A.

Conformance with Regulations. Any use hereafter placed on land and any building or part thereof hereafter erected, altered, expanded, placed, converted, or otherwise located in the city shall comply with the requirements set forth in this title and otherwise as required by this City Code.

B.

Lot Required. Every building hereafter erected, altered, expanded, placed, converted, or otherwise located shall be on a lot or lots, and in no case shall there be more than one main building on one lot unless otherwise provided in this title. Where more than one building is allowed for a principal use within a zoning district, all buildings shall be subject to the provisions of this title. All buildings shall be so located on a lot or lots as to provide for safe and convenient vehicular access.

C.

Legal Access Required. No lot or portion thereof shall be used or occupied unless such lot has frontage upon an accessway, except for agricultural uses associated with the conduct of a farm or ranch.

D.

Reference to Other Legislation.

1.

Any condominium project and any declaration or restriction to be filed in connection therewith shall comply in all respects with the provisions of the Texas Condominium Act and with the requirements of the ordinance codified herein to the extent not in direct conflict.

2.

No building or land shall hereafter be used and no building or part thereof shall be erected, altered, expanded, placed, converted, or otherwise located on a lot or lots unless in conformity with the regulations of this Code and any applicable state or federal regulations.

(Ord. 16653 § 2 (part), 2007)

The general performance standards set forth below are intended to reduce the impacts that development may have on adjacent properties. Satisfactory compliance with the performance standards shall be required to be demonstrated for a particular use at the time of issuance of a building permit or certificate of occupancy, and continued compliance with the performance standards shall be enforced by the city against any use if there are reasonable grounds to believe that the performance standards are being violated by such use. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any point where the existence of such elements may be more apparent.

A.

Noise. No use permissible in any zoning district may generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by the use if that use is one of several located on a lot, or uses located on adjacent lots. The maximum permissible noise levels are set forth in Chapter 9.40 (Noise) of this Code. Maximum permissible noise levels shall vary according to the use and zoning of the lot(s). Decibel level measurements shall be taken at the boundary line of the lot where the use is located.

B.

Vibration. No use permissible in any zoning district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the use generating the vibration if the use is one of several located on a lot, or the lot line if the use generating the vibration is the only use located on a lot. Ground-transmitted vibration shall not be permitted in excess of the maximum limits set forth in Chapter 9.16 (Nuisances) of this Code. Vibration shall be measured at any adjacent lot line with suitable instrumentation or computed on the basis of displacement and frequency.

C.

Odors. No use permissible in any zoning district may generate any odor that reaches the odor threshold measured at the outside boundary of the immediate space occupied by the use generating the odor, or the lot line if the use generating the odor is the only use located on a lot. For purposes of this section, the odor threshold shall be defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory system as set forth in Chapter 9.16 (Nuisances) of this Code.

D.

Air Pollution. Any use permissible in any zoning district that emits any air contaminant shall comply with applicable standards of Chapter 9.36 (Air Pollution) of this Code, 30 TAC (Texas Administrative Code), and any state or federal standards concerning air pollution. No permit may be issued for a use emitting an "air contaminant" until the state or federal agency with jurisdiction has certified to the city that the appropriate permits have been received or that the development is otherwise in compliance with applicable laws.

E.

Disposal of Liquid Wastes. No use permissible in any zoning district may:

1.

Discharge any waste contrary to the provisions of Title 19 (Subdivisions) of this Code, and any state or federal law governing discharges of radiological, chemical, or biological wastes into surface or subsurface waters; or

2.

Discharge into the city sewage treatment facilities any waste that cannot be adequately treated by biological means, or without the permission of the El Paso Water Utility.

F.

Electrical Disturbance or Interference. No use permissible in any zoning district may:

1.

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or

2.

Otherwise cause, create, or contribute to the interference with electronic signals (including, but not limited to, television, telephone and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

G.

Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive materials shall ensure there are adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standard in the industry pursuant to applicable sections of Chapter 9.52 (Fire Prevention Code) of this Code, and any relevant state or federal standards.

H.

Glare. No direct or sky-reflected glare from high-temperature processes, such as but not limited to combustion, welding or otherwise, so as to be visible at the property line shall be permitted.

I.

Lighting. All entrances, exits, parking lots, and other common areas and facilities within a lot shall be sufficiently illuminated to ensure the security of property and the safety of persons using such areas and facilities, provided, however, that lighting within a lot shall be adequately shielded or directed so that illumination is provided in a manner that would not substantially interfere with the use or enjoyment of neighboring properties, and is in compliance with Title 18.

(Ord. 16653 § 2 (part), 2007)

A.

Residential.

1.

Residential accessory buildings shall not exceed one story or fifteen feet in height and must be located in a rear yard, or in a side yard if minimum required side setbacks are maintained, except as permitted in Section 20.10.035 (Accessory Dwelling Units). Condensing units for central air conditioning systems shall be no closer than five feet to a lot line.

2.

Any residential accessory building closer than five feet to a main building shall be considered as part of the main building, shall be located within the buildable area required for a main building, and shall be subject to all applicable restrictions for the main building.

3.

Detached residential accessory buildings shall be located not less than sixty feet from the front lot line, a minimum of five feet from the main building, and shall comply with the side and side street yard requirements. No rear yard setback shall be required, except for accessory dwelling units as permitted in Section 20.10.035.

4.

The gross floor area of all combined detached residential accessory buildings on a lot shall not exceed the more restrictive of the following, except that one building with up to four hundred square feet shall be permitted:

a.

Fifty percent of the gross floor area of the main building; or

b.

Forty percent of the area of the rear yard.

5.

A residential private garage or other accessory building may be connected to the main building by a breezeway or connected by a fence or wall up to six feet in height, provided that the breezeway shall not exceed an overall width of five feet and shall be a minimum of seventy-five percent open to the outside on both sides.

6.

Residential accessory buildings shall be built concurrently with or after the construction of the main building and shall be used only as permitted by this Code.

7.

Where a residential garage entrance is from an alley, the structure must be located at least five feet from the property line.

8.

In residential, apartment and special districts where community refuse containers are provided, these shall be completely screened from view by fences or walls and have a gate which can be latched open.

B.

Ranch and Farm District.

1.

A maximum of two single-family dwelling units shall be permitted for farm and ranch properties of not less than six acres nor more than twenty-five acres, without regard to street frontage, provided both dwelling units shall be for year-round farm and ranch operators, or farm and ranch workers and their families.

2.

One additional dwelling unit for additional farm and ranch workers and their families shall be permitted for each additional twenty-five acres.

C.

Placement of Portable Storage Containers.

1.

On any lot located in zoning district C2, C3, C4, M1, M2, M3, PI, GMU or IMU one or more portable storage containers may be permitted as accessory storage to the principal use(s) provided the following conditions are met:

2.

The floor area contained in the portable storage container shall be limited to no more than ten percent of the floor area of the principal use except that for principal buildings less than one thousand six hundred (1,600) square feet in size, the container may be up to one hundred sixty square feet in size. In buildings with multiple tenants, no single user shall be permitted more than ten percent of the floor area of its use.

3.

Portable storage containers shall be located at least five feet behind the front wall line of the principal building.

4.

Portable storage containers shall be required to meet side and rear setback requirements for buildings and shall be located at least twenty feet from any abutting apartment or residential zoning district.

5.

Signage on portable storage containers shall be limited to one sign per container, not exceeding two square feet. The signage shall not be visible from any abutting street or any adjacent property in an apartment or residential zoning district.

6.

Vertical stacking of portable storage container and stacking of any other materials or merchandise on top of any portable storage container shall be prohibited. No running gear shall be left underneath any portable storage container.

7.

No portable storage container shall be placed or located on a required parking space, circulation aisle/lane, fire access lane, required landscape area, required open space, retention or detention basins, loading zone, or any other location that may cause hazardous conditions or constitute a threat to public safety.

8.

A building permit shall be required for the installation of portable storage containers and the design and installation of any such portable storage containers shall comply with Title 18.

9.

Exceptions:

a.

Portable storage containers temporarily placed on lots during a period of ongoing permitted construction on the same lots are exempt from the above requirements.

b.

The temporary placement of a portable storage container on a lot for the purpose of loading and unloading household contents shall be permitted for a period of time not exceeding seven days in a calendar year.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17532, §§ 2—4, 4-19-2011)

A.

In addition to the regulations in Section 20.10.030, detached accessory dwelling units in residential zoning districts shall comply with the following:

1.

The property owner must occupy either the principal unit or the accessory dwelling unit as their permanent residence. An owner of a property containing an accessory dwelling unit who is absent for a period of one year or less may rent the owner's unit as well as the second unit during the temporary absence.

2.

Only one ADU is permitted on a lot with a detached single-family dwelling. ADUs are not permitted on lots with a duplex or multi-family units.

3.

The minimum lot area is five thousand five hundred square feet.

4.

If the lot is designated for on-site ponding, the maximum lot coverage, including all buildings and impervious surfaces, is fifty percent.

5.

The ADU shall not exceed eight hundred square feet of gross floor area, except that for lots containing eight thousand square feet or more, the ADU shall not exceed one thousand two hundred square feet gfa.

6.

The ADU shall not contain more than one bedroom.

7.

The ADU shall comply with all building code requirements for a dwelling unit, including but not limited to, heating and cooling, cooking and bathroom facilities.

8.

The ADU shall be located a minimum of ten feet from any property line, except that when the rear property line abuts an alley with a minimum ROW of twenty feet, the rear setback for an ADU may be reduced to zero feet; and when the rear property line abuts an alley with ROW less than twenty feet, the rear setback for an ADU may be reduced to five feet, or less if approved by the traffic engineer.

9.

Vehicular access to the ADU is permitted from an abutting alley if on-site parking is provided for the ADU.

10.

The height of the ADU shall not exceed the height of the principal unit.

11.

Windows shall not be permitted on the wall of an ADU that is within ten feet of the property line abutting a residential use, if the ADU is taller than one story or fifteen feet, unless a minimum fifteen feet buffer of privacy trees (see approved tree list) are planted at fifteen feet on center along the side and/or rear property lines adjacent to the ADU.

12.

ADUs shall resemble the principal unit in scale and character.

13.

Windows shall be similar to the principal unit in the following ways: Type of window, trim style, proportions.

B.

Attached accessory dwelling units are permitted when they comply with the following:

1.

Only one ADU is permitted on a lot with a single-family dwelling. ADUs are not permitted on lots with a duplex or multi-family units.

2.

The minimum lot area is five thousand five hundred square feet.

3.

The ADU shall not exceed eight hundred square feet of gross floor area except that for lots containing eight thousand square feet or more, the ADU shall not exceed one thousand two hundred square feet gfa.

4.

The ADU shall not contain more than one bedroom.

5.

The ADU shall comply with all building code requirements for a dwelling unit, including but not limited to, heating and cooling, cooking and bathroom facilities.

6.

The ADU shall comply with all yard standards of the zoning district.

7.

A separate entrance shall be provided for the ADU.

8.

Vehicular access to the ADU is permitted from an abutting alley if on-site parking is provided for the ADU.

9.

The height of the ADU shall not exceed the height of the principal unit.

10.

ADUs shall resemble the principal unit in scale, material and color. Roof pitch, siding material and color shall match the principal unit.

11.

Windows shall be similar to the principal unit in the following ways: type of window, trim style, proportions.

(Ord. No. 17532, § 5, 4-19-2011; Ord. No. 18973, § 1, 9-3-2019)

Permitted accessory uses for hospitals, medical and dental offices may include florist shops, gift shops and pharmacies, with the following restrictions:

A.

No display of goods or merchandise shall be visible from any public street;

B.

No sign advertising the accessory use or service shall be visible from any public street; and

C.

All access to the accessory use or service shall be from within a completely enclosed building and no outside entrance shall be visible from any public street.

(Ord. 16653 § 2 (part), 2007)

The following are permitted accessory uses in attached single-family developments or multifamily developments:

A.

An office located in a main building for administration of a development containing ten or more dwelling units;

B.

A laundry room for use of occupants of a development;

C.

A sauna, exercise room, clubhouse or similar facility for use of occupants of a development;

D.

Vending machines for candy, ice, soft drinks and sundries, located inside a building.

(Ord. 16653 § 2 (part), 2007)

A.

Purpose. The purpose of an adaptive reuse overlay (ARO) is to revitalize neighborhoods and increase new housing opportunities within the El Paso Downtown 2015 Plan area by allowing more flexible development standards for certain residential and/or mixed uses within the area.

B.

Applicability. An adaptive reuse overlay (ARO) may be placed on property located in El Paso Downtown 2015 Plan area and can only be used for the conversion of all or any portion of an existing building to any of the following new residential and/or mixed uses:

1.

Dwelling units (single family, duplex, triplex, quadraplex, townhomes, apartments, condominiums).

2.

Single room occupancy (SRO).

3.

Live-work units.

4.

Mixed-use buildings.

5.

Other uses permitted in the underlying zoning district.

C.

Designation. An application for an ARO designation may be initiated either by city council, a property owner or group of property owners.

D.

Application. An application for an ARO designation shall be subject to the notice and public hearing requirements and procedures of Chapter 20.04, and shall also be accompanied with all of the following:

1.

A list of all the properties and property owners in the area described in the application; and

2.

A map of the area.

E.

Development standards.

1.

The ARO standards are optional and provide for greater density and flexible standards. A property owner within the ARO may use the standards identified in this section or may use the underlying zoning district standards for their property. All of the permitted uses in the underlying zoning district are permitted in the ARO. Additionally, within the ARO, a property owner may convert all or any portion of an existing building to any of the uses in Section 20.10.455 B.

2.

The following modified development standards apply for adaptive reuse projects in the El Paso Downtown 2015 Plan area for properties zoned UP, C-5, C-4, C-1, S-D, SRR, and M-1:

a.

Minimum front, rear and side setbacks: Zero feet.

b.

Maximum height: Five stories or as permitted in the underlying zoning district.

c.

Minimum lot area, width, and depth: None.

d.

Minimum square footage for multi-family dwelling units: Four hundred fifty; except that the total units within a development shall have a minimum average square footage of six hundred fifty.

e.

Adaptive reuse projects are exempt from detailed site development plan requirements in Title 20.

f.

Adaptive reuse projects are exempt from landscape requirements in Title 18, except that where there is minimum of ten feet of existing parkway (including sidewalk), street trees shall be provided in accordance with Article IV — Street Trees, of Section 18.46.

g.

Unless specifically modified in Subsection E. above, all other dimensional and density standards and parking standards of the underlying zoning district standards in Title 20 shall apply to any property with an ARO overlay.

h.

All properties within an ARO will carry the suffix "ARO," indicating that such property may be developed under the land use and design standards of the ARO.

(Ord. No. 17754, § 2, 3-20-2012)

A.

Requirements. The sale, storage, or handling of alcoholic beverages for the purpose of sale is permitted only where the use is authorized by and complies with all applicable provisions of this title and the Texas Alcoholic Beverage Code.

1.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only where licensed in accordance with Chapter 5.08 of the city code and the Texas Alcoholic Beverage Code.

2.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only in approved locations within the interior of buildings or structures that have a valid certificate of occupancy allowing such use.

3.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted in specific uses in the following zoning districts, subject to the requirements of this chapter:

a.

C-1, C-2, C-3, C-4, and C-5 commercial districts;

b.

P-C planned commercial district;

c.

GMU general mixed use district;

d.

S-D special development district;

e.

U-P union plaza district;

f.

M-1, M-2 and M-3 manufacturing districts;

g.

IMU industrial mixed use district.

4.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted as an accessory use to specific permitted uses in the following zoning districts, subject to the requirements of this chapter:

a.

R-F ranch and farm district;

b.

R-1, R-2, R-2A, R-3, R-3A, R-4 and R-5 residential districts;

c.

PMD planned mountain development district;

d.

A-1, A-2, A-3 and A-4 apartment districts;

e.

A-O and A-3/O apartment/office districts;

f.

COP commercial office park district;

g.

A-M apartment and manufactured home park district;

h.

RMU residential mixed use district;

i.

PR-1 and PR-II planned residential districts.

j.

NOS natural open space district.

5.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted as an accessory use to specific uses allowed by special permit in the following zoning districts, subject to the requirements of this chapter:

a.

PMD planned mountain development district;

b.

A-1, A-2, A-3 and A-4 apartment districts;

c.

A-O and A-3/O apartment/office districts;

d.

A-M apartment and manufactured home park district.

B.

Restrictions.

1.

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a church, public or private school, or public hospital; however, this section shall not apply where the applicant has approval from the affected church, public or private school, or public hospital in writing.

2.

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a day-care center or a child-care facility as defined in the Texas Human Resources Code § 42.002 and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission, unless expressly varied pursuant to the requirements of this section, except that this provision shall not apply:

a.

If the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

b.

If the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building; or

c.

Neither section a. or b. within this subsection, is applicable if the applicant has approval from the affected day-care center or child-care facility in writing.

3.

The distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

4.

The distance between the place of business where alcoholic beverages are sold and a school, day-care center or child-care facility shall be measured in direct line from the property line of the school, day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections.

5.

The prohibition of the sale of alcoholic beverages within three hundred feet of a church, school or public hospital shall not apply to the sale of alcoholic beverages by any business that held a valid license on August 31, 1983, and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any church, school or public hospital; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on August 31, 1983, and continuing to be so engaged within three hundred feet of any church, school or public hospital from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.

6.

The prohibition of the sale of alcoholic beverages within three hundred feet of a commercial day care shall not apply to the sale of alcoholic beverages by any business that held a valid license on June 5, 2007, and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any commercial day care; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on June 5, 2007, and continuing to be so engaged within three hundred feet of any commercial day care from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.

7.

The city council may grant an exception from prohibition of the sale of alcoholic beverages within three hundred feet of a church, school, commercial day care or public hospital after notice and public hearing if the council determines that the enforcement of the prohibition in a particular instance:

a.

Is not in the best interest of the public;

b.

Constitutes waste or the inefficient use of land or other resources;

c.

Creates an undue hardship on an applicant;

d.

Does not serve its intended purpose;

e.

Is not effective or necessary; or

f.

For any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010; Ord. No. 18458, §§ 1, 2, 1-12-2016)

Federally licensed amateur and CB radio stations must comply with FCC regulations. Installation of radio towers and masts shall comply with the building code requirements of the city.

(Ord. 16653 § 2 (part), 2007)

A.

Kennels and animal training establishments are permitted when in compliance with Title 7 of this Code and the following conditions:

1.

In the Ranch-Farm zoning district, provided,

a.

The site has a minimum of six acres, and

b.

Any building relating to this use is not closer than three hundred feet from the nearest residential or apartment district or use;

2.

In C-2, C-3, C-4 and M-1 zoning districts:

a.

All animals are housed inside a permitted structure,

b.

No open pens are provided or used,

c.

No building, structure or open area (except space for parking of employee and customer automobiles) shall be used for this use unless it is at least three hundred feet from the nearest residential or apartment district or use,

d.

A means of mechanical air exchange is provided for all permitted structures, and

e.

No outside runs are permitted.

B.

Small animal veterinary hospitals or clinics are permitted when in compliance with Title 7 of this Code and the following conditions:

1.

In the R-1 and C-1 zoning districts (with a special permit approved by city council):

a.

All animals are housed inside a permitted structure that is completely enclosed and soundproof,

b.

No open pens are provided or used,

c.

The distance between a building, structure or open area (except for parking of employee and customer automobiles) used for any hospital or clinic purpose to the property line of any residential or apartment use existing at the time the hospital or clinic is established shall not be less than one hundred fifty feet. This restriction does not apply to a residential structure located on the same site and used as a part of the hospital or clinic operation,

d.

A means of mechanical air exchange is provided for all permitted structures, and

e.

No outside runs are permitted;

2.

In C-2, C-3, C-4 and M-1 zoning districts:

a.

All animals are housed inside a permitted structure,

b.

No open pens are provided or used,

c.

No building, structure or open area (except space for parking of employee and customer automobiles) shall be used for any hospital or clinic purpose unless it is at least one hundred fifty feet from the property line of any residential or apartment use at the time the hospital or clinic use is established,

d.

A means of mechanical air exchange is provided for all permitted hospital or clinic structures, and

e.

No outside runs are permitted.

C.

Small or large animal veterinary hospitals or clinics in the R-F zoning district, and large animal hospitals or clinics in the C-4 and M-1 zoning districts with a special permit approved by city council, must comply with Title 7 of this Code, and the following conditions:

1.

Lot area shall be a minimum of one acre with a minimum average lot width of two hundred feet,

2.

No building, structure, open pen or corral (except open space for parking of employee and customer automobiles) shall be used for any hospital or clinic purpose unless it is at least one hundred fifty feet from the nearest residential or apartment district or use at the time the hospital or clinic use is established, and

3.

A means of mechanical air exchange is provided for all hospital or clinic structures.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17325, §§ 1, 2, 5-25-2010; Ord. No. 17792, § 1, 5-29-2012)

A.

Motor Vehicle Repair, Minor. When located in S-D, C-1, C-2 and P-C zoning districts, facilities are subject to the following standards:

1.

The property has frontage on a collector arterial or larger street;

2.

A maximum building square footage of four thousand square feet is permitted;

3.

A minimum twenty-five foot setback is required from any abutting residential or apartment use or district;

4.

All services must be performed within an enclosed building;

5.

No service bay doors may open facing a residential use or district;

6.

No overnight outside storage of inoperative vehicles is allowed; and

7.

No outside display of stock or inventory sold at retail shall be permitted.

B.

Motor Vehicle Repair, Major. Facilities shall comply with the following standards:

1.

The property has frontage on a collector arterial or larger street;

2.

A minimum twenty-five foot setback is required from any abutting residential or apartment use or district;

3.

No service bay doors may open facing a residential use or district; and

4.

No outside display of stock or inventory sold at retail shall be permitted.

C.

Motor Vehicle Storage Yard (accessory use to motor vehicle repair). Facilities shall comply with the following standards:

1.

These yards shall be paved and enclosed by a six-foot screening wall except for necessary ingress and egress or where prohibited by this Code, to prevent visibility from adjacent properties or rights-of-way;

2.

For the purposes of this use, temporary storage of a vehicle means for a maximum of ten consecutive calendar days;

3.

The maximum number of vehicles authorized in temporary storage at any one time shall be the greater of three vehicles per bay or ten vehicles; and

4.

A vehicle must be inoperative and waiting for parts, or unsafe to operate, to be temporarily stored in this manner.

D.

Rental Satellite Location. In the S-D, C-1, C-2 and P-C zoning districts, a maximum of ten vehicles are permitted.

(Ord. 16653 § 2 (part), 2007)

Editor's note— Ord. No. 019734, § 3, 5-28-2025, repealed § 20.10.100, which pertained to bakeries and tortilla factories and derived from Ord. 16653 § 2 (part), adopted 2007.

Drive in facilities must have a stacking lane or deceleration lane as approved by the traffic engineer.

(Ord. 16653 § 2 (part), 2007)

All boarding home facilities must be licensed in accordance with the provisions of Title 5 of this Code.

(Ord. No. 17577, § 4, 7-7-2011; Ord. No. 18241, § 3, 9-9-2014)

A forty-foot minimum front yard setback and thirty-foot minimum rear yard setback shall be required, except that the main building shall be a minimum of one hundred feet from any residential or apartment use or district.

(Ord. 16653 § 2 (part), 2007)

A.

Home occupation - child care facilities shall comply with the following:

1.

A license shall be maintained at all times as required by law or ordinance;

2.

The home child care facility shall be clearly incidental and secondary to the principal use of the property;

3.

A caregiver shall be required;

4.

The front, side and side street yards shall be maintained as open space and all play activity shall be confined to the rear yard;

5.

An indoor area of thirty square feet, excluding single purpose areas as defined in the Texas Human Resources Code, and a rear yard area of eighty square feet shall be provided per child;

6.

Permitted signs shall be limited to a one square foot nameplate attached to and not projecting more than one inch beyond the face of the building;

7.

The exterior of the building or grounds shall not be altered, decorated or painted in any way to distract from the residential character of the neighborhood;

8.

Annual certification shall be required from the fire chief, building official, director of the department of environmental services, and licensing supervisor for the Texas Department of Family and Protective Services that the use and structure comply with the requirements of their respective codes. Provisions of Section 20.10.270 shall also apply to home child care facilities;

9.

The play area shall be separated from adjacent properties by a solid masonry wall, not less than four feet high. The solid masonry wall may be along any or all rear lot lines or surrounding the play area, so long as a solid masonry wall exists between the play area and all adjacent property;

10.

A minimum of one off-street parking space shall be provided plus one additional off-street parking space for every six children. For this use, the off-street parking requirement shall include garage or carport spaces, and paved driveways which may or may not afford ingress and egress for an automobile. Any passenger loading or unloading at curbside shall be subject to approval by the traffic engineer.

B.

Commercial day care centers shall comply with the following:

1.

License or registration is maintained at all times when required by law or ordinance;

2.

A solid wall, not less than four feet high, is maintained along all interior lot lines with separate play areas for adjacent properties. If the play area abuts open, undeveloped land, a four-foot fence may be substituted, provided that a solid wall is built when the abutting land is developed;

3.

The required front yard, and side street yard if one exists, shall be maintained as open space and shall not be used for child care;

4.

There shall be at least thirty square feet of indoor activity space for each child in the day care center, measured wall-to-wall on the inside, not including single-use areas;

5.

The day care center shall have at least eighty square feet of outdoor play area for each child using the area at one time. All outdoor play areas used by the children shall be accessible by a safe route and enclosed by a building or fence at least four feet high with at least two exits.

(Ord. 16817 § 3, 2008; Ord. 16653 § 2 (part), 2007)

Any civic building, public space, and/or educational facilities as defined in this title shall conform to, in addition to all other applicable code provisions, the development standards set forth herein.

A.

For purposes of this ordinance, a civic building and/or public space shall be categorized and defined as one of the following, which shall be declared by the applicant on the application form for the detailed site development plan:

Neighborhood Facility. A civic building and/or public space designed for and which serves the residents of a neighborhood, which is defined for purposes of this section as an area of one-half square mile. Minimum standards for a neighborhood facility shall include:

Community Facility. A civic building and/or public space designed for and which serves the residents of several neighborhood areas, but within the same approximate geographic area, defined for purposes of this section as an area of one square mile.

Regional Facility. A civic building and/or public space designed for and which serves the residents of the entire city, nearby communities, and unincorporated areas.

B.

Minimum Standards for Educational Facilities. For the purpose of this ordinance, an educational facility is defined as a school serving pre-kindergarten through sixth grade (PK-6 ^th ).

C.

Additional Requirements. The application process for a civic building and/or public space will require a detailed site development plan illustrating integration of the facility within the neighborhood through building design, placement of buildings, pedestrian walkways within the site, landscaping, and parking areas. Administrative review and approval of the detailed site development plan must be completed no more than thirty days after submission of a completed application. An application for a detailed site development plan under this subsection is exempt from Sections 20.04.150 C.1. and 2. Administrative approval and 20.04.150 D. City plan commission approval. If no comments are provided by the city on the detailed site development plan within thirty days of submission, the detailed site development plan, listed in subsection 2(a) through (j) below, may be granted by the city manager or designee. In the event that the city and the applicant cannot agree on the contents of a proposed detailed site development plan, the applicant can appeal to the city plan commission within fifteen business days from the denial of the application. An application for a detailed site development plan must include the following:

1.

Proof of outreach and consultation with stakeholders such as residents, parents, facility-end users, elected officials, and neighborhood associations in planning the development of the civic building and/or public space. Examples of outreach and consultation include but are not limited to notice of meetings, flyers of the event, sign-in sheets, and/or newspaper clippings.

2.

A detailed site plan must depict the following:

a.

Designation of a system of A and B streets serving the facility. An A street is defined as a street that includes a main principle entrance and the architectural and design focal points of the building and/or buildings. Parking is restricted along the A street as outlined in Section 20.10.145 A. Frontage build-out. A B street is defined as a secondary street where the emphasis should be on driveways, drop-off zones, parking lots, and auxiliary entrances.

b.

Minimum five-foot sidewalks with minimum five-foot parkway along all street frontages shall be required.

c.

In no instance shall parking be placed between the principal entrance and the street. Parking may be placed beyond the sixty percent unobstructed frontage build-out.

d.

The number of access points shall not exceed three along any B street and two along any A street.

e.

The width of driveway apron shall not exceed twenty-eight feet.

f.

The building design may strive to serve as a community landmark. Factors to be considered may include: the principal entrance of the building should serve as a terminating vista and other architectural design elements should be compatible with the surrounding area and/or districts.

g.

Plazas, courtyards, and/or other passive open space components may be incorporated within the site.

h.

Landscaping shall conform to current city regulations.

i.

Civic buildings may be located adjacent to a public park.

j.

Principle frontage screening may be constructed and be limited to a four-foot maximum combination masonry material and decorative wrought iron screening fence beyond the unobstructed sixty percent frontage build-out as outlined in Section 20.10.140 C.2.c.

k.

Illustrate the quarter-mile pedestrian shed in which at a maximum, the following may be illustrated:

i.

For neighborhood facility: Seventy-five percent of surrounding residential land uses should be included within this shed.

ii.

For community facility: Fifty percent of surrounding residential land uses should be included within this shed.

iii.

For regional facility: Twenty-five percent of surrounding residential land uses should be included within this shed.

3.

An intergovernmental agreement for the shared use of facilities is encouraged.

D.

Educational Facilities. The application process for an educational facility will require a detailed site development plan illustrating the integration of the facility within the neighborhood through building design, placement of buildings, pedestrian walkways within the site, landscaping, and parking areas. Administrative review and approval of the detailed site development plan must be completed no more than thirty days after submission of a completed application. An application for a detailed site development plan under this subsection is exempt from Sections 20.04.150 C.1. and 2. Administrative approval and 20.04.150 D. City plan commission approval. If no comments are provided by the city on the detailed site development plan within thirty days of submission, the detailed site development plan is deemed approved. Exceptions to the requirements of a detailed site development plan, listed in subsection 2.(a) through (j) below, may be granted by the city manager. In the event that the city and the applicant cannot agree on the contents of a proposed detailed site development plan, the applicant can appeal to the city plan commission within fifteen business days from the denial of the application. An application for a detailed site development plan must include the following:

1.

Proof of outreach and consultation with stakeholders such as residents, parents, facility-end users, elected officials, and neighborhood associations in planning the development of the civic building and/or public space. Examples of outreach and consultation include but are not limited to notice of meetings, flyers of the event, sign-in sheets, and/or newspaper clippings.

2.

A detailed site development plan must depict the following:

a.

Designation of a system of A and B streets serving the facility. An A street is defined as a street that includes a main principle entrance and the architectural and design focal points of the building and/or buildings. Parking is restricted along the A street as outlined in Section 20.10.145 A. Frontage build-out. A B street is defined as a secondary street where the emphasis should be on driveways, drop-off zones, parking lots, and auxiliary entrances.

b.

Minimum five-foot sidewalks with minimum five-foot parkway along all street frontages shall be required.

c.

In no instance shall parking be placed between the principal entrance and the street. Parking may be placed beyond the sixty percent unobstructed frontage build-out.

d.

The number of access points shall not exceed three along any B street and two along any A street.

e.

The width of driveway apron shall not exceed twenty-eight feet.

f.

The building design may strive to serve as a community landmark. Factors to be considered may include: the principal entrance of the building should serve as a terminating vista and other architectural design elements should be compatible with the surrounding area and/or districts.

g.

Plazas, courtyards, and/or other passive open space components may be incorporated within the site.

h.

Landscaping shall conform to current city regulations. Exceptions to reduce requirements may be granted as per Section 18.46.90 of the El Paso City Code.

i.

When possible, educational facilities may be located adjacent to a public park.

j.

Principle frontage screening may be constructed and be limited to a four-foot maximum combination masonry material and decorative wrought iron screening fence beyond the unobstructed sixty percent frontage build-out as outlined in Section 10.20.145 D.2.c.

3.

Schools are encouraged to enter into intergovernmental agreements for the shared use of school facilities.

(Ord. No. 18104, § 4, 12-17-2013; Ord. No. 19244, § 13, 10-12-2021)

A.

Regulations should allow for a variety of sign sizes, types, and technologies associated with professional sports, cultural events, festivals, outdoor markets and other entertainment events where large numbers of people congregate, and where street closures may regularly be required. The advertising and messaging allowed within the district should be as varied as the events that take place within it.

B.

District boundaries: Beginning at the intersection of the north ROW boundary of West Missouri Avenue and the east ROW boundary of North Oregon Street,

Thence southeast along the east ROW boundary of North Oregon Street to its intersection with the south ROW boundary of West Franklin Avenue,

Thence southwest along the south ROW boundary of West Franklin Avenue to its intersection with the east ROW boundary of North Santa Fe Street,

Thence in a southern direction along the east ROW boundary of North Santa Fe Street to its intersection with the south ROW boundary of West San Antonio Avenue,

Thence southwest along the south ROW boundary of West San Antonio Avenue to its intersection with the west ROW boundary of South Durango Street,

Thence in a northerly direction along the west ROW boundary of South Durango Street to its intersection with the south ROW boundary of West San Francisco Avenue,

Thence in a westerly direction along the south ROW boundary of West San Francisco Avenue to its intersection with the east ROW boundary of South Coldwell Street,

Thence in a south direction along the east ROW boundary of South Coldwell Street to its intersection with the north ROW boundary of West Paisano Drive,

Thence in a northwesterly direction along the north ROW boundary of West Paisano Drive to its intersection with the south ROW boundary of the Union Pacific Railroad Company,

Thence in a southeasterly direction along the south ROW boundary of the Union Pacific Railroad Company to its intersection with the west ROW boundary of South Durango Street,

Thence in a northerly direction along the west ROW boundary of South Durango Street to its intersection with the north ROW boundary of West Missouri Avenue,

Thence northeast along the north ROW boundary of West Missouri Avenue to the point of beginning.

(Ord. No. 18135, § 1, 3-4-2014; Ord. No. 019578, § 3, 12-12-2023)

Editor's note— Ord. No. 18241, § 3, adopted September 9, 2014, repealed § 20.10.150, which pertained to congregate home and derived from Ord. 16817 § 4, 2008; Ord. 16653 § 2 (part), 2007.

A.

The contractor's business office may be an accessory use to a contractor's yard.

B.

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.

C.

A six-foot high screening wall shall be required at the rear property line and at interior side property lines, and a forty-two inch high screening wall shall be required at the front property line and side street property lines (except where otherwise prohibited by this Code) to minimize visual impacts on adjacent properties and public rights-of-way.

(Ord. 16653 § 2 (part), 2007)

The provisions of this section apply to any property with a use designation of "credit access business" as defined by this Title in Section 20.02.279.

A.

No credit access businesses may be located within one thousand feet, measured from property line to property line, of any other credit access business.

B.

No credit access businesses may be located within three hundred feet, measured from property line to property line, of a lot in a residential district, SmartCode zone or special control area as defined by Chapter 20.18.250.

C.

No credit access business may be located within five hundred feet of an existing freeway or new freeway as defined in Section 20.02.392, measured from the property line of the credit access business to the nearest freeway or new freeway travel lane.

D.

A credit access business may only operate within a freestanding building.

E.

Credit access businesses are prohibited as accessory uses and may not operate in the same freestanding structure as any other use.

F.

In zoning districts where credit access businesses are permitted, a special permit shall be required, subject to the requirements of Chapter 20.04 Article V., Special Permit Approval Process.

G.

All credit access businesses shall comply with the provisions set forth in Chapter 5.17 (Credit Access Businesses) of the El Paso City Code. Failure to comply with the provisions of this chapter or those contained within this Title shall subject the property to forfeiture of the special permit, per Chapter 20.04.310, Compliance with Special Permits.

H.

Any credit access business not in conformance with the provisions of this Chapter at the time of the effective date of this ordinance shall be deemed nonconforming and subject to the provisions of Chapter 20.22, Nonconforming Situations.

(Ord. No. 18244, § 2, 9-16-2014)

Editor's note— Ord. No. 019734, § 3, 5-28-2025, repealed § 20.10.170, which pertained to custom shops and derived from Ord. 16653 § 2 (part), adopted 2007.

A.

Occupancy: Not more than six persons with disabilities and two supervisors may reside in a community home at the same time.

B.

An on-site resident staff person must be present at all times, whenever any residents of the facility are present.

C.

The establishment shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

D.

Districts Permitted: when located at least 1,000 feet from all other licensed disabled group dwellings and licensed group residential facilities, by right in the following districts: R-1, R-2, R-3, R-4 and R-5, RMH, A-1, A-2, A-3, A-4, A-0 A-3/0, A-M; C-1, C-2, C-3, C-4, C-5; and in special purpose districts R-F; by Detailed Site Plan in the following special purpose districts PMD, S-D, P-R I, P-R II, and SRR; by Master Zoning Plan in special purpose district R-MU. The spacing component of these use regulations is based, not on the disabled status of the residents, but on the non-family status of the groups.

E.

Exception to the Distance Requirements: The owner and applicant may request an exception to the distance requirement from City Council. Chapter 20.04 Administrative Provisions, Article VI Changes and Amendments shall be followed to request this exception. The application fee for the public hearing shall be waived. A determination must be made by city council that the enforcement of the distance prohibition in the particular instance:

1.

Is not in the best interest of the public;

2.

Constitutes waste or the inefficient use of land or other resources;

3.

Creates an undue hardship on an applicant;

4.

Does not serve its intended purpose;

5.

Is not effective or necessary; or

6.

After consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

F.

In accordance with the Federal Fair Housing Act, this use as defined does not extend to the following people:

1.

Persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent;

2.

Persons who claim to be disabled solely on the basis of having a criminal record;

3.

Persons who claim to be disabled solely on the basis of being registered as a sex offender;

4.

Persons who currently use illegal drugs;

5.

Persons who have been convicted of the manufacture or sale of illegal drugs; or

6.

Persons with or without disabilities who present a direct threat to the persons or property of others.

G.

Measurements of distance in this section are taken from property line to property line.

H.

In the event a conflict arises regarding the distance requirement, the owner or operator of a disabled group dwelling will have the burden of establishing "first in time" rights for purposes of complying with the distance requirement.

(Ord. No. 18241, § 3, 9-9-2014)

Drilling of oil or gas wells or other similar types of shaft mining shall meet the following minimum requirements:

A.

Minimum site of five acres, with minimum lot width of two hundred feet, minimum lot depth of two hundred feet and minimum front, side, side street and rear yard of fifty feet;

B.

Any structure exceeding fifty feet in height shall maintain setbacks from all property boundaries on streets equal to the height of the structure;

C.

A plan is submitted and approved by city council as part of the special permit application, showing the reclamation of the site and its future use after the extraction has been completed. Approval of the fire chief, building official and the director of the department of environmental services or his designee shall be required and the use shall comply with all appropriate regulations. A bond or other guarantee satisfactory to the city attorney and in an amount approved by the building official may be required by city council as a guarantee that the reclamation plan will be carried out.

(Ord. 16817 § 5, 2008; Ord. 16653 § 2 (part), 2007)

A principal use shall not be permitted to have a drive-thru facility under the following conditions:

A.

The property is located within the C-5 (Commercial) zoning district.

(Ord. No. 019734, § 3, 5-28-2025)

No cleaning fluid with a base of petroleum or one of its derivatives shall be used.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 019734, § 3, 5-28-2025)

A.

Solar energy conversion systems components, including, but not limited to, absorption cooling units, collectors, heat exchangers, photovoltaic cell arrays, solar power concentrating arrays, solar reflectors, including solar dishes and storage water tank units may be permitted as accessory uses and/or buildings in any district in accordance with building permit requirements where applicable and in compliance with the following conditions:

1.

If mounted on the main building, it shall not exceed the maximum height limit as provided for such buildings by more than ten feet;

2.

If mounted on any accessory structures, it shall not exceed more than ten feet above the top of the structure;

3.

No portion of the system shall project over any property line or required front, side, or side street setback.

B.

Wind-driven generators or wind-driven pumps, where permitted, are subject to the following conditions:

1.

Must be located in the rear yard for all residential Zoning Districts R-1, R-2, R-2A, R-3, R-3A, R-4, R-5, A-1, A-2, A-3, A-4, A-O and residential special districts P-R I, P-R II, SRR, and P-MD;

2.

Shall be in compliance with the guidelines of the Federal Aviation Administration and shall not exceed eighty feet in height in commercial C-1, C-2, C-3, C-4 and manufacturing M-1, M-2, M-3 zoning districts and not to exceed thirty five feet in height in residential R-1, R-2, R-2A, R-3, R-3A, R-4, R-5, A-1, A-2, A-3, A-4, A-O and residential special districts P-R I, P-R II, SRR, and P-MD;

3.

Any propeller blades or similar devices shall come no closer than ten feet to the ground or to any structure, and shall have clearance from any overhead wires in accordance with electric utility company requirements;

4.

No portion of the system shall project over any property line or required front, side, or side street setback;

5.

The structural integrity of every wind-driven generator and pump, regardless of height, shall be designed and sealed by a registered professional engineer in the state of Texas;

6.

The construction of wind-driven generator and pump foundations must comply with the building code of the city;

7.

Noise and vibration levels must be in compliance with Title 9 (Health and Safety) of this Code.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18454, § 1, 1-12-2016)

Storage of explosives is permitted by special permit where the location and the safeguards imposed to regulate the possession, transportation and use are approved by the fire chief, and in compliance with all applicable state and federal regulations. City council must find that the location and safeguards are reasonable to protect the public safety. Special permits for storage of explosives shall not be granted for more than one year, but may be renewed by following the same procedure as required for original issuance.

(Ord. 16653 § 2 (part), 2007)

Notwithstanding any other provisions of this title, in all zoning districts except for the PMD (Planned Mountain Development) or the NOS (Natural Open Space), a property may be used wholly or partially for farming and harvesting of field, tree and bush crops as an interim use in any zoning district until a change in use or development occurs on the property. The change in use or development of the property shall be for a use legally permissible within the base-zoning district or as permitted by special permit approved by City Council.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010)

A.

A minimum site of twenty acres is required.

B.

Buildings or feeder lots for five or more cattle shall not be closer than five hundred feet from the nearest property line.

C.

Written evidence of approval from the Texas Commission on Environmental Quality (TCEQ) to determine any additional environmental protection requirements must be submitted with the building permit application. A feed yard may not be located within certain sensitive systems, including, but not limited to: federally-designated wetlands, designated flood plains, and state-designated areas of "Special Sensitivity" to environmental impacts due to topography, soil type (i.e., sand, karst, etc.), water quality, natural habitat significance, or public health and welfare protection.

D.

Shall comply with Title 7 of this Code.

(Ord. 16653 § 2 (part), 2007)

The following uses are considered freight and passenger terminals: transportation terminal type A, transportation terminal type B, passenger station, motor-carrier terminal, railyard, auxiliary rail facilities, airport, intermodal facility, heliport, airpad, helistop, interlocking tower, diesel maintenance facility, and railroad repair shop; and

The proposed development shall comply with the development standards specified below which shall be required on the building permit application:

A.

Lighting shall comply with Title 18 of this Code.

B.

Screening. A screening wall complying with Chapter 20.16 shall be provided along the property lines abutting an existing residential use or an existing R, A, PR, SRR, PMD or NOS zoning district, and adjacent to any right-of-way or easement which separates the property from a residential use or an R, A, PR, SRR, PMD or NOS zoning district, except for necessary ingress and egress and where otherwise prohibited by this Code

C.

Perimeter Treatment. A minimum perimeter setback shall be provided along the property lines abutting an existing residential use or an existing R, A, PR, SRR, PMD or NOS zoning district, and adjacent to any right-of-way or easement which separates the property from a residential use or an R, A, PR, SRR, PMD or NOS zoning district, to minimize potential negative impacts created by any activity within the site as follows:

1.

Within the minimum perimeter setback, employee and visitor off-street parking and necessary walks and drives shall be allowed. The use of the property within the designated perimeter setback for storage of containers, truck chassis, equipment, trailers or truck parking areas is expressly prohibited. This perimeter setback shall replace the required yard standard of the district where it abuts the residential use or residential zoning district.

2.

Where a right-of-way or easement separates the property from a residential use or residential zoning district, the width of such right-of-way or easement shall be included in meeting the perimeter setback requirement, provided, however, that the setback from the property line shall never be less than that required in the district.

3.

The minimum perimeter setback may be reduced by the zoning administrator when topographic conditions negate the buffering effect of the additional setback, provided, that the setback from the property line shall never be less than that required in the district. A fee for processing requests to reduce the minimum perimeter setback requirement shall be as provided in Chapter 20.04.

D.

Additional requirements for passenger terminals (except an airpad or helistop).

1.

A lobby or waiting room with a floor area of not less than two hundred square feet must be provided.

2.

Seating in the lobby or waiting room must be provided at a minimum of one seat for every twenty-five square feet of floor area in the lobby or waiting room.

3.

The outdoor sale of general merchandise or food is prohibited, except for vending machines.

4.

No loading or unloading of passengers is permitted on public right-of-way.

5.

Analysis Required. Traffic and parking demand studies must be submitted with an application for a special use permit.

6.

Outside Speaker Restrictions. Outside speakers are not permitted within fifty feet of a property line abutting a residential district or use. Outside speakers, when permitted, must face away from adjacent properties.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010)

A.

Screening. A screening wall complying with Chapter 20.16 (Screening and Fencing) shall be provided along the property lines abutting an existing residential use or an existing R, A, PR, SRR, PMD or NOS zoning district, and adjacent to any right-of-way or easement which separates the property from a residential use or an R, A, PR, SRR, PMD or NOS zoning district, except for necessary ingress and egress where otherwise prohibited by this Code.

B.

Perimeter Treatment. A minimum perimeter setback of fifty feet shall be provided along the property lines abutting an existing residential use or an existing R, A, PR, SRR, PMD or NOS zoning district, and adjacent to any right-of-way or easement which separates the property from a residential use or an R, A, PR, SRR, PMD or NOS zoning district, to minimize potential negative impacts created by activity within the site.

1.

Within the minimum perimeter setback, employee and visitor off-street parking and loading and necessary walks and drives shall be allowed. This perimeter setback shall replace the required yard standard of the district where it abuts the residential use or residential zoning district.

2.

In the case where a right-of-way or easement separates the property from a residential use or residential zoning district, the width of such right-of-way or easement shall be included in meeting the perimeter setback requirement, provided that the setback from the property line shall never be less than that required in the district.

3.

The minimum perimeter setback may be reduced by the zoning administrator when topographic conditions negate the buffering effect of the additional setback, provided, that the setback from the property line shall never be less than that required in the district. A fee for processing requests to reduce the minimum perimeter setback requirement shall be as provided in Chapter 20.04.

C.

Retail sales are permitted as part of the warehouse use provided the retail sales floor area does not exceed ten percent of the total warehouse floor area.

1.

Up to one hundred percent of the total warehouse floor area may be devoted to retail sales activities during an occasional warehouse sale.

2.

No more than four occasional warehouse sales may be permitted in any twelve-month period and each occasional warehouse sale must be limited in duration to no more than three consecutive calendar days.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010)

Where permitted in a district, public or governmental buildings and uses, public, private or parochial schools, libraries, churches and philanthropic institutions shall be allowed to operate a collection facility subject to the standards in Section 20.10.520. When a special permit is required for heavy governmental uses in or abutting residentially zoned property, a screening wall shall be required at any lot line abutting residentially zoned property.

(Ord. 16761 § 1 (part), 2007: Ord. 16653 § 2 (part), 2007)

A.

Occupancy: Seven or more disabled persons.

B.

An on-site resident staff person must be present at all times, whenever any residents of the facility are present.

C.

The establishment shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

D.

Districts Permitted: when located at least 1,000 feet from all other licensed disabled group dwellings and licensed group residential facilities, by special permit in the following districts: R-1, R-2, R-3, R-4 and R-5, RMH, and in special purpose districts R-F; and by right in the following districts A-1, A-2, A-3, A-4, A-0 A-3/0, A-M; C-1, C-2, C-3, C-4, C-5; by Detailed Site Plan in the following special purpose districts PMD, S-D, P-R I, P-R II, and SRR; by Master Zoning Plan in special purpose district R-MU. The spacing component of these use regulations is based, not on the disabled status of the residents, but on the non-family status of the groups.

E.

Exception to the Distance Requirements: The owner and applicant may request an exception to the distance requirement from city council. Chapter 20.04 Administrative Provisions, Article VI Changes and Amendments shall be followed to request this exception. The application fee for the public hearing shall be waived. A determination must be made by city council that the enforcement of the distance prohibition in the particular instance:

1.

Is not in the best interest of the public;

2.

Constitutes waste or the inefficient use of land or other resources;

3.

Creates an undue hardship on an applicant;

4.

Does not serve its intended purpose;

5.

Is not effective or necessary; or

6.

After consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

F.

In accordance with the Federal Fair Housing Act, this use as defined does not extend to the following people:

1.

Persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent;

2.

Persons who claim to be disabled solely on the basis of having a criminal record;

3.

Persons who claim to be disabled solely on the basis of being registered as a sex offender;

4.

Persons who currently use illegal drugs;

5.

Persons who have been convicted of the manufacture or sale of illegal drugs; or

6.

Persons with or without disabilities who present a direct threat to the persons or property of others.

G.

Measurements of distance in this section will be taken from property line to property line.

H.

In the event a conflict arises regarding the distance requirement, the owner or operator of the group residential facility will have the burden of establishing "first in time" rights for purposes of complying with the distance requirement.

(Ord. No. 18241, § 3, 9-9-2014; Ord. No. 18589, § 2, 11-1-2016)

A.

A special permit for a halfway house shall be issued for a two year time period. Periodic review periods may be established as part of the special permit.

B.

The treatment of alcoholic, narcotic, or psychiatric problems is allowed under this use if expressly permitted by the special permit.

C.

A halfway house may not be permitted within one thousand (1,000) feet of another halfway house or a homeless shelter.

D.

Additionally, a halfway house may not be permitted within one thousand (1,000) feet of the following:

1.

A church;

2.

A public or private elementary or secondary school;

3.

A nursery school, kindergarten, child care center, day nursery or day care center;

4.

A university, college, vocational or business school;

5.

A boundary of any residential district;

6.

A public park; or

7.

The property line of a lot devoted to any residential use.

E.

A security plan must be submitted with an application for a special permit for a halfway house. The security plan must demonstrate compliance with the security requirements of state law. The director shall furnish a copy of security plans for halfway houses to appropriate city, county, state, and Federal (if applicable) agencies for their review and approval before the city plan commission and the city council consider the application. Provisions addressing security must be included in any ordinance granting a special permit for a halfway house. A compliance report must be submitted to the director every two years after the date of passage of an ordinance granting a special permit and with each application for renewal of a special permit for a halfway house.

F.

Measurements of distance under this paragraph are taken radially. "Radial" measurement means a measurement taken along the shortest distance between the nearest point of the building site of the halfway house and the nearest point of the property line of another use, or of a protected zoning district boundary.

G.

Within ninety (90) days of the passage of this ordinance the owner or operator of an existing halfway house must comply with the registration provisions of Section 20.22.070 and comply with the provisions of Chapter 20.22 Nonconforming Situations.

(Ord. No. 18218, § 3, 7-29-2014)

A.

Where permitted as an accessory use in a district, a home occupation shall meet the following requirements:

1.

Home occupations shall be secondary and incidental to the use of the premises as a dwelling, and may only be conducted by the owner or tenant of the residence, or a family member of the owner or tenant;

2.

A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or garage;

3.

Shall typically operate during the hours of seven a.m. to seven p.m. for outdoor activities and seven a.m. to ten p.m. for indoor activities; except that certain residential uses may be operated on a 24-hour basis;

4.

Instructional classes may be held outside of the main building, a maximum of six students shall be allowed in each session;

5.

Shall not conduct outdoor activities unless the activities are screened from the neighboring property by a solid fence of at least six feet in height;

6.

Home occupation uses shall minimize negative impacts on adjoining properties and the residential character of the lot and dwelling shall be maintained. A home occupation that requires a structural alteration of the dwelling to comply with the nonresidential construction code is prohibited, except for modifications to comply with accessibility requirements;

7.

No more than normal household vehicular traffic shall be generated by the home occupation;

8.

No home occupation shall generate delivery or pick-up by commercial vehicles more frequently than normal household traffic;

9.

No more than two persons who are not residents may be employed on the site at any one time per home occupation; provided, however, the number of employees permitted for child and adult care facilities may exceed two when required by license or state law;

10.

No more than twenty-five percent of the gross floor area of the dwelling shall be used in accommodation of the home occupation, except for licensed boarding home, child and adult personal care facilities;

11.

No equipment, materials, or merchandise associated with the home occupation shall be displayed or stored where visible from any street or public right-of-way;

12.

One sign, not exceeding one square foot in sign area and not internally illuminated shall be permitted for a home occupation. A sign permit shall not be required for a sign complying with this section;

13.

Only products made on the premises or incidental to the permitted home occupation may be sold on the premises.

B.

Uses permitted as home occupations that do not require a license include:

1.

Consultation office, to preclude physical treatment, of a physician, dentist, licensed massage therapist, or other similar licensed medical practitioner;

2.

Office of a lawyer, legal assistant, psychologist, psychiatrist, accountant, business management, professional member associations, bookkeeper, auditor, broker, tax consultant, financial consultant, travel agent, appraiser, architect, landscape architect, interior designer, draftsman, engineer, urban planner, builder, contractor, designer, desktop publisher, advertising professional, biologist, botanist, geologist, archeologist, paleontologist, secretarial and clerical services;

3.

Office of a private investigator, body guard, personal trainer, nutritionist, clown to include magician entertainment, disc jockey;

4.

Office of computer software and hardware consultant to include hardware repair, Web master, data processor, Internet entrepreneur;

5.

Office of plumber, electrician, landscape services, locksmith, carpet cleaner, HVAC contractor, painter, janitorial services;

6.

Shop of dressmaker, seamstress, tailor;

7.

Office of salesperson, sales representative, real estate agent, insurance agent, caterer, event planner;

8.

Studio of author, composer, artist, painter (fine art), sculptor, photographer;

9.

Studio of music or dance instructor, martial arts instructor, personal trainer, tutor;

10.

Shop for arts and crafts such as making of stained glass, ceramics, jewelry, lapidary work, rug weaving, floral work;

11.

Shop for making and repair of portable musical instruments, bicycle repair;

12.

Office of telemarketing service, shuttle service, limousine service;

13.

Occupations similar to those listed above.

14.

Reserved.

C.

Reserved.

D.

Application for a home occupation license shall be made pursuant to the requirements of Title 5 (Business taxes, licenses and regulations) of this Code.

E.

A home occupation shall not include the following uses:

1.

Physical or medical treatment of persons or animals, animal hospitals or animal breeding;

2.

Beauty shops or barber shops;

3.

Carpenter shops;

4.

Electrical shops;

5.

Massage establishments, other than those employing massage therapists licensed by the state;

6.

Plumber shops;

7.

Heating and air conditioning shops;

8.

Radio shops;

9.

Auto repairing or painting;

10.

Furniture repairing;

11.

Sign painting;

12.

Contractors yards;

13.

Scrap and salvage services;

14.

Restaurants;

15.

Cocktail lounges;

16.

Rental outlets;

17.

Equipment sales;

18.

Adult oriented businesses;

19.

Recycling centers;

20.

Drop-off recycling collection facilities;

21.

Businesses involving the repair of any type of internal combustion engine, including equipment repair services.

(Ord. 16653 § 2 (part), 2007; Ord. No. 17442, § 19, 10-26-2010; Ord. No. 17577, §§ 5—7, 7-7-2011; Ord. No. 18589, § 3, 11-1-2016)

A.

Special permits issued for a homeless shelter shall expire without any further action by the city council when: the use for which the permit was issued changes to another use; the facility ceases to operate for one hundred twenty days or more; or the occupancy changes.

B.

An application for this shelter shall include an operational plan of the homeless shelter. The operational plan shall provide a description of the intended use and sufficient details to adequately describe the intended operations of the center.

C.

The operational plan may include the following:

1.

An organizational tree including an estimated total number of professional staff and volunteers that will work at the shelter;

2.

The estimated number of beds to be provided;

3.

The estimated average population per month;

4.

A description of the services to be provided, such as job placement, drug and alcohol treatment, and other rehabilitative or training services;

5.

A description of the population expected to be served, for example women, women and children, single men, families, etc.;

6.

Expected length of stay per person;

7.

Any other information the applicant believes could be helpful to explain the operation and compatibility of the proposed shelter with the proposed location.

D.

A homeless shelter may not be permitted within one thousand (1,000) feet of another homeless shelter or halfway house.

E.

A homeless shelter may not be permitted within one thousand (1,000) feet of a school or daycare.

F.

Measurements of distance under this section are taken radially. "Radial" measurement means a measurement taken along the shortest distance between the nearest point of the building site of the halfway house and the nearest point of the building site of another use, or of a protected zoning district boundary.

G.

Within ninety (90) days of the passage of this ordinance the owner or operator of an existing homeless shelter must comply with the registration provisions of Section 20.22.070 and comply with the provisions of Chapter 20.22 Nonconforming Situations.

H.

Homeless shelters are subject to the provisions of the City's Nuisance Ordinance codified in Section 9.16. It is unlawful and constitutes a nuisance for any person in the city to carry on any trade, business or occupation injurious to the health of those who reside in the vicinity, or to suffer any substance which shall have that effect to remain on the premises in his possession.

(Ord. No. 18241, § 3, 9-9-2014)

A.

Purpose. The purpose of these regulations is to encourage infill development by simplifying procedures for plan approval, provide a more flexible approach to design and development of infill development, permit the conversion or adaptive reuse of buildings and properties, encourage planning and design flexibility and innovations, create a community environment that is enhanced by a mix of residential, commercial, recreational, open space, employment and institutional uses, and assure community compatibility and an efficient use of land and public services. Additionally, the regulations herein serve to supplement the city's tax base by addressing the issue of urban blight and providing relief mechanisms for developing historically underutilized and vacant parcels within the city's urban core which is in keeping with the city's adopted goals and policies.

B.

Location Criteria. An infill development may be located on any parcel of land which meets at least one of the following criteria:

1.

Any parcel of land designated within a historic district and developed in compliance with Section 20.20.080.

2.

Any parcel of land within the downtown plan area.

3.

Any parcel of land annexed prior to 1955.

4.

Parcels of land within or that share a common property line to an existing subdivision platted for no less than twenty-five years.

5.

Any brownfield or greyfield development.

6.

Parcels of land within areas identified by the city's comprehensive plan as G-2 traditional neighborhood and G-7 industrial and/or railyards.

7.

Redevelopment of sites previously or currently occupied by civic buildings, public spaces or educational facilities as defined in Section 20.10.145.

C.

Design. Applications for infill development shall be designed in a manner that is consistent and compatible to the massing and character of the surrounding properties and the general design policies and guidelines included in the adopted comprehensive plan. Consistency of massing and character shall be determined as shown on the site plan with typical elevations and proposed construction materials, that the proposed construction is compatible with the overall design features and building development of the neighborhood within which the proposed infill development is located. Design features include, but shall not be limited to, building height, architectural style, building materials, landscape and setbacks. Additionally, applications for infill development must meet all of the following mandatory design requirements and no less than three of the selective design guidelines:

1.

Mandatory Design Requirements: Applications for infill development shall comply with all of the following requirements.

i.

Where on-site surface parking is proposed, it shall be located at the rear of the property and when possible accessed via alleyway; or at the side of the property and screened in accordance with Section 21.50.070(F)(5). On-site surface parking shall not be located in the front yard.

1.

The zoning administrator may grant an exception to this requirement when the following site conditions exist:

a.

Exceptional topographical conditions exist that result in an access driveway with a percent grade greater than fourteen percent.

b.

Existing development that shares a common property line at the rear of the property.

c.

Lots with less than fifty feet of street frontage.

d.

Alley right-of-way is unimproved or unpaved.

e.

Redevelopment of single family residential parcels in which parking in the rear would not be consistent with existing development along the block face.

2.

When on-street parking directly abutting the property is not present, the applicant may request the installation of on-street parking. The application fee may be subject to reimbursement.

3.

Applicants shall have the opportunity to appeal the zoning administrator's decision in the event of a denial any such determination by the zoning administrator in accordance with Section 2.16.040.

ii.

Buildings shall be placed on the parcel such that the principal orientation is toward the main street and the principal entrance is from the sidewalk.

1.

For purposes of this section, main street shall be defined as the street of higher classification within the city's adopted thoroughfare plan. In cases where adjacent streets are of the same classification the zoning administrator shall determine the main street based on the orientation of adjacent buildings along the same block face.

iii.

For proposals abutting existing residential development the front building setback shall not deviate from the average front setback of lots within the same block as the proposed development by more than fifteen percent.

2.

Selective Design Guidelines: Applications for infill development shall comply with no less than three of the following requirements.

i.

Any new structure with a ground floor commercial use shall demonstrate that building facades facing public rights-of-way have a majority (fifty percent or more) transparent surface on the ground floor. Transparent surface elements include, but are not limited to, doors and non-opaque windows.

ii.

The percentage of gross floor area divided by the total lot area for infill development projects shall be no less than eighty percent.

iii.

The project shall propose a mix of land use categories as classified in Section 20.08.030 (e.g., residential and commercial).

iv.

The project shall propose commercial activity within or directly abutting an adjacent street sidewalk. Examples of qualifying commercial activity include, but are not limited to, the placement of outdoor seating and tables or other sidewalk furniture, and stands for the sale of goods and services.

v.

The total width of the primary structure shall be greater than or equal to 80 percent of the total lot width along the main street. For the purposes of this calculation, any necessary vehicular access driveway shall be subtracted from the total lot width.

vi.

The project shall demonstrate compliance with one of the architectural styles defined in the Community Design Manual of Plan El Paso.

vii.

The height of any proposed infill development shall be equal to at least half the width of the widest abutting street.

viii.

The project includes low impact storm water management including, but not limited to depressed landscaped areas, bioswales, vegetated roofs, pervious pavements, capture and reuse systems.

ix.

One of the following is demonstrated:

1.

The project is certified by the United States Green Building Council LEED-BD+C, LEED HOMES, LEED-ND certification system or any equivalent, nationally recognized alternative; or

2.

The architect or engineer of record is LEED accredited; or

3.

The project qualifies for and participates in the City of El Paso Green Building Grant Program.

x.

For projects in residential districts the applicant shall demonstrate that the parcel has been vacant or underdeveloped for no less than fifteen years. For purposes of this guideline only, underdeveloped shall be defined as parcels which do not meet the maximum density permitted in the base zoning district.

xi.

For projects in residential districts the applicant shall demonstrate that a private frontage as describe in Chapter 21.80, Table 7a through 7e is proposed.

D.

Setback Provisions. The side, front and rear setback requirements of the base zoning district for the property on which the infill development is proposed may be reduced up to one hundred percent by city council.

E.

Parking.

1.

The minimum parking requirements enumerated in Chapter 20.14 (Off-Street Parking and Loading Requirements) shall be automatically reduced by fifty percent for any use within a designated infill development where on-street parking is available, or, after coordination with the streets and maintenance department, is agreed to be installed at the applicant's own cost. If on-street parking is not available along the block face of the proposed development, proof of parking mitigation in the form of a parking reduction impact study indicating that a reduction in the off-street parking requirement will not create a safety hazard or other condition inconsistent with the objectives of Chapter 20.14, or shared parking agreement shall be required for any requests for parking reduction.

2.

The minimum parking requirements enumerated in Chapter 20.14 (Off-Street Parking and Loading Requirements) may be reduced up to one hundred percent for any use within a designated infill development upon submission of a parking reduction impact study indicating that a reduction in the off-street parking requirement greater than fifty percent will not create a safety hazard or other condition inconsistent with the objectives of Chapter 20.14.

3.

Where on-street parking directly abutting the property is not available, the applicant may request the installation of on-street parking. The application fee may be subject to reimbursement.

F.

Building Height. The maximum building height permitted in the base zoning district may be increased to meet a maximum building height-to- street width ratio of 1:1 for parcels abutting collector and arterial streets.

G.

Landscaping. All applications shall comply with Chapter 18.46. Some applications may be eligible for a reduction in the required landscaping in accordance with Chapter 18.46.090(A)(3).

H.

Density. The maximum number of dwelling units per gross acre permitted in the base zoning district may be increased up to fifty percent for an infill development, or as approved by city council.

I.

Lots. There shall be no minimum area requirement for lots within an infill development unless otherwise provided in the ordinance designating the infill development overlay.

J.

Use Regulations. Unless the ordinance designating the infill development overlay provides otherwise, a proposed infill development may be approved for any use permitted in the base zoning district in which it is located. However, the ordinance designating an infill development overlay may provide a list of principal uses, accessory uses and prohibited uses pursuant to a specific area plan adopted by the city council.

K.

Exclusions. The provision of this section shall not be utilized to legalize any existing development which does not conform to the dimensional standards of the underlying zoning district. Additionally, the following development shall be excluded from the provisions of this section:

1.

Any greenfield development.

2.

Additions to existing structures on lots restricted to single family residential use which do not increase the density.

3.

Structures that encroach into required setbacks built without permits.

(Ord. No. 18688, § 2, 5-30-2017)

Editor's note— Ord. No. 18688, § 2, adopted May 30, 2017, amended Section 20.10.280 in its entirety to read as herein set out. Former Section 20.10.280, pertained to similar subject matter, and derived from Ord. No. 16653 § 2(part), 2007.

Permitted as an accessory use and not as a business, in all districts, when in compliance with Title 7 of this Code.

(Ord. 16653 § 2 (part), 2007)

Editor's note— Ord. No. 019734, § 3, 5-28-2025, repealed § 20.10.100, which pertained to laundromats and derived from Ord. 16653 § 2 (part), adopted 2007.

Liquefied petroleum gas, storage and dispensing as a commercial operation. Special permits for such may be issued only upon recommendation of the fire chief and are subject to revocation at any time upon recommendation of the fire chief or upon finding by the city council that the operation is no longer in the public interest.

(Ord. 16653 § 2 (part), 2007)

Where permitted in a zoning district, live-work flex units encourage design solutions for compatible mixed uses and are subject to the following restrictions and provisions:

A.

Restricted Category.

1.

A live-work flex unit under this category shall be permitted within the apartment, commercial, manufacturing and special purpose zoning districts enumerated in the Table of Permissible Uses, Chapter 20.08 (Permissible Uses) of this title.

2.

This category permits a mix of single-family residential and office usage and is only for artisans or professionals with no more than one employee and two customers at any time.

3.

Building requirements are the same as for single-family residential uses, commercial signage is disallowed, and no separation is required within the flex unit. It is a wide-open unit, where the workplace and living area are fully integrated, and generally built on their own lots or stacked as in a loft building. These units do not permit walk-in trade of retail or food service.

4.

Off-street parking shall satisfy the requirements for a single-family residential unit pursuant to Chapter 20.14 (Off-Street Parking and Loading Requirements).

5.

The area of the office usage shall be limited to no more than five hundred square feet of gross floor area of the flex unit.

B.

Open Category.

1.

A live-work flex unit under this category shall only be permitted within the commercial, manufacturing and special purpose districts enumerated in the Table of Permissible Uses, Appendix A of this title.

2.

This category allows a single-family residential unit with any permitted office or commercial use allowed in the base-zoning district.

3.

There is no minimum or maximum gross floor area requirement.

4.

Building, off-street parking and signage requirements shall satisfy commercial standards for the entire area of the flex unit.

5.

There is no limitation on the number of employees or customers at any time at the live-work flex unit.

(Ord. 16653 § 2 (part), 2007)

A.

Any otherwise permitted use for which the loading requirements of Chapter 20.14 are to be satisfied by loading spaces on property which is located within two hundred fifty feet of the property requiring the loading spaces.

B.

Loading spaces serving another property which are located partially or totally within two hundred fifty feet of the property requiring the loading spaces.

(Ord. 16653 § 2 (part), 2007)

A.

Each manufactured home space shall have a minimum area of at least three thousand square feet, with a minimum width of thirty feet and minimum depth of ninety feet.

B.

Minimum distance between structures:

1.

The minimum distance between manufactured home structures, including a garage or carport, shall be ten feet;

2.

The minimum distance between manufactured home structures, including a garage or carport, and manufactured home park community buildings shall be ten feet;

3.

The minimum distance between a structure and interior access roads shall be ten feet.

C.

Open space consisting of at least fifty percent of the lot area of an interior lot or forty percent of the lot area for a corner lot shall be provided.

D.

A minimum of five percent of the gross site area of the park shall be devoted to recreational facilities and located in a central location. Community buildings and community use facilities, including adult recreation and child play areas, swimming pools, may be included in computing the area of recreational facilities. However, vehicle-parking areas shall not be used in such computation.

E.

Screening. There shall be a screening wall complying with Chapter 20.16 at the perimeter of the manufactured home park. This wall shall be six feet in height at the rear property line and any interior side property lines, and forty-two inches in height at the front property line and any side property lines abutting a side street, except for necessary ingress and egress and except within twenty feet of an intersection, where the maximum height is thirty-six inches.

F.

There shall be a minimum of two hundred cubic feet of storage space per manufactured home unit located either in community accessory buildings accessible to all manufactured home park units or in individual accessory buildings at each manufactured home stand.

G.

Accessory buildings may be attached to the manufactured home or if separate shall be not less than five feet away from the manufactured home. All additions to manufactured homes shall be engineered and built to comply with currently applicable manufactured home construction standards and must be of such design that the structural components could be disassembled upon removal of the manufactured home unit.

H.

One off-street parking space for each manufactured home unit and one off-street parking space for guest parking for each three manufactured home units shall be provided within the manufactured home park in accordance with the standards provided in Chapter 20.14 (Off-Street Parking and Loading).

I.

The height limit for any structure intended for occupancy in the manufactured home park shall be thirty-five feet.

J.

Internal streets and all traffic control devices and street name signs within a manufactured home park shall be privately owned, built, and maintained. Internal streets shall be designed for safe and convenient access to all spaces and to common facilities.

1.

Internal streets shall be kept open and free of obstruction to allow emergency vehicles to have access to all spaces and to common facilities;

2.

Internal streets in a manufactured home park shall be constructed and maintained to city standards. They shall be kept free of cracks, holes, and other hazards;

3.

An internal street roadway shall have a minimum width of thirty-five feet;

4.

All internal streets shall be named and all manufactured homes shall be numbered to conform to block numbers on adjacent public streets. Street name signs shall be of a color and size contrasting with those used for public streets. Street name signs and address numbers shall comply with city code requirements;

5.

Each internal street shall be provided with street lighting.

K.

Tenant Responsibilities. Each park tenant shall maintain the tenant's manufactured home and lot in compliance with the following:

1.

The manufactured home shall be properly placed on its stand and anchored in a manner approved by the city and state. All utilities shall be properly installed in accordance with the instructions of the park's owner or operator, and in accordance with the city code. The building official has the right to refuse to issue permits to connect a manufactured home up to utilities until the tenant or owner or operator of the park shows proof that the manufactured home has been anchored in accordance with city and state regulations;

2.

A noncombustible skirting shall be installed around the manufactured home. Such skirting may include any vents, screens, and/or openings necessary for utility and mechanical system hookups;

3.

The skirting, and any porches, stairways, awnings and other additions shall be constructed and installed per city code requirements, and maintained in good repair. All requirements of the building code pertaining to single-family dwellings for like structures or additions shall be applicable;

4.

The space beneath a mobile shall not be used for storage of flammable or combustible items;

5.

A person commits an offense if the person is a park tenant and knowingly fails to maintain the person's manufactured home and lot in compliance with this section;

6.

A person commits an offense if the person owns or operates a park and knowingly allows a violation of this section by a tenant.

L.

Utilities. All utilities shall be installed in compliance with applicable code requirements.

M.

Recreational Vehicles in Parks.

1.

A maximum of five percent of the gross area of a park may be dedicated to overnight or short-term use (no longer than fourteen consecutive days) by recreational vehicles.

2.

Such portion of the park shall be clearly delineated and shall comply with all requirements of Title 20 for recreational vehicle parks except the requirement for a minimum number of spaces.

3.

A person commits an offense if the person owns or operates a park knowingly allows a violation of this section by another person.

(Ord. 16653 § 2 (part), 2007)

A.

Light manufacturing uses similar to those listed in Chapter 20.08 (Permissible Uses) which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat, glare or electrical impulse than that which is generally associated with these uses, may also be permitted in the zoning district, subject to a determination by the zoning administrator in accordance with the provisions of Section 20.08.040.

B.

The administrator may require an engineering report describing the nature of a process or use and probable impact at property lines.

(Ord. 16653 § 2 (part), 2007)

A.

Special Development (S-D).

1.

Design Requirements—Open Space and Recreation Area. The amount and arrangement of open space and recreation area should be in accord with standards of the comprehensive plan and the purposes of the design of the development, including preservation of natural landscape, active recreation, passive recreation, and improvement of view as may be appropriate to a particular case. Both private and common use open space are to be encouraged. Open space proposed for common or general public access shall be so designated on the development permit and subdivision plat. Satisfactory provision for the maintenance of common open space shall be provided in accordance with the procedure in Chapter 20.04.

2.

Design Requirements—Reservation of Environment. In all S-D development, the elements of natural environment including existing vegetation, arroyos, flood-prone areas, mountains, steep slopes and other features shall be considered in planning the design and layout of buildings, location of streets and preservation of open spaces, in order to further the preservation of the natural environment.

3.

The provisions of Chapter 20.20 (Historic Designations) where applicable, shall continue to apply in addition to the provisions of this section.

4.

Perimeter Treatment. The perimeter of the planned development shall be designed to ensure compatibility with adjacent existing or proposed development, if known, by provision of compatible uses and structures, setbacks, masonry walls, landscaping or other treatment.

5.

Height Regulations. No building shall exceed three stories or forty-five feet in height, except as follows:

a.

As provided in Chapter 20.12;

b.

Where the development would consist of twenty-five acres or more; or

c.

Where, after city plan commission recommendation, city council approves an exception to these height restrictions under the following conditions:

i.

The authorized height is compatible with the uses, appearance and environment of adjacent areas,

ii.

The applicant submits a traffic study describing traffic volumes and impact of proposed development on adjacent streets,

iii.

The council finds that the proposed development mitigates those traffic impacts and provides for an acceptable level of service,

iv.

The site is located on an arterial street (collector, minor or major) that is served by a regularly scheduled mass transit line, and

v.

Any other condition reasonably necessary to protect the health, safety and welfare of the general public.

6.

Review Standards for Establishment of S-D District.

a.

The city plan commission and the city council shall review the conformity of the proposed development or redevelopment with the comprehensive plan. The commission and the city council shall study the relationship between uses of high intensity permitted in the S-D district and uses of low intensity, existing or future, outside the proposed S-D district to ascertain compatibility, but shall not reduce the amount of such uses below the maximum established by the section unless such uses create immediate land use conflicts along project boundary lines.

b.

Where the development is for single-family detached dwellings that meet all minimum requirements set forth in Chapter 20.12 (Density and Dimensional Standards) a detailed site development plan shall not be required.

c.

Where the development is for single-family detached dwellings but does not meet the requirements set forth in Chapter 20.12 (Density and Dimensional Standards); or where the development proposes permitted uses other than single-family detached dwellings, a detailed site development plan shall be submitted in accordance with Chapter 20.04. Additional reasonable conditions may be recommended by the city plan commission and approved by the city council in order to protect the public health, safety and welfare.

B.

Union Plaza (U-P).

1.

Applicability. The provisions of this section will apply to all parcels of land within the "U-P" Union Plaza District.

2.

Development Standards.

a.

For mixed-use developments over 1 story in height, where residential and other uses are combined in a single building, residential uses may not occupy the ground floor, except where they comply with the design standards in the "2023 Union Plaza Architectural and Design Guidelines." In other multifamily dwelling buildings, not including commercial uses, residential uses may occupy the ground floor.

b.

Off-Street Parking. Off-street parking requirements of Chapter 20.14 shall not apply to properties in the district. Additionally, surface parking lots shall be prohibited in the district.

c.

Drive-thru facilities are prohibited in the district.

d.

In the district, height limits of buildings or structures within a seven-hundred-foot radius of any part of the facade of the Union Depot shall not exceed forty feet.

3.

Plans and Permits Required. Prior to the issuance of any building or related permits for any new construction or renovation of the exterior of existing building(s), drawings and applications shall be reviewed for approval by the city manager or designee, to ensure that the proposed construction complies with the architectural and design guidelines described in this section. Application shall be reviewed within ten business days upon receipt of a complete application. The city manager or designee may request assistance of other departments to review drawings and applications.

4.

Architectural and Design Guidelines. The purpose of these guidelines is to protect the district from unsightly construction that would ultimately diminish the appeal of the district. All applications for redevelopment of existing buildings or structures or new construction must comply with the Union Plaza Architectural and Design Guidelines. Copies of the Union Plaza Architectural and Design Guidelines are on file in the planning and inspections department.

5.

Application Requirements. In addition to those items required for the application for a building permit, a detailed site development plan is required prior to development within the district. The process for application and approval shall be in accordance with Title 20, Article III - Detailed Site Development Plan Approval Process. The requirement for a detailed site development plan shall only apply to new construction or additions to existing structures.

C.

Planned Residential (PR-1 and PR-2).

1.

Open Space and Recreation Area. The amount and arrangement of open space and recreation area should be in accord with the comprehensive plan and the purposes of the design of the development, including preservation of natural landscape, active recreation, passive recreation, and improvement of view as may be appropriate to a particular case. Both private and common use open space are to be encouraged. Open space proposed for common or general public access shall be so designated on the detailed site development plan and subdivision plat. Satisfactory provision shall be made for the maintenance of common open space in accordance with the procedure in Chapter 20.04.

2.

Preservation of the Environment. In all P-R developments, the elements of natural environment, including existing vegetation, arroyos, flood-prone areas, mountains, steep slopes and other features, shall be considered in planning and design and layout of buildings, location of streets and preservation of open spaces, in order to further the preservation of the natural environment.

3.

Perimeter Treatment.

a.

The perimeter of the planned development shall be designed to insure compatibility with adjacent existing or potential development by provision of compatible uses and structures; masonry walls; and landscaping or other treatment.

b.

A minimum setback of ten feet plus two additional feet of separation for each story above two shall be maintained between any structure and the outside boundary line of the planned residential development.

4.

Review Standards for Establishment of P-R District.

a.

The city plan commission and the city council shall review the conformity of the proposed development or redevelopment with the comprehensive plan. The commission and the city council shall study the relationship between uses of high intensity permitted in the P-R district and uses of low intensity, existing or future, outside the proposed P-R district to ascertain compatibility, but shall not reduce the amount of such uses below the maximum established by this section unless such uses create immediate land use conflicts along project boundary lines.

b.

Where the development is for single-family detached dwellings that meet all minimum requirements set forth in Chapter 20.12 (Density and Dimensional Standards) a detailed site development plan shall not be required.

c.

Where the development is for single-family detached dwellings but does not meet the requirements set forth in Chapter 20.12 (Density and Dimensional Standards); or where the development proposes permitted uses other than single-family detached dwellings, a detailed site development shall be submitted in accordance with Chapter 20.04. Additional reasonable conditions may be recommended by the city plan commission and approved by the city council in order to protect the public health, safety and welfare.

D.

Planned Commercial (P-C).

1.

Ownership Control.

a.

The land in a P-C district shall be developed as a unified whole. All owners shall be included as joint applicants and all approvals shall bind all owners.

b.

A building or land shall be used only in accordance with an approved detailed site development plan conforming with Chapter 20.04 and only for the uses permitted in Chapter 20.08, provided that the district shall be planned and developed as a unit, subject to the additional requirements and provisions of this section.

2.

General Procedures—Plans Required.

a.

Establishment of a P-C planned commercial district shall follow the procedures for changes and amendments of Chapter 20.04, including notice and hearings, recommendations by the city plan commission and action by the city council. A detailed site development plan complying with the requirements of Chapter 20.04 shall be required.

b.

If the project is to be accomplished as a series of development units, a detailed site development plan of a proposed unit shall be submitted with a general concept plan and a schedule of phasing provided.

c.

The proposed development shall follow all applicable procedures, standards, and requirements of this chapter and other regulations governing the subdivision of land. Where a plat is required, no building permit shall be issued until a final plat of the proposed development, or part thereof, is approved by the city plan commission, filed and recorded.

3.

Supplemental Height and Bulk Standards.

a.

When a community or regional shopping center is a part of a planned development of one hundred fifty acres or more, or where there are unique features of topography, access, and location with respect to existing and future development to justify such action, the city plan commission may recommend and the city council may approve height limits for community and regional shopping centers in excess of those specified in Chapter 20.12.

b.

The floor area ratio for a neighborhood shopping center or area shall not exceed 0.30. A maximum floor area ratio may be specified for community and regional shopping centers or general commercial areas as a condition of development permit approval.

4.

Compatibility with Nearby Properties. The development shall be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed and undeveloped, particularly in larger centers or where tall buildings are to be located in the vicinity of buildings of low height, and to this end may employ such design techniques as may be appropriate to a particular site, including location of building, orientation, spacing and setback of buildings, location of access points, size and location of signs, open spaces and parking areas, grading, landscaping and screening.

5.

Access. The principal means of access shall be from arterial or collector streets. For a major shopping center, principal access shall be from at least one major arterial street. In no case shall the principal means of access be from a minor residential street. Access points shall be designed to minimize traffic hazard and congestion and shall be approved by the city engineer.

6.

Internal Circulation. The design for internal circulation shall be appropriately related to access points and provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, improvement of visibility, convenience of pickup areas, traffic signs and speed controls.

7.

Paved Areas. Service drives or other areas shall be provided for off-street loading and in such a way that in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any fire lane or other public or private drive or street used for traffic circulation. The drives, parking areas, loading areas, and walks shall be paved with hard, all-weather surface material meeting applicable specifications of Chapter 20.14.

8.

Refuse. Refuse containers or refuse storage areas shall be hidden from general public view, either from within or outside the center, by means of fences, walls, or landscape planting.

9.

Findings Required of City Plan Commission. Before recommending approval of a P-C planned commercial district, the plan commission shall make specific findings as follows:

a.

That the location and design of the commercial areas are appropriate and are in compliance with the requirements and purpose of the P-C district, and specifically that there is adequate provision for traffic to and from the center, without undue congestion, on existing streets or on streets schedules to be completed by the time the center is to be opened;

b.

That a proposed construction timing schedule has been approved by the commission and is recommended for adoption by the city council;

c.

Specific conditions, if any, which should be imposed, including recommendations to insure construction of improvements.

10.

Abandonment After Final Approval.

a.

In the event that the detailed site development plan is approve by the city council and thereafter the applicant or his successor abandons said plan, or in the event the applicant or his successor fails to commence the development of a specific unit within four years after final approval has been granted, then such approval of the detailed site plan shall terminate and be deemed null and void unless such time period is extended by the city council upon recommendation by the city plan commission upon written application by the applicant or his successor.

b.

Once terminated, a new detailed site development plan must be approved following the procedures of Chapter 20.04, including public hearing, prior to issuance of a building permit or permits for the project.

E.

Planned Industrial (P-I).

1.

Compatibility with Nearby Properties. The industrial development shall be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed and undeveloped, and to this end may employ such design techniques as may be appropriate to a particular case, including location of permitted elements, orientation, spacing and setback of buildings, maintenance of natural vegetation, location of access points, size and location of signs, open spaces and parking areas, grading, landscaping and services.

2.

Enclosed Buildings. All uses shall be conducted within a completely enclosed building of permanent and durable construction, with no open storage of raw, in process, or finished material and supplies or waste material. Finished or semi-finished products manufactured on the premises may be stored in the open if screened from the street or other abutting property by a solid masonry wall not less than six feet or more than eight feet in height. This screening must be located behind any required landscaping. Screening may be waived by the city council where it is found the screening will not service the purpose of blocking the view from a street or from a more restrictive zoning district.

3.

Parking. Adequate parking space shall be provided off the street for all employees and visitors to the building, if necessary, in excess of the minimum requirements of Chapter 20.14. No parking shall be permitted in the required front yard or within ten feet of the boundary of any residential district and no storage of materials, equipment, or products shall be permitted in any part of a required front yard.

4.

Loading.

a.

Off-street loading space for individual uses shall be provided in accord with the provisions of Chapter 20.14. Loading operations shall be conducted within a building or screened from general public view from a front street where possible, but may be conducted at the side or rear of buildings whether or not facing a street.

b.

Where an industrial tract abuts railroad property containing a spur track on the rear or side property line, railroad loading docks or the building itself may extend to the property line for the purpose of receiving service from the railroad spur tracks.

5.

Paved Areas. Service drives or other areas shall be provided for off-street loading and in such a way that in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any fire lane or other public or private drive or street used for traffic circulation. The drives, parking areas, loading areas, and walks shall be paved with hard, all-weather surface material meeting applicable specifications of Chapter 20.14.

F.

Special Residential Revitalization (SRR).

1.

This district 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.

2.

District Boundaries. This district is created to maintain a compatible mix of residential and neighborhood commercial uses within the area known as South El Paso. For purposes of this section, South El Paso is defined as the area south of Paisano Drive, and lying between Santa Fe Street and Cotton Street. No applications for SRR zoning may be requested outside of South El Paso.

3.

Off-street parking requirements found in Chapter 20.14 shall not apply in this district; loading spaces, however, shall be required to comply.

G.

Residential, General and Industrial Mixed Use Districts (RMU, GMU and IMU). Uses permitted in a mixed-use development are as approved by city council through a master zoning plan. A mixed-use development may be authorized to encourage use schemes such as but not limited to, residential, entertainment, medical, and employment centers. The following principles and requirements shall apply to a mixed-use development and shall serve as the basis for approval of a master zoning plan.

1.

General Design Principles. These design principles shall serve as guidelines only, and compliance with any guideline within a mixed-use development shall be determined on a case by case basis as part of the master zoning plan and mixed use development plan approval. It is not intended that every mixed-use development conform to all or any set number of the enumerated design guidelines.

a.

Development Perspective.

i.

That the natural infrastructure and visual character of the development area be retained as derived from existing topography, riparian corridors and other environmentally sensitive areas.

ii.

That the development strategy utilized encourages infill and redevelopment in parity with new and existing neighborhoods.

iii.

That proposed development contiguous to urban areas be organized as town centers and neighborhoods, and be integrated with the existing urban pattern.

iv.

That proposed development noncontiguous to urban areas be organized in the pattern of an isolated community consisting of a complete town center serving the neighborhood(s).

v.

That a mixture of housing types and densities be distributed throughout the mixed-use development.

vi.

That transportation corridors be planned and reserved in coordination with land use patterns.

vii.

That natural or man-made green corridors and open space areas be used to define and connect neighborhoods to other facilities within the development, and that these areas allow for connectivity outside of the development where feasible.

viii.

That the development include a framework of transit, pedestrian and bicycle systems that provide alternatives to the automobile.

ix.

That neighborhoods with town centers be the preferred pattern of development and that developments specializing in single use be discouraged.

x.

That neighborhoods be compact, pedestrian-friendly, and mixed use.

xi.

That ordinary activity of daily living occurs within walking distance of most dwellings.

xii.

That interconnected networks of streets be designed to disperse and reduce the length of vehicle trips.

xiii.

That within neighborhoods, a range of housing types and price levels be provided to accommodate people of diverse ages and incomes.

xiv.

That appropriate building densities and land use be provided within walking distance of transit stops.

xv.

That civic, institutional and commercial activity be embedded, and not isolated, in the development.

xvi.

That a range of open space including parks, squares, and playgrounds be distributed within the development.

xvii.

That a development have sufficient size to accommodate the mixed-use concentration of uses.

b.

Building Perspective.

i.

That buildings and landscaping contribute to the physical definition of streets as civic places.

ii.

That the design of streets and buildings reinforce safe environments.

iii.

That architecture and landscape design grow from local climate, topography, history and building practice.

iv.

That public gathering spaces be provided in locations that reinforce community identity.

v.

That the preservation and renewal of historic buildings be facilitated.

vi.

That principal buildings and facades, where possible, be located parallel to the frontage line to encourage a community-friendly environment.

2.

General Design Elements. A mixed-use development is characterized by any combination of the design elements described below. These design elements shall serve as guidelines only, and compliance with any design element within a mixed-use development shall be determined on a case-by-case basis as part of the master zoning plan and mixed-use development plan approval. It is not intended that every mixed-use development conform to all or any set number of the enumerated design elements.

a.

Neighborhoods limited in size and oriented toward pedestrian activity.

b.

A variety of housing types, jobs, shopping, services, and public facilities.

c.

Residences, shops, workplaces, and other buildings interwoven within the neighborhood, all within close proximity.

d.

A network of interconnecting streets and blocks that maintain respect for the natural landscape.

e.

Natural features and undisturbed areas that are incorporated into the open space of the neighborhood.

f.

A coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit and automotive vehicles.

g.

Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, or parks dedicated to the collective social activity, recreation, and visual enjoyment of the neighborhood.

h.

Buildings, spaces, and other features that act as landmarks, symbols, and focal points for community identity.

i.

Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a livable and harmonious environment.

j.

Classification of uses deploying a range from rural-to-urban to arrange in useful order the typical context groupings of natural and urban areas to ensure compatibility of land uses.

3.

Architectural Objectives. As part of the review of the mixed-use development plan the architectural design shall achieve the following objectives:

a.

Architectural compatibility;

b.

Human scale design;

c.

Integration of uses;

d.

Encouragement of pedestrian activity;

e.

Buildings that relate to and are oriented toward the street and surrounding buildings;

f.

Residential scale buildings in any mixed residential area;

g.

Buildings that contain special architectural features to signify entrances to the mixed-use development; and

h.

Buildings that focus activity on a neighborhood open space, square or plaza.

4.

Roadway Design. The roadway designs, whether public or private, used within a mixed-use development may vary depending on the proposed function of the roadway, the anticipated land uses, and the anticipated traffic load. A variety of designs to lend character to the neighborhood are encouraged. The requirements of Title 19 (Subdivisions) of this Code shall apply in all instances.

5.

Parking. The off-street parking requirements in Chapter 20.14 (Off-Street Parking and Loading Requirements) of this title shall apply for purposes of calculating required spaces.

Community-parking facilities or shared parking shall be encouraged in lieu of traditional off-street parking design. This concept would permit the collocation of required parking for individual uses in order to promote pedestrian activity within the neighborhood. In instances where shared parking is proposed, a shared parking study shall be reviewed by the city along with any traffic engineering and planning data that are appropriate to the establishment of parking requirements for the uses proposed. A shared parking study shall include, but not be limited to, estimates of parking requirements based on recommendations in studies such as those from the Urban Land Institute, the Institute of Traffic Engineers, or the Traffic Institute, and based on data collected from uses or combinations of uses that are the same or comparable to the proposed uses. The shared parking analysis shall be based on the mixture of uses and corresponding peak demand for all uses. The study shall document the source of data used to develop recommendations.

6.

Setbacks. Properties within a mixed-use development shall be allowed zero setbacks for all uses, unless otherwise required by the city council as part of the review of the master zoning plan.

7.

Landscaping. Uses within a mixed-use development shall not be required to conform to the landscaping requirements of Title 18 (Building and Construction) of the El Paso City Code. Landscaping, streetscape, and other green areas proposed within the mixed-use development shall be shown and considered as part of the master zoning plan and mixed-use development plan approval process.

(Ord. 16915 § 4, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 20, 10-26-2010; Ord. No. 17801, § 4, 6-5-2012, eff. 6-11-2012; Ord. No. 19244, § 14, 10-12-2021; Ord. No. 019578, § 4, 12-12-2023)

A.

Mobile service activities may be conducted only on approved parking surfaces, in zoning districts where the defined use is permitted.

B.

An operator permit shall be required for each company providing mobile services. The permit shall be for a period of one year and the fee shall be as established by city council. A renewal application must be filed with the permit official thirty days prior to the expiration of the current permit. All operator permit applications meeting code requirements shall be approved within fifteen days of receipt.

C.

The permit application shall include submittal of specifications of the mobile unit and a written authorization form signed by the property owner for each proposed location.

D.

No part of the mobile service unit shall be located nearer than seventy-five feet from a residentially-zoned district.

E.

The mobile service unit shall not operate in a manner which:

1.

Obstructs on-site circulation, visibility or convenient ingress and egress;

2.

Subjects the occupants of adjacent buildings to unacceptable noise levels; or

3.

Deposits on the parking lot surface any toxic, hazardous and/or nonbiodegradable materials of any type.

F.

All fluids collected from any vehicle must be disposed of in compliance with federal, state and local laws.

G.

All equipment utilized by the mobile unit shall be mounted on, carried or transported by a self-powered vehicle.

H.

No mobile service activities shall be conducted on city streets or rights-of-way.

I.

In addition to other penalties imposed by the city code, any violation of the ordinance codified in this section or other applicable laws, codes or regulations shall subject the holder to suspension or revocation of their permit.

J.

Sales and service shall only be permitted on private parking lots, occupied by a single owner. Sales to the general public and sales other than to fleets of vehicles are expressly prohibited.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 3, 11-10-2009; Ord. No. 17442, § 21, 10-26-2010)

A.

Purpose. The purpose of these regulations is to promote the following city objectives within mountain development areas:

1.

To protect significant natural features of the mountain development area and preserve the city's unique visual setting as part of the comprehensive plan;

2.

To provide an alternative approach to conventional flat land development by allowing transfer of residential densities through clustering of dwellings in order to preserve larger areas of open space;

3.

To minimize scarring and disturbances of the natural character of the mountain development area through control of grading and cut/fill operations as defined in the grading ordinance;

4.

To control water runoff and soil erosion;

5.

To provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within the mountain development area;

6.

To encourage sound engineering practices related to mountain development.

B.

Minimum District Area. The minimum area for a mountain development district where common or public open space is to be provided shall be one acre. Extensions to the original district, from a common boundary, may be considered in increments of less than one acre, provided, however, that all other requirements are observed.

C.

Ownership Control. Where required, the common open space shall be owned by an incorporated or unincorporated association to assure that it will be permanently maintained in its natural state. Open space may be made public if dedicated or transferred in trust to the city and the city council accepts such dedication or transfer without affecting any other provision of this title.

D.

Density Permitted. The maximum dwelling units per gross acre shall be calculated based on the percentage average slope of the property as follows:

E.

Open Space Required. To retain the significant natural features of the mountain development area, common, public or private open space, or a combination thereof, shall be provided as part of a proposed development. The minimum amount of open space to be provided shall be based on the percent average slope of the property as shown below. The required open space within a mountain development district shall be shown on the subdivision plat and detailed site plan.

F.

Architectural Design Standards. Building and construction materials within a mountain development district shall meet the following architectural design standards:

1.

Mirrored surfaces or any treatments that change ordinary glass into a mirrored surface shall be prohibited;

2.

Bright untarnished copper or other metallic surfaces shall be treated to reduce reflections;

3.

Materials used for exterior surfaces of all structures shall blend in color, hue, and tone with the surrounding natural desert setting to avoid high contrast;

4.

Development design and construction techniques shall blend scale, form and visual character into the natural landform, and shall minimize exposed scars;

5.

Exterior lighting shall be low scale and directed downward, recessed, or shielded so that the light source is not visible from the adjacent developments;

6.

Reflective building materials shall be prohibited;

7.

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.)

G.

Property Development Standards. The following property development standards shall apply to all land, buildings and structures within a mountain development district:

1.

Subdivision Plat. Buildings and structures in a mountain development district shall be erected only on land where a plat or replat approved by the city plan commission, has been filed of record, and indicates compliance with the provisions of this section. Each attached or detached single-family dwelling must be platted on an individual lot prior to issuance of occupancy permits;

2.

Site Plan. A detailed site development plan complying with all of the requirements of Chapter 20.04 (Administrative Review Procedures) shall be required for all property within a mountain development district, except where a development is for single-family detached dwellings meeting the minimum yard requirements of Chapter 20.12 (Density and Dimensional Regulations) and where common or public open space is provided to satisfy the open space requirements of this section. If a development is to be undertaken in a series of phases, a development schedule indicating the proposed phasing shall accompany the required detailed site plan;

3.

Common or Public Open Space. Where required, the total amount and distribution of common or public open space shall be shown on the detailed site development plan and subdivision plat and shall be expressed as the percent of the site which will remain in its natural state. Satisfactory provisions for assuring continued retention of the common or public open space shall be provided;

4.

Percent Slope. The percent slope of a proposed mountain development used to determine the common open space shall be shown on the required detailed site development plan and subdivision plat;

5.

Perimeter Treatment. The perimeter treatment of the proposed mountain development shall be designed to insure compatibility with adjacent existing or potential development by provision of compatible land uses and structures. A minimum setback of ten feet of separation for each story or fraction thereof shall be maintained between any structure and the outside boundary of the proposed mountain development.

H.

Private Streets. Where authorized by the city plan commission in approving a subdivision plat, streets may be privately owned.

I.

Preservation of the Environment. In all mountain developments, existing vegetation, animal life, arroyos, floodprone areas, steep slopes, and other natural features shall be considered in the planning, design and layout of buildings, service areas and location of streets in the allocation of open spaces reserve the natural environment.

J.

Right-of-Way and Pavement Widths. The right-of-way and pavement widths for internal ways, streets and alleys within and adjacent to the proposed mountain development shall be:

1.

Determined from the standards contained in the city's current subdivision regulations and any applicable ordinance governing streets;

2.

In conformity with the estimated needs of the entire mountain development and the traffic to be generated thereby;

3.

Adequate and sufficient in size, location and design to accommodate the maximum traffic, parking, loading needs and the access for firefighting equipment vehicles while preventing undue scarring and grading.

K.

Off-Street Parking and Loading. The minimum requirements for off-street parking and loading shall be satisfied as set forth in Chapter 20.14 (Off-Street Parking and Loading Regulations).

L.

Utilities and Public Services. Every mountain development shall be adequately served by essential utilities and public services such as water, sanitary sewer, storm drainage, police, fire and other similar services.

M.

Property Grading Standards. Grading in a mountain development shall be in accordance with Chapter 18.44 (Grading) of this Code.

(Ord. 16905 § 1, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 19244, § 15, 10-12-2021)

Editor's note— Ord. No. 019734, § 3, 5-28-2025, repealed § 20.10.380, which pertained to multifamily dwellings and derived from Ord. 16653 § 2 (part), adopted 2007.

A.

Purpose. The purpose of these regulations is to promote the following city objectives within the mountain, hillside, arroyo, bosque, and desert flatland areas, as well as other natural open space areas:

1.

To protect and promote ecologically sensitive areas in conformance with the goals and policies of the city's comprehensive plan and open space master plan;

2.

To minimize scarring and disturbance of the natural environment, plant and wildlife habitat and visual character of the mountain, hillside, arroyo, bosque, and desert flatland areas through prohibition of development;

3.

To control water runoff and soil erosion and to assure continuation of the existing natural drainage system;

4.

To preserve land that, if disturbed, may be susceptible to flooding and soil erosion due to steep slopes and runoff;

5.

To provide a safe means of ingress and egress for non-motorized traffic to and within the mountain, hillside, arroyo, bosque, and desert flatland areas;

6.

To create a separate district that may be used as a buffer from military land and other land uses;

7.

To assure the permanent use of such areas for their primary natural function, as well as for enjoyment by the general public.

B.

Property development standards. The following land uses and property development standards shall apply to land zoned as NOS.

1.

Before land owned by the city and managed and controlled by the public service board is rezoned to NOS, the city and the public service board shall enter into a joint use agreement specifying the duties and responsibilities for the maintenance of the open space and the management of the passive recreational uses permitted within the area rezoned to NOS.

2.

Refer to Section 20.08 for uses permitted within the NOS zoning district. The uses specified below shall have additional restrictions:

a.

Stormwater retention ponds are permitted but shall be restricted to public facilities only and shall be built in compliance with best practices in low impact design. Additionally, the following standards shall apply:

i.

Grading shall not result in excessive erosion or degrade natural drainage paths or create irreparable scarring and shall be limited to the minimum possible disturbance of terrain and natural land features that are necessary to construct the drainage infrastructure.

ii.

Upon completion of the drainage infrastructure, the area surrounding the infrastructure shall be revegetated through the replanting of appropriate native, non-invasive, adaptive and drought tolerant vegetation.

iii.

Road access, work areas and grading for such access shall be constructed in compliance with best practices in low impact design.

b.

Campgrounds shall be restricted as follows:

i.

Permitted camping units shall be restricted to tents only;

ii.

Access to campsites shall be limited to walking, hiking or other non-motorized means, except that such campgrounds may contain service roads for maintenance of campground facilities.

3.

Walls. Refer to Chapter 20.16 (Screening and Fencing) for applicable standards pertaining to walls and fencing.

4.

Parking. Off-street parking surfaces shall be constructed of pervious surfaces that may include dirt or gravel. Parking shall be provided in accordance with the approved generalized or detailed site development plan.

5.

Site plan. At a minimum, approval of a generalized site plan shall be required for all proposed uses permitted in an NOS district; refer to Section 20.08 for additional site plan requirements by use. In addition to compliance with applicable requirements of this Title, the site plan shall include the following:

a.

General features or concept of the proposed use;

b.

Location of all impervious surfaces, structures, utilities and associated parking, as well as all areas that will be disturbed by the construction of a permitted use;

c.

All areas that shall remain in their natural state;

d.

For applications requiring the submittal of a detailed site development plan, only areas being improved shall require illustration of stormwater drainage elements.

6.

Signs.

a.

On-premises signs shall be permitted; these signs shall comply with all regulations and permitting procedures as codified in Section 20.18 (Signs).

b.

Wayfinding signs including, but not limited to, trailhead kiosks, interpretive signs and trail markers may be permitted after review and approval by the city manager or designee.

7.

Wildlife sanctuary. For purposes of this section, wildlife sanctuaries shall include areas designated as such by local, state or federal documentation. If governmental documentation cannot be produced with an environmentally sensitive designation that meets the following criteria, then the city manager or designee may evaluate the property and determine if it meets one or more of the following characteristics. If the city manager or designee determines it is not an environmentally sensitive area as defined herein a special permit application may not be processed.

a.

Areas with significant natural features;

b.

Areas which enhance the open space and aesthetic qualities of the land;

c.

Areas that protect agricultural resources;

d.

Areas necessary for the preservation of natural resources;

e.

Areas containing habitats for breeding, wintering, migratory, threatened, or endangered species;

f.

Wetlands and wetland transition areas;

g.

Aquifer recharge and discharge areas;

h.

Archaeological sites;

i.

Waters of the state, which includes arroyos; or

j.

Other areas or features that have been designated for protection due to ecological integrity, balance or character.

8.

Landscape treatments.

a.

Permitted uses within this district shall not be required to conform to the landscaping requirements of Title 18 (Building and Construction) of the El Paso City Code. Landscaping, streetscape, and other green areas proposed within the development shall be shown and considered as part of the site plan approval process.

b.

Impervious surfaces, structures, utilities and associated parking constructed as shown on the approved generalized site plan or other site plan, as required by Section 20.08, shall be exempt from re-vegetation requirements.

C.

Incentives.

1.

Applications under this section shall be expedited as follows:

a.

Processing for NOS development plans not requiring city council approval: thirty days;

b.

Processing for an NOS rezoning application, detailed site development plan or other application that requires city council approval: approximately sixty days (minimum) for final approval.

2.

The city shall waive application fees for rezoning, detailed site development plans, and any major or minor amendment applications.

(Ord. No. 17306, § 4, 4-6-2010; Ord. No. 17442, § 22, 10-26-2010; Ord. No. 17490, 1-25-2011; Ord. No. 18531, § 5, 6-28-2016)

Editor's note— Ord. No. 019734, § 3, 5-28-2025, repealed § 20.10.390, which pertained to neighborhood commercial uses (SRR district) and derived from Ord. 16653 § 2 (part), adopted 2007.

A.

Purpose. The purpose of a neighborhood conservancy overlay (NCO) is to regulate the construction, reconstruction, renovation and alteration of buildings and other structures in designated places and areas of historic, cultural, or architectural importance and significance within the city. These designated places and areas have a distinctive atmosphere or character and should be conserved through regulations that protect and enhance their significant attributes. The designation has the effect of modifying the existing development standards of the district by requiring owners of property to comply with additional reasonable design standards as part of building construction within a neighborhood. The design standards are intended to promote the conservation of the neighborhood attributes and thereby contributing to the stability or stabilization of the neighborhood. All properties within an NCO will carry the suffix "NCO," indicating that such property is subject to the design standards of both the designated zoning district and the NCO. An NCO designation shall not prohibit the use of a property that is otherwise permitted by the existing zoning.

B.

Designation.

1.

An application for an NCO designation may be initiated either by a property owner or group of property owners, or by the city plan commission, or by the El Paso City Council. No NCO shall be designated and approved by the El Paso City Council if owners of more than fifty-one percent of the total land area within a neighborhood described in the application object in writing to the designation. Signatures of the property owners evidencing their dissent must be submitted prior to approval by the El Paso City Council of an ordinance designating an NCO.

2.

The area described in the application shall include at least one block face. For purposes of this section, a block face shall be defined as a parcel of land entirely surrounded by public highways, streets, or alleys.

C.

Application. An application for an NCO designation shall be subject to the requirements and procedures of Chapter 20.04, and shall also be accompanied with all of the following:

1.

A list of all neighborhood associations and/or other organizations representing the interests of the property owners in the area described in the application;

2.

A written justification which supports the requested NCO designation. The justification must contain a detailed statement of why such a designation would be in the best interest of the city as a whole, and a description of the attributes of the area which merit conservation.

D.

Study area plan formulation and adoption. Prior to application for an NCO, the city shall have adopted a specific study area plan, as required by "The Plan for El Paso," for property within a neighborhood wholly or partially to be designated for mixed-use. The study area plan shall, at a minimum, include a written and graphic description of the concerns, policy objectives, guidelines and design standards for regulating the development of the area. The city development department shall, upon authorization and prioritization by the El Paso City Council, assist area residents and other interested parties to prepare a study area plan, and when completed shall be on file in the department. Any NCO designation approved by the city shall incorporate the study area plan by express reference.

E.

City review committee.

1.

A city review committee (CRC) shall be created to oversee the functions within each area designated an NCO. The CRC shall have the power and authority to review and authorize the release of building permits for any new construction, reconstruction or renovation of the exterior of existing buildings or structures within a designated NCO. The building official shall forward all applicable building permit applications to the CRC.

2.

Members of the CRC shall consist of the planning official, the building official and the historic preservation officer (or their respective designees). The planning official shall act as secretary of the committee. For quorum purposes, presence of all members of the CRC shall be required to convene a meeting and vote on any permit. Meetings shall be scheduled, with notice duly posted according to the Texas Open Meetings Law, by the secretary as necessary to review and act on permit applications. Written notice of any permit application received and pending action before the CRC shall be given, as a minimum, to any area neighborhood associations and to the immediate abutting property owners within the NCO area. The notice shall state the date and time of the scheduled meeting before the CRC.

3.

The secretary shall make and maintain a detailed record of all proceedings and procedures of the CRC, setting forth the reasons for each decision, the vote of each member participating therein, and any failure of a member to vote. Action taken at a CRC meeting shall require the affirmative vote of a majority of the members present at the meeting. The CRC shall, in every case, reach a decision without unreasonable delay.

4.

All decisions of the CRC shall be reasonable under the circumstances and shall not be arbitrary or capricious. If the CRC has not disapproved an application for a building permit within twenty days after it has been properly submitted then such application shall be deemed to have been approved without further action of the CRC. All decisions shall be in writing and shall be served on the applicant by the United States Mail, postage prepaid, return receipt requested, and shall be deemed given when deposited in the United States Mail.

F.

Contents of application, scope of review, waivers, and fees.

1.

Prior to the issuance of any building permits for any new construction, reconstruction or renovation of the exterior of existing buildings on property (or any portion thereof) with an NCO designation, drawings and applications shall be reviewed by the CRC to determine if the proposed new construction, reconstruction or renovation complies with the design standards of the specific study area plan.

2.

The CRC shall establish and publish a detailed list of the documents and information that must be submitted by an applicant together with the application for a building permit, copies of which shall be maintained as directed by the city manager or designee. All applications for building permits on property with an NCO designation shall comply with the required design standards for the applicable study area plan. Approval of a permit shall indicate that the proposed construction complies with the requirements of this section and the design standards of the specific study area plan. The CRC may request assistance of other city departments to review drawings and applications. In the event that the design standards of the applicable study area plan are more restrictive or impose higher (or different) standards than the requirements of this title, the design standards of the applicable study area plan shall govern.

3.

The standard fee for an application which requires review by the city review committee (CRC) shall be as established in the annual budget resolution approved by city council.

G.

Appeals of CRC Actions. Decisions of the CRC on any building permit application may be appealed to the city plan commission within fifteen calendar days after the decision is rendered by the CRC. The applicant, or an owner of a building or structure located within the designated NCO, and aggrieved by the decision of the CRC may file an appeal. The appeal shall be filed in writing with the secretary and shall be accompanied by the fee approved by city council in the annual budget resolution and a reasonably detailed statement of which design standard is not met in the application for a building permit with sufficient evidence to warrant the appeal. Evidence may include, but is not limited to:

1.

A demonstration that the intent of a design standard has been misconstrued or incorrectly interpreted;

2.

Relevant evidence was not considered by the CRC in making its decision;

3.

The alternate design is at least equivalent of that prescribed in terms of quality, effectiveness and aesthetics;

4.

Written notice of any appeal filed shall be given, as a minimum, to any area neighborhood associations and to the immediate abutting property owners within the NCO area. The notice shall state the date and time of the scheduled meeting before the city plan commission;

5.

In exercising its powers, the city plan commission may reverse or affirm, in whole or in part, or may modify the requirement, decision or determination appealed from a decision of the CRC. The city plan commission shall be authorized to impose any necessary conditions or safeguards to ensure that the purpose and intent of these regulations is satisfied. The grant of an appeal to a requirement pursuant to this section shall not be construed as a waiver of any other requirement of this section. Modifications concerning use shall never be permitted under any circumstances. Any decision of the city plan commission on an appeal as provided in this section shall be final;

6.

An application for appeal shall be on forms prescribed by the planning division, and shall be accompanied by a fee set by resolution or ordinance of the El Paso City Council to help defray the cost of publication and general expenses in connection with the appeal. All decisions shall be in writing and shall be served on the applicant by the United States Mail, postage prepaid, return receipt requested, and shall be deemed given when deposited in the United States Mail.

H.

Plan Review Not Required. For purposes of this section, review and authorization to release building permit applications for the new construction, reconstruction, or renovation of the exterior of buildings within an approved NCO shall not be required for ordinary minor nonstructural repair work having a value of two thousand dollars or less.

(Ord. 16761 § 1 (part), 2007; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 23, 10-26-2010; Ord. No. 17801, § 5, 6-5-2012, eff. 6-11-2012; Ord. No. 19085, §§ 1, 2, 8-18-2020)

A.

Purpose.

1.

The purpose of an Environmental and Wildlife Research Conservancy Overlay (EWRCO) is to conserve, protect, manage, restore, or enhance areas that have a distinctive environmental, cultural, natural or wildlife character or attributes through the application of regulatory standards that protect and enhance those specified character and attributes. The designation has the effect of modifying the existing land use and development standards of the base zoning district of the land within the overlay by requiring owners of property to comply with additional reasonable land use and design standards. The adopted land use and development standards are intended to contribute towards the stability or stabilization of the property while allowing compatible research, educational and recreational activity within the property.

2.

Development standards such as height, setbacks, and allowed land uses shall be specified by the study area plan of the managing entity adopting the EWRCO overlay. All properties within an EWRCO will carry the suffix "EWRCO," indicating that such property is subject to the land use and design standards of the EWRCO. Any land uses specified under the underlying base zoning districts will not be allowed unless specified in the ordinance adopting the overlay.

B.

Designation.

1.

An application for an EWRCO designation may be initiated either by a property owner or group of property owners. No EWRCO shall be designated and approved by the El Paso City Council unless all property owners of the total land area proposed for the overlay agree to the designation.

C.

Application. An application for an EWRCO designation shall be subject to the requirements and procedures of Chapter 20.04, and shall also be accompanied with all of the following:

1.

A list of all the property owners in the area described in the application;

2.

A written justification which supports the requested EWRCO designation. The justification must contain a detailed statement of why such a designation would be in the best interest of the city as a whole, and a description of the attributes of the area which merit conservation.

D.

Study area plan formulation and adoption. Prior to approval for an EWRCO, the city shall have adopted a specific study area plan, as required by "The Plan for El Paso," for property within the proposed EWRCO. The study area plan shall, at a minimum, include a written and graphic description of the concerns, policy objectives, guidelines and design standards for regulating the development of the area. The planning and economic development department may, upon authorization of the city manager, assist the property owners and other interested parties to prepare a study area plan, and when completed shall be on file in the department. Any EWRCO designation approved by the city shall incorporate the study area plan by express reference.

E.

Contents of application, scope of review, waivers.

1.

Prior to the issuance of any building permits for any new construction, reconstruction or renovation of the exterior of existing buildings on property (or any portion thereof) with an EWRCO designation, drawings and applications shall be reviewed by the planning division to determine if the proposed new construction, reconstruction or renovation complies with the design standards of the specific study area plan.

2.

All applications for building permits on property with an EWRCO designation shall comply with the required design standards for the applicable study area plan. Approval of a permit shall indicate that the proposed construction complies with the requirements of this section and the design standards of the specific study area plan.

(Ord. No. 17776, § 2, 5-1-2012)

A.

Any otherwise permitted use for which the off-street parking requirements of Chapter 20.14 are to be satisfied by off-street parking spaces on property which is located on a separate site from the property requiring the off-street parking spaces, and for which the following can be demonstrated:

1.

The parking area is compatible with the general development of the neighborhood and does not adversely affect the use of adjacent properties;

2.

The parking area is so arranged as to permit sufficient space for parking spaces and turning maneuvers, as well as adequate ingress and egress to the site;

3.

Lighting shall comply with Chapter 18.18 (Dark Sky Ordinance) of this Code;

4.

The parking area is located in such a manner from the site generating the parking requirement to assure that such parking facility will adequately serve the use;

5.

Access to be provided to the parking area shall not be through private property that is not zoned to permit the use generating the off-street parking;

6.

Adequate provisions shall be made to assure that the parking area is reasonably identifiable as to the patronage it serves, the location, points of access, hours of operation and other appropriate matters made as a condition of the special permit approval;

7.

The parking spaces required to be provided for the use shall be restricted to that use;

8.

Any off-street parking spaces to be provided on the site generating the off-street parking requirement shall be used to accommodate required handicapped accessible spaces and patron parking;

9.

The parking area shall be owned or leased by the same property owner who operates the use generating the off-street parking requirement, and any leasehold interest in the parking area shall be validly held for the duration of the use.

B.

Off-street parking spaces serving another property which are located partially or totally on a separate site from the property requiring the off-street parking spaces.

(Ord. 16653 § 2 (part), 2007)

Where permitted in a zoning district, an office warehouse shall be subject to the following:

A.

The facility shall include a combined use of either an office or office showroom and a warehouse for the distribution of products;

B.

The office showroom component shall mean that portion of this use that provides area for the regular transaction of business and for the display of open merchandise in a finished building setting;

C.

An office component of this use must comprise at least ten percent of the total floor area of the use, and an office showroom component of this use must comprise at least fifteen percent of the total floor area of the use;

D.

Retail sales of products which are sold at wholesale on the premises is permitted as a part of this use.

(Ord. 16653 § 2 (part), 2007)

A.

Compliance Required. Where permitted in a district, outdoor flea markets shall comply with the following:

1.

One vendor off-street parking space and one customer off-street parking space shall be provided per stall/space. Each off-street parking space shall meet the minimum requirements of Chapter 20.14 (Off-Street Parking and Loading Regulations) of this title;

2.

Site area to be paved with asphalt, cement or other dust-free surface;

3.

A six-foot high wall or fence, consisting of three-feet in masonry material and three-feet in wrought iron material, shall be required around the perimeter of that portion of the site being used for the operation and use of an outdoor flea market. A waiver of this requirement may be requested pursuant to the provisions of Chapter 20.04 (Administrative Procedures) of this title;

4.

Each vendor stall/space shall provide at least one covered garbage container, a minimum five-gallon garbage container shall be required for each food vendor;

5.

One sanitary portable facility shall be provided for every twenty-five vendor stalls/spaces, or portion thereof, or the number of fixed sanitary facilities required by the Plumbing Code for the city based on the site area;

6.

The operator shall be responsible for maintaining the site area to insure compliance with applicable portions of this Code;

7.

A ten-foot pedestrian walkway shall be provided between each row of vendor stalls/spaces;

8.

A twenty-foot fire accessway shall be provided within the site area where required by the fire chief;

9.

A minimum clear area of all sides (distance) of five feet shall be provided between a food vendor (utilizing cooking or heating facilities) stall/space and any other adjoining nonfood vendor stall/space, unless otherwise approved by the fire chief;

10.

Only natural gas or liquefied petroleum gas shall be allowed for food cooking units, unless otherwise approved by the fire chief, on a case by case inspection, other cooking appliances that meet code may be approved;

11.

A nonflammable shelter shall be required for all food cooking units;

12.

At least one 2A10BC fire extinguisher shall be required for all food cooking units;

13.

No parking or structures shall be allowed within the required setback, pedestrian walkways or fire accessway;

14.

Signage for the flea market activity shall be restricted to that allowed in the applicable zoning district;

15.

The noise levels of the flea market activity shall not exceed those specified in Chapter 9.40 of this Code. No outside amplification devices shall be permitted in conjunction with the flea market operation when the site is adjacent to any property that is used for residential purposes;

16.

The operator shall be responsible for maintaining the property and abutting sidewalks, parkways and street gutters from accumulations of waste, and shall be subject to all applicable health and safety provisions of this Code.

B.

Operator license. An operator license or the operation of an outdoor flea market shall be required and be subject to the requirements of Title 5 (Business taxes, licenses and regulations), of this Code. Application for a license shall be made pursuant to the requirements of Title 5.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 24, 10-26-2010)

Where permitted in a district, pasturage of horses, cattle, goats and sheep, including breeding, must additionally comply with Title 7 of this Code.

(Ord. 16653 § 2 (part), 2007)

Personal care facilities operated in a residential zoning district shall comply with the following:

1.

Be licensed in accordance with state and/or city regulations;

2.

Permitted signs shall be limited to a one square foot nameplate attached to and not projecting more than one inch beyond the face of the building. The nameplate shall contain only the name and occupation of the provider;

3.

The exterior of the building or grounds shall not be altered, decorated or painted in any way to distract from the residential character of the neighborhood;

4.

A minimum of one off-street parking space shall be provided for every two bedrooms or portion thereof, and for every two employees or portion thereof.

(Ord. 16817 § 6, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17577, § 8, 7-7-2011)

A.

All PWSF permitted in accordance with this chapter, may be constructed within the corporate limits of the city and shall be constructed and operated in accordance with industry standards and subject to the restrictions and limitations set forth in this chapter and in the adopted PWSF policy guide. The director of planning and inspections department, or other person designated by the city manager, is authorized to adopt and amend the PWSF policy guide to provide clarifications to requirements established under this title regarding the placement and construction of PWSFs. The policy guide shall control the interpretation of the provisions of this title regarding the placement and construction of PWSFs over any other interpretation. The director shall make the PWSF policy guide available to the public.

B.

Certification. All owners of PWSF currently in existence as of the date of the passage of the ordinance codified in this chapter shall certify in writing, no later than thirty days after the passage of the ordinance codified in this chapter, to the building official that the PWSF in existence are not a safety hazard to the public, and are in operable condition, as well as provide an address of the location of each PWSF and any other pertinent information, excluding proprietary information, required on the form prescribed by the development services department.

Thereafter, for all such PWSF and additionally for all new PWSF installed and constructed after the date of passage by the ordinance codified and permitted in accordance with this chapter, the owner shall certify in writing, annually no later than January 31, beginning in 2008, to the building official that the PWSF in existence are not a safety hazard to the public, and are in operable condition, as well as provide an address of the location of the PWSF, and any other pertinent information, excluding proprietary information, required on the form prescribed by the building official.

The person who constructed the PWSF, the person who operated the PWSF or the owner of record must notify the zoning administrator of any change in the information or status of the PWSF as stated in the certification within thirty days after such change.

C.

Removal. For any PWSF constructed after the date of this chapter, if the PWSF is not used to transmit, receive or relay voice and data signals to or from wireless communication devices for a period of six months, then the owner of record must notify the building official and apply for a permit to remove the structure. All PWSF towers and antennas shall be restored to service or removed by the person who constructed the facility, by the person who operated the facility or by the property owner within eighteen months from the time the PWSF ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices.

If the use of the PWSF has not been restored within an eighteen-month period from the time the PWSF have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the PWSF must be removed and the PWSF site restored to its original or better condition, at the property owner's expense.

For any PWSF in existence but not listed as operable on the certification form as of the date of the passage of the ordinance codified in this chapter, the owner shall have eighteen months from the date of certification in which the PWSF must be made operable. If the PWSF is not operable within eighteen months, then the owner of record must notify the building official and apply for a permit to remove the structure. All PWSF towers and antennas shall be removed by the person who constructed the facility, by the person who operated the facility or by the property owner within six months after the aforementioned time period expires. The PWSF site must be restored to its original or better condition, at the property owner's expense.

D.

Proposed PWSF Facility Site Location and Zoning District Location Hierarchy Preferences.

1.

The following list indicates the city's preferences for facility site locations, in descending order of preference. Subject to all other requirements of the El Paso City Code and provided the City Code allows for such location, applicants are not prohibited from applying for any type of facility site location listed below. If applicant is seeking a permit for a facility site location listed under Sections 20.10.455(D)(1)(a)(ii) to 20.10.455(D)(1)(e) below, then the applicant will submit with the application a due diligence analysis. At a minimum, the due diligence analysis must contain the following: a map showing all facility site locations considered within five hundred feet of the proposed location that are higher on the preference list and a narrative explaining why the other facility site locations higher on the preference list are not feasible. City staff shall accept a due diligence analysis for facility site locations if such complies with the requirements above. Applications submitted by an applicant must still comply with all other requirements under the El Paso City Code. The following is the list of facility site location preferences:

a.

Antennae co-location on existing camouflaged PWSF:

i.

Facility;

ii.

Roof;

iii.

Ground-mounted;

b.

Antennae co-location on existing PWSF:

i.

Facility;

ii.

Roof;

iii.

Ground-mounted;

c.

New facility-mounted PWSF, meeting applicable camouflaging and screening requirements;

d.

New roof-mounted PWSF, meeting applicable camouflaging and screening requirements;

e.

New ground-mounted PWSF, meeting applicable camouflaging and screening requirements.

2.

The following list indicates the city's preferences for zoning district locations, in descending order of preference. Subject to all other requirements of the El Paso City Code and provided the City Code allows for such location, applicants are not prohibited from applying to locate any facility in any zoning district location listed below. If applicant is seeking a permit to locate a facility on a zoning district listed under Sections 20.10.455(D)(2)(b) to 20.10.455(D)(2)(c) below, then the applicant will submit with the application a due diligence analysis. At a minimum, the due diligence analysis must contain the following: a map showing all zoning districts considered within five hundred feet of the proposed location that are higher on the preference list and a narrative explaining why the other zoning district locations higher on the preference list are not feasible. City staff shall accept a due diligence analysis for zoning district locations if such complies with the requirements above. Applications submitted by an applicant must still comply with all other requirements under the El Paso City Code. The following is the list of zoning district location preferences:

a.

Heavy commercial and manufacturing zoning districts.

b.

Light commercial and special purpose zoning districts.

c.

Residential and apartment zoning districts.

E.

PWSF located in the NOS zoning district is prohibited.

F.

All PWSF shall comply with the requirements under this subsection listed on the PWSF Table below. Meeting the special permit requirements under this subsection and PWSF Table is not a guarantee of approval of a special permit. All special permit applications must meet the requirements of Chapter 20.04 (Administrative Provisions), Article V (Special Permit Approval Process) of the El Paso City Code. The requirements for all PWSF are as listed in the following PWSF Table:

(Ord. 16826 § 1, 2008; Ord. 16653 § 2 (part), 2007; Ord. No. 17235, § 3, 11-10-2009; Ord. No. 17306, § 4, 4-6-2010; Ord. No. 17442, § 25, 10-26-2010; Ord. No. 19016, §§ 3—7(Exh. B), 1-7-2020; Ord. No. 19059, §§ 2, 3(Att. B), 5-12-2020)

Pet shops for retail sale of animals, including grooming services, must comply with Title 7 of this Code, and any workrooms and cages shall be maintained within a completely enclosed, soundproof building and that such shop be operated in a manner so as to produce no objectionable noise or odors.

(Ord. 16653 § 2 (part), 2007)

A.

A planned residential development shall occupy at least the minimum site area established in the district regulations. City council may approve a special permit for a planned residential development with general lot sizes and setbacks below the minimum of the underlying zoning district. The proposed development shall additionally meet the following requirements necessary to protect the public health, safety and general welfare of the community and in order to foster the attractiveness of a residential development and its surrounding neighborhoods:

1.

Evaluation Criteria.

a.

Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings. For purposes of this subsection, harmoniously shall not be deemed to require that the same architecture or same type of building materials be uniformly used.

b.

With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, width of interior drives and access points, relationship of vehicular and pedestrian traffic, and the arrangement of parking areas that are safe and convenient.

2.

General Requirements.

a.

Private streets and gates shall be permitted within a planned residential development and shall conform to the design standards enumerated in Title 19 (Subdivisions) of this Code.

b.

The minimum site area for a planned residential development shall be one acre, within which only residential uses of the base-zoning district shall be permitted. Extensions to a planned residential development from a common boundary shall be permitted in increments of less than one acre, provided that the owners of at least seventy-five percent of the land within the original planned residential development are in agreement and are included as joint applicants to the request for special permit.

c.

The minimum area requirement of the base-zoning district may be reduced by no more than twenty-five percent for lots within a planned residential development, provided, however, that the maximum density permitted by the base-zoning district shall apply in all cases except as otherwise approved by any applicable special permit granted pursuant to Chapter 20.04 (Administrative Provisions).

d.

The setback requirements of the base-zoning district shall not apply to a planned residential development, except as follows:

i.

The distance between buildings shall be a minimum of ten feet except as otherwise permitted in this title;

ii.

The length of the driveway shall not be less than twenty feet as measured from the face of the garage or carport to the dwelling side of the sidewalk, or to the property line where there is no sidewalk.

e.

The perimeter of the planned residential development shall be designed to insure compatibility with adjacent existing or potential development by provision of compatible uses and structures.

f.

No building shall exceed the height requirements of the base-zoning district.

g.

Consideration in the site plan review and evaluation process shall include the following:

i.

The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property;

ii.

The adequacy of utilities, access, drainage and other necessary supporting facilities that have been or will be provided;

iii.

The adequacy of the design, location and arrangement of driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

h.

A planned residential development shall be an architecturally integrated subdivision, whether unified by similar use and density, design, building materials, or open space and streetscape elements.

(Ord. 16653 § 2 (part), 2007)

Hatching, raising and marketing of poultry must comply with Title 7 of this Code, and are subject to the following requirements:

A.

In a Ranch-Farm District - no building pertaining to this use shall be closer than fifty feet from the nearest adjoining property line;

B.

In an R-1 (Residential) District - no building pertaining to this use shall be closer than one hundred feet from the nearest adjoining property line. A minimum lot size of forty thousand square feet shall be required.

(Ord. 16653 § 2 (part), 2007)

A.

Light Processing Facilities. Light processing facilities are limited to baling, briqueting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. Where permitted in a district, by special permit, light processing facilities shall comply with the following standards:

1.

Facility does not abut a bridge or overpass;

2.

Light processors will operate in an enclosed building except for incidental storage, or:

a.

Shall be located within an area enclosed on all sides by a screening fence or wall not less than six feet in height and landscaped on all street frontages, and

b.

Located at least one hundred fifty feet from the property lines of an existing residential use or existing R, A, PR, SRR, RMU, PMD or NOS zoning district;

3.

A light processing facility shall be no larger than forty-five thousand square feet and may not shred, compact or bale ferrous metals other than food and beverage containers;

4.

A light processing facility may accept used motor oil for recycling from the generator in accordance with federal, state and local regulations;

5.

Setbacks and landscaping requirements shall be as provided for in the zoning district in which the facility is located or required by the city at the time of approval of the special permit;

6.

Oil storage must be in containers approved by the Texas Water Commission. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

7.

Site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis and secured from unauthorized entry and removal of materials when attendants are not present;

8.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten customers or the peak load, whichever is higher;

9.

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated in Chapter 20.14 of this Code;

10.

Noise levels shall be in compliance with Chapter 9.40 of this Code;

11.

Any containers provided for after-hours donation of recyclable materials will be at least fifty feet from any property line of an existing residential use or existing R, A, PR, SRR, RMU, PMD or NOS zoning district, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

12.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

13.

Sign requirements shall be those provided for in the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

14.

No dust, fumes, smoke, vibration or odor may be detectable on neighboring properties.

B.

Heavy/Light Processing Facilities. Where permitted in an M-2 or M-3 district, heavy and light processing facilities shall comply with the following standards:

1.

Facility does not abut a bridge or overpass and shall be located at least one hundred fifty feet from the property lines of an existing residential use or existing R, A, PR, SRR, PMD or NOS zoning district;

2.

Shall be located within an enclosed building or enclosed on all sides by a screening fence or wall not less than six feet in height and landscaped on all street frontages;

3.

Noise levels shall be in compliance with Chapter 9.40 of this Code;

4.

Heavy processing facilities may accept used motor oil for recycling from the generator in accordance with federal, state and local regulations;

5.

Setbacks shall be those required for in the zoning district in which the facility is located;

6.

Oil storage must be in containers approved by the Texas Water Commission.

C.

Waste Processing Facilities. Where permitted by special permit in an M-1 district and where permitted in an M-2 or M-3 district, waste processing facilities shall comply with the following standards:

1.

Facility does not abut a bridge or overpass;

2.

No waste processing facility may be located within five hundred feet, measured from property line of the waste processing facility to property line of the following:

a.

A church;

b.

A public or private elementary or secondary school;

c.

A nursery school, kindergarten, child care center, day nursery or day care center;

d.

A university, college, vocational or business school;

e.

A boundary of any R, A, PR, SRR, PMD, RMU or NOS zoning district;

f.

A park;

g.

The property line of a lot devoted to any residential use;

3.

Facility shall be entirely operating in an enclosed building or:

a.

Within an area enclosed by a screening fence having a minimum height of six feet; and

b.

Landscaped on all street frontages; and

c.

At least one thousand feet from the property line of the waste processing facility to the property line of existing residential use or existing R, A, PR, SRR, PMD, RMU or NOS zoning district;

4.

Any exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition;

5.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

6.

Noise levels shall be in compliance with Chapter 9.40 of this Code.

(Ord. 16817 § 8, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010; Ord. No. 19019, § 4, 1-7-2020)

A.

This district is established in order to reasonably and uniformly limit, safeguard and control future mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, clay and aggregate, for commercial or retail sales in a manner and location which is in the public interest and which is consistent with the comprehensive plan and any supplemental land use and developmental policies which are adopted by the city plan commission and city council.

Includes accessory buildings, equipment, supplies and land which are used solely for the processing, storage, maintenance and sale of materials, operating and security personnel offices, and other uses associated with quarrying, landfill and transfer station operations, also the sale, within a building, of supplies or merchandise normally used or produced in direct connection with a permitted use, or supplies normally used in direct connection with operations and products derived from permitted uses, including, but not limited to, supplies such as cement, rebar, mesh, wooden forms and other concrete finish equipment.

B.

Application for a Q quarry district shall require submittal of the following with the rezoning application:

1.

A metes and bounds description of the proposed district certified by a professional engineer or a registered land surveyor;

2.

One copy of the zoning map at a scale of three hundred feet to the inch, outlining in red the area proposed for change of zoning;

3.

Eight copies of a site plan drawn to a scale of not less than one hundred feet to the inch, unless a modification as to scale is authorized by the planning official. This site plan shall show the following:

a.

The boundaries of the proposed district;

b.

The location, arrangement and use of all existing structures or properties, utility rights-of-way and easements, local and arterial streets, schools, parks and other such features for the proposed district;

c.

Existing contours at not more than twenty-foot intervals where the natural slope is greater than five percent, and not more than two-foot intervals where the natural slope is less than five percent;

d.

Proposed use(s);

e.

Areas of excavation;

f.

Proposed contours to which the district is to be excavated.

4.

Two copies of a master drainage plan showing the following:

a.

Impact on the water table;

b.

All watershed tributaries to the proposed district;

c.

Amount of storm runoff;

d.

Proposed method of controlling the expected runoff.

This drainage plan must be accompanied by hydraulic calculations based on the city's one hundred-year storm prediction and must be signed and sealed by a registered professional engineer.

5.

For the purpose of erosion control and soil stabilization, a plan showing the method of stabilization. The city engineer may waive this requirement if it is determined to be impossible or impractical.

C.

Responsibilities of the Owner and Operator. The landowner or his authorized agent will bear responsibility for:

1.

Obtaining, when required, the services of an engineer or architect authorized to practice in Texas;

2.

All of the legal duties, obligations or liabilities incidental to ownership of the property while the work is in progress or after its completion. The provisions of this chapter will not relieve any person or owner from any responsibility for damages to persons or property otherwise imposed by law, nor impose any liability upon the city or any official of the city for such damages;

3.

Installing the appropriate devices, structures, landscaping and facilities and executing soil stabilization, erosion control, handling of materials and other proper measures to fulfill the intent and purpose of this chapter;

4.

Providing continued maintenance and repair of all retaining walls, cribbing, drainage facilities, slopes, landscaping, soil stabilization and erosion control measures and any other protective devices located within the property;

5.

Obtaining clearance from all utilities within the boundaries of the district. Failure to clear with any such utility may result in an immediate suspension of the work at the discretion of the building official.

D.

Authority of the City Engineer and Building Official. The building official, under authority of this chapter, has the authority to impose any of the following requirements to protect the interest of the property owner, the adjacent property owner and the general public during or after the extraction operation as may be reasonably necessary to cause the work to fulfill the purpose of this chapter:

1.

Interim and permanent soil erosion control requirements;

2.

Slope stabilization requirements;

3.

Work procedures and safety requirements related to transportation of materials on public ways;

4.

Fencing or other screening as may be required to protect surrounding properties.

E.

Operating Standards.

1.

Any permitted quarry operation shall meet all applicable local, state and federal regulations.

2.

Any blasting shall be done in accordance with the requirements of this Code, except that no grading permit shall be required as a part of those requirements.

3.

A perimeter setback of one hundred feet shall be observed from any site property line for extraction operations and a perimeter setback of twenty-five feet shall be observed from any site property line for any accessory uses.

4.

If materials are washed or deposited upon streets, alleys or other public property as a result of improperly controlled activities, the building official shall notify the landowner or operator to remove such materials and restore the streets, alleys or other public property to their original condition. Excessive dirt which is carried from this site onto adjoining streets shall be removed by the operator the same day in which it is deposited.

5.

Where the building official finds that a quarry operation is creating an imminent danger of death, personal injury or property damage, he may order that such quarry operation be immediately suspended until the hazardous condition is removed. Notice given under this chapter shall be in writing to the owner, operator, person or agent in charge of such operation.

6.

A quarry operation as permitted in this chapter does not require a grading permit as specified in Chapter 18.44 of this Code;

7.

The city council may adopt by resolution a schedule of fees for inspection by city departments and staff called for by this chapter.

F.

Authority to Issue Citations.

1.

In addition to those authorized to issue citations under this title, the following public officials shall be authorized to enforce the provisions of this chapter and shall have the power to issue Class C misdemeanor citations to any persons violating the provisions of this chapter:

a.

The city engineer;

b.

The assistant city engineer;

c.

The subdivision and grading supervisor;

d.

The construction engineer;

e.

The assistant construction engineer;

f.

All construction inspectors; and

g.

The investigative engineer.

2.

The public officials designated in subsection (G)(1) of this section are authorized to make inspections of any property necessary to enforce the provisions of this chapter.

G.

Penalty. Any person violating this chapter is deemed guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars. In the case of a continuing violation, each day's violation shall be deemed a separate offense.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 26, 10-26-2010)

All recreational vehicle parks shall be constructed and maintained in accordance with all applicable provisions of the city code.

A.

All recreational vehicle parks and extensions and additions to recreational vehicle parks shall be constructed and maintained in compliance with the following requirements:

1.

A recreational vehicle park shall have a minimum of thirty recreational vehicle spaces;

2.

A recreational vehicle park shall not exceed a density of twenty-five lots per acre of gross site area;

3.

Each lot shall have a minimum of one thousand square feet;

4.

Recreational vehicles shall be separated from each other and from all other structures by at least ten feet. For the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle;

5.

No recreational vehicle shall be closer than twenty feet to the property line adjoining a public street, nor closer than fifteen feet to any property line on which the abutting property residential or apartment zoning;

6.

Each lot shall provide adequate support and drainage for the placement of the recreational vehicle;

7.

Exposed ground surfaces in all parts of a recreational vehicle park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and elimination of dust;

8.

The ground surface in all parts of a recreational vehicle park shall be graded and equipped to drain all surface water in a safe and efficient manner.

B.

Permanent Residential Structure Requirements.

1.

At each recreational vehicle park, no more than one existing residential structure may be retained or one new residential structure constructed or installed for occupancy by the owner or operator of the park.

2.

An existing structure located on a recreational vehicle park may be converted to an administrative, office or community building for use by the guests of the park. A structure so converted shall meet all city code standards for public occupancy applicable to the proposed use.

C.

Internal Street and Parking Requirements.

1.

Internal streets and/or driveways, all traffic control devices and street name signs within a recreational vehicle park shall be privately owned, built, and maintained. Internal streets and/or driveways shall be designed for safe and convenient access to all lots and to common facilities. If any portion of the recreational vehicle park is intended for overnight occupancy only, the internal streets and/or driveways should be arranged to accommodate drive-through lots.

2.

Internal streets shall be kept open and free of obstruction to allow emergency vehicles to have access to all areas of the recreational vehicle park.

3.

Internal streets and/or driveways shall be constructed and maintained to specifications established by city code. They shall be kept free of cracks, holes, and other hazards. Internal streets shall be designed by a professional engineer in accordance with good engineering practices, and shall be approved by the fire chief before a construction permit is issued for the park.

4.

Internal streets and/or driveways must meet requirements of the city code.

5.

Dead-end streets and/or driveway lengths shall comply with fire code requirements.

6.

Entrances and exits to a recreational vehicle park shall be designed for safe and convenient traffic movement from adjacent public streets onto internal streets or driveways. Entrances and exits from a recreational vehicle park shall not be through a residentially zoned district, nor require traffic movement to or from the park through a residentially zoned district.

7.

On all sections of an internal street where parking is prohibited under this section, the owner or operator of the recreational vehicle park shall erect and maintain traffic control signs and street markings prohibiting parking.

8.

Each internal street and/or driveway shall be provided with street lighting. Light standards shall have a height and spacing to ensure an average illumination level of not less than 0.2 foot candles.

D.

Recreational Vehicle Lot Requirements. Recreational vehicle park lots shall be occupied only by recreational vehicles.

E.

Utilities. Utilities shall be installed in compliance with all applicable code requirements.

F.

Service and Auxiliary Building Requirements. This section shall apply to all service buildings, recreation buildings, management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, commercial buildings supplying essential goods or services for park tenants, and other similar buildings in recreational vehicle parks.

1.

All service and auxiliary buildings shall be located to be convenient to the recreational vehicle lots they service and shall be kept clean.

2.

Each park shall contain one or more service buildings providing separate sanitary facilities for men and women.

3.

No lot space shall be located farther than five hundred feet from such a service building.

4.

The entrances to such buildings shall be clearly marked to show which gender the facilities serve.

5.

Fixtures shall be provided in accordance with the plumbing code.

6.

Each recreational vehicle park shall contain waste disposal stations for the sole purpose of removing and disposing of wastes from recreational vehicle holding tanks in a clean, efficient and convenient manner.

G.

Fire Code Safety Instruction Requirements.

1.

Each recreational vehicle park owner or operator shall ensure that its park staff is instructed in the use of park fire protection equipment and in their specific duties in the event of a fire.

2.

The fire chief may make printed safety instructions available to all recreational vehicle park owners or operators for distribution to their guests.

H.

Construction plan requirements. A construction plan shall be submitted for review and approval by the building official prior to issuance of a building permit that identifies the following:

1.

The area and dimensions of the tract of land, identifying its location and boundaries;

2.

The number, location, and size of all recreational vehicle lots;

3.

The location, width, and specifications of driveways, roadways and walkways;

4.

The location and details of lighting, public telephones, and electrical and gas systems;

5.

The location and specifications of water and sewer lines and sewer service riser pipes;

6.

The location and specifications of all buildings constructed or to be constructed within the park;

7.

Existing and proposed topography of the park;

8.

The location of fire mains including the size of the main, fire hydrants, and fire extinguishment equipment, and available fire flow; and

9.

Such other information as may be reasonably required by the building official in the review of the construction plan.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 27, 10-26-2010)

A.

Small Collection Facilities. Small collection facilities may be located in commercial, manufacturing and industrial zones provided they comply with the following standards:

1.

Shall be established as an accessory use to a permitted commercial, manufacturing or industrial use which is in compliance with the zoning, building and fire codes of the city;

2.

Shall be no larger than two thousand square feet and occupy no more than ten parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. For mobile facilities the size of the trailer shall not exceed five hundred square feet;

3.

Shall be set at least ten feet from any property line and not obstruct pedestrian or vehicular circulation. However, this setback requirement may be modified by the zoning administrator following a report by the traffic engineer that a reduced setback will not obstruct visibility or create a traffic safety problem;

4.

Shall accept those items defined as recyclable materials in Section 9.04.030 of this Code. Used oil may be accepted as permitted by and in accordance with Chapter 15.20, which must be recycled in compliance with state and federal law;

5.

Power-driven processing equipment shall be permitted, provided the equipment does not exceed the noise standards contained in Chapter 9.40 of this Code;

6.

Shall use containers that are constructed of durable material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected during collection hours;

7.

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

8.

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

9.

Attended facilities located within fifty feet of a property line of an existing residential use or existing R, A, PR, SRR, RMU, PMD or NOS zoning district shall operate only during the hours between nine a.m. and seven p.m.;

10.

Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property line abutting an existing residential use or an existing R, A, PR, SRR, RMU, PMD or NOS zoning district;

11.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

12.

Small collection facilities may have identification signs with a maximum of forty percent per side, in addition to informational signs and shall be restricted to on-premises advertising;

13.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a primary use. However, one space will be provided for the attendant;

14.

Mobile units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

15.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use; and

16.

Small collection facilities shall not be located in an area that obstructs the visibility of oncoming traffic exiting from adjacent driveways.

B.

Large Collection Facilities. Where permitted in a district, large collection facilities shall comply with the following standards:

1.

Facility does not abut a bridge or overpass or the property lines of an existing residential use or an existing R, A, PR, SRR, RMU, PMD or NOS zoning district;

2.

Facility will be screened from the public right-of-way by operating in an enclosed building or:

a.

Within an area enclosed by a screening fence having a minimum height of six feet,

b.

At least one hundred fifty feet from the property line of existing residential use or existing R, A, PR, SRR, RMU or PMD zoning district, and

c.

Meets all applicable noise standards required by city code;

3.

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located, or the setbacks and landscaping imposed by the city at the time of rezoning or special permit approval;

4.

All exterior storage of material shall be in study containers or enclosures which are covered, secured and maintained in good condition, or shall be baled or palletized. Oil storage must be in containers complying with state and federal regulations. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

5.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

6.

Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the traffic engineer determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

7.

One parking space will be provided for each commercial vehicle operated by the large recycling facility. Otherwise, parking requirements will be as provided for in Chapter 20.14 of this Code;

8.

Noise levels shall be in conformance with Chapter 9.40 of this Code;

9.

If the proposed facility is located within five hundred feet of existing residential use or existing R, A, PR, SRR, RMU, PMD or NOS zoning district, it shall not be in operation between seven p.m. and seven a.m.;

10.

Any containers provided for after-hours donation or recyclable materials will be at least fifty feet from any property line of an existing residential use or existing R, A, PR, SRR, RMU, PMD or NOS zoning district, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

11.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

12.

Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the traffic engineer, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

13.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment may be approved at the discretion of the director of the department of environmental services if noise and other conditions are met; and

14.

The owner/operator shall obtain a permit in compliance with all applicable regulations.

(Ord. 16817 §§ 7, 9, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010)

Dwellings for resident watchmen or property caretakers employed on the premises are permitted accessory uses, not to exceed one dwelling per site.

(Ord. 16653 § 2 (part), 2007)

The purpose of this district is to provide for needed, properly planned and well-designed manufactured home subdivisions in areas where public utilities are available and to establish basic standards for the character of the use and to mitigate any adverse effect on surrounding properties.

A.

In manufactured home subdivisions in the RMH district, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table, and the following standards:

1.

No more than one manufactured home shall be located on any one subdivisions lot;

2.

Skirting shall be required on all manufactured homes;

3.

All manufactured homes shall be anchored to a permanent foundation; and

4.

No manufactured home shall be placed for occupancy at any location without the owner or owners first having obtained a placement permit from the building official.

Table Inset:

B.

All areas not covered by structures or paved surfaces shall be landscaped and maintained by the owner.

C.

Prior to the sale of any lots in a manufactured home subdivision, a screening fence or wall forty-two inches in height shall be installed along all boundaries of the subdivision which abut a public right-of-way (lots fronting on a public right-of-way abutting the subdivision and driveways excepted) and a screening fence or wall no less than forty-two inches in height and no more than six feet in height shall be installed along boundaries of the subdivision which abut property not included in the subdivision.

D.

Fire protection facilities shall be provided in accordance with requirements of the city fire department.

E.

At least one off-street parking space shall be provided on each manufactured home site.

(Ord. 16653 § 2 (part), 2007)

A.

Purpose. The purpose of a restricted residential mixed-use development is to create a unique environment for a hub of activity and a focal point for a given area, reflecting the identity of the area by providing a variety of land uses that coexist in a multi-use residential setting. The mix of land uses are functionally connected to create a cohesive development which facilitates new development, but also provides for the retention and integration of existing residential types and intensities. The mixed-use area shall provide for a group of land uses that meet the daily needs of the area.

B.

Designation.

1.

An application for a residential mixed-use development may be initiated by a property owner or group of property owners of land within the area of request, by the city plan commission, or by the El Paso City Council.

2.

The area of request shall be designated for mixed-use within the city's projected land use element of the adopted comprehensive plan, "The Plan for El Paso."

3.

The area of request shall be wholly included in a city adopted specific study area plan for the area, which sets the written and graphic description of the concerns, objectives, guidelines, and design standards for guiding the development of the area.

The area of request shall be wholly designated as a neighborhood conservancy overlay as provided in Section 20.10.400 of this title.

There shall be no minimum site requirement for a restricted residential mixed-use development, provided, however, that it is the intent of these regulations that an area of sufficient size be developed or redeveloped symbiotically with adjacent land. Extensions to a restricted residential mixed-use development from a common boundary may be considered and shall not require a minimum site area.

C.

Use Regulations. In addition to the uses permitted by the underlying zoning district, buildings, structures, or premises may be used, erected, altered or enlarged for the following uses. A special permit granted by the city should specifically enumerate which of the following uses are permitted as part of the restricted residential mixed-use development.

1.

Residential dwellings, including detached single-family, two-family, attached single-family and multi-family;

2.

Business and professional offices, including doctor's offices, clinics and other medical practitioners;

3.

Studio for professional work or teaching of any form of commercial or fine arts;

4.

Bakery;

5.

Drugstore;

6.

Ice cream parlor;

7.

Restaurant or cafe, excluding drive-in types;

8.

Grocery or convenience store;

9.

Variety store;

10.

Barber or beauty shop;

11.

Dry-cleaning shop or laundromat;

12.

Health or fitness studio;

13.

Travel agency;

14.

Specialty retail uses such as an antique store, art gallery, bookstore, florist, gift shop, or hobby store;

15.

Community buildings and recreational facilities (publicly or privately owned);

16.

Bed and breakfast establishment;

17.

Boardinghouse (rooming or lodging house);

18.

Commercial day care center or nursery;

19.

Accessory uses customarily found in connection with any of the enumerated permitted uses.

D.

Property Development Standards. Where permitted in a district, a restricted residential mixed-use development shall comply with the development standards of the underlying zoning district and as otherwise provided in this title, except as herein modified. These provisions shall apply to and be enforceable upon any new construction, reconstruction or renovation of buildings, structures, or premises made to accommodate uses permitted as part of a restricted residential mixed-use development.

1.

Residential dwellings physically integrated with offices and commercial establishments within a site are permitted, and are deemed most in keeping with the objectives of this section for the development of a balanced community.

2.

All permanent storage and display operations shall be conducted within a completely enclosed building or structure.

3.

Off-street parking requirements contained in Chapter 20.14 (Off-Street Parking and Loading Requirements) of this title shall not be required of uses permitted in a restricted residential mixed-use development; provided, however, that where adequate area within a site is available to accommodate required off-street parking (whether wholly or partially) within a rear area of a site, such off-street parking may be provided.

4.

On-premises advertising for strictly nonresidential uses within a restricted residential mixed-use development shall be restricted to wall or monument signs. One sign not exceeding thirty square feet in size shall be permitted per street frontage. The height of a monument sign shall not exceed six feet in height. Signs shall be pedestrian-oriented and shall not detract from the character of the area. On-premises advertising for a residential mixed-use development consisting of residential uses physically integrated with office and commercial uses, whether wholly or partially, shall be restricted in the same manner as described above except that the maximum sign area permitted per street frontage shall be twenty square feet.

5.

No building shall exceed the height limitations of the underlying zoning district, except where it can be demonstrated that the additional height will not have a detrimental effect on the surrounding land uses or the visual pattern of the area.

6.

Existing or proposed multi-story buildings that are intended for retail sales or variety stores shall be designed to allow for commercial usage on the ground floor level only, and a mix of residential types and intensities on the upper floors.

7.

Uses shall be innovatively designed by means of emphasizing pedestrian orientation.

8.

In addition to the landscape requirements contained in Title 18 (Buildings and Construction) of this Code, any part of the total site area not required for buildings, structures, loading and vehicular access ways, parking and utility areas, pedestrian walks, and hard surfaced activity areas shall be landscaped.

9.

A minimum of one-fourth of the total site area shall be provided as open space to provide visual continuity within the area, and a variety of spaces in the streetscape. Of the open space area, no more than one-half of the area may be used for non-permeable surfaces such as parking areas or driveways.

10.

The residential appearance of any portion of an existing residential building or structure within the site that is converted wholly or partially to a permitted mixed-use shall be maintained.

E.

Additional requirements. In approving a restricted residential mixed-use development, the city plan commission may recommend and the city council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community. In the event that the design standards of the applicable study area plan are more restrictive or impose higher (or different) standards than the requirements of this title, the design standards of the applicable study area plan shall govern. Copies of adopted study area plans are on file in the office of the planning official.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 28, 10-26-2010)

A.

When development is proposed on land zoned URD, the land shall be developed in accordance with provisions of Title 21 — SmartCode. Prior to development URD property will be rezoned SmartCode.

B.

Utility Facilities and Thoroughfares within an URD Zone. Land zoned URD may be used as necessary for utility facilities and thoroughfare construction projects. Permissible uses and uses allowed by special permit are identified in Appendix A. Any thoroughfare construction projects shall comply with the Institute for Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, An ITE Recommended Practice as amended.

(Ord. No. 17547, § 3, 5-3-2011)

A.

The purpose of these regulations is to protect and conserve lands designated as utility green space while still allowing certain necessary water, wastewater and stormwater utility systems as secondary purposes to the area. Utility green space serves to:

1.

Add to the existing open space system and enhance the ecological, hydrological, and recreational vitality of the existing Franklin Mountains State Park and foothill areas;

2.

Promote planning and growth that emphasizes sustainability in our built and natural environments;

3.

Promote careful management to reduce environmental impacts to the water, waste water and stormwater systems in the community;

4.

Protect healthy ecosystems through environmental management and measurement by:

a.

Reducing impervious cover that contributes to degradation of water resources;

b.

Reducing rainfall pollutant loads to streams and other water resources;

c.

Reducing potential pressure to encroach on utility resource buffer areas;

d.

Reducing soil erosion potential by reducing the amount of clearing and grading required;

e.

Promoting erosion and sediment control;

f.

Reducing capital cost of utility infrastructure;

g.

Reducing cost of stormwater management by concentrating runoff and reducing volumes;

h.

Promote a high quality, sustainable utility system that conserves and protects land, watershed, wastewater, reclaimed water and water resources;

i.

Optimize best practices in planning, engineering and management that will protect the environment; and

j.

Protect the ecological and geological health and function of green space.

B.

Where utility green space is designated, a conservation covenant may be required to provide further protections to the area. Any conveyance of the utility green space to the Texas Parks and Wildlife Department shall incorporate the requirements of this section as a condition of donation and acceptance of the land.

C.

In addition to allowing use of the land for water, waste water, and stormwater utility systems, other passive recreational uses and activities customarily found in conserved natural areas are also permitted (such as trail corridors and trailheads, scenic outlooks, and pedestrian walking and jogging paths). Notwithstanding the allowable uses and activities described in this section, the mandating restriction of uses and activities permitted on land within a utility green space designated property shall be as set forth in the conservation covenant, where applicable. The conservation covenant shall enumerate the use(s) permitted and prohibited, shall detail how use of the land shall be authorized pursuant to this section, and shall include a management plan for maintenance, monitoring and enforcement of these use provisions. In no case shall a use not satisfying the general intent of these regulations be permitted as a provision of the conservation covenant.

D.

Any property designated as utility green space shall be subject to the development standards of the El Paso City Code as part of construction, reconstruction, or alteration of any permitted use, and any additional development standards as may be enumerated in the conservation covenant.

E.

For purposes of this section, water, waste water, and stormwater utility systems shall mean the systems of the city as they may be constructed or now exist and may be improved, added to, or extended hereafter, there being included in such term all water, sewer and stormwater facilities now or hereafter owned or operated by the El Paso Water Utilities - Public Service Board, and including all real and personal property comprising any part of or used or useful in the operation of the water, waste water, and stormwater facilities of the city. Specific facilities shall include, but not be limited to, any facility or structure that stores, pumps, conveys, treats, or disposes of potable water, reclaimed water, wastewater, and/or stormwater and the associated residuals with the appropriate resource buffer zone. In addition, other public utility facilities which serve to distribute and transmit electrical power, gas and other essential service necessary to the water, waste water, and stormwater utility systems are also authorized.

F.

Utility green space designated within a development shall not be considered a park under any circumstances, nor shall acceptance of a dedication and maintenance by the city be required.

(Ord. No. 17904, § 2, 11-6-2012)

Drive-in restaurants are not permitted in a C-l or mixed use zoning district within two hundred feet of a residential use or an R-l, R-2, R-2A, R-3, R-3A, R-4, R-5, PR-I, PR-II, PMD or NOS zoning district.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010)

Retail and service uses such as newsstands, cafeterias and retail stores are permitted inside an office building when primarily for the use of occupants thereof and occupants or other buildings in the development.

(Ord. 16653 § 2 (part), 2007)

A.

Reverse Vending Machine(s). Reverse vending machine(s) may be permitted in all commercial, manufacturing and industrial zones; provided, that they comply with the following standards:

1.

Shall be established as an accessory use to a permitted commercial, manufacturing or industrial use and is in compliance with the zoning, building and fire codes of the city;

2.

Shall not occupy required parking spaces for the primary use;

3.

Shall occupy no more than one hundred fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eleven feet in height;

4.

Shall be constructed and maintained with durable material;

5.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone numbers of the operator or responsible person to call if the machine is inoperative;

6.

Shall have a cumulative sign area not exceeding fifty square feet per machine, exclusive of operating instructions and shall be restricted to on-premises advertising;

7.

Shall be maintained in a clean, litter-free condition on a daily basis;

8.

Shall be illuminated to ensure comfortable and safe operation if the facility operates during nighttime hours;

9.

Reverse vending machines shall not be located in an area that obstructs the visibility of traffic entering or exiting adjacent driveways.

(Ord. 16817 § 10, 2008; Ord. 16653 § 2 (part), 2007)

Satellite receiving dishes measuring more than one meter in diameter and other satellite receiving antennas shall comply with the following:

A.

In residential and apartment districts:

1.

The following setbacks shall be observed:

a.

Four feet from interior lot lines,

b.

If on a corner lot: the side street yard requirement for buildings in the district in which it is located,

c.

If in the rear yard: five feet from the rear lot line,

d.

If in the front yard: sixty feet from the front lot line,

e.

If in side yard: sixty feet from the front lot line and the side yard requirement for buildings in the district in which it is located;

2.

The following standards shall be observed:

a.

Any such antennas plus other permitted accessory structures shall not occupy more than forty percent of the yard in which located,

b.

When detached structurally from the main building the maximum overall height of any such antennas from ground level shall not exceed twenty-four feet,

c.

When roof-mounted or attached to the main building, any such antennas shall conform to the height standard of the district in which located. The installation of any roof-mounted dish or antenna and those attached to the main building exceeding twenty-four feet in height shall be designed or checked and approved by a registered professional engineer or a registered professional architect.

B.

In commercial, manufacturing and industrial districts:

1.

The following standards shall be observed:

a.

The antenna may be located anywhere within the buildable area of the lot, with no part of the antenna projecting beyond such buildable area or onto the twenty-foot visibility triangle,

b.

When installed in conjunction with commercial or public radio and television broadcasting and microwave receiving facilities, a special permit shall be required except where the commercial or public radio and television broadcasting and microwave receiving facility is a permitted use by special permit or otherwise.

C.

All design, installation and construction of any such antennas shall comply with the building code of the city.

D.

No form of advertising or other identification is allowed on the dish or framework other than manufacturer's identification plates or stamps not exceeding one square foot in area.

E.

In historic districts, must additionally comply with Chapter 20.20 (Historic Preservation).

(Ord. 16653 § 2 (part), 2007)

Secondary manufactured home units are permitted in the ranch and farm zoning district on a site of at least one acre, provided the following conditions are met:

A.

A placement permit is obtained from the building official;

B.

Manufactured home meets requirements of National Manufactured Home Construction and Safety Standards;

C.

All additions to the manufactured home shall be engineered and built to comply with currently applicable manufactured home construction standards;

D.

Manufactured home does not exceed a height of sixteen feet;

E.

Manufactured home shall have nonflammable skirting around its perimeter to screen its wheels and undercarriage from view;

F.

Fire protection facilities shall be provided as required by the fire department;

G.

A setback of twenty feet shall be maintained from any building or accessory structure;

H.

A setback of twenty-five feet shall be maintained from any property line;

I.

Such manufactured home shall be used only as a residence, and in no case shall be used for rental or commercial purposes; and

J.

A special permit granted pursuant to this section shall be for a period of two years. The city council may, upon application of the owner, approve a one-year extension of this time period, but in no case shall the total time period exceed a maximum of three years. The zoning board of adjustment shall not have jurisdiction to grant any variance or exception from the requirements of this subsection.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 3, 11-10-2009; Ord. No. 17442, §§ 21, 30, 10-26-2010)

In A-1, A-2 and A-3 (Apartment), A-M (Apartment-Manufactured home), A-O (Apartment/Office), A/3-0 (Apartment/Office High Density), RMU (Residential Mixed Use), GMU (General Mixed Use), C-1 and C-2 (Commercial) Districts the following conditions apply:

A.

A minimum site area of two acres shall be required, unless adjacent to and abutting a minimum of four acres zoned C-1, C-2, C-3 or C-4, then the minimum site area shall be one acre with an average lot width of not less than two hundred feet and an average lot depth of not less than two hundred feet.

B.

Individual storage spaces shall not exceed four hundred square feet in area and fourteen feet in height, except in the case of storage spaces for RVs and motor homes, which shall not exceed twenty feet in width and sixty feet in length.

C.

A six foot high screening wall shall be required along all property lines abutting residential or apartment uses or districts.

Additionally, the following conditions shall apply in the C-5 (Commercial) Districts:

A.

A self-storage warehouse shall not occupy the first floor of a building. Permitted activities for the first floor shall be limited to the retail portion of the operation where customer transactions occur and/or in combination with another permitted use in the zoning district.

B.

The portion of the building containing the self-storage warehouse shall be limited to no more than eighty percent of the total gross floor area.

C.

Self-storage warehouses shall only be permitted in existing structures. If no structure exists, then self-storage warehouses shall conform with the design requirements of Section 20.10.280.C, infill development.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 019734, § 3, 5-28-2025)

A.

No person shall own, operate or conduct any business in an adult bookstore, adult motion picture theater or nude live entertainment club within one thousand feet of the following:

1.

A church;

2.

A public or private elementary or secondary school;

3.

A nursery school, kindergarten, child care center, day nursery or day care center;

4.

A university, college, vocational or business school;

5.

A boundary of any residential district;

6.

A public park adjacent to a residential district;

7.

The property line of a lot devoted to any residential use;

8.

Another adult bookstore, adult motion picture theater or nude live entertainment club.

B.

For the purposes of this section, the following definitions shall apply:

1.

Conduct Any Business. Any person who does any one or more of the following shall be deemed to be conducting business:

a.

Operates a cash register, cash drawer or other depository on the adult business premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

b.

Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the adult business premises;

c.

Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the adult business premises;

d.

Acts as a door attendant to regulate the entry of customers or other persons into the business premises; and

e.

Supervises or manages other persons in the performance of any of the foregoing activities on the business premises.

2.

"Entertainment" means any act or performance, such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by employees, agents, contractors or customers. The term "entertainment" shall also mean bartenders, waiters, waitresses or other employees exposing "specified anatomical areas" or engaging in "specified sexual activities" in the presence of customers.

3.

"Operator" means the manager or other natural person principally in charge of an adult business regulated in this section.

4.

"Owner" or "owners" means the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and persons holding ten percent of the outstanding shares if a corporation.

C.

For the purposes of this section, measurements shall be made in a straight line, from the nearest portion of the building or structure used as a part of the premises of a regulated use to the nearest property line of any uses listed in subsection A of this section.

D.

Any adult bookstore, adult motion picture theater or nude live entertainment club lawfully in existence on February 10, 1987, and not in compliance with the zoning provisions of the city code, shall be deemed a nonconforming use and shall comply with all of the provisions of the zoning code regulating such uses by February 10, 1988. In the case of any such uses being located within one thousand feet of each other, the use first established and continually operating shall be allowed to continue to operate at its location, provided such use complies with all other provisions of the zoning code.

E.

The subsequent establishment of any use set forth in subsection A of this section within one thousand feet of a previously existing use regulated by this section shall not render such use a nonconforming or unlawful use.

F.

The regulations in this zoning code of adult bookstores, adult motion picture theaters and nude live entertainment clubs are intended to be land use controls meant to regulate the harmful secondary effects of such uses only, and shall not be construed as being intended to limit access by adults to sexually oriented material, activity or expression, protected by the First Amendment of the United States Constitution.

G.

Signage. The owner or operator of an adult entertainment use may erect, construct and maintain signs allowed by and conforming with Chapter 20.18 of this Code.

H.

If any section, subsection, clause or any portion of the regulations in this zoning code regulating adult bookstores, adult motion picture theaters and nude live entertainment clubs is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code regulating such uses.

(Ord. 16653 § 2 (part), 2007)

Storage of supplies, merchandise, equipment or goods normally carried in stock, used or produced in connection with a permitted use is allowed within a building, or shall be screened from any abutting public street or other abutting property by a solid masonry wall or chain link fence with slats not less than six feet in height.

(Ord. 16653 § 2 (part), 2007)

A.

In any district where permitted as an accessory use, unenclosed swimming pools and spas may occupy a required rear or side yard, provided they are not located closer than five feet to a rear or side lot line. A walk space at least four feet wide shall be provided between pool walls and protective fences and building or other walls. A deck surrounding at least sixty-five percent or more of the swimming pool or spa shall be provided, however, in no case shall other structures restrict emergency access or create above deck structures that may be used as diving platforms or create other safety or sanitary hazards.

B.

Swimming pools and spas listed under permitted uses in any district shall comply with the yard and other standards of the district in which located.

C.

Every residential outdoor swimming pool and spa shall comply with the requirements of the Residential Code, Chapter 18.10.

D.

Every public swimming pool and spa shall comply with the requirements of Chapter 9.48 of this Code.

(Ord. 16653 § 2 (part), 2007)

Temporary buildings, or structures, including mobile or relocatable home office or storage units, the uses of which are incidental to construction operations during development being conducted on the same tract or subdivision are permitted and shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of four years of (from) the time of erection of such temporary buildings, whichever is sooner.

(Ord. 16653 § 2 (part), 2007)

Temporary buildings or structures, including a mobile or relocatable office unit for use as sales or rental office for an approved real estate development or subdivision, located on the same tract as the real estate development or subdivision are permitted and shall be removed upon completion or abandonment of the project or upon the expiration of a period of four years, whichever is sooner.

(Ord. 16653 § 2 (part), 2007)

Temporary sales standards for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and the stand shall contain not more than six hundred square feet of floor space and shall be located not less than thirty feet from the adjoining property and not less than forty feet from the roadway, and temporary off-street parking for at least five vehicles is provided, the parking area to meet the requirements of Chapter 20.14 of this Code.

(Ord. 16653 § 2 (part), 2007)

A.

Intent and purpose. The intent of this section is to accommodate reasonable requests for interim or temporary uses when such activities are desirable for the community, or are temporarily required in the process of establishing a permitted use or constructing a public facility. Temporary uses allowed under this section shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted so as not to cause any detrimental effects on surrounding properties and the community, and shall not violate any other ordinance or state and federal regulations.

B.

Application requirements for a temporary use permit.

1.

The application and supporting documents for a temporary use permit shall be prepared in accordance with the specifications outlined below.

a.

Submit a complete building permit application.

b.

Submit a complete site plan to include the following items:

(1)

The location of all temporary structures proposed property and permanent structures on the property shall be shown on the site plan.

(2)

The location of any tie downs or guy wires within the property.

(3)

The internal parking layout to include all driveways within the property.

(4)

If structures are proposed to be located within a parking lot, include the parking calculations showing that the proposed temporary use will not reduce the minimum required parking for all primary permanent existing uses located on the site.

(5)

Location of sign(s), screening walls, fencing and electric meter locations or temporary power sources if applicable.

(6)

The setbacks from property lines shall be shown on the site plan.

2.

All temporary use permits are valid for the period and location specified in the permit issued for the temporary use, however for no longer than six months within the same calendar year at which time it is deemed expired.

3.

Individual temporary structures as part of the permit shall not exceed a total of one hundred square feet in size and shall be accessory to the primary use on the lot.

4.

Applicant shall have the approval of the plan review building official.

5.

If use is conducted on property that is owned by a separate owner, a notarized letter from the property owner or an authorized agent, granting permission to the applicant to use the property for the temporary use and permission to use any restroom facilities located on the property.

6.

Restroom facilities are required. If restroom facilities are unavailable on the site, a portable facility may be used.

7.

Any tents, membrane structures or canopies used in conjunction with a temporary use permit shall comply with all other provisions of the city code.

8.

Payment of established fee for a temporary use permit.

9.

The site shall be cleaned up and returned to its original state as found by the applicant. Clean up shall begin within a twenty-four-hour period after the applicant has stopped using the site for the permitted temporary use.

10.

The use shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m. except where specifically allowed under the permit issued.

11.

Temporary structures shall be setback a minimum of ten feet from the front property line and shall not hinder the visibility sight triangle.

C.

Temporary uses allowed.

1.

Seasonal sales of food items. Applicant shall obtain the approval of the director of public health. This use is only allowed in a ranch and farm or a developed lot located in C-1 to C-5 (Commercial), M-1 (Manufacturing) and GMU General Mixed Use zone districts. This use includes:

a.

Seasonal sales of food items.

b.

Farmers markets.

c.

Mobile structures for seasonal sales of food items.

2.

Seasonal sales of non-food items. This use is only allowed in a developed lot located in C-1 to C-5 (Commercial), M-1 (Manufacturing) and GMU General Mixed Use zone districts. This use includes:

a.

Christmas Tree lots.

b.

Pumpkin sales lots.

c.

Sales from mobile structures.

d.

Temporary mobile structures.

e.

Mobile structures for temporary sales.

3.

Temporary places of assembly. This use is allowed on a developed lot and only on an undeveloped lot that complies with parking regulations for temporary lots in Chapter 20.14 (Off-Street Parking, Loading and Storage) and Title 30 of the Texas Administrative Code Chapters 101 and 111. These uses shall be permitted in the following zoning districts: R-F (Ranch and Farm), C-1 to C-5 (Commercial), M-1 (Manufacturing), GMU (General Mixed Use) and P-I (Planned Industrial). Applications for temporary places of assembly will be required to obtain all necessary permits. Temporary places of assembly include the following uses:

a.

Haunted house.

b.

Fair, circus, rodeo, festival, carnival or concert operated at a location other than a stadium, auditorium or other public assembly facility designed to accommodate such an event. These uses must meet all of the following requirements:

(1)

The property in which the temporary use will operate is at least three acres or more in size.

(2)

There shall be at least a buffer zone of one thousand five hundred feet between the area, in which the use will operate, and any residential zoning district or use. This measurement will be measured from the outermost footprint of the event including all required parking.

(3)

The temporary event shall comply with all of the parking requirements of Title 20.

(4)

Additional requirements:

(a)

Any property zoned R-F is limited to hosting these uses to three times per calendar year.

(b)

Events held on property zoned R-F where an applicant estimates that the event will have more than five hundred people in attendance at peak hours will require approval from city council prior to the issuance of a temporary use permit.

4.

Temporary real estate offices or rental offices. This use requires the placement of a Texas Industrialized building. The use may include a sales/rental office for an approved real estate development or subdivision. The use must be located on the same property as the development or subdivision. The use must be removed after completion or abandonment of the project or after a four-year period, whichever is sooner.

5.

Temporary tents, membrane structures or canopies. The applicant must provide proof that the structure is of flame resistant material or is treated with a flame retardant which meets the requirements of NFPA 701. Tents in excess of two hundred square feet, or a canopy in excess of four hundred square feet will require review and approval from the fire department and an operational permit will be required from the fire marshal's office, except that the following temporary uses will not require an operational permit:

a.

Tents used exclusively for recreational camping purposes.

b.

Fabric canopies and awnings open on all sides which comply with all of the following:

(1)

Individual canopies shall have a maximum size of seven hundred square feet (65 m2).

(2)

The aggregate area of multiple canopies placed side by side without a fire break clearance of twelve feet (3.7 m) shall not exceed seven hundred square feet (65 m2) total.

(3)

A minimum clearance of twelve feet (3.7 m) to structures and other tents shall be provided.

D.

The following temporary uses may be permitted without the issuance of a temporary permit:

1.

Temporary structures such as construction sheds, canopies, tents and fences used in construction work in conjunction with a building or grading permit. Such structure shall be allowed for a limited amount of time and shall be completely removed upon the completion of the work authorized by the building or grading permit.

2.

Temporary structures such as construction sheds, canopies, tents and fences used in construction work in conjunction with a public works or city, county, state or federal project. Such structure shall be allowed for a limited amount of time and shall be completely removed upon the completion of the work authorized by the building or grading permit.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 3, 11-10-2009; Ord. No. 17314, § 1, 5-4-2010; Ord. No. 17442, §§ 21, 31, 10-26-2010; Ord. No. 17557, § 3, 5-17-2011; Ord. No. 17757, § 1, 3-20-2012; Ord. No. 17927, § 1, 1-15-2013; Ord. No. 18371, § 2, 6-16-2015; Ord. No. 18506, § 1, 5-24-2016; Ord. No. 18663, § 1, 4-18-2017)

Where permitted in a district, tennis clubs shall comply with the following requirements:

A.

Dimensional Standards. At any tennis club developed pursuant to the provisions of this section, buildings hereafter erected or structurally altered shall have:

1.

A front yard on any street equal to that required in underlying zoning district. Such front yard shall not be used for the parking of vehicles,

2.

A rear yard equal to that required in underlying zoning district, or twenty-five feet in depth, whichever is greater,

3.

Side yards equal to that required in underlying zoning district, or fifteen feet in depth, whichever is greater,

4.

A building height not in excess of two and one-half stories,

5.

An average lot width of not less than two hundred feet,

6.

A lot or site area of not less than two acres,

7.

Off-street parking as required in Chapter 20.14;

B.

Permitted accessory uses:

1.

Pro shop,

2.

Handball courts,

3.

Restaurant or bar or restaurant or combination thereof,

4.

Locker room,

5.

Sauna bath,

6.

Swimming pool.

(Ord. 16653 § 2 (part), 2007)

A.

Purpose.

1.

In order to provide regulatory incentives to permanently restrict urbanization of certain environmentally sensitive areas, or to allow certain vested projects to be relocated to another appropriate location, this section establishes two types of transfer of development rights. In all cases, the transfer of development rights from sending to receiving parcels shall be at the voluntary request and requires a special permit application of the landowners of both parcels.

a.

Environmentally sensitive areas. A special permit for transfer of development rights (TDR) shall be permitted when approved by the El Paso City Council pursuant to the provisions of this section.

b.

Vested projects. When a determination as to project vesting has been made pursuant to Section 1.04.070 of this Code, a property owner may be allowed to relocate that project to another appropriate parcel of land, when approved by the El Paso City Council pursuant to the provisions of this section.

2.

For purposes of this section, environmentally sensitive areas shall include areas designated as such by local, state or federal documentation. If governmental documentation cannot be produced with an environmentally sensitive designation that meets the following criteria, then the city engineer and director of environmental services may evaluate the property and determine if it meets one or more of the following characteristics. If the city engineer and director of environmental services determine it is not an environmentally sensitive area as defined herein a special permit application may not be processed.

a.

Areas with significant natural features;

b.

Areas which enhance the open space and aesthetic qualities of the land;

c.

Areas that protect agricultural resources;

d.

Areas necessary for the preservation of natural resources;

e.

Areas containing habitats for threatened or endangered species;

f.

Wetlands and wetland transition areas;

g.

Aquifer recharge and discharge areas;

h.

Archaeological sites;

i.

Waters of the state, which includes arroyos; or

j.

Other areas or features that have been designated for protection due to ecological integrity, balance or character.

3.

This section establishes procedures for transferring development rights from sending to receiving parcels, to allow for increased densities in the receiving parcels and reduced densities in the sending parcels, for environmentally sensitive lands, and to allow for the transfer and development of vested projects on land appropriate for such uses.

4.

The TDR system for environmentally sensitive lands is based on the theory of carrying capacity. In other words, a finite amount of development is permitted in the areas within the sending and receiving parcels. A transfer of development rights does not increase the cumulative density possible in the sending and receiving parcels. The TDR for vested projects is based on the theory that certain projects may have become vested in their development plans, but may be more appropriately located on different property than that for which the initial permit was received.

5.

A special permit application for transfer of development rights shall be subject to the requirements of Chapter 20.04, Article V of this title.

B.

Sending Parcels.

1.

Environmentally sensitive lands: Property proposed as a sending parcel may be located in any zoning district within the El Paso city limits and shall meet all of the following criteria:

a.

The property proposed as a sending parcel is within an area designated as environmentally sensitive as described in subsection (A)(2);

b.

One hundred percent of the development potential of the sending parcel shall be transferred. For purposes of this subsection, "development potential" means the density permitted by the underlying zoning district of the sending parcel;

c.

The property is physically and legally developable at the potential of the underlying zoning district, as certified by a registered professional engineer;

d.

All of the property in the proposed sending parcel is protected through recording of a conservation easement or otherwise restricted from any future development;

e.

Documentation of compliance with the requirements for eligibility as a sending parcel shall be submitted with the application for a special permit requesting a transfer of development right from the sending parcel and an increase in density in the receiving parcel.

2.

Vested Projects. Property proposed as a sending parcel may be located in any zoning district within the El Paso city limits and shall meet all of the following criteria:

a.

The project has requested and received a letter of vested rights determination;

b.

The vested project is an allowed use within the zoning district on which the receiving parcel is located, or would have been allowed under the ordinances in effect at the time of issuance of the vested determination letter;

c.

The vested project as planned, developed, and depicted on applications for all permits, for the receiving parcel substantially conforms to the project for which the vested rights determination letter was granted. Consideration will be given for changes in plans necessitated by the topography or other features of the receiving parcel;

d.

Documentation of compliance with the requirements for eligibility as sending and receiving parcels shall be submitted with the application for a special permit.

e.

Exemption from special permit. A Vested Project will not be required to secure approval of a special permit in accordance with this Section, under the following conditions:

(1)

The requestor holds a valid determination of project vesting under Section 1.04.070 of this Code; and

(2)

The City has a real property interest in the sending or receiving parcel; and

(3)

Council has determined the following as part of the real property transaction:

(a)

That the proposed use being transferred from the sending parcel to the receiving parcel, is identified as the Project in the determination of project vesting; and

(b)

That the proposed use is an appropriate land use on the receiving parcel and is in conformance with the Plan for El Paso; and

(c)

That the transfer of land and proposed use of the land is in the best interests of the public health, safety and welfare.

(d)

The findings as to the receiving parcel listed above, and the identification of the sending parcel, removing the vested project status, shall be memorialized in a document, approved by the City Attorney and signed by the City Manager, that may be recorded in the county deed records.

Further, a determination of project vesting includes an exemption from special permit requirements if the zoning in place at the time of the first permit application, which resulted in a determination of project vesting, did not require a special permit.

C.

Receiving Parcel Designation.

1.

A parcel of land which receives a special permit for development rights to allow increased density pursuant to this section shall be referred to as a "receiving parcel."

2.

No development rights shall be transferred to any parcel of land that is not located in a receiving district and so designated in the ordinance approving the special permit, or unless the receiving parcel is exempt under Section B.2.e.

3.

Environmentally sensitive land: Only property zoned S-D (Special Development), U-P (Union Plaza), PR-I Planned Residential I), PR-II (Planned Residential II), RMU (Residential Mixed Use), and GMU (General Mixed Use) may be designated as receiving districts for purposes of transferring severable development rights from environmentally sensitive lands.

4.

Vested Projects: Property in any commercial or the M-1 manufacturing districts may be designated as receiving parcels for transferring development rights and standards in vested projects, subject to City Council review of the special permit, or unless the receiving parcel is exempt under Section B.2.e.

5.

The development rights attach to the receiving parcel upon approval of the special permit, if required, or upon the date of closing of the sale or transfer of property if the receiving parcel is exempt under B.2.e., and upon recordation of a conservation easement or other documentation restricting the development of the sending parcel for environmentally sensitive lands, and the inclusion of site plans and other documentation required for vested projects, if required for a special permit, and shall not be subsequently transferred to another property.

D.

Special Permit Required.

1.

No development rights shall be used on the receiving parcel until a special permit has been submitted by the property owners of both the sending and receiving parcel and approved as provided herein, and in accordance with the notice and hearing requirements of this title.

2.

The special permit shall include a finding by the city council that the transfer of development rights will promote the purposes of this section and title.

E.

Evidence of Restriction Required for Development Approval for Environmentally Sensitive TDRs.

F.

Restrictions for Development Approval for Vested Projects. As of the effective date of the ordinance for TDR for a vested project, the project at the receiving parcel may be completed in accordance with the regulations that were in effect as of the date of the vested rights determination. Any rights to such regulatory applicability in the sending parcel will terminate as of the effective date.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 18349, §§ 1—5, 4-28-2015)

A.

In Residential, Apartment and Commercial Zoning Districts. Ground-mounted radio or television broadcasting antenna support structures with antennas and equipment storage facilities shall comply with the following standards:

1.

The antenna support base shall be set back one foot for each one foot of height from abutting residential districts, measured from the antenna support base to the property line;

2.

The radio or television broadcasting antenna support structure shall conform with FCC and FAA height regulations within a residential zone;

3.

The following must accompany a request for a special permit:

a.

A nonionizing electromagnetic radiation (NIER) report, in a format acceptable to the FCC,

b.

A structural engineering report for the antenna support,

c.

A detailed site development plan showing the antenna, supporting structures and appurtenant equipment in relation to the existing surroundings,

d.

Verification letters that an FCC application has been submitted and FAA approval has been obtained;

4.

Collocation or installation of additional antennas on an existing antenna support structure shall be permitted after review and approval by the building official of a structural recertification report, prepared and sealed by a licensed professional engineer, and an updated NIER emissions report;

5.

Increase in elevation of an existing antenna support structure shall be permitted, so long as the setback and maximum height limitations are complied with, after review and approval by the building official of updated structural and NIER emissions reports;

6.

Existing nonconforming antenna support structures, unable to comply with current setback limitations shall be prohibited from any increase in elevation.

B.

In manufacturing and Industrial Zoning Districts. Ground-mounted radio or television broadcasting antenna support structures, with appurtenant antennas and equipment storage facilities shall comply with the following standards:

1.

The antenna support base shall be set back from any residential district or residential use one foot for each one foot of height, measured from the antenna support base to the property line. The maximum height limits shall be set by the Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) license requirements;

2.

The following must accompany a request for a building permit:

a.

A detailed plan showing the antenna, support structures, and appurtenant equipment in relation to the existing surroundings including fencing, off-street parking, and access from the antenna support to the nearest public access,

b.

A nonionizing electromagnetic radiation (NIER) report, in a format acceptable to the FCC,

c.

A structural engineering report for the antenna support,

d.

Verification letters that an FCC application has been submitted and FAA approval has been obtained;

3.

Collocation or installation of additional antennas on an existing antenna support structure shall be permitted after review and approval by the building official of a structural recertification report prepared and sealed by a licensed, professional engineer;

4.

Increase in elevation of an existing antenna support structure shall be permitted, only when the setback limitations are complied with, after review and approval by the building official of updated structural and NIER emissions reports. Existing nonconforming antenna support structures, unable to comply with current setback limitations shall be prohibited from any increase in elevation.

5.

The applicant shall provide a six-foot high fence or screening wall around the wall around the base of a self-supporting or guyed mast antenna support, and appurtenant equipment storage facilities, to provide for security. The gate providing access to the antenna support shall remain locked at all times, except when being used for access by maintenance personnel;

6.

The access driveway and one off-street parking space, for use by maintenance vehicles, must be paved covered with an alternative all-weather material to provide for a dust-free driving surface as approved by the director of the city development department or other designee of the city manager.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 29, 10-26-2010; Ord. No. 17801, § 6, 6-5-2012, eff. 6-11-2012)

A permitted accessory use in all districts, residential-type television or radio receiving antennae, roof-mounted, shall not exceed twenty feet in height above the highest point of the roof.

(Ord. 16653 § 2 (part), 2007)

Where specifically listed as a permitted accessory use in a district, unenclosed parking space shelters may be erected as shelters for motor vehicles in conformance with the following:

A.

The structure shall not encroach into the required front yard or side street yard;

B.

No part of the structure shall be closer than one foot from an adjacent property line within a required side yard or rear yard, except that when the property abuts an R-1, R-2, R-2A, R-3, R-3A, R-4 and R-5 zoned property or a single-family attached dwelling in any other zone existing at the time of erection of the parking space shelter, the structure shall not be closer than ten feet from the adjacent property line;

C.

The height, measured from the floor of the parking space to the ceiling or lowest clearance, shall not exceed ten feet, and provided that the overall height shall not exceed eleven feet;

D.

The structure shall cover only the affected parking space or spaces. It shall not encroach onto the parking lot access driveways and shall not exceed a depth of twenty feet over each parking space;

E.

All water runoff shall be controlled to drain into the property on which the structure is located.

(Ord. 16653 § 2 (part), 2007)

Utility facilities shall comply with the following:

A.

Minor Utility Facilities. Minor utility facilities shall be exempt from all requirements of this title and shall be a permitted use in any zoning district of the city, except the natural open space zoning district, where such facilities shall be permitted by special permit in accordance with Section 20.08.

B.

Communication Utility Facilities and Water and Wastewater Utility Facilities. Communication utility facilities and water and wastewater utility facilities shall be permitted uses in any zoning district of the city and shall be exempt from all requirements of this title, except as follows:

1.

Facilities with less than or equal to three hundred square feet of floor area:

a.

No off-premises advertising shall be permitted;

b.

A minimum setback of ten feet from any property line abutting a public or private street right-of-way shall be provided;

2.

Facilities with a floor area greater than three hundred square feet:

a.

No off-premises advertising shall be permitted;

b.

The communication utility facility or water and wastewater utility facility shall be required to meet all requirements of the base zoning district.

3.

Communication utility facilities are not permitted in the natural open space zoning district.

C.

Major Utility Facilities. Major utility facilities shall be permitted by special permit in any zone, and shall be required to meet all requirements of the base zoning district.

D.

The requirements of this section shall apply to a public utility or a privately owned and operated utility facility, as otherwise herein defined and regulated, and any other applicable standards contained within this Code.

(Ord. 16653 § 2 (part), 2007; Ord. No. 18531, § 6, 6-28-2016)

A.

Not more than one commercial vehicle shall be allowed as accessory to a dwelling. Such commercial vehicle shall not have a manufacturer's rated carrying capacity exceeding two tons, shall not exceed twenty-six feet in length, or seven feet eight inches in width or nine feet in height. Except for minor emergency repairs, maintenance and repair of such commercial vehicle on premises, such as would constitute the use of premises for an automotive repair garage, shall not be permitted.

B.

No person shall dismantle, repair or otherwise perform any work upon any vehicle, machine, motor, or other similar device, other than to effect minor emergency repairs to a motor vehicle, on any property in an apartment or residential zoning district unless such activity is incidental to a permitted or conditionally permitted use and is conducted within a building.

C.

No vehicle (except those upon which minor emergency repairs are being effected), machine, motor, appliance or other similar device from which any part has been removed, or which is inoperable for any reason, including junked or wrecked motor vehicles, shall be stored, maintained or kept on any property in an apartment or residential zoning district as an activity incidental to a permitted or a conditionally permitted use except within a building.

(Ord. 16653 § 2 (part), 2007)

A.

Yard sale, garage sale or rummage sale shall be allowed outdoors for disposal of used household items during the daylight hours, provided that such sales are not held more frequently than three times a calendar year on the same lot of a single-family or two family dwelling, or not held more frequently than six times a calendar year at places of public assembly or at city parks and recreational areas managed by the parks and recreation department, and each time is conducted for no more than two days at a time.

B.

Outdoor rummage sales at places of public assembly and at city parks and recreational areas managed by the parks and recreation department may also include items created and sold by or on behalf of an artist, artisan or crafter.

C.

Outdoor rummage sales at places of public assembly and at facilities managed by the parks and recreation department shall comply with the following:

1.

Provide off-street parking consisting of one vendor off-street parking space and one customer off-street parking space per table/space. Each off-street parking space shall meet the minimum requirements of Chapter 20.14 (Off-Street Parking and Loading Regulations) of this title;

2.

Provide access to the facilities on the property for the disposal of garbage and use of sanitary facilities by all vendors and customers;

3.

Provide a ten-foot pedestrian walkway between each row of vendor tables/spaces; and

4.

Provide a ten-foot wide access route for emergency services to and within the site area.

D.

No person shall conduct or be a vendor at a yard, garage or rummage sale on the property of a place of public assembly, or at city parks and recreational areas managed by the parks and recreation department, without first obtaining the authorization, permission or a permit from the property owner or managing entity.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17360, § 2, 7-20-2010)