Neighborhood conservancy overlay.
El Paso City Code § 20.10.400
in effect20.10.400 - Neighborhood conservancy overlay.
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)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.10SUUSRE_20.10.400NECOOVFetched: 10/28/2026