City of Odessa, TX ARTICLE 14-19 DEFINITIONS

§ 14-19-1 Definitions.

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:

(A) Owner or part owner;

(B) Licensee or applicant;

(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

(ii) Buttock, 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)