Nonconforming PWSF.
El Paso City Code § 20.22.100
in effect20.22.100 - Nonconforming PWSF.
A. A personal wireless service facility (PWSF) that was built in compliance with the city's zoning regulations and was issued a certificate of completion, or if a certificate of completion was not issued, there was a valid building permit and an approved final inspection; and has been registered as a legal nonconforming structure, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt on the same property as described in the certificate of completion or building permit, provided that the modified or rebuilt PWSF complies with all of the following:
1. A modified or rebuilt PWSF must propose to have at least one additional antenna than that of the existing or pre-existing facility. If the PWSF is to be rebuilt, the ground surface area shall not exceed one hundred twenty-five percent of the existing facility, including all appurtenant equipment storage facilities;
2. The height of a modified or rebuilt PWSF and the appurtenant antennas attached thereto shall not exceed the height of the existing facility by more than ten percent or the height limitation of Section 20.10.455 (Personal wireless service facilities), whichever is greater;
3. A rebuilt PWSF may be relocated on the original property, but must have setbacks that are no more nonconforming than that of the pre-existing facility and must meet the minimum setback standards for the zoning district in which it is located;
4. A modified or rebuilt PWSF shall be painted to reduce glare and reflections. No exterior paint colors shall be used which have a light reflecting value (LRV) greater than forty percent. The LRV of a paint is available from paint manufacturers and it measures the amount of light reflected by a certain color;
5. All rebuilt ground-mounted PWSF shall be a like for like replacement with regards to camouflaging (i.e., non-camouflage for non-camouflage). Camouflaging is a method of disguising or concealing the appearance of an object by changing its usual color, modifying its shape, or locating it in a structure that complements the natural setting, existing and surrounding structures. In the context of this section, camouflaging includes, but is not limited to, making PWSF antenna support structures resemble man-made trees, locating PWSF antenna support structures in bell steeples or clock towers, or on similar alternative-design mounting structures;
6. A modified or rebuilt PWSF shall maintain the same screening and landscaping as the existing facility; provided, however, that this section shall not prevent additions or improvements to the landscaping in accordance with the landscaping ordinance;
7. A rebuilt PWSF may be constructed prior to the demolition of the existing nonconforming PWSF, so long as the rebuilt PWSF is constructed in accordance with the provisions of this section, and the existing nonconforming PWSF shall be completely demolished within thirty days from the date that the rebuilt PWSF is issued a certificate of completion. A temporary cell-on-wheels (COW) may be permitted on the property for a period not to exceed twelve months during construction of the new facility. The COW must be removed within thirty days from the date the new PWSF is issued a certificate of completion; and
8. If two or more nonconforming ground-mounted PWSF within a one-half mile radius are demolished in a coordinated effort to collocate the existing antennas onto one structure, a new PWSF may be rebuilt on any of the sites. The height of the rebuilt PWSF and the appurtenant antennas attached thereto shall not exceed the height of the tallest of the pre-existing facilities, or the height limitation of Section 20.10.455 (Personal wireless service facilities), whichever is greater. The setbacks of the rebuilt PWSF shall be no more nonconforming than the most nonconforming of the pre-existing facilities.
B. The issuance of a permit pursuant to this section allowing the modification or demolition and rebuilding of an existing nonconforming PWSF shall not be considered a determination that the modified or rebuilt PWSF is conforming.
C. Except as provided in this section or permitted by federal regulations, a nonconforming PWSF may not be enlarged, increased in size, or modified without being brought into compliance with the regulations of Section 20.10.455 (Personal wireless service facilities).
D. Abandonment and Termination of a Nonconforming PWSF.
1. A nonconforming PWSF is deemed abandoned and the right to operate a nonconforming PWSF shall terminate immediately if any of the following occur:
a. The nonuse of the PWSF for a continuous period of one hundred twenty days or more;
b. A portion or all of the PWSF is damaged or destroyed by the intentional act of the owner or his agent;
c. Discontinuance or abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner if the nonconforming PWSF is dilapidated, substandard, or is not maintained in a suitable condition during a continuous period of one hundred twenty days.
2. The owner of a ground-mounted personal wireless service facility shall notify the city in writing within one hundred twenty days of nonuse of the PWSF that a facility is no longer needed or is not in an operable condition. After which time, the regulations of Section 20.10.455(C) shall be followed.
E. Property Affected by Right-of-Way Acquisition.
1. In the event that a right-of-way acquisition by a governmental agency causes a PWSF to be in violation of Section 20.10.455, said PWSF shall be exempt from said provision to the extent said violation is caused by the right-of-way acquisition, subject to the following:
a. The PWSF must have been legally permitted at the time of the initial placement; and
b. Must be located to the remainder of the property or remain in its existing location; and
c. Cannot be altered or enlarged; and
d. Must be registered as legal nonconforming and be subject to the provisions of Section 20.22.100 (Nonconforming PWSF).
(Ord. 16653 § 2 (part), 2007) (Ord. No. 19016, § 8, 1-7-2020)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.22NOSI_20.22.100NOPWFetched: 10/28/2026