An ordinance amending Title 20 (Zoning), Chapter 20.02 (General

Provisions and Definitions), Chapter 20.08,Appendix A (Table of Permissible

Uses) Chapter 20.10 (Supplemental Use Regulations) and Appendix C

(Table of Parking Requirements and Standards) of the El Paso City Code.

Recommendation/Public InputPlanning Division Recommendation: Approval

CPC Vote: Approval Recommendation (5-3)

Public Input: • One letter concerning the proposed ordinance, neither in support nor

opposition.• Three people spoke at the City Plan Commission meeting, two in

favor and one against. Concern focused mainly upon locational criteria related to homeless shelters.

• Dissenting members of the City Plan Commission submitted a minority report for City Council consideration. In summary, those voting in the minority asked City Council to consider:

• Having subcategories of homeless populations;• Allowing some homeless shelters to exist by right;• Delete the requirement for Disabled Group Dwellings that a

staff person must be present at all times; and• Clarify the 1,000 foot spacing requirement between some of

the uses.

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Public Outreach• Meeting 1: Meeting with Volar, July 21• Meeting 2: Large Public Meeting, July 22• Meeting 3: Stakeholder visit, Villa Maria August 11• Meeting 4: Large Public Meeting, August 13• Meeting 5: Stakeholder Visit, Rescue Mission and

Homeless Coalition, August 21• Meeting 6:  Large Public Meeting, August 25• Meeting 7: Large Public Meeting, September 2nd• Meeting 8: Stakeholder Visit, Winchester House and

Sarah McKnight September 2• Meeting 9: Stakeholder Visit, Opportunity Center,

September 3

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Definitions and related Code Sections to be deleted:

• Congregate home• Boardinghouse • Group home• Rooming house• Transitional Housing• Boarding Home (< 4, 5+ distinction)

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New Definitions:• 20.02.427 “Disabled Group Dwelling” means a single family dwelling

designed and used as a residence by no more than six (6) persons with disabilities and 2 supervisors, and who are living together as a single housekeeping unit. Disabled person has the meaning defined by the Federal Fair Housing Act of 1988, as amended. This use does not include a homeless shelter or halfway house as defined in this title.

• 20.02.426 “Group Residential Facility” an interim or permanent residential facility (as opposed to a lodging or medical treatment facility) that provides room and board to more than eight persons, and who live together as a single housing unit. This use does not include a homeless shelter or halfway house as defined in this Title.

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New Definitions (cont.)• 20.02.337 “Emergency Center” means a facility that

provides temporary housing and appropriate supportive services to more than five persons, exclusive of the support staff, whom have been victims of a crime, and are seeking shelter on an emergency basis. The persons seeking shelter could for example, be victims of domestic violence, sexual assault, or human trafficking. This use does not include a homeless shelter of halfway house as defined in this title.

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New Definitions (cont.)• “Homeless Shelter” means a lodging facility that provides lodging,

meals, or lodging and meals, on a temporary basis to more than five persons, who are homeless, and are not related by blood, marriage, or adoption to the head of the household or the owner or operator of the facility; whether or not the facility is operated for profit or charges for the services it offers.

• 20.02.526 “Lodging house” means a dwelling other than a hotel, motel or tourist home, where, for compensation and by prearrangement, lodging, meals, or lodging and meals, are provided to more than five persons unrelated by blood or marriage to the owner or operator; including residential fraternity and sorority houses.

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Supplemental Use Regulations: Boarding Home Facilities

• 20.10.115 Boarding Home Facilities– All boarding home facilities must be licensed

in accordance with the provisions of Title 5 of this Code.

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Supplemental Use Regulations:Disabled Group Dwelling

• Occupancy: Not more than six persons with disabilities and two supervisors may reside in a community home at the same time.

• An on-site resident staff person must be present at all times, whenever any residents of the facility are present.

• The establishment shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

• Districts Permitted: permitted by right in residential, apartment, commercial and special purpose districts when at least 1,000 feet from one another (property line to property line). The 1,000 foot spacing requirement is based upon the non-familial status of the group and not their disability. Council may grant a waiver of the 1,000 foot distance requirement. If there is a conflict regarding the distance requirement, the owner will have to prove “first in time”.

• Disabled status is defined in accordance with the Federal Fair Housing Act.

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Supplemental Use Regulations:Group Residential Facilities

• Occupancy: More than eight disabled persons.• An on-site resident staff person must be present at all times, whenever any residents

of the facility are present. • The establishment shall be operated and maintained in the character of a residential

dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

• Districts Permitted: permitted by special permit in residential and by right in apartment and commercial districts and special purpose districts by detailed site plan or Master Zoning Plan when at least 1,000 feet from one another (property line to property line). The 1,000 foot spacing requirement is based upon the non-familial status of the group and not their disability. Council may grant a waiver of the 1,000 foot distance requirement. If there is a conflict regarding the distance requirement, the owner will have to prove “first in time”.

• Disabled status is defined in accordance with the Federal Fair Housing Act.

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Supplemental Use Regulations: Homeless Shelter• Special permits issued for a homeless shelter shall expire without any further action by the

City Council when: the use for which the permit was issued changes to another use; the facility ceases to operate for one hundred twenty days or more; the facility has a change in ownership; or the occupancy changes.

• An operational plan must be submitted, which includes the following information:– An organizational tree including an estimated total number of professional staff and volunteers

that will work at the shelter;– The estimated number of beds to be provided;– The estimated average population per month;– A description of the services to be provided, such as job placement, drug and alcohol treatment,

and other rehabilitative or training services;– A description of the population expected to be served, for example women, women and children,

single men, families, etc.;– Expected length of stay per person;– Any other information the applicant believes could be helpful to explain the operation and

compatibility of the proposed shelter with the proposed location.• A homeless shelter may not be permitted within one thousand (1,000) feet of another homeless

shelter or halfway house. Measurement is radial—shortest distance between the nearest point of the building site of the homeless shelter and the nearest point of a building site, use, or protect zoning district.

• Existing homeless shelters must register legal nonconforming within 90 days of the passage of this ordinance.

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Permissible Use Table Amendment:• Permitted by right in residential, apartment, commercial

(denoted with a “P”) and special purpose districts (denoted with a “D” or “Z”) for the following uses up to 8 disabled occupants:– Assisted Living Facilities– Convalescent Homes– Intermediate Care Facilities– Nursing Homes– Rest Homes– Boarding Home Facilities– Disabled Group Dwellings

Permissible Use Table Amendment:• Permitted by special permit in residential, and by right in

apartment, commercial (denoted with a “P”) and special purpose districts (denoted with a “D” or “Z”) for the following uses if more than 8 disabled occupants:– Assisted Living Facilities– Convalescent Homes– Intermediate Care Facilities– Nursing Homes– Rest Homes– Boarding Home Facilities– Group Residential Facilities

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Permissible Use Table Amendment (cont.):

• Lodging Houses are permitted by right in all Apartment and Commercial districts.

• Homeless shelters are permitted by special permit in C-3, C-4, C-5 and M-1.

• Emergency Shelters are permitted by right in all Apartment and Commercial districts.