Nonconforming situations may continue, so long as the conditions within this chapter and all other applicable sections of the code are met; however, the city encourages the eventual replacement of nonconforming uses which are potentially undesirable and incompatible with surrounding conforming uses and require compliance with the regulations of this Code, having due regard for the property rights of the persons affected, the public welfare, compatibility, and the character of the surrounding area. This chapter does not require the removal of or destruction of property in existence at the time when any zoning regulation first became effective and is actually and necessarily used in a public service business.

(Ord. 16653 § 2 (part), 2007)

A single-family dwelling may be erected on a lot recorded in the real property records, even though of less width, depth, or area than required by the regulations for the district in which it is located, if such lot was separately owned at the time when any zoning restrictions as to its required width or area (whether under this title or any other ordinance or amendment) first became effective, if the owner of such lot does not own any other lot, parcel or tract immediately adjacent thereto, and so long as the lot is registered and verified by the zoning administrator as a nonconforming lot.

(Ord. 16653 § 2 (part), 2007)

A.

Any use of a building, structure, or property or if a valid building permit has been issued for the use of the structure in that district, legally in existence at the time when any zoning restrictions as to use, area, yards, setbacks, or off-street parking (whether under this or any other ordinance or amendment) first became effective as to such use, and which does not conform to the regulations described in this title may continue the use so long as the use is registered in accordance with the provisions of Section 20.22.070 and verified by the zoning administrator as legal nonconforming and is subject to the following limitations:

1.

A nonconforming use of a structure may not be enlarged or increased, except a nonconforming use may be extended to any portion of a building which portion was arranged or designed for such nonconforming use on or prior to the date on which the use became nonconforming, or if required by law to meet minimum health and safety requirements required by a governmental entity. Written documentation establishing the date of the original design or arrangement of use, or requirement by a governmental entity shall be required at the time of submittal for a building permit, and the mere intent of the owner or occupant shall not satisfy this requirement; and,

2.

A nonconforming use shall not be changed unless changed to a conforming use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use may not be changed to any other nonconforming use.

B.

Abandonment and Termination of a Nonconforming Use.

1.

A nonconforming use is deemed abandoned and the right to operate a nonconforming use shall terminate immediately if any of the following occur:

a.

The use of property is changed from a nonconforming use to a conforming use, or to another nonconforming use;

b.

The non-use or non-operation of the nonconforming use, or the vacancy of a portion or all of the structure used for the nonconforming use of the property for a continuous period of one hundred twenty days or more;

c.

A portion or all of the structure used for the nonconforming use is damaged or destroyed by the intentional act of the owner or his agent;

d.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if any portion of the structure in which the nonconforming use is located is dilapidated, substandard, or is not maintained in a suitable condition for occupancy during a continuous period of one hundred twenty days.

2.

A seasonal discontinuance of a nonconforming use, or a temporary discontinuance of a nonconforming use for maintenance or repair, is excluded from a calculation of the one hundred twenty-day period described in subsection (B)(1)(b) of this section.

3.

A person may not resume an abandoned or otherwise terminated nonconforming use.

4.

Destruction of Nonconforming Use. The right to operate and maintain any nonconforming use, except a single-family dwelling unit is not subject to this subsection and may reconstruct up to one hundred percent of the prior existing building footprint, shall terminate and shall cease to exist whenever the structure or any portion of the structure in which the nonconforming use is operated and maintained is damaged or destroyed by fire, the elements or other than the intentional acts of the owner or operator, if the destruction amounts to fifty percent or more of its fair market value as determined by the tax appraisal roll, not including the value of the land, on the date of such damage or destruction. If the owner of a nonconforming use fails to begin reconstruction of the destroyed building, when permitted to do so by the terms of this section within one hundred twenty days of the date of destruction, the nonconforming use shall be deemed to be discontinued or abandoned, and shall no longer be authorized to continue.

C.

No nonconforming accessory use shall continue after the principal use or structure shall have ceased or terminated unless the accessory use shall thereafter conform to the provisions of the zoning district in which it is located.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17777, § 1, 5-1-2012)

A.

Any nonconforming structure legally in existence at the time when any zoning restrictions as to use, area, yards, setbacks, or off-street parking (whether under this or any other ordinance or amendment) first became effective as to such use, and which does not conform to the regulations described in this title may continue in use and operation so long as the structure is registered in accordance with the provisions of Section 20.22.070 with the zoning administrator as legal nonconforming and is subject to the following limitations.

1.

Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or extension meets the requirements of the district in which it is located.

2.

If a nonconforming structure is nonconforming as to off-street parking requirements, a change of occupancy to another use permitted in the zoning district is allowed provided that the parking requirements are the same as the original nonconforming use. If a change of occupancy to a use that requires additional parking is requested, the additional off-street parking required for the new use must be provided.

B.

Abandonment and Termination of a Nonconforming Structure.

1.

A nonconforming structure is deemed abandoned and the right to operate a nonconforming building shall terminate immediately if any of the following occur:

a.

The non-use or non-operation of a use, or the vacancy of a portion or all of the structure for a continuous period of one hundred twenty days or more;

b.

A portion or all of the structure used for the nonconforming use is damaged or destroyed by the intentional act of the owner or his agent;

c.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming building is dilapidated, substandard, or is not maintained in a suitable condition for occupancy during a continuous period of one hundred twenty days.

2.

A seasonal discontinuance of a nonconforming building, or a temporary discontinuance of a nonconforming building for maintenance or repair, is excluded from a calculation of the one hundred twenty-day period described in subsection (B)(1)(b) of this section.

3.

A person may not resume an abandoned or otherwise terminated nonconforming use.

4.

Destruction of Nonconforming Structure. The right to operate and maintain any nonconforming structure, except a single-family dwelling unit is not subject to this subsection and may reconstruct up to one hundred percent of the prior existing building footprint, shall terminate and shall cease to exist whenever the structure or any portion of the structure is damaged or destroyed from any cause whatsoever, except if caused by the intentional act of the owner or operator, if the destruction amounts to fifty percent or more of its fair market value as determined by the tax appraisal rolls, not including the value of the land, on the date of such damage or destruction. If the owner of a nonconforming use fails to begin reconstruction of the destroyed building, when permitted to do so by the terms of this section within one hundred twenty days of the date of destruction, the nonconforming building shall be deemed to be discontinued or abandoned, and shall no longer be authorized to continue.

C.

Normal repairs and maintenance may be made to a nonconforming building or structure; provided that no structural alterations shall be made except those required by law or ordinance due to health or safety concerns and as required by a governmental entity.

D.

A nonconforming building or structure shall not be moved in whole or in part from the property or within the lot in which it is located, unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

E.

No nonconforming accessory structure shall continue after the principal use or structure shall have been damaged or destroyed unless the accessory structure shall thereafter conform to the provisions of the zoning district in which it is located.

F.

A cemetery, sewage disposal or treatment plant, hospital, sanatorium, correctional institution, or municipal or state building or institution existing in any district on November 23, 1955, or any M-1 district use so existing in a C-4 or C-5 district, shall be deemed a conforming use upon the plot devoted to such use on the effective date of Ordinance No. 1448, adopted on November 23, 1955.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17777, § 2, 5-1-2012)

A dwelling nonconforming as to use in a commercial or manufacturing district shall be permitted; provided, that the yard standards and the off-street parking requirements at the time the structure became nonconforming as to use are maintained.

(Ord. 16653 § 2 (part), 2007)

A.

Nonconforming rights may be granted to uses or structures located within newly annexed areas in accordance with the following provisions. An application for registration and certificate of occupancy for the nonconforming use or structure must be filed with the building official.

B.

Incomplete Construction. Construction may be completed on any structure legally under construction upon annexation provided:

1.

The owner or his designated representative applies to the city for a building permit to authorize further work on the structure stating the proposed use of the structure and attaching thereto the plans and specifications relating to the construction; and

2.

The construction is completed within one hundred twenty days of the effective date of the issuance of the building permit unless an extension is granted.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 52, 10-26-2010)

A.

Nonconforming uses and structures shall be registered with the zoning administrator by providing the following information:

1.

File an application with the city and pay a nonrefundable fee established by the city council stating that such building or land occupied by the nonconforming building or use was, to the best of the owner or occupant's knowledge, in lawful use and lawfully existing as of the date of adoption of the applicable code in effect at the time that the building or use became nonconforming.

2.

Provide supporting documentation that may include, but is not limited to, building permits or certificates of occupancy that show or describe the nonconforming condition, aerial photography, central appraisal district records, affidavits of surrounding property owners or residents who are knowledgeable of the existence and use of the building or property, or any other information deemed necessary to determine the nonconforming status of the building or use by the zoning administrator.

a.

Registration of a nonconforming structure. The preferred documentation is an aerial photo or building permit that shows the nonconformity, and is dated prior to annexation of the property or adoption of the code regulation that rendered the structure nonconforming. If such a permit or photo is submitted it shall be sufficient to register the nonconforming structure. If the nonconforming structure is not shown in the permit or aerial photo, two supporting documents shall be required.

b.

Registration of a nonconforming use. Two supporting documents shall be required.

B.

Upon proper application and review and verification of the documents submitted establishing that the nonconforming building or use was legally in existence at the time when any zoning restrictions as to use, area, yards, setbacks, or off-street parking (whether under this or any other ordinance or amendment) first became effective as to such use, the city may register the building or use as legal nonconforming and maintain a record of all registrations.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 53, 10-26-2010; Ord. No. 17777, § 3, 5-1-2012)

A.

Definitions.

1.

"Governmental agency." United States of America, State of Texas, County of El Paso, City of El Paso, or any other agency having jurisdiction within the City of El Paso limits, with the ability to exercise eminent domain powers.

2.

"Right-of-way acquisition." The securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation or other means, but not including the dedication of right-of-way through the platting or zoning processes.

B.

In the event that a right-of-way acquisition by a governmental agency causes a property or the improvements thereon to be in violation of Appendix B (Table of density and dimensional standards) and Appendix C (Table of parking requirements and standards) of Title 20 (Zoning) and/or Chapter 18.46 (Landscape), said property shall be exempt from said provisions to the extent said violation is caused by the right-of-way acquisition and shall be eligible for registration as a legal nonconformity, subject to the following:

1.

Property which undergoes a zoning change initiated by the property owner subsequent to right-of-way acquisition shall no longer be subject to this exemption and shall instead have a nonconforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning and shall therefore be treated as a nonconforming use pursuant to the provisions of this chapter rather than exempt as provided above. However, a city-initiated rezoning shall not cause a property to lose the exemption provided by this section for properties affected by right-of-way acquisitions.

2.

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard.

3.

Improvements required by special permit or zoning condition and located in the area acquired for right-of-way shall no longer apply subsequent to the acquisition, except that required screening per Chapter 20.16 (Screening and fencing) originally located within the area of the acquired property shall be relocated to the remainder of the tract as close as practicable inside the new property line.

4.

Any alteration resulting in an increase in building square footage to the registered legal nonconformity shall require that the increased square footage area of the building comply with all applicable provisions in Title 20 (Zoning) and Chapter 18.46 (Landscape).

C.

In the event that a right-of-way acquisition by a governmental agency causes an on-premises sign to be in violation of Chapter 20.18, Article IV (On-premises sign regulations), said sign shall be exempt from said provisions to the extent said violation is caused by the right-of-way acquisition, subject to the following:

1.

The sign must have been legally permitted at the time of the initial placement; and

2.

Must be relocated to the remainder or remain in its existing location; and

3.

Cannot be altered or enlarged; and

4.

Must be registered as legal nonconforming and be subject to the provisions of Section 20.22.090 (Nonconforming signs).

D.

The provisions of Section 20.22.040 B. are not applicable to properties that register legal nonconforming under these provisions.

(Ord. No. 18771, § 1, 3-20-2018)

Editor's note— Ord. No. 18771, § 1, adopted March 20, 2018, repealed the former § 20.22.080 and enacted a new § 20.22.080 as set out herein. The former § 20.22.080 pertained to similar subject matter and derived from Ord. 16653 § 2(part), adopted in 2007.

A.

Signs Which Are Nonconforming. Signs which were lawfully erected prior to the adoption of the ordinance herein codified which do not conform to this ordinance, as well as signs existing at the time the area wherein the sign is located is annexed, are deemed to be nonconforming, and may continue in existence provided that no nonconforming sign shall be:

1.

Changed to or replaced with another sign, unless in compliance with then current city code. Upon application to the city, the face of the sign on an existing sign that is structurally safe and for which a valid permit or nonconforming registration is on file may be changed to indicate a new owner or business provided that the change or alteration shall not result in the following:

a.

A change in the method or technology used to convey the message;

b.

An increase in the illumination of the sign;

c.

An increase in the sign face area;

d.

Structural alteration to extend its useful life;

e.

Expansion in any dimension;

f.

reestablishment of the sign after damage or destruction if the cost of repairing the sign is more than fifty percent of its replacement value at the time of such damage or destruction;

g.

Modification or relocation in any way that would increase the degree of nonconformity of such sign;

h.

Modification or additional lighting or any other enhancement.

i.

Poles may be replaced, subject to a building permit, but only if not more than one-half of the total number of poles of the sign structure are replaced in any twelve-month period and the same material is used for the replacement poles.

j.

Addition of a catwalk to the sign structure;

k.

Addition of lighting to an unilluminated sign or addition of more intense lighting to an illuminated sign, whether or not the lights are attached to the sign structure;

l.

Changing the number of poles in the sign structure;

m.

Addition of permanent bracing wires, guy wires, or other reinforcing devices;

n.

Changing the material used in the construction of the sign, such as replacing wooden material with metal material;

o.

Addition of faces to a sign or changing the sign configurations;

p.

Increase in the height of the sign;

q.

Changing the configuration of the sign structure, such as changing a "V" sign to a stacked or back-to-back sign, or a single face sign to a back-to-back sign;

r.

Moving the sign structure or sign face in any way;

2.

This provision shall not prevent repairing or maintenance of any part of a sign structure to a safe condition or performing normal maintenance operations on a sign or sign structure. The following actions are considered maintenance and are allowed without losing the legal nonconforming status of the sign:

a.

Replacement of nuts and bolts;

b.

Nailing, riveting or welding;

c.

Cleaning and painting;

d.

Manipulation of sign structure to level or plumb it;

e.

Changing the advertising message;

f.

Replacement of minor parts if the material of the minor parts are the same type as those being replaced and the basic design or structure of the sign is not altered;

g.

Changing all or part of the sign face with materials similar to those being replaced.

B.

Registration of Nonconforming Signs. Each nonconforming sign shall be registered by the owner or owners of the sign by filing a registration form with the zoning administrator. Signs without permits which were registered properly pursuant to any prior city code provision are deemed to be nonconforming.

C.

Abandonment and Termination of a Nonconforming Sign.

1.

A nonconforming sign is deemed abandoned and the right to operate a nonconforming sign shall terminate immediately if any of the following occur:

a.

The nonuse of the sign for a continuous period of one hundred twenty days or more;

b.

A portion or all of the sign is damaged or destroyed by the intentional act of the owner or his agent.

c.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming sign is dilapidated, substandard, or is not maintained in a suitable condition during a continuous period of one hundred twenty days.

D.

A nonconforming sign shall not be moved in whole or in part from the property or within the lot in which it is located, unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17960, § 18, 2-19-2013)

A.

A personal wireless service facility (PWSF) that was built in compliance with the city's zoning regulations and was issued a certificate of completion, or if a certificate of completion was not issued, there was a valid building permit and an approved final inspection; and has been registered as a legal nonconforming structure, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt on the same property as described in the certificate of completion or building permit, provided that the modified or rebuilt PWSF complies with all of the following:

1.

A modified or rebuilt PWSF must propose to have at least one additional antenna than that of the existing or pre-existing facility. If the PWSF is to be rebuilt, the ground surface area shall not exceed one hundred twenty-five percent of the existing facility, including all appurtenant equipment storage facilities;

2.

The height of a modified or rebuilt PWSF and the appurtenant antennas attached thereto shall not exceed the height of the existing facility by more than ten percent or the height limitation of Section 20.10.455 (Personal wireless service facilities), whichever is greater;

3.

A rebuilt PWSF may be relocated on the original property, but must have setbacks that are no more nonconforming than that of the pre-existing facility and must meet the minimum setback standards for the zoning district in which it is located;

4.

A modified or rebuilt PWSF shall be painted to reduce glare and reflections. No exterior paint colors shall be used which have a light reflecting value (LRV) greater than forty percent. The LRV of a paint is available from paint manufacturers and it measures the amount of light reflected by a certain color;

5.

All rebuilt ground-mounted PWSF shall be a like for like replacement with regards to camouflaging (i.e., non-camouflage for non-camouflage). Camouflaging is a method of disguising or concealing the appearance of an object by changing its usual color, modifying its shape, or locating it in a structure that complements the natural setting, existing and surrounding structures. In the context of this section, camouflaging includes, but is not limited to, making PWSF antenna support structures resemble man-made trees, locating PWSF antenna support structures in bell steeples or clock towers, or on similar alternative-design mounting structures;

6.

A modified or rebuilt PWSF shall maintain the same screening and landscaping as the existing facility; provided, however, that this section shall not prevent additions or improvements to the landscaping in accordance with the landscaping ordinance;

7.

A rebuilt PWSF may be constructed prior to the demolition of the existing nonconforming PWSF, so long as the rebuilt PWSF is constructed in accordance with the provisions of this section, and the existing nonconforming PWSF shall be completely demolished within thirty days from the date that the rebuilt PWSF is issued a certificate of completion. A temporary cell-on-wheels (COW) may be permitted on the property for a period not to exceed twelve months during construction of the new facility. The COW must be removed within thirty days from the date the new PWSF is issued a certificate of completion; and

8.

If two or more nonconforming ground-mounted PWSF within a one-half mile radius are demolished in a coordinated effort to collocate the existing antennas onto one structure, a new PWSF may be rebuilt on any of the sites. The height of the rebuilt PWSF and the appurtenant antennas attached thereto shall not exceed the height of the tallest of the pre-existing facilities, or the height limitation of Section 20.10.455 (Personal wireless service facilities), whichever is greater. The setbacks of the rebuilt PWSF shall be no more nonconforming than the most nonconforming of the pre-existing facilities.

B.

The issuance of a permit pursuant to this section allowing the modification or demolition and rebuilding of an existing nonconforming PWSF shall not be considered a determination that the modified or rebuilt PWSF is conforming.

C.

Except as provided in this section or permitted by federal regulations, a nonconforming PWSF may not be enlarged, increased in size, or modified without being brought into compliance with the regulations of Section 20.10.455 (Personal wireless service facilities).

D.

Abandonment and Termination of a Nonconforming PWSF.

1.

A nonconforming PWSF is deemed abandoned and the right to operate a nonconforming PWSF shall terminate immediately if any of the following occur:

a.

The nonuse of the PWSF for a continuous period of one hundred twenty days or more;

b.

A portion or all of the PWSF is damaged or destroyed by the intentional act of the owner or his agent;

c.

Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming PWSF is dilapidated, substandard, or is not maintained in a suitable condition during a continuous period of one hundred twenty days.

2.

The owner of a ground-mounted personal wireless service facility shall notify the city in writing within one hundred twenty days of nonuse of the PWSF that a facility is no longer needed or is not in an operable condition. After which time, the regulations of Section 20.10.455(C) shall be followed.

E.

Property Affected by Right-of-Way Acquisition.

1.

In the event that a right-of-way acquisition by a governmental agency causes a PWSF to be in violation of Section 20.10.455, said PWSF shall be exempt from said provision to the extent said violation is caused by the right-of-way acquisition, subject to the following:

a.

The PWSF must have been legally permitted at the time of the initial placement; and

b.

Must be located to the remainder of the property or remain in its existing location; and

c.

Cannot be altered or enlarged; and

d.

Must be registered as legal nonconforming and be subject to the provisions of Section 20.22.100 (Nonconforming PWSF).

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 19016, § 8, 1-7-2020)