A smoke shop in Lubbock. Staff photo.
Zoning cases for new smoke shops put James Bell, the chairman of Lubbock’s Planning and Zoning Commission (P&Z), in a bad spot.
That might change soon if another batch of changes to the city’s Uniform Development Code (UDC) are approved.
People complain to the P&Z when they don’t want a new smoke shop in the area.
“‘This is a bad influence,’ and ‘It’s a bad deal,’” Bell quoted other people saying, “which is all good. I respect everybody’s opinion. … We can’t say ‘Yeah, we agree with you.’”
If a new smoke shop meets all the zoning requirements, the commission must approve it. In one case, Bell said P&Z was asked to reject a smoke shop where people said students would pass by on their way to school.
“It makes it real political,” Bell said.
If the current proposal passes, which we explain in more detail below, it will take the pressure off the P&Z by making smoke shops apply for a “limited use” permit.
“It’s gonna make the city staff make the call more than the P&Z and the City Council,” Bell said.
LubbockLights.com reached out to a few smoke shops last week. We did not hear back before this article was published.
More changes to UDC
The city is proposing 56 changes to the Uniform Development Code (UDC) – above and beyond last year’s 76 changes LubbockLights.com covered here. The new changes are subject to a joint public hearing of the City Council and the commission on May 22.
Highlights of UDC changes:
- Newly annexed property automatically starts off as residential.
- New smoke shops would go through a different approval process.
- No more manufactured home subdivisions.
- Manufactured home parks are still allowed but must be at least 10 acres.
- Wings or extensions to homes (meeting certain criteria) can be within 5 feet of the rear property line or within 18 inches of a paved alley.
Click here to see the official notifications from the city and read the proposed changes.
Proposals 2-6 relax the rear setback requirements for new homes in five different residential zones. If approved, a wing or addition to a home can be within five feet of the back of the property. (There are detailed restrictions on when this can be done.) The current rear setback is up to 30 feet – depending on details. Or, under these proposals, if there’s a paved alley, the wing or addition of the home can be within 18 inches.
Kristen Sager, director of planning, said the smaller setback was in the former code before Lubbock switched to the UDC in October 2023.
“We didn’t think it was necessary. But now, after implementation and getting feedback from home builders who are … the ones designing the plans and building the homes on the ground, they said, ‘Hey, this is something we really need,’” Sager said.
Is 18 inches too cozy for a residential rear setback?
“You have that 20-foot alley separation. We don’t see any potential issues,” Sager said.
She also sees no problem with eliminating the manufactured home subdivision.
“In my time here, I don’t know if I’ve ever seen a request for one. It’s not something people use,” Sager said.
For a manufactured home park, the city dropped the requirement for 10 acres or more when adopting the UDC. The proposal is to put that back.
Newly annexed areas of town will start automatically as “SF-2” or Low-Density Single Family. That will save developers a little time in some cases. But anyone who wants a different zone can start the process before the annexation is done.
Currently, a new annex starts off as a transition zone, which already limits new construction to single family homes until the land is rezoned.
Smoke shops
If the UDC changes are approved, a new smoke shop or tobacco store would go from “specific use” (which is a permanent zoning change the property) to “limited use” which applies to a specific business, not the property. “Limited use” is much easier to take back if the business stops or relocates.
In most cases, it would take the commission out of the process – requiring the owner of a new smoke shop to apply for city permit instead of a zoning change.
The permit keeps all the same requirements as the current regulations.
A new smoke shop must be at least 1,000 feet from another smoke shop. It must also be at least 600 feet from:
- Public or private elementary or secondary schools
- City parks
- Childcare or day care centers
- Adult care centers
- Hospitals
- Places of worship
“Since we are removing the requirement for approval of a ‘Specific Use,’ we are adding the requirement that smoke shops obtain a permit,” Sager said.
“We will discuss with [P&Z] and City Council whether they want the permit to be a one-time requirement when a new smoke shop opens, or if they want it to be a permit that is renewed annually,” Sager said.
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