a. 
Generally.
In addition to the required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following procedures shall apply to Site Development Plans.
b. 
Purpose.
The purpose of a Site Development Plan is to ensure that developments comply with all applicable City ordinances, development, and design standards of this UDC, federal and state law. It shall also comply with an approved Master Development Plan or Specific Use Permit for the subject property, if applicable.
c. 
Exemptions.
The following activities shall not require a Site Development Plan:
1. 
Residential. Construction of single-family detached or duplex residences; and
2. 
Emergencies. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
d. 
Applicability.
Prior to the development of any use not exempted above, a Site Development Plan shall be reviewed in accordance with this Section.
e. 
General requirements.
All improvements reflected on approved site plans shall be constructed at the time of development. All terms and conditions of site plan approval shall be met at the time of development unless otherwise provided for in this UDC. Refer to Section 39.03.019, Installation and Maintenance, for permitted seasonal delays in landscaping installation.
f. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Site Development Plan, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria.
2. 
Affirmative findings. In order to approve a Site Development Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Conveyance Plats.
b. 
Purpose.
A Conveyance Plat allows the recording of a subdivision without requiring the construction or design of public improvements or collection of impact fees. Easements, dedications, and reservations may be recorded on a Conveyance Plat.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Conveyance Plat, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
The Conveyance Plat includes sufficient information to describe the boundaries of the proposed subdivision, any existing platted lots within the proposed subdivision and surrounding property.
B. 
The Conveyance Plat includes the following certification: "This plat is recorded for land conveyance purposes only. No building permit shall be issued nor public utility service provided based on this Conveyance Plat without express written consent of the City Engineer."
2. 
Affirmative findings. In order to approve a Conveyance Plat, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
No replat required.
If and when a property subject to an approved Conveyance Plat is proposed to be platted in preparation for development, a Replat shall not be required. The property shall be required to undergo the Minor Plat or Preliminary Plat process, as applicable.
e. 
No building permit.
No Building Permit shall be issued nor public utility service provided for land that has only received approval as a Conveyance Plat.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Minor or Amending Plats.
b. 
Purpose.
1. 
Minor plat. The purpose of a Minor Plat is to allow for the administrative approval of the subdivision of property into four or fewer lots if the subject property fronts on an existing public street with no need to dedicate new public right-of-way or extend public utilities.
2. 
Amending plat. An Amending Plat is any plat meeting the definition in Texas Local Government Code (TLGC) Section 212.016.
c. 
Applicant responsibilities.
Applicant responsibilities shall be the same as those for a Final Plat. Refer to Section 39.07.041e, Applicant Responsibilities.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Minor or Amending Plat, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
Number of lots. The Minor Plat is proposed for the creation of four or fewer lots.
B. 
Existing street. Each lot in the Minor Plat has frontage on an existing public street without the need for the creation or extension of a new public street.
C. 
Existing utilities. Existing public utilities of adequate capacity serve the entirety of the subject property in the Minor Plat without the need for an extension.
D. 
TLGC reference. The purpose of the Amending Plat is solely one or more of those listed in TLGC section 212.016.
2. 
Affirmative findings. In order to approve a Minor or Amending Plat, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Construction Plans.
b. 
Purpose.
The purpose of Construction Plans is to provide for the review of detailed engineering drawings for all municipal improvements required to serve the development. Construction Plans and specifications shall be submitted to the City Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other public improvements that are required or proposed to be constructed, reconstructed, improved, or modified to serve a proposed development.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny Construction Plans, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and conform to the City's Engineering Minimum Design Standards and Specifications.
2. 
Affirmative findings. In order to approve Construction Plans, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
Responsibility of applicant's engineer.
The applicant's engineer of record certifying the Construction Plans is responsible for the accuracy, completeness, and conformance to City requirements of the documents submitted for review and actual construction. City review is limited to facts as presented on submitted Construction Plans and the City has no project engineering responsibility. The City reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted Construction Plans.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Use Verification.
b. 
Purpose.
The Use Verification procedure provides a mechanism for the Director of Planning to evaluate new uses or changes in use of any building, structure, or land to ensure compliance with applicable standards of this UDC. A Use Verification may also be obtained by a property owner to demonstrate the existence of a nonconformity subject to Article 39.08, Nonconformities.
c. 
Applicability.
A Use Verification shall be required prior to establishing a Limited Use or a use that requires a Specific Use Permit. Temporary uses and structures approved in accordance with Section 39.02.021, Temporary Uses and Structure Standards, shall be exempt from Use Verification compliance.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny Use Verification, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and whether the request conforms to the standards set out in Division 2.4, Land Use Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2. 
Affirmative findings. In order to approve a Use Verification, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Playa Lake Areas Cut and Fill Plans.
b. 
Purpose.
The Playa Lake Area Cut and Fill Plan procedure provides a mechanism for the City Engineer to allow earth-moving activities and reclamation of developable areas within the regulatory boundaries of playas.
c. 
Applicability.
1. 
Generally. Property owners wishing to modify Playa Lake Areas on lot or tract greater than 0.25 acres in area shall submit a Lake Area Cut and Fill Plan prepared by an engineer according to the procedures of this Section. A Lake Area Cut and Fill Plan shall be submitted along with the Preliminary Plat for applicable developments. If a Preliminary Plat is not required, it shall be submitted along with the Stormwater Pollution Prevention Plan. Refer to Section 39.07.019, Grading Plan for excavation and fills proposed for outside of lake areas.
2. 
Agricultural exception. A Cut and Fill Plan Outside of Playa Lake Areas is not required for a permitted or nonconforming agricultural use or activity, including planting and seeding.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Playa Lake Area Cut and Fill Plan, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and whether the request conforms to the standards set out in Division 2.4, Land Use Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2. 
Technical criteria. All fill activity shall be subject to the following requirements that shall be stated on the face of the cut and fill plan:
A. 
Testing shall be performed by a commercial testing laboratory in accordance with American Society for Testing Materials (ASTM) standards.
B. 
All fill materials shall be compacted to 95 percent standard Proctor density in accordance with ASTM D-698.
C. 
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method), or ASTM D-2922 (nuclear density method).
D. 
Four field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two field densities for each six-inch depth, and areas of fill material between one-half acre and one acre shall have a minimum of three field densities for each six-inch depth.
E. 
Each lift shall have a maximum compacted depth of six inches.
F. 
The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximately equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.
G. 
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.
H. 
Copies of all test results with location maps shall be furnished to the City Engineer with the certified recorded drawings of the cut and fill plan.
I. 
Fill material with a plasticity index (PI) of greater than 20 will not be allowed in any public right-of-way. The substandard material shall be discarded at a location above the predicted peak water elevation of the Playa Lake and select fill material shall be imported to the site for placement within the public right-of-way.
3. 
Top slope setback. The top of the slope of any excavation shall be a minimum of 10 feet from any adjacent property line or existing or anticipated street or alley right-of-way line unless otherwise approved in the Playa Lake Area Cut and Fill Plan.
4. 
Adjacent property. The natural flow of surface waters shall not be diverted or impounded in a manner that damages adjacent property.
e. 
Procedures.
In the interest of the health, safety, and welfare of the residents of the City, Playa Lake modifications and dedication requirements for lake areas necessary for flood control and preservation of natural drainage shall be as follows:
1. 
Plan submittal.
A. 
Subdividers wishing to modify lake areas must submit a Playa Lake Area Cut and Fill Plan prepared by an engineer according to the procedures detailed below and obtain City Engineer approval for such plan before beginning any modifications.
B. 
The subdivider shall submit an electronic portable document format (.pdf) file of a cut and fill plan meeting the requirements of this UDC to the City Engineer.
2. 
Plan distribution. The City Engineer may distribute the Playa Lake Area Cut and Fill Plan to other City staff for their comments.
3. 
Final action. The action of the City Engineer shall be noted and attached to the electronic copy of the Playa Lake Area Cut and Fill Plan. The electronic copy shall be sent to the person who submitted the Playa Lake Cut and Fill Plan and shall be retained by the City Engineer.
4. 
Submittal requirements. The Playa Lake Area Cut and Fill Plan shall comply with the following and shall clearly illustrate any specific requirements:
A. 
Submit plan sheets at a maximum scale of one inch to 200 feet horizontal scale. Sheet sizes shall be between 11 by 17 and 24 inches by 36 inches unless otherwise approved by the City Engineer. If necessary, the plan may be on several sheets, with a cover sheet containing an index showing the entire subdivision.
B. 
Be titled "Playa Lake Area Cut and Fill Plan — [Subdivision Name and Lots or Tracts and/or Playa Lake Number (if no associated plat]," providing the proper name corresponding to the Final Plat it is accompanying.
C. 
Include the names of the subdivider and the person or firm preparing the plan.
D. 
Include the statements as listed in Subsection f.1., Contents of Plan, of this Section on the face of the Playa Lake Area Cut and Fill Plan.
E. 
Clearly depict the existing one-foot interval contours and the proposed one-foot internal contours and cross-sections on NAVD88 datum unless otherwise approved by the City Engineer.
F. 
Indicate in the notes the benchmarks used to establish vertical control for the plan.
G. 
Include cross-sections at a horizontal and vertical scale that clearly demonstrate the existing land and the proposed results of the cut and fill operation.
H. 
Clearly demonstrate with the contours and cross-sections that the borrow slopes and fill slopes conform to the requirements of the Drainage Criteria Manual.
I. 
Clearly indicate in the notes and on the contours the predicted peak water elevation or overflow elevation of the lake.
J. 
Indicate the acreage of the lake area prior to the cut and fill operation and the acreage and percent of total reclamation upon completion of the proposed activity. If prior cut and fill operations have been performed in the lake, the acreage of the lake area in its natural state shall also be listed as well as the percent of prior reclamation.
K. 
Indicate the volume, in cubic yards, of the total proposed excavation, the volume of embankment material to be placed both below and above the predicted peak water elevation of the lake, and the net volume increase of holding capacity of the playa lake due to the cut and fill operation. All earthwork volumes shall be calculated as "in-place" cubic yards.
L. 
Include adequate notes and legends to clearly depict the differences between existing and proposed conditions with this cut and fill operation.
5. 
Expiration. An approved Playa Lake Area Cut and Fill Plan shall expire after two years of inactivity and a new application shall be required.
f. 
Requirements and verification.
1. 
Contents of plan. All fill activity shall be subject to the following requirements that shall be stated on the face of the Play Lake Area Cut and Fill Plan:
A. 
Testing shall be performed by a commercial testing laboratory in accordance with American Society for Testing Materials (ASTM) standards.
B. 
All fill materials shall be compacted to 95 percent standard Proctor density in accordance with ASTM D-698.
C. 
Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method) or ASTM D-2922 (nuclear density method).
D. 
Four field densities shall be taken per acre of fill material, and densities shall be taken for each six-inch compacted depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two field densities for each six-inch depth, and areas of fill material between one-half acre and one acre shall have a minimum of three field densities for each six-inch depth.
E. 
Each lift shall have a maximum compacted depth of six inches.
F. 
The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative sampling of the total fill may be obtained.
G. 
The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan.
H. 
Copies of all test results with location maps shall be furnished to the City Engineer with the certified as-built cut and fill plan.
I. 
Fill material with a plasticity index (PI) of greater than 20 will not be allowed in any public right-of-way. The substandard material shall be discarded at a location above the predicted peak water elevation of the Playa Lake, and select fill material shall be imported to the site for placement within the public right-of-way.
2. 
Top of slope. The top of the slope of any excavation shall be a minimum of 10 feet from any adjacent property line or existing or anticipated street or alley right-of-way line unless otherwise approved in the Playa Lake Area Cut and Fill Plan.
3. 
Upon completion of any cut and/or fill activity as approved by the City Engineer under this Section, as-built certified drawings shall be provided by an engineer and shall be filed with the City Engineer for review prior to recording of the Final Plat. Upon approval of the City Engineer, the cut and/or fill activity and the as-built certified drawings may be allowed to be completed after the recording of the Final Plat.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Grading Permits.
b. 
Purpose.
The Grading Plan procedure provides a mechanism for the City Engineer to allow any excavations or fills outside of Playa Lake Areas. This application provides the builder clear direction both in properly grading the site and determining the anticipated cut and fill quantities.
c. 
Applicability.
1. 
Generally. A Grading Plan shall be required for all earth work activity on sites greater than 10,890 square feet in area except for those excavations and fills made in the course of construction, such as foundations, basements, or subfloors that are authorized by a Building Permit, or utility excavations and installations. A Grading Plan shall be prepared by an engineer according to the procedures of this Section and shall be submitted along with the Preliminary Plat for applicable developments. If a Preliminary Plat is not required, it shall be submitted along with the Stormwater Pollution Prevention Plan. Refer to Section 39.07.018 for excavation and fills proposed for Playa Lake Areas.
2. 
Agricultural exemption. A Grading Plan is not required for a permitted or nonconforming agricultural use or activity.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Grading Plan, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
The overall drainage pattern of the area;
B. 
Adequate provisions have been made for drainage at the back of lots as well as between lots;
C. 
The natural flow of surface waters is not diverted or impounded in a manner that damages adjacent property; and
D. 
The impact the fill may have on adjacent properties or structures.
2. 
Affirmative findings. In order to approve a Grading Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
e. 
As-builts.
The property owner shall provide as-built certified drawings as required in Section 39.07.018g [Section 39.07.018f], As-Builts.
f. 
Release for early grading.
The City Engineer may issue a Grading Permit for early grading prior to the approval of associated Construction Plans, or the Preliminary Plat being filed under the following conditions:
1. 
Approved SWPPP. An approved Stormwater Pollution Prevention Plan shall be implemented prior to any soil disturbance, including grading, clearing, fill, or removal of concrete in the case of demolition;
2. 
Approved grading plan. An approved Grading Plan, as described in Subsection g. [sic], Grading Plan, below; and
3. 
Grading only. Work is limited to grading activity only.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Building Permits.
b. 
Purpose.
The purpose of a Building Permit is to ensure that applicable structures are built in conformance with this UDC, the approved Site Development Plan, and the Building Regulations set forth in Chapter 28 of the City of Lubbock Code of Ordinances.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Building Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and whether the proposal complies with the City's Building Code.
2. 
Affirmative findings. In order to approve a Building Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
Platting.
Unless an exception to platting is authorized by Section 39.04.002, Applicability, or unless relief is granted in accordance with Section 39.07.044, Waiver of Improvements, or Section 39.07.045, Delay of Improvements, or Section 39.07.046, Parallel Construction Alternative, the Building Official shall not issue a Building Permit, as required by the City's Building Code, for any principal structure unless:
1. 
The subject property is part of a plat recorded with the Lubbock County Clerk;
2. 
The required impact fee has been paid; and
3. 
A notification from the City Engineer has been issued stating:
A. 
Water and wastewater:
i. 
Water and Wastewater infrastructure have been accepted by City for maintenance and the subdivider has submitted accurate as-built drawings of such infrastructure; or
ii. 
A valid letter of credit or bond is on file for the required water and sewer infrastructure if a request for a Parallel Construction Alternative has been granted in accordance with Section 39.07.046, Parallel Construction Alternative; and
B. 
Curb and gutter:
i. 
Curb and gutter have been constructed and completed according to the City's Engineering Minimum Design Standards and Specifications; or
ii. 
A valid letter of credit or bond is on file for the required paving and drainage infrastructure if a request for a Parallel Construction Alternative has been granted in accordance with Section 39.07.046, Parallel Construction Alternative; and
C. 
An all-weather road has been constructed that meets the City's Fire Code; and
D. 
The applicant has provided a letter of credit to the City Engineer in an amount adequate to complete the required paving work, should the applicant fail to do so.
(Ordinance 2023-O0054 adopted 5/9/2023; Ordinance 2024-O0108 adopted 8/27/2024)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Driveway Permits.
b. 
Purpose.
The purpose of a Driveway Permit is to ensure that driveways are designed and installed in conformance with this UDC, the approved Site Development Plan, if applicable, and the City's Engineering Minimum Design Standards and Specifications.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Driveway Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
The proposal complies with the City's Engineering Minimum Design Standards and Specifications; and
B. 
The driveway is not built to block or divert surface water from its intended path.
2. 
Affirmative findings. In order to approve a Driveway Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to On-Site Wastewater Permits.
b. 
Purpose.
The purpose of an On-Site Wastewater Permit is to ensure that such facilities are located and installed in a manner that preserves public health and safety.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny an On-Site Wastewater Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
Economic feasibility. The subject property is greater than 180 feet from the existing wastewater collection system.
B. 
Master plans. The proposal complies with the City's wastewater collection system master plans;
C. 
Environmental factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
D. 
Lot characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site wastewater;
E. 
Impact on surroundings.
i. 
The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal; and
ii. 
The impact on surrounding properties' ability to develop with suitable access to wastewater facilities is minimal.
F. 
Code of ordinances. The development fails to meet applicable standards for public wastewater connections within Chapter 22, Utilities, of the City of Lubbock Code of Ordinances.
G. 
TCEQ and High Plains Water District. The development complies with the requirements of the Texas Commission on Environmental Quality and the High Plains Water District.
2. 
Affirmative findings. In order to approve an On-Site Wastewater Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Applicability.
1. 
Generally. In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following procedures apply to Sign Permits and Master Sign Plans.
2. 
Master sign plans.
A. 
A Master Sign Plan applies only to property that has 500 feet or more of continuous frontage on an expressway or arterial street.
B. 
A Master Sign Plan shall not authorize a sign type specifically prohibited in Division 3.5, Signs.
b. 
Purpose.
The purpose of a Sign Permit is to ensure that a sign is built in conformance with this UDC. A Master Sign Plan, if approved, allows properties more flexibility than allowed in Division 3.5, Signs, if a qualifying property has a plan that meets the requirements below.
c. 
Specific decision criteria.
1. 
Sign permits. In determining whether to approve, approve with conditions, or deny a Sign Permit, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
The sign conforms to the standards set out in Division 3.5, Signs;
B. 
The sign is compliant with any other applicable requirements of the City of Lubbock Code of Ordinances; and
C. 
The sign does not substantially impede the flow of surface water.
2. 
Master sign plan.
A. 
Review and decision.
i. 
The applicant may elect to submit the Master Sign Plan as part of a legislative review procedure subject to Division 7.3, Legislative Review Procedures; in that case:
a. 
The applicant shall submit the Master Sign Plan as part of the application for the Zone Change, Specific Use Permit, or Master Development Plan; and
b. 
The Master Sign Plan shall be approved or conditionally approved as a part of the Zone Change, Specific Use Permit, or Master Development Plan, or denied (whether or not the underlying application is approved).
ii. 
If the Master Sign Plan is not submitted as part of a legislative review procedure, the recommendation and final decision established in Table 39.07.012-1, Development Review Summary, shall apply.
B. 
Criteria. In determining whether to approve, approve with conditions, or deny a Sign Permit, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
i. 
The applicant has provided a complete plan for signs that promotes the purposes of Division 3.5, Signs, to a greater extent than those allowed without the plan;
ii. 
The plan is justified based on project scale and unified nature of the sign package;
iii. 
The plan establishes a harmonious relationship of the signs to buildings within the development as well as to buildingsadjacent to the development, in terms of scale, color, materials, shape, design, and illumination; and
iv. 
The plan indicates how the signs on the property are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation, and other development features of the property and nearby property.
C. 
Requirements. The following increases in sign area apply to signs that are subject to a Master Sign Plan:
i. 
The maximum cumulative sign area for wall signs and projecting signs is increased by 10%. The applicant may distribute the total sign area increase for all wall signs to individual signs in the project, but the increase shall not exceed 40 square feet for any individual sign.
ii. 
For freestanding signs:
a. 
Maximum height may be increased by a maximum of 10 percent; and
b. 
The maximum cumulative sign area may be increased by a maximum of 15 percent. The applicant may distribute the total sign area increase for all freestanding signs to individual signs in the project, but the increase shall not exceed 50 square feet for any individual sign.
D. 
Approval sequence. After a Master Sign Plan is approved, the applicant may apply for Sign Permits consistent with the approved Master Sign Plan and any provisions of Division 3.5, Signs.
3. 
Affirmative findings. In order to approve a Master Sign Plan, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
Emergencies.
In an emergency situation according to the Director of Planning or Building Official, a property owner may initiate work without first applying for a Sign Permit. However, the owner shall apply for a Sign Permit within 24 hours after the first working day. For purposes of this Subsection, an "emergency situation" means a condition where initiation of work on the sign is required to preserve the public peace, property, health, or safety.
e. 
Electrical code.
All illuminated signs shall be subject to the provisions of Article 28.12, Electrical Code, of the City of Lubbock Code of Ordinances.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Temporary Use Permits.
b. 
Purpose.
The purpose of a Temporary Use Permit is to ensure that temporary uses comply with the requirements of this UDC, including Section 39.02.021, Temporary Uses and Structures, and that they do not become permanent uses or structures.
c. 
Unlisted uses.
The Director of Planning may interpret other uses as requiring a Temporary Use Permit based on the provisions in Section 39.02.017, New and Unlisted Uses.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Temporary Use Permit, the review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the use or structure conforms to the standards set out in Section 39.02.021, Temporary Use and Structure Standards, and is compliant with other requirements in the City of Lubbock Code of Ordinances.
2. 
Affirmative findings. In order to approve a Temporary Use Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
e. 
Additional conditions.
The Director of Planning, in coordination with other City staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
1. 
Hours of operation. The modification of or restrictions on hours of operation;
2. 
Clean up. Posting of a performance bond to ensure clean up and removal of signs, equipment, trash, and other similar items; and
3. 
Attendance. Limitations on the attendance of an event.
f. 
Denial.
The Director of Planning may deny a permit if the Director finds the use or its associated structures to be too intense to be safe for the site, neighborhood, street, or infrastructure.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Certificates of Occupancy.
b. 
Purpose.
The purpose of a Certificate of Occupancy is to certify that a completed project adheres to this UDC, the City's Building Code, approval conditions, the Site Development Plan and Building Permit, and all other pertinent City of Lubbock Code of Ordinances. It is unlawful to occupy any building or structure unless the Building Official has issued a full, or temporary, Certificate of Occupancy, as applicable.
c. 
Specific decision criteria.
1. 
Review, decision, and findings. In determining whether to approve, approve with conditions, or deny a Certificate of Occupancy, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project.
2. 
Affirmative findings. In order to issue a Certificate of Occupancy, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
Residential and accessory structures.
Construction associated with single-family detached and duplex dwellings under the scope of the International Residential Code shall be exempt from requirements for a Certificate of Occupancy; however, such buildings shall not be occupied or used until released by the Building Official after approval of all required inspections. Such approval is subject to revocation by the Building Official in the same manner as that for Certificates of Occupancy.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Written Interpretations.
b. 
Purpose.
The purpose of a Written Interpretation is to provide any applicant with an official administrative interpretation of the terms, provisions, or requirements of this UDC if the application of the terms, provisions, or requirements are not obvious.
c. 
Standards for interpretations.
The Director of Planning may base the interpretation on one or more of the following:
1. 
Materials or scenario. The materials or scenario posed by the applicant.
2. 
Word meanings.
A. 
The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage;
B. 
The provisions of Article 39.10, Word Usage; and
C. 
Any technical meanings of words used in the provision and in context with the meaning of the provision.
3. 
Purpose statements. The purpose statement for the UDC Article, Division, Section, or Subsection.
4. 
Law. Any provision of this UDC, state law, or federal law that are related to the same subject matter.
5. 
Other interpretations. Other interpretations rendered by the Director of Planning associated with the same or related provisions of this UDC.
6. 
Legislative history. The legislative history of the provision.
7. 
Other sources. Sources outside of the UDC that provide additional information on the provision in question, such as technical or professional literature.
d. 
No legal advice.
No written interpretation shall be construed as legal advice.
e. 
Final decision.
For purposes of appeal, a Written Interpretation is deemed a final decision. An appeal of a Written Interpretation shall take place in accordance with Section 39.07.039, Appeal of Administrative Decision.
f. 
Recordkeeping.
The Director of Planning shall keep records of interpretations made pursuant to this Section.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Minor Modifications of an Approved Application.
b. 
Purpose.
The purpose of a Minor Modification of an Approved Application is to allow an applicant to make minor changes, as listed in Subsection c., Specific Decision Criteria, below, to an approved application that has not yet received a Certificate of Occupancy, without requiring the application to go through the entire review process again.
c. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Minor Modification of an Approved Application, the City staff shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following, as applicable:
A. 
Gross floor area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure.
B. 
Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
C. 
Position. A shift in the position of a structure is of less than 10 feet and violates neither a required building setback nor a Building Code provision.
D. 
Density. The overall density of the project does not increase by more than 10 percent as a result of a change in the GFA, height, or position.
E. 
Condition of approval. The proposal does not violate a condition of approval for the original application, or a provision of the City of Lubbock Code of Ordinances.
F. 
Correction of errors in approved but unrecorded plats.
i. 
Director of Planning review and approval. An approved but unrecorded Final Plat, Minor Plat, or Replat that the Director of Planning finds to contain an insignificant error, including, but not limited to, scrivener's errors or typographical errors, may be corrected by the applicant.
ii. 
DRC review and Director of Planning approval. The Director of Planning may approve other corrections, including, but not limited to, the addition, deletion, or relocation of easements, the minor reconfiguration of streets, after review by the Development Review Committee.
iii. 
Amendment to construction plans. Construction Plans related to any changes to an approved but unrecorded Plat shall be updated to the satisfaction of the City Engineer to reflect the change.
iv. 
Amending plat. Any correction of a recorded plat shall be in accordance with Section 39.07.015, Minor or Amending Plat.
2. 
Affirmative findings. In order to issue a Minor Modification of an Approved Application, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
d. 
Other modifications.
All other modifications that do not meet the Specific Decision Criteria in Subsection c., above, shall require submittal of a new application.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Short-Term Rental Permits.
b. 
Purpose.
The purpose of a Short-Term Rental Permit is to ensure that short-term rental uses comply with the requirements of the City of Lubbock Code of Ordinances and this UDC in order to retain their overall residential character.
c. 
Applicability.
A Short-Term Rental Permit is required before establishing any short-term rental use or structure. It is unlawful for an owner, operator, or agent to operate a Short-Term Rental without a permit.
d. 
Requirements.
The following requirements apply to Short-term Rental Permits.
1. 
A $100 annually renewable fee pursuant to Section 1.03.004 of the City of Lubbock Code of Ordinances.
2. 
A permit is non-transferable, nor does it convey with the property upon sale.
e. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Short Term Rental Permit, the review body shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria.
2. 
Affirmative findings. In order to approve a Short-Term Rental Permit, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
f. 
Notice of denial or revocation.
1. 
Permit denial. The Director of Planning may determine that a permit required under this Section should be denied or revoked for the reasons set forth below. The Director of Planning shall provide written notice of the denial or revocation of a permit to the applicant, detailing the reason for the denial or revocation of the permit, and a statement informing the applicant of their right to appeal the denial or revocation of the permit to the Permit and License Appeals Board, in the manner set out in Article 2.03 of the City of Lubbock Code of Ordinances.
A. 
The application contains any incomplete, inaccurate, misleading, or false statements; or
B. 
The applicant has not complied with the standards in Section 39.02.018c.6., Short-Term Rental, or has had a history of noncompliance with the provisions of such Subsection.
2. 
Permit revocation. The City may revoke a permit due to the applicant's failure to comply with permit requirements, this UDC, or any applicable federal, state, or local law or regulation.
g. 
Hotel occupancy tax payment required.
An owner, operator, or agent operating a short-term rental must:
1. 
Occupancy tax. Assess and collect the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code and Article 6 [Chapter 18] of the City of Lubbock Code of Ordinances; and
2. 
Remittance. Timely remit to the City of Lubbock accounting department, or designee, all City hotel occupancy taxes collected pursuant to state law.
(Ordinance 2023-O0054 adopted 5/9/2023)