GENERAL TO ALL PLANS

El Paso City Code tit. 21, ch. 21.10

in effect

El Paso City Code § 21.10.010 Authority.

21.10.010 - Authority. A. The adoption of this Title is authorized under Chapter 211 and Chapter 212 of the Texas Local Government Code. B. The zoning regulations as established in this title have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of the land throughout the city. C. The city council on its own motion or on request may amend, supplement or change by ordinance, the regulations herein established. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 1, 4-26-2011)

El Paso City Code § 21.10.020 Applicability.

21.10.020 - Applicability. A. The following general rules of construction shall apply to the regulations of this title. 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word "shall" is always mandatory. The word "may" is permissive. 4. The word "building" or "structure" includes any part thereof, and the word "structure" includes the word "building." 5. Words and terms not defined herein shall be interpreted in accord with Merriam-Webster's Collegiate Dictionary, Tenth Edition. 6. Terms used throughout this title may be defined in Chapter 21.70, Definitions of Terms. Chapter 21.70 contains regulatory language that is integral to this title. In the event of conflicts between these definitions and those of the existing local land development codes, those of this title shall take precedence. B. Title 19 (Subdivision) and Title 20 (Zoning) of the El Paso City Code ("Existing Local Land Development Codes") shall continue to be applicable to issues not covered by this title. The requirement for land studies are superseded by the regulating plan, as approved by city council, for new community plans and infill community plans. The landscaping provisions of this title shall take precedence over similar provisions in Title 18, Sections 18.46.060, 18.46.080, 18.46.090, 18.46.140 and 18.46.150, Alternative Compliance. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 2, 4-26-2011)

El Paso City Code § 21.10.030 Intent.

21.10.030 - Intent. The intent and purpose of this title is to enable, encourage and qualify the implementation of the following policies: A. The region. 1. The region should retain its natural infrastructure and visual character derived from topography, Chihuahuan Desert habitat, farmlands, riparian corridors, arroyos and mountains. 2. New development should be organized in the patterns of Clustered Land Development (CLD), Traditional Neighborhood Development (TND), or Regional Center Development (RCD) as defined in this title. 3. Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty. 4. Transportation corridors should be planned and reserved in coordination with land use. 5. Green corridors should be used to define and connect the urbanized areas. 6. The region should include a framework of transit, pedestrian, and bicycle systems that provide alternatives to the automobile. 7. Chapter 21.40 of this title is most appropriate for application in the areas including downtown, transit corridors, future TODs and previously urbanized mixed use centers. B. The community. 1. TNDs and regional centers should be compact, pedestrian-oriented and mixed use. 2. TNDs and regional centers should be the preferred pattern of development and that districts specializing in a single use should be the exception. 3. Ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive. 4. Interconnected networks of thoroughfares should be designed to disperse and reduce the length of automobile trips. 5. Within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes. 6. Appropriate building densities and land uses should be provided within walking distance of transit stops. 7. Civic, institutional, and commercial activity should be embedded in downtowns, not isolated in remote single-use complexes. 8. Schools should be sized and located to enable children to walk or bicycle to them. 9. A range of open spaces including parks, plazas, and playgrounds should be distributed within neighborhoods and downtowns. C. The transect. 1. Communities should provide meaningful choices in living arrangements as manifested by distinct physical environments. 2. The transect zone descriptions on Table 1 shall constitute the intent of this title with regard to the general character of each of these environments. 3. The transect zones' characteristics, as set forth in this title, were determined through a process of public hearing with approval by the city council. Therefore, since these transect zones have been properly incorporated into this title, projects within SmartCode Zoning districts that require no variances shall be processed administratively without further council approval. D. The block and the building. 1. Buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. 2. Development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. 3. The design of streets and buildings should reinforce safe environments, but not at the expense of accessibility. 4. Architecture and landscape design should grow from local climate, topography, history, and building practice. 5. Buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods. 6. Civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-government. 7. Civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the city. 8. The preservation and renewal of historic buildings should be facilitated, to affirm the continuity and evolution of society. 9. The harmonious and orderly evolution of urban areas should be secured through form-based codes. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 3, 4-26-2011)

El Paso City Code § 21.10.040 Process.

21.10.040 - Process. A. Any property to be developed under this title must be part of an approved new community plan or an infill community plan as defined and set forth in Chapter 21.30 or Chapter 21.40 of this title respectively. B. Any property to be developed under this title must be first zoned "SmartCode Zone". The rezoning application shall include the following: 1. A site plan drawn to scale in black and white, and not less than eight and one-half inches by eleven inches and not more than twenty-four inches by thirty-six inches, showing the boundaries of the property proposed for rezoning, names of streets immediately adjacent to the property proposed for rezoning, the north point, the legal description of the property proposed for rezoning and the amount of land included. When over eight and one-half inches by eleven inches, the drawing shall be on paper suitable for reproduction; 2. A proposed regulating plan for the land being rezoned that complies with this title, consisting of one or more maps showing the following: a. For new community plans, regulating plans designate the precise location of (1) transect zones (Section 21.30.040); (2) Civic Zones, including civic spaces and Civic Buildings (Section 21.30.050); (3) Special Districts, if any (Section 21.30.060); (4) Thoroughfare network and block layout (Section 21.30.070); (5) Special requirements, if any (Section 21.30.090). b. For infill community plans, regulating plans designate the precise location of: (1) transect zones (Section 21.40.030); (2) Civic Zones, including civic spaces and Civic Buildings (Section 21.40.040); (3) Special Districts, if any (Section 21.40.050); (4) thoroughfare network, existing or planned (Table 3A, Table 3B); (5) Special Requirements, if any (Section 21.40.070). 3. Submittals of new community plans and infill community plans shall also include additional information required by this title, such as: a. Identification of pedestrian sheds and community types; b. Requests for warrants or variances, if any (Section 21.10.050); c. Proof of notice of proposed application to any recognized neighborhood association required to receive notice pursuant to Chapter 2.102 of the City Code. 4. The process and procedure once an application is submitted shall be in accordance with the provisions of Article VI of Title 20, Zoning, Chapter 20.04, of the City Code, except that the application requirements specified in Section 21.10.040 B. shall supersede the application requirements stated in Article VI of Section 20.04.380, Zoning. C. Once the property is rezoned to SmartCode Zone (SCZ), the property owner is authorized to proceed under Chapters 21.30 and 21.40, whichever is applicable, and Chapter 21.50 under this title. El Paso City Council, hereby creates a Consolidated Review Committee (CRC) comprised of a designated member or designated alternate member from each city department or other agency represented by the development coordinating committee. The CRC shall be responsible for approving adjustments to new community plans as defined in Chapter 21.30 or infill community plans as defined in Chapter 21.40 of this title and approving building scale plans as defined in Chapter 21.50 of this title. Building scale plans shall not be approved unless a new community plan or an infill community plan for the property has been approved. No building scale plan shall be required where the development is for apartments or mixed-use residential development that meet all minimum requirements set forth in Chapter 21 (SmartCode) and 20.10.363. An owner may appeal a decision of the CRC to the city council. D. Once the property owner receives approval of a preliminary building scale plan from the CRC (see Section 21.50.010), except that no building scale plan shall be required where the development is for apartments or mixed-use residential development that meet all minimum requirements set forth in Chapter 21 (SmartCode) and 20.10.363, the property owner must comply with the provisions of Title 19 (Subdivisions) to receive plat approval, provided that any provisions concerning platting requirements that are specifically addressed in this title, shall take precedence over similar requirements in Title 19. Prior to the submission of any plat, the property to be developed under this title must be part of an approved preliminary building scale plan. When reviewing a plat submitted in compliance with the provisions of this title, to include approval of the building scale plan, the city plan commission shall determine whether the preliminary building scale plans were approved by the CRC and whether the plat provisions contained in Title 19 which are not addressed in this title have been complied with. The city plan commission shall have no authority over the building scale plans other than to determine whether such preliminary plans comply with both Title 21 and Title 19, provided that where Title 19 conflicts with a specific provision under this title, addressing the same issue, the standard or requirement of this title shall prevail. 1. Applications for plat approval under this title may request to reduce the scope of, or eliminate, the Traffic Impact Analysis requirement of Title 19. The city manager or designee, upon review of such request, may modify this requirement if the applicant can adequately demonstrate that the new community plan or infill community plan will not necessitate street infrastructure improvements to the adjacent street network or neighborhoods. E. An interim plat may be approved without reflecting the regulating plan provided that the plat contains the following plat note: "This land is zoned SmartCode and a regulating plan has been approved. Prior to the issuance of any city permits, a plat reflecting the regulating plan must be approved and recorded. F. Should a violation of an approved new community regulating plan, infill regulating plan or building scale plan occur during construction, or should any construction, site work, or development be commenced without such an approved plan, the city engineer or designee shall require the owner to stop, remove, and/or mitigate the violation. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 4, 4-26-2011; Ord. No. 17903, § 1, 11-6-2012; Ord. No. 019816, § 1, 11-18-2025)

El Paso City Code § 21.10.050 Warrants, variances, and adjustments.

21.10.050 - Warrants, variances, and adjustments. A. There shall be three types of modifications from the requirements of this title: Warrants, and variances, and adjustments. B. A warrant is a modification of a standard that may be granted administratively by the CRC only where specifically stated within Title 21 as allowable and may be approved only if the applicant has complied with criteria contained in Title 21 for granting of the modification. Where no specific criteria for granting of the modification is specified, a warrant may be granted only for a dimensional deviation of less than ten percent of the specified standard. C. A variance allows a modification of a requirement under this title, provided that the modification is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. "Unnecessary hardship" means a hardship by reason of exceptional shape of a lot, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardship or any other hardship that is self-imposed. Requests for variances shall be heard by the zoning board of adjustment in accordance with the provisions of Chapter 2.16 of the City Code. D. Adjustments to regulating plans within approved SmartCode Zones will be authorized administratively by the CRC if the adjusted regulating plan complies with this title, its tables, and all the following criteria are met: 1. Community types may not be changed through the adjustment process; 2. Within each community type, revisions to transect zone boundaries are permitted provided the adjusted regulating plan: a. Does not conflict with standards for allocation of transect zones in Table 14a; b. Does not increase the percentage of land designated as a special district above the twenty percent maximum allowed under this title; c. Does not reduce the percentage of land designated on the approved regulating plan as civic spaces below the five percent minimum required under this title; d. Does not create increased conflicts with adjoining land uses outside the SmartCode Zone. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 5, 4-26-2011)

El Paso City Code § 21.10.060 Incentives.

21.10.060 - Incentives. A. Applications under this title shall receive highest priority review status by the CRC, zoning board of adjustment, city plan commission, and city council ahead of other applications that were eligible to use this title but elected not to do so; B. All application or filing fees shall be waived for applications under this title; C. City shall accept dedication and maintenance of civic space (See Table 13) as parks and open space. (Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 6, 4-26-2011)

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=TIT21SMCO_CH21.10GEALPLFetched: 10/28/2026