Odessa City Zoning Code
ARTICLE 14
15 ZONING BOARD OF ADJUSTMENT
§ 14-15-1 Generally.
(a)
Organization.
There is hereby created a zoning board of adjustment consisting of four (4) members and a chairman, each to be appointed by the city council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Members heretofore appointed shall serve hereinabove set forth. Provided, however, that the mayor may appoint four (4) alternate members of the zoning board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so, so that all cases to be heard by the zoning board of adjustment will always be heard by a minimum number of the four (4) members. The alternate members shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.
(b)
Procedure.
The zoning board of adjustment shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance or statutes of the State of Texas. Meetings of the zoning board of adjustment shall be held at the call of the chairman and at such other times as the zoning board of adjustment may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The zoning board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
(c)
Appeals.
(1)
Appeals to the zoning board of adjustment can be taken by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the building official. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the zoning board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the zoning board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(2)
An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the zoning board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(3)
The zoning board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by depositing such notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper of general circulation in the City of Odessa. Both the mailed and published notice shall be given at least ten (10) days prior to the date set for the hearing. At the hearing, any party may appear in person or by attorney or agent.
(d)
Jurisdiction.
When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the zoning board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following:
(1)
To hear and decide appeals where it is alleged there is error on any order, requirement, decision, or determination made by the building official in the enforcement of this ordinance.
(2)
Special exceptions:
(A)
Permit the reconstruction, extension, enlargement, repair, or replacement of a nonconforming use, building, or structure on the lot or tract that has not yet been abandoned pursuant to section 14-14-1(e), and subject to the requirements of section 14-14-1(f).
(B)
Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The board shall, from time to time, on its own motion or upon cause presented by interested property owners or on request of the city council or planning and zoning commission inquire into the existence, continuation, or maintenance of any nonconforming use within the city.
(C)
Permit the location on a lot occupied by a single-family detached dwelling of a mobile or HUD-manufactured home subject to such spacing, health, sanitation, access, parking and occupancy standards as the zoning board of adjustment may prescribe.
(D)
Permit the reduction in off-street parking spaces up to thirty (30) percent from the requirements specified for a specific nonresidential use where it is clearly demonstrated that the specific use does not require the number of spaces specified herein provided:
(E)
Permit subject to reasonable conditions any building or structure erected in that portion of any district designated with a “FH” flood hazard suffix to be designed and constructed to place the first floor elevation lower than the minimum of one (1) foot above the one hundred year frequency flood elevation as such elevation is determined by the director of public works when there are special circumstances existing on the property on which the application is made that necessitate the adoption of a different standard in order for the property owner to use, maintain and further develop the property.
(F)
Permit changes in an antenna, antenna support structure or alternate tower structure under the following circumstances:
(i)
The board finds that the intended function of the antenna, tower or structure would be adversely affected, in some significant way, if the antenna, tower or structure had to be constructed in accordance with the other provisions of this section, or
(ii)
The variance or special exception is necessary to harmonize the city’s ordinances and federal laws, rules or regulations, or
(iii)
The board finds that by modifying the height limitation to provide additional space for colocation of other antenna, the number of antenna support structures can be reduced.
(3)
Authorize in specific cases a variance if the board shall find that:
(A)
The variance request is not contrary to the public interest.
(B)
Special conditions exist for the applicant that do not generally exist for others.
(C)
A literal enforcement of the ordinance will result in unnecessary hardship.
(D)
The spirit of the zoning ordinance is observed and substantial justice is done.
(e)
Actions of the board.
(1)
In exercising its powers in conformity with the provisions of sec. 211.009(a)(l) of the Local Government Code, the zoning board of adjustment may, reverse of affirm wholly or partly, may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.
(2)
The concurring vote of four (4) members of the zoning board of adjustment shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.
(3)
Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment or any taxpayer or any officer, department or board of the municipality may present to the court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision by the zoning board of adjustment and its recommendation in the minutes and not thereafter.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2025-27 adopted 6/10/2025)