Odessa City Zoning Code
ARTICLE 14
2 USES
§ 14-2-1 Use of land and buildings.
Land and buildings in each of the following classified districts may be used for any of the following listed uses. No land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule[1] or as such schedule may be subsequently amended:
(Ordinance 2019-13 adopted 4/9/19)
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 14-2-2 Legend for interpreting schedule of uses. [1]
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 14-2-3 Classification of new and unlisted uses.
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to located in the City of Odessa. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The building official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated, and the general requirements for public utilities such as water and sanitary sewer.
(2)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.
(3)
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall, by amendment, approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is considered appropriate to classify the use in question.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-2-4 Planned development district.
(a)
The city council of the City of Odessa, Texas, after public hearing as prescribed for amendment to the zoning ordinance and after recommendation by the planning and zoning commission, may authorize the creation of the following types of planned development districts:
(1)
Commercial center
(2)
Community center, civic center or arts center
(3)
Housing development including special housing types
(4)
Industrial park or district
(5)
Medical center or hospital
(6)
Office development
(7)
Recreation center
(8)
Retail shopping center
(9)
A combination of any of the specific uses listed as permitted in a “PD” planned development district by the use schedules 14-2-2.1 through 14-2-2.13 when such uses are specified in the amending ordinance.
(10)
Transition districts as an extension of an existing district whereby the provision of physical arrangements which may include screening walls, open space, off-street parking, landscaping or building location and orientation that will provide a protective transition between a lesser restrictive and a more restrictive district.
(b)
All “PD” planned development districts approved in accordance with the provisions of this ordinance shall follow the procedure for, and be considered as an amendment to, this ordinance applicable to the property involved. The amending ordinance shall be based upon a site plan which shall be submitted with the initial application. A site plan which complies with and defines the conditions set forth in the amending ordinance and which is also approved by the planning and zoning commission and accepted by the city council shall be required prior to the issuance of a building permit on any portion of a “PD” planned development district, except that a single-family detached residence may be constructed on a platted lot of record located within a “PD” planned development district prior to the approval of a site plan by compliance with the normal requirements for a building permit and the obtaining of such permit.
(c)
The required site plan and ordinance shall set forth the requirements for street right-of-way, drainage, utilities, sidewalks, screening requirements, ingress and egress to the property and shall comply with the area standards specified for the specific types of uses proposed as set forth in the area standards for a “PD” planned development district in sections 14-7-1 and 14-7-2 or with such more restrictive area standards as are set forth in the amending ordinance and with the height and vehicle parking regulations as set forth in sections 14-8-1 through 14-9-2 or with such more restrictive height and parking regulations as are set forth in the amending ordinance.
(d)
All “PD” planned development districts approved in accordance with the provisions of this ordinance in its original form or by subsequent amendments thereto shall be referenced on the zoning district map.
(e)
In approving a “PD” planned development district, the city council shall impose conditions relative to the standards of development as such conditions are set forth in the amending ordinance and such conditions shall be complied with before a certificate of occupancy is issued for the use of either land or buildings in the “PD” planned development district and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment but shall be construed as conditions precedent to the granting of a certificate of occupancy.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
§ 14-2-5 Mixed use development.
The city council of the City of Odessa, Texas, after public hearing and after recommendations by the planning and zoning commission may authorize the creation of mixed use developments (MU).
(1)
All “MU” mixed use developments approved in accordance with the provisions of this ordinance shall follow the procedure for, and be considered as an amendment to, this ordinance applicable to the property involved. The amending ordinance shall be based upon a site plan which shall be submitted with the initial application. A site plan which complies with and defines the conditions set forth in the amending ordinance and which is also approved by the planning and zoning commission and accepted by the city council shall be required prior to the issuance of a building permit on any portion of an “MU” mixed use development.
(2)
The required site plan and ordinance shall set forth the requirements for allowed uses, street right-of-way, drainage, utilities, sidewalks, screening requirements, ingress and egress, pedestrian and cyclist access, front yard, side yard, back yard, height limitations, landscaping, wireless communications systems, and parking.
(3)
All “MU” mixed use developments approved in accordance with the provisions of this ordinance in its original form or by subsequent amendments thereto shall be referenced on the zoning district map.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-2-6 Specific use permits.
The city council of the City of Odessa, Texas, after public hearing (as prescribed for amendments to the zoning ordinance) and after recommendations by the planning and zoning commission may authorize the issuance of specific use permits for the uses indicated by “S” in the use schedule 14-2-2.1 through 14-2-2.13.
(1)
The planning and zoning commission in considering and determining its recommendations to the city council on any request for a specific use permit may require from the applicant, plans, information, operating data and expert evaluation concerning the location, function, and characteristics of any building or use proposed. The planning and zoning commission must determine that the proposed use or building is not in conflict with the comprehensive master plan of the City of Odessa. The city council may, in the interest of the public welfare and to assure compliance with this ordinance, establish conditions of operation, time limit, location, arrangements and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.
(2)
The specific use permit may be granted for definite periods of time after which the planning and zoning commission may, in the public interest, inquire into the continuation of the permit and based upon its findings recommend its discontinuance or the extension of the time period as set forth in the ordinance establishing the specific use permit.
(3)
All specific use permits approved in accordance with the provisions of this ordinance in its original form or as hereafter amended shall be referenced on the zoning district map.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
§ 14-2-7 Workforce housing regulations.
(a)
Enforcement.
The planning director or their authorized representative shall coordinate the review process for all proposed workforce housing. The city building official or their authorized representative shall be responsible for inspection of all workforce housing.
(b)
Conflict with other laws.
If there is a conflict between the regulations and standards in this section with any other local, state, or federal regulations for workforce housing, the more restrictive regulation shall be followed.
(c)
Subject to city codes.
All workforce housing and all improvements required therein are subject to all city permits, codes, and regulations; and state regulations including but not limited to the following:
(d)
Specific use permit for workforce housing.
(1)
All workforce housing must be placed in a zoning district where it is allowed. Prior to the initiation of workforce housing in an approved zoning district, a person must make an application for a specific use permit with the city planning department for approval by the city. Such applications shall not be approved unless it conforms to the regulations outlined herein. Upon violation of any requirement hereof, the city attorney is specifically authorized to seek any relief to prevent the construction of such workforce housing.
(2)
A specific use permit may be issued for workforce housing only after review and approval by the planning and zoning commission and city council in accordance with the provisions of this section and section 14-2-6 and the posting of a reclamation bond or its equivalent (as approved by the city attorney) for the removal of the moveable housing, the grading and revegetation of the property, and the filling of any subsurface pools or basins, to the satisfaction of the city manager upon expiration of the specific use permit. The city council may place reasonable requirements upon the specific use permit including, but not limited to, the location of the site and the facilities and methods of operation of the workforce housing prior to granting approval to insure that such use will not have a detrimental effect on the area in which it may be located and the public health and welfare will not be endangered.
(e)
Application for specific use permit for workforce housing.
All applications for specific use permit for workforce housing shall be made to the planning director or their authorized representative for review. All applications shall contain the following:
(1)
Name and address of the applicant;
(2)
Name and address of property owner, current use of the property, and copy of landowner’s permission for the location of the workforce housing;
(3)
Number of workforce and projected duration of use of this workforce housing;
(4)
Site plan drawn to scale including, but not limited to, layout of streets, parking, landscape, fencing, and drainage;
(5)
Purpose of the housing and the date upon which the occupancy and use of the workforce housing will commence;
(6)
Legal description of the workforce housing and location map drawn on USGS quadrangle map and showing access;
(7)
A copy of the applicant’s deed and/or lease to the real property on which the workforce housing would be located;
(8)
Provision for solid waste collection and disposal, water, and sewage including the location of service buildings, sanitary stations, and any other proposed structures; and a filed copy of approved sewage disposal plans and State permits with the planning office. The installation shall be inspected by the city building official prior to backfilling;
(9)
Plans and specifications of all buildings constructed or to be constructed;
(10)
The location and details of lighting and electrical systems;
(11)
Plans and specifications of the water supply, refuse, and sewage disposal facilities, including the location of water and sewer lines and riser pipes; and a filed copy of water supply plans and applicable State and/or other permits with planning/public works offices;
(12)
Reclamation plans and a timetable for completion of all phases of grading, revegetation, and the filling of any subsurface pools, basins, or anything that collects debris, present as a result of the workforce housing;
(13)
Plans for security, fire, and emergency evacuation; and
(14)
Policies on drug and alcohol usage, noise, and weapons at workforce housing sites.
(f)
Standards for workforce housing sites.
Use of workforce housing shall meet the following requirements;
(1)
Use of workforce housing may only be permitted when a specific use permit has been issued by the city for such use;
(2)
Vehicles in inoperable condition may not be stored onsite;
(3)
Operation of a home occupation or home business by occupants of workforce housing shall not be allowed; and
(4)
Occupancy shall be limited to 2 persons per bedroom at the same time.
(g)
Transferability.
Every person holding a specific use permit for workforce housing shall give notice in writing to the city attorney within twenty-four (24) hours after having sold, transferred, given away, or otherwise disposed of interest in, or control of, any workforce housing. Such notice shall include the name and address of the person succeeding to the ownership or control of such workforce housing. Upon application in writing for transfer of the specific use permit, the specific use permit shall be transferred if the workforce housing is in compliance with all applicable provisions of this section and regulations issued under the City of Odessa Code of Ordinances.
(h)
Suspension or revocation - generally.
Whenever, upon inspection of any workforce housing, the city building official or designee finds that conditions or practices exist which are in violation of any provisions of this section or regulations issued under the City of Odessa Code of Ordinances, or conditions as outlined in the specific use permit, the city building official shall give notice in writing to the person to whom the specific use permit was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the city building official, the specific use permit will be suspended. At the end of such period, the city building official shall re-inspect such workforce housing. If such conditions or practices have not been corrected, the city attorney shall suspend the specific use permit and give notice in writing of such suspension to the person to whom the specific use permit is issued. Upon receipt of notice of suspension, such person shall cease operation of such workforce housing.
(i)
Suspension or revocation - hearing.
Any person whose specific use permit has been suspended or who has received notice from the city attorney that their specific use permit will be suspended unless certain conditions or practices at the workforce housing are corrected may request and shall be granted a hearing on the matter before city council; provided that when no petition for such hearing has been filed within ten (10) days following the day on which notice of suspension was served, such specific use permit shall be deemed to have been automatically revoked.
(j)
Filing name of supervisor of workforce housing with city building official.
The owner or operator of a workforce housing site, before allowing any individuals to reside therein, shall file with the city building official the name of the person who will be managing the workforce housing, and who is in authority to act for them. Any change in such person in charge will be immediately reported to the city building official.
(k)
Office building required; workforce housing register to be kept in office building.
A workforce housing site shall maintain an office building in which the office of the person in charge of said workforce housing shall be located. The workforce housing register shall be kept in such office at all times.
(l)
Duties of person in charge of workforce housing.
It shall be the duty of the owner, operator, or person in charge of any workforce housing:
(1)
To keep at all times a register of all persons staying in workforce housing, which register shall be at all times open to inspection by city, state, and federal officers. Such register shall record the names and home addresses of all persons staying in the workforce housing, the date of their arrival, date of their departure, the license number of all trailers and automobiles in the workforce housing, the name of the state and county in which they are registered, and the trailer unit on which each is located;
(2)
To maintain the workforce housing in a clean, orderly, and sanitary condition at all times including, but not limited to, maintenance of landscaping, fences, or barriers;
(3)
To require every plumbing fixture in the workforce housing to be connected to the sewer during its entire stay in the workforce housing;
(4)
To see that all required lights are kept lighted as provided for in the City of Odessa Code of Ordinances;
(5)
To see that garbage and trash is deposited in trash receptacles and see that all such trash receptacles are collected, cleaned, and redistributed as required by the city code;
(6)
Not to permit any domestic animal in the workforce housing site unless they meet the requirements of the provisions of the city code pertaining to such animals; and
(7)
To report promptly to the proper authorities any violation of law which may come to their attention.
(m)
Compliance with law.
All workforce Housing must be in compliance with all applicable statutes of the State of Texas, rules and regulations of Ector County, and any other ordinances of the City of Odessa.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-2-8 Surface drainage suffix “SD” and flood hazard suffix “FH” to district designation.
To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with an “SD” surface drainage or an “FH” flood hazard suffix.
(1)
Areas designated on the zoning district map by an “SD” suffix shall be subject to the following provisions:
(A)
Uses permitted: The permitted uses in that portion of any district having an “SD” surface drainage suffix shall be limited to the following:
(i)
Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry
(ii)
Off-street parking incidental to any adjacent main use permitted in the district
(iii)
Electrical sub-station
(iv)
All types of local utilities including those requiring specific use permits when approved as provided in section 14-2-6.
(v)
Parks, community centers, playgrounds, public golf courses
(vi)
Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses when approved by specific use permit as provided in section 14-2-6.
(vii)
Private open space as part of a planned development district or housing project
(B)
No building or structure shall be erected in that portion of any district designated with an “SD” surface drainage suffix until, and unless, such building or structure has been approved by the City of Odessa on the basis that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of flood waters and would not increase the water level in any retention basin and that such construction would not endanger the value and safety of other property or the public health and welfare.
(C)
Any dump, excavation, storage, filling or mining operation within that portion of a district having an “SD” surface drainage suffix shall be approved by the City of Odessa before such operation is begun.
(D)
An area may be added or removed from the “SD” surface drainage suffix designation when by the provision of drainage works, grading, flood protection or specific drainage study it is determined that a flood hazard exists or has been alleviated. Removal of or addition of the “SD” surface drainage suffix shall be accomplished by an amendment to the zoning district map.
(2)
Areas designated on the zoning district map by an “FH” flood hazard suffix shall be subject to the following provisions:
(A)
Uses permitted: The permitted uses in that portion of any district having an “FH” Flood hazard suffix shall be the same as the uses permitted in the basic district to which the suffix is attached.
(B)
Any building or structure which has a first floor that is a habitable floor erected in that portion of any district designated with an “FH” flood hazard suffix shall be designed and constructed to place the first floor elevation a minimum of one (1) foot above the 100 year frequency flood elevation as such elevation is determined by the city engineer. A “habitable floor” is defined as any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes is not a “habitable floor.”
(C)
No filling or grade alteration within that portion of a district having an “FH” flood hazard suffix shall be permitted except by specific approval of the City of Odessa.
(D)
An area may be added or removed from the “FH” flood hazard suffix designation when, by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the City of Odessa that the flood hazard has been eliminated or no longer exists. Removal of any area from the flood hazard suffix shall be accomplished by an amendment to the zoning district map.
(3)
The fact that land is, or is not, within a district having an “SD” surface drainage suffix or an “FH” flood hazard suffix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
§ 14-2-9 Drill reservation suffix to district designation.
(a)
To provide for the possible development or joint use of areas which are designated on subdivision plats or are in the property records of Ector County as officially approved drill reservation sites by the City of Odessa and to promote the general welfare and provide for the orderly development of the city, portions of certain districts are designated with a “DR” drill reservation suffix.
(b)
Areas designated on the zoning district map by a “DR” suffix shall be subject to the following provisions:
(1)
The development of any mineral interests in any drill reservation site shall be subject to the provisions of the oil and gas ordinance, Article 4-14 of the City of Odessa Code of Ordinances.
(2)
The development of any surface use on any drill reservation site shall be subject to the provisions of the basic zoning district regulations as such districts are shown by the zoning district map and to the platting and subdivision regulations of the City of Odessa.
(3)
No area which has not been approved as a drill reservation site by the City of Odessa shall be subject to designation by a “DR” drill reservation suffix as herein provided.
(4)
The coordination of the surface right interest with the subsurface mineral rights interest in any area covered by a “DR” drill reservation suffix shall be the responsibility of the parties owning such rights and will not be, in any manner, the responsibility of the City of Odessa except where the city may be the owner of either the surface right interest or the mineral rights interest.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
§ 14-2-10 Detention halfway house regulations.
A detention halfway house as defined herein must meet the following conditions before a specific use permit can be granted for a particular location:
(1)
There must exist a one mile separation between the detention halfway house and any other detention halfway house.
(2)
There must exist a 500 foot separation between the detention halfway house and any single-family dwelling - attached or detached, two-family dwellings, three or four family dwelling, multiple-family dwelling or residence home for the elderly which is located in compliance with the zoning ordinance and is either occupied or safe for occupancy as determined by the building official for the city.
(3)
There must exist a 500 foot separation between the detention halfway house and the boundary line of any residential district.
(4)
All distances are to be measured from property line to property line.
(Ordinance 2019-13 adopted 4/9/19)
§ 14-2-11 Jail or prison facility.
A jail or prison facility as defined herein must meet the following condition before a specific use permit can be granted for a particular location:
There must exist a 420 foot separation between the jail or prison facility and any single-family dwelling - attached or detached, two-family dwelling, three or four family dwelling, multiple-family dwelling or residence home for the elderly which is located in compliance with the zoning ordinance and is either occupied or safe for occupancy as determined by the building official for the city.
(Ordinance 2019-13 adopted 4/9/19)