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 building (five or more units)" means a building or part of a building containing five or more attached dwelling units.

(Ord. 16653 § 2 (part), 2007)

"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)

"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)

"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)" means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight 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. The term does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

(Ord. 16653 § 2 (part), 2007)

"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)

"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)

"Nonionizing electromagnetic radiation (NIER) report" means a technical report containing information about the amount of electromagnetic radiation emissions generated by radio broadcast or telecommunication antenna installation. The report shall be in a format acceptable to the Federal Communications Commission (FCC) and shall include:

1.

Name and address of the owner of the transmitter and antenna;

2.

Location of the antenna, including address, geographic coordinates and height above the ground;

3.

Manufacturer, type and model of antenna and antenna radiation patterns, to the extent they are available;

4.

Frequency and output of transmitter and direction of transmission;

5.

Power input to antenna;

6.

Type of modulation and class of service.

(Ord. 16653 § 2 (part), 2007)

"Nonmetallic mineral product manufacturing" means a facility that transforms mined or quarried nonmetallic minerals, such as sand, gravel, stone, clay, and refractory materials, into products for intermediate or final consumption. Processes used include grinding, mixing, cutting, shaping, and honing.

(Ord. 16653 § 2 (part), 2007)

"Nude live entertainment club" means any establishment that offers nude live entertainment. "Nude live entertainment" means live human dancers, models, actors, actresses, players, waitresses or waiters exposing "specified anatomical areas," as that term is defined in this Code, to the view of patrons.

(Ord. 16653 § 2 (part), 2007)

See "Convalescent home."

(Ord. 16653 § 2 (part), 2007)

"Greenhouse nursery" means a facility for the storage of live trees, shrubs, or plants offered for retail sale on the premises.

(Ord. 16653 § 2 (part), 2007)

"Nursery (industrial-scale)" means a wholesale business whose principal activity is the growing and selling of plants.

(Ord. 16653 § 2 (part), 2007)

See "Office, business."

(Ord. 16653 § 2 (part), 2007)

"Business office" means a facility or portion of a building in which the administrative activities, record keeping, clerical work and other similar affairs of a business, professional service, industry, or government are conducted. A business office shall include a psychologist's or psychiatrist's office.

(Ord. 16653 § 2 (part), 2007)

"Medical office" means a facility or portion of a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities; includes physician's and other medical offices. For a psychologist's or psychiatrist's office, see "Office, business."

(Ord. 16653 § 2 (part), 2007)

See "Office, business."

(Ord. 16653 § 2 (part), 2007)

"Office warehouse" means a facility that has the combined uses of office/showroom and warehouse for the primary purpose of retail and wholesale trade, display, and distribution of products.

(Ord. 16653 § 2 (part), 2007)

"Open pit mining" is essentially the same as strip mining, except that open pit mining is typically deeper with less horizontal area than strip mining.

(Ord. 16653 § 2 (part), 2007)

"Open space" means an area that is intended to provide light and air and is designed for either scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, desert areas, foothills, walkways, active and passive recreation areas, hike and bike trails, equestrian trail nodes, picnic benches and shelters, scenic lookouts, viewing shelters, shade structures, playgrounds, fountains, river banks, swimming pools, wooded areas and water courses, and restrooms. The calculation of required open space shall not include driveways, parking lots or other surfaces designed or intended for vehicular travel or storage.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17490, § 1, 1-25-2011)

"Common open space" means private land in a subdivision in which the owners have an undivided interest and which is specifically developed for common recreational areas, or designated for the general use and enjoyment of the occupants of the development.

(Ord. 16653 § 2 (part), 2007)

"Natural open space" (NOS) means a zoning district that includes areas consisting of primarily natural and undisturbed landscape set aside for the purpose of preservation or conservation of natural resources, habitats, wildlife and/or features or scenic/aesthetic values. This zoning district is appropriate for areas consisting of, but not limited to, natural vegetation, arroyos, mountains and other geologic landforms, historic/cultural sites, water bodies/wetlands/riparian areas, wildlife habitats, hillside slopes, desert flatlands, ridgelines, scenic buffer areas, trailheads and trails. In addition to the preservation and conservation of land, the NOS zoning district is intended, but not required to allow for passive recreational uses, including such activities as mountain and recreational biking, hiking, jogging, walking, horseback riding, nature study or observation, and photography, as well as other activities that do not adversely affect the environmental characteristics of the district. Activities shall not include motorized activity except for maintenance, emergency services or legal access agreements or as allowed on streets, parking lots, or railroad right-of-way.

(Ord. No. 17306, § 1, 4-6-2010; Ord. No. 17490, § 2, 1-25-2011; Ord. No. 18531, § 1, 6-28-2016)

"Private open space" means the part of a lot owned by a person or entity in a planned mountain development specifically designated as open area to remain undisturbed in its natural state.

(Ord. 16653 § 2 (part), 2007)

"Public open space" means the land dedicated to and accepted by the City of El Paso that is specifically designated as open area to remain undisturbed in its natural state.

(Ord. 16653 § 2 (part), 2007)

"Flea market operator" means the property owner or his agent/representative who engages in the business of a flea market by renting, leasing or otherwise securing spaces, stalls, rooms or stands from which merchandise may be sold, offered or exhibited for sale by vendors.

(Ord. 16653 § 2 (part), 2007)

"Optical dispensary" means a facility that retails prescription or nonprescription eyeglasses and contact lenses. This category also includes establishments that provide customer fitting or lens grinding in addition to eyeglasses.

(Ord. 16653 § 2 (part), 2007)

"Shelter orphanage" means an institution for the care of orphans.

(Ord. 16653 § 2 (part), 2007)

"Other retail establishment (high-volume)" means establishments engaged in high volume selling of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Characteristics of a retail trade establishment are:

1.

The establishment is usually a place of business and is engaged in activity to attract the general public to buy;

2.

The establishment buys, receives and sells merchandise;

3.

The establishment may process some of the products, but such processing is incidental or subordinate to the selling activities;

4.

The establishment sells to customers for their own personal or household use.

This definition does not include other uses that are specifically listed in this title.

(Ord. 16653 § 2 (part), 2007)

"Other retail establishment (low-volume)" means establishments engaged in low volume selling of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Characteristics of retail trade establishments are:

1.

The establishment is usually a place of business and is engaged in activity to attract the general public to buy;

2.

The establishment buys, receives and sells merchandise;

3.

The establishment may process some of the products, but such processing is incidental or subordinate to the selling activities;

4.

The establishment sells to customers for their own personal or household use.

This definition does not include other uses that are specifically listed in this title.

(Ord. 16653 § 2 (part), 2007)

"Other wholesale establishment (high-volume)" means establishments engaged in high volume selling of merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers. This definition does not include other uses that are specifically listed in this title.

(Ord. 16653 § 2 (part), 2007)

"Other wholesale establishment (low-volume)" means establishments engaged in low volume selling of merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers. This definition does not include other uses that are specifically listed in this title.

(Ord. 16653 § 2 (part), 2007)

"Package liquor store" means a store that sells bottled or canned alcoholic beverages for consumption off the premises.

(Ord. 16653 § 2 (part), 2007)

"Paint ball center (indoor)" means a facility used for the discharging of paint ball guns, and which is completely enclosed within a building or structure.

(Ord. 16653 § 2 (part), 2007)

"Paint ball center (outdoor)" means land used for the discharging of paint ball guns.

(Ord. 16653 § 2 (part), 2007)

"Parking lot" means an area, not including a street or alley right-of-way, containing one or more parking spaces for motor vehicles, designed in accordance with the requirements of Chapter 20.14, and intended as an accommodation for patrons, customers, and employees, either with or without a charge for such accommodation.

(Ord. 16653 § 2 (part), 2007)

"Parking reduction" means the reduction of the amount of off-street parking required for a specific use or use category, as approved by city council.

(Ord. 16653 § 2 (part), 2007)

"Off-street parking space" means an area, not including a street or alley right-of-way, permanently reserved for the temporary storage of one motor vehicle, meeting all of the requirements of Chapter 20.14.

(Ord. 16653 § 2 (part), 2007)

"Parking spaces (serving another property)" means parking spaces on property which is located on a separate site from the property requiring the off-street parking spaces.

(Ord. 16653 § 2 (part), 2007)

"Parkway" means that area of street right-of-way between the property line and the curb or, in the absence of a curb, between the property line and the nearest edge of the street paving.

(Ord. 16653 § 2 (part), 2007)

"Passenger car" means every vehicle, except motorcycles, designed for carrying ten passengers or less and used for the transportation of persons.

(Ord. 16653 § 2 (part), 2007)

"Passenger station" means a type of passenger terminal that receives and discharges passengers by rail.

(Ord. 16653 § 2 (part), 2007)

"Passenger terminal" means a facility or location where the principal use is the handling, receiving and transfer of passenger traffic, and may include as an accessory use 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 facility that handles the transport of passengers, by any vehicle type, for any public, private or parochial school shall not be considered to be a passenger terminal.

(Ord. 16653 § 2 (part), 2007)

"Passive recreation" means recreational activities requiring minimal development or facilities and providing areas for informal, self-directed activities that place minimal stress on a site's resources and are highly compatible with natural resource protection. Such activities include, but are not limited to, backpacking, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, mountain and recreational bicycling, running/jogging, horseback riding and climbing. Passive recreational activities do not require highly structured facilities like sports fields or pavilions, but may include minor facilities ancillary to passive recreational activities including, but not limited to interpretive signage and kiosks for educational purposes, picnic areas, parking areas, restrooms and shade structures with preference given to natural sources of protection such as trees.

(Ord. No. 18531, § 2, 6-28-2016)

"Passive solar energy system" means any space or structural components that are specifically designed to retain heat derived from solar energy, including ponds for evaporative cooling, and any moving parts that increase heat retention by the system.

(Ord. 16653 § 2 (part), 2007)

"Pasturage (small or large animals)" means land used for grazing.

(Ord. 16653 § 2 (part), 2007)

"Patio house" means a single-family dwelling, attached or semidetached, which together with an enclosed private court or patio may occupy up to one hundred percent of a subdivided lot or assigned land area. The courtyard or patio of such a house serves as the principal open space for the occupants and a major source of natural light for the interior of the house.

(Ord. 16653 § 2 (part), 2007)

"Pawn shop" means an establishment engaged in the business of lending money of the security of pledged goods; or purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed priced within a fixed period.

(Ord. No. 18244, § 1, 9-16-2014)

"Performing arts center" means a structure or structures, used for dramatic, operatic, or other performance as the principal use of the space, although incidental use for private meetings, exhibits and presentations shall be permitted. Such establishments may include related services such as food and beverage sales and other concessions.

(Ord. 16653 § 2 (part), 2007)

"Performance standard" means regulations that allow uses based on specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, and visual impact of uses of land or structures.

(Ord. 16653 § 2 (part), 2007)

"Person" means any individual, partnership, corporation or other entity of any kind authorized to transact business in the state.

(Ord. 16653 § 2 (part), 2007)

"Personal care facility" means a facility where personal care services are furnished for twenty-four hours a day to any person who is unable to provide for his own personal needs without such assistance. (See adult foster care, assisted living facility, convalescent, nursing or rest home.)

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17577, § 1, 7-7-2011)

"Personal care services" means:

a.

Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance;

b.

The administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or

c.

General supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17577, § 1, 7-7-2011)

"Personal goods repair" means a facility engaged in the repair of watches, jewelry, musical instruments, bicycles or similar items.

(Ord. 16653 § 2 (part), 2007)

"Personal wireless service facility (PWSF)" is an umbrella term encompassing a broad range of wireless communications technologies that transmit information, primarily cellular telephones (which use analog technology) and the newer personal communication services (PCS, which use digital technology). For both cellular and PCS facilities, there are three types of hardware to be considered: the antennas themselves, the mounting structures upon which the antennas are placed, and the equipment shelters in which the controls for the antennas are located.

1.

"Ground-mounted PWSF" means an antenna that is mounted on a freestanding support structure, such as a monopole or tower.

2.

"Roof-mounted PWSF" means an antenna that is mounted on a structure that is located on the roof of a building.

3.

"Facility-mounted PWSF" means an antenna that is mounted on a functioning light pole or other structure whose primary purpose is and will continue to be a use other than as an antenna support structure.

(Ord. 16653 § 2 (part), 2007)

"Petroleum products manufacturing" means a facility for the work or processing necessary for the production of petroleum products.

(Ord. 16653 § 2 (part), 2007)

"Pharmacy" means a place where drugs and medicines are prepared and dispensed.

(Ord. 16653 § 2 (part), 2007)

"Phasing plan" means a general proposal for development of property containing the proposed sequence of development, open space, the layout of land uses, density expressed in units per acre, a circulation plan, and any similar information determined necessary for the review of the proposed development.

(Ord. 16653 § 2 (part), 2007)

"Photo finishing lab" means a business where the primary function is to develop and print photographic film.

(Ord. 16653 § 2 (part), 2007)

"Place of public assembly" shall mean any public or private college, university, school, library, museum, religious institution, community recreational facility, public recreational facility, or other similar public facility.

(Ord. No. 17360, § 3, 7-20-2010)

"Plan commission" means the city plan commission of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

"Planned development" means a development on property which is planned and built to achieve a cohesive relationship between uses and facilities; which has been platted in accordance with this Code; and which has received approval from city council.

(Ord. 16653 § 2 (part), 2007)

"Planned residential development" means a residential development within which are permitted a diversity of dwelling types and uses, observing the design requirements of the zoning district and requiring approval of the city council before the start of development.

(Ord. 16653 § 2 (part), 2007)

"Plastics products finishing" includes the production of plastics or rubbers from an intermediate product into a final product, often characterized by a process of additive manufacturing, 3D printing, thermoforming, stamping, polishing, or final assembly.

(Ord. No. 019517, § 1, 6-20-2023)

"Plastics products manufacturing" means the processing of bulk synthetic or organic polymers, rubbers and urethanes into an intermediate or final form but excludes the recycling or remanufacturing of such products.

(Ord. No. 019517, § 1, 6-20-2023)

"Poultry hatchery" means a facility used for hatching, rearing or keeping of poultry for either egg or meat production.

(Ord. 16653 § 2 (part), 2007)

"Precision equipment repair" means establishments primarily engaged in repairing and maintaining electronic and precision equipment, such as medical diagnostic imaging equipment, measuring and surveying instruments, laboratory instruments, and radar and sonar equipment.

(Ord. 16653 § 2 (part), 2007)

"Primary metal manufacturing" means a facility that smelts and/or refines ferrous and nonferrous metals from ore, pig iron or scrap, using electrometallurgical and other metallurgical techniques. These facilities also manufacture metal alloys and superalloys by introducing other chemical elements to pure metals.

(Ord. 16653 § 2 (part), 2007)

"Primary system" means that portion of connected main highways located within the state which now or hereafter may be designated officially by the state highway and public transportation commission.

(Ord. 16653 § 2 (part), 2007)

"Principal use" means a use that is the predominant activity or operation of the facility, building or premises.

(Ord. 16653 § 2 (part), 2007)

"Produce stand" means a facility used primarily for the sale of fruits, vegetables and other farm products, not to include meat and dairy products.

(Ord. 16653 § 2 (part), 2007)

"Provider" means a person residing or working in a personal care facility, whose duties include, but are not limited to, direct care, supervision and guidance of personal care recipients.

(Ord. 16653 § 2 (part), 2007)

"Premises" means a lot, together with all buildings and structures thereon.

(Ord. 16653 § 2 (part), 2007)

"Heavy processing facility" means any processing facility other than a light or a waste processing facility.

(Ord. 16653 § 2 (part), 2007; Ord. No. 19019, § 2, 1-7-2020)

"Light processing facility" means a facility with less than forty-five thousand square feet of gross collection, processing and storage area. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separate recyclable material and repairing of reusable material. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.

(Ord. 16653 § 2 (part), 2007)

"Waste processing facility" means a facility where solid waste or wastewater is processed for eventual disposal or reclamation. Waste types can include recyclable materials, putrescible materials, regulated medical waste, and wastewater or septage. Waste processing facilities owned by, or operated for, federal, state, or local government entities are excluded from this definition of waste processing facility.

(Ord. No. 19019, § 1, 1-7-2020)

"Property line" means the official boundary of a parcel, lot, or tract of land as designated by either a metes and bounds description or recorded subdivision plat filed in the records and maps of the county clerk.

(Ord. 16653 § 2 (part), 2007)

"Public building" means a building, or part thereof, owned and occupied and used by an agency or political subdivision of the United States of America, the state of Texas, El Paso County or the City of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

"Public entryway" means street frontage or building entries open to the public, but shall not include loading docks, delivery entries, curb cuts or required exits to buildings.

(Ord. 16653 § 2 (part), 2007)

"Public utility" means a closely regulated enterprise existing under the provisions of Chapter 402 of the Texas Local Government Code or of Title 32, Chapter 10 of the Texas Revised Civil Statutes, which provides to the public a utility service deemed necessary for the public health, safety, and general welfare. For purposes of this section, a municipality owning or operating a public utility system or an entity with a franchise with the municipality to provide a public utility system shall be considered a public utility.

(Ord. 16653 § 2 (part), 2007)

"Public utility facility" means the buildings, structures and facilities relating to the furnishing of public utility services to the public. Public utility facilities shall be categorized as follows:

A.

Minor Utility Facilities. Minor utility facilities shall include facilities which are necessary to support principal development including, but not limited to, lines, poles, pipes, drains, conduits, wires, meters, valves, hydrants, cross-connection control devices, transformers, gauges and other similar facilities which serve to distribute and transmit electrical power, gas, water and other essential public utilities; bus shelters, terminals and other similar facilities necessary for mass transportation service; bridges, catch basins, channels, culverts, detention ponds, ditches, flumes, pipes and other similar facilities which serve to carry, store, divert or collect storm drainage from land; and which minor utility facilities are customarily placed within a public right-of-way or public easement.

B.

Water and Wastewater Utility Facilities. Water and wastewater utility facilities shall include facilities providing service, maintenance or repair of essential public utilities to one or more developments including, but not limited to, wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations, regulators and other similar facilities; and which are not a minor or major utility facility.

C.

Communication Utility Facilities. Communication utility facilities are not minor or major utility facilities and shall include facilities that provide for the transmission, transfer and distribution of telephone service and related activities. Facilities include, but shall not be limited to, communications exchanges, mini-huts, maxi-huts and other similar facilities.

D.

Major Utility Facilities. Major utility facilities shall include facilities which are used primarily for the storage, treatment, distribution or collection of an essential public utility service including, but not limited to, facilities for generation of energy, water and wastewater treatment plants, storage yards, switching facilities, primary substations and similar facilities.

(Ord. 16653 § 2 (part), 2007)

"Public utility service" means a service essential to the health, safety and general welfare of the public, such as the generation, transmission and/or distribution of electricity, gas, steam, communications, and water; the collection and treatment of sewage and solid waste; the collection, storage or diversion of surface waters from land; and the provision of mass transportation.

(Ord. 16653 § 2 (part), 2007)

"Pumpkin patch" means a temporary location from which pumpkins are sold.

(Ord. 16653 § 2 (part), 2007)

"Quadraplex" means a building designed or occupied as four dwelling units.

(Ord. 16653 § 2 (part), 2007)

"Quarry" means an open pit from which building stone, sand, gravel, mineral or fill is taken to be processed for commercial purposes.

(Ord. 16653 § 2 (part), 2007)

See "Stadium."

(Ord. 16653 § 2 (part), 2007)

See "Stadium."

(Ord. 16653 § 2 (part), 2007)

"Indoor racquetball club (with/without restaurant and bar)" means a commercial or noncommercial establishment that provides facilities for playing racquetball.

(Ord. 16653 § 2 (part), 2007)

"Outdoor racquetball club (with/without restaurant and bar)" means a commercial or noncommercial establishment that provides facilities for playing racquetball.

(Ord. 16653 § 2 (part), 2007)

"Radio transmitting and receiving facility" means a site containing radio transmitting and receiving apparatus and appurtenant equipment and including unipole or dipole antennas, array antennas or microwave parabolic (dish) antennas which radiate, and may receive, audio, video, digital or encoded radio frequency signals from station-to-station or on a broadcast basis. Such facilities shall include, but shall not be limited to, commercial AM or FM radio station transmitter sites, commercial television station transmitter sites, telephone cellular stations and mobile type radio communication fixed transmitter sites. The antennas may be wall, roof or tower mounted. This definition shall not apply to federally licensed amateur radio stations complying with the Federal Communications Commission (FCC) regulations.

(Ord. 16653 § 2 (part), 2007)

"Railroad repair shop" is a repair facility consisting of tracks and shop buildings for the purpose of repairing, inspecting, testing, painting, maintaining, servicing and storing cars, engines, trucks, locomotives, switch engines, rolling stock and equipment as well as all equipment and facilities utilized to accomplish the foregoing activities.

(Ord. 16653 § 2 (part), 2007)

"Railroad right-of-way (R.O.W.)" is a roadway not exceeding two hundred feet in width occupied by a main track or other trackage including, but not limited to, land as may be reasonably needed for the purpose of cuttings and embankments necessary for the proper construction and security of its tracks, and any and all rights and appurtenances authorized by state or federal law.

(Ord. 16653 § 2 (part), 2007)

"Railroad spur track" is a track which facilitates service by a carrier to one or more warehousing, manufacturing or industrial enterprises, for the purpose of receiving materials needed for the operation of that enterprise and the loading or unloading of freight onto trailers, containers or railcars.

(Ord. 16653 § 2 (part), 2007)

"Railyard" is an area of land, a portion of which is covered by a system of tracks that provide for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a railyard include, but are not limited to, the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of cars, trains, engines, locomotives and rolling stock.

(Ord. 16653 § 2 (part), 2007)

"Raising (small or large animals)" means the use of land for the raising of animals for agricultural or commercial purposes.

(Ord. 16653 § 2 (part), 2007)

"Raising crops" means the use of land for the raising of crops for agricultural or commercial purposes.

(Ord. 16653 § 2 (part), 2007)

"Ranchette" means a single dwelling unit occupied by a non-farming household on a parcel greater than one acre but less than five acres that has been subdivided from agricultural land.

(Ord. 16653 § 2 (part), 2007)

"Raw material processing" means the processing of extracted materials from a site, as related to a quarry operation.

(Ord. 16653 § 2 (part), 2007)

"Recreation vehicle" means a vehicle that is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projections;

3.

Self-propelled or permanently towable by motor vehicle or light duty truck;

4.

Designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; and

5.

Required by Texas law to have a valid vehicle registration when traveling upon public streets.

"Recreational vehicle" shall not include a manufactured home.

(Ord. 16653 § 2 (part), 2007)

"Recreation vehicle park" means a unified development on a tract of land under common ownership designed primarily for transient service, on which recreational vehicles of the general public are parked or situated.

(Ord. 16653 § 2 (part), 2007)

"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous waste, unless such refuse or hazardous waste is mandated to be recycled under federal, state or local law. Recyclable material may include used motor oil collected and transported in accordance with federal, state and local laws.

(Ord. 16653 § 2 (part), 2007)

"Recycling facility" means a center for the collection and/or processing of recyclable material. A recycling facility does not include storage containers or processing facilities located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include collection facilities and processing facilities.

(Ord. 16653 § 2 (part), 2007)

"Recycling collection facility, large (greater than two thousand square feet)" means a center with more than two thousand square feet of recycling area for the collection or processing of recyclable materials including glass, paper, plastic, cans, motor oil, chemicals, household appliances, tires, automobiles, automobile parts, or other source-separated nonputrescible materials.

(Ord. 16653 § 2 (part), 2007)

"Recycling collection facility, small (less than or equal to two thousand square feet)" means a center with two thousand square feet or less of recycling area for the collection or processing of recyclable materials including glass, paper, plastic, cans or other source-separated nonputrescible materials, but excluding motor oil, chemicals, household appliances, tires, automobiles, automobile parts and putrescible materials.

(Ord. 16653 § 2 (part), 2007)

"Temporary recycling collection facility" means a temporary facility designed to be a collection point where only recyclable materials are sorted and/or temporarily stored prior to delivery to a permanent disposal site, or shipment to others for reuse, and/or processing into new products. This facility can be mobile.

(Ord. 16653 § 2 (part), 2007)

"Regulations" means the whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols, contained or referred to in the El Paso City Code.

(Ord. 16653 § 2 (part), 2007)

"Environmental and wildlife research" means scholarly or scientific investigation, or study related to environmental, cultural, nature, habitat, or wildlife.

(Ord. No. 17776, § 1, 5-1-2012)

"Research laboratory" means a facility where administrative, engineering, scientific research, design, or experimentation, including research on electronic components, optical equipment, etc., is conducted with minimal noxious impacts.

(Ord. 16653 § 2 (part), 2007)

"Resource recovery plant" means a facility for the processing of municipal solid waste or wastewater treatment byproducts into energy or other useful products.

(Ord. 16653 § 2 (part), 2007)

"Drive-in restaurant" means a restaurant that may or may not provide seating inside and its principal character is to provide parking spaces for motor vehicles and to provide service to patrons who remain in the motor vehicles.

(Ord. 16653 § 2 (part), 2007)

See "Convalescent, nursing or rest home."

(Ord. 16653 § 2 (part), 2007)

"Retail shipping center" means a type of freight terminal where the principal activity is shipping, mailing and drop-off services, and may include as an accessory use the retailing of products associated with product shipping and mailing.

(Ord. 16653 § 2 (part), 2007)

"Reverse vending machine" is an automated mechanical device which accepts and mechanically processes at least one or more types of materials including, but not limited to, aluminum cans, glass and plastic bottles and issues a cash refund or a redeemable credit slip or other form of benefit; and the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, multiple grouping of reverse vending machines may be necessary.

(Ord. 16653 § 2 (part), 2007)

"Riding academy" means an establishment where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be rented for riding.

(Ord. 16653 § 2 (part), 2007)

Editor's note— Ord. No. 18241, § 1, adopted September 9, 2014, repealed § 20.02.820, which pertained to rooming house and derived from Ord. 16653 § 2 (part), 2007.

"Sales stands (ranch and farm products)" means the temporary use of land for the sale of agricultural produce or merchandise produced by the owner or the owner's family on their farm.

(Ord. 16653 § 2 (part), 2007)

"Salvage yard (scrap materials)" means a facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment and appliances.

(Ord. 16653 § 2 (part), 2007)

"Sand and gravel pit" means a type of open pit mine, or strip mine, from which sand and gravel are removed.

(Ord. 16653 § 2 (part), 2007)

"Extraction of sand or gravel" means the separation and removal of sand or gravel from a quarry for commercial or other purposes.

(Ord. 16653 § 2 (part), 2007)

"Sanitarium" means a facility where two or more sick, injured or infirm persons are regularly housed, and are provided therapy, treatment or rehabilitation, with no surgical care provided.

(Ord. 16653 § 2 (part), 2007)

"Sanitary landfill" means a publicly or privately owned area of land used for the disposal of solid waste in accordance with applicable statutes, ordinances, standards, rules or orders pertaining to the disposal of solid waste where the landfill is located.

(Ord. 16653 § 2 (part), 2007)

"Exercise room sauna" means a building or portion of a building used for providing a steam bath or heated bathing room using steam or hot air.

(Ord. 16653 § 2 (part), 2007)

"Scenic area" means any area of particular scenic beauty or historical significance as determined by the United States of America, the state, or the city, including any interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty.

(Ord. 16653 § 2 (part), 2007)

"Scenic corridor" means an area of land generally adjacent to and visible from a roadway that requires protective measures to ensure perpetuation of its scenic qualities.

(Ord. 16653 § 2 (part), 2007)

"Elementary school" means any public, private or parochial institution that offers a course of instruction for grades pre-kindergarten through sixth grade.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18104, § 1, 12-17-2013)

"Secondary school" means any public, private or parochial institution that offers a course of instruction for grades seventh through twelfth grade. A single building including a combination of pre-kindergarten through twelfth grade shall be considered a secondary school.

(Ord. No. 18104, § 1, 12-17-2013)

"School, arts and crafts" means a facility for instruction in arts and crafts.

(Ord. 16653 § 2 (part), 2007)

"Trade, business or vocational school" means a facility where training is provided in a particular trade, craft or skill.

(Ord. 16653 § 2 (part), 2007)

"Screening" means a hedge, earth berm, wall or fence constructed in accordance with the requirements of the ordinance codified herein to provide a visual separator or physical barrier.

(Ord. 16653 § 2 (part), 2007)

"Seafood product preparation and processing" means a facility primarily engaged in canning seafood (including soup); smoking, salting, and drying seafood; eviscerating fresh fish by removing heads, fins, scales, bones, and entrails; shucking and packing fresh shellfish; processing marine fats and oils; and freezing seafood.

(Ord. 16653 § 2 (part), 2007)

"Seat" means a seating space at least eighteen inches wide and suitable for human occupancy.

(Ord. 16653 § 2 (part), 2007)

"Secondary mobile home unit" means a "mobile home" that is located on the same lot, tract or parcel of land as a single-family detached dwelling, when permitted by special permit in the R-F zoning district.

(Ord. 16653 § 2 (part), 2007)

"Security fence" means a fence not to exceed twelve feet in height and made of decorative aluminum or steel to provide site security around a property and/or to elements within a property.

(Ord. No. 019517, § 1, 6-20-2023)

"Self-storage warehouse" means a building or group of buildings divided into separate compartments which are rented to meet temporary storage needs; and may include refrigerated facilities. May also include the storage of vehicles, recreational vehicles and boats.

(Ord. 16653 § 2 (part), 2007)

"Setback line" means the distance between a structure and the nearest lot line.

(Ord. 16653 § 2 (part), 2007)

"Archery or gun shooting range (indoor)" means a facility used for archery and/or the discharging of firearms, and which is completely enclosed within a building or structure.

(Ord. 16653 § 2 (part), 2007)

"Archery or gun shooting range (outdoor)" means land used for archery and/or the discharging of firearms.

(Ord. 16653 § 2 (part), 2007)

"Shopping center" means a group of three or more retail and other commercial establishments and detached buildings that is planned, developed, and operated as if it were a single property regardless of ownership. On-site parking is provided. The center's size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and open-air strip centers, regardless of whether the lots within the shopping center are separately platted lots or the lots are divided with a commercial unit development. In no instance shall a shopping center be located within a shopping center.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17585, § 1, 6-14-2011; Ord. No. 18268, § 1, 10-21-2014)

"Community shopping center" means a moderate-sized shopping center generally utilizing a site of ten to forty acres, with fifteen to forty stores and leading tenants being a discount store, supermarket, drug or small department store and serving several neighborhoods generally having a trade area of three to six miles.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18687, § 1, 5-30-2017)

"Convenience shopping center" means a small shopping center on less than three acres of land and designed to serve a trade area of one mile, with convenience goods.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18687, § 1, 5-30-2017)

"Neighborhood shopping center" means a small to moderate shopping center, generally utilizing a site of three to ten acres, with leading tenants being a supermarket and/or drugstore, and serving a trade area of three miles.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18687, § 1, 5-30-2017)

"Regional shopping center" means a large shopping center, generally utilizing a site of forty to one hundred acres with gross leasable area (GLA) of four hundred thousand to eight hundred thousand square feet having as leading tenants two or more large anchor stores and serving a trade area of five to fifteen miles.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18687, § 1, 5-30-2017)

"Superregional Shopping Center" means a shopping center consisting of three or more anchors and only a minimum amount of small specialty tenants. Compared to traditional regional shopping centers, superregional shopping centers include more anchor stores, offer a deeper selection of merchandise, and draw from a larger population base. To qualify as a superregional, a shopping center must have a total site acreage that exceeds forty acres in size under the control of a single owner, have a gross leasable area (GLA) that exceeds eight hundred thousand square feet, and have a primary trade area in excess of fifteen miles.

(Ord. No. 17960, § 1, 2-19-2013; Ord. No. 18687, § 1, 5-30-2017)

"Shrub" means a woody plant, deciduous or evergreen, generally multi-stemmed with small branches near the ground, and smaller growing than a tree.

(Ord. 16653 § 2 (part), 2007)

"Sign" means any outdoor display surface, structure, search light, banner, pennant, inflatable and airborne device, whether mounted on land, air, or water, which is visible from any portion of the public right-of-way to vehicular or pedestrian traffic, a principal purpose of which is to attract attention to a communicative visual or graphic image. The term "sign" includes any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. A display, device, or thing need not contain lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:

• Aerial signs or banners towed behind aircraft.

• Automated Teller Machines (ATMs) not used for general advertising for hire.

• Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function.

• Barber poles displayed outside establishments providing hair cutting and styling services.

• Fireworks.

• Foundation stones and cornerstones which are permanent in nature and incapable of modification once installed.

• Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased.

• Holiday and cultural observance decorations on private residential property which are on display for not more than 45 calendar days per year (cumulative, per parcel or use).

• Inflatable games and gymnasiums. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices. Also called "party jumps."

• Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.

• Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city merchandise on public, display and presently available for purchase on-site.

• News racks and newsstands.

• Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs);

• Public art located on city property.

• Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention attracting devices for commercial or special events.

• Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle which may be legally operated upon a public road is not within this exclusion.

• Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.

• Vehicle and Vessel Insignia On street legal vehicles and properly licensed watercraft or aircraft: License plates, license plate frames, registration insignia, noncommercial messages, messages relating to the establishment of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.

• Vending machines, product dispensing devices and automated product intake devices which do not display offsite commercial messages or general advertising messages; by way of example and not limitation, "automated product intake devices" means machines which accept recycle materials, or "book return" slots at libraries, or "leave your clothes here" boxes at laundry places.

• Window displays. The display of merchandise in a store window.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Inflatable advertising device means a device .which is inflated with air or another gas, or which is activated by wind, air, or propelled gas, and used for outdoor advertising purposes.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Add-ons, in the context of billboards, means a design element that extends outside the structural display face on a billboard. Also called "extensions."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Adopt-a-median sign means a freestanding sign located in the median of a street right-of-way identifying the entity or organization that is responsible for maintaining the median where the sign is located.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Sign area means the entire area of a sign on which copy could be placed within a continuous perimeter composed of a geometric configuration which encloses the extreme limits of the advertising, excluding the sign pole(s), base(s) or other support(s). Where a sign has two or more faces, the area of all faces shall be considered in determining the sign area, except that only one face of a double-faced sign shall be considered in determining the sign area when both faces are parallel or the faces are in a V configuration and the interior angle between the faces does not exceed forty-five degrees. Where a sign consists only of individual components (letters, numerals, symbols or other similar components), which are painted on or attached flat against the wall of a building, are without integrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the area of the square, rectangle or other straight line geometric configuration which circumscribes the entire message.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Auxiliary sign means a sign with no commercial advertising, except for the name or logo of the business, that pertains to the safe and efficient movement of pedestrians and vehicular traffic into and out of a building or premises and that has a directional purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," "emergency entrance," and other similar directives.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Awning sign means a wall sign suspended from, mounted on or otherwise supported by an awning (a wall mounted, frame structure with flexible, reinforced fabric covering).

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

See "sign, temporary banner."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Billboard means a permanent structure sign which meets any one or more of the fol1owing criteria: a) it is used for the display of off-site commercial messages; b) it is used for general advertising for hire; c) it functions as a principal or separate principal use of the land on which it is located, in contrast to functioning as an accessory or auxiliary to a principal use which is not a sign. The term "billboard" applies to all physical parts of the sign, including display faces, structure, support poles, attached ladders, attached catwalks, and appurtenant lighting systems, and visual display systems.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Building marker sign means a sign indicating the name of a building, date of construction, or other incidental information about its construction and/or history.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Bulletin means a billboard with a sign face area greater than three hundred seventy-eight square feet, but not greater than six hundred seventy-two square feet.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Canopy sign means a wall sign suspended from, mounted on or otherwise supported by a canopy, arcade or portal.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Changeable electronic variable message sign, also referred to by the acronym CEVM, means a sign which uses electronic means to display changeable or intermittent images, such as by turning on or off various lighting elements including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use. The term includes display technology such as LED (light emitting diode) or digital displays which can vary in color or intensity, or any system which is functionally equivalent.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.898, which pertained to city pride sign and derived from Ord. 16653 § 2 (part), 2007.

Construction sign means a sign displayed on a construction site during the time that actual construction is continuing.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.902, which pertained to sign cut-outs and derived from Ord. 16653 § 2 (part), 2007.

Directory sign means a wall or monument sign that provides a listing of names of the tenants and space numbers for a multi-tenant building, lot or park.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.906, which pertained to educational sign and derived from Ord. 16653 § 2 (part), 2007.

Externally illuminated sign means the illumination of a surface of a sign from an external source of light intentionally directed upon the sign. Also known as "indirectly illuminated sign."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Sign height means the following:

1.

For freestanding signs, the vertical measurement between the highest part of the sign, excluding all billboard add-ons, and the ground level upon which the sign is located;

2.

For wall and all other signs, the vertical measurement of the sign area.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Home occupation sign means a wall sign indicating the name, address or business, in any combination, of a code-compliant home occupation operated by the occupant at that residence.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

See "Sign, externally illuminated."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Internally illuminated sign means the illumination of an electric sign with a source of light entirely enclosed within the sign.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Junior means a billboard with a sign face area not greater than seventy-two square feet.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Marquee sign means a wall or projecting sign suspended from, mounted on or otherwise supported by a marquee, such as a canopy entrance.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Mobile billboard sign means a vehicle or trailer which is used for the display of general advertising for hire.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Monument sign means a freestanding sign with a one hundred percent width base; however, the sign may be supported by an internal pipe structure. Base materials may include unpainted brick, stone, cast or cultured stone, or other natural material such as adobe or rammed earth (or similar veneer). Skirts shall also be constructed of minimum three millimeter aluminum, excluding sheet metal. The sign base width may be reduced below one hundred percent, but not less than thirty-three percent, in instances where the proposed sign includes the same architectural features and aesthetics of the buildings on site. Paint colors alone shall not meet this standard. Also known as "ground sign."

(Ord. 16653 § 2 (part), 2007; Ord. No. 18245, § 1, 9-16-2014)

(Ord. No. 17318, § 1, 5-4-2010; Ord. No. 17585, § 1, 6-14-2011)

Multi-tenant sign means a sign displaying three or more or establishments, each with a separate certificate of occupancy, located on the same lot or premises.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Noncommercial message is one that visually displays speech or images not pertaining to commercial matters. Noncommercial messages commonly concern religion, politics, social commentary and other matters of public debate. Contrast: Commercial message.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Nonconforming sign means a sign legally erected prior to enactment or amendment of this Code and maintained in compliance with the El Paso City Codes, but which does not conform to the current provisions of the sign code or other applicable city ordinances.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Off-premises sign means a sign displaying a commercial message that pertains to a business, person, organization, activity, event, place, service or product not principally located, or primarily manufactured, or sold on the premises on which the sign is located. Also known as "off-site sign. "The on-premise/off-premises distinction applies only to commercial messages.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.932, which pertained to off-premises historic wall sign and derived from Ord. 16653, § 2 (part), 2007).

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.932, which pertained to off-premises temporary parkway sign and derived from Ord. 16653, § 2 (part), 2007).

Special event directional sign means a temporary sign providing direction information to a properly authorized special event that is open to the public.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 18134, § 1, adopted March 4, 2014, repealed § 20.02.938, which pertained to sign, off-premises temporary subdivision directional and derived from Ord. 16653 § 2 (part), adopted 2007; Ord. No. 17318, § 1, adopted May 4, 2010.

On-premises sign, also called "on-site sign" means a sign advertising an establishment, business, person, activity, good, product or service located on the premises where the sign is installed and maintained. In the context of construction signs, all establishments involved in the construction are considered on-premises during the time of construction. In the cases of a redevelopment project or shopping center or business center, any sign located within the project is considered on-premises as to any establishment located in the same project or center.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Perpendicular sign means a wall sign that is attached to and projects from the face of a building at a 90-degree angle.

(Ord. No. 17546, § 1, 5-3-2011)

Pole sign means a freestanding sign that is supported from the ground by pole(s) or a three-dimensional support structure that is not attached to a building and does not fit the definition of a monument sign.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010; Ord. No. 17585, § 1, 6-14-2011)

See "Sign, temporary portable."

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Poster means a billboard with a display face area greater than seventy-two square feet but less than three hundred square feet.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Real estate sign means a temporary sign whose message pertains to a proposed economic transaction (sale, lease, rent, etc.) of real estate. Signs related to transient occupancy, such as rates and vacancies at hotels, motels, inns, and bed and breakfast facilities, are not within this definition.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Roof sign means a sign that is mounted on a roof or projects above the highest point of the roof line, parapet, or fascia of a building. A sign mounted on a mansard roof is a wall sign, not a roof sign.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Secondary advertising sign means an on-premises sign placed on private property, which is not the primary sign intended for advertising.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Shingle sign means a wall sign that projects from the face of a building and is suspended from a metal structure, awning, canopy or marquee.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Structure area applies to monument signs and means the entire area of the sign structure, as computed by multiplying the sign height by the sign structure width.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Structure support width sign applies to freestanding signs, and means the width of the three-dimensional support structure(s) that extends from the top of the sign structure to the ground.

Subdivision identification sign means a monument or wall sign located at a main entrance of a subdivision.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary sign means a sign which, by virtue of its construction from lightweight or flimsy materials, and construction or installation by hand or with ordinary hand tools, is not suitable for long term display.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary inflatable sign means an inflatable advertising device greater than two cubic feet in volume, used for advertising purposes.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary active motion inflatable means a temporary type of inflatable sign utilizing wind baffles and fabric combined with vortex of air created by a mechanical air system to allow the inflatable to dance and move, and which does not contain any words, numerals, trademarks, pictures, designs, or objects.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary banner means a temporary sign composed of lightweight fabric or similar material used to attract visual attention. Flags are not within this definition.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary construction sign means a temporary sign located on a construction site, typically used to display messages concerning the owner, occupant, contractor, architect, engineer, financial institution, real estate company or similar entities involved with the construction at that site.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Temporary portable sign means a temporary sign intended to be displayed for a limited period of time that is not permanently affixed to a building or structure on a site or is not mounted on a permanent foundation.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

Editor's note— Ord. No. 17318, § 1, adopted May 4, 2010, repealed § 20.02.976, which pertained to temporary real estate sign and derived from Ord. 16553, § 2 (part), 2007.

"Sign, temporary real estate banner" means an on-premise sign composed of lightweight fabric or similar material that is secured and maintained in a safe condition at all times without rips or tears, and that is placed upon a premises advertising that property for sale, rent or lease. The sign may display the identification of a real estate agency, broker or owner of the property.

(Ord. No. 17686, § 1, 12-6-2011)

"Temporary seasonal display sign" means a temporary display constructed of banner or sign materials that are mounted on light standards, containing no advertising message and displaying a design, graphic or other pictorial appropriate to the season.

(Ord. 16653 § 2 (part), 2007)

Temporary special event sign means a temporary sign advertising a properly authorized special event and located at the site of the event.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

"Temporary subdivision kiosk signs" means a sign that shall include any or all of the following: the name of the subdivision(s), the name of the developer or subdivider of record, the name of the homebuilder(s) and a descriptive statement describing the development (e.g. single-family homes, condominiums, etc.) and directional information including arrows or other similar symbols for the purpose of direction only.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010; Ord. No. 18134, § 1, 3-4-2014)

Wall sign means a sign permanently affixed to any wall or vertical portion of a building not extending beyond the elevation of the building.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17318, § 1, 5-4-2010)

"Wayfinding sign" means a sign, map, or marker designed, constructed, installed and managed by the city located on city property or right-of-way placed by the city that guides the traveling public to key civic, cultural, visitor, and recreational destinations; educational, scholastic or artistic events; community or public interest activities or destinations; designated or recognized civic routes or trails; areas of historical or archaeological significance; or trade shows, events and festivals. Any sponsorship information contained on a wayfinding sign shall be limited to twenty percent of the sign and shall only contain the name of the sponsor.

(Ord. No. 17854, § 1, 8-2-2012)

See "Atrium house, patio house, townhouse, condominium."

(Ord. 16653 § 2 (part), 2007)

"Single-family detached dwelling" means a dwelling unit for one family that is not attached to any other dwelling unit.

(Ord. 16653 § 2 (part), 2007)

"Detailed site development plan (DSD)" means a site plan showing the boundaries of the tract proposed for development; location and arrangement, size, use and architectural design of all structures; utility rights-of-way and easements; stormwater drainage; vehicular and pedestrian way; on-site parking areas; open spaces; landscape planted areas; size and design of exterior signs.

(Ord. 16653 § 2 (part), 2007)

"Generalized site plan" means a site plan showing general features or concept of a development.

(Ord. 16653 § 2 (part), 2007)

"Skateboarding facility (indoor)" means an enclosed facility used for skateboarding purposes.

(Ord. 16653 § 2 (part), 2007)

"Skateboarding facility (outdoor)" means an outdoor facility designed for skateboarding purposes.

(Ord. 16653 § 2 (part), 2007)

"Slope" means the degree of rise or descent of a parcel of land in relation to a horizontal plane.

(Ord. 16653 § 2 (part), 2007)

"Percent average slope" means the percent average slope calculated for property within the planned mountain development district, and within the boundaries of a subdivision plat, which is determined using the following equation:

S = .0023 IL/A

S = percent average slope

I = contour interval in feet

L = contour length in feet

A = parcel area in acres

(Ord. 16653 § 2 (part), 2007)

See "Lodge."

(Ord. 16653 § 2 (part), 2007)

"Solar conversion system" means a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

(Ord. 16653 § 2 (part), 2007)

"Solar energy" means radiant energy, either direct, diffused, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.

(Ord. 16653 § 2 (part), 2007)

"Solar energy collector" means a device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy. It includes any space or structural component specifically designed to retain heat derived from solar energy, any mechanism that converts wind energy into electrical energy, and any photosynthetic process specially maintained to produce photosynthetic products.

(Ord. 16653 § 2 (part), 2007)

"Solar energy conversion system" means a complete design or assembly consisting of a solar energy collector, an energy storage facility when used, and components for the distribution of transformed energy to the extent that they cannot be used jointly with a conventional energy system. Passive solar energy systems are included in this definition, but not to the extent that they fulfill other functions such as structural or recreational.

(Ord. 16653 § 2 (part), 2007)

"Specialty shop" means retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationery stores, antique stores and similar establishments.

(Ord. 16653 § 2 (part), 2007)

"Special exception" means a use listed as such in the ordinance codified herein and which may be permitted in a specified district, under certain conditions, to be determined in each case by the terms of the ordinance codified herein and by the zoning board of adjustment after public hearing in accordance with the procedures specified by Title 2 of this Code and applicable state law.

(Ord. 16653 § 2 (part), 2007)

"Special permit use" means a use, listed in Chapter 20.08 (Permissible Uses) of this title, which may be permitted in a specified district under certain conditions, to be determined in each case by the terms of the ordinance codified herein and by the City Council of the City of El Paso after public hearing and report by the city plan commission in accordance with the procedures specified in Chapter 20.04 (Administrative Provisions) of this title.

(Ord. 16653 § 2 (part), 2007)

"Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the areola.

(Ord. 16653 § 2 (part), 2007)

"Specified sexual activities" means:

1.

Human genitals in a state of actual or simulated sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast;

4.

"Sexual intercourse," "sexual contact" or "deviate sexual intercourse" as defined in Section 21.01, Texas Penal Code.

(Ord. 16653 § 2 (part), 2007)

"Sports arena (multipurpose)" means a facility, which is completely enclosed within a building or structure, for indoor exhibitions, conventions or spectator events.

(Ord. 16653 § 2 (part), 2007)

"Stable (including breeding)" means a structure and/or land use where horses are kept for sale or hire to the public.

(Ord. 16653 § 2 (part), 2007)

"Stacking" means the placing of one sign above another at the same location.

(Ord. 16653 § 2 (part), 2007)

"Stadium" means a facility for outdoor exhibitions and spectator events.

(Ord. 16653 § 2 (part), 2007)

"Stormwater open space" means a natural open area to be used to help manage storm water, reduce flooding risk and improve water quality as its primary purposes, while still permitting passive recreational use of the open space as secondary purposes to the area. Water, waste water, and stormwater utility systems within areas designated for stormwater open space shall be designed with environmentally sensitive infrastructure and constructed with a low impact development (LID) approach to the extent permitted in the city's subdivision regulations. Any area designated as stormwater open space shall require the approval of the floodplain administrator, shall conform to the master stormwater management plan and open space master plan of the city, and shall be shown within the boundaries of any required land study, subdivision plat, detailed site development plan, master zoning plan, SmartCode regulating plan, or any other platting or zoning document as may be required by the city.

(Ord. No. 17904, § 1, 11-6-2012)

"Stormwater retention pond (public/private)" means a pond, pool, or basin used for the permanent storage of water runoff.

(Ord. 16653 § 2 (part), 2007)

"Story" means that portion of a building included between the surface of a floor and the surface of the floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it.

(Ord. 16653 § 2 (part), 2007)

"Half story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior sides are not more than two feet above the floor of such story.

(Ord. 16653 § 2 (part), 2007)

"Street centerline" means the midline of the width of the street.

(Ord. 16653 § 2 (part), 2007)

"Street line" means the line between a lot, tract or parcel of land and a contiguous street.

(Ord. 16653 § 2 (part), 2007)

"Private street" means a privately owned accessway within an approved planned development for which the private owners assume full responsibility for maintenance and control and which has not been dedicated to the use of the public.

(Ord. 16653 § 2 (part), 2007)

"Public street" means an accessway dedicated to the use of the public which has been accepted for maintenance and control by the city, county or state.

(Ord. 16653 § 2 (part), 2007)

"Structural alteration" means any change or modification in construction.

(Ord. 16653 § 2 (part), 2007)

"Structure" means that which is built or constructed, an edifice or building of any kind, or other artificially built or constructed work.

(Ord. 16653 § 2 (part), 2007)

"Dance studio" means a facility for instruction in dance.

(Ord. 16653 § 2 (part), 2007)

"Music studio" means a facility for instruction in music.

(Ord. 16653 § 2 (part), 2007)

"Photography studio" means a business where photographs are taken and developed for retail sale to the public.

(Ord. 16653 § 2 (part), 2007)

"Subdivision ordinance" means the subdivision ordinance of the City of El Paso, Texas.

(Ord. 16653 § 2 (part), 2007)

A plan shall be determined to be in "substantial conformity" with an approved plan if it does not significantly alter the arrangement of land use, and does not increase the density or relocate major circulation elements or decrease the landscaped area or open space or materially alter the plan or concept for the planned development.

(Ord. 16653 § 2 (part), 2007)

"Supermarket" means a store offering for sale foodstuffs and some household supplies whose gross floor area is greater than twelve thousand but less than or equal to forty thousand square feet.

(Ord. 16653 § 2 (part), 2007)

"Superstore" means a store offering for sale foodstuffs and some household supplies whose gross floor area is greater than forty thousand but less than or equal to two hundred fifty thousand square feet. A superstore may also include a bank, deli, fast food outlet, eye care facility, minor automotive repair facility and/or other appropriate retail uses all located within the same building structure.

(Ord. 16653 § 2 (part), 2007)

"Swimming pool (commercial)" means any portable or permanent structure containing a body of water twenty-four inches or more in depth and containing one hundred fifty cubic feet (one thousand one hundred twenty-two gallons) or more of water and intended for recreational purposes and open to the public upon payment of a fee.

(Ord. 16653 § 2 (part), 2007)

"Swimming pool (noncommercial)" means any portable or permanent structure containing a body of water twenty-four inches or more in depth and containing one hundred fifty cubic feet (one thousand one hundred twenty-two gallons) or more of water and intended for recreational purposes and for the exclusive use of the residents of a residential use and their private guests.

(Ord. 16653 § 2 (part), 2007)

See "Church."

(Ord. 16653 § 2 (part), 2007)

"Tattoo parlor" means a business where the primary activity is tattooing and/or body piercing but does not include establishments performing only ear piercing.

(Ord. 16653 § 2 (part), 2007)

"Telemarketing agency" means a facility where telephone sales, order collection, mail order or catalog sales, or mailing list preparation is conducted.

(Ord. 16653 § 2 (part), 2007)

See "Church."

(Ord. 16653 § 2 (part), 2007)

"Temporary events on public-rights-of-way" means any bazaar, block party, sidewalk sale, show, exhibition, local special event, festival, celebration or any similar occurrence to last twenty-four hours or less that will be conducted on a street within an area not exceeding one city block or one intersection. At least two-thirds of the area shall be residentially zoned and said event shall be sponsored solely by the owners, residents or tenants in the area, or their organization.

(Ord. 16653 § 2 (part), 2007)

"Temporary use" means a use permitted for a fixed time period with the intent to discontinue such use upon the expiration of the time period. Such uses do not involve the construction or alteration of any permanent structure.

(Ord. 16653 § 2 (part), 2007)

"Tennis club" means a commercial or noncommercial establishment that provides facilities for playing tennis on a membership basis only. "Membership basis" means that the establishment sells memberships making its facilities available to members and their guests for periods of not less than one month at a time, and that such facilities are not open to use by the general public.

(Ord. 16653 § 2 (part), 2007)

"Indoor tennis club (with/without restaurant and bar)" means a commercial or noncommercial establishment that provides facilities for playing tennis indoors.

(Ord. 16653 § 2 (part), 2007)

"Outdoor tennis club (with/without restaurant and bar)" means a commercial or noncommercial establishment that provides facilities for playing tennis outdoors.

(Ord. 16653 § 2 (part), 2007)

"Tents (special events)" means any temporary structure composed wholly or partly of canvas or similar materials to be used as a place of amusement or for any religious, educational, charitable or recreational purpose, or any other public assemblages.

(Ord. 16653 § 2 (part), 2007)

"Testing laboratory" means a facility where administrative, engineering, scientific research, design, or experimentation is conducted.

(Ord. 16653 § 2 (part), 2007)

"Performing theater" means a structure used for dramatic, operatic, or other live performance.

(Ord. 16653 § 2 (part), 2007)

"Movie theater drive-in (outdoor)" means a place of public entertainment for the purpose of exhibition of motion picture or live performance of cultural programming. "Drive-in theater, motion picture" means a theater that may or may not provide seating inside and its principal character is to provide parking spaces for motor vehicles.

(Ord. No. 019734, § 1, 5-28-2025)

"Townhouse" means a single-family dwelling designed to be sold as a unit, but forming one of a group or series of three or more attached single-family dwellings separated from one another by common property lines.

(Ord. 16653 § 2 (part), 2007)

"Tractor" means a motor vehicle designed and used primarily for drawing other vehicles, equipment or implements of husbandry, and not so constructed as to carry any load thereon other than part of the weight of the load being drawn.

(Ord. 16653 § 2 (part), 2007)

"Traffic division" means the traffic division of the City of El Paso Engineering Department.

(Ord. 16653 § 2 (part), 2007)

"Traffic engineer" means the city engineer, or his designee.

(Ord. 16653 § 2 (part), 2007)

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

(Ord. 16653 § 2 (part), 2007)

"Tramway" means a carrier that travels on an overhead cable.

(Ord. 16653 § 2 (part), 2007)

"Transfer station" means a fixed facility used for transferring solid waste from collection vehicles to long-haul vehicles. It is not a storage facility where individual residents can dispose of their waste.

(Ord. 16653 § 2 (part), 2007)

Editor's note— Ord. No. 18241, § 1, adopted September 9, 2014, repealed § 20.02.1105, which pertained to transitional housing and derived from Ord. No. 17567, § 1, 5-24-2011; Ord. No. 18020, § 1, 6-4-2013.

"Transportation equipment manufacturing" means facilities engaged in producing equipment for transporting people and goods such as, but not limited to, automobiles, light trucks, heavy duty trucks, truck trailers, buses, motor homes, travel trailers, boats, railroad rolling stock and aircraft.

(Ord. 16653 § 2 (part), 2007)

"Type A transportation terminal" means a type of passenger terminal where passengers are loaded and unloaded from or onto a motor-carrier. A Type A transportation terminal is a facility having a total land area of no more than four thousand square feet and any building proposed within the land area is no larger than two thousand square feet in gross floor area.

(Ord. 16653 § 2 (part), 2007)

"Transportation terminal, Type B" means a type of passenger terminal at which passengers are loaded and unloaded from or onto a motor-carrier. A Type B transportation terminal is a facility having a total land area greater than four thousand square feet or where a building proposed within the land area exceeds a gross floor area of two thousand square feet.

(Ord. 16653 § 2 (part), 2007)

"Travel trailer" means a portable vehicular structure built on a chassis, designed as a temporary dwelling for travel, recreational and vacation use.

(Ord. 16653 § 2 (part), 2007)

See "Recreation vehicle park."

(Ord. 16653 § 2 (part), 2007)

"Parking lot tree" means a deciduous or evergreen tree, which is capable of obtaining a minimum canopy, spread of twenty feet at maturity. Branching structure shall be maintained at a minimum height of seven feet above the sidewalk area ground, three feet from the trunk; which is installed and located in a parking lot.

(Ord. 16653 § 2 (part), 2007)

"Project tree" means a deciduous or evergreen tree having a minimum of two inches cal. ten feet in height, which is capable of obtaining a minimum canopy spread of twenty feet at maturity that is required based on calculations determined by the provisions of this chapter. Branching structure shall be maintained at a minimum height of seven feet above the sidewalk area ground, three feet from the trunk. Such trees shall be healthy and vigorous at time of planting.

(Ord. 16653 § 2 (part), 2007)

"Triplex (three-family dwelling)" means a building designed or occupied as three dwelling units.

(Ord. 16653 § 2 (part), 2007)

"Truck stop" means a facility that provides services to the trucking industry, including, but not limited to, dispensing of fuel, repair shops, automated washes, restaurants or motels.

(Ord. 16653 § 2 (part), 2007)

See "Dwelling unit."

(Ord. 16653 § 2 (part), 2007)

"College 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)

"Unnecessary hardship" means a hardship by reason of exceptional shape of a lot, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self-imposed.

(Ord. 16653 § 2 (part), 2007)

"Utility green space" means an area of protected or conserved land, larger than ten acres, where development is limited or controlled to preserve large areas of undisturbed open space as its primary purpose, while still permitting passive recreational uses and necessary water, wastewater and stormwater utility systems as secondary purposes to the area. Utility green space shall be shown within the boundaries of any required land study, subdivision plat, detailed site development plan, master zoning plan, SmartCode regulating plan, or any other platting or zoning document as may be required by the city.

(Ord. No. 17904, § 1, 11-6-2012; Ord. No. 17967, § 1, 3-5-2013)

"Utility storage yard" means any storage yard for public utility equipment, materials or vehicles.

(Ord. 16653 § 2 (part), 2007)

"Vehicle" means every device in, upon or by which any person or property is, or may be, transported upon a roadway, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 16653 § 2 (part), 2007)

"Vending machines (inside a building)" means any unattended self-service device that, upon insertion of a coin, coins, or token, or by similar means, dispenses anything of value, including but not limited to food, beverage, tobacco and sundries.

(Ord. 16653 § 2 (part), 2007)

"Flea market vendor" means any person who rents, leases or occupies any room, stall, stand or space in any building, structure, enclosure or any other property used as a flea market from which merchandise or food is exhibited and offered for sale.

(Ord. 16653 § 2 (part), 2007)

"Veterinary treatment center (large animals)" means a facility where farm animals, to include, but not limited to, horses, cattle, sheep, goats and pigs, are given medical or surgical treatment and are cared for during the time of such treatment.

(Ord. 16653 § 2 (part), 2007)

"Veterinary treatment center (small animals)" means a facility where small animals such as domesticated dogs and cats and common household pets are given medical or surgical treatment and are cared for during the time of such treatment.

(Ord. 16653 § 2 (part), 2007)

"Screening wall" means any structure or device forming a physical barrier which is constructed so that the vertical surface is solid, thus preventing the passage of light, air and vision. The material of which a wall is constructed may be masonry, brick, concrete, metal, wood or other similar materials. Measurement of height shall be from the high ground.

(Ord. 16653 § 2 (part), 2007)

"Warehouse club" means a store with fifty thousand square feet or more of gross floor area that offers foodstuffs and household supplies for sale.

(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)