 30 days, the Building Official may remove such tower or cause such tower to be removed at the owner's expense.

C. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the planning department notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the Director of Planning may cause such antenna or tower to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

D. Refusal to grant request. Rejection of an application for a permitted use request for an antenna, tower or alternative tower structure by the Director of Planning shall require the applicant to submit a Specific Use Permit application in accordance with Section 39.07.033.

(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024; Ordinance 2025-O0095 adopted 8/18/2025)

§ 39.02.019 Specific use standards.

a. 

Generally.

Specific use review is a legislative procedure whereby the Planning and Zoning Commission recommends and the City Council makes a final decision on allowing a specific use, as denoted in each zoning district in Section 39.02.016, Land Use Matrix. Refer to Article 39.07, Development Review Procedures, for more information on the process to apply for, obtain, or appeal a final decision related to a Specific Use Permit.

b. 

Purpose.

The purpose of a specific use approval is to ensure that a use that is generally deemed incompatible with permitted uses in a given zoning district can be considered for approval with certain conditions placed on the use as denoted in this Section.

c. 

Applicability.

An application is required for the establishment of a new specific use, a change to a specific use, or the expansion of a specific use.

d. 

Specific standards for specific use.

The following requirements shall be prerequisites to granting approval of each use as a specific use:

1. Automobile/motorcycle race track. To establish and operate a motorcycle race track the operation shall not:

A. Disseminate dust, fumes, gas, noxious odors, trash, smoke, glare, or other atmospheric influences beyond the boundaries of the property;

B. Produce a level of noise at the boundary of the property that is of greater intensity of the level of noise of the nearest street traffic; and

C. Create a fire hazard on surrounding property.

2. Batch plant.

A. The use shall be located a minimum of 600 feet from any civic and Institutional use or a residentially used or zoned property; and

B. Hours of operation shall be not earlier than 8:00 a.m. no later than 8:00 p.m. if the use is within 1,000 feet of residentially used or zoned property, or not earlier than 6:00 a.m. no later than 10:00 p.m. in all other locations.

3. Billboard. Refer to Section 39.03.023l, Billboards.

4. Correctional institution. To operate a correctional institution, the facility shall first be reviewed and found to be in compliance and compatible with the standards of the Texas Department of Criminal Justice.

5. Junkyard, salvage yard, and wrecking yard. To establish and operate a junkyard, salvage yard, or wrecking yard:

A. Size. The site shall be at least five acres at the time of application.

B. Display area. A display area may be provided adjacent to the fronting street provided the following conditions are met:

i. The display area shall be setback a minimum of 25 feet;

ii. A screening fence shall be constructed on the sides and rear of such display area;

iii. The total area to be used for display shall not exceed five percent of the total development lot area; and

iv. Display of parts and/or used cars which are for resale may be displayed in this area. Said used cars shall be complete with no parts removed and no more than five used cars may be displayed.

C. Stacking. 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 feet thereto except that wrecked vehicles may be stacked two vehicles high provided said vehicles are stacked a minimum of 75 feet from any property line.

D. Arrangement of materials. 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. The premises shall be open for inspection and meet the requirements of the fire, police, health, and building authorities at all times.

6. Landfill. To establish and operate a landfill, an operator/owner shall provide proof of all certificates and permitting required by state law.

7. Manufactured home park.

A. Minimum acreage. Manufactured Home Parks must be located on a property that is ten (10) acres or more.

B. Restrictions on placement of manufactured housing.

i. All manufactured homes placed within a manufactured home park or subdivision shall conform with the standards established for manufactured homes by the National Mobile Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), and any subsequent modification or amendments to such standards. Except as otherwise allowed by Section 28.17.003 of the City of Lubbock Code of Ordinances, manufactured homes may not be installed within the corporate limits. All other structures, on site, shall comply with all City codes and ordinances. In addition, compliance shall be made with the appropriate sections of this UDC concerning foundations, supports and utility connections.

ii. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the City, in writing, denies the application and states the reason for the denial not later than the 45th day after the date the application is received.

iii. Subsections i. and ii., above, do not affect the validity of an otherwise valid deed restriction. However, the City of Lubbock will not enforce any private deed restriction.

iv. A permit, fee, bond, or policy of insurance is not required for the transportation and installation of manufactured housing by a licensed retailer or installer, except as approved by the Texas Department of Housing and Community Affairs, operating through its manufactured housing division. This Subsection does not prohibit the collection by the City of the actual costs which result from the transportation of a manufactured home.

v. Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home.

vi. An owner's ability to replace a manufactured home as a result of a fire or natural disaster is not restricted; however, other than in the case of a fire or natural disaster, the ability of an owner to replace a manufactured home is limited to a single replacement.

C. Inspection and permit.

i. Inspection shall be made of manufactured homes and manufactured home sites by the Building Official, in accordance with the inspections required in Sections 28.05.231 of the City of Lubbock Code of Ordinances and this UDC, and the required inspection fees shall be paid.

ii. A permit shall be secured from the Building Official by any person desiring to place a manufactured home within a manufactured home park or subdivision following the procedures in Articles 28.05 and/or 28.07 of the City of Lubbock Code of Ordinances, as applicable. Such permit shall be secured before any preparation of the lot is started prior to moving in a manufactured home or making an addition to a manufactured home in accordance with the Building Code.

iii. Permits required for the placement or installation of manufactured homes include those necessary for movement and placement of the home, as well as to accommodate the connection of electrical, plumbing, and fuel gas systems, including all necessary inspections associated therewith. Any addition to a manufactured home shall require permits in accordance with the Building Code, the Electrical Code, the Plumbing Code, and the Mechanical Code in accordance with Article 28.05 of the City of Lubbock Code of Ordinances.

8. Outdoor shooting/archery range. To operate an outdoor shooting/archery range:

A. The minimum area of the parcel proposed for development shall be 30 acres;

B. The range shall be a minimum of 2,500 feet from residential zoning districts, schools, places of public assembly, day care centers, and parks used for active recreation, which shall be measured along a straight line between the closest property lines in all directions; and

C. The use shall be designed to prevent projectiles from leaving the site and shall be approved by the City of Lubbock Police Department and a third-party, independent inspector who shall certify the site is in compliance with this regulation.

9. Resource extraction. To establish and operate a mine or any other facility that extracts natural resources from the ground:

A. Site plan. A survey and legal description of the property shall be submitted showing a north arrow, scale, and date. It shall also show the owner of property in question and ownership of all adjacent property, 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 200 feet of the property;

B. Statement of depth. The application shall designate the depth to which excavation or fill will be made and the angle of all side slopes;

C. Dust. The application shall include a statement describing provisions for controlling dust;

D. Traffic. The application shall include a statement of precautions to be taken to guide traffic movements safely in, around, and by said operation; and

E. Oil and gas drilling. If the resource extraction is for oil and/or gas, the requirements of Article 8.07, Oil and Gas Drilling, of the City of Lubbock Code of Ordinances shall be met.

10. Sexually-oriented business. To operate a sexually-oriented business, the following standards shall be met, in addition to the standards in Article 8.09, Sexually-Oriented Businesses, in the City of Lubbock Code of Ordinances:

A. Testimony. Testimony before the Planning and Zoning Commission and City Council shall establish that:

i. The proposed use will not be injurious or otherwise detrimental to the public health, safety, morals, and general welfare of the public;

ii. Approval of the proposal will not be injurious to the property or improvements in the vicinity of the proposed use; and

iii. 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.

B. Notice to adjacent owners. Written notice of public hearings shall be given as required to all owners of real property lying within 1,000 feet of the property in accordance with the mailed notice provisions within Section 39.07.007, Public Notice.

11. Stockyards. To operate a stockyard, the following standards shall be met:

A. Slaughter. No killing or dressing of animals for human or animal consumption shall be permitted on any lot, tract, or parcel.

B. Setbacks. No accessory building associated with keeping animals shall be located closer than 30 feet from the side property lines, 40 feet from the rear property line, or closer than 40 feet from the front property line.

C. Fencing. All animals kept shall be confined within pens or fences of suitable materials and substantial construction sufficient to restrain the animals.

D. Shelter. 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.

E. Feed storage. Feed grains or all other animal foods with the exception of hay shall be stored in metal or other rodent-proof receptacles.

F. Parking. Adequate parking shall be provided for all uses on the property, as determined by staff and required as part of the specific use approval.

(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2025-O0095 adopted 8/18/2025)

§ 39.02.020 Accessory use and structure standards

a. 

Purpose and applicability.

1. Purpose. The purpose of this Section is to outline standards for accessory uses and structures, which apply to all uses in all districts to:

A. Economic development. Promote economic development by making the community a more desirable place to live, conduct business, and recreate.

B. Property values. Protect property values and lessen the impact that some accessory structures may have on residential properties;

C. Aesthetics. Enhance and protect the aesthetic interests of the community; and

D. General welfare. Advance the general welfare of the community.

2. Applicability.

A. Districts. Standards are organized by the following:

i. Accessory uses, generally;

ii. Accessory uses in residential districts;

iii. Accessory uses in nonresidential and mixed-use districts; and

iv. Accessory dwelling units.

B. Construction and expansion. The standards of this Section apply when:

i. An accessory use or structure is established or constructed;

ii. An existing accessory structure is expanded by more than 10% of its gross floor area; or

iii. There is an expansion of an accessory use to or within an existing building or in an outdoor area devoted to the accessory use.

b. 

General accessory uses and structures.

1. Generally. Accessory structures include, but are not limited to, garages, tool houses, greenhouses, and storage houses.

2. Applicability. The standards of this Subsection are for accessory uses and structures that are permitted in any zoning district in association with a principal use or uses.

3. All accessory uses and structures. The following standards shall apply to all accessory uses and structures in all zoning districts except as indicated otherwise:

A. Subordination. The accessory use or structure shall be subordinate to and serve a primary use or primary structure. Except as provided in this Subsection, a non-agricultural accessory structure shall be subordinate in height to the primary structure or residence.

B. Same property. An accessory use or structure shall be located on the same parcel or lot as the primary use or structure.

C. Timing of use. No accessory structure may be used unless the primary structure is also being used.

D. Residential use. Accessory structures shall not be used as dwellings.

E. Commercial use. Accessory structures located on residentially zoned or used property shall not be used for commercial purposes other than a permitted home occupation or home business.

F. Setbacks.

i. Generally. Except as provided for in Subsection c.2.B.iv, detached accessory structures shall have minimum interior side and rear setbacks of five feet. Attached accessory structures shall comply with the setbacks that apply to the primary use or structure but shall not be less than five feet.

ii. Residential accessory structures. In addition to the standards in Subsection i. above, the following shall apply to residential accessory structures:

a. An accessory structure shall be located to the rear of the front facade of the principal structure. In the case of a through lot, the accessory structure shall meet the required setback from the rear street.

b. An accessory building with vehicular access that fronts an alley shall be set back a minimum of 20 feet from the alleyright-of-way or easement.

c. Refer to Subsection c.2.B, Setbacks, for additional provisions for residential accessory structures.

G. Easements. Accessory structures permanently affixed to the ground shall not encroach into an easement.

H. Size. Accessory buildings shall not occupy more than 10% of the total square footage of the lot and shall not exceed the floor area of the primary building on properties that are less than one-half acre in the lot area.

I. Fence and wall height. Fence and wall height shall be measured as described in Section 39.02.023, Measurements.

J. Quantity. The number of accessory structures permitted per lot (based on lot size) shall be the following:

i. One acre or greater. Lots with an area of one acre (43,560 square feet) or greater shall not have more than four accessory structures.

ii. 20,000 to 43,559 square feet. Lots with an area between 20,000 square feet and 43,559 square feet shall not have more than three accessory structures.

iii. Less than 20,000 square feet. Lots with an area of less than 20,000 square feet shall not have more than two accessory structures.

4. Carports and porte-cocheres. Detached and attached carports and porte-cocheres, as depicted in Figure 39.02.020.b-2, Carport and Porte-Cochere, are allowed subject to the following:

A. Permitted. A carport or porte-cochere may be permitted as an accessory structure to:

i. A Single-family dwelling;

ii. A Duplex;

iii. A Townhouse dwelling;

iv. A Multiple-family dwelling;

v. Automobile and Related Uses;

vi. Civic and Institutional Uses; and

vii. Commercial Uses.

Figure 39.02.020.b-2 Carport and Porte-Cochere
Residential Carport	Residential Porte-Cochere

B. Prohibited. Temporary or pre-assembled carports or porte-cocheres are prohibited.

C. Building permit required. As permanent structures, carports and porte-cocheres are subject to the City's Building Code, including wind load requirements, and shall require a building permit prior to construction.

D. Encroachment. Carports and porte-cocheres shall not encroach into required setbacks, except as listed below.

E. Construction methods. Carports, porte-cocheres, and their support structures shall be firmly anchored to the ground. Drainage runoff from the structure shall not create a greater amount of water runoff and/or drainage than pre-existed the structure onto adjacent properties.

F. Residential carport or porte-cochere location.

i. Rear yard. The Director of Planning may approve a Site Development Plan for a carport or porte-cochere located in the rear yard of a townhouse building type if it complies with all of the following standards:

a. Alley access. The carport or porte-cochere shall be accessed only from an alley.

b. Design and appearance. A carport or porte-cochere shall be constructed so that supporting posts, fascia, soffits, roof, and roof slope are of the same color, materials, and architectural style as the principal structure;

c. Length and width. Carports and porte-cocheres shall have dimensions no greater than 24 feet in length by 20 feet in width;

d. Setback. The carport or porte-cochere shall obey all setbacks for the district in which it is located.

ii. Front yard and side yard. The Director of Planning may approve a Site Development Plan for a carport or porte-cochere located in the front yard or side yard of single-family detached or multi-family dwelling if it complies with all of the following standards:

a. Design and appearance. A carport or porte-cochere shall be constructed so that supporting posts, fascia, soffits, roof, and roof slope are of the same color, materials, and architectural style as the principal structure;

b. Length and width. Carports and porte-cocheres shall have dimensions no greater than 24 feet in length by 20 feet in width;

c. Interior side setback. Be setback a minimum of five feet from an interior side property line;

d. Front setback. Be setback a minimum of five feet from the front property line; and

e. Street side setback. Be setback a minimum of five feet on the street side yard of the property.

5. Residential and agricultural fences and walls.

A. Subdivision perimeter fences or walls. A fence or wall may be provided along the perimeter of a new subdivision adjacent to public right-of-way. If a fence or wall is provided, it shall:

i. Be of a consistent design for the entirety of the subdivision with a Type B Bufferyard, as detailed in Section 39.03.016 Bufferyard Landscaping, provided along the fence where adjacent to an arterial street or highway;

ii. Be maintained by a homeowners' association, property owners' association, public improvement district, or tax increment financing reinvestment zone;

iii. Include stone or brick columns spaced a maximum of 30 feet apart;

iv. Not encroach into the public right-of-way;

v. Be a minimum of six feet in height; and

vi. Be installed by the subdivider, the subdivider's contractor, or other entity approved by the Director of Planning.

B. Prohibited fence materials. Residential fences not associated with the permitted keeping of livestock are prohibited from being composed of the following materials:

i. Cast off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence, such as, but not limited to:

a. Plywood or particleboard;

b. Rope, string, or wire products (except as where provided); and

c. Fiberglass panels.

ii. Barbed wire or concertina;

iii. Razor wire;

iv. Electrified components (except as where provided in Subsection C., Keeping of Livestock, below);

v. Embedded glass shards; or

vi. Damaged, deteriorated, or unsafe materials.

C. Keeping of livestock. In addition to the material requirements above, the following may be used for restraining livestock where permitted:

i. Chicken wire, hog wire, wire fabric and similar welded or woven wire fabrics; and

ii. Electrified fencing provided that warning signs shall be posted.

D. Approved fence materials. Residential fences may be constructed of any of the following materials:

i. Masonry (brick, stone, reinforced concrete) or any other sustainable material with more than a 30-year life expectancy;

ii. Ornamental metal fencing;

iii. Cedar or whitewood;

iv. Composite fencing;

v. Vinyl fencing;

vi. Chainlink fencing;

vii. Wooden split-rail or painted pipe rail fencing may be installed on parcels of one acre or larger;

viii. Sheet, roll, or corrugated metal, only if constructed with metal posts, metal frames, metal brackets, and metal caps; and

ix. Other wooden picket fences, only if constructed with metal posts, metal brackets, and metal caps. Wooden horizontal members must be at least 2" X 4" in size.

E. Height and openness.

i. Except as permitted in Subsection b.5.G., Apartment Fencing, below, the maximum height of a residential fence or wall within a required front setback shall be 48 inches.

ii. The maximum height for any other residential fence or wall shall be 10 feet.

F. Setbacks. Fences and walls are permitted in any required setbacks, subject to the height limits in Subsection b.5.E., Height and Openness, above, and subject to the visibility triangle established in Section 39.02.023, Measurements.

G. Apartment fencing. Apartments may have a maximum six-foot tall fence that encroaches into the required front or side street setback if the fence is composed of ornamental metal and has a less than 50 percent opacity.

6. Nonresidential and mixed-use fences. Except as provided in Subsection b.6.A., Industrial Screening Fence Requirements, below, and Subsection c.7., Private Sports Courts and Batting Cages, other than required buffer fencing, the following regulations apply to fencing in base nonresidential and mixed-use districts, and for nonresidential and mixed-use developments in residential or industrial districts.

A. Industrial screening fence requirements. Other than required buffer fencing, the following regulations apply to fencing for industrial uses located in the LI and GI districts.

i. Height shall not exceed 10 feet.

ii. Chainlink is a permitted material for security fencing.

iii. Barbed wire may be used as a permitted material for security fencing and shall comply with the minimum requirements of the City's adopted Building Codes, including but not limited to, the City-adopted Building Code, as it exists or may be amended, and other applicable laws.

B. Approved fence materials. Fences associated with nonresidential and mixed-use development may be constructed of any of the following materials.

i. Masonry (brick, stone, reinforced concrete) or any other sustainable material with more than a 30-year life expectancy;

ii. Ornamental metal fencing;

iii. Cedar or redwood;

iv. Composite fencing;

v. Vinyl fencing;

vi. Wooden split-rail or painted pipe rail fencing may be installed on parcels of one acre or larger;

vii. Other wooden picket fences, only if constructed with metal posts, metal brackets, and metal caps. Chemically pre-treated wooden horizontal members must be at least 2" X 4" in size.

C. Prohibited fence materials. Nonresidential fences not associated with the permitted keeping of livestock are prohibited from being composed of the following materials:

i. Cast off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence, such as, but not limited to:

a. Plywood or particleboard;

b. Rope, string, or wire products (except as where provided); and

c. Fiberglass panels.

ii. Sheet, roll, or corrugated metal;

iii. Razor wire (except as where provided);

iv. Chainlink (except as where provided);

v. Electrified components;

vi. Embedded glass shards; or

vii. Damaged, deteriorated, or unsafe materials.

D. Location. Except in the IP, LI, and GI districts, and as permitted in Subsection b.6.F., Hotel Fencing, below, fences and gates that exceed four feet in height shall not extend beyond the front facade of the building.

E. Height. Height shall not exceed eight feet.

F. Hotel fencing. Hotels may have a maximum six-foot tall fence that extends beyond the front facade of the building and that encroaches into the required front or side street setback if the fence is composed of ornamental metal and has a less than 50 percent opacity.

7. Solar panel array (small-scale).

A. Ground-mounted. Ground-mounted solar panels shall be:

i. Located in the interior side or rear yard; and

ii. Set back from lot lines as if they were detached accessory buildings if the highest point on the panels is more than six feet above grade.

B. Roof-mounted.

i. Roof-mounted solar panels may be located on principal and accessory buildings.

ii. A roof-mounted array on a pitched roof may not extend more than 12 inches above the roof surface if the roof is visible from the public right-of-way or from a residential property, nor may it extend more than 12 inches beyond any edge of the roof.

iii. A roof-mounted array on a pitched roof that is visible from the public right-of-way may cover a maximum of 50 percent of the roof plane visible to the public right-of-way.

iv. Where an array is placed atop a flat roof, it may not extend more than five feet above the roof and shall be screened from the public right-of-way with the building's facade parapet or similar mechanism.

v. If a roof-mounted solar panel array cannot meet the above placement standards, a Specific Use Permit in compliance with the procedures in Section 39.07.033, Specific Use Permit, is required.

C. Agreement. If solar panels are to be interconnected to the electric utility grid, proof of an executed interconnect agreement shall be provided to the Building Official before the system is interconnected. Systems approved pursuant to this Subsection may not generate power as a commercial enterprise.

c. 

Residential accessory uses and structures.

1. Applicability. The standards of this Subsection are for residential accessory uses and structures.

2. Accessory structures. Accessory structures include, but are not limited to, garages, tool houses, greenhouses, and storage houses, and are subject to the following unless explicitly modified in this Subsection:

A. Generally. Such structures shall meet applicable City Building Codes and receive permits, if required, prior to construction. These structures shall not be permitted as dwellings.

B. Setbacks. The following setback requirements shall apply to residential accessory structures unless otherwise required in this Section.

i. An accessory structure shall be located to the rear of the front facade of the principal structure. In the case of a through lot, the accessory structure shall meet the required setback from the rear street.

ii. Detached accessory structures shall have a minimum side and rear setback of five feet.

iii. A garage that fronts an alley shall be set back a minimum of 20 feet from the alley right-of-way or easement line.

iv. In the RE, SF-1, SF-2, MDR and HDR districts, an accessory structure may be built to within 18 inches of the rear lot line if the property has paved alley access. However, if a garage or one-story carport has its vehicular access facing a street or alley right-of-way or access easement, the minimum setback shall be 20 feet for garages, or five feet for one-story carports not having solid side walls. Setbacks shall be measured from the nearest right-of-way or easement boundary in a direction extending from the right-of-way or easement boundary in a line perpendicular to the face of the garage or carport.

C. Floor area. Accessory buildings shall occupy no more than 10 percent of the total square footage of the lot and the floor area of an accessory building shall not exceed the floor area of the principal building on properties that are less than one-half acre in lot area.

3. Agricultural accessory use or structure.

A. Floor area. An accessory structure that supports an agricultural activity may exceed the floor area of the principal building.

B. Residential separation. All agricultural structures (excluding fences) used to house livestock shall be located so that they are no closer than 150 feet from a dwelling unit on another property. This requirement shall not apply if a dwelling unit is constructed so as to encroach upon such separation, except that such an agricultural structure may no longer expand towards a newly established residential use.

4. Community garden.

A. Generally. Community gardens shall comply with all regulations of the associated district and applicable standards for community gardens in Section 39.02.018b, Agricultural Uses.

B. Location. The entirety of the community garden shall be located within the rear yard and shall not be located within any required setback.

C. Screening. The entirety of the community garden shall be screened by an opaque fence.

D. Composting. Composting may be performed on-site, within a composting container, subject to the following:

i. Composted materials shall be generated on-site or contributed by members of the community garden; and

ii. All composting containers shall be located a minimum of 20 feet from side and rear property lines and a minimum of 40 feet from the front property line.

5. Home occupation.

A. Types permitted. Home occupations are limited to office and professional services, and any use operating as a customary home occupation approved by the City prior to the effective date of this UDC.

B. Types prohibited. The following are prohibited as home occupations:

i. Animal hospitals;

ii. General retail sales;

iii. Mortuaries;

iv. Major electrical appliance repair, motorized vehicle repair, and related uses;

v. Sexually-oriented business;

vi. Stables or kennels;

vii. Welding, vehicle body repair, or rebuilding or dismantling of vehicles; and

viii. Other activities that the Director of Planning deems to be functionally similar to a prohibited home occupation.

C. Permitted employees. No person other than a resident of the dwelling shall be engaged in such occupation.

D. Permitted structures. Any permitted home occupation may take place in the principal or accessory structure.

E. Scale of use.

i. The home occupation shall not exceed more than 25 percent of the gross floor area of the principal building or 400 square feet, whichever is less; and

ii. This measurement excludes the floor area of an:

a. Attached garage;

b. Detached garage; or

c. Accessory dwelling unit.

F. Advertisement. To prevent increased traffic congestion in residential areas, no advertising device such as a sign, display, handbills, or other visible indication thereof shall be displayed inside or outside the residential dwelling and no print or social media advertising shall advertise the business or property address.

G. Character of dwelling.

i. No alteration shall be made to the building that changes the residential character or appearance of the dwelling to accommodate the home occupation; and

ii. The mechanical or electrical equipment supporting the home occupation shall be limited to that which is self-contained within the structure and normally used for office, domestic, or household purposes.

H. Exterior storage prohibited. There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation that is visible from the exterior of the dwelling unit.

I. Nuisances. The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, vibrations, or anything else that constitutes a public or private nuisance to neighboring properties.

J. Signage. There shall be no signage or any other external visible indication relating to the home occupation.

K. Deliveries. The home occupation shall not require the delivery or shipment of materials, merchandise, goods, or equipment by any means other than passenger motor vehicles, one-ton step-up vans, or similar-sized trucks that are less than 10 tons gross vehicle weight.

L. Parking.

i. On-site. No more than one vehicle used in connection with any home occupation shall be parked on the property.

ii. Places to park. No more than two on-street parking spaces shall be used by the home occupation at any one time.

iii. Traffic congestion. The home occupation shall be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.

M. Discharge or dangerous uses. The home occupation:

i. Shall not discharge into any wastewater system, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal wastewater plant operation, corrosive to wastewater pipes and installations, or any material that is a violation of Article 22.11 of the City of Lubbock Code of Ordinances; and

ii. Will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.

N. Home beauty shop. If the use is a home beauty shop, the use shall be limited to no more than one operator's chair, three dryers, and one sink utilized and installed within the area of the residential dwelling devoted to this purpose.

O. Other permits and laws. The occupation shall be operated in accordance with all applicable laws and, if a state or federal permit(s) or certificate(s) are required, such permit and/or certificate shall be obtained prior to beginning operation.

6. Outdoor swimming pool, spa, and hot tub.

A. Location.

i. Except as modified in Subsection ii, below, outdoor swimming pools, spas, or hot tubs shall be located in the side or rear yard and shall have the same required setbacks as a detached structure, as established in Subsection c.2.B, Setbacks, above, as measured from the exterior pool fence or wall.

ii. For garden home housing types, where the structure is set with a zero-foot setback on one side property line, an outdoor pool shall have the same setback as the non-zero side setback of the residence.

B. Enclosure. Swimming pool, spa, and hot tub enclosures shall comply with the minimum requirements of the City's adopted Building Codes, including but not limited to, the City-adopted International Residential Code, as it exists or may be amended, and other applicable laws.

7. Private sports courts and batting cages.

A. Number. There shall be no more than one sports court or batting cage per lot, except that lots over one acre in area may have a maximum of two.

B. Accessory structures. Each private sports court or batting cage will substitute for one permitted accessory structure per lot on a one-to-one basis.

C. Location. A private sports court or batting cage shall be located to the rear of the front facade of the principal structure. A minimum 10-foot setback shall apply from side and rear property lines.

D. Fence height. All fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line. If the setback is more than 15 feet from side and rear property line, fence height may be increased to a maximum of 15 feet, measured in the same manner.

E. Fence materials. Approved fencing materials are chainlink fencing or mesh netting.

8. Intermodal shipping containers. Intermodal shipping containers, as separate structures or as a component to a structure, are prohibited for use within the RE, SF-1, SF-2, and MDR zoning districts.

d. 

Nonresidential and mixed-use accessory uses and structures.

1. Applicability. The standards of this Subsection are for nonresidential and mixed-use accessory uses and structures.

2. Automated teller machine (ATM) or vending kiosk. ATMs or vending kiosks are permitted subject to the following:

A. Accessory use. They shall be customarily associated with a permitted principal use, located on the same lot or parcel, and shall not serve as a principal use;

B. Setback. They shall be set back from property lines one foot for each foot in height of the kiosk or ATM;

C. Height. They shall not exceed a maximum height of 10 feet;

D. Mounting. They shall be elevated above parking lot surfaces and protected by a six-inch curb, with a minimum radius around the base of the kiosk of five feet. Bollards shall not be used for collision protection unless they are integrated into a decorative metal fence that surrounds the structure except at points of access; and

E. Pedestrian access. Walk-up vending kiosks and ATMs shall be connected to the internal and external pedestrian circulation systems and do not interfere with vehicular circulation; or

F. Vehicular access. Drive-through vending kiosks and ATMs shall have circulation that is independent from parking areas and shall provide a minimum of three stacking spaces, including the position at the kiosk or ATM.

3. Community garden.

A. Accessory use. A community garden may be permitted as an accessory use to:

i. Place of public assembly, indoor; and

ii. Educational services (excluding transportation-related instruction).

B. Generally. Community gardens shall comply with all regulations of the associated district and applicable standards for community gardens in Section 39.02.018b, Agricultural Uses.

C. Location. The entirety of the community garden shall not be located within any required setback.

D. Composting. Composting may be performed on-site, within a composting container, subject to the following:

i. Composted materials shall be generated on-site or contributed by members of the community garden; and

ii. All composting containers shall be located a minimum of 40 feet from side and rear property lines and a minimum of 80 feet from the front property line.

4. Donation bin/recycling collection, drop-off.

A. Generally. Donation bins, community recycling bins, and dumpster bins may be provided for permitted apartments, nonresidential uses, and mixed uses for solid waste or other appropriate collection services.

B. Screening. Containers that are located in a front yard to meet the requirements of the refuse service provider or that are visible from the street right-of-way view shall be screened with a solid enclosure. The enclosure shall extend at least one foot above the container top, as depicted in Figure 39.02.020.d-1, Dumpster, Donation Bin, Recycling Collection Screening.

C. Location. The placement of the containers shall meet the following requirements:

i. Containers shall be placed on a paved surface of either concrete or asphalt;

ii. Containers shall be located in such a manner that they can be serviced by a collection or refuse hauling vehicle without such vehicle encroaching on or interfering with the public use of streets or sidewalks, and without such vehicle backing out of the property onto the public right-of-way;

iii. Openings into enclosures shall be positioned so that view of the containers from residentially zoned or used properties and from the street right-of-way is eliminated; and

iv. The facilities shall be located in a side or rear yard of the parcel proposed for development unless it is not possible to provide service access in such locations.

Figure 39.02.020.d-1

Dumpster, Donation Bin, Recycling Collection Screening

5. Drive-in or drive-through facility. Drive-in or drive-through facilities are permitted subject to the following:

A. Location. The facility shall not be located within the front setback of the principal building and the street.

B. Speakers. Drive-through speakers shall be either:

i. Oriented to face away from a single- or two-family dwelling or a residential zoning district; or

ii. Be setback a minimum of 25 feet from a single- or two-family dwelling or a residential zoning district.

6. Outdoor display of merchandise. Permanent or seasonal outdoor display of merchandise is permitted subject to the following:

A. Detached from or attached to principal building. The outdoor display area shall only contain items for sale by a business that is located within a permanent structure or a designated area on the same site, whether the display area is detached from, or attached to, a principal building.

B. Attached to principal building. An outdoor display area that is attached to a principal building (Letter "A" in Figure 39.02.020.d-2, Attached Outdoor Display Area, below) is permitted if the outdoor display area is:

i. Adjacent to a wall of a principal building;

ii. Not located in areas that are required or used for parking, loading, or vehicular circulation.

iii. Not larger than 15 percent of the gross floor area of the principal building (Letter "B" in Figure 39.02.020.d-2);

iv. Within the buildable area of the site formed by the required setbacks;

v. If permanently covered, the display area shall be covered with a roof structure that is architecturally integrated into the primary building (Letter "C" in Figure 39.02.020.d-2), except that nursery areas may be covered by greenhouse roofing, screening, or another cover material that is appropriate for protecting plant stock; and

vi. Configured as a walled and/or decoratively fenced area that is architecturally integrated into the principal building (Letter "D" in Figure 39.02.020.d-2).

Figure 39.02.020.d-2

Attached Outdoor Display Area

7. Outdoor storage. Outdoor storage is permitted subject to the following:

A. Accessory use. Outdoor storage shall take place only in conjunction with a principal use as permitted in nonresidential and mixed-use districts.

B. Surfacing and drainage.

i. LI and GI districts. In the LI and GI zoning districts, access aisles and maneuvering areas of enclosed outdoor storage areas may be composed of gravel.

ii. All other nonresidential and mixed-use districts. All outdoor storage facilities including access aisles, driveways, and maneuvering areas shall be composed of an all-weather surface.

C. Location. An outdoor storage area shall be located to the rear or side of the primary structure and shall be screened on all sides by a minimum six-foot solid wood or masonry screening fence.

D. Maneuvering of inventory. The site shall be of adequate size, shape, and design to ensure:

i. Inventory will be maneuvered without conflicting with vehicular use areas; and

ii. All on-site maneuvering shall occur without encroaching onto adjacent properties or rights-of-way.

E. Buffering and screening. Outdoor storage areas shall be screened from the public right-of-way and from adjacent properties with a Type B Bufferyard as established in Division 3.4, Trees, Landscaping, and Buffering, together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height with the following exemptions:

i. Retail planting stock and landscape stone or similar landscape materials, associated with a nursery or greenhouse;

ii. Commercial vehicles related to a permitted business on-site; and

iii. Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured homes, and other similar vehicles or equipment sold by a permitted use on-site.

e. 

Accessory dwelling unit.

1. Applicability.

A. Previously existing accessory dwelling units.

i. In RE, SF-1, SF-2, MDR, and HDR districts, an accessory dwelling unit, as depicted in yellow in Figure 39.02.020.e-1, Accessory Dwelling Unit, is permitted on a parcel where the owner of the property lives in either the primary or accessory unit.

ii. An existing accessory dwelling unit as described in Subsection e.1.A, Previously Existing Accessory Dwelling Units, shall be exempt from the standards of this Subsection and the Director of Planning may deem the accessory dwelling unit a nonconforming use and/or structure, as applicable.

B. New accessory dwelling units.

i. In RE, SF-1, SF-2, and MDR districts, an accessory dwelling unit is permitted on a parcel where the owner of the property lives in either the primary or accessory unit.

ii. Accessory dwelling units shall be allowed in Mixed Use districts in conjunction with House, Duplex, or Multiplex housing types provided they are on a parcel where the owner of the property lives in either the primary or accessory unit and they otherwise comply with this Section.

2. Approval. Application for an accessory dwelling unit, on a parcel where the owner of the property lives in either the primary or accessory unit, shall contain an affidavit stating why the accessory dwelling unit qualifies under this Section.

3. Limitations on accessory dwelling units.

A. Number of approvals per tract. Approval is limited to one primary dwelling unit and one accessory dwelling unit per lot.

B. Minimum lot area. The minimum lot area shall be 10,000 square feet. In the Neighborhood Infill Overlay or Community Infill Overlay districts, the minimum lot area shall be 6,000 square feet.

C. Parking. One off-street parking space shall be required in addition to the spaces required for the primary dwelling unit.

D. Floor area. The floor area of the accessory dwelling unit shall not exceed that of the primary dwelling unit.

E. Residential building code. The accessory dwelling unit shall comply with the requirements of the City's Building Code.

F. Use. An accessory dwelling unit may be used as a long-term rental, short-term rental, or guest house.

4. Effect of approval. Approval as an accessory dwelling unit shall not affect the uniform enforcement of all other ordinances designed for the protection of the health, welfare, and safety of the citizens of the City of Lubbock, including but not limited to the Fire, Building, and Housing Codes.

5. Termination of approved status. A change in ownership shall not affect the status as an approved accessory dwelling unit provided either the primary or accessory dwelling unit is owner-occupied. Such status shall cease to exist if at least one of the two dwelling units on the development tract is not occupied by the owner of the property.

Figure 39.02.020.e-1

Accessory Dwelling Unit

Figure Notes:

Accessory dwelling units shown above in yellow.

(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024; Ordinance 2025-O0095 adopted 8/18/2025)

§ 39.02.021 Temporary use and structure standards.

a. 

Generally.

Temporary buildings, structures, and construction uses are subject to the standards of this Section.

b. 

Purpose.

This Section provides standards for operating a temporary use. The purpose of these regulations is to manage temporary uses to protect the public health and safety and to preserve the value and enjoyment of surrounding properties.

c. 

Applicability.

1. Permit required. A temporary use permit shall be required, as established in Section 39.07.025, Temporary Use Permit, and is subject to administrative approval depending on the conformance of the application with the requirements of this Section.

2. Listed uses. This Section applies to temporary uses in the zoning districts in Table 39.02.021-1, Permitted Temporary Uses, Frequencies, and Duration, below. Any temporary use that this Section does not allow, or that the Director of Planning determines to be substantially similar to those not allowed, is prohibited.

3. Unlisted uses. The Director of Planning may interpret unlisted uses as requiring a Temporary Use Permit based on the provisions of Section 39.02.017, New and Unlisted Uses.

4. Required principal use. Establishment of a temporary use requires a permanent principal use, except for a batch plant.

d. 

Exemptions.

The following activities shall not require a Temporary Use Permit:

1. Outdoor entertainment. Individual events in permitted athletic stadiums, amphitheaters, and City-owned parks.

2. Farmers' markets or fairs. Farmers' markets, fairs, or other special events held within the public rights-of-way or on City-owned property that have received any necessary approvals outside of this UDC.

e. 

General standards.

The following standards shall apply to temporary uses and structures.

1. Location and site requirements. Unless otherwise provided for a specific temporary use, such uses shall:

A. Have legal access to the site on which the use is proposed;

B. Have all objects anchored down by the permittee;

C. Be conducted in areas designated by an approved temporary use permit;

D. Except for in the Mixed-Use districts, be set back 30 feet from public rights-of-way;

E. In Mixed-Use districts, shall not encroach into the public right-of-way except as allowed in Subsection g., Specific Temporary Use Standards; and

F. Be set back 50 feet from a residential zoning district.

2. Parking, access, and circulation. A temporary use shall:

A. Have sufficient on-site parking for the principal and temporary use;

B. Have adequate sight distances for safe vehicular ingress and egress;

C. Not obstruct vehicular circulation nor access by emergency service providers; and

D. Provide safe circulation by:

i. Maintaining access to principal uses operating simultaneously with the temporary use; and

ii. Minimizing points of conflict between vehicles and pedestrians.

3. Utilities. Temporary uses shall provide sufficient potable water and adequate sewage disposal, when applicable.

4. Outdoor lighting. All light sources must be directed inward to the site and downward and away from adjacent properties. Refer to Division 3.6, Outdoor Lighting.

5. Public convenience and litter control.

A. The Director of Planning may require that adequate public restroom facilities be provided on-site.

B. Adequate waste and recycling containers shall be provided on-site.

C. After the temporary use has completed its designed term, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City.

f. 

Temporary use table.

1. Generally. Table 39.02.021-1, Permitted Temporary Uses, Frequencies, and Duration, shows which temporary uses are permitted in which zoning districts and provides maximum frequency and duration of an allowed temporary use.

2. Symbols. The symbols in Table 39.02.021-1, Permitted Temporary Uses, Frequencies, and Duration, shall have the following meanings:

A. "NT" means "No Permit Required Temporary Permitted Use" subject to the applicable requirements of this Section but does not require approval of a temporary use permit.

B. "TP" means "Temporary Permitted Use" subject to the applicable requirements of this Section and approval of a temporary use permit by the Director of Planning.

C. "TS" means "Temporary Specific Use" subject to the applicable requirements of this Section and approval of a Specific Use Permit in accordance with Section 39.07.033, Specific Use Permit.

D. "—" means that the use is prohibited in the specified zoning district.

E. "Number/Number" in the Duration column means the maximum number of days permitted per event and the maximum number of events permitted on a single site in a calendar year. For example, outdoor dining is permitted every day of the year on the same site.

F. "Standards" references refer to the standards below the table within this Subsection.

Table 39.02.021-1 Permitted Temporary Uses, Frequencies, and Duration
NT = No Permit Required Temporary Permitted Use; TP = Temporary Permitted Use; TS = Temporary Specific Use; — = Prohibited; "Number/Number" = Maximum number of days permitted per event/Maximum number of events permitted on a single site in a calendar year
Temporary Use	Standards	Duration	Zoning Districts
			Base Residential	Base Mixed-Use	Base Public and Nonresidential
					NC, OF	AC	HC, IP, LI, GI
Batch plant	Subsection g.1	N/A	TP	TP	TP	TP	TP
Outdoor sales event, including grand opening	Subsection g.2	3/3	TP	TS	TP	TP	—
Outdoor circus, carnival, exhibition, or show	Subsection g.3	14/1	—	—	—	TP	TP
Outdoor dining	Subsection g.4	1/365	—	TP	TP	TP	—
Portable-On-Demand (POD) storage unit/Container	Subsection g.5	30/2	NT	—	TP	TP	TP
Temporary construction or field sales office	Subsection g.6	N/A	TP	TP	TP	TP	TP

g. 

Temporary use standards.

The following standards apply to temporary uses in Table 39.02.021-1, Permitted Temporary Uses, Frequencies, and Duration, above, whether or not they require a Temporary Specific Use Permit or are temporary permitted uses.

1. Batch plant.

A. The use shall be located a minimum of 600 feet from any civic and Institutional use or a residentially used or zoned property.

B. Hours of operation shall be 8:00 a.m. to 8:00 p.m. if the use is within 1,000 feet of residentially used or zoned property; or 6:00 a.m. to 10:00 p.m. in all other locations.

C. The facility shall only be used for a development project within the City and shall be located no more than one mile from the project site.

D. The duration of the use shall coincide with the use of the facility for a specified construction project, not to exceed 180 days. The use shall be removed upon project completion.

2. Outdoor sales event, including grand opening.

A. The use shall occupy a maximum area of 10 percent of the overall site area.

B. In the NC and OF zoning districts, the sales area shall not encroach onto a sidewalk.

C. In the Base Mixed-Use zoning districts, the sales area may encroach onto the sidewalk; however, the sidewalk shall have a minimum of four feet of unobstructed width.

D. The only outdoor sales event permitted in association with a residential use is a garage sale.

E. In a multi-tenant site, the maximum number of outdoor sales events per year is on a per tenant basis.

3. Outdoor circus, carnival, exhibition, or show.

A. The minimum site area for this use is as follows:

i. If the expected peak attendance is more than 1,500 people, the minimum site area shall be 10 acres.

ii. If the expected peak attendance is less than 1,500 people, the minimum site area shall be three acres.

B. All events and structures shall be set back a minimum of 30 feet from public and nonresidential districts and uses and 75 feet from residential or mixed-use districts or uses;

C. Temporary structures shall comply with the height restrictions of the district in which the structure is proposed to be located; and

D. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the district in which it is proposed to be located are allowed, provided they are set back from all property lines a distance of two feet for every one foot in structure or inflatable height.

4. Outdoor dining.

A. A decorative wall, fence, or other similar barrier that is a minimum of three feet in height, shall be provided and maintained between an outdoor dining area and a right-of-way. In the Mixed-Use districts, the barrier shall be designed to permit access from the building to the adjacent public right-of-way.

B. Outdoor waste and recycling receptacles for customers shall be provided, conveniently located, regularly serviced, and maintained.

C. In the Mixed-Use districts, outdoor dining may encroach into a public right-of-way upon approval of a Sidewalk Use License.

5. Portable-on-demand (POD) storage unit/container.

A. The unit shall be on the same property as the use requiring the service of the unit or container;

B. The unit shall not encroach into setbacks or sidewalks; and

C. The unit shall be located on an all-weather surface.

6. Temporary construction or field sales office.

A. The structure shall only be located on the lot or parcel proposed for development, and shall be set back a minimum of five feet from all property lines;

B. The structure shall not be used as a residence and shall be removed prior to issuance of a Certificate of Occupancy for the final building in the project; and

C. The use shall be removed immediately upon project completion.

(Ordinance 2023-O0054 adopted 5/9/2023)

§ 39.02.022 Special exceptions.

a. A special exception may be granted when the Zoning Board of Adjustment finds that the granting of the special exception:

1. Will not be injurious or otherwise detrimental to the public health, safety, morals, and general welfare of the general public; and

2. Will not be substantially or permanently injurious to the property or improvements in such zone or neighborhood in which the property is located; and

3. Will be in harmony with the general purpose and intent of the Unified Development Code.

b. The Zoning Board of Adjustment may, after public notice and hearing, authorize special exceptions to the Unified Development Code as follows:

1. The maximum number of days for Temporary Uses, allowed and as set forth in Table 39.02.021-1, may be increased for a different duration that does not exceed sixty (60) calendar days. This exception DOES NOT allow a change in the maximum number of events permitted on a single site in a calendar year.

2. The designation of the front lot line for development of a property, may be changed from the definition set out in Section 39.10.002. This exception DOES NOT change the definition and approval is only applicable to the property for which the exception is requested.

(Ordinance 2025-O0095 adopted 8/18/2025)