The document outlines new public hearing notification requirements for the El Paso City Code. It requires applicants to directly notify individual tenants in multi-family dwellings within certain buffer zones of proposed projects through methods like door hangers or letters. It also increases on-site posting requirements for properties over 1 acre to include bilingual text on larger, colored signs. The changes aim to expand participation for public hearings on zoning changes, special permits, and amendments by improving awareness among potentially impacted residents.

1. El Paso City Code Requirements
For Public Hearing Notifications—
Final Ordinance
El Paso City Council Public Hearing
November 19, 2013

2. SECTION 1. That Title 20, Zoning, Chapter 20.04 Administrative
Provisions, Article VII Public Hearings, Section 20.04.520 Notice, Section A of
the El Paso City Code shall be amended as follows:
20.04.520 Notice.
Where a public hearing is required by this chapter, notice shall be given in
the manner specified below:
A. Content of Notice. Required mailed notices and notices by
publication shall include the date, time, and place of the hearing, a
description of the subject matter of the hearing and the body holding
the hearing. The mailed notices shall be in the form of a standard
letter or a postcard and shall include the information in both English
and Spanish. The postcard shall be a minimum size of 5.5 inches (H)
by 8.0 inches (W). Required on site posting of notice shall be as
specified in subsection (B)(2)(d) of this section.

3. B.
Provision of Notice. Notice will be given as per Chapter 2.102 of this Code and additionally in the
following manner:
2.
On applications for special permits, amendments to zoning conditions and amendments to the district
map, additional notice shall be given as follows:
a.
Notice of hearing before the city plan commission shall be given by mail to all owners of real property,
as indicated by the most recently approved municipal tax roll within three hundred feet of the lot line
of the subject property.
i.
In addition to notice given to owners of the real property within three hundred (300) feet of the lot line
of the subject property, if a multifamily dwelling is located on any parcel of real property within the
three hundred (300) feet of the lot line of the subject property, notice shall be provided to each
dwelling unit of the multifamily dwelling.
ii.
Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following
identified methods which are listed in order of preferred method of notice: (1) written notice to the
property manager of the multi-family dwelling, (2) posting of the notice in a common area of the
multi-family dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an
email sent to the dwelling units in a multifamily dwelling by the property manager or the real property
owner, or (5) with the permission from the property manager or the real property owner, door hangers
placed at each dwelling unit in the multifamily dwelling.
iii.
In the event notice to dwelling units in a multifamily dwelling cannot be given by any of the abovementioned methods, the City staff will provide a memorandum explaining the notification attempts to
the City Plan Commission and the City Council. Any otherwise properly enacted zoning classification
shall not be invalidated because notice by any of the above-mentioned methods could not be provided
to dwelling units in a multifamily dwelling.

4. b. When applications for special permits, amendments to zoning conditions, and amendments to the
district map involve a Public Utility Facility, notice of hearing before the City Plan Commission shall be
given by mail to all owners of real property, as indicated by the most recently approved municipal tax
roll within one thousand (500) feet of the lot line of the subject property.
i.
In addition to notice given to owners of the real property within one thousand (500) feet of the lot line of
the subject property, if a multifamily dwelling is located on any parcel of real property within the one
thousand (500) feet of the lot line of the subject property, notice shall be provided to each dwelling unit of
the multifamily dwelling.
ii.
Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following
identified methods which are listed in order of preferred method of notice: (1) written notice to the
property manager of the multi-family dwelling, (2) posting of the notice in a common area of the multifamily dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an email
sent to the dwelling units in a multifamily dwelling by the property manager or the real property owner, or
(5) with the permission from the property manager or the real property owner, door hangers placed at each
dwelling unit in the multifamily dwelling.

5. Continued . . .
i.
In addition to notice given to owners of the real property within one thousand (1,000) feet of the lot line
of the subject property, if a multifamily dwelling is located on any parcel of real property within the one
thousand (1,000) feet of the lot line of the subject property, notice shall be provided to each dwelling unit
of the multifamily dwelling.
ii.
Notice to the dwelling units in a multifamily dwelling units must be provided by any of the following
identified methods which are listed in order of preferred method of notice: (1) written notice to the
property manager of the multi-family dwelling, (2) posting of the notice in a common area of the multifamily dwelling, (3) mailed notice sent to each dwelling unit in the multifamily dwelling, (4) an email
sent to the dwelling units in a multifamily dwelling by the property manager or the real property owner, or
(5) with the permission from the property manager or the real property owner, door hangers placed at each
dwelling unit in the multifamily dwelling.
iii.
The applicant for a special permit, an amendment to zoning conditions, or an amendment to the district
map involving a Public Utility Facility is responsible for providing the required notice and for all costs of
providing the required notice. The applicant shall provide written documentation to the City that the
required notices have been provided unless the applicant has requested that the City provide the notices of
the hearing and reimburses the City for all its expenses upon receipt of an invoice.
iv.
In the event notice to dwelling units in a multifamily dwelling cannot be given by any of the abovementioned methods, the City staff will provide a memorandum explaining the notification attempts to the
City Plan Commission and the City Council. Any otherwise properly enacted zoning classification shall
not be invalidated because notice by any of the above-mentioned methods could not be provided to
dwelling units in a multifamily dwelling.

6. 20.02.754 Public utility facility.
"Public utility facility" means the buildings, structures and facilities relating to the furnishing of public utility
services to the public. Public utility facilities shall be categorized as follows:
A. Minor Utility Facilities. Minor utility facilities shall include facilities which are necessary to support
principal development including, but not limited to, lines, poles, pipes, drains, conduits, wires, meters,
valves, hydrants, cross-connection control devices, transformers, gauges and other similar facilities which
serve to distribute and transmit electrical power, gas, water and other essential public utilities; bus shelters,
terminals and other similar facilities necessary for mass transportation service; bridges, catch basins,
channels, culverts, detention ponds, ditches, flumes, pipes and other similar facilities which serve to carry,
store, divert or collect storm drainage from land; and which minor utility facilities are customarily placed
within a public right-of-way or public easement.
B. Water and Wastewater Utility Facilities. Water and wastewater utility facilities shall include facilities
providing service, maintenance or repair of essential public utilities to one or more developments including,
but not limited to, wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations,
regulators and other similar facilities; and which are not a minor or major utility facility.
C. Communication Utility Facilities. Communication utility facilities are not minor or major utility facilities
and shall include facilities that provide for the transmission, transfer and distribution of telephone service and
related activities. Facilities include, but shall not be limited to, communications exchanges, mini-huts, maxihuts and other similar facilities.
D. Major Utility Facilities. Major utility facilities shall include facilities which are used primarily for the
storage, treatment, distribution or collection of an essential public utility service including, but not limited to,
facilities for generation of energy, water and wastewater treatment plants, storage yards, switching facilities,
primary substations and similar facilities.

7. c. Notice of hearing before the city council shall be given as follows:
ii. The published notice shall contain:
1. the name of the property owner(s) requesting the special permits, amendments
to zoning conditions, or amendments to the district map;
2. the legal description of the property or the physical address assigned to the
property; if no address has been assigned, the notice shall contain the name and
block number of the street(s), if any, abutting the property, for which the special
permit, amendment to zoning conditions, or amendments to the district map has
been requested, and
3. and an electronic link to the City’s website containing the City Council agendas
at which the application will be introduced and the identified public hearing
date at which the application will be considered.

8. d. On site posting of notice by an applicant is required for parcels of one acre or
more. Such on site posting of notice shall comply with the following:
i.
Location. The notice should be placed on the proposed site so that it is
clearly visible and legible from each right-of-way abutting the property.
1. The sign(s) shall be placed perpendicular to the street frontage and be
double sided.
2. One sign per right-of-way shall be required. However, if a property
is separated by a right-of-way, on site posting shall be required for
each side of the property divided by the right-of-way.
3. Required signage shall be made of durable material. Signage shall be
properly anchored to the ground with at least two posts, a building, a
fence, or a wall. The top of the text portion of such signage shall be a
minimum of five feet above ground.

9. iii. Size and Content. A sign area with a minimum width of eight feet and a
minimum height four feet shall be required. The sign shall provide a caption
stating:
Location of Proposed Rezoning (or other type of application); an explanation of
the requested rezoning (or other type of application), i.e. change to zoning map
from one district to another, Public Hearings Are Scheduled; and a telephone
number for additional information (telephone number to be provided by the
planning official).
The caption shall also be provided in Spanish. The caption shall be in black fourinch bolded block lettering and appear on a light green background.
iv. Zoning Validity. Any otherwise properly enacted zoning regulation shall not be
invalidated by failure to comply with subsection (B)(2)(dc) of this section.

10. 4 FEET HEIGHT
ENGLISH
TEXT
SPANISH
TEXT
8 FEET WIDE

11. City Plan Commission Public Notification Letters City Code-Bilingual
1.
2.
3.
4.
Case Number & Information
Date, Time, & Location of Public Hearing
Information for How to Voice Concern/Input
Map of Location of Property

12. CPC Suggestions—August 22
• Use Social Media To Augment Notifications
• Community Information Page In Each Representatives’
Homepage
• Require That Text Be On Both Sides
• Include Postcard In EPWU Bill To Notify Residents Of
Changes

13. Greater El Paso Association of REALTORS Comments
and Recommendations
The association recommends to send the item back to LRC for further review and
address the following issues and concerns:
• The City already goes above State Code requirements why increase that
further?
• Based on the 211 State Code requirements majority vote can only be triggered
by property owners within the 200 ft. additional notification will not make a
difference as they can’t be counted in 211.
• Has the City conducted any type of research on the possible effects to
business/property owners? Who will pay for any additional forms of
notification such as door hangers or will application fees be increased?
• Can this have an effect on the validity of neighborhood associations?
• Sign posting requirements no longer look official with added color and are too
big.
• There are other ways to generate public outreach and involvement in the
public hearing process such as web pages, tv, and radio.
• Additional notification requirements will cause increased work load for City
Staff preparing notifications.

14. Questions?

15. El Paso City Code Requirements
For Public Hearing Notifications—
Final Ordinance
El Paso City Council Public Hearing
November 19, 2013

16. Types of Notifications
• Official City Letterhead Notification Letter and Map Prior to
(CPC) within 300” Buffer
• Neighborhood Association Notification Letters Prior to (CPC)
• On Site Posting Prior to (CPC, CC)
• Newspaper Notices Prior to (CC)
• City Clerk Notices (Postcard) Prior to (CC)

17. City Council Newspaper Notification Notices

18. Apartment Notifications
• Require Applicant to Notify Individual
Affected Tenants & Property Owners
• Door Hangers
• Drop-off Letters for Property Managers
• Email Confirmation
• Require Staff to Notify (Increase Fees)
• Work with El Paso Apartment Association
• Drop-off Letters for Property Managers
• Email Confirmation

20. Notification Requirements for Subdivisions
Section 212.015 of the Local Government Code requires notices for replats where:
(1) during the preceding five years, any of the area to be replatted was limited by an
interim or permanent zoning classification to residential use for not more than
two residential units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use
for not more than two residential units per lot
Notices must be given before the 15th day of the hearing.
Title 19 Subdivision Code
Section 19.07.030 Special Replat Requirements follows same requirements provided in
Sect. 212.015 of the Local Gov’t Code.
Notices include the following:
•
•
Publication in an official newspaper; and
Written notice to owners of lots that are in the original subdivision and within
200 feet of the lots to be replatted, as indicated on the most recently approved
municipal tax roll.
Both must be given before the 15th day before the date of the hearing

21. Notification requirements for vacating right-of-ways
Title 19 Section 19.15.040.E.2(b) requires notices for CPC and City Council hearings to all
property owners:
(a) Abutting an alley or public right-of-way proposed to be vacated;
(b)Within the block contiguous to the alley or public right-ofway proposed to be vacated; and
(c)Within a two hundred foot radius of the alley or public
right-of-way proposed to be vacated.
Notice shall be given at least ten days prior to the public hearing.
Property ownership shall be determined by reviewing the last approved ad valorem tax roll
of the city available.
In addition, a legal notice in a newspaper of general circulation in the city shall be placed
regarding information of the public hearing before the city plan commission on the public
right-of-way proposed to be vacated. Notice shall appear in the newspaper ten days prior to
the public hearing date.