Odessa City Zoning Code

An architect, planner, or representative of a design profession,

A historian;

A licensed real estate broker;

An attorney;

An owner of a landmark or of a property in a historic district.

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission.

Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the city council) Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the city council.

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

Recommend the designation of resources as landmarks and historic districts.

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance.

Maintain written minutes which record all actions taken by the commission and the reasons for taking such actions.

Recommend conferral of recognition upon the owners of landmarks or properties with districts by means of certificates, plaques, or markers.

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

Approve or disapprove of applications for certificates of appropriateness pursuant to this act.

Prepare and submit annually to the city council a report summarizing the work completed during the previous year.

Prepare specific design guidelines for the review of landmarks and districts.

Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this act and where private preservation is not feasible.

Propose tax abatement program(s) for landmarks or districts.

Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the city council.

The city manager shall appoint a person to serve as the historic preservation officer. This officer shall administer this ordinance and advise the commission on matters submitted to it.

In addition to serving as representative of the commission, the officer is responsible for coordinating the city’s preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.

Applications for designation of historic landmarks shall be filed by the owner or by the historic preservation officer on behalf of the city in the office of the director of planning for the City of Odessa if the property complies with the criteria for approval set forth in subsection 14-3-3(c). Property owners of proposed historic landmarks shall be notified prior to the commission hearing on the recommended designation. At the commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.

The proposed historic landmark, with a recommendation to approve or disapprove by the commission, shall be submitted to the planning and zoning commission within forty-five (45) days of its receipt of an application meeting all requirements as to form. The planning and zoning commission shall give notice and conduct its hearing on the proposed designation within forty-five (45) days of its receipt of the application from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Odessa. The planning and zoning commission shall make its recommendation to the city council within forty-five (45) days of its receipt of the application from the commission.

The city council shall schedule a hearing on the commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the planning and zoning commission. The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning ordinance of the City of Odessa within forty-five (45) days of receipt of the application from the planning and zoning commission.

Upon designation of a building, object, site or structure as a historic landmark, the city council shall cause the designation to be recorded in the official public records of real property of Ector County, the tax records of the City of Odessa, and the Ector County appraisal district as well as the official zoning maps of the City of Odessa. All zoning maps should indicate the designated landmarks with an appropriate mark “HL.” All designated landmarks shall also be numbered consecutively.

The ordinance to be adopted to approve the designation of a historic landmark shall describe its location, the nature of the alterations that require approval, including the principles or specific criteria by which alterations are to be determined as appropriate or not.

Once an application that meets all of the requirements for an application to designate an historic landmark or an historic district has been filed and notice provided to the owner, the property may not be destroyed or altered until the application has been approved by final action in the administrative process, or until the period required for consideration of such application has expired without any action, whichever occurs first.

Applications for designation of historic districts shall be filed by the owner or by the historic preservation officer on behalf of the city in the office of the director of planning for the City of Odessa if the property complies with the criteria for approval in subsection 14-3-3(c). Property owners within a proposed historic district shall be notified prior to the commission hearing on the recommended designation. At the commissioner’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic architectural or cultural importance of the proposed historic district.

The commission may recommend the designation of a district if it:

The proposed historic district, with a recommendation to approve or disapprove by the commission, shall be submitted to the planning and zoning commission within forty-five (45) days of its receipt of an application meeting all requirements approved by the city council. The planning and zoning commission shall give notice and conduct its hearing on the proposed designation within forty-five (45) days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedure, as specifically provided in the general zoning ordinance of the City of Odessa. The planning and zoning commission shall make its recommendation to the city council within forty-five (45) days of its receipt of the application from the commission on the proposed designation.

The city council shall schedule a hearing on the commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the planning and zoning commission. The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning ordinance of the City of Odessa within forty-five days (45) days of its receipt of the application from the planning and zoning commission.

Upon designation of a historic district, the city council shall cause the designated boundaries to be recorded in the official public records of real property of Ector County, the tax records of the City of Odessa and the Ector County appraisal district as well as the official zoning maps of the City of Odessa. All zoning maps should indicate the designated historic district by an appropriate mark “HD.” All designated districts shall also be numbered consecutively.

The historic district is an overlay zone and its requirements are in addition to those requirements of the underlying zoning district.

The ordinance to be adopted to approve the designation of a historic district shall describe its location, the nature of the alterations that require approval, including the principles, or specific criteria by which alterations are to be determined as appropriate or not.

Once an application, that meets all of the requirements for an application to designate an historic landmark or an historic district, has been filed and notice provided to the owner, the property may not be destroyed or altered until the application has been approved by final action in the administrative process, or until the period required for consideration of such application has expired without any action, whichever occurs first.

Possess significance in history, architecture, archeology, or culture, or

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history, or

Is associated with the lives of persons significant in our past, or

Embodies the distinctive characteristics of a type, period, or method of construction, or

Represents the work of a master designer, builder, or craftsman, or

Represents an established and familiar visual feature of the city.

Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.

The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication’s of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the buildings, structure, object, or site would be unimpaired.

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate in the office of the director of planning for the City of Odessa. The application shall contain:

No building, electrical, plumbing, or other permit of the city shall be issued for such proposed work requiring a certificate of appropriateness until a final certificate of appropriateness has first been issued by the commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any other permit that may be required by any other ordinance of the City of Odessa. A final certificate of appropriateness cannot be issued until the period of appeal has expired or until the city council enters an order on appeal or until all parties have signed a waiver of appeal.

The commission shall review the application at a regularly scheduled meeting within sixty (60) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The commission shall approve, deny, or approve with modifications the certificate within forty-five (45) days after the review meeting. In the event the commission does not act within ninety (90) days of the receipt of the application, a certificate shall be granted.

All decisions of the commission shall be in writing. The commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, e.g., building inspection.

An applicant for a certificate of appropriateness dissatisfied with the action of the commission, the preservation officer, or a representative of the city, relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the city council within fifteen (15) days after receipt of notification of such action. The city council shall give notice, hold a hearing after published notice, and make its decision.

Any certificate of appropriateness which has been approved shall expire twelve (12) months from the date of issuance, unless the commission has approved, at a regularly scheduled meeting, an additional period of time.

A permit by the building official for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the preservation officer without the review of a completed application for a certificate of appropriateness by the commission, as provided for in sections 14-3-4, 14-3-5(a), 14-3-5(b).

Demolition shall not be permitted if prohibited by state or federal law.

The following factors shall be taken into consideration regarding the proposed demolition:

The issuance of a certificate of appropriateness to demolish shall not release the owner from the requirement to obtain a permit to demolish issued by the building official in the building inspection department of the City of Odessa.

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

Deterioration of exterior walls or other vertical supports, or

Deterioration of roofs or other horizontal members, or

Deterioration of exterior chimneys, or

Deterioration or crumbling of exterior stucco or mortar, or

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors, or

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

The historic landmark or contributing property within a historic district must not have been granted a previous property tax freeze under this section.

At the time of application of the tax freeze, the exterior and interior of the historic landmark, must be in need of restoration that exceeds thirty (30) percent of the assessed value of the structure, the year the restoration is to begin. Only that restoration for which a building permit, electrical permit, plumbing permit, or other project permit has been issued may be counted in determining whether the work exceeds thirty (30) percent of the assessed value.

It must be designated (i) as a recorded Texas historic landmark by the Texas Historical Commission and by the city council of the City of Odessa, or (ii) as a historically significant site in need of tax relief to encourage its preservation pursuant to an ordinance or other law adopted by the city council. A property will satisfy this requirement if it has been designated by the city as a historic landmark or contributing property within a historic district, it is in need of restoration and no restoration has occurred for a period of five years immediately proceeding the proposed restoration.

The legal description of the property,

Detailed plans and documents related to the proposed work showing how the exterior of the historic landmark is to be restored in accordance with the preservation criteria,

A statement and documentation of the cost for the restoration of the exterior and interior of the historic landmark to show that the costs exceed thirty (30) percent of the assessed value of the structure,

A projection of the construction time and completion date of the restoration,

The proposed use of the property,

Prior designation as a historic landmark,

The historical significance of the site,

The need for tax relief to encourage its preservation, and

Any other information which is necessary to the city in determining eligibility.

Upon completion of the restoration of the historic landmark in accordance with the certificate of appropriateness and the certificate of eligibility, the owner shall submit to the director a sworn statement certifying that the restoration has been completed.

The owner shall obtain a certificate of qualification for a tax freeze by action of the city council at a regular city council meeting.

If a certificate of qualification is approved, the director shall send written notice to the county appraisal district which shall appraise the property in accordance with subsection (5)(A) of this section. The director shall also send a copy of the certificate of qualification to the city finance department.

A certificate of qualification shall not be approved until the applicant files a commitment to immediately repay to the city all tax revenues not paid because of the tax freeze if the owner is required to repay the taxes under subsection (6)(A) of this section. The commitment must be approved as to form by the city attorney or designee and filed in the county deed records. The commitment shall run with the land and bind the owner, heirs and assigns. Any unpaid repayment required under subsection (6)(A) of this section shall be a lien against the property.

If the preservation officer has reason to believe that a historic landmark or contributing property in a district has been totally or partially destroyed or altered by the willful act or negligence of the owner or his representative in violation of the preservation criteria contained in the ordinance designating the historic landmark or contributing property in a district, the preservation officer shall immediately cause the matter to be scheduled for the earliest possible consideration by the commission with a right to appeal as provided for certification of appropriateness procedure. If, after giving notice and hearing to the owner, and after any appeal, it is determined that the historic landmark or contributing property in a district has been totally or partially destroyed or altered by the willful act or negligence of the owner or his representative, the owner shall immediately repay to the city all of the tax revenues that were not paid because of the tax freeze.

Where a historic landmark or contributing property in a district is totally or partially destroyed or altered other than by the willful act or negligence of the owner or his representative, the owner shall, within thirty (30) days, request a demolition permit when restoration is not feasible, or request a building permit to reconstruct the historic landmark in accordance with the preservation criteria. The determination as to whether restoration is feasible shall be made by the commission, as part of the certificate of appropriateness review procedure required to be followed in obtaining demolition or building permit. In cases where a demolition permit is issued by the city because restoration is not feasible, repayment of the tax revenues is not required.