Fillable City of El Paso, Texas LEGAL NON-CONFORMING APPLICATION (City of El Paso)

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City of El Paso, Texas LEGAL NON-CONFORMING APPLICATION (City of El Paso)

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1
LEGAL NON-CONFORMING APPLICATION
CITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
City of El Paso, Texas
811 Texas Avenue
El Paso, TX 79901
915-212-0088
1. CONTACT INFORMATION
2. PARCEL INFORMATION
3. ADDITIONAL INFORMATION
APPLICANT(S): __________________________________________________________________________ _______
ADDRESS: _________________________________________ ZIP CODE: _____________ PHONE: _____________
E-MAIL ADDRESS: _________________________________________________________ FAX:________________
PROPERTY OWNER (IF DIFFERENT FROM APPLICANT): ______________________________________________
PROPERTY IDENTIFICATION NUMBER: ____________________________________________________________
LEGAL DESCRIPTION: ___________________________________________________________________________
STREET ADDRESS OR LOCATION: __________________________________________ REP DISTRICT: ________
ACREAGE: __________________ PRESENT ZONING: __________ PRESENT LAND USE: ____________________
WHAT IS BEING DECLARED AS NON-CONFORMING? (A USE OR A STRUCTURE? PROVIDE DETAILS. EXPLAIN
CONDITIONS, EXCLUSIONS.)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
SINCE WHEN HAS THE STRUCTURE OR USE EXISTED? (CODE CHANGE OR ANNEXATION)
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IS A SCALED PLOT PLAN ATTACHED? YES
LIST DOCUMENTS BEING PROVIDED AS PROOF OF NONCONFORMING STRUCTURE OR USE:
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Revised 4/2014
**OFFICE USE ONLY**
CASE #_________________________ RECEIVED DATE: ___/___/___ APPLICATION FEE: $____________
ACCEPTED BY: __________________________________ PRINT NAME: ______________________________
2
REQUIREMENTS FOR PROVING AND REGISTERING A
NON-CONFORMING SITUATION
1. To be considered non-conforming, the non-conforming situation shall have existed since prior to November
23, 1955 when the “modern” Zoning Ordinance became effective, or since the location of the property was
annexed by the City of El Paso, or prior to the approval of any ordinance, legal opinion or regulation, which
rendered the property non-conforming.
2. In order to register a non-conforming situation, this department requires a scaled plot plan.
3. You may submit aerial photographs, copies of approved building permits, approved building permit plans,
certificates of occupancy, copies of tax records, photographs and any other documents that show when the
non-conforming situation began.
4. Any written statements (affidavits) submitted as proof need to be notarized.
5. If the need is to prove a non-conforming situation in regard to setbacks or other exterior structural or use,
an aerial photo, identified and dated by City personnel, may be accepted, provided necessary details are
shown on the photo.
6. If the need is to prove the non-conforming use of a dwelling in a commercial or manufacturing zone, a
printout with a date of construction from the Central Appraisal District may be accepted.
7. After a review of documents, maps, photos, etc., by the Office of the Zoning Administrator, the City will only
presume the structure or use of property to be non-conforming as to use, area, yards, setbacks, or off-
street parking. Should any other person or persons furnish the City with proof to contradict yours, you
may, if you wish to resolve the issue, apply to the Zoning Board of Adjustment for a “Determination.”
3
AFFIDAVIT
NOTE: Affidavits become a permanent part of our records. We require that they be typed on letter size
paper (8-½ x 11). Affidavits are sworn statements that must be notarized and state exactly what is
being declared, for example:
non-conforming height (state height)
setbacks (example - 2’ from front property line)
use (example - auto sales in C-2 zone)
EXAMPLE OF AFFIDAVIT
To Whom It May Concern:
My name is John Doe and I reside at 100 S. Main Street. I have lived at this address since before 1955
and I am aware of the existing physical conditions in our neighborhood. Mr. Johnson’s house, at 105 S. Main
Street has been there since before 1955 and was built with a zero lot line on the north side of the lot.
_______________________________________________
Signature
STATE OF TEXAS
COUNTY OF EL PASO
SWORN TO AND SUBSCRIBED TO BEFORE ME THIS _____ DAY OF ___________________, 20___.
________________________________________________
Notary Public
4
SAMPLE PLOT PLAN
Requirements:
1. Legal description and street address for the property;
2. Location and arrangement of structures, including proposed additions or expansions;
3. Location and arrangement of accessory structures or buildings;
4. Location of streets with ingress and egress, including curb cuts and driveways;
5. Size and use of structures, including number of dwelling units;
6. Lot lines with dimensions of the areas;
7. Required yards and setbacks;
8. Utility rights-of-ways and easements;
9. Screening walls or fences, where required;
10. Retaining walls, where applicable; and
11. Pedestrian ways and sidewalks.
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City of El Paso, Texas LEGAL NON-CONFORMING APPLICATION (City of El Paso)

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Completed 12 February 2021

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