The following general rules of construction shall apply to the regulations of this title:

A.

The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

B.

Words used in the present tense include the past and future tenses, and the future the present.

C.

The word "shall" is always mandatory. The word "may" is permissive.

D.

The word "building" or "structure" includes any part thereof, and the word "structure" includes the word "building."

E.

Words and terms not defined herein shall be interpreted in accord with Merriam-Webster's Collegiate Dictionary, Tenth Edition.

(Ord. 16653 § 2 (part), 2007)

For the purpose of this title, certain terms and words are defined as set forth in this chapter.

(Ord. 16653 § 2 (part), 2007)

"Abutting" when referring to zoning, means having zoning district boundaries in common. When referring to lots or parcels of land, abutting shall mean having lot lines in common. Lots or parcels of land, which touch at corners only, shall not be deemed abutting. "Abut," "adjacent," "adjoining" and "contiguous" means the same as "abutting."

(Ord. 16653 § 2 (part), 2007)

"Access or accessway" means the public or private street by which pedestrians and vehicles shall have lawful and usable ingress and egress to a property line. Provided, however, that access may be provided through a private easement that is filed of record.

(Ord. 16653 § 2 (part), 2007)

"Accessory building" means a detached subordinate building or other structure, the use of which is clearly incidental to or customarily found in connection with and located on the same lot as the main building or principal use of the land.

(Ord. 16653 § 2 (part), 2007)

"Accessory dwelling unit" means an accessory building that is intended to be used as a dwelling unit.

(Ord. No. 17532, § 1, 4-19-2011)

"Accessory use" means a use, which is clearly incidental to or customarily found in connection with, and subordinate in area, extent and purpose to the principal use and is located on the same lot as the principal use of the premises.

(Ord. 16653 § 2 (part), 2007)

"Gross acreage" means the total area within a parcel of land.

(Ord. 16653 § 2 (part), 2007)

"Active recreation" means recreational activities that are primarily designed with structured improvements and that require modification of natural landforms and can include the provision of service facilities, playing fields, or equipment. Examples of structured improvements may include playground equipment, sports fields, surfaced courts, swimming pools, skate parks, multipurpose centers and open play areas. Ancillary to these highly structured uses, active recreational facilities may include areas for informal recreational uses such as open playing fields and passive recreational activities such as sightseeing, hiking and picnicking.

(Ord. No. 18531, § 2, 6-28-2016)

"Adaptive reuse" means the conversion or change of use of all or any part of an existing building to a residential use, a mixed-use or any use allowed in the underlying district or any construction to expand or modify an existing building located in an area designated with an adaptive reuse overlay that meets the development guidelines adopted in the city's comprehensive plan for the area.

(Ord. No. 17754, § 1, 3-20-2012)

Editor's note— Ord. No. 17442, § 1, adopted October 26, 2010, repealed § 20.02.034, which pertained to administrator and derived from Ord. 16653 § 2 (part), 2007.

"Adult bookstore" means an establishment having a majority of its stock in trade, books, magazines and other periodicals, "peep shows," film strips, video, electronic or digital recordings which are distinguished or characterized by their emphasis on pictorial, photographic, or cinematic representation of "specified sexual activities" or "specified anatomical areas" (as defined in this chapter), or an establishment with a section or segment devoted to the sale, rental or display of such material, where such section or segment comprises twenty percent or more of such establishment's stock in trade, sales or rentals.

(Ord. 16653 § 2 (part), 2007)

"Adult day care center" means a facility that provides care for adults for less than twenty-four hours a day.

(Ord. 16653 § 2 (part), 2007)

"Adult foster care" means a personal care facility operated in accordance with the regulations of the Texas Administrative Code, Chapter 48, Subchapter K.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17577, § 1, 7-7-2011)

"Adult motion picture theater" means a facility in which material is presented that is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined in this chapter) for observation by patrons of such establishments, and which presents such materials for at least any one hundred twenty days in any twelve-month period.

(Ord. 16653 § 2 (part), 2007)

"Airpad" means a type of passenger terminal used for the storing, landing or takeoff of a small single-engine or light twin-engine aircraft for the purpose of loading or unloading passengers, but does not afford refueling, maintenance, repair or other facilities.

(Ord. 16653 § 2 (part), 2007)

"Airport" means a type of freight or passenger terminal that is used to accommodate all phases of operation of aircraft, whether private or commercial.

(Ord. 16653 § 2 (part), 2007)

"Alley" means a dedicated public right-of-way affording secondary means of access to abutting property and service to the rear or side of property whose principal frontage is on another street.

(Ord. 16653 § 2 (part), 2007)

"Alteration" means any construction or renovation to an existing structure other than repair or addition.

(Ord. 16653 § 2 (part), 2007)

"Amusement game complex" means a group of more than four amusement game machines in the same place, location or premises.

(Ord. 16653 § 2 (part), 2007)

"Amusement game machine" means a coin-operated machine or device which whether mechanical, electrical, electronic, digital or video, shall be ready for play by the insertion of a coin, metal slug or token, and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence, or for any other purpose other than the dispensing or vending of merchandise, music or service exclusively.

(Ord. 16653 § 2 (part), 2007)

"Amusement park" means a commercially operated park with various devices for entertainment and booths for the sale of food and drink.

(Ord. 16653 § 2 (part), 2007)

"Amusement rides (commercial)" means a temporary commercial use of land with various rides for entertainment and booths for the sale of food and drink.

(Ord. 16653 § 2 (part), 2007)

"Animal" means any living animal except human beings and includes (without limiting the generality thereof) mammals, birds, reptiles and fish.

(Ord. 16653 § 2 (part), 2007)

"Animal crematory" means a structure containing a furnace used or intended to be used for the cremation, or reducing to ashes, of animal remains.

(Ord. 16653 § 2 (part), 2007)

"Animal food manufacturing" means a facility for the work or processing necessary for the production of animal food.

(Ord. 16653 § 2 (part), 2007)

See "Kennel."

(Ord. 16653 § 2 (part), 2007)

"Animal slaughtery and processing" means a facility where animals are slaughtered and processed.

(Ord. 16653 § 2 (part), 2007)

"Animals, keeping for enjoyment purposes" means animals that are customarily kept for personal use or enjoyment, not raised for commercial purposes.

(Ord. 16653 § 2 (part), 2007)

"Apartment" means a part of a building or building complex containing culinary and bathroom facilities, consisting of a room or suite of rooms intended, designed and used as a dwelling unit by an individual or a single-family.

(Ord. 16653 § 2 (part), 2007)

"Apartment/multifamily residential building " means a building or part of a building containing three or more attached or detached dwelling units. The term includes the use or development of a condominium. A "condominium" means a single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 019815, § 1, 11-18-2025)

"Area of intersection" means that area bounded by the converging of all congruent right-of-way lines.

(Ord. 16653 § 2 (part), 2007)

"Areas of special control" means those areas designated in this title as worthy of protection from off-premises advertising because of inherent environmental, scenic or significant historical qualities.

(Ord. 16653 § 2 (part), 2007)

"Arterial thoroughfare" means a street designed as an interstate, major arterial or minor arterial on the adopted major thoroughfare plan of the city.

(Ord. 16653 § 2 (part), 2007)

"Assisted living facility" means an establishment that furnishes food and shelter and provides personal care services to four or more persons who are unrelated to the proprietor of the establishment.

(Ord. 16653 § 2 (part), 2007)

See "Exercise facility (indoor)."

(Ord. 16653 § 2 (part), 2007)

"Athletic facility (outdoor)" means a developed recreation area that may contain a playground as well as fields for competitive sports such as baseball, football or soccer.

(Ord. 16653 § 2 (part), 2007)

"Atrium house" means an attached single-family dwelling, shaped to surround or partly surround a private covered space called an atrium which is a principal source of natural light for the interior of the house.

(Ord. 16653 § 2 (part), 2007)

"Automobile (sales, service, storage and rental)" means a facility that sells or leases new or used automobiles, light trucks or other similar motorized transportation vehicles. The facility may maintain an inventory of the vehicles for sale or lease on site and may provide on-site facilities for the repair and service of the vehicles.

(Ord. 16653 § 2 (part), 2007)

"Automobile rental location (satellite)" means an office where customers may contract for rental use, for the pick up and delivery of automobiles and light trucks. There shall be no maintenance of vehicles on this site.

(Ord. 16653 § 2 (part), 2007)

"Automobile and light truck lubrication service" means a service that performs lubrication of automobiles and light trucks.

(Ord. 16653 § 2 (part), 2007)

"Automotive service station" means any place of business with pumps and underground storage tanks, having as its purpose the retail servicing of motor vehicles with fuels or lubricants, including incidental minor repairs and inspections but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of radiator, engine, cylinder heads, crankcase, CV joints, transmission, differential, fenders, doors, bumpers, grills, glass or other body parts, or any body repairing or painting.

(Ord. 16653 § 2 (part), 2007)

"Automobile wrecking yard" means a yard consisting of that part of a lot not enclosed by a building, which is used for the wrecking or dismantling of used, damaged or obsolete motor vehicles or trailers or the storage, sale, or dumping of such vehicles or of the salvaged parts therefrom.

(Ord. 16653 § 2 (part), 2007)

"Automotive repair garage" means an area or building which provides for the repair, rebuilding or reconditioning of engines, motor vehicles or trailers, body frame or fender repair, or painting of vehicles.

(Ord. 16653 § 2 (part), 2007)

"Automotive tune-up service" means a service that does minor engine or motor tune-ups on automobiles or light trucks.

(Ord. 16653 § 2 (part), 2007)

"Auxiliary rail facilities" are accessory to and customarily found in connection with the operation of a railyard. These facilities include a freight station, energy conversion plant, power plant, police station, office, storage facility, fueling station, water station, sanding station, maintenance shop, utility and transmission plant, passenger station, diesel maintenance facility, interlocking tower, railroad repair shop, crew station for temporary lodging of railroad personnel, as well as all equipment and facilities utilized to accomplish the foregoing accessory uses.

(Ord. 16653 § 2 (part), 2007)

"Auxiliary tracks" are types of tracks commonly found within a railyard that facilitate the movement of cars, locomotives and trains.

(Ord. 16653 § 2 (part), 2007)

"Awning" means a detachable, roof-like cover, supported from the walls of a building for protection from sun or weather.

(Ord. 16653 § 2 (part), 2007)

"Aquarium" means an establishment primarily engaged in the preservation and exhibition of live plant and aquatic animal life displays for the benefit of the public.

See "Dancehall."

(Ord. 16653 § 2 (part), 2007)

See "Financial institution."

(Ord. 16653 § 2 (part), 2007)

"Barn" means a building used for the storage of grain, hay, and other farm products, and/or the sheltering of livestock or farm equipment.

(Ord. 16653 § 2 (part), 2007)

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measured from its floor to its ceiling, below the average of the four sides of the adjoining grade.

(Ord. 16653 § 2 (part), 2007)

"Base zoning district" means the underlying zoning district that is affected by an overlay designation.

(Ord. 16653 § 2 (part), 2007)

"Batching plant" means a manufacturing facility for the production of concrete or asphalt.

(Ord. 16653 § 2 (part), 2007)

"Bed and breakfast establishment" means a building or portion thereof, other than a hotel, motel or boardinghouse, where, for compensation, eight or fewer rooms are offered as temporary lodging and only breakfast is offered to the registered guest(s).

(Ord. 16653 § 2 (part), 2007)

"Bed and breakfast inn" means an owner-occupied or manager-occupied residential structure providing nine or more rooms for temporary, overnight lodging, with or without meals, for paying guests.

(Ord. 16653 § 2 (part), 2007)

"Bed and breakfast (residence)" means an owner-occupied or manager-occupied residential structure providing eight or fewer rooms for temporary, overnight lodging, with or without meals, for paying guests.

(Ord. 16653 § 2 (part), 2007)

See "Sign, billboard."

(Ord. 16653 § 2 (part), 2007)

"Billiard and pool hall" means a place where three or more billiard or pool tables are provided.

(Ord. 16653 § 2 (part), 2007)

"Block" means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

(Ord. 16653 § 2 (part), 2007)

"Board" means the zoning board of adjustment of the City of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

"Boarding home facility" means an establishment that:

a.

Furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and

b.

Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services to those persons.

(Ord. No. 17577, § 2, 7-7-2011)

Editor's note— Ord. No. 18241, § 1, adopted September 9, 2014, repealed § 10.02.136, which pertained to boardinghouses (rooming or lodging house) and derived from Ord. 16653 § 2 (part), 2007.

"Borrow pit (commercial)" means a location from which earth is extracted for the commercial purpose of being used as fill at a location outside the pit.

(Ord. 16653 § 2 (part), 2007)

"Borrow pit (related to construction operations)" means a temporary location from which earth is extracted for the purpose of being used as fill at a location outside the pit. This use is incidental to construction operations during development being conducted on the same tract or subdivision.

(Ord. 16653 § 2 (part), 2007)

"Bottling works" means a facility used for the bottling of liquids.

(Ord. 16653 § 2 (part), 2007)

"Boutique" means a small specialty shop or business.

(Ord. 16653 § 2 (part), 2007)

"Boutique bottling" means an establishment that contains a restaurant and a beverage bottling facility. In addition to serving food, this establishment manufactures, bottles, cans, packages, and labels alcoholic and/or nonalcoholic beverages for consumption on or off the premises. The total annual production of beverages may not exceed one hundred fifty-five thousand gallons.

(Ord. 16653 § 2 (part), 2007)

"Bread and bakery product manufacturing" means a business that produces baked goods primarily for the wholesale market.

(Ord. 16653 § 2 (part), 2007)

"Brewpub" (also taproom) sells twenty-five percent or more of its beer on-site and may include significant food services and assembly uses. The beer is brewed primarily for sale in the restaurant and bar, and is often dispensed directly from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer to-go and/or distribute to off-site accounts.

(Ord. No. 019517, § 1, 6-20-2023)

"Brewery" or "microbrewery" means an operator that sells seventy-five percent or more of its beer off-site. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer through carry-outs and/or on-site taproom or restaurant sales.

(Ord. No. 019517, § 1, 6-20-2023)

"Brownfield development" means the redevelopment of abandoned or obsolete parcels in which demonstrable environmental remediation or mitigation is undertaken.

(Ord. No. 18688, § 1, 5-30-2017)

"Buildable area" means the portion of a lot or site, excluding required yard areas, setbacks or open space within which a structure may be built.

(Ord. 16653 § 2 (part), 2007)

"Building" means any structure permanently affixed to a lot or lots and having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property of any kind.

(Ord. 16653 § 2 (part), 2007)

"Building coverage (lot coverage)" means the percentage of a lot that can be covered by a structure or structures or any part thereof, excluding roof overhang.

(Ord. 16653 § 2 (part), 2007)

"Height of building" means the vertical distance measured from the mean elevation of the top of the street curb, within the lot limits, to the highest point of the structure, exclusive of chimneys, ventilators, air conditioners and ducts, elevator equipment, flagpoles, communication antennas, church spires, belfries, water towers, or other similar vertical projections.

(Ord. 16653 § 2 (part), 2007)

"Building official" means the person identified and designated in Section 18.02.101.4 of this Code.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 1, 11-10-2009)

"Main building" means the principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

(Ord. 16653 § 2 (part), 2007)

"Principal building" means a building on a lot intended for occupancy by the principal use.

(Ord. 16653 § 2 (part), 2007)

"Building site" means a lot for a building or structure together with all yards and open space.

(Ord. 16653 § 2 (part), 2007)

See "Sign, bulletin."

(Ord. 16653 § 2 (part), 2007)

"Bus" means a motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.

(Ord. 16653 § 2 (part), 2007)

"Cafeteria" means a restaurant where customers serve themselves or are served at a counter.

(Ord. 16653 § 2 (part), 2007)

"Campground" means any area, place, parcel or tract of land on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained for the accommodation of camping units for one or more overnight periods, as granted gratuitously or by permission.

(Ord. No. 18531, § 2, 6-28-2016)

"Camping unit" means tents, tent trailers, travel trailers, camping trailers, pick-up campers, motor homes, or any other device or vehicular-type structure intended for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

(Ord. No. 18531, § 2, 6-28-2016)

"Campsite" means any plot of ground within a campground used or intended for occupation by a camping unit or units under the control of the camper.

(Ord. No. 18531, § 2, 6-28-2016)

"Canal" means an artificial channel for conveyance of water, including laterals.

(Ord. 16653 § 2 (part), 2007)

"Canopy" means a detachable, roof-like cover, supported from the ground or deck, floor or walls of a building, for protection from sun and weather. Does not include carport.

(Ord. 16653 § 2 (part), 2007)

"Caregiver" means a person whose duties include the supervision, guidance, and protection of a child or children.

(Ord. 16653 § 2 (part), 2007)

"Property caretaker" means one who is employed to maintain, repair and protect a facility or property.

(Ord. 16653 § 2 (part), 2007)

"Carrier" means any person, partnership, corporation or organization that undertakes the carrying of freight or persons and offers its transportation services by rail, motor vehicle or aircraft.

(Ord. 16653 § 2 (part), 2007)

"Full-service car wash" means an establishment where washing, drying, polishing or vacuuming of an automobile is done by an employee or owner of the establishment and/or by machinery; and where the driver remains in the automobile or in a designated waiting area.

(Ord. 16653 § 2 (part), 2007)

"Self-service car wash" means an establishment where washing, drying, polishing or vacuuming of an automobile is done by the customer; or where the driver remains in the automobile while the washing, drying and polishing are done by machinery; or a combination thereof.

(Ord. 16653 § 2 (part), 2007)

See "Personal Wireless Service Facility, facility-mounted."

(Ord. 16653 § 2 (part), 2007)

"Cemetery" means a place for interment of the dead, above or below ground.

(Ord. 16653 § 2 (part), 2007)

See "Street centerline."

(Ord. 16653 § 2 (part), 2007)

"Child care facility (home or commercial)" means an establishment licensed by the government and subject to government regulations, which provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the twenty-four hour day, whether or not the establishment operates for profit or charges for its services. A child care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child care facility does not include child placing agencies, family homes, or maternity homes.

(Ord. 16653 § 2 (part), 2007)

"Type 3 child care facility" means a type of facility that provides care for from seven to twelve children for up to twenty-four hours per day. These types of facilities are provided in the caregiver's home, require a special permit from the city council, and include, but are not limited to: residential treatment center, therapeutic foster care facilities and treatment training residences.

(Ord. 16653 § 2 (part), 2007)

"Type 4 child care facility" means a type of facility that provides care for from seven to twelve children for either less than or up to twenty-four hours per day. These types of facilities are not provided in the caregiver's home, and include, but are not limited to: agency group homes, group day-care homes, residential treatment center, therapeutic foster care facilities and treatment training residences.

(Ord. 16653 § 2 (part), 2007)

"Type 5 child care facility" means a type of facility that provides care for more than twelve children for either less than or up to twenty-four hours per day. These types of facilities include, but are not limited to: commercial day-care centers, drop-in day-care centers, residential treatment center, therapeutic foster care facilities and treatment training residences.

(Ord. 16653 § 2 (part), 2007)

"Type 6 child care facility" means a facility that is primarily an education facility but also cares for more than twelve children, ages five through thirteen, for less than twenty-four hours per day. This type of facility includes, but is not limited to: schools (grades K through 9) and nursery schools and kindergartens.

(Ord. 16653 § 2 (part), 2007)

"Type 7 child care facility" means a facility that provides care for more than twelve children for up to twenty-four hours per day. These types of facilities include, but are not limited to: child care institutions, children's homes, halfway houses, residential treatment camps, emergency shelters, training schools and correctional schools.

(Ord. 16653 § 2 (part), 2007)

"Child care institution" means a child-care facility that provides care for more than twelve children for twenty-four hours a day, including facilities known as children's homes, halfway houses, residential treatment camps, emergency shelters and training or correctional schools for children.

(Ord. 16653 § 2 (part), 2007)

"Christmas tree stand" means a temporary location from which Christmas trees are sold.

(Ord. 16653 § 2 (part), 2007)

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building together with its accessory buildings and uses (which may include a columbarium), is maintained and controlled by a religious body organized to sustain public worship.

(Ord. 16653 § 2 (part), 2007)

"Circus" means the temporary use of land for performances by persons and/or animals under temporary cover or similar structure, with or without other sideshows.

(Ord. 16653 § 2 (part), 2007)

"City council" means the City Council of the City of El Paso.

(Ord. 16653 § 2 (part), 2007)

"Clinic" means a facility for examining and treating patients with medical conditions on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than twenty-four hours.

(Ord. 16653 § 2 (part), 2007)

"Private club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. The definition includes civic community and noncommercial private clubs, but does not include a church.

(Ord. 16653 § 2 (part), 2007)

See "Sports arena."

(Ord. 16653 § 2 (part), 2007)

See "Recycling collection facility, large (greater than two thousand square feet)" or "Recycling collection facility, small (less than or equal to two thousand square feet)."

(Ord. 16653 § 2 (part), 2007)

"Collector street" means a street designated as a collector on the adopted major thoroughfare plan of the city.

(Ord. 16653 § 2 (part), 2007)

"College or university" means an institution of higher learning accredited by the state of Texas and offering a course of studies leading to a degree.

(Ord. 16653 § 2 (part), 2007)

"Commercial day care center" means a commercial child care facility that cares for children who are less than fourteen years of age.

(Ord. 16653 § 2 (part), 2007)

"Commercial equipment repair" means facilities engaged in the repair and maintenance of commercial, industrial or agricultural machinery and equipment.

(Ord. 16653 § 2 (part), 2007)

"Commercial fueling station" means a facility with unattended gasoline, diesel, or other fuel pumps or dispensers, typically operated by the driver of the vehicle being fueled, with automatic billing through a credit card or debit card system.

(Ord. 16653 § 2 (part), 2007)

"Commercial unit development" means a platted lot, zoned for commercial, manufacturing or industrial uses, which is further divided into more than one lot and where all additional lots are provided access to a public or private street through a private easement. The access shall be a parcel of land over which a private easement for road purposes, having a minimum paved width of twenty feet, is granted to all owners of property within the commercial unit development. In each instance the instrument creating such private easement, including the original agreement and any changes thereto resulting from the sale, lease or creation of additional lots, shall be held in perpetuity between all signatories, owners or lessees, to the agreement or their successors in interest, shall run with the land and be unseverable, and shall be duly recorded and filed with the office of the county clerk.

(Ord. 16653 § 2 (part), 2007)

"Commercial vehicle" means every vehicle designed, maintained or used primarily for the transportation of property for commercial purposes.

(Ord. 16653 § 2 (part), 2007)

See "Public utility facility."

(Ord. 16653 § 2 (part), 2007)

"Community recreational facility" means open or enclosed facilities such as swimming pools, tennis courts, other playing surfaces, picnic areas, or other recreational areas, including necessary accessory facilities such as bathhouses, sun or rain shelters, storage buildings, and parking areas, for the exclusive use of members of and to be operated and managed by a private organization or a nonprofit neighborhood organization, association or similar type of neighborhood group.

(Ord. 16653 § 2 (part), 2007)

"Composting facility" means a facility where organic matter derived primarily from off-site is processed by composting or by other means for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.

(Ord. 16653 § 2 (part), 2007)

"Comprehensive plan" means the long range plan for the development of the City of El Paso, Texas, reviewed by the city plan commission and adopted by the city council. The comprehensive plan includes the land use plan, major thoroughfare plan, planning area plans, maps and other documents that have been adopted as a part of the comprehensive plan.

(Ord. 16653 § 2 (part), 2007)

"Computer electronic product assembly" means establishments primarily engaged in assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers; and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals.

(Ord. 16653 § 2 (part), 2007)

"Computer product manufacturing" means establishments primarily engaged in manufacturing and/or assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers; and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals.

(Ord. 16653 § 2 (part), 2007)

"Concrete or cement mixing plant" means a temporary use of property for the mixing of concrete. This use is incidental to construction operations during development being conducted on the same tract or subdivision.

(Ord. 16653 § 2 (part), 2007)

See "Apartment/multifamily residential building" or "Mixed-use residential."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 019815, § 1, 11-18-2025)

"Conservation covenant" means a voluntary declaration by a property owner of a covenant that is filed of record in the El Paso County Real Property Records on property and is intended to preserve permanently the conservation values of an area.

(Ord. No. 17904, § 1, 11-6-2012)

See "Heavy equipment (sales, storage, repair and rental)."

(Ord. 16653 § 2 (part), 2007)

"Large contractor yard (greater than .50 acre)" means property used to park or store construction materials, vehicles, or equipment used by a building or construction trades contractor. The contractor's business office may be an accessory use to a contractor's yard. Vehicles and equipment used by that contractor may be repaired or maintained in a contractor's yard provided such work is done in an enclosed building or structure.

(Ord. 16653 § 2 (part), 2007)

"Small contractor yard (less than or equal to .50 acre)" means property used to park or store construction materials, vehicles or equipment used by a building or construction trades contractor. The contractor's business office may be an accessory use to a contractor's yard. Vehicles and equipment used by that contractor may be repaired or maintained in a contractor's yard provided such work is done in an enclosed building or structure.

(Ord. 16653 § 2 (part), 2007)

"Convalescent, nursing or rest home" means a personal care facility that provides nursing and convalescent care under the direction and supervision of licensed medical personnel for four or more unrelated recipients.

(Ord. 16653 § 2 (part), 2007)

"Convenience store" means a store offering for sale foodstuffs and some household supplies whose gross floor area is no greater than four thousand square feet.

(Ord. 16653 § 2 (part), 2007)

"Convenience store with gas pumps" means a store offering for sale gasoline, foodstuffs and some household supplies whose gross floor area is no greater than four thousand square feet.

(Ord. 16653 § 2 (part), 2007)

"Convent" means the dwelling units of a religious order or congregation.

(Ord. 16653 § 2 (part), 2007)

"Convention center" means a facility used for service organizations, business and professional conferences, and seminars.

(Ord. 16653 § 2 (part), 2007)

"Copy shop" means a business engaging in the reproduction or photographic impressions through mimeographic, electronic, digital, electrostatic or thermal copy process, whether wet or dry.

(Ord. 16653 § 2 (part), 2007)

"Corner store" means a retail, general service, arts design and creation, or eating and drinking establishment. It can include general retail, a food store, or an establishment with an art focus. Cooking on-site is not allowed for corner grocery stores.

(Ord. No. 019734, § 1, 5-28-2025)

"Correctional facility" means a publicly or privately operated facility housing persons awaiting trial or persons serving a sentence imposed by a court of law.

(Ord. 16653 § 2 (part), 2007)

"Courier and message service" mean an establishment that provides air, surface, or combined courier delivery services of parcels and messages within or between metropolitan areas or urban centers.

(Ord. 16653 § 2 (part), 2007)

"Court" means an open space that may or may not have direct street access and around which is arranged a single building or a group of related buildings.

(Ord. 16653 § 2 (part), 2007)

"Credit access business" means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction, as defined in Section 393.601 of the Texas Finance Code, or a motor vehicle title loan.

(Ord. No. 18244, § 1, 9-16-2014)

See "Financial institution."

(Ord. 16653 § 2 (part), 2007)

"Crematorium" means a facility with cremation chambers used for the reduction of the human body to ashes by heat.

(Ord. 16653 § 2 (part), 2007)

"Dairy product processing" means a facility for the work or processing necessary for the production of dairy products.

(Ord. 16653 § 2 (part), 2007)

"Dancehall" means any place the principal purpose of which is the furnishing of facilities for dancing.

(Ord. 16653 § 2 (part), 2007)

"Data processing center" means a facility where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing.

(Ord. 16653 § 2 (part), 2007)

"Data processing center (hyperscale)" or "data center (hyperscale)" means one or more data centers and/or other facilities used to house, and in which are operated, maintained and replaced from time to time, computer systems and associated components, such as telecommunications and storage systems, cooling systems, power supplies and systems for managing property performance (including generators and mechanical and electrical yards), and equipment used for the transformation, transmission, distribution and management of electricity (including private substations), internet-related equipment, data communications connections, private communication towers, environmental controls and security devices, structures and site features, as well as certain accessory uses or buildings located on the land and other related or associated uses, buildings or structures such as utility buildings; private utility facilities; office; buildings for support staff; warehousing for logistics, storage and/or other similar uses; cafeteria; guardhouse; diesel storage tanks; fuel storage for emergency generators; water storage tanks; security fencing; and other structures, improvements and appurtenants.

(Ord. No. 019517, § 1, 6-20-2023)

"Density" means the number of dwelling units that may be constructed per acre, calculated by dividing the site area by minimum required lot area in the underlying zoning district.

(Ord. 16653 § 2 (part), 2007)

"Detention basin (public/private)" means a facility for the temporary storage of stormwater runoff.

(Ord. 16653 § 2 (part), 2007)

"Development standard" means regulations that limit the size, bulk or siting conditions of particular types of buildings or uses located within any designated district.

(Ord. 16653 § 2 (part), 2007)

"Disabled group dwelling" means a single family dwelling designed and used as a residence by no more than six (6) persons with disabilities and two (2) supervisors, and who are living together as a single housekeeping unit. "Disabled person" has the meaning defined by the Federal Fair Housing Act of 1988, as amended. This use does not include a homeless shelter or halfway house as defined in this Title.

(Ord. No. 18241, § 1, 9-9-2014)

"Diesel maintenance facility" means a facility where locomotives and switch engines are housed, tested, repaired, maintained, inspected, serviced and fueled, as well as all equipment and facilities utilized to accomplish the foregoing activities; also commonly referred to as a roundhouse.

(Ord. 16653 § 2 (part), 2007)

Editor's note— Ord. No. 17442, § 2, adopted October 26, 2010, repealed § 20.02.298, which pertained to director and derived from Ord. 16653 § 2 (part), 2007.

"Disabled person" means a person who has a physical or mental impairment, or both, that substantially limits one or more major life activities.

(Ord. 16653 § 2 (part), 2007)

"Domestic garden house, toolhouse, playhouse" means a detached accessory structure used as a garden house, tool house, playhouse, or other suitable uses otherwise conforming to zoning district requirements.

(Ord. 16653 § 2 (part), 2007)

"Domestic Storage" means the storage of any domestic materials, furnishings, appliances, or similar items. Storage that is an accessory use or incidental to the primary use shall only be permitted inside a main building or inside an accessory building. Domestic Storage does not include materials used in an ongoing construction or remodeling project, provided that the project has a valid city permit.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17070, § 1, 2-10-2009)

See "Pharmacy."

(Ord. 16653 § 2 (part), 2007)

"Dry cleaning shop (less than or equal to two thousand five hundred square feet)" means a facility with less than or equal to two thousand five hundred square feet of floor area, maintained for the pickup and delivery of dry cleaning and laundry, where the cleaning and laundering is performed at another site.

(Ord. 16653 § 2 (part), 2007)

"Dry cleaning shop (greater than two thousand five hundred square feet)" means a facility with more than two thousand five hundred square feet of floor area, maintained for the pickup and delivery of dry cleaning and laundry, where the cleaning and laundering is performed at the site.

(Ord. 16653 § 2 (part), 2007)

"Dry-cleaners (commercial)" means a facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort. Typical uses include, but are not limited to, laundries, diaper services and linen supply services.

(Ord. 16653 § 2 (part), 2007)

"Dude ranch" means a resort patterned after a western ranch, featuring camping, horseback riding and other outdoor activities.

(Ord. 16653 § 2 (part), 2007)

"Duplex (two-family dwelling)" means a building designed or occupied as two dwelling units.

(Ord. 16653 § 2 (part), 2007)

"Dwelling" means a building, structure or portion thereof, designed or used primarily for residential occupancy with culinary and bathroom facilities. A dwelling does not include boats, trailers, motor homes, hotels, motels, motor lodges, boarding or lodging houses.

(Ord. 16653 § 2 (part), 2007)

See "Single-family attached dwelling (atrium, patio, townhouse, condominium)."

(Ord. 16653 § 2 (part), 2007)

See "Single-family detached dwelling."

(Ord. 16653 § 2 (part), 2007)

"Multifamily dwelling" means a building, or portion thereof, designed or used for occupancy by three or more families, all living independently of each other in separate dwelling units.

(Ord. 16653 § 2 (part), 2007)

"Resident watchman or property caretaker dwelling" means a residence located on a premises with a principal use and occupied by a caretaker or guard employed on the premises.

(Ord. 16653 § 2 (part), 2007)

"Single-family dwelling" means a building designed for or occupied exclusively by one family.

(Ord. 16653 § 2 (part), 2007)

"Two-family (duplex) dwelling" means a building designed for or occupied exclusively by two families living independently of each other.

(Ord. 16653 § 2 (part), 2007)

"Dwelling unit" means a room or group of rooms occupied or designed to be occupied as separate living quarters by a single-family or other group of persons living together as a household or by a person living alone, and having its own permanently installed cooking and sanitary facilities.

(Ord. 16653 § 2 (part), 2007)

"Private easement" means a right-of-use over property of another granted but not dedicated to the city, for the limited use of private land where general use and maintenance of such easement is governed by an agreement which runs with the land and is recorded with the office of the county clerk. A private easement may include certain improved portions of private land which are intended for the general use, enjoyment, convenience and benefit of all signatories, owners or lessees, and their permittees, including, but not limited to, parking areas and spaces, roadways (including roads or lateral access drives), driveways, entrances to dedicated public or private streets, sidewalks, landscaped areas, and truck loading or delivery areas.

(Ord. 16653 § 2 (part), 2007)

"Electronic product manufacturing or assembly" means a facility where electronic devices and systems are manufactured and/or assembled.

(Ord. 16653 § 2 (part), 2007)

"Emergency shelter" means a facility that provides temporary housing and appropriate supportive services to more than five persons, exclusive of the support staff, whom have been victims of a crime, and are seeking shelter on an emergency basis. The persons seeking shelter could for example, be victims of domestic violence, sexual assault, or human trafficking. This use does not include a homeless shelter or halfway house as defined in this Title.

(Ord. No. 18241, § 1, 9-9-2014)

"Engineering department" means the engineering department of the City of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

"Establishment" means a place of business, including the possessions and employees.

(Ord. 16653 § 2 (part), 2007)

"Executive secretary of the city plan commission" means an individual who is selected in accordance with the CPC bylaws and is responsible for the maintenance of all records and research activities undertaken by the commission.

(Ord. 16653 § 2 (part), 2007)

"Exercise facility (indoor)" means a facility where members use equipment or space for the purpose of physical exercise, physical training or team sports.

(Ord. 16653 § 2 (part), 2007)

See "Convention center."

(Ord. 16653 § 2 (part), 2007)

"Explosives storage" means a facility where legally approved explosives are stored as mandated by and in conformance with all applicable law.

(Ord. 16653 § 2 (part), 2007)

"Extermination service" means a business with the primary purpose of the eradication or control of rodents, insects, or other pests with incidental storage of pesticides on site.

(Ord. 16653 § 2 (part), 2007)

"Fabricated metal product manufacturing" means a facility that transforms metal into intermediate or end products through forging, stamping, bending, forming, and machining, such processes used to shape individual pieces of metal; and other processes, such as welding and assembling, used to join separate parts together.

(Ord. 16653 § 2 (part), 2007)

See "Personal Wireless Service Facility, facility-mounted."

(Ord. 16653 § 2 (part), 2007)

"Facility-structure" means a functioning light standard, recreational facility light pole, flag pole or other approved structure.

(Ord. 16653 § 2 (part), 2007)

"Fairground" means an open space of land where fairs, exhibitions, or other public events are held.

(Ord. 16653 § 2 (part), 2007)

"Family" means any individual or group of persons related by blood, adoption or marriage, or not more than five unrelated persons living as a single housekeeping unit or home.

(Ord. 16653 § 2 (part), 2007)

"Farm" means an area that is used for the production of farm crops, such as vegetables, fruit trees, cotton, dairy products, grain or similar crops and their storage, and the raising of farm animals. Farming does not include the commercial raising of animals or feed yards.

(Ord. 16653 § 2 (part), 2007)

"Farmer's market" means the offering for sale of primarily fresh agricultural or food products directly to the consumer at an open-air market.

(Ord. 16653 § 2 (part), 2007)

"Feed dealer" means a facility engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.

(Ord. 16653 § 2 (part), 2007)

"Feed yard" means a lot, yard, corral or other area in which livestock are confined, primarily for the commercial purposes of feeding and growth prior to slaughter. The term does not include areas that are used for raising crops or other vegetation or upon which livestock are allowed to graze.

(Ord. 16653 § 2 (part), 2007)

"Fence" means a physical barrier of any type of construction used as a boundary or means of protection.

(Ord. 16653 § 2 (part), 2007)

"Firewood sales" means a location from which firewood is sold.

(Ord. 16653 § 2 (part), 2007)

"Flea market (swap meet)" means a commercial activity, conducted by multiple retail operators, which is open to the general public and composed of semi-enclosed or outdoor stalls, rooms, stands or spaces used for the purpose of display and sale, exchange or barter of merchandise does not include shopping centers, individual retail operations or sales conducted by a nonprofit or charitable organization.

(Ord. 16653 § 2 (part), 2007)

"Indoor flea market" means a flea market that is located within an enclosed building or buildings, which shall also be subject to the provisions of Section 20.10.430 of this title.

(Ord. 16653 § 2 (part), 2007)

"Outdoor flea market" means a flea market that is located partially or totally within an unenclosed parcel of land, which shall be subject to the provisions of Section 20.10.430 of this title.

(Ord. 16653 § 2 (part), 2007)

"Floor area" means:

1.

For nonresidential buildings or buildings containing mixed uses: the sum of the gross horizontal areas of the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.

2.

For residential buildings: the sum of the gross horizontal areas of the floors of a dwelling, exclusive of garages, atriums, stairwells, open porches and unoccupied basements, cellars, and attics, measured from the exterior faces of the exterior walls.

(Ord. 16653 § 2 (part), 2007)

"Gross floor area" means the sum of the gross horizontal areas of the floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two buildings, but not including unoccupied attics, basements, cellars, stairwells or atriums (above ground level), and exclusive of areas open and unobstructed to the sky.

(Ord. 16653 § 2 (part), 2007)

"Gross leasable floor area" means that area utilized for sales, service and warehousing purposes, and excluding public restrooms, enclosed trash storage areas, equipment room areas, and parking areas.

(Ord. 16653 § 2 (part), 2007)

"Floor area ratio" means the numerical value obtained by dividing the gross floor area of a building or buildings on any lot by the area of the lot.

(Ord. 16653 § 2 (part), 2007)

"Other food manufacturing" means a facility not otherwise defined as an animal food manufacturing facility, beverage product manufacturing facility, bread and bakery product manufacturing facility, brewery, dairy product processing facility, seafood product preparation facility, or a sugar and confectionary product manufacturing facility.

(Ord. 16653 § 2 (part), 2007)

"Food storage locker" means a food locker plant renting only individual lockers for home customer storage of food, and/or sale at retail, delivery of individual home orders and the cutting and packaging of meats or game, but not including slaughtering or eviscerating thereof.

(Ord. 16653 § 2 (part), 2007)

"Fraternal organization" means 501(c)3 charitable organization under IRS regulations.

(Ord. No. 17557, § 1, 5-17-2011)

"Freeway" means all U.S. interstate highways and other roadways designated as freeways in the master thoroughfare plan.

(Ord. 16653 § 2 (part), 2007)

"Freight" means and includes goods, merchandise, substances, materials and commodities of any kind that may be transported or transferred from one place to another by air, rail or motor-carrier.

(Ord. 16653 § 2 (part), 2007)

"Freight terminal" means a facility or location where the principal use is the loading, unloading, storing, receiving, assembling, dispatching, weighing, consolidating, classifying, switching, distribution, movement or transfer of freight, as well as all equipment and facilities utilized to accomplish the foregoing activities. For purposes of this definition, a railroad right-of-way shall not be considered to be a freight terminal.

(Ord. 16653 § 2 (part), 2007)

"Frontage" means:

1.

Street Frontage. All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or, if the street is dead-ended, then all the property abutting on one side between an intersecting street and dead-end of the street;

2.

Lot Frontage. The distance for which the front boundary line of the lot and the street line are coincident.

(Ord. 16653 § 2 (part), 2007)

"Funeral home" means a facility for the arrangement of funerals and the preparation of the dead for burial or cremation.

(Ord. 16653 § 2 (part), 2007)

"Gambling casino" means a facility where legal gambling is conducted.

(Ord. 16653 § 2 (part), 2007)

"Game court (noncommercial)" means a marked playing area for playing games such as tennis and basketball intended for the exclusive use of the residents and their private guests.

(Ord. 16653 § 2 (part), 2007)

See "Automotive repair garage."

(Ord. 16653 § 2 (part), 2007)

"Community garage" means an area that provides for parking and refueling of passenger cars only; does not include automotive repair garage.

(Ord. 16653 § 2 (part), 2007)

"Parking garage" means a building or portion thereof designed or used for the temporary storage of motor-driven vehicles, with or without the retail dispensing, sale or offering for sale of motor fuels, lubricants and tires, or indoor car washing, minor motor adjustment, and flat tire repair when such operations are incidental to the storage of motor-driven vehicles; does not include automotive repair garage or any outside storage.

(Ord. 16653 § 2 (part), 2007)

"Private garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the storage of private motor vehicles, boats or trailers of the occupants of the dwellings; includes carport.

(Ord. 16653 § 2 (part), 2007)

"Garage sale (yard, rummage sale)" means the selling of used articles on the premises of a single-family or two-family dwelling, and on the premises of a place of public assembly and at city parks and recreational areas managed by the parks and recreation department.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17360, § 1, 7-20-2010)

"Governmental use, building" means a building or structure owned, operated, or occupied by a governmental agency.

(Ord. 16653 § 2 (part), 2007)

"Grade" means the slope of any surface specified in percentage terms.

(Ord. 16653 § 2 (part), 2007)

"Grain and oil seed milling" means facilities engaged in flour milling and malt manufacturing; starch and vegetable fats and oil manufacturing; and breakfast cereal manufacturing.

(Ord. 16653 § 2 (part), 2007)

"Greenfield development" means the development of an area that consists of open or wooded land or farmland that has not been previously developed.

(Ord. No. 18688, § 1, 5-30-2017)

"Greenhouse (industrial scale)" means a structure partially or wholly enclosed used for the cultivation or protection of plants for commercial production.

(Ord. 16653 § 2 (part), 2007)

"Greyfield development" means the redevelopment of abandoned or obsolete or underutilized parcels surrounded by substantial existing development.

(Ord. No. 18688, § 1, 5-30-2017)

"Grocery" means a store offering for sale foodstuffs and some household supplies, where the gross floor area is greater than four thousand but less than or equal to twelve thousand square feet.

(Ord. 16653 § 2 (part), 2007)

"Group residential facility" means an interim or permanent residential facility (as opposed to a lodging or medical treatment facility) that provides room and board to seven or more disabled persons, and who live together as a single housing unit. "Disabled person" has the meaning defined by the Federal Fair Housing Act of 1988, as amended. This use does not include a homeless shelter or halfway house defined in this title.

(Ord. 16653 § 2 (part), 2007; Ord. No. 18241, § 1, 9-9-2014; Ord. No. 18589, § 1, 11-1-2016)

"Guest and/or employee quarters" means living quarters within a detached accessory building located on the same premises with the principal building, for use by employees or guests of the occupants of the premises; such quarters having no separate utility meters, and not rented or otherwise used as a separate dwelling.

(Ord. 16653 § 2 (part), 2007)

"Halfway house" means a facility for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses.

(Ord. No. 18218, § 1, 7-29-2014)

"Harvesting crops" means the act or process of gathering in a crop.

(Ord. 16653 § 2 (part), 2007)

"Heavy equipment" means all motor-driven equipment with a manufacturer's rated carrying capacity exceeding two tons, not otherwise herein defined.

(Ord. 16653 § 2 (part), 2007)

"Heavy equipment (sales, storage, repair and rental)" means a facility where heavy equipment is sold, stored, repaired or rented.

(Ord. 16653 § 2 (part), 2007)

"Heavy truck" means every truck with a manufacturer's rated carrying capacity exceeding two tons.

(Ord. 16653 § 2 (part), 2007)

"Heavy truck (sales, storage, repair and rental)" means a facility for the display, sale, storage, service, repair, or rental of heavy trucks.

(Ord. 16653 § 2 (part), 2007)

"Hedge" means a natural shrubbery planted in a compact line serving as a fence, wall or boundary.

(Ord. 16653 § 2 (part), 2007)

"Heliport" means a type of passenger terminal that is used to accommodate all phases of operation of helicopters, either at ground level or elevated on a structure.

(Ord. 16653 § 2 (part), 2007)

"Helistop" means a type of passenger terminal used, either at ground level or elevated on a structure, for the storing, landing and takeoff of a single helicopter for the purpose of loading and unloading passengers, but does not afford refueling, maintenance, repair or other facilities.

(Ord. 16653 § 2 (part), 2007)

"Historic landmark" means a building, structure, site district, area or land of architectural, historical, archaeological or cultural importance or value, which the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people.

(Ord. 16653 § 2 (part), 2007)

"Historic landmark commission" means the historic landmark commission of the City of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

"Home child care facility" means a facility which at any time provides care for no more than a total of twelve children who are less than fourteen years of age, of which the caretaker's own children shall also be counted in the total number allowed.

(Ord. 16653 § 2 (part), 2007)

"Home improvement center" means a facility for the sale of home, lawn, and garden supplies, brick, lumber, and other similar building materials.

(Ord. 16653 § 2 (part), 2007)

"Home occupation" means a permitted occupation carried on primarily within a home where such use is clearly incidental and secondary to the principal use of the property as a dwelling, and meeting the additional requirements of Section 20.10.270.

(Ord. 16653 § 2 (part), 2007)

"Homeless shelter" means a lodging facility that provides lodging with or without meals, or lodging and meals, on a temporary basis to more than five persons, who are homeless, and are not related by blood, marriage, or adoption to the head of the household or the owner or operator of the facility; whether or not the facility is operated for profit or charges for the services it offers.

(Ord. No. 18241, § 1, 9-9-2014)

"Hospital" means an institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

(Ord. 16653 § 2 (part), 2007)

"Hotel, motel" means a building in which lodging or boarding and lodging are provided for persons, primarily transient, and offered to the public for compensation and in which room assignments are made through a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boarding, rooming or lodging house, or multiple-family dwelling, which are herein separately defined. A hotel or motel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms.

(Ord. 16653 § 2 (part), 2007)

"Household goods repair" means a facility for the repair of household and home equipment, including appliances, lawnmowers, power tools, and similar items.

(Ord. 16653 § 2 (part), 2007)

"Household product manufacturing" means an establishment engaged in the production of household products.

(Ord. 16653 § 2 (part), 2007)

"HUD-code manufactured home (manufactured home)" has the meaning assigned by 42 U.S.C. Section 5402(6) and means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty 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 contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle. The term does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.15(b).

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 019805, § 1, 10-14-2025)

"HUD-code manufactured home park (manufactured home park)" means a parcel of ground, not a part of a manufactured home subdivision, providing sites for the parking or location of one or more occupied manufactured homes, travel trailers, recreation vehicles and similar units.

(Ord. 16653 § 2 (part), 2007)

"Indoor entertainment and recreational uses" means an establishment or place of business primarily engaged in the provision of entertainment or recreation for participants or spectators. Permitted uses include meeting halls, bingo parlors, motion picture theaters, bowling alleys, billiard halls, dance studios, skating rinks, indoor tennis and racquetball courts, and health and physical fitness studios.

(Ord. 16653 § 2 (part), 2007)

"Industrialized home" means a residential structure:

1.

Designed for the occupancy of one or more families;

2.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site;

3.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; and

4.

Outfitted with plumbing, heating, air conditioning, and electrical systems.

"Industrialized home" does not mean:

1.

A residential structure that exceeds three stories or forty-nine feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

2.

Housing constructed of a sectional or panelized system that does not use a modular component; or

3.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

(Ord. 16653 § 2 (part), 2007)

"Infill development" means any development activity, including but not limited to new construction, renovation, addition, rehabilitation or redevelopment, associated with vacant or underutilized parcels within existing, largely developed urban areas.

(Ord. No. 18688, § 1, 5-30-2017)

"Educational institution" means a school offering graded academic or vocational instruction meeting the requirements of state compulsory education laws, or a college or university giving general instruction equivalent to the standards prescribed by local and state public educational authorities. May be public or private. Does not include trade schools, dance schools, karate schools, riding academies, nursery schools and similar commercial operations.

(Ord. 16653 § 2 (part), 2007)

"Philanthropic institution" means a nonprofit institution existing for the sole purpose of promoting the welfare of mankind by works of charity, including orphanages, homes for unwed mothers, and similar institutions of this general nature. Does not include secret societies, fraternal organizations, social or private clubs, which may be incidentally engaged in charitable or philanthropic work.

(Ord. 16653 § 2 (part), 2007)

"Interchange" means the intersection of two public rights-of-way not on the same grade (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

(Ord. 16653 § 2 (part), 2007)

"Interlocking tower" means the building, equipment or facilities used in the operation of the arrangement of signals and signal appliances for the movement of rail locomotives and rolling stock.

(Ord. 16653 § 2 (part), 2007)

See "Group home." ["Group residential facility."]

(Ord. 16653 § 2 (part), 2007)

"Intermodal facility" means a freight terminal where freight is moved by two or more different modes of transport within the same facility.

(Ord. 16653 § 2 (part), 2007)

"Intersection" means the junction of any two public rights-of-way crossing at grade.

(Ord. 16653 § 2 (part), 2007)

"Junk motor vehicle" means any motor vehicle without current registration (license) or safety inspection sticker and/or unable to travel on public streets or highways legally under its own power.

(Ord. 16653 § 2 (part), 2007)

"Kennel" means any premises on which animals are kept or housed for conducting the business of buying, selling, breeding, grooming, training or boarding of animals for compensation. The adoption of animals may be permitted as a part of a kennel operation. However, for the purpose of setbacks and other specific restrictions, a retail pet shop shall not be classified as a kennel.

(Ord. 16653 § 2 (part), 2007)

"Kitchen" means any room or facility designed to be used or maintained for the cooking or preparation of food.

(Ord. 16653 § 2 (part), 2007)

"Landmark" means all buildings, structures or sites so identified by a national, state or local historic register, or located within any national, state or local historic district.

(Ord. 16653 § 2 (part), 2007)

"Landscape planting area" means an area that is devoted and maintained to the growing of grass and other plant material or by the use of organic or inorganic mulch.

(Ord. 16653 § 2 (part), 2007)

"Laundromat (less than or equal to five thousand square feet)" means a building or part thereof with less than or equal to five thousand square feet where customer's clothes or other household articles are washed and dried in self-service machines, and may also be ironed but no dry cleaning services are offered.

(Ord. 16653 § 2 (part), 2007)

"Laundromat (greater than five thousand square feet)" means a building or part thereof with more than five thousand square feet where customer's clothes or other household articles are washed and dried in self-service machines, and may also be ironed but no delivery service is offered.

(Ord. 16653 § 2 (part), 2007)

"Laundry" means a building or part thereof, other than a laundromat, where clothes and other articles are washed, dried and ironed.

(Ord. 16653 § 2 (part), 2007)

"Laundry (commercial)" means a facility engaged in the business of providing laundry services for institutions, businesses or other such establishments.

(Ord. 16653 § 2 (part), 2007)

"Legal description" means a description of a parcel of land indicating the lot or tract number, block number, and name of officially approved subdivision which has been recorded with the county clerk; or a metes and bounds description of a parcel of land and amount of land included, certified as a complete and proper legal description by an architect, or a professional engineer with a civil engineering degree, or a surveyor.

(Ord. 16653 § 2 (part), 2007)

"Light truck" means every truck or van with a manufacturer's rated carrying capacity not to exceed two tons.

(Ord. 16653 § 2 (part), 2007)

See "Automobile (sales, service, storage and rental)."

(Ord. 16653 § 2 (part), 2007)

"Liquified petroleum gas (storage and dispensing)" means a facility or person that engages in activities where liquified petroleum gas is stored and/or sold for which a license is required from the railroad commission of Texas in accordance with state law.

(Ord. 16653 § 2 (part), 2007)

"Livestock auction" means a facility where livestock are received and sold to buyers on an auction basis.

(Ord. 16653 § 2 (part), 2007)

See "Pasturage (small or large animals)."

(Ord. 16653 § 2 (part), 2007)

"Live-work flex unit" means a building with one or more dwelling units and one principal commercial use that is owned and/or operated by one of the residents.

(Ord. 16653 § 2 (part), 2007)

"Loading berth" means a space within a building or on the premises providing for the standing, loading or unloading, and together with apron space for maneuvering of vehicles, trucks and semi-tractor trailers.

(Ord. 16653 § 2 (part), 2007)

"Loading space" means an off-street space on the same lot with a principal building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading.

(Ord. 16653 § 2 (part), 2007)

"Loading spaces (serving another property)" means loading spaces on property that is located on a separate site from the property requiring the loading spaces.

(Ord. 16653 § 2 (part), 2007)

"Lodge" means a facility used as the meeting place of a fraternal organization. A lodge may also be used for various temporary fund-raising activities to support charitable or philanthropic works incidental to, and carried out by, the organization, to include the rental of the lodge for temporary events, provided that if such use is no longer incidental to the primary use as a meeting place, then a special permit shall be required for such temporary use.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17557, § 2, 5-17-2011)

"Lodging house" means a dwelling other than a hotel, motel or tourist home, where, for compensation and by prearrangement, lodging, meals, or lodging and meals, are provided to more than five persons unrelated by blood or marriage to the owner or operator; including residential fraternity and sorority houses.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18241, § 1, 9-9-2014)

"Lot" means a parcel of land having frontage upon an accessway and shown either on a plat of record or described by metes and bounds; provided, however, that access may be provided through a private easement.

(Ord. 16653 § 2 (part), 2007)

"Corner lot" means a lot located at the intersection of two or more streets.

(Ord. 16653 § 2 (part), 2007)

"Lot depth" means the distance between the front and rear lot lines, measured as follows:

1.

Where the lot lines are straight, from the midpoints thereof;

2.

Where the lot line curves in or out, from the midpoint of the arc between the side property lines;

3.

Where there is no rear lot line, the lot depth shall be the length of a straight line connecting the bisecting point of the front lot line and the intersection of the two sidelines.

(Ord. 16653 § 2 (part), 2007)

"Double frontage lot" means any lot having frontage on two streets which are nonintersecting or which intersect at an angle of less than or equal to seventy degrees with reference to the lot, as distinguished from a corner lot.

(Ord. 16653 § 2 (part), 2007)

"Interior lot" means any lot having frontage on one street only.

(Ord. 16653 § 2 (part), 2007)

"Panhandle lot" means a lot with frontage and access provided by way of a narrow projection of the lot to the street.

(Ord. 16653 § 2 (part), 2007)

"Triple frontage lot" means a corner lot having frontage on three streets.

(Ord. 16653 § 2 (part), 2007)

"Lot of record" means a lot that is a part of a subdivision or plat that has been recorded in the real property records of the county clerk, or a lot described by metes and bounds, the description of which has been recorded in the real property records of the county clerk.

(Ord. 16653 § 2 (part), 2007)

"Average lot width" means the lot area divided by the lot depth.

(Ord. 16653 § 2 (part), 2007)

"Machinery manufacturing" means a facility where heavy equipment is manufactured, produced or assembled.

(Ord. 16653 § 2 (part), 2007)

"Main track" means a track, other than an auxiliary track, within railroad right-of-way which extends through railyards and between stations, upon which trains are operated by timetable or track warrant, or both, or the use of which is governed by a signal system.

(Ord. 16653 § 2 (part), 2007)

See "Public utility facility."

(Ord. 16653 § 2 (part), 2007)

See "HUD-code manufactured home."

(Ord. 16653 § 2 (part), 2007)

"Manufacturer's rated carrying capacity" means the nominal or commonly used carrying capacity in tons assigned by the manufacturer to a truck or piece of equipment, as distinguished from the actual load carrying capacity.

(Ord. 16653 § 2 (part), 2007)

"Manufactured home (sales display and repair)" means a facility for the sales, display and repair of manufactured housing.

(Ord. 16653 § 2 (part), 2007)

"Marquee" means a canopy-type or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line.

(Ord. 16653 § 2 (part), 2007)

"Masonry wall" means a vertical barrier intended to provide visual screening and privacy constructed primarily of any combination of durable rock, brick or concrete. For purposes of this Title, a masonry wall may include decorative elements of wrought-iron.

(Ord. No. 18461, § 1, 1-12-2016)

"Massage establishment" means a place of business that advertises massage therapy or offers massage therapy as a service. "Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."

(Ord. 16653 § 2 (part), 2007)

"Master zoning plan" means the conceptual site plan and narrative proposal submitted with an application for a mixed-use zoning district (RMU, GMU or IMU), that, if approved by city council, sets out the zoning regulations for the mixed-use district. The master zoning plan must show the proposed uses, lot sizes, setbacks, height of buildings and design standards for the entire development.

(Ord. 16653 § 2 (part), 2007)

"Mausoleum" means a structure for the entombment of the dead above ground.

(Ord. 16653 § 2 (part), 2007)

"Medical lab" means a facility equipped for medical testing and analysis.

(Ord. 16653 § 2 (part), 2007)

See "Clinic."

(Ord. 16653 § 2 (part), 2007)

"Miniature golf course" means a theme-oriented recreational facility where the principal activity is golf played on a miniature course, and which may provide auxiliary uses such as food service and amusement game machines.

(Ord. 16653 § 2 (part), 2007)

See "Public utility facility."

(Ord. 16653 § 2 (part), 2007)

"Mixed-use residential" when used to describe land use or development, means the use or development, as applicable, of a site consisting of residential and nonresidential uses in which the residential uses are at least sixty-five percent of the total square footage of the development and meets the criteria found in El Paso City Code Section 20.10.363. The term includes the use or development of a condominium. A "condominium" means a single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property. Developments not meeting the criteria listed above shall not be considered mixed-use residential and shall be required to meet the requirements of the base zoning or use requirements.

(Ord. No. 019815, § 1, 11-18-2025)

"Mobile home" is defined by the Texas Manufactured Housing Standards Act as a structure constructed before 1976 and regulated by the Texas Department of Housing and Community Affairs.

(Ord. 16653 § 2 (part), 2007)

See "HUD-code manufactured home park."

(Ord. 16653 § 2 (part), 2007)

See "Manufactured home (sales, display and repair)."

(Ord. 16653 § 2 (part), 2007)

"Mobile home space" means a lot or site within an approved mobile home park designed for the accommodation of a mobile home unit.

(Ord. 16653 § 2 (part), 2007)

"Mobile office/storage unit (related to construction operations)" means a temporary mobile or relocatable office or storage unit located on a site incidental to construction operations during development being conducted on the same tract or subdivision, and which is removed upon completion of construction.

(Ord. 16653 § 2 (part), 2007)

"Mobile office/storage unit (related to sales or rental)" means a temporary mobile or relocatable office unit for use as sales or rental office for an approved real estate development or subdivision.

(Ord. 16653 § 2 (part), 2007)

"Mobile service unit" means a self-contained and self-powered vehicle that is equipped to operate as an extension of a licensed fixed base automobile and light truck lubrication business or as a mobile refueling station, in zoning districts where the fixed base business equivalent is a permitted use. All mobile service units must obtain an operator permit from the city. Mobile service units are additionally subject to all city code provisions including development standards in Section 20.10.365 and other applicable federal, state or local regulations.

(Ord. 16653 § 2 (part), 2007)

"Mobile recycling unit" means an automobile, truck, trailer, van or other commercial vehicle, which is used for the collection of recyclable material. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable material.

(Ord. 16653 § 2 (part), 2007)

"Model dwelling" means a completed unoccupied housing unit located in a subdivision and used for the sole purpose of displaying and selling similar units within the same subdivision and used for this purpose only until the units within said area are sold.

(Ord. 16653 § 2 (part), 2007)

See "Funeral home."

(Ord. 16653 § 2 (part), 2007)

See "Hotel."

(Ord. 16653 § 2 (part), 2007)

"Motor-carrier" means a carrier engaged in transporting, by motor vehicles on public/private streets and highways, freight or passengers through local, intrastate or interstate transportation.

(Ord. 16653 § 2 (part), 2007)

"Motor-carrier terminal" means an area and buildings where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo for transshipment or distribution on a regular basis, and which may include facilities for the temporary storage of loads prior to shipment and facilities for the maintenance of transport vehicles.

(Ord. 16653 § 2 (part), 2007)

"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(Ord. 16653 § 2 (part), 2007)

"Motor vehicle" means every vehicle that is self-propelled.

(Ord. 16653 § 2 (part), 2007)

"Major motor vehicle repair" means an area or building which may provide services of major automotive repair, automotive tune-up or lubrication service; and allows the repair, rebuilding or reconditioning of engines, motor vehicles and trailers; including painting of vehicles.

(Ord. 16653 § 2 (part), 2007)

"Minor motor vehicle repair" means an area or building that may provide the services of minor automotive repair, tune-up or lubrication service and/or an automotive service station and may include the following activities:

1.

Wheel alignments and mounting;

2.

Tire sales, service, mounting and balancing;

3.

Maintenance on brake system;

4.

Emergency road service;

5.

Inspections.

(Ord. 16653 § 2 (part), 2007)

"Motor vehicle storage yard" means an area located on the property of a "motor vehicle repair, major" facility that has a storage area for temporary storage of motor vehicles that are inoperative and waiting for parts or unsafe to operate. This area is in addition to the parking spaces required for customers and employees.

(Ord. 16653 § 2 (part), 2007)

See "Automobile wrecking yard."

(Ord. 16653 § 2 (part), 2007)

"Moving and storage facility" means a facility that provides specialized local or long-distance trucking of household, institutional, or commercial furniture and equipment. Incidental packing and storage activities are often provided.

(Ord. 16653 § 2 (part), 2007)

"Music store" means an establishment that engages in retailing prerecorded audio and video tapes, compact discs (CDs), digital video discs (DVDs), phonograph records, musical instruments, sheet music and related supplies.

(Ord. 16653 § 2 (part), 2007)

"Carnival neighborhood fair" means the temporary use of land with various rides for entertainment and booths for the sale of food and drink.

(Ord. 16653 § 2 (part), 2007)

"Nonconforming lot" means an otherwise legally platted lot that does not conform to the minimum area or dimensional requirements of this title for the zoning district in which it is located either at the effective date of the ordinance codified herein or as a result of subsequent amendments to such ordinance.

(Ord. 16653 § 2 (part), 2007)

"Nonconforming structure" means an otherwise legal building or structure that does not conform with the lot area, yard, height, fence or screening wall, lot coverage, or other area regulations of this title, for the zoning district in which it is located, either at the effective date of the ordinance codified herein or as a result of subsequent amendments to such ordinance.

(Ord. 16653 § 2 (part), 2007)

"Nonconforming use" means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this title for the zoning district in which it is located, either at the effective date of the ordinance codified herein or as a result of subsequent amendments to such ordinance.

(Ord. 16653 § 2 (part), 2007)

The ordinance codified in this title shall be known as the "Zoning Ordinance for the City of El Paso, Texas."

(Ord. 16653 § 2 (part), 2007)

This title shall apply to the incorporated area of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

The zoning regulations and districts as established in this title have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of the land throughout the city.

(Ord. 16653 § 2 (part), 2007)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this title to interfere with, or abrogate or annul any easements, covenants, or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or lot dimensions than are imposed or required by other resolutions, ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall govern.

(Ord. 16653 § 2 (part), 2007)