Odessa City Zoning Code
ARTICLE 14
14 NONCONFORMING USES AND STRUCTURES
§ 14-14-1 Generally.
(a)
A nonconforming status shall exist under the following provisions of this ordinance:
(1)
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous zoning ordinance or which was subsequently annexed into the city and has been operating since without discontinuance.
(2)
When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such site use or structure is located.
(b)
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(c)
A change of occupancy from one nonconforming use to another nonconforming use may be made by securing a certificate of occupancy provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted or provided that such use change is to a use permitted in a more restrictive classification provided further that such change of use and occupancy will not tend to prolong the life of a nonconforming structure.
(d)
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy.
(e)
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease, and the use of the premises shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six months, shall be considered to have been abandoned.
(f)
Pursuant to the provisions of section 14-15-1(d)(2)(A), a nonconforming use, building or structure that has not yet been abandoned pursuant to subsection (e) above, may be partially or fully reconstructed, extended, enlarged, repaired, or replaced within the limits of the lot or tract upon which such nonconforming use, building or structure was located as the lot or tract existed prior to the effective date of this ordinance upon:
(1)
A hearing and favorable action by the zoning board of adjustment (ZBA), subject to any specific conditions and restrictions which the ZBA may prescribe in their action; and
(2)
Issuance of a building permit prior to the nonconforming use, building, or structure being abandoned as defined in subsection (e) above, shall constitute a continuance of the nonconforming use. Continuance shall include any extensions to the permit's effectiveness period.
(3)
In determining whether a nonconforming use, building, or structure is abandoned, the building official may conduct site inspections, permit history, aerial photography, or other means necessary within all applicable city regulations and jurisdiction.
(g)
Replacement of an existing mobile home or manufactured home is allowed subject to the following rules of section 1201.008 of the Texas Occupations Code:
(1)
An existing mobile home may only be replaced with a manufactured home as defined in the zoning ordinance as many times as needed.
(2)
An existing manufactured home may only be replaced with a newer manufactured home and at least as large in living space as the prior manufactured home as many times as needed.
(3)
A replacement after the six month period in subsection (e) is allowed and will not result in the nonconformity being considered abandoned. A building permit from the city is still required.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20; Ordinance 2025-27 adopted 6/10/2025)
