REQUIREMENTS FOR PROVING AND REGISTERING A
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.”