Definitions and restrictive and explanatory provisions related
to use regulations. Certain words in this ordinance are qualified,
restricted and defined as follows:
(a) Words
in the present tense include the future, words in the singular number
include the plural number and words in the plural number include the
singular number; the word “building” includes the word
“structure”; the word “lot” includes the words
“plot” or “tract”; the word “shall”
is mandatory and not discretionary. Number in parenthesis () indicates
reference to use schedules 14-2-2.1 through 14-2-2.13.
(1) Accessory use. A use subordinate
to and incidental to the primary use of the main building or to the
primary use of the premises.
(2) Accessory building, attached. An integral portion of a main structure devoted to uses incidental
and accessory to the main use, such as an attached garage, storage
area or carport.
(3) Accessory building, detached. A freestanding structure designed and used for functions incidental
and accessory to the main use, such as a garden shelter, separate
garage or storage house.
(4) Accessory building or use, business or industry. A subordinate building or portion of a building, attached
or detached from the main building and used for purposes customarily
incidental to the business or industrial use, such as storage warehouse
space in a retail store and automotive repair service space in a gasoline
service station.
(5) Accessory building or use, residential. A subordinate building, attached or detached from the
main structure, and used for a purpose customarily incidental to the
residential use of the main structure such as a private garage or
carport for the storage of automobiles, toolhouse, lath or greenhouse
as a hobby, home workshop, children’s playhouse, storage house
or garden shelter but not involving the conduct of a business nor
shall any accessory building be used as permanent living quarters.
(6) Airport or landing field. An area improved for the landing or take-off of aircraft approved
by the City of Odessa or Ector County for operation as an aircraft
landing facility.
(7) Alley. A public space or
thoroughfare which affords only secondary means of access to property
abutting thereon.
(8) Amusement, commercial (indoor). An amusement enterprise wholly enclosed in a building which is treated
acoustically so that noise generated by the enterprise is not perceptible
at the bounding property line and including, but not limited to, a
bowling alley or billiard parlor.
(9) Amusement, commercial (outdoor). An amusement enterprise offering entertainment of games of skill
to the general public for a fee or charge wherein any portion of the
activity takes place in the open including, but not limited to a golf
driving range, archery range and miniature golf course.
(10) Animal feed lot. The pens,
shelter and facilities for confining and feeding of livestock on a
commercial basis.
(11) Antique shop. An establishment
offering for sale, within a building, articles such as glass, china,
furniture or similar furnishing and decorations which have value and
significance as a result of age, design or sentiment.
(12) Apartment. A room or suite
of rooms in a multiple-family dwelling or apartment house arranged,
designed or occupied as a place of residence by a single-family, individual
or group of individuals.
(13) Apartment complex (elderly and/or handicapped). Any building, or portion thereof, which is designed,
built, rented, leased or let as three (3) or more dwelling units,
each unit to be occupied either by persons over the age of sixty-two
(62) or by persons of any age who are physically or mentally handicapped
to the extent that they are unable to be self-supportive, but are
able to fully or partially take care of their personal needs.
(14) Apartment house. Any building
or portion thereof, which is designed, built, rented, leased or let
to be occupied as three or more dwelling units or apartments or which
is occupied as a home or place of residence by three or more families
living in independent dwelling units. For the purpose of this ordinance,
an apartment building with three (3) dwelling units is a three-family
dwelling and an apartment with four (4) dwelling units is a four-family
dwelling and an apartment building with five (5) or more dwelling
units is a multiple-family dwelling.
(15) Area of the lot. The area
of the lot shall be the net area of the lot and shall not include
portions of streets and alleys.
(16) Art gallery of museum. An
institution for the collection, display and distribution of objects
of art or science, and which is sponsored by the public or quasi-public
agency and which facility is open to the general public.
(17) Asphalt or concrete batching plant (permanent). A facility for the storage and mixing of materials for
concrete or for asphaltic surfacing and which facilities are established
on a permanent bases as a service industry.
(18) Asphalt or concrete batching plant (temporary). A facility for the storage and mixing of materials for
concrete or for asphaltic surfacing which is located on a temporary
basis to serve a specific construction project and which is required
to be removed on completion of the project.
(19) Auto glass, seat cover, or muffler shop. An automotive service establishment specializing in
assembly, fitting and installation of glass, seat covers or mufflers
in automobiles as a primary activity. When the activity is operated
as a secondary function of a gasoline service station and represents
not more than fifteen (15) percent of the business activity or fifteen
(15) percent of operating space, auto glass, seat cover or muffler
installation is permitted as a secondary function to the primary activity.
(20) Basement. A building story
which is partly underground, but having at least one-half of its height
above the average level of the adjoining ground. A basement shall
be counted as a story in computing building height.
(21) Beauty shop, one chair - accessory use. A shop for hair styling, beauty treatment and manicure
located in a residence or on a residential lot in an accessory building
involving only one chair and one resident operator and meeting the
standards prescribed by the State of Texas and the City of Odessa
for such operation.
(22) Bicycle sales and service. An establishment offering bicycle and moped vehicle service and
sales but not including the service or sale of motorcycles, off-road
vehicle or other similar motorized equipment.
(23) Block. An area enclosed by
streets and occupied by or intended for buildings; or if said word
is used as a term of measurement, it shall mean the distance along
a side of a street between the nearest two streets which intersect
said street on said street.
(24) Board. The planning and zoning
board as designated by the city charter.
(25) Boarding or tourist house. A building arranged and used for the lodging, with or without meals,
for compensation, by more than one (1) and not more than twenty (20)
individuals exclusive of the operating person or family. May also
be referred to as lodging or rooming house.
(26) Building. Any structure used
or intended for supporting or sheltering any use or occupancy.
(27) Building area. The area included
within the surrounding exterior walls (or exterior walls and fire
walls) exclusive of vent shafts and courts.
(28) Building coverage. The percent
of the area of a lot or tract covered by the roof or first floor of
a building. Where the roof area, in a flat plane, exceeds the first
floor area, the roof area shall be used in computing the percent of
coverage except that the roof eaves to a maximum of three (3) feet
from the walls of a building shall be excluded from the coverage computations.
(29) Building ends. Those sides
of a building having the least dimensions as compared to the front
or rear of a building. As used herein for the building spacing regulations
for multiple-family dwellings only, a building end shall be interpreted
as being the most narrow side of a building regardless of whether
it fronts upon a street, faces the rear of the lot or is adjacent
to the side lot line of another building.
(30) Building line. A line parallel
or approximately parallel to the street line at a specified distance
therefrom and being the minimum distance to the street line that a
building may be located.
(31) Building material and home supply sales (indoor
storage). An establishment offering for sale
lumber, building supplies, tools, home improvement materials and related
items where the materials are stored within a building, or if outdoors,
all supplies and commodities are stored behind a solid screening wall
which is located on or back of the required building line and where
the supplies and commodities are not stacked or arranged so as to
extend above the top of the screening wall.
(32) Building material sales with outdoor or open shed
storage. An establishment offering building materials
for sale to contractors, suppliers and the public where all or part
of such materials are stored in an open yard or open sheds.
(33) Building official. The officer
or other designated authority charged with the administration and
enforcement of this ordinance or his duly authorized representative.
(34) Carnival. An event which provides amusement rides, as defined in chapter 2151 of the Occupations Code, which includes mechanical rides or devices but not coin-operated rides or nonmechanical playground equipment. It shall not include an event sponsored by the property owner for civic, charitable or church purposes, which does not include more than four mechanical rides or devices, does not extend for more than fourteen days and is authorized by a special use permit if required by Article
1-15 of the City of Odessa Code of Ordinances.
(35) Carport. An accessory building
or structure with a roof or other covering supported by structural
steel or wooden members or columns, or masonry piers of minimum size
for structural safety. Such structure shall be open on two or more
sides when attached to the main building or other buildings and open
on three or more sides when detached from the main dwelling or other
buildings.
(36) Cellar. A building story
with more than one-half its height below the average level of the
adjoining ground. A cellar shall not be counted as a story in computing
building height.
(37) Certificate of occupancy and compliance (same
as certificate of use and occupancy in building code). The certificate issued by the building official which permits the
use of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of laws and ordinances
for the use and occupancy of the building in its several parts together
with any special stipulations or conditions of the building permit
or zoning ordinance or amendment.
(38) Church or rectory. A place
of worship and religious training of recognized religions including
on-site housing of ministers, rabbis, priests, nuns and similar staff
personnel.
(39) City council. The governing
and legislative body of the City of Odessa.
(40) City manager. Chief administrative
officer of the City of Odessa, Texas.
(41) Cleaning plant (commercial). An establishment providing dry cleaning and/or laundry as a commercial
service to smaller shops, pick-up stations or to industry and commercial
enterprises such as linen, drapery and carpet cleaning.
(42) Cleaning shop or laundry (small shop). A custom cleaning shop not exceeding two thousand five
hundred (2,500) square feet of floor area.
(43) Clinic. A group of offices
for one or more physicians, surgeons or dentists to treat sick or
injured out-patients who do not remain overnight.
(44) Clothing or similar light manufacturing. An establishment for the compounding, assembly or fabrication
of garments, millinery, jewelry, electronic devices, small instruments,
pharmaceuticals and similar items and materials, where no noise, dust,
vibration, odor, or other conditions which could be adverse to the
use and enjoyment of adjacent property are generated.
(45) College or university. An
academic institution of higher learning, accredited or recognized
by the State and offering a program or series of programs of academic
study.
(46) Community center (public). A building and grounds owned and operated by a governmental body
for the social, recreational, health or welfare of the community served.
(47) Convalescent home. Any structure
used for or customarily occupied by persons recovering from illness
or suffering from infirmities of age (same as chronic care hospital).
(48) Country club (private). An
area containing a clubhouse and recreation facilities which are restricted
to the use of specific membership and which may contain a golf course,
tennis court, swimming pool, dining room, social facilities and similar
recreation and service facilities.
(49) Court. An open, unoccupied
space, bounded on more than two sides by the walls of a building.
An inner court is a court entirely surrounded by the exterior walls
of a building. an outer court is a court having one side open to a
street, alley, yard or other open space.
(50) Custom personal service shop. Tailor, dressmaker, barber or beauty shop, shoe shop or similar
shop offering custom service to individual customers.
(51) Day-care center. An establishment
where not more than fifteen (15) children are housed for care or training
during the day or portion of the day.
(52) Dance hall or night club. An establishment offering to the general public facilities for dancing
and entertainment and subject to licensing and regulation by the City
of Odessa.
(53) Decibel. A unit of measurement
of sound pressure.
(54) Detention halfway house. A
facility used for the purpose of housing at least three persons who
are on probation, parole, mandatory supervision or for some other
reason are permitted conditional freedom from imprisonment in a jail
or prison facility and who are permitted access into the community
without guard supervision. The term detention halfway house shall
not include governmental facilities exempt from zoning regulations.
(55) District. A section of the
City of Odessa for which the regulations governing the height, area
or use of the land and buildings are uniform.
(56) Drive-in service buildings. Retail or service buildings oriented to serving the motorist, such
as a gasoline service station, dry cleaning, laundry pick-up station,
or drive-in grocery.
(57) Dwelling unit. A single unit
providing complete, independent living facilities for one (1) or more
persons including permanent provisions for living, sleeping, eating,
cooking and sanitation.
(58) Dwelling. A house, apartment,
or other place of residence.
(59) Family. Any number of individuals
living together as a single housekeeping unit, in which not more than
three (3) individuals are unrelated by blood, marriage or adoption.
(60) Farm, ranch, garden, or orchard. An area of one (1) acre or more which is used for growing of usual
farm products, vegetables, fruits, trees, and grain and for the raising
thereon of the usual farm poultry and farm animals such as horses,
cattle, and sheep and including the necessary accessory uses for raising,
treating and storing products raised on the premises, but not including
the commercial feeding of offal and garbage to swine and other animals
and not including any type of agriculture or husbandry specifically
prohibited by ordinance or law.
(61) Fire arms range. A facility
designed and constructed for the practice and teaching of marksmanship
with handguns, rifles and shotguns and operated by a public agency
or a quasi-public or private corporation approved by the City of Odessa.
The specific use permit establishing any Fire Arms Range shall set
forth the construction and operating standards required to protect
the user and occupants of nearby property and to assure the safety
and welfare of all areas of the city.
(62) Floor area. The total square
feet of floor space within the outside dimensions of a building including
each floor level, but excluding cellars, carports or garages.
(63) Floor area ratio (FAR). The
ratio between the total square feet of floor area in a structure and
the total square feet of land in the lot or tract on which the structure
is located.
(64) Fraternity or sorority. A
building arranged and used as a place of abode for four (4) or more
students who are organized as a group for social, educational, professional
or similar purposes.
(65) Frequency. The number of
times per second a vibration or sound wave oscillates.
(66) Garage or estate sale. An
offering for sale, on a residential premises, of household furnishings,
clothing, appliances, and related items belonging to the residents
of the premises. A garage or estate sale may be conducted as a home
occupation provided that not more than two (2) such sales not exceeding
two (2) days duration may be conducted on any residential lot or premises
during any twelve (12) month period.
(67) Gasoline or motor fuel service station. An establishment designed and constructed for the primary
function of dispensing motor vehicle fuels and lubricants and may
include as secondary functions the sale and installation of tires,
accessories, antifreeze and light automotive repair and maintenance.
(68) Gasoline sales. Facilities
offering motor fuel for sale on a “serve yourself” basis
and not including other customary service station functions.
(69) Golf course (commercial). A golf course, privately owned but open to the public for a fee
and operated as a commercial venture.
(70) Greenhouse or plant nursery (retail sales). An area or structure for the growing, display and sale,
at retail, of plants, flowers, trees and other plant materials and
the supplies for maintaining plant material.
(71) Height (building or structure). The vertical distance from the grade to the top of the highest roof
beam of a flat roof or the mean level of the highest gable or slope
of a hip roof. When a building faces on more than one (1) street,
the height shall be measured from the average of the grades at the
center of each street front.
(72) Heliport. A landing facility
for rotary wing aircraft subject to regularly scheduled use and may
include fueling or servicing facilities for such craft and subject
to approval by the City of Odessa.
(73) Helistop. A landing pad for
occasional and infrequent use by rotary wing aircraft not exceeding
a gross weight of 6,000 pounds and not for regularly scheduled stops
and subject to approval by the City of Odessa.
(74) Home for senior citizens or nursing home. A home where ill or senior citizens are provided with
lodging and meals with or without nursing care and which is operated
similar to a lodging house or resident hotel.
(75) Home occupation. An occupation
carried on in a residential dwelling and/or the related accessory
buildings as an incidental subordinate and accessory activity to the
primary use of the premises as a home wherein the following conditions
and standards are not exceeded:
(A) No person other than a member of the occupant’s family is engaged
or employed in the activity.
(B) No sign or display is used to advertise or identify the activity
or occupation.
(C) No commodity is offered for sale on the premises.
(D) No service other than tutoring or teaching of six (6) students or
less is offered on the premises.
(E) Not more than twenty-five (25) percent of the total floor area of
the main residential structure may be utilized for a home occupation
within the main residential structure and any accessory building.
(F) No machinery or equipment other than that customary to normal household
operation is used.
(G) No exterior storage of material, commodities or supplies related
to the home occupation shall occur on the premises.
(H) No increase in traffic, vehicle parking, noise, light, air contaminants
or odor shall be generated by the activity.
(76) Hospital (acute care). An
institution where sick or injured patients are given medical or surgical
treatment intended to restore them to health and an active life and
which is licensed by the State of Texas.
(77) Hospital (chronic care). An
institution where those persons suffering from illness, injury, deformity,
deficiency, or age are given care and treatment on a prolonged or
permanent basis and which is licensed by the State of Texas.
(78) Hostel, living quarters (others). A type use in which living quarters are provided for adult individuals
and/or families without individual dividing walls, and which may or
may not be under the general supervision or regulation of an established
manager or hosteler and which are distinguished from an apartment,
motel, hotel, boarding or tourist house which provided individual
living quarters for adult individuals and/or families. The zoning
district and regulations for a hostel use shall be applicable whether
or not the hostel is owned or operated for profit or by a religious,
charitable or philanthropic institution.
(79) Hotel or motel. A building
or group of buildings designed and occupied as a temporary dwelling
place of individuals. To be classified as a hotel or motel an establishment
shall contain a minimum of six (6) individual guest rooms or units
and shall furnish customary hotel services such as linen, maid service,
telephone use, and upkeep of furniture.
(80) Housing, special arrangement. Housing units arranged on the site in a manner differing from the
specific lot, yard, spacing, and access arrangement established for
the conventional residential districts including patio homes, cluster
housing, atrium homes, and staggered building line arrangements.
(81) Housing and urban development (HUD)-code manufactured
home. Means a structure constructed on or after
June 15, 1976, according to the rules of the United States Department
of Housing and Urban Development, transportable in one or more sections,
which, in the traveling mode, is eight (8) body feet or more in width
or forty (40) body feet or more in length; or when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems.
(82) Incidental or accessory retail and service uses. Retail or service uses, such as pharmacy, newsstand,
dining room, barber shop, or beauty shop located within an office,
high rise apartment, or similar structure where such retail or service
use is incidental to the primary use and designed and arranged to
serve the primary use.
(83) Jail or prison facility. A
facility that is used for the purpose of imprisonment of persons who
are charged with or convicted of law violations and who are not permitted
access into the community without guard supervision. The terms jail
or prison facility shall not include governmental facilities exempt
from zoning regulations.
(84) Kennel. An arrangement of
buildings and/or pens for the care, breeding and raising of dogs or
cats and involving facilities for five (5) or more dogs or cats.
(85) Kindergarten or nursery school. A school or child care establishment where over fifteen (15) children
are housed for care or training during the day or a portion of the
day.
(86) Laundry and cleaning (self-service). To be of the customer self-service type and not a commercial laundry
or cleaning plant.
(87) Legal height. The maximum
height of a building permitted by any airport zoning ordinance or
other ordinance restricting the height of structures.
(88) Lithographic shop and/or commercial printer. An establishment involving the printing and publishing
of books, magazines, newspapers, posters, and similar graphic material
in volume.
(89) Livestock auction. Barns,
pens and sheds for the temporary holding and sale of livestock.
(90) Living unit. The room or
rooms occupied by a family and must include cooking facilities.
(91) Local utility line. The facilities
provided by a municipality or a franchised utility company for the
distribution or collection of gas, water, surface drainage water,
sewage, electric power or telephone service including pad and pole
mounted transformers.
(92) Lot. A parcel of platted
land occupied or to be occupied by not more than one main building
and its accessory buildings, and including such open spaces as are
required under this ordinance and having its principal frontage upon
a public street or officially approved place.
(93) Lot coverage. The percentage
of the total area of a lot occupied by the base (first story or floor)
of buildings located on the lot or the area determined as the maximum
cross sectional area of a building.
(94) Lot depth. The mean distance
between the front and rear lot lines.
(95) Lot lines. The lines bounding
a lot as defined herein.
(96) Lot of record. A lot which
is (A) part of a subdivision, the plat of which has been recorded
in the office of the county clerk of Ector County; (B) a parcel of
land, the deed for which was recorded in the office of the county
clerk of Ector County prior to January 11, 1972; or (C) a parcel of
land shown on a site plan with respect to which a City of Odessa building
permit had been issued prior to January 11, 1972.
(97) Lot width. The width of a
lot at the front building line.
(98) Main building (residential). The building on a lot which is occupied by the primary residential
use. In a single-family residence area, the dwelling is the main building.
(99) Main building (retail or commercial). The building or buildings on a lot or tract which is
occupied by the primary use and to which any other building or use
is secondary or incidental.
(100) Maintenance and repair service for buildings. An establishment housing and offering building maintenance
and repair services including janitor service, painting, remodeling,
air conditioning, roofing, plumbing, heating and insulating.
(101) Mini-warehouse. A complex of small storage units which are rented or leased and which are arranged to be individually accessible to the lessee or renter. In the “MH” district, when approved by specific use permit, individual storage units shall not exceed three hundred sixty (360) square feet in area; no mini-warehouse building shall exceed twelve (12) feet in height and a paved surface area a minimum of twenty (20) feet wide shall be provided on the site connecting all exterior doors of a mini-warehouse building. The open storage of recreational vehicles and boats on a paved surface shall be permitted as an accessory use in conjunction with a mini-warehouse provided that such storage area is enclosed by an eight (8) foot high screening wall or fence as provided in section
14-11-2. When a mini-warehouse is located adjacent to the “SF-E,” “SF-1,” “SF-2,” “SF-3,” “SF-4,” “SPD,” “2F-1” or “2F-2” district, a screening wall having a minimum height of six (6) feet and meeting the provisions of section
14-11-1 shall be provided between the mini-warehouse and the adjacent residential district boundary line. Where the wall of a mini-warehouse contains no openings or access points, such solid wall may be considered as the equivalent of a screening wall.(109) Nonconforming use. A building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, or which was subsequently annexed to the city and which does not conform to the use regulations of the district in which it is situated. (See section
14-14-1)
(102) Mobile home. Means a structure
that was constructed before June 15, 1976, transportable in one or
more sections, which, in the traveling mode, is eight (8) body feet
or more in width or forty (40) body feet or more in length; or, when
erected on site, is three hundred twenty (320) or more square feet,
and which is built on a permanent chassis designed to be used as a
dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems.
(103) Mobile or HUD-manufactured home dwelling. A dwelling unit as hereinafter defined as a mobile or
HUD-manufactured home which is placed upon a platted lot, connected
to utilities and fixed to the site so as to comply with the area and
yard standards for a single-family detached dwelling and which complies
with all other building, sanitation and safety regulations of the
City of Odessa.
(104) Mobile or HUD-manufactured home park. A tract of land laid out and developed to provide spaces
for rent or lease as mobile home sites on a short or long-term basis
and which development and facilities comply with area and yard standards
prescribed in this ordinance and which facilities meet the minimum
standards of all other applicable building, sanitation and safety
regulations of the City of Odessa.
(105) Multiple-family dwelling (apartment). Any building or portion thereof, which is designed,
built, rented, leased, or let to be occupied as five or more dwelling
units or apartments; or which is occupied as a home or place of residence
by five or more families living in independent dwelling units.
(106) Municipal office building or city hall. The main administrative center for the municipal government
and any similar sub-centers which may be located in the city for the
convenience of the residents.
(107) New auto display and sales (indoors). An indoor establishment for the display and sale of
new automobiles and specifically not involving display of vehicles
outdoors.
(108) New or used auto sales (outdoor lot). The display and offering for sale of automobiles in
an open area visible from the street or from contiguous properties.
(109) Nonconforming use. A building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, or which was subsequently annexed to the city and which does not conform to the use regulations of the district in which it is situated. (section
14-14-1)
(110) Occupancy. The use or intended
use of the land or buildings by proprietors or tenants.
(111) Octave band. A portion of
the audible sound spectrum. An octave band analyzer divides the audible
sound spectrum into eight (8) octave bands.
(112) Odor threshold. The concentration
of odorous matter in the atmosphere necessary to be perceptible to
the olfactory nerve of a normal person. Determination of the odor
threshold is prescribed by A.S.T.M.D. 1391-57, standard method for
measuring odor in atmospheres.
(113) Office of planning and zoning commission. The office of the director of planning shall be the
office of the planning and zoning commission.
(114) Off-street parking, excess to minimum requirements. Off-street parking spaces provided on the lot or tract occupied by the main use, or for nonresidential uses, within three hundred (300) feet of such lot or tract, which parking spaces exceed the minimum requirements for the main use as specified in sections
14-9-1 and
14-9-2. All off-street parking located off the lot or tract on which the main use is located shall be limited to passenger vehicles and vehicles of not more than one (1) ton rated capacity.
(115) Off-street parking, required for primary use. Off-street parking spaces provided in order to satisfy the minimum off-street parking requirements specified by this ordinance in sections
14-9-1 and
14-9-2, and which are located on the lot or tract occupied by the main use, or for nonresidential uses, within three hundred (300) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent “P,” parking district.
(116) Oil field equipment rental or storage yard. An open area devoted to the storage of large oil field
equipment and the offering of same for rent.
(117) Open salvage yard for vehicles, machinery, or
materials. An open area where worn, wrecked,
or used vehicles, machinery, appliances, or used materials are collected,
stored, dismantled, or processed for salvage or reuse.
(118) Open space. Area included
in any side, rear, or front yard; or any unoccupied space on the lot
that is open and unobstructed to the sky except for the ordinary projections
of cornices, eaves, and/or porches. Open space may be occupied by
lawn area, plant material, drives, walks, pools, sculpture, uncovered
patios, paved areas, and similar uncovered yard appurtenances.
(119) Park or playground (public). An open recreational facility or park owned and operated by a public
agency such as the City of Odessa, Ector County, or Ector County Independent
School District and available to the general public.
(120) Park or playground (other than public sponsored). A park or playground developed and sponsored by a quasi-public
group or private agency for the benefit of specific groups, such as
“little league” baseball, or the public in general.
(121) Parking lot or structure (commercial). An area or structure devoted to the parking or storage
of motor vehicles for a fee. May include, in the case of a parking
structure only, a facility for servicing of motor vehicles, provided
such facility is primarily an internal function for use only by motor
vehicles occupying the structure and creates no special problems of
ingress or egress.
(122) Parking lot or structure (noncommercial). A lot or structure used for the parking of passenger
vehicles without a fee or where the cost of the service is included
as a privilege of association with the main use to which the parking
is considered accessory and/or supportive. Any parking structure shall
meet all of the requirements and standards applicable to the zoning
district in which it is located except that no parking structure shall
be located in an area covered by a “DR,” drill reservation
suffix unless agreement to such structure is reached between the surface
and mineral owners.
(123) Parking lot, trucks and trailers. An open area used for the parking of trucks exceeding one (1) ton
capacity and of transport trailers and prime movers.
(124) Parking space. An enclosed
or unenclosed all-weather surfaced area of lot less than one hundred
sixty (160) square feet (measuring approximately 9 feet by 18 feet)
not on a public street or alley, together with an all-weather surfaced
driveway connecting the area with a street or alley permitting free
ingress and egress to the street or alley. Any parking adjacent to
a public street shall not be classified as off-street parking in computing
the parking area requirements for any use.
(125) Particulate matter. Finely
divided solid or liquid matter, other than water, which is released
into the atmosphere.
(126) Petroleum or gas well. A well created for the extraction of oil or gas from subsurface strata and which well and related facilities are subject to the oil and gas ordinance, Article
4-14 of the City of Odessa Code of Ordinances.
(127) Pipe or oil field equipment repair yard. A primarily open area used for the storage of oil field
pipe or for the storage, repair and assembly of oil field equipment.
(128) Planning and zoning commission. The agency designated in the city charter as the planning and zoning
commission and appointed by the city council as an advisory body to
the city council and which is authorized to recommend changes in the
zoning.
(129) Playfield or stadium (public). An athletic field or stadium owned and operated by a public agency
for the general public, including a baseball field, golf course, football
field, or stadium.
(130) Private club. Facilities
where food, beverage, entertainment, and meeting space is provided
to specific membership only.
(131) Private garage. An accessory
building housing vehicles owned and used by occupants of the main
building; if occupied by vehicles of others, it is a storage space.
(132) Public building, shop or yard of local, state
or federal agency. Facilities such as office
buildings, maintenance yards and shops required by branches of local,
state or federal agencies for service to an area such as highway department
yard, city service center, experiment station, municipal or county
courts. This definition does not include jail or prison facilities,
detention half-way house or facilities exempt from zoning regulations.
(133) Railroad team track. A siding
for spotting and unloading or loading box cars or other railroad cars
and which area is connected to a public street by a drive for access.
(134) Railroad track and right-of-way. Land that is set aside for the use of a railroad to lay and/or operate
tracks, but not including railroad stations, sidings, team tracks,
loading facilities, docks, yards or maintenance areas.
(135) Recreational vehicle. A vehicular
type unit primarily designed as temporary living quarters for recreational
use, camping, or travel use; and as designated by the certificate
of title and license issued by the State of Texas which either has
its own motive power or is mounted on or drawn by another vehicle
and includes, but is not limited to, a travel trailer, camping trailer,
truck camper, or motor home.
(136) Recreational vehicle park. A tract of land laid out and developed to provide spaces for rent
or lease as recreational vehicle sites on a short or long-term basis
and which development and facilities comply with area and yard standards
prescribed in this ordinance and which facilities meet the minimum
standards of all other applicable building, sanitation, and safety
regulations of the City of Odessa.
(137) Reprographic service. An
establishment providing quick reproduction service for written material,
documents, reports, correspondence, drawings, and plans and providing
supplies related to production of such original material.
(138) Residence. Same as dwelling;
also when used with district, an area of residential regulations.
(139) Residence home for the elderly (retirement home). A building or buildings arranged and used as living
quarters for the elderly and containing living units for more than
three (3) individuals or couples. A residence home for the elderly
may contain health care facilities as an accessory function but is
not primarily a chronic care hospital.
(140) Restaurant or cafeteria (not drive-in type). An establishment serving food to the general public
in specific, designated dining areas and where food is not served
to persons in automobiles for consumption on the premises.
(141) Restaurant or eating establishment (drive-in-services). An establishment designed and constructed to serve food
for consumption on the premises in an automobile, and which may or
may not have on premises dining room or counter.
(142) Retail shop, apparel, gift, accessory and similar
items. Small retail shops, such as dress shops
or gift shops serving neighborhood areas as differentiated from department
stores or discount stores having community wide service importance.
(143) Retail or service use, miscellaneous. A retail or service operation not otherwise provided
for in this ordinance or by the procedures herein authorized for new
and unlisted uses.
(144) Sales outdoor, temporary. Open sales lots established for temporary periods for the sale of
seasonal commodities such as Christmas trees. In the retail district,
sales outdoor, temporary, shall be subject to a permit issued by the
building official for a specific period of time, not to exceed thirty
(30) days.
(145) Sales space contracting. A site where the primary use is to provide space to persons for the sale, trade, or barter of new or used merchandise, items, goods, chattels, or any service. Spaces for such activity may be rented, leased, or sold to vendors, sellers, or traders on a short or long term basis. Improvements on site may promote an open, semi-open, or developed atmosphere by the nature of the development. Such uses as noted above may be also known as an outdoor market, mercado, flea market, or similarly accepted terminology. The use, sales space contracting, is allowed by a specific use permit only and will be subject to such development standards as necessary pursuant to section
14-2-6 which conditions shall include the provision that all persons contracting for such space shall comply with all applicable State, Federal, and city laws and ordinances.
(146) School, business. A business
organized to operate for a profit; offering instruction and training
in a service or art such as secretarial school, barber college, beauty
school or commercial art school, but not including manual trade schools.
(147) School, public or denominational. A school under the sponsorship or a public or religious agency having
a curriculum generally equivalent to a public elementary or secondary
school, but not including trade or commercial schools.
(148) School, trade, technical, or commercial. A business organized to operate for a profit and offering
instruction and training in a trade such as welding, brick laying,
machinery operation, and/or similar trades.
(149) Single-family dwelling (attached). A dwelling which is joined to another dwelling at one or more sides
by a party wall or abutting separate wall and which is designed for
occupancy by one family and is located on a separate lot delineated
by front, side, and rear lot lines, and which lot has access to a
public street, way, or easement.
(150) Single-family dwelling (detached). A dwelling designed and constructed as a freestanding structure
for occupancy by one family and located on a lot or separate building
tract and having no physical connection to a building located on any
other lot or tract and occupied by one family. In a platted subdivision,
only one single-family detached dwelling together with permitted accessory
buildings may be located on a platted lot.
(151) Smoke. The visible discharge
of particulate matter from a chimney, vent, exhaust, or combustion
process.
(152) Stable, private. An accessory
building for quartering horses when the stable building is set back
from all adjacent property lines at least fifty (50) feet and one
hundred (100) feet away from any dwelling on any adjacent lot and
when the site contains a minimum area of one (1) acre.
(153) Stack space. A paved drive
leading off the public street, leading to a point or points where
people are provided service while seated in an automobile such as
a drive-in bank teller window or a carry-out food service window.
(154) Story. That portion of a
building included between the upper surface of a floor and the upper
surface of the floor or roof next above. For the purpose of measuring
height of a building, a story shall be ten (10) feet.
(155) Street. Any thoroughfare
or public driveway, other than an alley, and more than thirty (30)
feet in width, which has been dedicated or deeded to the public for
public use.
(156) Street line. A dividing line
between a lot, tract, or parcel of land and a contiguous street, the
right-of-way line.
(157) Stormwater retention basin or pumping station. A reservoir, lake, pond, or playa designated for temporary
storage of surface water during periods of heavy runoff together with
any pumping facilities, tanks, gates, or similar structures related
to drainage operations.
(158) Structure. Generally same
as building but includes any construction which projects above the
ground level a distance of forty (40) inches or more.
(159) Structural alterations. Any
change in the supporting member of a building, such as a bearing wall,
beam or girder.
(160) Swim or tennis club. A facility
similar to a country club (50) but providing only swimming facilities
and/or tennis facilities to specific private membership.
(161) Swimming pool or tennis complex (commercial). A swimming pool or tennis complex along with accessory
facilities which are not part of a municipal, public, or private club
system but where the facilities are available to the general public
for a fee.
(162) Swimming pool (private). A
swimming pool constructed for the exclusive use of the residents of
a one-family, two-family, or multiple-family dwelling and located
and fenced in accordance with the regulations of the City of Odessa.
A private swimming pool shall not be operated as a business.
(163) Tavern or lounge. An establishment
where the primary activity of which is the sale and consumption on
the premises of beer, wine, or other liquors and where food service,
if any, is secondary to the sale of wine, beer, or other liquors.
(164) Telephone exchange-switching relay or transmitting
station only. An office or building designed
to hold telephone exchange, switching, or transmitting equipment,
but not including public business facilities, storage or repair facilities.
(165) Temporary field office, construction yard or office. A structure, shelter, or enclosure used in connection
with a development or building project for on-site housing or sheltering
of administrative and supervisory functions and employees, and for
storing equipment and building supplies. A permit for an on-site temporary
field or construction office or yard shall be issued for the specific
construction period and expire upon completion of the construction
set forth by the building permit. The office or yard shall be removed
within thirty (30) days of the issuance of a certificate of occupancy
for the project.
(166) Theater, drive-in (outdoor). A facility developed in the open and arranged so that patrons may
view and hear a motion picture on a screen or a performance on a stage
while seated in their automobiles or in outside seating.
(167) Theater or playhouse (Indoor). A building including a stage or screen for the projecting of motion
pictures or presenting theatrical performances to the public.
(168) Three or four-family dwelling. A single building designed and constructed with three or four living
units under a single roof for occupancy by three or four families
and located on a single lot or tract. (A quadruplex.)
(169) Tool rental, domestic, small equipment. An establishment displaying and offering for rent equipment
for domestic maintenance and improvement including cleaners, mowers,
ladders, tillers, cement mixers, wheelbarrows, paint spraying equipment,
and similar items.
(170) Toxic and noxious matter. Any solid, liquid, or gaseous matter which is present in sufficient
quantities to endanger the health, safety, and comfort of persons
in the vicinity, or which may cause injury or damage to property.
(171) Truck and trailer rental. An area or structure for storing and displaying trucks and trailers
which are offered for rent for a fee.
(172) Two-family dwelling (duplex). A single building structure designed and constructed with two living
units under a single roof for occupancy by two families and located
on a single lot or tract held under one ownership. (A duplex.)
(173) Utility shop, storage yard or building (private). Facilities of private utility companies such as the
gas, or electric company for storage of poles, pipes and equipment
and buildings for maintenance and administration.
(174) Variance. An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel or property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. (See section
14-15-1(d))
(175) Vibration. A periodic displacement
of the earth measured in inches.
(176) Wind energy conversion system. A device that converts wind movement into mechanical or electrical energy, including but not limited to, a tower of any configuration with a movable blade assembly and electrical or mechanical controls. (Mandatory development standards are set out in Article
3-9 of the City of Odessa Code of Ordinances.)
(177) Workforce housing. Accommodations
consisting of an area of land occupied by five (5) of more portable
housing units, mobile homes, travel trailers or any other movable
structure(s) serving as housing exclusively or primarily for construction,
industrial, or oilfield related workers and which often provide accessory
units for one of the following: common restroom/showering facilities,
and/or eating facilities, and which may only be utilized by persons
housed in the workforce housing unit. If there is a question as to
whether the portable housing units constitute one of the following,
it shall be considered workforce housing: “mobile homes,”
“recreational vehicles,” “mobile or HUD-manufactured
home dwellings” or “mobile or HUD manufactured home park”
as defined in this section of the City of Odessa zoning ordinance.
(178) Yard. An open space other
than a court, on the lot in which a building is situated and which
is not obstructed from a point forty (40) inches above the general
ground level of the graded lot to the sky, except as provided for
roof overhang and similar architectural features, plant material,
sculpture, ornamental features, and customary yard appurtenances.
(179) Yard, front. An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. (See illustrations in sections
14-7-9(7) and
14-7-5.)
(180) Yard, rear. An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated. (See illustration in section
14-7-9(7).)
(181) Yard, side. An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line. (See illustrations in sections
14-7-9(7) and
14-7-8(d).)
(182) Zero lot line. The arrangement
resulting from placing a dwelling on or near one side lot line and
accumulating all of the total side yard space between the other side
lot line and the dwelling.
(183) Zoning board of adjustment. The zoning board of adjustment provided for in section
14-15-1.
(184) Zoo (private). A facility
housing and displaying live animals, reptiles or birds, privately
owned and operated for a fee or for the promotion of some other enterprise.
(185) Zoo (public). A publicly
owned zoo or similar facility owned and operated by the city, county
or nonprofit zoological society where live animals, birds and reptiles
are domiciled and displayed.
(186) Market (Outdoor). An outdoor
area with spaces for short-term or long-term lease by vendors such
as food trucks, farm fresh produce vendors, cottage foods, etc.
(b) The
following words and phrases used in the section historic landmark
and district shall have the following meaning:
(1) Alteration. Any construction,
reconstruction, or change of the exterior of an object, site, or structure.
Alteration includes but is not limited to: changing of roofing or
siding materials; changing, eliminating, or adding doors, door frames,
windows, window frames, shutters, fences, railings, porches, balconies,
signs, landscaping, sidewalks, driveways, or other ornamentation.
For any structure designated as a landmark, this definition may include
exterior paint.
(2) Architectural control. Regulations
governing the appearance or architectural style of buildings or structures.
(3) Building. A building, such
as a house, barn, church, hotel, or similar construction that is created
to shelter any form of human activity. Building also may be used to
refer to a historically and functionally related unit, such as a courthouse
and jail or a house and barn.
(4) Certificate of appropriateness. A certificate issued by the commission confirming that the commission
has approved an application to make changes in a landmark or historic
district.
(5) Commission. The City of Odessa
historic preservation commission.
(6) Comprehensive historic preservation plan. A document that integrates the various preservation
activities and gives them coherence and direction, as well as relates
the community’s preservation efforts to community development
planning as a whole.
(7) Construction. The act of
adding an addition to an existing structure or the erection of a new
principal or accessory structure on a lot or property.
(8) Demolition. Any act or process
that destroys, razes, or permanently impairs the exterior structural
integrity in whole or in part of an object, site, or structure.
(9) Design review. The decision-making
process conducted by an established review committee of a local government
that is guided by the terms set in the historic preservation ordinance.
(10) Design review guidelines. These are a set of guidelines adopted by the commission that details
acceptable alterations of designated properties.
(11) District. A district possesses
a significant concentration, linkage, or continuity of sites, buildings,
structures, or objects united historically or aesthetically by plan
or physical development.
(12) Effect. A change in the quality
of the historical, architectural, archaeological, or cultural significance
of a resource, or in the characteristics that qualify the resource
as historically important or significant.
(13) Effect, adverse. A negative
change in the quality of the historical, architectural, archaeological,
or cultural significance of a resource, or in the characteristics
that qualify the resource as historically important or significant.
(14) Enabling legislation. State
legislation that grants certain authority to local governments so
that they may direct the development of their communities. Chapter
211, municipal zoning authority, is the legislation that enables municipalities
in Texas to zone and designate historic landmarks and districts as
part of the comprehensive zoning plan.
(15) Historic district. An area
(excluding public right-of-way) which has a definable geographic boundary,
having historical, cultural, or archaeological significance, and which
may have within its boundaries other objects, sites, and structures,
including accessory buildings, fences and other appurtenances, that,
while not of such historical, cultural, architectural or archaeological
significance to be designated a landmark, nevertheless contributes
to the overall visual setting or character of the landmark(s) located
within the district and is designated or approved pursuant to the
ordinance.
(16) Historic landmark. A landmark
designated and approved pursuant to the ordinance.
(17) Historic property. A district,
site, building, structure, or object significant in American history,
architecture, engineering, archeology, or culture at the national,
state, or local level and located within a designated historic district.
(18) Historic resource. This generally
is the same as a historic property. It includes architectural, historical,
and archeological properties as well as landscape features.
(19) Intensive survey. A systematic
detailed examination of an area designed to gather information about
historic properties sufficient to evaluate them against predetermined
criteria of significance.
(20) Integrity. The authenticity
of a property’s historic identity, evidenced by survival of
physical characteristics that existed during the property’s
historic or prehistoric period.
(21) Inventory. A list of historic
properties that have been identified and evaluated as meeting specified
criteria of significance.
(22) Landmark. This refers to
any individual building, structure, or object that is significant
for historical, architectural, or archeological reasons.
(23) Object. A material thing
of functional, aesthetic, cultural, historical, archaeological, or
scientific value that may be, by nature or design, movable, yet be
related to a specific setting or environment.
(24) Ordinary maintenance. The
process of cleaning (including stripping, but not including sand or
water blasting), painting, replacing with like materials, duplicating
original materials or stabilizing deteriorated or damaged architectural
features (including roofing, windows, and columns) in order to maintain
the Structure in compliance with the guidelines for the specific landmark
or historic district.
(25) Overlay zones. A set of zoning
requirements that is described in the ordinance text, is mapped, and
is imposed in addition to those of the underlying district. Development
within the overlay zone must conform to the requirements of both zones
or the more restrictive of the two.
(26) Preservation. The act or
process of applying measures to sustain the existing form, integrity,
and material of a building or structure, and the existing form and
vegetative cover of a site. It may include initial stabilization work,
where necessary, as well as ongoing maintenance of the historic building
materials.
(27) Preservation planning. This
refers to the planning for the continued identification and evaluation
of historic properties and for their protection and enhancement.
(28) Property, contributing. Based
on an approved survey, a resource in an historic district that contributes
to the district’s design, setting, materials, workmanship, feeling,
and association; and which shall be afforded the same consideration
as landmarks.
(29) Reconstruction. The act or
process of reassembling, reproducing, or replacing by new construction,
the form, detail, and appearance of a property and its setting as
it appeared at a particular period of time by means of the removal
of later work, or by the replacement of missing earlier work, or by
reuse of original materials.
(30) Rehabilitation. The act or
process of returning a property to a state of utility through repair
or alteration.
(31) Relocation. A change in the
location of an object or structure from its original setting.
(32) Resource. A source or collection
of objects, sites, structures, or areas that exemplify the cultural,
social, economic, political, archaeological, or architectural history
of the nation, state, or city.
(33) Restoration. The act or process
of accurately recovering the form and details of a property and its
setting as it appeared at a particular period of time by means of
the removal of altered work or by the replacement of missing earlier
work.
(34) Site. A site is the location
of a significant event, a prehistoric or historic occupation or activity,
or a building or structure, whether standing, ruined, or vanished,
where the location itself possesses historical, cultural, or archeological
value regardless of the value of any existing structure.
(35) Special district. A district
established to accommodate a narrow or special set of uses or for
special purposes. The term can signify any district beyond the conventional
residential, commercial, industrial, and agricultural districts. Examples
include historic preservation districts.
(36) Structure. The term structure
is used to distinguish from buildings those functional constructions
made usually for purposes other than creating shelter.
(37) Zoning district map. The
official certified map upon which the boundaries of the various zoning
districts, in the City of Odessa, are drawn.
(c) The
following words and phrases used in the section sexually oriented
business shall have the following meaning:
(1) Adult arcade. Any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled,
still or motion picture machines, projectors, or other image-producing
devices are maintained to show images to five (5) or fewer persons
per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of “specified
sexual activities” or “specified anatomical areas.”
(2) Adult bookstore or adult video store. A commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(A) Books, magazines, periodicals, printed matter, photographs, films
motion picture, video cassettes, video reproductions, slides, or other
visual representations which depict or describe “specified sexual
activities” or “specified anatomical areas”; or
(B) Instruments, devices, or paraphernalia which are designed for use
in connection with “specified sexual activities.” A commercial
establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing
“specified sexual activities” or “specified anatomical
areas” and still be categorized as an adult bookstore or adult
video store. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an adult
bookstore or adult video store so long as one of its principal business
purposes is the offering for sale or rental for consideration the
specified materials which depict or describe “specified sexual
activities” or “specified anatomical areas.” A principal
business purpose need not be a primary use of an establishment so
long as it is a significant use based upon the visible inventory or
commercial activity of the establishment.
(3) Adult cabaret. A nightclub,
bar, restaurant, or similar commercial establishment which regularly
features:
(A) Persons who appear in a state of semi-nudity; or
(B) Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”;
or
(C) Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
(4) Adult motel. A hotel, motel
or similar commercial establishment which offers accommodations to
the public for any form of consideration; and provides patrons with
closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which are characterized
by the depiction or description of “specified sexual activities”
or “specified anatomical areas”; and
(A) Has a sign visible from the public right-of-way which advertises
the availability of the adult type of photographic reproductions;
or
(B) Offers a sleeping room for rent at a rate that is for a period of
time that is less than ten (10) hours; or
(C) Allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than ten (10) hours.
The terms “rent” or “subrent” mean the
act of permitting a room to be occupied for any form of consideration.
(5) Adult motion picture theater. A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
(6) Adult theater. A theater,
concert hall, auditorium, or similar commercial establishment which
regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of “specified
anatomical area” or by “specified sexual activities.”
(7) Chief of police. The chief
of police of the City of Odessa or their designated agent.
(8) Customer. Any person who:
(A) Is allowed to enter a sexually oriented business in return for the
payment of an admission fee or any other form of consideration; or,
(B) Enters sexually oriented business and purchases, rents, or otherwise
partakes of any merchandise, goods, entertainment or other services
offered therein; or,
(C) Is a member of and on the premises of a sexually oriented business
operating as a private club.
(9) Employee. Any person who
renders any work or service in the scope of employment, or pursuant
to a contract as a contractor, for a sexually oriented business for
pay.
(10) Escort. A person who, for
consideration, agrees or offers to act as a companion, guide, or date
for another person, or who agrees or offers to privately model lingerie,
or to privately appear in a state of semi-nudity, or to perform in
a manner characterized by the exposure of “specified anatomical
areas” or by “specified sexual activities.”
(11) Escort agency. A person or
business association who furnished, offers to furnish, or advertises
to furnish escorts as one of its primary business purposes, for a
fee, tip, or other consideration.
(12) Establishment. Includes any
of the following:
(A) The opening or commencement of any sexually oriented business as
a new business;
(B) The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(C) The addition of any sexually oriented business to any other existing
sexually oriented business; or
(D) The relocation of any sexually oriented business.
(13) Licensee. A person in whose
name a license to operate a sexually oriented business has been issued,
as well as the individual listed as an applicant on the application
for a license.
(14) Nude model studio. Any place
where a person who appears in a state of semi-nudity or displays “specified
anatomical areas” is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration. However, it shall
not be considered a nude model studio, if it is operated under the
following circumstances:
(A) By a proprietary school licensed by the State of Texas; a college,
junior college, or university supported entirely or partly by taxation;
or
(B) By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(15) Operates or causes to be operated. To cause to function or to put or keep in operation. The following
persons operate or cause to be operated a sexually oriented business:
(C) A person who performs any of the following activities:
(i)
Operates a cash register cash drawer or other depository on
the premises;
(ii)
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services;
(iii)
Delivers or provides to any customer any merchandise, goods,
entertainment or other services that are offered on the premises;
or
(iv)
Acts as a door attendant to regulate entry of customers or other
persons into the business.
(D) A person who supervises or manages other persons in the performance
of any of the activities in the above subsection.
(16) Owner or part owner. The
proprietor if a sole proprietorship, any and all general partners
if a partnership, a member of any association, or the corporation
if a corporation.
(17) Person. An individual, proprietorship,
partnership, corporation, association, or other legal entity.
(18) Premises. The parcel of land
where a sexually oriented business is located and all buildings and
improvements located on the parcel of land that are used in the operation
of the sexually oriented business.
(19) Residential district. A single-family
estate (SF-E), single-family residence-1 (SF-1), single-family residence-2
(SF-2), single-family residence-3 (SF-3), single-family residence-4
(SF-4), special dwelling (SPD), two-family residence-1 (2F-1), two-family
residence-2 (2F-2), general residence (GR), four family residence
(4-F), multiple family residence-1 (MF-1), multiple family residence-2
(MF-2), mobile home (MH), planned development-housing (PD-H), as defined
in the zoning ordinance of the City of Odessa, as now adopted or as
hereinafter amended.
(20) Residential use. A single-family
dwelling, two-family dwelling, multiple family dwelling, three or
four family dwelling, boarding or tourist house, residence home for
elderly, fraternity or sorority, mobile home dwelling, housing special
arrangement hostel, hotel, motel use as defined in the Odessa zoning
ordinance.
(21) Semi-nude or semi-nudity. A state of dress which fails to opaquely cover the human buttock,
anus, genitals, pubic region, or the female breast below the top of
areola, as well as portions of the body covered by supporting straps
or devices. Body paint, body dyes, tattoos, liquid latex, whether
wet or dried, and similar substances shall not be considered an opaque
covering.
(22) Sexual encounter center. A
business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
(A) Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
(B) Activities between male and female persons and/or persons of the
same sex when one or more of the persons is in a state of semi-nudity,
including “tub clubs” or “exotic tan centers.”
(23) Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency,
nude model studio, or sexual encounter center.
(24) Specified anatomical areas. Includes any of the following:
(A) Less than completely and opaquely covering:
(i)
Human genitals, public region, or public hair; or
(iii)
Any part of the female breast below the top of the areola
(B) Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
(25) Specified sexual activities. Includes any of the following:
(A) The fondling or other erotic touching of human genitals, public region,
buttocks, anus, or female breasts;
(B) Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of or in connection with any of the activities
set forth in (1) through (3) above.
(26) Substantial enlargement of a sexually oriented
business. The increase in floor area occupied
by the business by more than twenty-five (25) percent, as the floor
area exists as of the date of adoption of this ordinance.
(27) Transfer of ownership or control of a sexually
oriented business. Includes any of the following:
(A) The sale, lease, or sublease of the business;
(B) The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
(C) The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(d) The
following words and phrases used in the section Sign Regulations shall
have the following meaning:
(1) Apartment, housing project, or mobile home park
identification, sign. A permanent on-site sign
for the identification of an apartment building, housing complex,
or mobile home park subdivision on which the sign is placed and/or
displaying the name, services, or activities offered.
(2) Apartment or housing project information, sign. A small sign providing direction for access or parking
of vehicles or direction to the office or the manager of the project,
and may include public safety signs such as fire lane, no parking,
or pedestrian designations.
(3) Area, sign. The net geometrical
area enclosed by the display surface of the sign, including the outer
extremities of the framework of the sign, except sign support. Only
one side of a double-faced sign is measured in calculating sign area
or object. (See figures 1a, 1b, and 1c.)
(4) Banner. A display composed
primarily of cloth, paper, fabric, or other similar nonrigid material,
supported by wire or rope which is tied or affixed to a building.
(See figure 7)
(5) Banner, sign. A sign affixed
to a banner.
(6) Billboard, sign. Any sign
which directs the attention of the traveling public to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
(7) Billboard, electronic. An
off-premise sign on which the message or copy can be electronically
changed by remote or automatic means.
(8) Canopy. A permanent roof-like
shelter extending from part or all of a building or independent of
a building. (See figure 6)
(9) Canopy, awning, sign. A sign
affixed to or supported by a canopy/awning. (See figure 6)
(10) Clearances, sign. The vertical
distance measured from the grade directly below the sign to the bottom
of the sign structure enclosing the sign face. (See figure 4)
(11) Construction, temporary, sign. A temporary accessory sign identifying any or all of the property
owners, architects, mortgagees, or other participants in the construction
or improvement of the premises on which the sign is located.
(12) Development, temporary, sign. A temporary sign related to the identification and promotion of
new developments, projects, and buildings; and located on the premises
on which the building or project is situated.
(13) Directional, sign. A sign
which contains only information designed to direct pedestrian or vehicular
traffic to the location of a facility on the property on which the
sign is located. Such signs may include arrows, words, or symbols.
No goods or services for sale may be listed.
(14) Flag, sign. A sign made of
cloth or bunting, or other similar nonrigid material, often attached
to a pole, with definite colors, patterns, and words advertising the
business and limited to fifteen (15) square feet per flag.
(15) Freestanding, sign. A sign
which is attached to or a part of a completely self-supporting structure
such as a frame or a pole. The supporting structure is not attached
to any building or any other structure and is anchored firmly to or
below the ground surface.
(16) General business (commercial), sign. A sign or display which identifies a business located on the premises
or which advertises or promotes a commodity or service offered on
the premises where such sign is located, and may include name of the
establishment or business offering such commodities, services or activities.
(17) Government, sign. A sign
indicating public works projects, public services or other programs
or activities conducted or required by any governmental functions.
(18) Ground, sign. Any sign which
is attached to either the ground or to a footing set flush with the
ground with a maximum height not to exceed 42 inches above adjacent
grade.
(19) Height, sign. The vertical
distance between the highest point of the sign or its supporting structure
and the grade directly below the sign (See figure 2)
(20) Institutional identification, sign. A sign for the identification of a school, university, church, hospital,
or similar public or quasi-public institution.
(21) Institutional information, sign. A sign erected on the premises of the institution to provide information
as to the program and services of the institution or to provide direction
for access, parking of vehicles, or guidance to various elements or
units; or to provide public safety information.
(22) Name plate, sign. A sign
showing only the name and/or address of the occupant of a premises
on which the name plate is located.
(23) Neighborhood crime watch, sign. A sign which indicates that a specific area or block is under neighborhood
surveillance for crime.
(24) Office identification, sign. A sign which identifies any or all of an office building or the
owners, occupants or tenants and the services related thereto.
(25) Political, sign. A temporary
sign announcing or supporting political candidates or issues in connection
with any national, state or local election.
(26) Portable, sign. See Article
3-14 of the City of Odessa Code of Ordinances for portable sign information.
(27) Projecting, sign. A sign
which is attached or affixed to a building, wall or structure other
than a pole and which extends more than fifteen inches (15") from
such wall or structure.
(28) Real estate (temporary), sign. A sign pertaining to the sale or lease of the premises, or a portion
of the premises, on which the sign is located.
(29) Retail shopping (mall, strip)/office center. A group of four (4) or more retail, office, and/or commercial
establishments and which is planned and developed (common access and
parking) as a unit and which is related in its location, size, and
type of shops to the trade area that the unit serves.
(30) Roof, sign. A sign erected
upon or above the roof of a building.
(31) Setback, sign. The horizontal
distance between a sign and the front property line, as measured from
that part of the sign, including its extremities and support, nearest
to any point on any imaginary vertical plane projecting from the front
property line (See figure 3)
(32) Sign. Means an outdoor structure,
sign, display, light device, figure, painting, drawing, message, plaque,
poster, billboard, or other thing that is visible from a public street
and designed, intended, or used to advertise or inform.
(33) Visibility clearance areas. Visibility clearance areas are triangular shaped areas located at
the intersection of street right-of-ways and the intersection of street
and driveway. The sides of the triangle extend twenty five (25) feet
from the intersection of vehicle travel areas for street intersection,
and fifteen (15) feet for intersections of streets and driveways.
(See figure 5; includes clearance areas for ground and freestanding
signs)
(34) V-type, sign. A sign structure
composed of two (2) signs with the faces oriented in opposing directions
and in the general shape of the letter “V”; provided,
however, that only one (1) face can be viewed from any one (1) direction
from any public street, and with a maximum angle between the faces
of sixty (60) degrees (See figure 1)
(35) Wall, sign. A sign which
is painted on or attached directly to a fence or a building surface
of masonry, concrete, frame or other materials, including window areas
(translucent areas which are visible from the street), that extends
not more than fifteen (15) inches from the face of the fence or wall.
(e) The
following words and phrases used in the section noncommercial sign
regulations shall have the following meaning:
(1) Commercial sign. A sign with
a message placed or caused to be placed before the public by a person
or business enterprise involved that
(A) Refers to the offer for sale or existence for sale of products, property,
accommodations, services, attractions, or activities; or
(B) Attracts attention to a business or to products, property, accommodations,
services, attractions, or activities that are offered or exist for
sale or hire.
(2) Drill reservation. Any drill
site or reservation in any zoning district.
(3) Noncommercial sign. A sign that is not a commercial sign and is subject to the regulations of section
14-10-4.
(4) Other noncommercial sign. Any other sign referenced in the zoning ordinance, such as “name plate,” which has a noncommercial message and is subject to other provisions of the zoning ordinance and not section
14-10-3.
(5) Residential lot. Any area
in a residential district except for drill reservations.
(6) Nonresidential lot. Any area
in a nonresidential zoning districts listed in the zoning ordinance
as FD, U, P, O, MC, NS, R, R-1, CB-1, CB-2, LC, HC, LI, HI, and PD.
(f) The
following words and phrases used in the section wireless communications
shall have he following meaning:
(1) Alternative tower structure. Sometimes referred to as “structure” shall mean a building,
clock tower, bell steeple, light pole, and similar alternative antenna
mounting structures.
(2) Antenna. Any exterior apparatus
designed for wireless communication through the sending and/or receiving
of electromagnetic waves.
(3) Antenna support structures. Sometimes referred to as “towers,” shall mean as follows:
(4) Monopole antenna structure. A self-supporting pole type structure with no guy wire support,
tapering from base to top and so designed to support fixtures which
hold one or more antennas and related equipment for wireless telecommunication
transmission; or
(5) Lattice antenna structure. A steel lattice, self-supporting structure with no guy wire support,
so designed to support fixtures which hold one or more antennas and
related equipment for wireless communication transmission; or
(6) Guyed lattice antenna structure. A steel lattice, guy wire supported structure, so designed to support
fixtures which hold one or more antennas and related equipment for
wireless communication transmission.
(7) Backhaul provider. A company
that provides a hardline, cable, or other such medium with which a
wireless call either ends or starts.
(8) Conforming commercial earth station. A satellite Earth station that is two meters (6.6 feet) or less
in diameter and is located in an area where commercial or industrial
uses are generally permitted under state or local land-use regulations.
Such an area would not extend to those portions of a site where most
land uses are forbidden or severely restricted, such as, for example,
street areas, utility easements, visibility triangles, yards and SF
buffer yards.
(9) FAA. The Federal Aviation
Administration.
(10) FCC. The Federal Communications
Commission.
(11) Satellite earth station. An
antenna, usually parabolic in shape, designed and intended for transmitting
or receiving television, radio or microwave signals to or from earth
satellites. This definition does not include a small antenna.
(12) Small antenna. Includes the
following: (A) an antenna that is designed to receive direct satellite
service, including direct-to-home satellite service, that is one meter
(3.3 feet) or less in diameter, (B) an antenna that is designed to
receive video programming services via multipoint distribution services,
including multichannel multipoint distribution services, instruction
television fixed services, and local multipoint services, and that
is one meter (3.3 feet) or less in diameter or diagonal measurement,
(C) an antenna that is designed to receive television broadcast signals,
(D) an antenna for a ham radio operator, or (E) an antenna designed
to receive direct satellite service that is ten (10) feet or less
in diameter or diagonal measurement is constructed on the ground to
the rear of the principal building, and the top of the antenna does
not extend above the peak of the roof.
(13) Structure. The same as alternative
tower structure.
(14) Tower. Any structure that
is designed and constructed primarily for the purpose of supporting
one or more antennas, including self-supporting lattice towers, guy
towers, or monopole towers.
(15) Unmanned equipment building. An accessory building housing electronic and communication equipment
as an associated and permitted part of a wireless communication system.
(16) Wireless communication system. Any system for which a person is required to obtain a permit as provided in section
14-6-1(a)(1).
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)