In order to classify, regulate and restrict the location of businesses, trades, industries, residences and other land uses in accordance with the objectives of "The Plan for El Paso"; to regulate and restrict the location of buildings erected, reconstructed, altered or enlarged for specified uses; to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged; to regulate and limit the intensity of the use of lot areas; to protect and preserve places and areas of historical and cultural importance and significance; to regulate and determine the area of yards and other open spaces; and to regulate and limit the density of population, all property within the Corporate Limits is divided into zoning districts that are grouped in classes for convenience of reference as follows:

A.

Residential Districts.

B.

Commercial Districts.

C.

Industrial and Manufacturing Districts.

D.

Special Purpose Districts.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 2, 4-6-2010; Ord. No. 17547, § 1, 5-3-2011)

A.

Residential Districts.

1.

Light Residential Districts. The purpose of these districts is to promote and preserve residential development within the city to create basic neighborhood units. It is intended that the district regulations maintain a low density of dwelling units supporting a suburban-urban interface that permits developments utilizing varying lot configurations. The regulations of the districts will permit primarily single-family and two-family residential areas, and recreational and institutional uses incidental to and serving the neighborhood.

2.

Medium Residential Districts. The purpose of these districts is to promote and preserve residential development within the city associated with a landscape more urban in appearance and permitting a mixture of housing types. It is intended that the district regulations allow for medium densities of dwelling units supported by higher intensity land uses located at the periphery of single-family neighborhoods providing that the overall character and architectural integrity of the neighborhood is preserved. The regulations of the districts will permit building types designed for transition from areas of low density residential neighborhoods to other residential areas, and certain nonresidential uses and support facilities.

3.

High Residential Districts. The purpose of these districts is to promote and preserve a diversity of residential dwelling types at the highest densities within the city and to provide for the integration of compatible business and professional office uses to complement the areas. It is intended that the district regulations allow for concentrations of population through the use of multi-story facilities. The regulations of the districts will permit site diversification for high-density residential development in which adequate public facilities are available for present and future needs.

B.

Commercial Districts.

1.

Neighborhood Commercial Districts. The purpose of these districts is to serve the needs of surrounding residential neighborhoods by providing compatible neighborhood convenience goods and services that serve day-to-day needs. The regulations of the districts will permit location of business and professional offices and retail category uses within adjacent residential areas of medium and high densities.

2.

Community Commercial Districts. The purpose of these districts is to accommodate establishments providing goods or rendering services which are used in support of the community's trade and service establishments and serving multi-neighborhoods within a planning area of the city. The regulations of the districts will permit intensities designed to be compatible with each other and to provide for a wide range of types of commercial activity, including light automobile related uses.

3.

Regional Commercial Districts. The purpose of these districts is to provide for locations for the most intensive commercial uses intended to serve the entire city. It is intended that the district regulations permit heavy commercial uses characterized by automotive and light warehousing. The regulations of the districts are intended to provide a transition from general business areas to industrial and manufacturing uses, and to accommodate major locations of commerce, service and employment activities. Within the central business district, more intensive commercial uses are allowed, the predominant of which are retail trade and service uses, providing less restrictive height and area regulations.

C.

Industrial Districts.

1.

Light Industrial Districts. The purpose of these districts is to provide locations for light-intensity industries involving manufacturing, assembling, distribution and warehousing. It is intended that the districts will serve the entire city and will permit supporting commercial uses. The regulations of the districts are intended to preserve a light industrial nature particularly with regard to noise, smoke, odors, dust, vibrations and other noxious conditions.

2.

Heavy Industrial Districts. The purpose of these districts is to provide for the most intensive of industrial uses which may be characteristic of nuisance or hazardous conditions. It is intended that the districts will serve the entire city. The regulations of the districts will require reasonable standards for the protection and preservation of the compatibility of such uses and adjacent areas.

D.

Special Purpose Districts.

1.

"R-F" Ranch-Farm District. The purpose of this district is to provide for primarily fallow or agricultural areas within the city and to protect and conserve these areas within and adjacent to urban development. It is intended that this district afford areas where semi-rural (very-low density) residential and agricultural uses can be maintained without impairment from higher density residential, commercial or industrial development. The regulations of this district are designed to protect, stabilize and enhance the development of agricultural resources and to prohibit those activities that would adversely affect the urban-rural characteristics of this district.

2.

"PMD" Planned Mountain Development District. The purpose of this district is to preserve and protect the significant natural features of the mountain development and hillside area within the city. It is intended that the regulations of the district provide design alternatives which help to minimize disturbances to the natural character of the area and which enhance the open space and aesthetic qualities of the land. The regulations of this district are designed to protect, stabilize and enhance the development of these environmentally sensitive lands and to preserve them from the encroachment of more intensive forms of development.

3.

"S-D" Special Development District. The purpose of this district is to provide an opportunity for mixed-use projects, integrated in design, in certain older residential areas where there is a desire to permit a variety of nonresidential uses while maintaining the established residential appearance and landscaping of the area. The regulations of this district are designed to ensure compatibility with existing uses in the district; to permit the production, exhibit or sale of goods and the providing of services to the public in such older residential areas; to protect the traffic capacity of streets serving such older residential areas; to encourage flexibility by prescribing general performance standards for such older residential areas; and to protect the environment of adjacent areas. For the purpose of this district, older areas of the city shall be deemed those areas where development has existed for at least twenty-five years.

4.

"U-P" Union Plaza District. The purposes of the Union Plaza District are: (1) to create a unique mixed-use environment with the provision of standards and guidelines designed to encourage the preservation of existing building architecture; (2) to ensure that reconstruction of existing buildings or new construction projects is consistent with the architectural and design guidelines adopted for the Union Plaza District; and (3) to encourage a variety of commercial and residential uses that coexist in a mixed-use area.

5.

"P-R I" Planned Residential District I. The purpose of this district is to encourage planned developments as a means of creating a superior living environment through unified planning and building operations at lower residential densities. The regulations of the district are designed to encourage variety in housing needed to meet changing housing demands and to provide adequate community facilities well-located with respect to needs; to protect the natural beauty of the landscape; to encourage preservation and more efficient use of open space; and to offer an opportunity for design flexibility and encourage innovations which may result in improved relationships between uses of different types and between land uses and transportation facilities.

6.

"P-R II" Planned Residential District II. The purpose of this district is to encourage planned developments as a means of creating a superior living environment through unified planning and building operations at higher residential densities. The regulations of the district are designed to encourage variety in housing needed to meet changing housing demands and to provide adequate community facilities well-located with respect to needs; to protect the natural beauty of the landscape; to encourage preservation and more efficient use of open space; to offer an opportunity for design flexibility; and encourage innovations which may result in improved relationships between uses of different types and between land uses and transportation facilities.

7.

"P-C" Planned Commercial District. The purpose of this district is to provide for attractive and efficient retail shopping and personal service facilities of integrated design in appropriate locations to serve residential neighborhoods. It is intended that the district shall be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished. The district is adaptable to shopping centers of various sizes, as well as development of general business properties where the use of shared parking and access, together with careful site planning, will produce a stronger commercial area.

8.

"P-I" Planned Industrial District. The purpose of this district is to establish an industrial environment for certain types of manufacturing, business or industrial uses which are compatible with any adjacent land use by performance, appearance, and general operating characteristics. The regulations of the district are designed so that all operations and activities, specifically including but not limited to, the storage of materials of all kinds are conducted within a building or appropriately screened.

9.

"SRR" Special Residential Revitalization District. The special residential revitalization district (SRR) is established in recognition that developments containing both residential and commercial uses can create an appealing and vital urban environment when carefully designed. Developments approved for this district shall be designed to eliminate potential use conflicts through creative design methods. The SRR district allows for mixing residential environments with workplaces and services. Development in the SRR district must accommodate transportation systems, surrounding environments and pedestrian movements.

10.

"R-MU" Mixed Use Residential District. The purpose of this district is to accommodate, encourage and promote innovatively designed developments involving neighborhood-serving residential and commercial land uses, which together form an attractive and harmonious unit of the city. The regulations of this district are intended to allow for developments that are intended by their size and nature of operation to provide service to a neighborhood. It is intended that the district regulations permit uses that are compatible with the residential areas that the uses serve, and allow flexibility and encourage more creative, efficient and aesthetically desirable design and placement of land uses.

11.

"G-MU" General Mixed Use District. The purpose of this district is to accommodate, encourage and promote innovatively designed developments involving the combining and mixing of uses allowed in various zoning districts with appropriate regulations, which together form an attractive and harmonious unit of the city. The regulations of this district are intended to allow for large-scale developments that are able to function as individual neighborhoods or an integrated collection (two or more) of individual neighborhoods supported by civic, commercial and recreational uses; as small-scale developments requiring flexibility because of unique design characteristics; or as transitional areas between dissimilar land uses. It is intended that the district regulations permit flexibility and encourage more creative, efficient and aesthetically desirable design and placement of land uses.

12.

"I-MU" Mixed Use Industrial District. The purpose of this district is to accommodate, encourage and promote innovatively designed developments involving diverse commercial and industrial land uses, which together form an attractive and harmonious unit of the city. The regulations of this district are intended to allow for developments with good access and high visibility that are designed to create compatibility between diverse uses and adjacent zoning districts. It is intended that the district regulations permit uses serving the entire community, and allow flexibility and encourage more creative, efficient and aesthetically desirable design and placement of land uses.

13.

"NOS" Natural Open Space District.

A.

The purpose of this district is to preserve and protect natural resources and features including, but not limited to the mountain, hillside, arroyo, bosque and desert flatland areas within the city and to promote the conservation and restoration of these areas within and adjacent to urban and suburban development.

B.

The regulations of this district are designed to protect ecologically sensitive lands and to prohibit those activities that would adversely affect the environmental characteristics of the district, while still permitting passive recreational use of the land. This district is also intended to preserve land that, if disturbed, may be susceptible to flooding and soil erosion due to steep slopes and runoff.

C.

Property located within this district shall remain undeveloped, except as allowed in accordance with this title.

14.

"URD" Urban Reserve District.

A.

Urban Reserve District means an area that has development value with open space opportunities. The land may not be available for development either due to a lack of necessary infrastructure to support development or because the land is owned by the city.

B.

Land may be zoned URD as a means of preserving the land for sustainable, transit served, form based code development and redevelopment when such land becomes necessary to serve growth in the region. Portions of URD zoned land may have intrinsic value as open space and may contain such features as scenic corridors, view sheds, arroyos, steep slopes, or protected habitat that should remain in its natural state once development occurs.

(Ord. 16915 § 3, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 3, 4-6-2010; Ord. No. 17490, § 3, 1-25-2011; Ord. No. 17547, § 2, 5-3-2011; Ord. No. 18531, § 3, 6-28-2016)

A.

The boundaries of the zoning districts herein established are shown on a set of maps known and designated as the "Official Zoning Map Series, City of El Paso, Texas." These maps shall be kept and maintained on a geographical information system ("GIS") or other digital cartography system by the planning division. It shall be the duty of the planning official to keep the official zoning map series up to date, clearly indicating all changes as soon as practicable after said changes occur. These maps shall be available to the public for inspection. Copies of superseded prints of the official zoning map series shall be kept for historical reference.

B.

The boundaries of the districts are as shown on the original "Official Zoning Map Series, City of El Paso, Texas," dated June 5, 2007, and which are adopted and made a part of this chapter by reference as if the districts, notations and information shown thereon were fully contained and described within this title; and any amendments made thereto after the effective date of these regulations. Copies of any ordinances, plans or other documents effecting amendments to the official zoning map shall also be maintained by the planning division and shall be available to the public for inspection.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 18, 10-26-2010)

Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the official zoning map series, the following rules shall apply:

A.

A letter and/or number combination shown on the official zoning map series shall indicate that the regulations pertaining to the zoning district of that letter and/or number combination extend throughout the whole area within those zoning district boundary lines, except as otherwise provided by this section.

B.

Zoning district boundaries approximately following (adjacent to or within) an alley, canal, lateral, drainage right-of-way, railroad right-of-way, railroad easement or street right-of-way, shall be construed to follow the centerline of the alley, canal, lateral, drainage right-of-way, railroad right-of-way, railroad easement or street right-of-way, and shall be so designated on the official zoning map series.

C.

Zoning district boundaries approximately following (adjacent to) a platted lot line, tract line, survey line, or other jurisdictional boundary line, shall be construed to follow the platted lot line, tract line, survey line, or other jurisdictional boundary line, and shall be so designated on the official zoning map series.

D.

Where the actual location of an alley, canal, lateral, drainage right-of-way, railroad right-of-way, railroad easement, street right-of-way, platted lot line, tract line, survey line, or other jurisdictional boundary line varies slightly from its location as shown on the official zoning map series, the actual location of the alley, canal, lateral, drainage right-of-way, railroad right-of-way, railroad easement, street right-of-way, platted lot line, tract line, survey line, or other jurisdictional boundary line shall control.

E.

Zoning district boundaries dividing a platted lot or tract shall be construed as being located as shown on the official zoning map series, and distances shall be determined by the scale of the map.

F.

Where a property has been or may hereafter be divided into platted blocks and lots, the zoning district boundaries approximately following (adjacent to) a platted lot line shall be construed to follow the platted lot line and shall be so designated on the official zoning map series.

(Ord. 16653 § 2 (part), 2007)

Amendments to the official zoning map series shall be accomplished using the procedures that apply to map amendments in this title, as set forth in Chapter 20.04 (Administrative Provisions).

(Ord. 16653 § 2 (part), 2007)

If, because of error or omission in the official zoning map series, any property in the corporate limits is not shown as being in a zoning district, or if for any other reason the zoning cannot be properly determined on any property in the corporate limits by the zoning administrator, such property shall be classified as R-F (Ranch and Farm) zoning district until changed by amendment pursuant to Chapter 20.04 (Administrative Provisions) of this title.

(Ord. 16653 § 2 (part), 2007)

A.

Any property hereafter annexed to the corporate limits shall be zoned in accordance with state law and this title. The city council and city plan commission may jointly consider, recommend and act, designating the zoning classification for the proposed annexed parcels proposal, at the same time of the public hearings required for annexation; provided, that all procedures required for amendments pursuant to Chapter 20.04 (Administrative Provisions) of this title and state law are complied with. If the property is annexed into the corporate limits without city council action designating a zoning classification for the property, the property shall be automatically zoned as R-F (Ranch and Farm) zoning district, and the zoning map revised accordingly, until changed by amendment pursuant to Chapter 20.04 (Administrative Provisions) of this title.

B.

The establishment of any nonconforming situations for any development or use of land existing on any parcel on or before initiation of annexation proceedings by the city shall be subject to the requirements of Chapter 20.22 (Nonconforming Situations) of this title.

(Ord. 16653 § 2 (part), 2007)

A.

Annexation of property shall follow the procedures stated in Chapter 43 of the Local Government Code.

1.

Application. The owner(s) of a tract of land, or the owner's agent if authorized in writing, who desires that the tract be annexed into the corporate limits of the city, shall submit an annexation application, using the application form prescribed by the planning and inspections department to the planning and inspections department. However, if the proposed annexation is a result of an annexation petition granted by city council, no application shall be required, but the petitioners shall submit all other information and documentation required in this subsection.

a.

The applicant shall also submit along with the application, the following:

(1)

Legal description of the property.

(2)

A survey and metes and bounds description of the property, sealed by a registered public surveyor licensed in the State of Texas.

(3)

A digital copy of a general development plan drawn at a scale of at least 1″ = 50′ showing:

(a)

The boundaries of the property.

(b)

Location of existing buildings and structures.

(c)

General arrangement of existing and proposed land uses, including any zoning proposed, and including but not limited to, parks, schools, public facilities and civic places sites; open space, trails, streets, bikeways, major drainage ways and transit corridors.

(d)

The proposed density expressed in units per acre and population by land use projected for the next ten years.

(e)

Layout and relationship of the proposed development to surrounding land uses, including zoning.

(f)

Other submittal requirements as specified in state law and municipal ordinances or regulations.

(4)

A certification from a title company authorized to do business in the State of Texas that the applicant is the owner of the property.

(5)

Application fee as adopted by city council. Annexations as a result of a petition shall also be required to file a processing fee.

b.

The planning and inspections department shall review the application and determine whether the application is complete. If the application is not complete, the application will be returned to the applicant with a statement of what information is missing.

2.

Annexation policy. The completed application shall be reviewed to determine whether the proposed annexation complies with the requirements of the City's annexation policy. If the proposed annexation complies with the annexation policy, then the application shall be processed in accordance with the provisions of Chapter 43 of the Local Government Code. If the proposed annexation does not comply the with annexation policy, then the applicant shall be advised of the reasons why and the application process shall end. An applicant may appeal to the city council a determination that an application does not comply with the annexation policy. If an applicant wishes to appeal a determination that the application does not meet the requirements of the annexation policy, then the applicant shall submit to the director of the planning and inspections department a notice of appeal. Upon receipt of notice of appeal and as soon as possible under the circumstances, the director of the planning and inspections department shall place the appeal on the city council agenda. City council shall review the proposed annexation to determine whether it is in compliance with the policy, or if there are extraordinary circumstances which merit that the property be annexed. If city council determines that the property should be annexed, then the director for the planning and inspections department shall continue with processing the application in accordance to state law.

3.

Service agreement. Each annexation shall include a service agreement which shall establish the terms and conditions under which the land shall be annexed into the city. The service agreement will include a service plan in accordance with Chapter 43 of the Local Government Code. Once the terms and conditions of the service agreement have been determined, the service agreement shall be forwarded to city council for approval. If approved, the service agreement shall be attached to the ordinance annexing the area. Upon city council approval of the service agreement, city council shall direct the deputy director for the planning and inspections department to prepare an ordinance annexing the area in accordance with Chapter 43 of the Texas Local Government Code.

4.

Public hearings. All public hearings shall be conducted in accordance with the procedures of Chapter 43 of the Texas Local Government Code, or any successor statute. The proposed service agreement prepared by the director for the planning and inspections department must be made available for public inspection and explained to the inhabitants of the area at the public hearing. The plan may be amended through negotiation at the hearing, but the provision of any service may not be deleted.

5.

Procedures after annexation. If city council approves the annexation ordinance, the director of the planning and inspections department shall prepare for the mayor's signature a letter, including as attachments certified copies of documents showing the change in boundaries of the city in addition to the change in boundaries to the city's ETJ, which shall be sent to the county clerk within thirty days of annexation.

6.

The city clerk shall send certified copies of the annexation ordinance to the Texas Comptroller of Public Accounts, Sales Tax Division notifying the comptroller of the change in city boundaries. The director of the planning and inspections department shall send certified letters notifying the entities listed here of the change in city boundaries:

a.

United States Bureau of the Census, Boundary and Annexation Survey.

b.

Texas Department of Transportation, Planning and Program Division.

c.

Texas Commission on Fire Protection.

d.

Texas Department of Insurance.

e.

El Paso County Tax Assessor.

f.

El Paso County Commission.

g.

El Paso Central Appraisal District.

h.

Any effected school district, as described in Section 43.905, Effect of Annexation on Operation of School District, of the Local Government Code.

i.

Any other effected public entity, as defined in Section 43.9051, Notification of Public Entities, of the Local Government Code.

(Ord. No. 18972, § 1, 9-3-2019)

Editor's note— Ord. No. 18972, § 1, adopted Sept. 3, 2019, repealed the former § 20.06.075, and enacted a new § 20.06.075 as set out herein. The former § 20.06.075 pertained to similar subject matter and derived from Ord. No. 17195, § 1, adopted Sept. 15, 2009.

All property within the corporate limits shall be located within one of the zoning districts described herein, and shall meet and conform to all requirements of those districts and shall meet any applicable performance standards (supplemental use regulations) set forth in this title. These performance standards shall apply whether or not a reference to such standards is identified in the Table of Permissible Uses under Chapter 20.08 (Permissible Uses) of this title. Except where indicated otherwise, the uses permitted in each zoning district shall be limited to those specifically enumerated. Unless the contrary is clear from the context of the lists or other regulations of this title, uses not specifically listed are prohibited.

(Ord. 16653 § 2 (part), 2007)