Exemptions.
El Paso City Code § 19.01.030
in effect19.01.030 - Exemptions.
Exemptions. The following land divisions are exempt from the requirements of this article that apply to plats, provided that the applicant has an approved exemption determination application in accordance with Section 19.37.100:
1. The combining of two or more legally recorded lots into one parcel will not be required to be replatted into one lot provided all lots are permanently joined by a structure or improvements built over the property line(s) are in accordance with the zoning ordinance;
2. The division of a legally recorded lot into two portions and the combining of the portions of the lots with the adjacent lots on each side shall be allowed without replatting, provided each new lot complies with the zoning ordinance. The parcel line dividing the middle lot shall become the new lot line and the side setbacks required by zoning shall be measured from that line;
3. The split by metes and bounds and subsequent issuance of a permit for improvements upon a portion of a platted lot within a commercial unit development;
4. Provided, however, that on those parcels described in subsections 1., 2. and 3. above, no additional right-of-way or public easements must be dedicated, or public utilities or roadways must be constructed;
5. Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended, provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded;
6. Use of existing cemeteries complying with all state and local laws and regulations;
7. A division of land created by order of a court of competent jurisdiction, provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded prior to the issuance of permits;
8. Creation of a remainder tract in accordance with Section 19.02.060, provided such remainder tract is suitable for development in the future and does not make any other tracts undevelopable under current City of El Paso ordinances, and provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded prior to the issuance of permits;
9. Any development activity associated with a plat that conforms to the subdivision requirements set forth in this chapter;
10. Bona fide agricultural activities; and
11. Construction of agricultural accessory structures and related development activities.
12. The acquisition of land for the purpose of widening or extending public rights-of-way, stormwater drainage and water or wastewater infrastructure facilities.
13. The division of a legally subdivided and recorded lot in which a duplex is constructed, located in a district where duplexes are permitted may be resubdivided by metes and bounds into two separate lots, provided that the following requirements are met:
a. One dwelling unit of the duplex must remain on each separate lot at the time that the division is created;
b. The metes and bounds survey and survey map are prepared by a licensed surveyor of the State of Texas;
c. No panhandle lots or lots without access are created;
d. The metes and bounds survey and survey map shall be duly recorded and filed with the office of the El Paso County Clerk;
e. A copy of the recorded instrument shall be provided with all building permit applications; and
f. Any future building construction of dwelling units shall comply with all provisions of the zoning code.
14. Land to be used for electric company substations or minor utility facilities as defined in Title 20 of the City Code.
15. Construction of accessory buildings and additions of less than fifty percent of the total existing square footage of schools that were built at least thirty years prior to the date that the current submitted application is deemed complete.
(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 1, 12-15-2009; Ord. No. 17276, § 1, 2-16-2010; Ord. No. 18056, § 1, 7-16-2013; Ord. No. 18627, § 1, 2-7-2017; Ord. No. 19243, § 3, 10-12-2021)
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=TIT19SUDEPL_ART1PLPR_CH19.01PRAPALPLPR_19.01.030EXFetched: 10/28/2026