Zoning Law Issues

State of Texas

I live in Lubbock, Tx where there is a city ordinance that places many residential areas in single family zones. The Lubbock code of ordinances defines family as - One or more persons related by blood, adoption or marriage, or not more than two (2) unrelated persons living and cooking together as a single housekeeping unit. Because of this law, people who live in a house with more than 2 unrelated people are subject to a fine or being forced to relocate. Lubbock is a college town with many students so this is problematic for students who live with multiple roommates. This law seems unreasonably strict and unfair. I know the state of Texas found that laws restricting cohabitation by unmarried couples to be unconstitutional, but what about this law? Is there any precedent for this law? What do we do to get this law changed? Any feedback would be greatly appreciated.

lfloyd3 said:

State of Texas

I live in Lubbock, Tx where there is a city ordinance that places many residential areas in single family zones. The Lubbock code of ordinances defines family as - One or more persons related by blood, adoption or marriage, or not more than two (2) unrelated persons living and cooking together as a single housekeeping unit. Because of this law, people who live in a house with more than 2 unrelated people are subject to a fine or being forced to relocate. Lubbock is a college town with many students so this is problematic for students who live with multiple roommates. This law seems unreasonably strict and unfair. I know the state of Texas found that laws restricting cohabitation by unmarried couples to be unconstitutional, but what about this law? Is there any precedent for this law? What do we do to get this law changed? Any feedback would be greatly appreciated.

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**A: state your exact situation.

Don't Think So.

I highly doubt this exists. It is illegal and infringes on basic real estate law principles. If it does please cite this law and your source specifically.

Believe it

DAD10 said:

I highly doubt this exists. It is illegal and infringes on basic real estate law principles. If it does please cite this law and your source specifically.

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Here is the city ordinance copied from the city website:

Franklin Legal Publishing

Sec. 29-7. "R-1" Single-Family District.

(a) Purpose. The purpose of this district is to promote orderly and proper development of single-family residential units; to protect established and future single-family residential developments from inharmonious and harmful land uses; and to provide a "quality environment" for the residents of the district and city.

(b) General provisions.

(1) Single-family dwelling units constructed in any zoning district shall comply with the regulations of the "R-1" District.

(2) No business shall be permitted in this district except as provided for in this section and in the "specific use" section of this ordinance [chapter].

(3) No use shall otherwise be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.



And this this the definition of "family" used in the code of ordinances.

(45) Family: One or more persons related by blood, adoption or marriage, or not more than two (2) unrelated persons living and cooking together as a single housekeeping unit.

That particular zoning restriction is not at all unusual and I don't know of any where it would be considered illegal.

It is somewhat typical although I see nothing about fines, enforcement of people living in the dwelling, or being forced to relocate; as that is illegal. OP has post zoning regulations. I am still waiting for the fines and relocation enforcement and the source-as I doubt it exists. If it does exist it would be illegal. Still waiting......

Yes it appears unsettled.

Family Food Network Time

(45) Family: One or more persons related by blood, adoption or marriage, or not more than two (2) unrelated persons living and cooking together as a single housekeeping unit.[/QUOTE]

This is funny; I doubt the police would answer a call to a family w/friends BBQ-

DAD10 said:

(45) Family: One or more persons related by blood, adoption or marriage, or not more than two (2) unrelated persons living and cooking together as a single housekeeping unit.

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This is funny; I doubt the police would answer a call to a family w/friends BBQ-[/QUOTE]

**A: would there be extra beer and ribs for the cops?

The Food Police

If no BBQ sauce was at the BBQ, I suppose citations could be written

Anything else?

DAD10 said:

It is somewhat typical although I see nothing about fines, enforcement of people living in the dwelling, or being forced to relocate; as that is illegal. OP has post zoning regulations. I am still waiting for the fines and relocation enforcement and the source-as I doubt it exists. If it does exist it would be illegal. Still waiting......

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Here is the section regarding punishment for violations. If you are still skeptical I invite you to visit the website.

Franklin Legal Publishing

Specifically Section 29.

Sec. 29-31. Penalties for violations.

(a) Any person, landowner, building owner or occupant, who shall violate any of the provisions of this ordinance [chapter] or who shall fail to comply with any of the provisions of this ordinance [chapter] or who shall build, alter, or occupy any building, structure or land in violation of any statement of plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed two thousand dollars ($2,000.00) or such other amount as may be provided by the general laws of the Stateof Texas for such offenses. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(b) The owner or owners of any building or property or part thereof where anything in violation of this ordinance [chapter] shall be placed or shall exist and any architect, building contractor, agent, attorney, person, firm, or corporation employed in connection therewith andwho have assisted in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be fined in any amount not to exceed two thousand dollars ($2,000.00) or such other amount as may be provided by the general laws of the State of Texasfor such offenses.

(c) In addition to the remedies provided for above, the administrator may, in case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordinance [chapter], institute on behalf of the City of Lubbock any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violation, [or] to prevent any illegal act, conduct of business or use in or about such premises.

Everything...

Nothing has been mentioned about relocation and enforcement.
OP is citing items and excluding items (see above). Maybe in hopes of starting
a discussion based on possible loopholes that no reputable agency will enforce.

DAD10 said:

Nothing has been mentioned about relocation and enforcement.
OP is citing items and excluding items (see above). Maybe in hopes of starting
a discussion based on possible loopholes that no reputable agency will enforce.

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**A: yeah...at times we never get the whole story.

Relocation is the only option because the punishment states you can be fined for each day you are in violation of the ordinance.

DAD10 said:

It is somewhat typical although I see nothing about fines, enforcement of people living in the dwelling, or being forced to relocate; as that is illegal. OP has post zoning regulations. I am still waiting for the fines and relocation enforcement and the source-as I doubt it exists. If it does exist it would be illegal. Still waiting......

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In all probability -short of relocating. Contact a lawyer.
SEE ABOVE.