Zoneomics Logo
search icon

Mercedes City Zoning Code

ARTICLE 28

CONDITIONAL USE PERMIT 1

[1]
Editor's note–Former article 28 pertaining to conditional use permits was amended and replaced in its entirety by Ordinance 2025-11 adopted 5/27/2025. Prior to the replacement, this article derived from the following: Ordinance 82-36, sec. 2, adopted 11/16/82; and Ordinance 2010-13 adopted 8/3/10.

§ 1 Definitions.

a. 
Conditional Use Permit:
Permit needed by a property owner in a residential district to allow the existence of a "home occupation use," "convent" or "monastery" in the residence.
b. 
Home Occupations:
A "home occupation" is a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installations of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, with a non-illuminated sign that is no larger than 18 inches by 24 inches to advertise the occupation, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.
c. 
Convent:
A community of six or less women who live a life devoted largely to religious worship.
d. 
Monastery:
A community of men of six or less, especially monks, living together and observing religious vows.
(Ordinance 2025-11 adopted 5/27/2025)

§ 2 Approval, procedure, responsibility, and appeals.

The City's Planning Director shall have the responsibility for processing all conditional use permits required and presenting them to the Planning and Zoning Commission for processing as described below. The following procedures shall be complied with prior to the approval or denial of any Conditional Use Permit.
a. 
Notice to all owners of real property within two hundred (200) feet of the property for which application has been made shall be [given], but in no case shall this notification occur less than ten (10) working days prior to consideration at a meeting of the Planning and Zoning Commission to consider such application.
b. 
Application concerning Conditional Use Permits shall be automatically referred to the Planning and Zoning Commission for a public hearing. The Planning Director shall investigate, notify the adjacent property owners, and provide necessary professional advice. The Planning and Zoning Commission may deny an application for a Conditional Use Permit after a public hearing if the proposed use fails to meet one of the criteria set forth in Requirements for Approval.
c. 
Any person or persons, jointly or severally, aggrieved by any decision of the Planning and Zoning Commission, may present to the City Commission a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the City Commission within ten (10) days after the final decision of the Planning and Zoning Commission, and not thereafter, for notification and calling of a public hearing to hear and act on the appeal.
(Ordinance 2025-11 adopted 5/27/2025)

§ 3 Application, filing procedures, and fees.

The property owner or certified agent shall make application on a form prescribed by the City and submit a Site Plan, if required. Obtaining a Conditional Use Permit does not exempt the applicant from complying with requirements of the Building Code or other ordinances. The initial fee for the Conditional Use Permit shall be $200 and shall be renewable thereafter at the rate of $25 per year. Payment of such fees shall not be refundable in whole or in part.
(Ordinance 2025-11 adopted 5/27/2025)

§ 4 Requirements for approval.

a. 
The Planning and Zoning Commission may allow a conditional use if it finds that:
1. 
The proposed use meets all the basic requirements of this and other relevant ordinances.
2. 
It fits the purpose of the zoning district and aligns with the city's comprehensive plan.
3. 
It will not harm the health, safety, or well-being of the neighborhood or damage nearby property.
b. 
Site plans required.
1. 
The purpose of the site plan is to ensure compliance with the zoning ordinance and to promote the orderly, cohesive development of the city. It aims to protect the public welfare and to prevent the deterioration or devaluation of land caused by construction, additions, or alterations that are not properly planned.
2. 
The applicant must submit three copies of the site plan to the Director of Planning. One copy will be retained in the department's records, while the other two will be used for case investigation and review by the Planning Commission, if a hearing is necessary.
3. 
The site plan must include scaled drawings that clearly show, as applicable:
a. 
The location of all structures on the subject and adjacent properties.
b. 
Existing and proposed landscaping and/or fencing in yards and setback areas.
c. 
Design of ingress and egress points.
d. 
Off-street parking and loading areas.
e. 
Height of all structures.
f. 
Proposed land uses.
g. 
Location, type, height, and lighting of all signs.
c. 
A conditional use permit is valid for up to one (1) year unless a longer period is approved by the City Commission. If a different expiration date is approved, it must be stated in the permit. Permit holders seeking renewal must apply to the Director of Planning (or their designee) at least 30 days before the permit expires. If the site is in compliance and no formal complaints have been filed, staff may renew the permit—for all uses except those involving on-site alcohol sales—for the same duration as originally approved by the Planning and Zoning Commission. If there is evidence or complaints of noncompliance, the renewal must go through the full process and public notification required for a new permit and be reviewed by the Planning and Zoning Commission.
(Ordinance 2025-11 adopted 5/27/2025)

§ 5 Development, revocation and/or automatic cancellation of permit.

a. 
The Building Official is responsible for enforcing the ordinance and permit by:
1. 
Conducting inspections to ensure compliance and taking corrective action if needed.
2. 
Investigating all complaints of noncompliance and maintaining records of actions taken. These records must be available during permit renewal.
b. 
If a violation is found:
1. 
The permit holder will receive written notice outlining the violation, required corrective actions, and a compliance deadline of 10 to 30 days.
2. 
If the issue is not resolved within the given timeframe, the Planning and Zoning Commission will be notified.
c. 
The Planning and Zoning Commission may revoke the permit after a hearing if violations are confirmed. Continued operation without a valid permit is a zoning violation and subject to penalties.
d. 
A permit is automatically canceled if it is not used within six months of approval, or a building permit (if required) is not obtained within that time.
e. 
The permit is automatically canceled if the property is sold or ownership is transferred.
(Ordinance 2025-11 adopted 5/27/2025)

§ 6 Requirements of conditional use.

a. 
Home occupations:
1. 
The area used in conducting the home occupation will be clearly secondary to the residential use.
2. 
A nonilluminated sign not more than 18 inches by 24 inches identifying the name of the owner and his title or occupation may be permitted when attached flush to the main building.
3. 
There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling.
4. 
There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.
5. 
There shall be no outside storage of materials or products.
6. 
The permitted use shall not create frequent or heavy traffic, greater than ten percent of the average load per hour, per street.
7. 
No additions to the residence or accessory buildings specifically to accommodate the business.
8. 
The business must take place in the primary residential structure on the property rather than in a detached garage or separate accessory building.
9. 
The activity must take place at the location for which the permit was issued.
10. 
The business shall obtain a Sales Tax Permit from the Texas Comptroller of Public Accounts for all retail sales as well as taxable services.
b. 
Bars, cocktail lounges, taverns, cantinas, saloons, dancehalls, event centers, discotheques, discos or nightclubs:
1. 
The property line of the lot of any of the abovementioned businesses must be at least 400 feet from the nearest residence or residentially zoned property, church, school, or publicly owned property, and must be designed to prevent disruptions of the character of adjacent residential areas, and must not be heard from the residential area after 10:00 p.m.
2. 
The abovementioned businesses must be as close as possible to a major arterial, and shall not allow the traffic generated by such businesses onto residential streets, or allow such traffic to exit into and disrupt residential areas.
3. 
The abovementioned businesses must provide parking in accordance with the city off-street parking ordinance as a minimum, and make provisions to prevent use of adjacent streets for parking, especially those in adjacent residential areas, by providing additional onsite parking.
4. 
The abovementioned businesses must do everything possible to prevent the unauthorized parking by the patrons of such businesses on adjacent business or residential properties including, when necessary, the installation of fences and hedges, and the reorientation of entrances.
5. 
The abovementioned businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on the site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas, and the orientation of the building such that it provides maximum visibility of as much as possible of the site from a public street.
6. 
The abovementioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
7. 
The abovementioned businesses shall restrict the number of persons within the building to those allowed by the planning and zoning commission at the time of permit issuance, after having taken into account the recommendations of the fire marshal, building official and director of planning. This number cannot exceed the number provided for in existing city ordinances.
c. 
Guesthouses:
1. 
Only one allowed per lot;
2. 
Must meet setback requirements;
3. 
Must be on same utilities as primary residence on lot;
4. 
Lot must be a minimum of 8,000 square feet;
5. 
There can be no separate driveway or garage for the guesthouse;
6. 
It must not be rented out; and
7. 
If money is ever paid for rent or share of utilities, etc., permit will be revoked.
d. 
Parking facilities:
1. 
Sides adjacent to residentially zoned property are screened by a six-foot opaque fence; and
2. 
The paved area is landscaped in compliance with the off-street parking and loading ordinance and landscape ordinance.
e. 
Produce stands:
1. 
Must take place in an agricultural, commercial or industrial zoning district;
2. 
Must take place on a vacant tract of land no smaller than one-half acre with no less than 75 feet of frontage on a public street;
3. 
Produce may be sold out of one pickup truck or car; and no trucks with a bed longer than 12 feet, trailers, or structures of any kind are permitted;
4. 
No more than one pickup truck or car may be permitted on a tract at one time;
5. 
The produce sold must be raised by the vendor;
6. 
The site must be vacated completely every night;
7. 
The operation cannot be located on the same site longer than four months out of a year;
8. 
Proof of ownership of the property or written authorization from the owner must be presented;
9. 
A new permit must be obtained if the location changes;
10. 
The pickup truck or car must be parked on private property, not on public right-of-way;
11. 
The pickup truck or car must be at least 50 feet from the intersection of street right-of-way lines;
12. 
Ingress and egress of traffic to a produce stand must not unreasonably interfere with flow of traffic on the adjacent streets; and
13. 
Must be approved by the city health department.
f. 
Day care facilities:
1. 
Must meet requirements of department of human resources;
2. 
Must have fenced-in area for outside play of children;
3. 
Must have paved area adjacent to street for pickup and delivery of children off of street;
4. 
Area used for day care facilities should be clearly secondary to residential use of structure;
5. 
Person who applies for permit must reside at location for which permit is applied;
6. 
There shall be no more than two day care facilities within 600 feet of each other as measured over the shortest distance of street right-of-way between the facilities;
7. 
No more than one day care facility shall be permitted on a dead-end street or cul-de-sac. That day care facility shall care for no more children than are permitted in a registered family home by the state department of human resources;
8. 
No day care facilities shall be permitted on a half-street or on a street which has a half-street as a means of access;
9. 
Day care facilities which care for more than 12 children shall not be permitted in a residential zoning district;
10. 
No signs are permitted. A one-square-foot nameplate bearing the person's name and occupation may be displayed if attached flat against the wall of the residence;
11. 
No more than one additional employee that does not reside on the premises is permitted; and
12. 
If the person operating the day care facility is not the owner of the property, then the application must be signed by the owner or a letter of authorization from the owner must be submitted.
g. 
Portable and/or temporary food concession stands:
1. 
Cannot be located in residentially zoned area;
2. 
Stand must be inspected by building inspection department and meet applicable building codes;
3. 
Must have paved off-street parking available over and above what is required for the business to which it is adjacent;
4. 
If it is a portable building or trailer it must be anchored to the ground properly;
5. 
Must meet setback requirements of the zoning district in which it is located; and
6. 
Water and sewage disposal facilities must be available and may be required.
h. 
Existing railroads and private utilities, including a telephone service:
May continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than usual poles, wires and underground utilities shall be established in such a district without a special use permit. A masonry wall shall be required as a buffer if the structure is located within the front or side yard, or adjacent to a residential use or zone.
i. 
Church:
1. 
A detailed site plan must be submitted showing building locations, parking areas, landscaping, signage, lighting, and access points.
2. 
The site plan must demonstrate compliance with all applicable zoning, building, and safety codes.
3. 
Off-street parking must be provided in accordance with local zoning requirements, based on seating capacity.
4. 
Traffic flow must not disrupt surrounding residential streets. A traffic impact analysis may be required for large congregations or events.
5. 
Designated drop-off and pick-up zones must be clearly marked to ensure safe and efficient circulation.
6. 
Outdoor amplification of sound is not permitted without a special event permit.
7. 
Activities such as concerts, festivals, or large gatherings must not exceed local noise ordinance limits and may require additional review.
8. 
Landscaping must be installed and maintained to buffer the property from adjacent residential uses.
9. 
Fencing or vegetative screening may be required to minimize visual and noise impact.
10. 
One on-site sign is permitted, subject to size, lighting, and placement restrictions as outlined in the city's sign ordinance.
11. 
All structures must be used primarily for religious worship, education, and related church functions. Any auxiliary uses (e.g., daycares, food pantries, schools) must be identified in the application and may require additional permits or approvals.
12. 
The church must demonstrate that its presence will not negatively affect the health, safety, or welfare of the surrounding neighborhood.
13. 
Complaints from neighboring properties may be grounds for review or revocation of the permit.
No form of pollution shall emanate beyond the immediate property line of the permitted use.
The planning and zoning commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.
(Ordinance 2025-11 adopted 5/27/2025)