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Odessa City Zoning Code

ARTICLE 14

1 GENERAL PROVISIONS 1

[1]
Editor’s note–This chapter consists of the zoning ordinance of the city, adopted by Ordinance 2019-13 adopted April 9, 2019. This ordinance amends and replaces Ordinance 80-4. Style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended provisions. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as enacted and amended. Any other material added for purposes of clarification is enclosed in brackets.

§ 14-1-1 Enacting clause.

That Ordinance Number 80-04 of the City of Odessa, Ector County, Texas, known as the zoning ordinance as originally adopted together with all amendments, is hereby amended in its entirety to read as follows:
(Ordinance 2019-13 adopted 4/9/19)

§ 14-1-2 Purpose.

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for the particular uses specified and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.
(Ordinance 2019-13 adopted 4/9/19)

§ 14-1-3 Zoning districts established.

The City of Odessa, Texas is hereby divided into thirty two (32) zoning districts. The use, height and area regulations as set out herein are uniform in each district. The thirty two (32) districts established herein shall be known as:
Abbreviated Designation
Zoning District
FD
Future Development District
SF-E
Single-Family Estate District
SF-1
Single-Family Residence District - 1
SF-2
Single-Family Residence District - 2
SF-3
Single-Family Residence District - 3
SF-4
Single-Family Residence District - 4
SP-D
Special Dwelling District
2F-1
Two-Family Residence District - 1
2F-2
Two-Family Residence District - 2
GR
General Residence District
4-F
Four-Family Residence District
MF-1
Multiple-Family Residence District - 1
MF-2
Multiple-Family Residence District - 2
MH-E
Mobile Home Estate District
U
University District
P
Parking District
O
Office District
MC
Medical Center
NS
Neighborhood Service District
R
Retail District
R-1
Retail-1 District
CB-1
Central Business District-1
CB-2
Central Business District-2
LC
Light Commercial District-1
HC
Heavy Commercial District-2
LI
Light Industrial District
HI
Heavy Industrial District
MU
Mixed Use
PD
Planned Development District
SD
When suffix to any district designation as it appears on the zoning district map specifies surface drainage
DR
When suffix to any district designation as it appears on the zoning district map specifies drill reservation
FH
When suffix to any district designation as it appears on the zoning district map specifies flood hazard
S
Designated Specific Use Permit
(Ordinance 2019-13 adopted 4/9/19)

§ 14-1-4 Zoning district map.

(a) 
The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the City of Odessa, said map being a part of this ordinance as fully as if the same were set forth herein in detail.
(b) 
The official zoning map shall be maintained on the official City of Odessa website and available upon request in the planning and zoning commission’s office.
(Ordinance 2019-13 adopted 4/9/19)

§ 14-1-5 Zoning district boundaries.

The district boundary lines shown on the zoning district maps are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following city limits shall be construed as following city limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
(5) 
Boundaries indicated as following the centerlines or channels of streams or drainageways shall be construed to follow such centerlines or channels.
(6) 
Boundaries indicated as parallel to or extensions of features indicated in subsections 14-1-5(1) through 14-1-5(4) above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale on the map.
(7) 
Whenever any street, alley or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
(8) 
Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such questions cannot be resolved by the application of subsections 14-1-5(1) through 14-1-5(7), the property shall be considered as classified “FD” future development district temporarily in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions set forth in section 14-1-6 for temporarily zoned areas.
(Ordinance 2019-13 adopted 4/9/19)

§ 14-1-6 Temporary zoning - annexed territory.

(a) 
All territory hereafter annexed to the City of Odessa shall be temporarily classified as “FD” future development district, until permanent zoning is established by the city council of the City of Odessa; except that any ordinance hereafter annexing new territory to the city may include, as part thereof, a map or plat, showing the zoning classifications for the area being annexed; the procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.
(b) 
In an area temporarily classified as “FD,” future development district:
(1) 
No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City of Odessa without first applying for and obtaining a building permit or certificate of occupancy therefore from the building official or the city council as may be required herein.
(2) 
No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the “FD,” future development district, unless and until such territory has been classified in a zoning district other than the “FD,” future development district, by the city council in a manner set forth by law except as provided in subsection 14-1-6(b)(3) following.
(3) 
An application for any use other than a use permitted in the “FD,” future development district, shall be made to the planning and zoning commission for consideration and recommendation to the city council. The planning and zoning commission in making its recommendations to the city council concerning any such request shall take into consideration the appropriate land use for the area and the comprehensive land use plan for the City of Odessa.
(4) 
The planning and zoning commission and the city council, in making their respective determinations concerning a building permit original zoning request applied for, may request such operating information and development plans from the applicant as may be required to ascertain the proper land use category and zoning district for the use.
(Ordinance 2019-13 adopted 4/9/19)