El Paso City Zoning Code
ARTICLE VII
C-1 Central Business District
§ 315-58 Purpose.
It is the intent and purpose of this article to provide regulations for the Central Business District to encourage its continued use and development.
§ 315-59 Permitted uses.
No building or premises shall be used and no building shall be erected or altered hereafter within any C-1 Central Business District, unless otherwise provided in this chapter, except for the following uses:
A.
Any use permitted in the Residential RC District, subject to the restrictions therefor set forth in Article VI.
B.
Bakeries employing not more than eight persons.
C.
Banks.
D.
Barbershops, beauty parlors.
E.
Business and professional offices.
F.
Catering establishments.
G.
Comfort stations.
H.
Dancing academies.
I.
Dressmaking establishments employing not more than eight persons.
J.
Repair shops and services for home appliances employing not more than eight persons.
K.
Employment agencies.
L.
Plumbing shops.
M.
Hotels.
N.
Laundries or dry-cleaning plants employing not more than eight persons.
O.
Laboratories.
P.
Locksmith shops.
Q.
Lodge halls.
R.
Messenger and telegraph services.
S.
Millinery shops.
T.
Painting and decorating shops.
U.
Photography studios.
V.
Government offices; post offices.
W.
Printing shops.
X.
Roofing and plastering shops, with no open storage.
Y.
Restaurants, lunchrooms and cafeterias, and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds, including alcoholic beverages, but excluding drive-ins.
Z.
Sharpening or grinding shops.
AA.
Stores and shops for the conduct of retail business.
BB.
Shoe repair shops.
CC.
Signs only identifying the business, service or products available on the premises, provided that such signs shall not project over the property line; and shall not exceed in total area two times the lineal feet of street frontage of the establishment, not more than 40 square feet per establishment; and shall not project above the top of the parapet or, if a freestanding sign, shall not exceed 35 feet in height; and shall not be placed, maintained, displayed or lighted in such a manner as to hide from view or interfere with the movement of traffic or diminish the effectiveness of any traffic-control device. No flashing signs or rotating beacons shall be permitted.
DD.
Small engine and recreational vehicle sales and repair shops.
[Added 5-20-2013 by Ord. No. 944]
EE.
Storage buildings, including buildings containing items owned by the property owner and storage buildings used to lease space to third parties, such as rental storage units.
[Added 2-16-2009 by Ord. No. 884]
FF.
Studios.
GG.
Tailor shops employing not more than five persons.
HH.
Taverns and liquor stores.
II.
Telephone exchanges.
JJ.
Undertaking establishments.
KK.
Upholstery shops.
LL.
New and used vehicle sales and repairs, including any business necessary or related thereto.
[Added 3-6-2017 by Ord. No. 999]
§ 315-60 Special uses.
The following uses shall be permitted only upon the review of the application and approval of detailed site plans by the Zoning Board:
A.
Gasoline and oil stations; public garages; car wash. All gasoline pumps or appliances for dispensing motor fuel shall be located not less than 13 feet from the street right-of-way. No banners, flags, pennants, whirligigs or other advertising devices shall be permitted. All products, appliances and parts for sale shall be stored and displayed only within the building or in permanent storage cabinets, the location of which shall be shown on the site plan. No such use shall be approved within 300 feet of any church, school or public park. The Zoning Board of Appeals shall find that the entrances and exits thereto will not create any undue hazard to vehicles or pedestrians; that any such establishments shall have adequate off-street car waiting space for the type of establishment involved; and that there will be adequate supervisory personnel on the premises at all times that the establishment is open to the public.
[Amended 2-6-2017 by Ord. No. 994]
B.
Self-service laundries and dry-cleaning establishments. To grant such a use, the Zoning Board of Appeals shall find that there will be adequate supervision on the premises at all times that the establishment is open to the public.
§ 315-61 Use of commercial building as dwelling.
[Added 1-5-2015 by Ord. No. 966]
A.
Buildings in a commercial zoning district may be used as a dwelling only as permitted in Subsection A(1) through (3) below:
(1)
Primary commercial use. A commercial building may be used as a dwelling under this Subsection A(1) only upon compliance with all of the following:
(a)
During all periods of occupancy, the primary use of the building shall be a commercial use permitted under Article VII. "Primary use" shall be defined as having more than 50% of the square footage of the first floor of the building used for commercial uses permitted under Article VII, with said business use being located in the portion of the building nearest the street.
(b)
All dwelling occupants are the owner of the real estate, owners or employees of the business or business operating on the real estate, or a temporary occupant, where a "temporary occupant" is defined as an individual who may dwell in the building fewer than five days per month.
(c)
The building shall be in compliance with Chapter 302, Water and Sewers, of the El Paso Municipal Code relating to waterworks and sewerage systems, and shall be in all respects safe for occupancy and use as a dwelling. The basement of any commercial buildings located on Front Street between North Cherry Street on the east and North Sycamore Street on the west shall not be occupied as a residence.
(2)
Second-story residence. Any portion or all of the second story of a commercial building may be used as a dwelling, provided the second story shall be in compliance with Chapter 302, Water and Sewers, of the El Paso Municipal Code relating to waterworks and sewerage systems, and shall be in all respects safe for occupancy and use as a dwelling.
(3)
Primary residential use. A commercial building primarily used as a dwelling and/or residential rental unit is permitted only upon compliance with Subsection A(3)(a), (b) or (c) below.
(b)
Use of the commercial building primarily as a dwelling or residential structure is permitted upon the review of the application and approval of the site plan by the Zoning Board. The Zoning Board shall grant the special use permit only upon a finding that a primary commercial use of the building is not economically viable at present, and that a residential use of the building will not have an adverse effect on adjoining commercial uses. Evidence that the current owner has been unable to locate a ready, willing, and able commercial tenant after a one-year period of reasonable and diligent inquiry shall be conclusive that a commercial use of the building is not economically viable at present.
(c)
No basement of any commercial building located on Front Street between North Cherry Street on the east and North Sycamore Street on the west shall be occupied as a residence.
§ 315-62 Height.
No building, whether a one-family or multifamily residence, sheltered-care home, nursing home or business building, shall be erected or altered hereafter to exceed 54 feet in height.
§ 315-63 Yards, courts and coverage.
A.
There shall be a rear yard of not less than 10% of the depth of the lot; provided, however, it need not exceed 10 feet in depth.
B.
No side yards are required; but, if provided, a side yard shall be not less than eight feet in width.
C.
No front yard is required.
D.
If an outer court is provided, it shall be not less than five feet wide, nor shall its area be less than 1/6 the length of such court from the closed end.
E.
If an inner court is provided, it shall be not less than six feet wide, nor shall its area be less than twice the square of its least required dimension.
F.
No building, with its accessory buildings, to be used for commercial purposes shall occupy in excess of 90% of the lot area.
G.
Notwithstanding any of the requirements in Subsections A through F of this section, buildings used in whole or in part for residential purposes shall conform to the yard, floor area ratio and density restrictions for such buildings in Article V for one-family dwellings and in Article VI for multifamily dwellings, as appropriate.