Disabled group dwelling.
El Paso City Code § 20.10.175
in effect20.10.175 - Disabled group dwelling.
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)
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_20.10.175DIGRDWFetched: 10/28/2026