Special privilege licenses and permits.
El Paso City Code § 15.08.120
in effect15.08.120 - Special privilege licenses and permits.
A. Where applicable. The city may grant a special privilege license or permit for use of public right-of-way for specified uses. For purposes of this section, the term "public right-of-way" means the area within a public street or alley, including the sidewalk, parkway and roadway surface, whether paved or unpaved, and areas within public easements or rights-of-way for drainage or other purposes. Where a use is proposed on public right-of-way designated as a state or federal highway or road, approval from the Texas Department of Transportation (TXDOT) shall be required prior to approval by the permit official. Permanent encroachments on state highways shall be prohibited.
1. General authority.
a. City council has final authority over special privilege licenses (hereinafter called "licenses") under this section. Assignments and renewals may be granted administratively by the city manager.
b. The permit official as defined in Section 15.08.011 (Definitions) has final authority over special privilege permits and renewals (hereinafter called "permits") under this section.
2. The permit official shall require recording of instruments granting rights under this chapter in the official public records of real property of the county in which the land is situated. Applicant shall pay the recording cost.
3. Terms. Licenses and temporary permits have stated durations and are terminable according to the terms specified within the license or permit granting the use.
4. Grantees of licenses or permits under this section must maintain any structure, covering or appurtenance and the accompanying structural members extending over, under, or on public right-of-way, or other city property in good repair and condition and shall not create a nuisance or safety hazard therefrom. All such encroachments, when constructed, repaired or renovated, shall comply with all applicable codes of the City of El Paso as adopted and as may be amended. The city reserves the right to remove structures not properly maintained within the public right-of-way at grantee's expense.
5. Grantees of licenses or permits under this section shall indemnify, defend and hold harmless the city, its officers, agents, servants and employees for and against all claims, causes of action, liability, damages or expenses (including but not limited to attorney fees and costs) for any damage or loss of property, illness, injury, physical or mental impairment, loss of service, or death to any person arising out of or related to the license or permit. This section controls even if the agreement provides otherwise, unless an ordinance expressly states that city council intends to override this section as to the particular use by the particular applicant. The indemnity specifically covers the city's own negligence, whether joint or sole. Entities that may not lawfully grant indemnities or may not lawfully be required to do so by the city need not grant the indemnity provided for in this section.
6. Licenses and permits granted under this section shall not relieve the applicant of complying with any other approvals, permits, or licenses required by the city or other governmental agencies. No permit or license shall be granted if the use impairs the primary public purpose of the public rights-of-way.
7. Terms and conditions—Right of termination reserved by city.
a. The permit official retains the right to terminate a license or permit whenever in its judgment revocation is necessary to secure efficiency of public service at reasonable rates or to assure that the property is maintained in good order throughout the term of the license.
b. Upon termination of the license or permit, at the option of the city, Grantee(s) shall remove any improvements and return the right-of-way to its original condition, or the city shall have the option of accepting the improvements, such improvements shall become the property of the city.
c. Breach by grantee(s). If grantee(s) fails to fulfill any of the conditions stated in the license ordinance, city council may terminate the license or permit after reasonable notice and hearing.
8. No structures shall be placed on any El Paso Water Utilities water meters, water valves, sanitary sewer manhole covers nor within a five-foot radius of any existing fire appurtenance.
B. Application required. To acquire licenses or permits under this chapter, an applicant shall submit the following to the permit official, and follow the procedures prescribed by this section.
1. One application for a license or permit shall be made in writing or submitted electronically on a form prescribed by the permit official, which must be completed in accordance with the instructions provided on/with the application;
2. One location map, accurately outlining the public rights-of-way or easement(s) upon which an encroachment is proposed.
3. A digital copy of the proposed plan of the public right-of-way or public easement, drawn to scale, showing the following:
a. Size, location, arrangements of existing structures and improvements on the public rights-of-way or easements;
b. Size, location, arrangements and dimensions of proposed improvements to be located on the public rights-of-way or easements;
c. Elevations or perspective of the buildings showing all existing and proposed encroachments;
4. Proof of ownership (warranty deed, title commitment, etc.).
5. A sealed written metes and bounds description and survey, of the public rights-of-way or easements if permanent structures are proposed.
6. A transmittal letter including specific information, special circumstances or conditions, which apply to the request.
7. A certificate of liability insurance or self-insured affidavit in accordance with subsection G (insurance required) of this chapter.
8. Upon review for completeness and acceptance of the application by the permit official, the applicant shall pay the established processing fee for the special privilege license or permit as prescribed in subsection F.1 of this chapter. The processing fee is non-refundable.
C. Procedure for a license. The application and related materials are distributed to the affected city departments, which will make recommendations for approval or denial of the request within two weeks of the date of distribution.
1. Upon an approval recommendation by the departments, the permit official shall prepare an ordinance containing the terms and conditions of the license. Once signed by the applicant(s), the ordinance will be introduced and scheduled for public hearing for city council consideration.
2. Upon denial recommendation of the departments, no ordinance will be prepared, and a written notice of denial of the license request will be provided to the applicant
3. Appeals process.
a. An applicant may appeal the denial of an application in writing within ten calendar days after notice of the denial has been received, by submitting a written request to the permit official. The notice of appeal must contain a written statement of the reasons the final decision is erroneous or any other documents supporting the position of the appellant.
b. Within thirty calendar days of receipt of the appeal, the permit official shall present the appeal to city council. All documents submitted by the appellant shall be provided to city council along with any documentation the permit official deems relevant for rendering a decision. The applicant shall have the right to be present and address the city at said city council meeting.
c. The city council may deny the appeal for a license or may direct the preparation of the ordinance. City council's decision to grant a license or deny the appeal shall be based solely on the standards set forth in this chapter. The decision of the city council is final.
4. Approval by city council. If, in the judgment of city council, the requested use is not inconsistent with and does not unreasonably impair the public use of the right-of-way, city council may, by ordinance, approve the license. As an express condition of the license, city council may impose development standards to mitigate the encroachment onto public right-of-way, to improve safety and aesthetics, and/or to insure compatibility with adjacent structures and uses.
D. Procedure for a permit.
1. Permit applications and related materials will be forwarded to the affected departments, which will make a recommendation for approval or denial of the request within 7 days of the date of distribution.
2. Upon approval recommendation by the affected departments, the permit official may issue the permit provided the use meets the development standards enumerated in this section. Each of the development standards for specified uses ensures the specified requested use is not inconsistent with and does not unreasonably impair public use of right-of-way and mitigates the encroachment onto public right-of-way, provides safety and aesthetics to adjacent uses, and insures compatibility with adjacent structures and uses.
3. Upon denial recommendation by the affected departments, the permit official shall deny issuance of the permit.
4. Appeals process.
a. An applicant may appeal the denial of an application in writing within ten calendar days after notice of the denial has been received, by submitting a written request to the permit official. Within ten business days, the appeals official, as described in Section 15.08.011 (Definitions) shall hold a hearing on whether to issue the permit or uphold the denial. The applicant shall have the right to present evidence at said hearing and to question appropriate city officials. The decision to issue the permit or uphold the denial shall be based solely on the approval criteria set forth in this chapter. The appeals official shall render a decision on the appeal within five business days after the date of the hearing. In the event that the purpose of the proposed event is a spontaneous response to a current event, or where other good and compelling causes are shown, the appeals official shall reasonably attempt to conduct the hearing and render a decision on the appeal as expeditiously as is practicable.
b. The decision of the appeals official is subject to review by city council. The applicant shall submit a written request to the permit official, who shall forward the request for placement on the agenda of the next available regular city council meeting in compliance with all ordinances and statutes relating to the placement of items on the city council agenda and the posting of the agenda. The decision to issue or uphold the denial shall be based solely on the approval criteria set forth in this chapter. The decision of the city council is final.
E. Types of encroachments. Any one or more of the activities, improvements, facilities or uses on public right-of-way in Table 1-1 may be granted a license or a permit:
Table 1-1
Type of Encroachment | Authorizing Instrument | Term | Additional Requirements
1. Aerial encroachments
a. Awnings, canopies, galleries and arcades | Permit | One—five years | See Section I
c. Temporary street displays | Permit | One Week—Six Months | See Section K
d. Banner program | Permit | Six months—five years | See Section L
e. A pedestrian sky-walk | License | License denotes term | Meets all applicable city, state and federal requirements.
f. Signs | Permit | One—five years | See Section M
g. Pipelines, transmission lines or cables | License | License denotes term | Meets all applicable city, state and federal requirements
h. Other overhead encroachments not specified herein | License | License denotes term | Meets all applicable city, state and federal requirements
2. Surface encroachments
a. Sidewalk Cafe | Permit | One—ten years | See Section N
b. Street furniture (includes but is not limited to, benches, bollards, waste containers, lighting, shelters, outdoor pavilions, and other streetscape components providing convenience, safety and access to activities, amenities and location information) | Permit | One—ten years | See Section J
c. Ornamental gates, columns or other ornamental works of iron, wood, masonry, earth or other materials denoting the entrance to a neighborhood or subdivision | Permit | One time no renewal required | Improvements may display the name of the subdivision or neighborhood but shall contain no commercial advertising or other signage.
d. Façades, ornamental gates, columns or other works of iron, wood, masonry, earth or other materials | Permit | One time no renewal required | Improvements shall not impede pedestrian paths of travel and shall be ADA/TAS Compliant. Improvements shall not impede the visibility triangle of the property
e. Taxi-stand | License | One year. Annual renewal required | See standards in Title 6, Chapter 6.16 (Taxicabs) of the City Code
f. Supportive or decorative columns, arches, or other structural or decorative features of any historically significant building or structure | Permit | One time no renewal required | Historic preservation officer/HLC shall approve all applications prior to issuance of a permit.
g. Reserved.
h. Building or other structural encroachment when vacation of the public right-of-way is not in the best interest of the public | Permit | Maximum fifteen years | See Section P.
i. Food vending concessions within the downtown area | License | License denotes term | See Section Q.
j. Accessibility ramps required by the City building code | Permit | One time no renewal required | Shall comply with the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS).
k. Pipelines, transmission lines or cables | License | License denotes term | Does not unreasonably impair the public use of the right-of-way and meets all applicable city, state and federal requirements.
l. Outdoor pay telephones | License | License denotes term | Renewals of existing licenses and new non-certificated, franchised telephone companies only.
m. Stairways | Permit | One time no renewal Required | Construction, installation and maintenance shall comply with all applicable City, State, and Federal requirements.
n. Signs | Permit | One—five years | See Section M.
o. Sidewalk retail vending | Permit or license | One-five years | See Section R.
p. Other surface encroachments not specified herein | License | License denotes term | Does not unreasonably impair the public use of the right-of-way and meets all applicable city, state and federal requirements.
q. Parking Parklet | Permit | One year | See Section O.
3. Subsurface encroachments
a. Underground storage vault or basement structure | Permit | One time no renewal required | Does not unreasonably impair the public use of the right-of-way and meets all applicable building code standards.
b. Pipelines, transmission lines, cables or storage tank | License | License denotes term | Does not unreasonably impair the public use of the right-of-way and meets all applicable city, state and federal requirements.
c. Other subsurface encroachments not specified herein | License | License denotes term | Does not unreasonably impair the public use of the right-of-way and meets all applicable city, state and federal requirements.
F. Fees.
1. The established application processing fee shall accompany all applications for a license or permit. This fee shall be nonrefundable, regardless of ultimate action by the city council or the permit official, and shall be in addition to other charges for a particular licensed or permitted use.
a. Applicants shall pay the established annual fee for each license or permit.
(1) The established fee for the first year of the license or permit shall be paid prior to consideration of the license request by city council or issuance of the permit by the permit official. This fee shall be refunded within fifteen days if the request is denied.
(2) When the term of the license or permit exceeds one year, the established annual fee shall be paid each year on or before the anniversary date of approval.
(3) For licenses or permits exceeding one year, applicants shall have the option of paying the established fee for the entire term of the license or permit at a three percent discount, if paid in full prior to the time of approval. Applicants exercising the option to pre pay the established fee for the entire term of the license or permit shall be entitled to a refund of the total amount paid for the entire term of the license if the license or permit is denied. However, applicants shall not be entitled to a refund if after the license or permit is granted, it is later terminated prior to expiration.
2. Fees within areas designated in this section shall have a separate established fee. Payments shall be made as stated in subsection F.1. of this section.
a. Reserved.
b. Rapid transit system (RTS) corridors adopted by city council in 2009 and as amended in 2010.
c. Properties municipally zoned Smart Code (SCZ), designated as transit oriented development (TOD) overlays, or any additional specially designated overlay districts which specifically establish separate fees for special privilege licenses or permits.
3. For any special privilege license or permit not listed in Table 1-1 of this section, applicants shall pay the established fee for "other special privileges" which shall be no less than one thousand dollars per year.
a. In the event the city and applicant find the established fee for a special privilege not listed in Table 1-1 unreasonable, an alternative fee as agreed to by the parties may be permitted upon approval by city council.
4. The annual fees shall remain the same for a period of one year from the date the license or permit is granted and are subject to change after each one year period the license or permit remains in effect. Whether or not stated in this section, the city council retains the right to increase or decrease the annual fee specified in this section.
5. The established annual fee for any special privilege license or permit located in a Tax Increment Reinvestment Zone of the City of El Paso, Texas may be reduced or waived as determined by city council.
G. Insurance required. As a condition of the license or permit, the grantees shall agree to indemnify, defend and hold harmless the city, its officers, agents, servants and employees from any and all claims, loss, damages, causes of action, suits and liability of every kind, including all expenses of litigation for injury or death of any person, or for damages to any property arising out of or in connection with grantee's use of the public right-of-way regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the city.
1. No license or permit shall be granted by the city unless grantee files a copy with the planning and inspections department and financial services a certificate of liability insurance accompanied by a copy of the policy of insurance as prescribed by the risk management of the City of El Paso.
2. Grantee(s) shall maintain said insurance with a solvent insurance company authorized to do business in Texas. The policy shall provide that the insurer will defend against all claims and lawsuits which arise and pay any judgment of a court of competent jurisdiction against the city, its officers, agents, servants or employees and grantee(s) their officers, agents, servants or employees as additional insureds to the full amount of the policy limits. The policy of insurance shall name the grantee and the city as insureds to the full amount of the policy limits.
3. Such policy or certificate shall provide that the insurance cannot be cancelled, or the amount of coverage changed without thirty days prior written notice to the city's planning and inspections department and financial services, or ten days prior written notice for cancellation based on non-payment of insurance premiums.
4. Failure to keep the policy in full force and effect throughout the term of the license shall be grounds for cancellation. Certificates of insurance that state the insurer shall endeavor to give notice and/or that there shall be no liability for failure to give notice required therein shall not meet the minimum requirements of this section.
H. Exceptions. The following activities, improvements, facilities, or uses on public right-of-way shall not require a license or permit as herein provided:
1. City owned and maintained transit bus shelters and other related amenities for the convenience of the public;
2. Decorative landscaping as defined in Chapter 18.46.050 (Definitions), under the following circumstances:
a. Median as defined in Chapter 19.50.030 (Definitions). Landscaping complying with the provisions of Section 12.68.060 (Planting in arterial and local street medians), Chapter 21.50.110 (Landscape Standards) and Chapter 13.16 (Insurance requirements for work within right-of-way of public streets and alleys).
b. Parkway as defined in Chapter 19.50.030 (Definitions).
(1) Abutting a local or arterial street as defined in Title 19 (Subdivisions), and not subject to the provisions of Chapter 18.46 (Landscape standards) or Chapter 21.50.110 (Landscape Standards).
(2) Abutting a local or arterial street as defined in Title 19 (Subdivisions), and subject to the provisions of Chapter 18.46 (Landscape) or Section 21.50.110 (Landscape Standards).
c. Installation and maintenance. Landscaping of medians and parkways is encouraged; however, nothing in this section shall be deemed to require such landscaping. In all instances where a property owner or other entity landscapes a parkway or median, such property owner or other entity shall be responsible for furnishing, installing and maintaining all such landscaping, including costs for irrigation systems, water meters, and associated water consumption;
3. A temporary street closure or use of right-of-way for activities such as, but not limited to, parades, public assemblies, block parties, marches, and athletic events, provided the City has issued a permit for such use as authorized under Chapters 13.32 (Temporary Events), Chapter 13.36 (Parades and Public Assemblies), and Chapter 13.38 (Special Events).
4. Temporary commercial filmmaking activities for a period of forty-eight hours or less, provided that the city has issued a permit for such activity as authorized under Chapter 13.30 (Film Making Events).
5. Encroachments such as, but not limited to, newspaper racks, benches, waste containers, and public utility facilities where the city has granted a franchise or lease permitting such use of the public right-of-way provided they comply with subsection J. (Street Furniture) of this chapter.
6. Bicycle racks installed to meet the requirements of off-street parking and loadings standards of Section 20.14 Article II (Bicycle Parking) complying with subsection J. (Street Furniture) of this chapter.
7. The temporary use of streets or public property for the storage or handling of materials or of equipment required for construction or demolition complying with Chapter 18.08 (Building Code).
8. Encroachments such as, but not limited to, bay windows, fire escapes, and cornices that comply with Chapter 18.08 (Building Code).
9. The temporary use of public right-of-way or public property for the drilling of monitoring wells complying with Chapter 13.08 (Excavations).
10. City sponsored temporary street displays, kiosks, or banner programs;
11. Memorial markers, provided that the placement of such markers are approved by the city and comply with the policies and procedures established by the director of transportation.
12. Signs may be located in the public right-of-way without the requirement of a sign permit or a special privilege, which meet the following criteria:
a. The sign is a framed, portable two-sided (message on both sides), single panel style or two connected single panels ("A-frame" or "tent style");
b. The frame of the sign is constructed entirely of wood and/or metal enclosing the sign panel(s), except that non-commercial signs as defined in Section 20.18.050 (Definitions) shall be exempt from this requirement;
c. The face of the sign is constructed of wood, metal, plastic or hardboard material;
d. The face of the sign is no larger than five square feet;
e. The sign area is no greater than nine square feet, and does not exceed thirty-six inches in height in any direction;
f. The sign is located within the parkway and is not permitted in the median;
g. The sign is freestanding, without requiring staking into the ground;
h. The sign does not include any lighting;
i. The sign is located within the parkway within the hours of 6:00 a.m. and 8:00 p.m.; and
j. The sign owner shall be responsible for all claims, causes of action, liability, damages and/or expenses for any damage to or loss of any property, or any injury to any person, resulting from use of city right-of-way.
k. The sign may not be placed closer than twenty feet to a waste container placed in the right-of-way pursuant to a franchise agreement issued by the city.
l. The sign may not be placed in that area of a triangle formed by the intersecting property lines and a diagonal line joining the property line at points twenty feet from their intersection of any corner lot.
13. For properties with zero-lot lines, wall signs that are flush mounted on a facade that project less than eighteen inches and meet the standards of Chapter 20.18 (Signs).
14. Arcades and galleries as defined in Chapter 21.70.010 (Definitions), awnings and canopies constructed pursuant to Chapter 21.50.070 (Building Configuration).
15. Arcades, awnings, canopies and galleries that comply with subsection I. (Awnings, Canopies, Galleries and Arcades) of this chapter.
16. Open porches, balconies and bay windows pursuant to Chapter 21.50.070 (Building Configuration).
17. Wayfinding signs approved by the City of El Paso in accordance with Section 15.08.140.
18. Stairways and handicap ramps that comply with Chapter 18.08 (Building Code) and/or are required to provide TAS/ADA access to a building legally existing for forty years or longer.
19. Bicycle racks installed pursuant to the terms of an interlocal agreement provided that the interlocal agreement allows for the installation of bicycle racks on the public right-of-way and the bicycle racks and the installation of the bicycle racks comply with the terms of the interlocal agreement and all other applicable ordinance requirements.
I. Arcades, awnings, canopies and galleries.
1. Definitions.
a. Arcade: A private frontage conventional for retail use wherein the façade is colonnade that overlaps the sidewalk, where the façade at the sidewalk level remains at the frontage line.
b. Awning: A rooflike shelter of canvas or other material extending over a doorway, from the top of the doorway, from the top of a window.
c. Canopy: An overhanging projection or covering, as a long awning stretching from the doorway of a building to the curb.
d. Gallery: A private frontage conventional for retail use wherein the façade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.
2. Application.
a. Scaled architectural drawing(s) showing front and side elevations must be in keeping with the original architectural design of the structure involved for historical correctness.
b. An engineering certification on the structural design and wind loading capability based on the current edition of the adopted Building Code.
3. Location.
a. Protection of healthy, mature street trees shall take precedence over providing awnings, canopies, galleries or arcades.
b. Awnings and canopies shall be placed within window bays and must not cover piers or other architectural details of the principle building.
c. A minimum distance of eight feet between the sidewalk and the lowest portion of the structure of the awning, canopy, gallery or arcade.
d. A minimum distance of seven feet between the sidewalk and the bottom edge of an awning's valence.
e. A minimum setback of two feet between the face of the curb and the closest portion of the awning, canopy gallery or arcade.
f. A minimum distance of three feet between the face of the building and the closest portion of the outside of the awning or canopy.
g. A minimum clear area of two feet measured perpendicular to the curb face and five feet measured parallel to the curb face between the closest portion of a street element over seven feet in height, including tree branches, and the closest portion of the awning, canopy, gallery or arcade.
h. Ten feet minimum between the interior walls of the gallery which shall be open at both ends and connected to the adjacent sidewalks.
i. Twelve feet minimum between the interior walls of the arcade which shall be open at both ends and connected to the adjacent sidewalks.
4. Other standards.
a. Awnings and canopies shall be constructed of durable materials such as canvas, metal and/or glass and shall be anchored in a manner to preserve the architectural integrity of the façade (anchoring into mortar joints).
b. Galleries and arcades shall be constructed of materials similar to those used on the principal building.
c. Lighting placed within the awnings, canopies, galleries and arcades shall be placed in a manner so as to be screened from view at the street.
J. Street furniture. For purposes of this section, street furniture shall include benches, seat walls, planters, bicycle racks, newspaper racks, waste and recycling receptacles.
1. Street furniture shall compliment the building's architecture, shall not encroach into the pedestrian pathway and shall be maintained by the property owners.
2. Benches.
a. Benches parallel to the curb face shall face towards the pedestrian pathway.
b. Benches perpendicular to the curb face shall face another bench in a social arrangement with a distance of five and one-half feet between benches.
c. A minimum of two feet between the face of curb and the closest portion of the bench is required.
d. A minimum width of six feet between the curbline or the closest portion of the street-side bench or other streetscape element (if present) and the building face or the closest portion of the building side bench or other streetscape element (if present).
e. A minimum distance of five feet measured between the base of a street element and the closest portion of a bench.
f. Benches shall be designed in such a manner to discourage sleeping by including additional arms within the bench seating area.
3. Seat walls and planters.
a. Seat walls shall be located between the face of the curb and the pedestrian pathway and/or between the pedestrian pathway and the face of the building; however, the sum of the width of all seat wall/planter areas shall not exceed twenty-five percent of the total sidewalk width.
b. A maximum distance of twenty feet measured parallel to the curb face for a seat wall or planter is required before a break of three feet be provided.
c. A minimum setback of two feet between the face of the curb and the closest portion of the seat wall or planter.
d. A minimum width of six feet between the curbline or the closest portion of the street-side seat wall or planter or other streetscape element (if present) and the building face or the closest portion of the building-side seat wall or planter or other streetscape element (if present).
e. A minimum of three feet measured between the closest portion of the seat wall or planter and another seat wall or planter and the base of a street element.
f. A minimum height of eighteen inches with a maximum height of twenty-four inches to the top of a planter which may be incorporated for a seating area on a seat wall.
g. A minimum depth of fifteen inches shall be required for a seating area on a seat wall.
h. Seat walls shall be designed to deter skateboard use by installing metal deterrents or providing grooves in the surface at appropriate intervals.
4. Newspaper racks.
a. Newspaper racks shall be located between the face of the curb and the pedestrian pathway and shall face toward the pedestrian pathway and the building.
b. A minimum setback of two feet between the face of the curb and the closest portion of the newspaper rack.
c. A minimum width of six feet between the closest portion of the newspaper rack and the building face or other streetscape element.
d. A minimum distance of three feet measured between the base of a street element and the closest portion of the newspaper rack except that two newspaper racks may be placed side-by-side.
5. Waste and recycling containers.
a. Waste and recycling containers shall be located between the face of the curb and the pedestrian pathway.
b. Waste and recycling containers may be combined into one unit or placed side-by-side adjacent to each other; however, they shall be placed so that the longest dimension is parallel to the curb face.
c. A minimum distance of three feet measured between the base of a street element and the closest portion of the waste or recycling container except that one waste container and one recycling container may be placed side-by-side.
d. A minimum setback of two feet between the face of the curb and the closest portion of the waste or recycling container.
e. A minimum width of six feet between the closest portion of the waste or recycling container and the building face or other streetscape element.
6. Bicycle racks.
a. A minimum setback of three feet shall be required between the bicycle rack and the building face or other streetscape elements, such as but not limited to parking meters, trees, street furniture, fire hydrants, and utility vaults (Figure 1).
[image omitted; see the official code]
Figure 1. Bicycle rack and the building face.
b. A minimum setback of five feet shall be required between the bicycle rack and a curb cut or accessibility ramp.
c. For bicycle racks oriented perpendicularly or diagonally to a sidewalk or walkway: a minimum setback of three feet shall be required between the bicycle rack and the face of the curb; a minimum width of three feet shall be required between each bicycle rack; and a minimum width of eight feet shall remain unobstructed for the pedestrian path of travel when a bicycle is not attached to the bicycle rack (Figure 2).
[image omitted; see the official code]
Figure 2. Perpendicular Bike Racks.
d. For bicycle racks oriented parallel to a sidewalk or walkway: a minimum setback of three feet shall be required between the bicycle rack and the face of the curb; a minimum setback of six feet shall be required between each bicycle rack; and a minimum width of six feet shall remain unobstructed for the pedestrian path of travel when a bicycle is not attached to the bicycle rack (Figure 3).
[image omitted; see the official code]
Figure 3. Parallel Bike Racks.
e. Wherever possible, bicycle racks shall be located in the parkway, aligned to not interfere with parked car doors or bus stops, and aligned parallel to the street in constrained areas.
f. For bicycle racks located in on-street parking spaces: a minimum of two breakaway bollards or posts located six inches from the parking delineation line shall be required; physical or visual barriers, dependent on traffic speeds, shall be installed between the travel lane and bicycle parking; a minimum setback three feet shall be required between the bicycle rack and the face of the curb; a minimum setback of three feet shall be required between each bicycle rack; and white reflective tape shall be attached to each bicycle rack leg adjacent to travel lane (Figure 4).
[image omitted; see the official code]
Figure 4. On-Street Bike Racks.
g. Bicycle rack construction requirements.
(1) Bicycle racks shall be of the standard "inverted-U" shape, and shall be made of steel tubing resistant to cutting, rusting, bending or deformation.
(2) Alternative bicycle rack styles may be approved by the permit official on a case-by-case basis. Alternative bicycle racks shall support the bicycle's frame at two or more points on a horizontal plane, or support the frame at one point while preventing the front wheel from turning. Alternative bicycle racks shall allow the frame and one wheel to be locked to the rack, regardless of whether the front wheel is removed or not. Alternative bicycle racks shall accommodate a wide variety of sizes and types of bicycles, including those with water bottles, without kick stands, without a diamond-shaped frame, or without a horizontal top tube.
(3) The design of alternative bicycle rack style, including the installation details shall be reviewed and approved by the permit official.
(4) All bicycle racks shall be securely anchored to the ground.
K. Temporary street displays.
1. Temporary street displays permitted.
a. Aerial displays including, but not limited to pennants, flags, valances, or other displays constructed of cloth, canvas, vinyl, light fabric, wallboard or other light materials.
b. Temporary wayfinding and/or directional signs located on existing city infrastructure within portions of city right-of-way.
2. Location.
a. In no case shall individual displays be permitted on any city traffic control device.
b. The display locations create no possible obstructions to pedestrian and vehicular traffic.
c. The display at the proposed location is feasible considering the placement of city fixtures or utility poles, or other city infrastructure.
d. The display location shall be limited to a utility pole or city light fixture that has been previously approved and fitted with bracket infrastructure by the department of transportation.
e. Surface temporary displays bust be free standing without "staking" or mounting to city infrastructure.
f. The display is of approved material, will not be permanently installed or attached, and will allow for wind cuts to reduce tendency of material to billow or sail.
g. The display material is properly maintained in a safe condition at all times,
h. The display is authorized subject to reasonable conditions regulating the location, mounting, duration, or manner of display.
3. Size.
a. The maximum area of each aerial temporary street display shall be two and one-half feet by five feet, or thirteen total square feet.
b. The maximum area of each surface temporary street display shall be four feet by four feet or sixteen total square feet.
4. Other requirements.
a. A display may provide for a business or organization sponsor name.
b. The display shall provide the following information, name of the sponsor(s) for the activity, event, or route as described in this section, name of the activity, event or route, time and place of the activity, event, or route, and slogan if applicable, unless determined that due to the design of the display such language cannot be added.
c. Temporary street displays are intended to display:
(1) Educational, scholastic, or artistic event;
(2) Community or public interest activity;
(3) Designated or recognized civic route or trail;
(4) Scenic roadway;
(5) Works of art;
(6) Other civic and cultural programs;
d. No display for an event or activity shall be maintained for a period exceeding one year, except as otherwise recommended by the permit official; provided, however, that no display shall be maintained for more than ninety days prior to or thirty days after an event or activity.
e. For any temporary street display sign which qualifies for a special privilege license or permit under this section, the sign permit required by City Code 20.18, shall be waived.
f. The city shall not be responsible for the cost of replacing temporary displays resulting from damage incurred during installation/removal or when replacement is deemed necessary by the city in order to maintain a safe condition.
(1) If the city must remove or replace the temporary display in order to maintain a safe condition, then the owner shall be responsible for all cost of removal.
L. Banner programs. A banner program is a group of decorative outdoor informational displays created by an eligible entity that are typically placed, erected, or fastened to street lights and used to enhance the streetscape.
1. Each individual display made part of a banner program ("individual display") shall be constructed of cloth, canvas, vinyl, light fabric, wallboard or other light materials.
2. Displays. Each banner program individual display shall relate to the public purpose of the eligible entity and promote activities relating to a municipal purpose and benefit.
a. An individual display may provide for a business or organization sponsor name in an area not to exceed twenty percent of the total display area.
b. The display shall not contain language or depictions that may disparage the city.
c. Individual displays made part of a banner program are intended to provide notification of the following:
(1) Educational, scholastic, or artistic events;
(2) Community or public interest activities or destinations;
(3) Designated or recognized civic routes or trails;
(4) Areas of historical or archeological significance;
(5) Directional assistance to other areas in near proximity;
(6) Other civic and cultural programs or facilities;
(7) Trade shows, events, and festivals.
3. Location.
a. In no case shall individual displays be permitted on any city traffic control device.
b. Individual display locations do not obstruct pedestrian and vehicular traffic.
c. Minimum clearance of fifteen feet measured from the bottom of the display is required for displays located adjacent to vehicular traffic.
d. Minimum clearance of eleven feet measured from the bottom of the display is required for displays located adjacent to pedestrian traffic.
e. Individual displays at each proposed location are feasible considering the placement of city fixtures or utility poles, installation of street mounting brackets, or other necessary fixtures.
f. When individual displays are propose for placement on a utility pole, written authorization from the utility company allowing installation and placement shall be provided.
g. Utility pole locations have been inspected by the utility company and found to have no technical, logistical, or safety problems and city fixture locations have been inspected by the director of transportation and/or the director of parks and recreations as applicable and found to have no technical, logistical, or safety problems.
4. Other requirements.
a. Individual displays are of approved material, will not be permanently installed or attached, and will allow for wind cuts, when necessary to reduce tendency of material to billow or sail.
b. Individual displays shall be maintained in a safe condition at all times.
c. The display is authorized subject to reasonable conditions regulating the location, mounting, duration, or manner of display to include provisions for approval of the method of affixing individual displays on city property by the director of transportation and removal of individual banners, upon request by the permit official, should same become worn, broken, or otherwise of no further aesthetic benefit to the area.
d. Banner displays located on Texas Department of Transportation right-of-way may only be authorized with approval from the State of Texas.
e. Eligible entities.
(1) Any municipal management district created pursuant to Chapter 375 of the Texas Local Government Code;
(2) The El Paso Empowerment Zone;
(3) The City of El Paso; and
(4) An institution of higher education as that term is defined by Section 61.003 of the Texas Education Code.
(5) A civic or neighborhood association created pursuant to Chapter 2.102 (Neighborhood Association Recognition) of the El Paso City Code.
(6) Historic districts established under the provisions of Chapter 20.20.040 (Procedure for designation of historic landmarks and districts).
f. The design of individual banners located within a banner district shall not require a certificate of appropriateness from the historic landmark commission yet shall be reviewed by the historic preservation officer, as defined in Chapter 2.24.040 (Historic Preservation Officer), as to compatibility with adjacent properties with historic zoning. Upon completion of review, reviewer shall provide a recommendation to the permit official regarding such compatibility.
g. Applicants shall pay the city's cost for installation, inspection, removal and bracket rental fees. Payment of installation and removal costs shall be done prior to installation of the banners.
h. All installation and removal of banner hardware shall be done by the city.
i. The city shall not be responsible for the cost of replacing banners resulting from damage incurred during the installation, removal of the banner(s) or when replacement is deemed necessary by the city in order to maintain a safe condition or a banner free of ripping, tearing and other damage; if the city must remove or replace the banner in order to maintain a safe condition, then the owner shall be responsible for all cost of removal.
j. Banners shall be delivered to the city no later than two weeks prior to the scheduled installation and picked up no later than two weeks after notice from the city of removal. Banners left after two weeks shall be subject to storage costs.
M. Signs.
1. Signs.
a. Signs are as defined in Section 20.18.050 (Sign Definitions).
b. All signs located within city right-of-way shall comply with Section 20.18 (Signs).
c. Directional signs permitted under this section shall be designed and installed by the department of transportation. Applicants are required to pay all costs of the design and installation of the directional signs.
N. Sidewalk cafes.
1. Filing application.
a. A letter from the property owner, if different from the food and/or beverage service establishment operator, indicating their authorization to obtain a sidewalk cafe permit; and acknowledging responsibility for any encroachments installed by tenant on city right-of-way.
b. The permittee shall be required to comply with all applicable codes, rules, regulations, and laws.
2. Compliance with design guidelines required.
a. Sidewalk cafes shall comply with all guidelines in the "Right-of-way Cafe Design Guidelines" available on the city's website or on file with the planning and inspections department.
b. The sidewalk cafe shall not prevent access to El Paso Water Utilities, El Paso Natural Gas, or El Paso Electric Company easements, meters, valves, manholes, or structures for maintenance and/or repair. The sidewalk cafe shall not prevent access to the El Paso Fire Department connections (FDC), fire hydrants, or fire escapes.
c. The sidewalk cafe shall not impede access to City of El Paso light fixtures, benches, bicycle racks, etc. for maintenance and repair. Trees planted by the City of El Paso and irrigation systems that are located within the sidewalk cafe area shall be maintained by the permittee and may not have objects attached to them that would impede or affect the life of the trees. The city shall have the right to enter and inspect the property at any time to ensure proper maintenance of city property.
3. Construction.
a. All construction shall comply with any applicable historic district design standards and guidelines. Applicants shall receive approval from the historic preservation officer or the historic landmark commission (if applicable) prior to approval of the permit. All proposed improvements within city right-of-way shall be included in the permit application.
b. A pavement cut permit in accordance with Chapter 13.08 (Excavations) shall be required for any work on city right-of-way.
c. Sidewalk cafes shall be reviewed for ADA compliance prior to permit approval. Sidewalk cafes shall not impede ADA accessibility.
4. Boundaries and fencing.
a. A sidewalk cafe shall not be enclosed by permanent structure(s).
i. If fencing is provided, fencing shall be continuous around the perimeter of the sidewalk cafe except for one opening/entry point. Fences shall have a durable professional finish and shall comply with applicable historic district guidelines. Fencing shall include sleeves at the base of the poles to allow for removal from city rights-of-way if necessary.
ii. The boundaries of a sidewalk cafe on a city sidewalk may also be defined by planters, trees, benches or other structure as approved by the permit official. If the applicant is permitted by TABC to sell and/or serve alcoholic beverages within the sidewalk cafe, the perimeter of sales shall be adequately delineated to note control of the premises and the following shall apply:
(a) Street furniture, benches, planters and seat wells shall comply with the provisions of subsection J. (additional requirements for street furniture) of this chapter.
(b) A minimum service area of two feet adjacent to each table that does not encroach into the pedestrian pathway is required for unenclosed cafe areas.
(c) A minimum distance of five feet shall be provided for a table and two chairs placed directly opposite each other is required for unenclosed sidewalk cafe areas.
5. Alcohol.
a. A license issued by the Texas Alcoholic Beverage Commission (TABC) is required for the sale and service of alcoholic beverages within the sidewalk cafe area.
b. City approval of an application for a sidewalk cafe on city right-of-way does not guarantee, warrant or assure that the Texas Alcoholic Beverage Commission will allow the sale and service of alcoholic beverages within the sidewalk cafe area.
c. The permittee must comply with any standards established by the Texas Alcoholic Beverage Commission.
6. Fire department requirements.
a. The location of any proposed outdoor serving stations requires fire marshal approval for their proximity to points of ingress and egress to the property. The area for the sidewalk cafe shall meet the current fire code requirements as determined by the fire marshal regarding sidewalk cafe areas and ingress and egress points of access. The fire marshal through plan review shall determine fire code compliance.
b. The fire marshal shall also require that occupancy capacities as defined in the International Building Code for the sidewalk cafe area and the building remain distinct and separate.
c. The sidewalk cafe must be open to the air, except that a canopy or awning conforming to requirements established by this chapter for aerial encroachments may be constructed over the sidewalk cafe and may be included in the same special privilege application. Canopies within the sidewalk cafe area shall meet current fire code definition and specifications. Proposed canopies shall comply with subection I. (additional requirements for awnings, canopies, arcades and galleries) of this chapter.
d. Acceptable auxiliary outdoor heating devices shall meet the requirements of the current fire code.
7. Other requirements.
a. Planters within the sidewalk cafe limit line shall be shown on the site plan submitted with the application and shall comply with subsection J. (additional requirements for street furniture) of this chapter.
b. Each sidewalk cafe shall have no less than one trash receptacle within the cafe limit line.
c. Overhead lighting located within public right-of-way shall be included in the permit application and shall meet all applicable historic district architectural and design standards. All electrical work shall be designed and installed in compliance with the Chapter 18.16 (Electrical Code).
i. Lighting on fencing may be permitted to add a decorative element but shall not be designed to attract attention. Flashing lights are not permitted.
ii. Lighting shall be clear or white.
iii. Light strands shall be maintained in good repair and burned-out bulbs shall be replaced promptly.
d. All relocation, removal, disposition and/or salvage of any city property shall be coordinated with the streets and maintenance department. The streets and maintenance department shall follow the city's establish policy and procedure for disposal or salvage of such property.
8. Cincinnati commercial district sidewalk cafe requirements. In addition to all other applicable provisions of subsection 15.08.120 (Special privilege licenses and permits) of this Code, the following provisions shall be applicable to this district:
a. Boundaries. The sidewalk cafes shall be defined as the terraced areas immediately adjacent to the storefront. For purposes of this subsection, retail and/or office space establishments, in addition to food and/or beverage service establishments may obtain a sidewalk cafe permit to use the terraced area immediately adjacent to the storefront. Boundaries of the sidewalk cafes shall be limited to the City of El Paso's constructed terraces as referenced in the university pedestrian improvements streetscape construction documents. Sidewalk cafes are limited to the use of seated only food and/or beverage service or retail and/or office space use.
b. Fencing. All fencing shall comply with design and height specifications found in the furnishing details of the City of El Paso's university pedestrian improvements streetscape construction documents.
c. Seating. For food and/or beverage service only. Seated-only capacity shall be required. Standing-only capacity shall not be permitted.
i. Tables and chairs shall not exceed thirty inches in height.
ii. Tables and chairs must be moveable to accommodate wheelchair access.
d. Smoking. Smoking shall not be permitted within the boundaries of the sidewalk cafe.
e. Limits on use of the sidewalk cafe. The use of the sidewalk cafe (as defined in Section 15.08.120.N.8.a) must cease between the hours of 1:00 a.m. to 7:00 a.m. However, the use of the sidewalk cafe during special events will be governed by the terms of the special event permit.
O. Parking parklets.
1. General.
a. "Parking parklet" means the use and occupation of a portion of the public right-of-way that is currently used as on-street parking for additional outdoor public space.
b. Application.
i. Application for parking parklet permit shall be filed with the city. The applicant shall pay the established fee. Such application shall include the following information:
ii. The name and address of the applicant.
iii. The legal address of the real property adjacent to the site proposed for the parking parklet.
iv. If alcoholic beverages are served within the designated parking parklet area, the permittee must provide proof that a valid license under all applicable laws for alcohol sales has been obtained.
v. A site plan of sufficient detail to demonstrate compliance with the requirements of this section.
c. Traffic control plan.
i. A traffic control plan in compliance with Chapter 12.30 is required for all applications for permit under this section during construction. Traffic control plan templates are available from the city traffic engineer and included in the right-of-way design guidelines.
ii. The traffic control plan and any required traffic control devices will be at the sole discretion of the traffic engineer.
iii. A traffic control permit is not required after construction activities have ceased.
d. Compliance with design guidelines.
i. All proposed parking parklets shall comply with all guidelines in the "Right-of-way Cafe Design Guidelines" available on the city's website or on file with the planning and inspections department.
e. In the event that the city determines that the location of any parking parklet constitutes an immediate physical danger, the encroachment into the right-of-way must be removed immediately.
f. Operational standards.
i. A parking parklet must occupy only parking spaces directly in front of the applicant's business or establishment.
ii. Occupancy within the parking parklet is limited to tables and chairs.
iii. The permittee must maintain the sidewalk and parking area in a good and safe condition.
iv. No amplified music, speakers, microphones, televisions, or other audio/visual devices will be permitted within the parking parklet area.
v. Operating hours of the parking parklet shall be restricted to the operating hours of the adjacent business or businesses.
vi. The parking parklet elements must be removed from the public right-of-way except during normal business hours. The storage of parking parklet elements within the public right-of-way is prohibited.
vii. The parking parklet must have a two-foot buffer zone between it and adjacent parking spaces and vehicular travel lanes. Additionally, wheel stops or posts should be included, as determined by the city manager or their designee.
viii. The parking parklet shall include a flush transition at the curb to permit easy access for wheelchair users or others with mobility issues and to avoid any tripping hazards.
ix. Additional occupancy provided by the parking parklet may not exceed fifty percent of the establishment's permitted maximum occupancy.
P. Buildings or other structural surface encroachment.
1. If a structural encroachment has existed thirty years or longer and is less than fifty square feet in area, the abutting property owner(s) shall apply for a permit and pay the established fee to continue the encroachment.
2. Applicants shall provide evidence of the structural nature of the encroachments such as certification from a structural engineer at the time of application.
3. Grantees shall submit a request to vacate the portion of city right-of-way within the initial term of the permit.
a. Upon approval of the right-of-way vacation, the permit shall terminate.
b. Upon denial of the right-of-way vacation, grantees shall have the option to renew the permit.
Q. Additional requirements for food vending concessions in the downtown improvement area.
1. Carts and kiosks.
a. Locations.
(1) Vendors within the downtown improvement area are limited to locations approved by the department of transportation based on vehicular sight visibility, available pedestrian access area and location and arrangement of street furniture, street lighting, utility meters, manholes, fire hydrants and fire appurtenances.
(2) Vendor locations shall not interfere with pedestrian traffic on the sidewalk between the vendor area and the adjacent buildings and between the vendor area and the adjacent street.
(3) Vendor locations shall not impede entrances, exits, and/or driveways of adjacent businesses.
(4) Vendor units shall be limited to free-standing carts within the parkway area. Vendor units shall not be permitted to be located on the street.
(5) Vendor units shall not be anchored or tied to any portion of the public rights-of-way, street furniture, city light standards, traffic control devices, utility boxes and meters, or fire hydrants and appurtenances.
(6) Vendor units shall be removed from city right-of-way when not in operation.
(7) Vendor locations shall comply with the provisions of Chapter 12.46 (Mobile Food Vendors).
b. Size and dimensions.
(1) Vendor carts shall be four feet by five feet or eight feet by ten feet based on the available vending area as prescribed in subsection a. (locations).
(2) Vendor kiosks shall be limited to eighteen feet by twenty feet based on the available vending area as prescribed in subsection a. (locations).
c. Operations.
(1) Vendors shall comply with all provisions of Chapter 9.12 (Food and Food Handling Locations).
(2) Vendors are responsible for obtaining all licenses and permits as required by law for the legal operation of food vending concessions. All applicable permits and licenses shall be affixed to the vending unit at all times.
(3) Vendors are permitted between the hours of 8:00 a.m. and 8:00 p.m. daily; except that vendors are permitted during special events outside the daily hours upon approval of the department of public health and event coordinators.
(4) Sound amplifying devices including, but not limited to loud speakers, public address systems, radios, televisions and strobe lights or similar devices are prohibited.
(5) Vendors shall provide for trash and/or grease disposal. A maximum of a thirty-gallon covered garbage container is permitted at the vendor location provided that the container is not placed within the pedestrian path of travel.
(6) Generators and propane use shall require approval of the fire department.
2. Food tucks.
a. Locations.
(1) Food trucks shall be located within areas that provide adequate vehicle sight visibility at intersections and shall not impede ADA/TAS accessible ramps and sidewalks.
(2) Food trucks shall comply with Section 12.46 (Mobile Food Vendors).
(3) Food trucks shall comply with Section 12.44 (Stopping, Standing and Parking Generally), Chapter 12.48 (Loading Zone, Bus and Taxi Stands) and Chapter 12.56 (Parking Meters).
b. Operations.
(1) Mobile food trucks shall comply with the provisions of Section 9.12 (Food and Food Handling Establishments).
(2) Vendors are responsible for obtaining all licenses and permits as required by law for the legal operation of food vending concessions. All applicable permits and licenses shall be affixed to the vending unit at all times.
(3) Sound amplifying devises including, but not limited to loud speakers, public address systems, radios, televisions and strobe lights or similar devices are prohibited.
(4) Vendors shall provide for trash and/or grease disposal. All trash and/or grease disposal receptacles shall not be placed within the pedestrian path of travel.
(5) Generators and propane use shall require approval of the fire department.
(6) Tables and chairs are permitted provided they do not impede the pedestrian path of travel.
R. Sidewalk Retail Vending.
1. General Provisions:
a. "Sidewalk retail vending" is the selling of merchandise on the sidewalk area adjacent to a commercial building with a zero lot line and is an accessory use in a zoning district where a retail establishment is lawfully operating on the first floor premises by the same entity operating such retail establishment.
b. "Vending area" is the public right-of-way immediately adjacent to the permittee's property, measuring no more than fifty-percent (50%) of the sidewalk area abutting the permitted property, except that in the area designated as downtown in the City of El Paso Comprehensive Plan, "vending area" shall measure no more than three three-foot by nine-foot areas abutting the permitted property.
2. Application documentation. Application for a permit or license to conduct sidewalk retail vending shall be filed with the city. The applicant shall pay the established fee. Such application shall include the following information:
a. The name and address of the applicant.
b. The legal address of the real property adjacent to the site proposed for the sidewalk retail vending.
c. Proof of ownership of the real property adjacent to the site proposed for sidewalk retail vending.
d. One Year Term Permit or license—will require an operational permit issued by the El Paso Fire Department. Permits or licenses for more than a one-year term with a maximum of a five-year term—will require an operational permit and a valid certificate of occupancy issued in accordance with Title 18.02.108 of the El Paso City Code, for the first floor of the building adjacent to the site proposed for sidewalk retail vending and any storage areas above the first floor.
e. A dimensioned, detailed site plan showing the proposed layout of the proposed vending area. The site plan shall include any city or utility infrastructure located within the proposed vending area. If applicant proposes to use an awning to hang merchandise, a structural drawing of such awning is required.
f. Two color pictures (front and side) of the proposed vending area.
g. A description of the merchandise to be sold in the vending area.
h. A statement of the hours of operation of the retail establishment(s) lawfully operating on the first floor of the real property adjacent to the vending area.
i. The name of the retail establishment(s) lawfully operating on the first floor of the real property adjacent to the vending area, and a description of the merchandise sold in the establishment.
3. The permit or license may be issued for a term between one to five years from the date of issuance, depending on the application documentation. Permittee is responsible for renewing his/her permit or license by submitting a request for renewal to the city and paying the required fee. Failure to do so in accordance with all the terms and conditions of this section may result in the loss of the ability to renew.
4. Standards for sidewalk retail vending.
a. Only the types of retail merchandise sold in the adjacent building can be displayed in the vending area.
b. The majority of merchandise shall be inside of the retail establishment(s) in the adjacent building and all financial transactions must occur inside such retail establishment.
c. Sidewalk retail vending shall only operate when the entity that it is associated with it is open to the public in accordance with the normal business operating days and hours posted.
d. No permanent structure may be affixed to the sidewalk or the exterior of any building. The permittee shall be responsible for the costs to repair any damage caused to any sidewalk or public property as a result of the permittee's operations under this chapter.
e. A minimum of four feet of unobstructed pedestrian sidewalk access is required between the outer edge of the vending area and the curb, and the vending area shall comply with all Americans with Disabilities Act requirements, the Texas Accessibility Standards, and other applicable regulation, ordinance or law.
f. Building access and egress shall be maintained in accordance with Title 9.52 of the El Paso City Code. A minimum of three feet of unobstructed access shall be maintained at all times at the entrances and/or exits of the abutting real property and/or any adjacent business or real property.
g. Vending displays shall not completely cover the windows of the real property, and shall allow pedestrians a view of the inside retail spaces.
h. No equipment, including but not limited to tables, booths, chairs, or electrical lines utilized in conjunction with the vending area may be located within fifteen feet of any sprinkler system, fire hydrant and fire appurtenances, water supply shutoff valve, streetlight power boxes or traffic signal cabinets.
i. No equipment, including but not limited to tables, booths, chairs, or electrical lines utilized in conjunction with the vending area may be located within five feet of any connections to gas meters, sanitary sewer manholes and/or other utility equipment.
j. Display racks, tables and shelving used in conjunction with the vending area shall be finished or painted. Tables and shelving shall be skirted or otherwise adorned to cover the view of the under structures/legs.
k. Display of merchandise shall not exceed five feet in height from the ground, or seven feet if located in an area designated as downtown in the City of El Paso Comprehensive Plan, and is not permitted outside of the vending area.
l. Hanging of merchandise from the roof or awning of the primary retail structure is permitted within the vending area, provided a minimum seven foot clearance is maintained between the lowest portion of the merchandise and the finished grade of the sidewalk unless such hanging is above other merchandise displayed on items affixed to the ground.
m. No advertising signs are permitted within the vending area, except for pricing signs and each sign shall measure no more than one square foot in size.
n. No stocking of merchandise is permitted in the vending area unless it is hidden from public view.
o. Packing or shipping cardboard is prohibited, except for containers in which merchandise is packaged for sale (i.e., shoe boxes).
5. Permittee responsibilities.
a. Permittee shall keep the vending area free and clear of litter, debris, and any substance that may damage the sidewalk or cause pedestrian injury at all times.
b. Permittee shall be responsible for all maintenance of the vending area and shall repair any damage caused to the right-of-way by the vending activity.
c. Permittee shall not construct, or allow to be constructed, any improvements or structures in the vending area, or allow any alterations to be made to the vending area without prior written consent of the city.
d. Permittee shall, at its own expense, provide for the repair of all water lines, storm and sanitary sewer lines, service lines and water meters owned by the city that permittee, its employees, contractors, agents or assigns damage so that such repair complies with all City Code requirements.
e. The city shall have the power at any time to order and require permittee to immediately remove and abate any portion of the vending area that is dangerous to life or property by written notice. Should permittee, after written notice, fail or refuse to comply within a reasonable time, the city shall have the power to remove or abate the same, at the expense of permittee. In the event city removes or abates the vending area as provided herein, permittee shall not be compensated for any loss associated with such removal or abatement of the vending area, or associated revenue, nor shall the city be liable to the permittee for any direct, indirect or consequential damages due to the removal or abatement of the vending area.
f. Permittee shall not assign the designated vending area, nor allow the same to be assigned by operation of law or otherwise, or sublet or sell the designated vending area or any part thereof.
6. City Rights and Authority.
a. Throughout the term of the permit, the city expressly reserves the right to install, repair, or reconstruct the city right-of-way used or occupied by permittee, any streets or alleys and all ancillary public uses, usual and customary in connection with streets and alleys, expressly including but not limited to, drainage facilities and structures.
b. The city reserves the right to lay and permit to be laid, utility lines including, but not limited to, storm and sanitary sewer, gas, water, and other pipelines or cables, and to do and permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in, across, along, over or under the vending area occupied by permittee, and to change any curb or sidewalk or the street grade of any street. The city shall notify permittee of work to be performed as herein described 30 days prior to the start of such work. The city shall not be liable to permittee for any damage resulting there from, nor shall the city be liable to permittee for any damages arising out of the performance of any work by the city, its contractors or subcontractors, not willfully and unnecessarily occasioned; provided, however, nothing herein shall relieve any other persons or entities from liability for damage to the vending area. If the city requires permittee to alter, change, adapt, remove, or relocate the vending area due to imminent public safety concerns, or because of changes in the grade of the vending area or in the location or manner of constructing a water pipe, sewer pipe or other underground or aboveground pipes owned by the city, permittee shall make the alterations or changes as soon as practicable when ordered in writing by the city without claim for reimbursement or damages against the city. If these requirements impose a financial hardship upon permittee, permittee shall have the right to present alternative proposals for the city's consideration.
c. The city reserves the right to use the surface, subsurface and airspace within the vending area for any public purposes allowed by law and deemed necessary by the city and to do or permit to be done any work in connection therewith that may be deemed necessary and proper by the city on, across, along, under or over said vending area occupied by permittee, provided such use does not interfere with permittee' s use of the vending area. Whenever, because of such work, it is deemed necessary by the city to alter, change, adapt, conform or relocate portions of the vending area, such alteration or change or relocation shall be made by permittee when ordered in writing by the city without any claim for reimbursement or damages against the city.
d. City is not responsible for any theft, damages or destruction of goods or property of permittee both during the term of the permit after permittee vacates the designated vending area. If said goods and any other property placed by permittee in the vending area are not removed after hours of operation, the city may remove the same without further notice or liability.
7. License.
a. An entity, organization or group of businesses may apply for a license to create a designated district where such group will administer a program for intake of applications and issuance of authorization to operate sidewalk retail vending for individual property owners within the designated district. The city shall charge a license fee based upon the estimate of the number of authorizations contemplated within the license, and shall be adjusted according to the number of actual authorizations provided at each reporting period.
b. All sidewalk retail vending authorized thereunder shall comply with all terms and conditions of this section, and such group shall provide quarterly reporting of all vendors participating in their program, including the name, address, and proof of insurance.
c. Such group may provide services such as the required insurance to cover each entity authorized, administrative support, and may act as a liaison to the city.
d. Such group may charge a fee for participation in the licensed program that shall not exceed 150 percent of the annual fee charged by the city.
e. Any license issued hereunder does not restrict the rights of any other person from acquiring a permit directly from the city under this section.
(Ord. 16983 §§ 1—3, 2008; Ord. 16855 § 1, 2008; Ord. 16697 § 1, 2007; Ord. 16612 § 1, 2007; Ord. 16477 § 1, 2006; Ord. 16319 § 1, 2005; Ord. 15971 §§ 1—3, 2004; Ord. 15884 § 1, 2004; Ord. 15222 § 1, 2002; Ord. 15018, 2002; Ord. 14871 §§ 1—3, 2001; Ord. 13342 §§ 1, 2, 1997; Ord. 13317 §§ 1—3, 1997; Ord. 13152 § 124, 1997; Ord. 13031 § 1, 1996; Ord. 12817 § 1, 1996; Ord. 12516 § 1, 1995; Ord. 12315 § 1, 1995; Ord. 12172 § 1, 1993; Ord. 12106 §§ 1—4, 1994; Ord. 11653 §§ 1—4, 1993; Ord. 11572 § 1, 1993; Ord. 11482 §§ 1—3, 1993; Ord. 10910 § 1, 1992; Ord. 10658 § 1, 1991; Ord. 10363 § 1, 1991) (Ord. No. 17154, § 2, 7-28-2009, eff. 9-1-2009; Ord. 17181, § 1, 8-25-2009, eff. 9-1-2009; Ord. No. 17321, § 11, 5-11-2010; Ord. No. 17362, § 1, 7-27-2010; Ord. No. 17393, §§ 1—3, 5, 6, 8-24-2010, eff. 9-1-2010; Ord. No. 17487, § 3, 1-18-2011; Ord. No. 17581, § 1, 6-14-2011; Ord. No. 17676, §§ 2—4, 11-15-2011; Ord. No. 17732, § 1, 2-21-2012, eff. 5-1-2012; Ord. No. 17742, § 1, 3-6-2012; Ord. No. 17808, §§ 1—7, 6-5-2012, eff. 6-11-2012; Ord. No. 17827, § 1, 7-31-2012; Ord. No. 17950, § 1, 2-19-2013; Ord. No. 17984, § 1, 4-2-2013; Ord. No. 18255, §§ 1—3, 10-8-2014; Ord. No. 18382, §§ 2a)—2g), 7-7-2015; Ord. No. 18246, §§ 1, 2, 9-16-2014; Ord. No. 18480, § 1, 3-22-2016; Ord. No. 18690, § 1, 6-13-2017; Ord. No. 18740, § 1, 11-14-2017; Ord. No. 18785, § 2, 5-1-2018; Ord. No. 18819, § 1, 7-24-2018; Ord. No. 19164, § 1, 4-13-2021; Ord. No. 019613, §§ 2—8, 4-23-2024)
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=TIT15PUSE_CH15.08STRE_15.08.120SPPRLIPEFetched: 10/28/2026