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Planning & Inspections

Planning & Inspections FAQs-v1
(915) 212-0104

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FAQs-v1

Zoning/Rezoning
Special Permit
Site Development Plan
Infill Development
Zoning Condition Amendment
Subdivision
Flood Zones
Shared Use Mobility Devices

Zoning/Rezoning

  1. What is Zoning?
    Zoning establishes the types of land uses permitted on a specific tract of land. Zoning also sets development standards such as lot area; density; parking and loading requirements; setbacks; landscape and screening requirements; and building height. The City of El Paso currently has 34 zoning districts.

  2. Why do we need zoning and what effect does zoning have on my property?
    The purpose of zoning is to protect the public’s health, safety, morals, and general welfare and is an important tool for implementing the City’s long range plans. Property must be zoned for a given use before a building permit is issued, and development plans for the property must comply with the applicable standards for that zoning district.

  3. How do I determine the types of uses permitted on my property?
    Contact the Planning Division at (915) 212-0088 to verify the zoning district classification for the property and the types of uses that are permitted. If your intended use is not permitted on the property, based on its existing zoning, staff will advise you on the rezoning process and other options (if any) available to you.

  4. How do I apply to change the zoning of my property?
    A completed rezoning application, with all required documentation, must be submitted to the Planning Division. The application must contain the original signature of the owner of the property proposed for rezoning.

  5. What documentation is required to be submitted with an application for rezoning?
    • Applicable zoning sheet identifying the property to be rezoned
    • For vacant properties, 8 copies of a generalized plot plan
    • For developed properties, 8 copies of a detailed site development plan
    • A title certificate or proof of ownership
    • City Tax Certificate indicating that no tax delinquencies are due
    • A sealed metes and bounds survey, if applicable

  6. How can the public participate in the rezoning process?
    During the public hearings before CPC and CC, the applicant and the public will be afforded an opportunity to present their views on the application. In addition, letters and faxes may be sent to the Planning Division regarding any application. Letters should be addressed to the City Plan Commission (c/o Planning and Inspections Department - Planning Division, 1st Floor, City 3, 801 Texas Avenue, El Paso TX 79901 and faxes should be sent to (915) 212-0088. The letter of fax must state the case number, your name and address, and your position.

  7. How long does the rezoning process take?
    A rezoning application, from submission to finalization, takes approximately ten to twelve weeks. Incomplete applications and unique circumstances or factors may increase the processing time.

  8. What is the rezoning process?
    After acceptance of a completed application, the Development Services Department reviews the request; obtains the review and comments from other City departments; schedules the case for the public hearing by the City Plan Commission (CPC); obtains a recommendation from the Development Coordinating Committee (DCC); prepares a staff report, and notifies property owners within 300 feet of the proposed rezoning and any appropriately recognized neighborhood associations. In addition, if the property proposed for rezoning is one or more acres in size, a sign must be placed on the property proposed for rezoning by the applicant at least 15 days before the CPC hearing. CPC holds a public hearing approximately six weeks following the submittal of the application, and votes to approve, approve with modifications, deny, or postpone the rezoning application. A report by the staff is presented, public input is received, and CPC deliberates its findings.

  9. What happens if my application is approved?
    When a recommendation to approve the application is made by CPC, an ordinance will be prepared and forwarded to City Council (CC) for finalization. The final hearing by CC will take place approximately four to five weeks after the CPC hearing. A report is presented by staff with the recommendations of DCC and CPC, public input is received, and CC deliberates its findings, and either approves, approves with modification, denies, or postpones the application. Upon finalization, the Development Services Department makes the necessary changes to the Official Zoning Map Series of the City.

  10. What happens if my application is denied?
    If an application is denied by CPC, the applicant may file an appeal of the denial action to CC within fifteen days of the CPC hearing. Once an appeal is filed, an ordinance will be prepared and forwarded to CC for finalization in the same manner described above.

 

Special Permit

  1. What is a special permit?
    Zoning establishes the types of land uses permitted on a specific tract of land. Each zoning classification then sets development standards that regulate setbacks, lot width, lot depth, minimum square footage, maximum lot coverage, and height requirements, which apply to a particular use. In this zoning scheme, land use activity is permitted in a zoning classification either as use by right or by special use permit. A use by right is a land use activity that has been deemed appropriate and correct for the zone where it is to be located. A special use permit allows a land use activity in a zone under certain specified rules (performance standards).

  2. Why would I need a special permit?
    All property within the City is zoned based on a land use classification system that has considered all factors necessary to determine its best land use pattern. If the zoning classification on the property does not permit an intended use by right, the City Development Department—Planning Division will advise whether the intended use, infill development, planned residential development overlay, or parking reduction is permitted in the applicable zone by special permit. If so, an application for a special permit may then be submitted.

  3. What effect does a special permit have on my property?
    Property must be zoned for a given use, whether by right or as a use permitted by a special permit before a building permit is issued. If the zoning of the property has a notation "SP", the conditions of the special permit will be reviewed and checked for compliance prior to a building permit being issued. Property may be used for any permitted use or for any use permitted by an approved special permit. Development plans must comply with the applicable standards for that zoning district and any requirements of an approved special permit. A special permit may not be removed or changed except through legislative action of the City Council (CC) following the same public hearing process.

  4. How do I obtain a special permit?
    A special permit may only be granted upon application to the City by the owner of a property and through a public hearing process. You are encouraged to discuss an application with staff in the Development Services Department—Planning Division. A pre-application conference will include a discussion of the surrounding zoning, land uses, recent area zoning trends adopted by development-related zoning policies, and any other relevant factors related to your application. A special permit application packet will be provided.

  5. How do I apply for a special permit on my property?
    Submit a completed special permit application with accompanying documentation, to the Development Services Department - Planning Division. The application must contain the original signature of the owner of the property to be accepted for processing.

  6. What documentation is required to be submitted with a completed and signed special permit application?
    • Applicable zoning map sheet identifying the property to be rezoned.
    • 8 copies of a detailed site development plan.
    • A title or certificate or other proof of ownership.
    • City Tax Certificate indicating that no tax delinquencies are due.
    • A sealed metes and bounds survey, if applicable.

  7. What is the special permit process?
    After acceptance of a completed application, Development Services Department - Planning Division reviews the request, obtains the review and comments from other City departments; schedules the case for a public hearing by the City Plan Commission (CPC); prepares a staff report, and notifies property owners within 300 feet of the proposed special permit of the hearing. CPC holds a public hearing approximately six weeks following the submittal of the application and votes to approve, approve with modifications, deny, or table the special permit application. The staff report is presented, public input is received, and CPC deliberates its findings.

  8. What is the process after a recommendation is made to approve the special permit application?
    When a recommendation to approve the application is made by CPC, an ordinance will be prepared and forwarded for CC finalization. The final hearing by CC will take place approximately four to five weeks from the CPC hearing. The staff report of CPC is presented, public input is received, and CC deliberates its findings, and either approves, approves with modifications, denies, or tables the application. Upon finalization, the Planning Division makes the necessary changes to the Official Zoning Map Series of the City.

  9. What happens if the special permit application is denied?
    If an application is denied by CPC, the applicant may file an appeal of the denial action to CC within fifteen days of the CPC hearing. Once an appeal is filed, an ordinance will be prepared and forwarded to CC for finalization in the same manner described above.

  10. How can I participate in the public hearing process?
    During the public hearings before CPC and CC, the applicant and the public will be afforded an opportunity to present their views on the application. In addition to speaking at the hearings, letters to CPC and CC may be sent directly or through the Development Services Department - Planning Division. Petitions in support or opposition to an application may be formally submitted at either hearing. The applicant, or a representative, must be present at hearings before CPC and CC to answer questions regarding the application.

  11. How long does the special permit process take?
    A special permit application, from submission to effected date, takes approximately ten weeks. Any unusual action by CPC, CC, or the applicant to postpone an application increases the processing time.

  12. What is the special permit application fee?
    Special permit application fees are on a graduated scale based on the total acreage shown on an application and are non-refundable upon payment. The schedule of special permit fees may be found on the application.

 

Site Development Plan

  1. Why is site design necessary?
    The importance of site plan design is the relation of proposed site improvements to the contextual setting of the property-topography, access, natural drainage patterns, traffic circulation, orientation, spacing, etc. The site design process is an opportunity for the City and the developer to work together to ensure that development meets both the design goals of the community and the requirements of the developer. The site design includes the arrangement of uses, buildings and structures, landscaping, lighting, signage, screening, architectural style and color, and other site criteria, all working together to promote a desirable visual environment.

  2. What is a detailed site development plan?
    A detailed site development plan is an engineered, detailed drawing of the site improvements and buildings proposed on a property. This plan ensures proper site design and is approved through legislative action of the City Council (CC) following a public hearing process. The purpose of the plan review is to ensure that the proposed development conforms to the regulations and to various site design requirements. Where required on a property, a detailed site development plan review is required prior to the issuance of a building permit.

  3. When is a detailed site development plan review required?
    A detailed site development plan is required under the following circumstances:
    • When construction is on land that has a zoning district classification requiring a detailed site development plan review
    • When construction is intended for a use that is permitted by a special permit in the zoning district classification.
    • When construction is intended for a particular use, and the development standards for that use require a detailed site development plan review.
    • When the construction proposes a use requiring a change of zoning on land that is occupied by a building(s) or use(s).
    • When construction is on land that has a zoning condition requiring detailed site development plan review.

  4. How do I obtain approval for a detailed site development plan?
    Approval of a detailed site development plan may only be granted upon application to the City by the owner of a property and through a public hearing process. The applicant is encouraged to discuss the application with the staff of the Development Services Department - Planning Division. A pre-application conference will include a discussion of the surrounding zoning, land uses, recent zoning trends adopted by development-related zoning policies, and any other relevant factors.

  5. How do I apply for a detailed site development plan review?
    Submit a completed detailed site development plan review application, with accompanying documentation to the Planning Division. The application must contain the original signature of the owner of the property to be accepted for processing.

  6. What is the detailed site development plan review application fee?
    Detailed site development plan review application fees are on a graduate scale based on the total acreage shown on an application and are non-refundable upon payment.

  7. What documentation is required to be submitted with a completed and signed application?
    • Applicable zoning map sheet identifying the property.
    • 8 copies of a detailed site development plan.
    • A title certificate or other proof of ownership document.
    • City Tax Certificate indicating that no tax delinquencies are due.
    • A sealed metes and bounds survey, if applicable.

  8. What is the detailed site development review process?
    After acceptance of a completed application, the Planning Division reviews the request; obtains the review and comments from other City departments; schedules the case for a public hearing before the City Plan Commission (CPC); obtains a recommendation from the Development Coordinating Committee (DCC); prepares a staff report, and notifies property owners within 300 feet of the proposed development. CPC holds a public hearing approximately six weeks following the submittal of the application. The staff report is presented, and public input is received. CPC then deliberates its findings and votes to approve, approve with modifications, deny, or table the application. Where a recommendation to approve the application is made by CPC, a resolution will be prepared and forwarded for CC finalization. The final hearing before CC will take place approximately four to five weeks from the CPC meeting. The staff report of the DCC and CPC is presented, public input is received and CC deliberates its findings and either approves, approves with modifications, denies, or tables the application. Upon finalization, the Development Services Department- Planning Division records the approved plan. If an application is denied by CPC, the applicant may file an appeal of the denial action to CC within fifteen days of the CPC hearing. Once an appeal is filed, a resolution will be prepared and forwarded to CC for finalization in the same manner described above.

  9. How can I participate in the public hearing process?
    During the public hearings before CPC and CC, the applicant and the public will be afforded an opportunity to present their views on the application. In addition to speaking at the hearings, letters to CPC and CC may be sent directly or through the Planning Division. Petitions in support or opposition to an application may be formally submitted at either hearing. The applicant must be present at the hearings before CPC and CC to answer questions regarding the application.

  10. How long does this process take?
    An application, from submission to effective date, takes approximately ten weeks. Any unusual action by CPC, CC, or the applicant may postpone an application and increase the processing time.

  11. What is the detailed site development plan review application fee?
    Detailed site development plan review application fees are on a graduate scale based on the total acreage shown on an application and are non-refundable upon payment.

 

Infill Development

  1. Why would a special permit for infill development be necessary?
    A Special Permit for Infill Development meeting the location and design requirements can be applied in order to modify the following Zoning regulations for a proposed development:

    A. Setback Requirements:
    Setbacks of the base zoning district may be reduced by up to 100%
    B. Parking:
    Parking requirements shall be automatically reduced by 50% and may be requested to be reduced by up to 100%
    C. Building Height:
    Maximum building height can be increased by up to a 1:1 height street to a ratio
    D. Landscaping:
    Comply with Title 18.46
    E. Density:
    Maximum density can be increased up to 50% above the base zoning
    F. Lot Dimensions:
    There are no minimum lot dimensions
    G. Use:
    It may be approved for any use allowed in the zoning district

 

Zoning Condition Amendment

  1. What are zoning conditions?
    As part of an application to amend the City’s Zoning Map (rezoning process), certain conditions, requirements, and covenants may be imposed by the City to remove any objections to the proposed rezoning. Under the current procedure, these conditions are contained within the rezoning ordinance approved by the City Council, although some former conditions had been imposed by contract as part of the earlier rezoning process. In either case, zoning conditions may only be amended or removed following the same hearing process as when imposed. Zoning conditions, on a case-by-case basis, will supplement Code requirements to lessen potential negative impacts of a proposed rezoning and ensure compatibility or proposed uses with surrounding properties. When the City’s Official Zoning Map Series is changed to reflect an approved rezoning, a notation is also made with the designation “C” or “SC” where zoning conditions have been imposed.

  2. What effect do zoning conditions have on my property?
    Property must be zoned for a given use before a building permit is issued. As part of the building permit review process, the zoning of the property is verified to ascertain whether the use proposed is permitted. The Development Services Department - Planning Division will verify the zoning using the City’s zoning maps. If the zoning of the property has a notation “C” or “SC”, the zoning conditions will be reviewed and checked for compliance prior to a building permit being issued. If any zoning condition has not been satisfied, no building permit may be issued on the property. Zoning conditions restrict the development and use of property, and may not be amended or removed except through legislative action of the City Council (CC) following a public hearing process. These conditions restrict title to property similar to a deed restriction covenant.

  3. Can zoning conditions be amended or removed?
    Zoning conditions may be amended or removed upon application to the City by the owner of a property, and through a public hearing process. To request a release, the applicant will be required to demonstrate that the zoning conditions have either been satisfied or are no longer necessary or desirable. An owner may also request that zoning conditions be amended due to changes since their imposition at the time of rezoning of the property. An applicant is encouraged to discuss an application with staff in the Development Services Department - Planning Division. A pre-application conference will include a discussion of the surrounding zoning, the zoning conditions, land uses, recent area zoning trends, adopted development-related zoning policies, and any other relevant factors related to the applications. An application for zoning condition amendment/release packet will be provided.

  4. How do I apply for an amendment or removal of zoning conditions on my property?
    Submit a completed zoning conditions amendment/release application, with accompanying documentation to the Planning Division. The application must contain the original signature of the owner of the property.

  5. What documentation is required to be submitted with a completed application?
    • Applicable zoning map sheet identifying property on which zoning conditions are to be amended or removed.
    • For vacant property, 8 copies of a generalized plot plan.
    • For developed property, 8 copies of a detailed site development plan.
    • A title certificate of other proof of ownership document.
    • City Tax Certificate indicating that no tax delinquencies are due.
    • A sealed metes and bounds survey, if applicable.
    • A copy of the ordinance or contract imposing the zoning conditions.

  6. What is the zoning condition amendment/release process?
    After acceptance of a completed application, the Planning Division reviews the request; obtains the review and comments from other City departments; schedules the application for a public hearing by the City Plan Commission (CPC); prepares a staff report, and notifies property owners within 300 feet of the property on which an application for amendment or release of zoning conditions is proposed. CPC holds a public hearing approximately six weeks following the submittal of the application, and votes to approve, deny, or table the application. The staff report is presented, public input is received, and CPC deliberates its findings.

  7. What is the process after a recommendation to approve an application is made?
    When a recommendation to approve the application is made by CPC, an ordinance will be prepared and forwarded to CC for finalization. The final hearing before CC will take place approximately four to five weeks following the CPC hearing. The staff report of CPC is presented, public input is received, and CC deliberates its findings, and either approves, denies or tables the application. Upon finalization, the Planning Division makes any necessary changes to the Official Zoning Map Series of the City. If an application is denied by CPC, the applicant may file an appeal of the denial action to CC within fifteen days of the CPC hearing. Once an appeal is filed, an ordinance will be prepared and forwarded to CC for finalization in the same manner described above.

  8. How can I participate in the public hearing process?
    During the public hearings before CPC and City Council, the applicant and the public will be afforded an opportunity to present their views on the application. In addition to speaking at the hearings, letters to CPC and City Council may be sent directly or through the Development Services Department - Planning Division 801 Texas Avenue, City 3, El Paso, Texas 79901, (915) 212-0083, fax (915) 212-0086. The applicant must be present to answer any question.

  9. How long does this process take?
    This process from beginning to end takes approximately ten weeks. Any unusual action by CPC, CC or the applicant might increase the processing time.

  10. What is the application fee?
    The application fee is set by resolution of CC. It appears on the application and is non-refundable following payment.

 

Subdivision

  1. What is a plat?
    A plat (also called a subdivision) is a map or plan that represents a tract of land, showing the boundaries and location of individual properties, streets, easements, and other pertinent information. After a plat is approved, either administratively or by the City Plan Commission, it is filed with the County Clerk and becomes a legal subdivision of record.

  2. Can I obtain a building permit for a property that is not platted?
    No permit shall be issued for any development on a property until a subdivision has been approved unless you meet one of the exceptions listed under Section 19.01.10.C.2 (Authority, purpose, and applicability) of the El Paso Municipal Code.

  3. I want to sell a portion of my platted lot. Can I do it on my own without having to replat?
    A replat is usually required, unless you apply for and receive a platting exemption determination in accordance with Sections 19.37.100 (Exemption determination) and 19.01.030 (Exemptions) of the El Paso Municipal Code.

  4. If I need to plat or replat my property, can I do it myself or do I need to hire a professional?
    Hire a professional. A plat must be signed and sealed by a Registered Surveyor or Engineer in the State of Texas.

  5. How long does it take for a plat to be reviewed and approved?
    The review period for most plats is 30 days with the exception of amending plats. The review period for an amending plat is 10 days.

  6. Who approves a plat?
    Most plats are approved by the City Plan Commission (CPC) at one of their scheduled bi-weekly meetings. Amending plats and minor plats are approved administratively.

  7. Do I have to attend and/or speak at the City Plan Commission meeting?
    The owner or owner’s representative is required to attend the meeting in order to ensure that they agree with the staff's comments/recommendations and to answer any questions the Commission may have regarding their application.

  8. My plat has been approved. Can I apply for a building permit?
    Not until your final plat has been filed with the County Clerk unless you meet the criteria specified under Section 19.08.020.C.2 (Timing of public improvements, permit issuance).

  9. My final plat has been approved. How long do I have before I am required to file the plat at the County Clerk?
    You have two years to file the plat if you submitted a minor plat application and three years for all other plat applications; unless your application is extended in accordance with Chapter 19.41 (Expiration, Extension, and Reinstatement).

  10. If I need to plat or replat my property, can I do it myself or do I need to hire a professional?
    Hire a professional. A plat must be signed and sealed by a Registered Surveyor or Engineer in the State of Texas.

  11. Am I required to comply with the rules and regulations of the City of El Paso if my property is located outside of El Paso City limits?
    If your property lies within the City of El Paso’s Extraterritorial Jurisdiction (ETJ), which is land surrounding the city, subdivision regulations do apply. Visit the Zoning Map if you would like to verify whether a property lies within the City of El Paso’s ETJ.

 

Flood Zones

  1. Why are new maps being issued?
    The City of El Paso participates in the National Flood Insurance Program in order to get the most accurate information and to lower flood insurance rates for the residents of El Paso who are in a flood zone. A county-wide study has been done by the Federal Emergency Management Agency (FEMA) to update the previous effective maps. These are preliminary maps for the public to view in order to properly make a decision if there are any flood zone changes to the affected property.

  2. Why are flood zone changes important to property owners?
    If your property is removed from the flood zone, it may eliminate the need for flood insurance as required by mortgage companies and could save you money. Unfortunately, for those small number of properties that weren’t previously mapped in the flood zone but are now included, these property owners need to obtain flood insurance to satisfy mortgage company requirements. You should not make any changes to your flood insurance until you speak with your mortgage or insurance provider.

  3. How Do I Find My Property on the Existing or New Preliminary Flood Maps?
    Current and preliminary flood maps can be found using the El Paso Map Change Viewer. Easy-to-follow instructions for using the viewer can be found here, and detailed instructions can be found in the El Paso Map Change Viewer Fact Sheet. (Spanish Version).

  4. How Do the Preliminary Flood Maps Affect New Construction?
    For unincorporated El Paso County, contact the Planning and Development Department at (915) 546-2015. For the City of El Paso, contact the Building and Development Permitting Division at (915) 212-1598.

  5. How Do the Preliminary Flood Maps Affect My Flood Insurance Requirement and Cost?
    Contact your insurance agent and visit the FloodSmart Flood Zone and Maps page. You can also review these fact sheets:
  6. How Do I Find Out More About Flood Insurance?
    Contact your insurance agent and visit FloodSmart. You can review the information in the following fact sheets:

 

Shared Use Mobility Devices

  1. Where can I ride?
    Operation of Shared Use Mobility Devices within City right-of-way shall be limited to the Downtown Plan Area, Streetcar Corridor Study Area. Operation of Shared Use Mobility Devices shall be limited to City right-of-way, including sidewalks and bike lanes.
    • Devices may only be operated on a hard surface such as concrete or asphalt. Operation of devices is not permitted on natural surfaces such as grass, gravel, screenings, or dirt.
    • In the absence of a bike lane, riders may ride on streets that have a speed limit of 35 miles per hour or less, and on sidewalks, including sidewalks adjacent to roads that have a speed limit over 35 miles per hour.

  2. What areas are prohibited?
    Operation of the devices is prohibited within the following areas:
    • Private property or property owned or controlled by any other governmental entity, school district, or institution of higher education, including but not limited to The University of Texas at El Paso (UTEP).
    • Public parks and plazas, including but not limited to San Jacinto Plaza.
    • State (TXDOT) right-of-way, including but not limited to Mesa Street, Paisano Drive, and Texas Avenue

  3. Who can ride?
    • Riders must be at least 18 years of age.
    • Riders must possess a valid driver’s license or other valid government-issued identification.
    • Riders may not have any passengers. Only one person may be on a device while in use.

  4. Where do I park?
    Shared Use Mobility Devices shall stand upright and stable when parked and shall be parked on a hard surface and may only be parked on sidewalks in a manner that does not impede normal and reasonable pedestrian access or travel on a sidewalk. Devices may be parked only in designated areas, defined as follows:
    • Any paved parkway or sidewalk five feet or more in width. Devices parked on a sidewalk may not reduce the minimum clear width of the sidewalk to less than four (4) feet.
    • Any designated drop zone as designated by the Planning and Inspections Director.

  5. Where am I not allowed to park?
    Shared Use Mobility Devices shall not be parked in prohibited areas, defined as follows:
    • Any portion of a public right-of-way used for vehicular travel or parking and alleys
    • Within or on sidewalks adjacent to any public parks or plazas, including but not limited to San Jacinto Plaza
    • Sidewalks less than five (5) feet in width
    • Shared Use Mobility Devices shall not be parked in a manner that impedes access to any of the following:
      • Building entryways
      • Vehicular entryways (e.g. driveways, parking garage entryways, et cetera)
      • Fire escapes
      • Railroad crossings
      • ADA accessibility
    • Shared Use Mobility Devices shall not be parked in the area immediately adjacent or impeding access to the following:
      • ADA accommodations including curb ramps, railings, and signal push buttons
      • Sidewalk cafés or street patios
      • Street furniture (including, but not limited to, benches, parking meters, parking pay stations, waste bins, and newspaper boxes)
      • Fire hydrants and Valet parking stands
      • Public transit shelters or stops
      • Drinking fountains and Public art
      • Any fixed regulatory or informational sign