§ 20.10.385. Natural open space.

A.

Purpose. The purpose of these regulations is to promote the following city objectives within the mountain, hillside, arroyo, bosque, and desert flatland areas, as well as other natural open space areas:

1.

To protect and promote ecologically sensitive areas in conformance with the goals and policies of the city's comprehensive plan and open space master plan;

2.

To minimize scarring and disturbance of the natural environment, plant and wildlife habitat and visual character of the mountain, hillside, arroyo, bosque, and desert flatland areas through prohibition of development;

3.

To control water runoff and soil erosion and to assure continuation of the existing natural drainage system;

4.

To preserve land that, if disturbed, may be susceptible to flooding and soil erosion due to steep slopes and runoff;

5.

To provide a safe means of ingress and egress for non-motorized traffic to and within the mountain, hillside, arroyo, bosque, and desert flatland areas;

6.

To create a separate district that may be used as a buffer from military land and other land uses;

7.

To assure the permanent use of such areas for their primary natural function, as well as for enjoyment by the general public.

B.

Property development standards. The following land uses and property development standards shall apply to land zoned as NOS.

1.

Before land owned by the city and managed and controlled by the public service board is rezoned to NOS, the city and the public service board shall enter into a joint use agreement specifying the duties and responsibilities for the maintenance of the open space and the management of the passive recreational uses permitted within the area rezoned to NOS.

2.

Refer to Section 20.08 for uses permitted within the NOS zoning district. The uses specified below shall have additional restrictions:

a.

Stormwater retention ponds are permitted but shall be restricted to public facilities only and shall be built in compliance with best practices in low impact design. Additionally, the following standards shall apply:

i.

Grading shall not result in excessive erosion or degrade natural drainage paths or create irreparable scarring and shall be limited to the minimum possible disturbance of terrain and natural land features that are necessary to construct the drainage infrastructure.

ii.

Upon completion of the drainage infrastructure, the area surrounding the infrastructure shall be revegetated through the replanting of appropriate native, non-invasive, adaptive and drought tolerant vegetation.

iii.

Road access, work areas and grading for such access shall be constructed in compliance with best practices in low impact design.

b.

Campgrounds shall be restricted as follows:

i.

Permitted camping units shall be restricted to tents only;

ii.

Access to campsites shall be limited to walking, hiking or other non-motorized means, except that such campgrounds may contain service roads for maintenance of campground facilities.

3.

Walls. Refer to Chapter 20.16 (Screening and Fencing) for applicable standards pertaining to walls and fencing.

4.

Parking. Off-street parking surfaces shall be constructed of pervious surfaces that may include dirt or gravel. Parking shall be provided in accordance with the approved generalized or detailed site development plan.

5.

Site plan. At a minimum, approval of a generalized site plan shall be required for all proposed uses permitted in an NOS district; refer to Section 20.08 for additional site plan requirements by use. In addition to compliance with applicable requirements of this Title, the site plan shall include the following:

a.

General features or concept of the proposed use;

b.

Location of all impervious surfaces, structures, utilities and associated parking, as well as all areas that will be disturbed by the construction of a permitted use;

c.

All areas that shall remain in their natural state;

d.

For applications requiring the submittal of a detailed site development plan, only areas being improved shall require illustration of stormwater drainage elements.

6.

Signs.

a.

On-premises signs shall be permitted; these signs shall comply with all regulations and permitting procedures as codified in Section 20.18 (Signs).

b.

Wayfinding signs including, but not limited to, trailhead kiosks, interpretive signs and trail markers may be permitted after review and approval by the city manager or designee.

7.

Wildlife sanctuary. For purposes of this section, wildlife sanctuaries shall include areas designated as such by local, state or federal documentation. If governmental documentation cannot be produced with an environmentally sensitive designation that meets the following criteria, then the city manager or designee may evaluate the property and determine if it meets one or more of the following characteristics. If the city manager or designee determines it is not an environmentally sensitive area as defined herein a special permit application may not be processed.

a.

Areas with significant natural features;

b.

Areas which enhance the open space and aesthetic qualities of the land;

c.

Areas that protect agricultural resources;

d.

Areas necessary for the preservation of natural resources;

e.

Areas containing habitats for breeding, wintering, migratory, threatened, or endangered species;

f.

Wetlands and wetland transition areas;

g.

Aquifer recharge and discharge areas;

h.

Archaeological sites;

i.

Waters of the state, which includes arroyos; or

j.

Other areas or features that have been designated for protection due to ecological integrity, balance or character.

8.

Landscape treatments.

a.

Permitted uses within this district shall not be required to conform to the landscaping requirements of Title 18 (Building and Construction) of the El Paso City Code. Landscaping, streetscape, and other green areas proposed within the development shall be shown and considered as part of the site plan approval process.

b.

Impervious surfaces, structures, utilities and associated parking constructed as shown on the approved generalized site plan or other site plan, as required by Section 20.08, shall be exempt from re-vegetation requirements.

C.

Incentives.

1.

Applications under this section shall be expedited as follows:

a.

Processing for NOS development plans not requiring city council approval: thirty days;

b.

Processing for an NOS rezoning application, detailed site development plan or other application that requires city council approval: approximately sixty days (minimum) for final approval.

2.

The city shall waive application fees for rezoning, detailed site development plans, and any major or minor amendment applications.

(Ord. No. 17306, § 4, 4-6-2010; Ord. No. 17442, § 22, 10-26-2010; Ord. No. 17490, 1-25-2011; Ord. No. 18531 , § 5, 6-28-2016)