DRIVEWAYS

El Paso City Code tit. 13, ch. 13.12

in effect

El Paso City Code § 13.12.010 Definitions.

13.12.010 - Definitions. A. Words and Phrases Generally. Whenever any word or phrase used herein is not defined herein, but is defined in any other ordinance or state law, such definition shall be deemed to apply to such word or phrase used herein. B. Abandoned or Abandoned Driveway. For the purpose of this chapter a driveway shall be considered to be abandoned when either one or both of the following conditions exist: 1. When the adjacent property has been vacant and unused for any apparent purpose for a period of not less than six months; or 2. When buildings or other structures have been situated on the adjacent property in such manner as to prevent a vehicle from passing completely on to such property. C. "Commercial driveway" means any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area outside the street which is designed or intended for the parking of any commercial vehicle, or for the parking of more than three passenger vehicles. D. "Curb return" means that part of the curbing at an intersection or at a driveway which is rounded to form the connection between intersecting curblines. E. "Freeway or expressway" means any fully controlled access highway which is constructed in such manner as to prohibit any traffic intersections, with cross streets being built either under or over or terminating before entering such highway. F. "Frontage" means that portion of adjacent property contiguous to a street property line. For the purpose of this chapter, frontage shall be measured as the total distance over which the street right-of-way line and the lot or property lines are congruent, and shall include all lots or properties under the legal control of the applicant. G. "Frontage road" means any roadway parallel and adjacent to any freeway, the principal purpose of which is to provide for the transfer of vehicle traffic between the freeway and other streets. H. "Limited access or controlled access highway" means every street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the city council. I. For the purposes of this chapter, the term "ramp" means any roadway providing a connection between a freeway and a frontage road, irrespective of any difference in grade or elevation between such freeway and frontage road. J. "Residential driveway" means any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area designed or intended for the parking of not more than three passenger vehicles; provided, however, that driveways to gasoline service stations shall be considered as commercial driveways. K. "Safety zone" means that portion of the right-of-way between any two driveways. (Prior code § 19-30)

El Paso City Code § 13.12.020 Permit—Required.

13.12.020 - Permit—Required. A. Except as otherwise provided in this code, no person shall construct a driveway within the city limits without first obtaining a driveway construction permit from the permit official as hereinafter provided. B. No such permit shall be required for the construction of any driveways installed as a part of the paving or widening of any street in accordance with plans approved by the traffic engineer, and no permit shall be required for driveways when such driveways are included as a part of a building or construction plan. C. The permit official will issue driveway permits and will enforce the requirements of this chapter for all properties. D. Permits issued pursuant to this chapter shall be valid for six months from the date of issuance. (Ord. 16982 § 5 (part), 2008; Ord. 13956 §§ 20, 21, 1999; Ord. 13062 § 19, 1997; Ord. 12247 (part), 1995: Ord. 11707 § 1, 1993; prior code § 19-31) (Ord. No. 17391, § 9, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 13.12.030 Permit—Application—Generally.

13.12.030 - Permit—Application—Generally. Applications for driveway permits shall be made by the owner or lessee of the abutting property, or by a contractor representing the owner or lessee. Application by a contractor shall state the name of the owner or lessee whom he represents. (Prior code § 19-33)

El Paso City Code § 13.12.040 Permit—Application—Contents.

13.12.040 - Permit—Application—Contents. A. Application for such permit shall be made to the permit official as provided in Section 13.12.020(C) on forms provided by the city. Each such application shall show the address of the property where the driveway is to be located, the width of the driveway requested, the location of the driveway requested with respect to street intersections and private property lines, the location of any other existing driveways serving the same property, if any, and such other information as may be requested by the city. Additionally, an applicant requesting a driveway permit shall be responsible for contacting a "one call" notification system servicing the area, and will be required to furnish a verification number confirming that such a "one call" has been made a part of the application for permit. This requirement, however shall create no duty, express or implied, on the part of the city to verify that such a "one call" has been made by the applicant. B. No such permit shall be issued by the permit official until the location and design of the proposed construction has been approved by the traffic engineer, nor until curb and driveway grades and elevations have been approved by the permit official. (Ord. 16982 § 5 (part), 2008; Ord. 13956 §§ 22, 23, 1999; Ord. 13062 § 20, 1997; Ord. 12247 (part), 1995: Ord. 11707 § 2, 1993; prior code § 19-32) (Ord. No. 17391, § 9, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 13.12.050 Permit—Fee.

13.12.050 - Permit—Fee. A. The standard fee for a driveway permit shall be sixty dollars per curb cut. B. The total number of curb cuts on public property of all driveways proposed to serve any one property shall determine the required fee. C. Reinspection Fee. A fee of fifty dollars shall be required to be paid for each reinspection due to work failing to comply with this chapter or other applicable ordinances of the city, or the work was not ready for inspection when requested. A reinspection fee shall not be required to be paid when a reinspection may not be completed due to weather or other conditions not created by the applicant. (Ord. 15751 § 1, 2004: Ord. 12247 (part), 1995: Ord. 12111 § 2, 1994; Ord. 10800 § 1, 1991: prior code § 19-34)

El Paso City Code § 13.12.060 Indemnification.

13.12.060 - Indemnification. The grantee of any driveway permit shall hold harmless the city and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. (Prior code § 19-53)

El Paso City Code § 13.12.070 Permit—Relocation or alteration.

13.12.070 - Permit—Relocation or alteration. No driveway shall hereafter be relocated or structurally altered, nor any dimensions altered without a duly executed permit as set forth herein. (Prior code § 19-35)

El Paso City Code § 13.12.080 Materials.

13.12.080 - Materials. A. The grantee of any driveway permit shall furnish all materials necessary for the construction of the driveways authorized in the permit. B. All materials shall meet city specifications and shall be subject to approval by the permit official. (Ord. 16982 § 6 (part), 2008; Ord. 13956 § 24, 1999; Ord. 13152 § 119, 1997; Ord. 12247 (part), 1995: prior code § 19-39) (Ord. No. 17391, § 9, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 13.12.090 Location.

13.12.090 - Location. A. When measured at the curbline of the roadway, and perpendicular to the centerline thereof, no commercial driveway shall be located nearer than two and one-half feet to any property line; provided, that upon approval of the traffic engineer, driveways may be so situated as to serve more than one property if the total width of such driveway does not exceed thirty-five feet when measured as provided in Section 13.12.120. B. When measured at the curbline of the roadway and perpendicular to the centerline thereof, no driveway shall be located nearer than ten feet to any property line adjacent to or parallel to any intersecting street; provided, that when street property lines are described by curves, no driveway shall be located nearer than five feet to the end of such curved property line. C. When the street abutting the property to be served by any driveway is a frontage road to any freeway, no commercial driveway shall be located so that the centerline thereof is nearer than seventy-five feet to the intersection of the centerline of any ramp with the curbline of said frontage road. (Prior code § 19-40)

El Paso City Code § 13.12.095 Slopes.

13.12.095 - Slopes. All driveways shall extend from any public or private street, alley pavement or curbline to any garage, carport or parking space. A minimum parking space length of twenty feet measured from the property line to a garage, carport or parking space shall be provided. The slope of a driveway from the face of the curb at the gutter to any garage, carport or parking space shall be no greater than ten percent for the first twelve feet, and not greater than fourteen percent thereafter. The vertical transition of the driveway shall be designed to prevent contact of any vehicle undercarriage or bumper with the surface. Provided, however, that any provision within this section may be modified upon approval of the permit official. (Ord. 16982 § 6 (part), 2008; Ord. 13956 § 25, 1999: Ord. 13152 § 120, 1997: Ord. 12247 (part), 1995: Ord. 10800 § 2, 1991) (Ord. No. 17391, § 9, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 13.12.100 Angle of intersection of roadway.

13.12.100 - Angle of intersection of roadway. The interior angle formed by the intersection of the centerline of the roadway and the centerline of the driveway shall be not more than ninety degrees and not less than forty-five degrees. (Prior code § 19-41)

El Paso City Code § 13.12.110 Flaring at intersection of roadway.

13.12.110 - Flaring at intersection of roadway. Where the driveway and the roadway pavement meet, flaring of the driveway shall be permitted to allow safe easy turning of the vehicle either into or out of the property. The radius of the flare shall be as long as practical to provide free and safe turning movements, but shall in no case be less than two and one-half feet. For the purpose of this chapter, flares may be provided either by sloping the street curb, or by providing curb returns. (Prior code § 19-43)

El Paso City Code § 13.12.120 Width.

13.12.120 - Width. A. The width of a commercial driveway where it crosses the property line shall be not less than fifteen feet nor more than thirty-five feet measured at right angles to the centerline of the driveway; provided, however, the minimum width of a two-way driveway shall be twenty-five feet. B. The width of a residential driveway where it crosses the property line shall be not less than twelve feet nor more than twenty-four feet when measured at right angles to the centerline of the driveway; provided, that the driveway width may be decreased to ten feet at the property line. The width of a residential driveway may be increased to a maximum of thirty feet when it is proposed to serve a three-car garage or when the overwidth is needed to store a recreation vehicle, trailer, boat, etc. off the public street and on private property; provided, that such storage of a recreation vehicle, trailer, boat, etc., will not constitute a visual obstruction to the driving public. (Ord. 8746 § 1, 1986: prior code § 19-42)

El Paso City Code § 13.12.130 Municipal facilities.

13.12.130 - Municipal facilities. No driveway shall be permitted to encompass or encroach upon any municipal facility. The relocation of the municipal facilities may be authorized, however, if the construction of a driveway as authorized herein shall encroach thereon, and such relocation shall be completed by and at the expense of the owner or lessee of the adjacent property. Any work done in such relocation shall be done in accordance with the specifications of the city department or public utility having control of the facility to be relocated. (Prior code § 19-44)

El Paso City Code § 13.12.140 Intermediate island.

13.12.140 - Intermediate island. Between any two driveways serving the same property there shall be an intermediate island within the right-of-way. Such islands shall measure not less than six feet along the property line, and not less than fifteen feet along the curbline or edge of pavement of the street. (Prior code § 19-45)

El Paso City Code § 13.12.150 Service stations for motor vehicles.

13.12.150 - Service stations for motor vehicles. No service pump island, vendor stand, tank or water hydrant, or any other device or structure designed or intended to be used to service motor vehicles shall be erected within twelve feet of the street right-of-way; provided, that in instances where the lot size, shape or other physical characteristic makes this requirement impractical, the traffic engineer may reduce this requirement, but in no case shall this requirement be reduced to less than ten feet. Any such authorization shall be obtained from the traffic engineer in writing before any permit is issued. (Prior code § 19-46)

El Paso City Code § 13.12.160 Parking areas.

13.12.160 - Parking areas. Where the area immediately behind and adjacent to the street right-of-way is to be used as a vehicle parking area, curbs or other barriers shall be installed as may be required by the traffic engineer to prohibit such parked vehicles from extending into the right-of-way. Curbs or other barriers so required not less than six inches high, and shall be located not less than three feet from the right-of-way line on the adjacent property, except that walls or fences over twenty-four inches high may be situated on the property line. (Prior code § 19-47)

El Paso City Code § 13.12.170 Drainage structures.

13.12.170 - Drainage structures. Drainage in gutters or side ditches shall not be altered or impeded. When drainage structures are required, the size of opening and other design features shall be approved by the permit official before any permit is issued. (Ord. 16982 § 6 (part), 2008; Ord. 13956 § 26, 1999: Ord. 13152 § 121, 1997: prior code § 19-48) (Ord. No. 17391, § 9, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 13.12.180 Access by handicapped.

13.12.180 - Access by handicapped. Driveways shall be designed and constructed in such a manner that the safe and convenient movement across the driveways by physically handicapped persons, including those in wheelchairs, shall not be impeded. (Prior code § 19-48.1)

El Paso City Code § 13.12.190 Driveway abandonment.

13.12.190 - Driveway abandonment. A. When a driveway has been abandoned within the meaning of Section 13.12.010, the traffic engineer may order the replacement of curbing and/or sidewalk so as to effectively close such driveways. B. When any such driveway is to be closed for the reasons set forth in subsection A of this section, the traffic engineer shall notify the property owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. C. If within thirty days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the notification, such work may be done by the city and all costs thereof assessed to the property. (Prior code § 19-49)

El Paso City Code § 13.12.200 Curbing required.

13.12.200 - Curbing required. A. No building permit shall hereafter be issued for the construction of any building designed or intended to be used for commercial purposes unless the construction plans for such structure indicate the installation of curbing where such is not already in place, and of driveways, if any are required, in accordance with the regulations set forth herein. B. In those cases where the grade and/or location of the permanent street curb cannot be established because of existing conditions, the curbs required to be shown on the plans need not be installed until such time as such curb is constructed by or at the instance of the city; provided, that construction of temporary curbs may be authorized pending establishment of grades and locations of permanent curbs. C. Where required, sidewalks shall extend to the street curbline of the intersecting street. Sidewalks may be required on both the side and front streets when the need thereof exists in the opinion of the city council. (Prior code § 19-50)

El Paso City Code § 13.12.210 Variances.

13.12.210 - Variances. Where special conditions exist, or where practical difficulties in the development and adequate use of land would result from the literal enforcement of the terms of this chapter, the traffic engineer is hereby authorized to vary the requirements herein set forth, provided that any such variances granted shall be in harmony with the general intent of this chapter, and consistent with the public interest, safety and general welfare. Any substantial variances shall be in writing and shall be specifically set forth in the permit issued. (Prior code § 19-51)

El Paso City Code § 13.12.220 Maintenance.

13.12.220 - Maintenance. The maintenance of any driveway shall be the responsibility of the adjacent property owner. (Prior code § 19-36)

El Paso City Code § 13.12.230 Clarification regulations.

13.12.230 - Clarification regulations. For more ready understanding of the requirements set forth in this chapter there is attached hereto, and by this reference made a part hereof, a drawing entitled "DRIVEWAY REGULATIONS," copies of which shall be made available to any interested party by the traffic engineer. (Prior code § 19-54)

El Paso City Code § 13.12.240 Inspections.

13.12.240 - Inspections. The city reserves the right to inspect driveways at the time of construction and to require such changes as may be necessary to make the construction conform to city requirements. At any time after the construction of any driveway, the city reserves the right to inspect such driveway and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the adjacent property owner. (Prior code § 19-37)

El Paso City Code § 13.12.250 Appeals.

13.12.250 - Appeals. In the event that any application is rejected under the provisions of this chapter, the applicant therefor may appeal such decision to the city council. All such appeals shall be made in writing, and shall be submitted to the city clerk within ten days of notification that his original application has been denied. (Prior code § 19-52)

El Paso City Code § 13.12.260 Violation—Penalty.

13.12.260 - Violation—Penalty. Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding five hundred dollars; and if such violation shall be continuing, each day's violation shall constitute a separate offense. (Ord. 9430 § 10, 1988: prior code § 19-55)

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=TIT13STSIPUPL_CH13.12DRFetched: 10/28/2026