AIRPORT ZONING

El Paso City Code tit. 14, ch. 14.08

in effect

El Paso City Code § 14.08.010 Definitions.

14.08.010 - Definitions. As used in this chapter, unless the context otherwise requires: "Airport hazard" is any temporary or permanent structure, including all appurtenances, that pose a hazard as defined by FAA AC 70/7460-1L or successor regulations. "Movement area" means the runways, taxiways, and other areas of an airport that are used for taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and parking areas. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.020 Airport zone map.

14.08.020 - Airport zone map. In order to carry out the purposes of this chapter, the area referenced herewith covers all the land within five miles of the landing area of the airport and within the territory of the United States of America. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.030 Height limits.

14.08.030 - Height limits. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained within the airport zone map to a height in excess of the applicable elevations (elevation above mean sea level as established by the United States Coast and Geodetic Survey) shown on the Part 77 Surfaces map as approved by the FAA within the El Paso International Airport. Height and clearance shall be determined in accordance with FAA Part 77 rule adherence. Proposed construction of objects shall follow all required notification (Form 7460-1, or most current, submittal) and lighting in accordance with the FAA. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.040 Use restrictions.

14.08.040 - Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land within the airport zone map, in such a manner as to create electrical or other interference with radio or other (including cyber) communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking-off or maneuvering of aircraft or other vehicles that utilize the airport. Land use shall be restricted within the vicinity of the airport in accordance with federal, state, and local rules and regulations to ensure compatible land use surrounding the airport. The purpose of the use restrictions is to prevent interference with the state and efficient operations of the airport to provide air service. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.050 Nonconforming uses and structures.

14.08.050 - Nonconforming uses and structures. Nonconforming uses and structures shall not be permitted within the vicinity of the airport unless prior approval is received in accordance with federal, state, and local rules and regulations. The regulations prescribed in Sections 14.08.030 and 14.08.040 shall not be construed to require the removal, lowering or other change or alteration of any structure, including all phases or elements of a multiphase structure, regardless of whether actual construction has commenced, or object of natural growth not conforming to the regulations on the date of the adoption of the regulations herein, or otherwise interfere with the continuance of any registered nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure the construction or alteration of which was begun prior to the effective date of the regulations herein, and is diligently prosecuted and completed within two years thereof and any exclusion authorized by the FAA or authorized designee. However, lighting may be required as deemed necessary by the FAA or the airport pursuant to Section 14.08.070. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.060 Variances.

14.08.060 - Variances. Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this chapter, may apply for a variance to the board of adjustment as provided in this chapter. Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this chapter. Variances can be considered provided that deviations from this article do not impact air navigation. As part of the variance application process, the FAA airspace analysis must be completed. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.070 Hazard marking and lighting.

14.08.070 - Hazard marking and lighting. Any variance granted under Section 14.08.060 may, if such action is deemed advisable to effectuate the purposes of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, or permit the city at its own expense, to install, operate and maintain thereof such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Hazard marking and lighting shall be in accordance with Federal Aviation Administration Advisory Circular 70/7460-1L, or its successor, as determined by the Federal Aviation during the filing of the FAA Form 7460-1. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.080 Board of adjustment—Powers and duties.

14.08.080 - Board of adjustment—Powers and duties. A. The board of adjustment shall have the powers as outlined in Article 2.16 in addition to: 1. To hear and decide appeals from any order, requirements, decision or determination made by the zoning administrator in the enforcement of this chapter; 2. To hear and decide variances to the terms of this chapter. B. The board of adjustment for the City, created pursuant to Chapter 2.16 of this Code, shall act as the airport board of adjustment and shall, when acting as the airport board of adjustment, follow the same procedures and guidelines for the conduct of its meetings as when it functions as the board of adjustment for the city. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.090 Appeals to board of adjustment.

14.08.090 - Appeals to board of adjustment. Appeals to this title shall follow those more particularly described in Section 2.16.040, and shall be in accordance with the provisions of Section 241.036 of the Texas Local Government Code. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.100 Appeals to district court.

14.08.100 - Appeals to district court. Any person aggrieved, or taxpayer affected, by any decision of the board of adjustment may appeal to the district court of the judicial district wherein the airport is located, as provided by statute. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.110 Administrative officer designated.

14.08.110 - Administrative officer designated. The zoning administrator is designated the administrative officer charged with the duty of administering and enforcing the regulations herein prescribed. The duties of the zoning administrator shall include processing all applications for variances under Section 14.08.060, but the zoning administrator shall not have or exercise any of the powers or duties herein delegated to the board of adjustment. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.120 Enforcement and remedies.

14.08.120 - Enforcement and remedies. The city, separately, or in conjunction with the county, may institute in the district court of the judicial district wherein the airport is located, an action to prevent, restrain, correct or abate any violation of this chapter, or any regulations, orders, ordinances, resolutions or rulings promulgated or made pursuant to this chapter, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise as may be proper under all the facts and circumstances of the case, in order to effectuate the purposes of this chapter and of the regulations adopted and orders, resolutions and rulings made pursuant hereto. (Ord. No. 19007, § 1, 12-17-2019)

El Paso City Code § 14.08.130 Conflicting regulations.

14.08.130 - Conflicting regulations. Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation under this El Paso City Code, the provisions of this chapter shall govern, pursuant to FAA regulations. (Ord. No. 19007, § 1, 12-17-2019)

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=TIT14AIAI_CH14.08AIZOFetched: 10/28/2026