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.
(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.
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)
(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)
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)
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)
(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)
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
(viii)
Heliport when approved by specific use permit as provided in
section 14-2-6.
(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)
(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)
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)
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)
