The purpose of this Article is to articulate the City's development review procedures.
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
Generally.
This Article applies to the use and development of land and all development activity that requires a recommendation and/or final decision from an administrative body denoted in Article 39.06, Administrative and Legislative Bodies.
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
Pre-application meeting.
Potential applicants are encouraged to meet with City staff prior to submittal of subdivision plats, Grading Plans, and applications that require a legislative final decision. A meeting with the County Public Works Director is suggested for extraterritorial jurisdiction plats, as County development standards may differ from the City standards in this UDC.
b.
Applications submittal.
Table 39.07.003-1, Review Steps, denotes the steps that each type of development application must undergo in order to complete the application review process.
Table 39.07.003-1 Review Steps | |||||
|---|---|---|---|---|---|
• = Common Review Procedure Required | — = Common Review Procedure Not Required | |||||
Subdivision | |||||
Common Review Procedures (§ Reference) | Administrative | Legislative | Quasi-Judicial | Replat | All Other |
Application Submittal (§ 39.07.003) | • | • | • | • | • |
Application Completeness Review (§ 39.07.004) | • | • | • | • | • |
Staff Review and Distribution (§ 39.07.005) | • | • | • | • | • |
Common Decision Criteria (§ 39.07.006) | • | • | • | • | • |
Public Notice (§ 39.07.007) | — | • | • | • | — |
Public Meetings and Hearings (§ 39.07.008) | — | • | • | • | • |
Post-Approval Provisions (§ 39.07.009) | • | • | • | • | • |
— | • | • | • | • | |
Inactive and Expired Applications (§ 39.07.011) | • | • | • | • | • |
c.
Forms and fees.
Every development application required by this UDC shall be submitted in a format and in numbers established in the City's Development Guidebook and shall include the corresponding application fee that is established by the City Council.
d.
Authorization to initiate an application.
Table 39.07.003-2, Application Authorization, denotes those who are authorized to initiate each of the application types.
Table 39.07.003-2 Application Authorization | |||
|---|---|---|---|
♦ Entity may initiate an application | |||
Application Type | City Council, Planning and Zoning Commission, or Director of Planning, or designee | Property Owner (Including His or Her Agent) | Party Aggrieved by an Administrative Decision |
Administrative Applications | ♦ | ||
Legislative Applications | ♦ | ♦ | |
Appeals of Administrative Decisions | ♦ | ||
All Other Quasi-Judicial Applications | ♦ | ||
Subdivision Applications | ♦ | ♦ | |
e.
Refunds.
Fees for a denied, expired, voided, or revoked application are not refundable.
f.
Deadlines.
The Director of Planning may establish application submittal deadlines.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
a.
All applications.
Table 39.07.003-1, Review Steps, denotes that all development applications are required to undergo completeness review.
b.
Director of Planning responsibility.
The Director of Planning shall review all development application submittals for completeness.
c.
Meaning of complete submittal.
The Director of Planning shall deem complete an application that contains:
d.
Notification to applicant.
If and when the application is deemed complete, the Director of Planning shall notify the applicant in writing.
e.
Timeline for review.
The completeness review required in Subsection b., Director of Planning Responsibility, above, shall be accomplished no later than five business days after an applicant submits a potential application.
f.
Plat filing.
A Final Plat, Preliminary Plat, or Replat is considered "filed" when the Director of Planning deems it complete in accordance with Subsection c., Meaning of Complete Submittal.
1.
Timing. Plats shall be reviewed within 30 days after the date the plat is "filed."
2.
Final decision. Plats shall be approved, conditionally approved, or disapproved within the timeframe established in Chapter 212 of the Texas Local Government Code, unless the applicant requests an extension not to exceed 30 days in accordance with Texas Local Government Code § 212.009(b-2), and the Director of Planning approves the request in writing.
g.
Incomplete applications.
1.
Director of Planning duties. If the Director of Planning determines that a submittal is not complete, the Director of Planning shall:
2.
Rejection. If the missing or incomplete items are not submitted within the 45-day period, then the Director of Planning shall deem the application rejected, shall not accept the application for filing, and shall make the submittal available to the applicant for retrieval. After the Director of Planning rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
3.
Not considered submitted. Incomplete or rejected applications are not considered "submitted" or "filed" for the purposes of Texas Local Government Code Chapter 212, Chapter 245, or for any other purpose. Complete applications are considered submitted on the date that the Director of Planning deems them complete.
4.
Submittal of corrections. Corrected and submitted applications are not considered complete and submitted until all of the missing or incomplete items have been provided to the City and/or corrected and provided to the City as set forth in the notice from the Director of Planning, or designee, by or before the deadline stated in the notice.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2024-O0110 adopted 8/27/2024)
a.
Applications requiring staff review and distribution.
Table 39.07.003-1, Review Steps, denotes that all development applications are required to undergo staff review and distribution.
b.
Final decision or distribution.
After completeness determination, the appropriate administrative body shall, according to the review responsibilities of Section 39.07.012, Development Review Summary Table:
1.
Review and comment. Review the Administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this UDC and other adopted requirements and standards;
2.
Review and decide. Review and make a final decision on the Administrative application; or
3.
Distribute. Distribute the Legislative, Quasi-Judicial, or Subdivision application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.
c.
Required revisions.
1.
Comments. During application review, the appropriate administrative body may provide comments from the Development Review Committee to the applicant. The applicant shall revise and resubmit the application with requested changes.
2.
Resubmittal. Upon receipt of the resubmittal, the Director of Planning may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments or require the agency's technical expertise for appropriate review.
d.
Administrative recommendation or decision.
Promptly after submittal of a complete application that addresses the comments provided pursuant to Subsection c., Required Revisions, above (or, after finding that no revisions are required):
1.
Administrative applications. If the application is for a review procedure addressed in Division 7.2 Administrative Review Procedures, then the City staff member denoted in Table 39.07.012-1, Development Review Summary, shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in Section 39.07.009, Post-Approval Provisions.
2.
Legislative, quasi-judicial, and subdivision applications. If, according to Table 39.07.012-1, Development Review Summary, the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff member shall forward a recommendation to the next administrative body in the review process who will consider it for further recommendation or final decision.
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
Generally.
In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable review bodies shall consider the decision criteria denoted in Table 39.07.006-1, Decision Criteria Applicability. Additional decision criteria may apply and are enumerated in the specific review procedures of this Article.
b.
Exclusions.
The "All Applications" and the "Quasi-Judicial Applications" columns in the table below exclude Appeals of Administrative Decisions.
Table 39.07.006-1 Decision Criteria Applicability | ||||
|---|---|---|---|---|
♦ = Decision criteria applies | ||||
Decision Criteria | All Applications | Legislative Applications | Quasi-Judicial Applications | Subdivision Review Applications |
The request complies with the applicable standards of this UDC, the City of Lubbock Code of Ordinances, Engineering Minimum Design Standards and Specifications, Drainage Criteria Manual, and any applicable county, state, or federal requirements. | ♦ | |||
The request conforms to any prior approval for the development, including, but not limited to, a Specific Use Permit, Preliminary Plat, Master Development Plan, or Site Development Plan. | ♦ | |||
The request is consistent with the Comprehensive Plan, including the Future Land Use Map, applicable utility plans, the current City of Lubbock Master Thoroughfare Plan, Master Drainage Plan, and capital improvements plans; or, if it addresses a topic that is not contained or not fully developed in these documents, the request does not impair their implementation. | ♦ | |||
♦ | ||||
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided. | ♦ | ♦ | ♦ | |
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area. | ♦ | ♦ | ||
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
TLGC reference.
Public notice of any development review request shall be in accordance with Texas Local Government Code Chapters 211 and 212, with the exception that when written notice of a public hearing is required to be sent to each owner within 200 feet of the property on which the change is proposed, written notice must instead be sent to each owner within 400 feet of the property on which the change is proposed.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
a.
Applications requiring a public meeting or hearing.
Table 39.07.003-1, Review Steps, denotes the development applications that require a public meeting or hearing.
b.
Generally.
All public meetings and hearings shall be open to the public except as otherwise provided in Texas Government Code Chapter 551, Open Meetings. Not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a "public meeting" or "public hearing."
c.
Public meetings.
Public Meeting Required. Any decision of a legislative or quasi-judicial body that does not require a public hearing requires a recommendation and/or final decision to be made at a public meeting.
d.
Attendance by applicant at public hearing.
An applicant or representative is required to attend the public meeting or hearing at which the subject application is to be considered. Failure on the part of the applicant or representative to appear at a properly noticed public meeting or hearing may constitute grounds for a continuance.
e.
Decisions.
All official decision actions shall require the affirmative vote of the number of members as specified in the City Charter and City of Lubbock Code of Ordinances.
f.
Continuing review process.
Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in Section 39.07.009, Post-Approval Provisions.
g.
Successive applications.
The Director of Planning shall not accept any application that was recommended for denial by the Planning and Zoning Commission and denied by the City Council 12 months prior if the Director determines there have been no substantive changes in circumstances related to an application or no substantive changes to the application submittal itself.
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
Requests subject to post-approval provisions.
Table 39.07.003-1, Review Steps, denotes the development requests that are subject to post-approval provisions.
b.
Modification of an approved application.
Except as provided in Subsection d. [Section 39.07.028c.1.F], Correction of Errors in Approved but Unrecorded Plats, below, modifications to approved applications or requests shall be done in accordance with Section 39.07.028, Minor Modification of an Approved Application, or, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.
d.
Approvals run with land.
Permits or approvals authorizing a particular land use or structure shall run with the land and transfer with the subsequent ownership of the land and structures.
e.
Recordation of plat.
1.
Submittals for recording. The applicant shall provide the following to the Director of Planning after approval of a Minor or Amending Plat, Conveyance Plat, Final Plat, or Replat, where applicable:
A.
Tax certificate(s) from the Lubbock Central Appraisal District stating that no taxes are delinquent against the property; and
B.
Three durable copies of the plat, reproducible true to industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, the dimension of the plat sheet may not exceed 24 inches by 36 inches.
2.
Recording. Within 10 days of receipt and approval of the above documents, the Director of Planning shall record the approved plat with the Lubbock County Clerk. After the plat has been recorded, the Director of Planning shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Lubbock County filing number. The recording date is the date that will be used in the determination of impact fees.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023)
a.
Generally.
Applicants shall diligently pursue completion of development projects. Accordingly, this Section voids unapproved applications that become stale due to inaction by the applicant.
b.
Voiding of expired applications.
1.
Expiration. A development application expires on or after the 45th day after the date the application is submitted if:
A.
The applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the application;
B.
The Director of Planning provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and
C.
The applicant fails to provide the specified documents or other information within the time provided in the notice.
2.
Status.
A.
Written approvals issued by the Director of Planning shall include an expiration date, if any, or an affirmation that the approval does not expire.
B.
Other than the 10-day notification required in Subsection b.1, Expiration, above, the Director of Planning shall not be required to track the status of applications for purposes of notifying applicants of a pending status of "expired."
(Ordinance 2023-O0054 adopted 5/9/2023)
a.
Generally.
Table 39.07.012-1, Development Review Summary, summarizes the procedures, agencies, and public bodies involved in the development proposal process. Detailed information about applications and processes is outlined further in this Article.
b.
Table instructions.
1.
Expiration. The days in the "Expiration" column in the table below are measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration, or does not diligently pursue completion of the project or the subsequent required approval. See Section 39.07.011, Inactive and Expired Applications.
2.
Appeals. Refer to Section 39.07.010, Appeals, for additional details on the "Appeal" column in the table below.
Table 39.07.012-1 Development Review Summary | ||||||
|---|---|---|---|---|---|---|
PZC=Planning and Zoning Commission | CC = City Council | ZBA = Zoning Board of Adjustment | UDHPC = Urban Design and Historic Preservation Commission | DRC = Development Review Committee | SUP = Specific Use Permit | COA = Certificate of Appropriateness | ||||||
Review Responsibilities | ||||||
Development Application (Reference) | Submittal Timing | Expiration | Recommendation | Final Decision | Appeal | Applicable Standards |
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this UDC. | ||||||
Prior to a Building Permit for new development, redevelopment, or substantial improvement or expansion of development | 2 years | Article 39.03 | ||||
Prior to subdividing or selling land without plans for its immediate development. | 2 years; None after recordation | Director of Planning | — | |||
Minor or Amending Plat (§ 39.07.015) | Prior to developing a minor subdivision or making a minor modification to a recorded plat | Director of Planning | Article 39.04 | |||
Construction Plans (§ 39.07.016) | Prior to site construction | 2 years | ||||
Use Verification (§ 39.07.017) | Prior to the establishment of a limited or specific use or a use involving alcohol sales | Director of Planning | ||||
Prior to other earthwork activities in a Playa Lake Area. | Division 5.3 | |||||
Grading Plan (§ 39.07.019) | Prior to earthwork activities within area subject to any requirement for this type of cut/fill approval | — | ||||
— | ||||||
Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM) | Floodplain Administrator | Article 39.05 | ||||
Driveway Permit (§ 39.07.022) | Prior to the construction of a driveway approach | |||||
On-Site Wastewater Facility Permit (§ 39.07.023) | Prior to land disturbing activities | Division 4.2 | ||||
Director of Planning | Division 3.5 | |||||
Temporary Use Permit (§ 39.07.025) | Prior to the operation of any temporary structure or use | Director of Planning | ||||
Certificate of Occupancy (§ 39.07.026) | Upon completion of construction or before a change in occupancy | None | Director of Planning | Building Official & Fire Marshal | — | |
Written Interpretation (§ 39.07.027) | None | Director of Planning | — | |||
Minor Modification of an Approved Application (§ 39.07.028) | In order to make a limited modification to a legislative or quasi-judicial application that has already been approved but that has not received a Certificate of Occupancy | Same as the application being modified | Administrative body that made the initial approval | — | ||
Prior to the establishment of a short-term rental use | None | Director of Planning | ||||
LEGISLATIVE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed administrative bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare, including the City's fiscal well-being. Such final decisions are characterized by the exercise of board discretion. | ||||||
Zone Change (§ 39.07.032) | Prior to establishing or expanding a use or residential density prohibited in the current zoning district | None | 1st: DRC 2nd: Director of Planning 3rd: PZC | CC | — | |
Specific Use Permit (§ 39.07.033) | Prior to construction and permitting of any land use that is designated as a specific use | 30 months if use is not established and/or Building Permit issued | 1st: DRC 2nd: Director of Planning 3rd: PZC | CC | Court of Competent Jurisdiction | Article 39.02 |
Master Development Plan (§ 39.07.034) | 2 years | 1st: DRC 2nd: Director of Planning | Article 39.03 | |||
Certificate of Appropriateness (§ 39.07.035) | Prior to demolishing, altering, or reconstructing any contributing building within an HPO, Historic Preservation Overlay district | Director of Planning | Article 39.03 | |||
Planned Unit Development (§ 39.07.036) | Prior to establishing a Planned Unit Development (PUD) | 30 months after final approval of each phase | 1st: DRC 2nd: Director of Planning 3rd: PZC Detail Plan: none | Concept Plan: CC Detail Plan: Director of Planning | Court of Competent Jurisdiction | |
QUASI-JUDICIAL APPLICATIONS: Require final decisions that establish the way design or development will occur on specific sites in manners that either vary from the standards of this UDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion. | ||||||
None | Director of Planning | Court of Competent Jurisdiction | Article 39.03 | |||
Prior to or concurrent with submittal of a Floodplain Development Permit | Floodplain Administrator | Article 39.05 | ||||
Within 30 days after a final decision by the Director of Planning, Building Inspector, or City Engineer on a matter addressed in this UDC | — | |||||
Special Exception (§ 39.02.022) | Prior to or concurrent with submittal of a Site Development Plan or Building Permit | Director of Planning | Article 39.03 | |||
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this UDC and on technical requirements of various City departments, local and state agencies, and utilities. | ||||||
Prior to Final Plat submittal | 2 years; See § 39.07.041 for renewal of a multi-phase Preliminary Plat as each phase receives Final Plat approval | 1st: DRC | Director of Planning | Article 39.04 | ||
Final Plat (§ 39.07.041) | Following approval of a Preliminary Plat and receipt of final drainage plan per § 39.04.021 | 2 years; None after recordation | Director of Planning | |||
Prior to changing the number of lots on a recorded plat | 1st: DRC | Director of Planning | ||||
Vacating Plat (§ 39.07.043) | Prior to removing the force of a recorded plat covering a property or properties | Administrative body that approved the original Minor, Amending, Replat, or Final Plat | — | |||
Waiver of Improvements (§ 39.07.044) | When associated plat expires | CC | ||||
Delay of Improvements (§ 39.07.045) | ||||||
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2023-O0132 adopted 10/10/2023; Ordinance 2025-O0095 adopted 8/18/2025)