Odessa City Zoning Code
ARTICLE 14
20 DOWNTOWN OVERLAY ZONE
§ 14-20-1 Purpose and intent.
The purpose of the Downtown Odessa Overlay Zone, herein referred to as “the overlay,” is to guide redevelopment in the Downtown Odessa area by building on the authenticity of the original core, the extensive success of major employment and the ongoing economic development focus of downtown. The intent is to implement the vision for a more walkable, vibrant, mixed-use neighborhood by:
(1)
Preserving and enhancing the existing development character of downtown and adjoining neighborhoods through a comprehensive overlay to achieve mixed-use, transitions, and pedestrian-oriented design;
(2)
Creating appropriate experience districts to implement the vision for different areas of downtown; and
(3)
Establishing appropriate urban design standards associated with each use type including building form, use, and frontage requirements with a focus on implementing pedestrian-oriented design.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-2 Administration.
(a)
Overlay area.
Generally bounded by North Sam Houston Avenue on the west, 8th Street on the north, North Hancock Avenue on the east and 2nd Street on the south.
(b)
Submittal process.
(1)
A pre-proposal meeting is required to be scheduled with all interested parties through the development services manager for any new construction or for those seeking grant monies through Downtown Odessa, Inc. This meeting will be used to align the intent of the overlay with the goals and intent of the development team. At this pre-proposal meeting, a design handbook and a checklist of submittal requirements will be provided.
(2)
All projects submitted for a property within this overlay will go through the required review and approval process.
(c)
Conformance with building and fire code.
All projects shall be required to apply the city adopted versions of code of ordinance, including but not limited to building code and fire code.
(d)
Existing non-conforming structures.
The provisions of this article shall only apply to new construction unless the alteration or enlargement of an existing non-conforming structure creates any new non-conformity or increases the existing non-conformity at all on any part of such structure or site. Section 14-20-14 shall provide examples of acceptable additions to noncomplying structures under this Overlay.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-3 Base zoning.
The zoning districts assigned to the parcels within the overlay area are effective to the extent permitted within this overlay. Any regulations within this overlay will override those in the base district. Where this overlay is silent, the base district standards rule.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-4 Base uses.
All base uses within the base zone shall apply. The following standards shall apply in addition to the base uses.
(1)
Adaptive reuse.
Using an existing structure, especially for a use different than what it was originally created is in line with the intent of this overlay. City staff shall work with developer/operator to determine engineering and life-safety requirements for adaptive reuse.
(2)
Temporary and traditional uses.
Encouraging temporary uses on vacant land could be allowing sites to emerge without a physical structure for a short time or encouraging incubator artist sites to develop within a decorated metal building. City staff shall work with temporary use developer/operator to determine appropriate time allowance, site design conditions, and connectivity requirements.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-5 Base zone overrides.
(a)
Within this overlay, buildings subject to dimensional requirements for inner and outer court requirements in section 14-7-12 of the zoning ordinance are exempt from the minimum court standards, however building code and fire code still apply.
(b)
parking requirements in sections 14-9-1(a) and 14-9-1(c) of the zoning ordinance do not apply towards development within this overlay, alternative parking standards are provided along with parking design standards in section 14-20-13.
(c)
Within this overlay, standards for lot area section 14-7-2(a) of the zoning ordinance are overridden to read the following:
(1)
Single-family dwelling detached: CB-1: 1200 SF; LC: 1200 SF.
(2)
Single-family dwelling attached: CB-1: 1200 SF; LC: 1200 SF.
(3)
Two-family dwelling: CB-1: 2400 SF; LC: 2400 SF.
(4)
Single-family dwelling detached: CB-2: 1200 SF; MC: 1200 SF.
(5)
Single-family dwelling attached: CB-2: 1200 SF; MC: 1200 SF.
(6)
Two-family dwelling: CB-2: 2400 SF; MC: 2400 SF.
(d)
Within this overlay, standards for lot width section 14-7-3 of the zoning ordinance are overridden to read the following:
(1)
Single-family dwelling detached: CB-1: 35 FT; LC: 35 FT.
(2)
Two-family dwelling: CB-1: 40 FT; LC: 40 FT.
(3)
Multifamily dwelling (over 3 stories): CB-1: 60 FT; LC: 60 FT.
(4)
Single-family dwelling detached: CB-2: 35 FT; MC: 35 FT.
(5)
Two-family dwelling: CB-2: 40 FT; MC: 40 FT.
(6)
Multifamily dwelling (over 3 stories): CB-2: 60 FT; MC: 60 FT.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-6 Frontage buildout.
(a)
The facade of a building shall be built to a minimum percentage of the front yard width within the maximum allowed front yard as follows:
(1)
For frontages along planned street plaza or open space (public or private) with lot widths 100 feet or less, a minimum of 80% of the front facade shall be built within the front setback area.
(2)
For frontages along planned street plaza or open space (public or private) with lot widths greater than 100 feet, a minimum of 90% of the facade shall be built within the front setback area.
(3)
For all other frontages, a minimum of 40% of the facade shall be built within the front setback area.
(4)
Pedestrian passages and vehicular access through buildings having habitable space built above them to a minimum depth of 18 feet and within the front setback area shall be counted towards minimum frontage buildout requirements.
(b)
Facade alignment:
Facades facing the front lot line shall be built parallel to the front lot line or to the tangent of a curved front lot line.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-7 Building form.
(a)
Stepbacks for buildings over five (5) stories.
Buildings over five (5) stories that are built to the property line with no set-back shall have a minimum building stepback of 10 feet starting at the sixth floor.
 Figure showing required stepback location |
(b)
Commercial ground story.
Commercial ground stories shall have a minimum 12 foot floor to ceiling height.
(c)
Residential ground story.
For new construction with residential ground stories that enter directly to units (i.e. stoops to ground floor units, townhouses, single-family and similar residential types), the following shall be recommended and preferred, but not mandatory:
(d)
Minimum story height.
It is recommended and preferred, but not mandatory, that all upper floor stories shall have a minimum floor to ceiling height of 9 feet.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-8 Building interface.
(a)
General.
The private frontage shall be established as the area within the front setback area from the front lot line up to and including the facade.
(b)
Primary building entry.
The facade in the front setback area shall contain the primary entry along that facade.
 Figure showing required building orientation and location of primary entrances |
(d)
Frontage attachments.
Awnings are not required, but are encouraged. Awnings are permitted to encroach into the public right-of-way and shall follow standards in section 14-20-11.
(e)
Upper story facade requirements.
(1)
Glazing above the ground story shall be a minimum of 20% of the wall area.
(2)
Low pitch or flat roofs on buildings shall be enclosed by a parapet that is a minimum of 3 feet in height, or as necessary to screen the view of mechanical equipment.
(3)
Upper story balconies can extend over the public right-of-way to a maximum depth of 5 feet.
(f)
Development over access ways.
To achieve a connected street wall, and for more efficient use of land, buildings may extend over pedestrian and vehicular access ways to internal blocks as follows:
(1)
Required pedestrian passages shall form a continuous minimum at-grade opening of 12 feet sidewalk to ceiling height and width of 10 feet.
(2)
Vehicular access to structured and surface parking having the following unobstructed dimensions:
(A)
A minimum opening height of 10 feet in height or 14 feet in height when over a shared alley or street with service or emergency functions; and
(B)
A minimum width of 12 feet, or a minimum width of 20 feet (18 feet curb face to curb face minimum) when over a shared alley or street with service or emergency functions. The maximum width of the opening shall be 24 feet.
(g)
Required pedestrian passage.
Within the CB-1 base zoning district, any block length having 500 feet or more of continuous building frontage shall be required to have an unobstructed pedestrian passageway.
(h)
Building facades.
Buildings wider than 100 feet shall be divided into distinct and separate building facades no wider than 100 feet.
(i)
Base flood elevation.
Within the overlay, the following options are available to address the base flood elevation required for new construction.
(1)
Exterior ramps and stairs: If an exterior ramp is required in order to accommodate access to a raised base flood elevation, the ramp shall be oriented perpendicular to the primary facade in order to minimize the visual impact and pedestrian accessibility of the primary facade. Other approaches may be used in all other overlay districts only with the approval of city council.
(2)
If an exterior stair is required to accommodate access to a raised base flood elevation, the steps shall be located towards the primary entrance along the primary facade.
 Example of a wider parcel (50' wide or greater) and building showing a “switch back” ramp and stair. (Railings and other architectural details not shown) |
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-9 Building interface - commercial.
(a)
Minimum glazing at the ground level.
(1)
Facades along planned street plaza or open space (public or private) shall be glazed with no less than 50% of the ground story measured between the ground and 12 feet above the ground.
(2)
Facades along all other frontages shall be glazed with no less than 30% of the ground story measured between the ground and 12 feet above the ground.
(b)
Glass transparency.
All glass shall be transparent with a maximum 15% reflectivity. Any window tinting and graphics that create a permanent opaque or translucent condition are prohibited, except for allowed signage.
(c)
Setback landscape/hardscape.
Landscaping shall be required in accordance with the adopted Landscape Ordinance 2016-19 and the setback area shall be available for dining and furnishing.
(d)
Shading of private and public frontage.
In addition to shade provided by streets trees where they are provided, shading of the private and public frontage can be achieved through the combination of an awning frontage.
 |
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-10 Building interface - urban residential.
(a)
Minimum glazing at the ground level.
Facades shall be glazed with no less than 25% of the first story measured between 2 feet and 10 feet of the ground.
(b)
Glass transparency.
All glass shall be transparent with a maximum 15% reflectivity. Window tinting and interior affixed window shades that create a permanently opaque or translucent condition are not encouraged.
(c)
Flex frontage.
The raised residential ground story requirement shall be waived where:
(1)
The ground story at the frontage to a minimum depth of 18 feet is built to a commercial ready standard;
(2)
No other residential room is at the frontage; and
(3)
There is a separate entry from the residential and commercial areas of the building, and a lockable interior connection between the areas.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-11 Awning standards.
§ 14-20-12 Building design.
(a)
Materials.
All exterior building materials are divided into two types, primary for the majority of the building facade, and accent, for additional design and character on the facade.
(1)
(3)
A minimum of 2 materials are required on each facade and a maximum of 5 on any one facade.
(4)
Use of fluorescent colors and fluorescent paints are prohibited.
(b)
Design and layout of auto-oriented uses.
(1)
Where permitted, drive-through lanes, auto-service bays, and gas station canopies for commercial uses shall not be located with frontage along Grant Avenue or Texas Avenue. Drive-through lanes may be permitted along all other streets or alleys. Drive-through lanes, auto-service bays, and gas station canopies shall be hidden behind a 3 feet high street screen along all streets.
(2)
No more than 60% of a lot’s frontage along a street may be dedicated to drive through lanes, canopies, service bays, and other auto-related site elements. There shall be no such limitation along alleys.
 Image illustrating the appropriate design of auto-related site elements along streets other than Grant Avenue and Texas Avenue. |
(3)
Any automobile-related retail sales or service use of a site or property shall have a primary building entrance along its frontage.
(4)
Drive through access may be from a street only if the lot has no access to any alley frontage.
 Image illustrating the appropriate design of retail/restaurant drive-through (Corner Lot) |
(5)
All off-street truck loading and unloading areas shall be screened using a street screen that is at least as tall as service equipment. The street screen shall be made up of a living screen or a combination living and primary building material screen.
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-13 Parking and access.
(a)
The parking requirements in sections 14-9-1(a) and 14-9-1(c) of the zoning ordinance do not apply towards development within this overlay, instead the following alternative parking standards and parking design standards within this Section shall apply.
(b)
Parking space requirements.
(1)
There shall be no minimum parking space requirement for all buildings of three (3) stories or less in the underlying CB-1 zone.
(2)
For buildings over 3 stories and all buildings in the CB-2, LC and MC zones, parking shall be provided on the lot, screened from the public right-of-way according to screening standards below, and the minimum number of parking spaces for the entire building shall be as follows:
(3)
Parking may be reduced if a shared parking plan is submitted with site plan and approved by city staff.
(c)
Location of off-street parking.
(1)
Commercial, mixed-use, and multifamily parking placement.
(A)
For commercial, mixed-use and multifamily parking shall be placed behind the building when adjacent to the planned street plaza or open space.
(B)
Parking is permitted to be placed to the side of the building when adjacent to any other frontage.
(C)
Parking shall never be permitted between the building and the sidewalk.
 Illustration showing commercial, mixed-use and multifamily parking access and placement |
(2)
Single-family parking placement.
(A)
For lots less than 50 feet in width, parking shall be accessed from the rear or the side, according to the image below.
(B)
For lots 50 feet or greater in width, parking is permitted to be accessed from the front with the garage being required to be set back from the front facade of the building by a minimum of 2 feet.
 Illustration showing single-family parking access and placement |
(d)
Parking garage standards.
(1)
To the extent possible, the amount of street frontage devoted to a parking structure shall be minimized by placing the shortest dimension(s) of the parking structure along the street edge(s).
(2)
Where above ground structured parking is located at the perimeter of a building with street frontage, it shall be screened in such a way that cars on all parking levels are appropriately screened from view. Architectural screens shall be used to articulate the facade, hide parked vehicles, and shield lighting. Parking garage ramps shall not be visible from any street.
 Illustrative Examples of Parking Garage Screening |
(3)
Garage parking in a multi-story building shall be behind storefronts or residential units facing any street frontage in order to substantially inhibit and shield views of the garage from adjacent streets.
(4)
Ground floor facade treatment (building materials, windows, and architectural detailing) shall be continued to the second floor of a parking structure along all streets.
 Images showing required facade treatment of parking garages along streets |
(5)
When parking structures are located at street intersections, corner emphasizing elements (such as towers, pedestrian entrances, signage, glazing, etc.) shall be incorporated.
(6)
Parking structures and adjacent sidewalks shall be designed so pedestrians and bicyclists are clearly visible (through sight distance clearance, signage, and other warning signs) to entering and exiting automobiles.
 Images showing appropriate design of Parking Structures |
(e)
Parking screening standards.
(1)
Street screen required.
Any frontage along planned street plaza or open space (public or private) with surface parking at the front facade area shall be defined by a 3-foot high street screen. Furthermore, along all streets (except alleys), service areas shall be screened in such a manner that the service area shall not be visible to a person standing on the property line on the far side of the adjoining street. Required street screens shall be of one of the following:
(2)
The required street screen shall be located at the minimum setback line along the corresponding frontage.
(3)
Street screens cannot block any required sight triangles along a cross street or driveway.
(4)
Street screens may include breaks to provide pedestrian access from any surface parking or service area to the public sidewalk.
 Illustration showing required street screen along all frontages without a building within the front facade area |
(5)
Screening of roof mounted equipment.
All roof mounted mechanical equipment (except solar panels) shall be screened from view of a person standing on the property line on the far side of the adjoining street. The screening material used shall be the same as the primary exterior building material used.
 Illustration showing required screening of roof and ground mounted equipment |
(Ordinance 2019-08 adopted 2/26/19)
§ 14-20-14 Illustrations of changes to non-complying structures.
The following illustrations shall provide guidance to property owners on the allowed and prohibited modifications to existing non-complying structures and sites within the overlay area.
(1)
Allowable additions.
The following illustrations show potential allowable additions to non-complying structures and sites. Additions shall meet the front yard standards of the overlay.
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(2)
Non-allowable additions.
The following illustration shows potential non-allowable additions to non-complying structures and sites. This is due to the additions not complying with the front yard standards of the overlay.
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(Ordinance 2019-08 adopted 2/26/19)