The purpose of the regulations described by this article is to allow the compatible and orderly development, within the city, of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time. A use permit is required for all conditional uses as set forth in the conditional use paragraph of each use district. At no time may a structure or property be adapted to a conditional use without first obtaining a use permit.

The city's planning director shall have the responsibility for processing all use permits required for conditional uses 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 use permit:

1.

Notice to all owners of real property within 200 feet of the property for which application has been made shall be mailed, but in no case shall this notification occur less than ten days prior to consideration at a meeting of the planning and zoning commission to consider such application.

2.

Application concerning use permits for those uses which are conditional 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 use permit after a public hearing if the proposed use fails to meet one of the criteria set forth in requirements for approval.

3.

Appeal shall be in accordance with section 1.24 of this chapter [ordinance].

(Ord. No. 4664, 8-13-2018; Ord. No. 4757, 1-28-2019)

The property owner or certified agent shall make application on a form prescribed by the city and such application shall provide drawings as set forth in "site plans required," section 1.52, 1—3. Obtaining a use permit does not exempt the applicant from complying with requirements of the building code or other ordinances. The fee for a use permit shall be recommended by the city planning and zoning commission and approved by the city council. Payment of such fees shall not be refundable in whole or in part.

1.

Purpose: The purpose of the site plan is to ensure compliance with the zoning ordinance and to assist in the orderly and harmonious development of the City of Mission, the stability of land values and investments, and enhancement of the general welfare.

2.

Recording: The applicant shall file with the planning director one copy of his site plan.

3.

Contents: The site plan shall contain drawings to scale to indicate as needed:

a.

The location of all structures on the subject property and on adjoining property;

b.

Landscaping and/or fencing of yards and setback areas and proposed changes:

c.

Design of ingress and egress;

d.

Off-street parking and loading facilities;

e.

Height of all structures;

f.

Proposed uses; and

g.

The location and types of all signs, including lighting and heights.

1.

The planning and zoning commission may permit a conditional use subject to appropriate conditions and safeguards when the commission finds:

a.

That the proposed use meets all the minimum standards established in this section and other applicable ordinances.

b.

That the proposed use meets the intent of the district in which it is located.

c.

That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.

2.

Appeal of a decision of the planning and zoning commission shall be in accordance with section 1.24 of this chapter [ordinance].

1.

The city planner shall ensure compliance with this section and the permit. He shall:

a.

Make inspections to determine compliance with the provisions of this section and the permit, and initiate appropriate action if necessary.

b.

Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the permit.

2.

Upon determination of noncompliance with the provisions of the conditional use permit, the city planner shall take action as follows:

a.

Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

b.

Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.

3.

The planning and zoning commission, after due hearing, may recommend to the city council to revoke any conditional use permit that has been reported in violation by the city planner. Continued use without a permit will be a violation of the zoning ordinance and subject to the same penalties provided therein.

4.

If a use permit has not been used within one year after the date granted, the permit is automatically canceled.

5.

In lieu of a hearing before the planning and zoning commission and city council, the city council may, at the time of issuance of a conditional use permit, delegate to the city manager or designee, the authority to revoke the permit for noncompliance. The city manager, or designee, may not revoke any permit prior to the expiration of the time period given to the permit holder within which to comply. A revocation pursuant to this section does not prohibit a permit holder from reapplying for a subsequent permit.

(Ord. No. 1390, § 11, 1-26-1987; Ord. No. 1661, § 3, 3-23-1992; Ord. No. 3781, §§ 1, 2, 6-18-2012; Ord. No. 4520, § 3, 5-22-2017)

1.

All conditional use permit applications shall be acted on by the city council for final disposition. If the conditional use permit does have a time limitation attached, the expiration date shall be set forth. Any permittee wishing a renewal of such permit for successive time periods shall make application for renewal to the city manager or his designated representative, not less than 20 days before permit expiration. Renewal of the permit must follow the same procedures and notification as the issuance of a new permit.

2.

A conditional use permit shall not be transferable upon transfer of title to property for which a conditional use permit has been granted, unless specified by the city council at the time the conditional use permit is granted.

3.

A conditional use permit will be required for any use that is required to have a conditional use permit under this section but was in existence prior to the adoption of this section, if such use is discontinued or abandoned for 30 consecutive days or for 180 days during any three-year period.

(Ord. No. 3781, §§ 3, 4, 6-18-2012)

1.

Home occupations:

a.

The area used in conducting the home occupation will be clearly secondary to the residential use. Such permitted occupation shall not create offensive noise, vibration, smoke, dust, odor, heat or glare or require more than four parking spaces.

b.

A sign may be posted within a maximum size of 24 inches × 118 inches and must be non-illuminated.

c.

There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling.

d.

There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.

e.

There shall be no outside storage of materials or products.

f.

The permitted use shall not create frequent or heavy traffic greater than ten percent of the average load per hour, per street.

g.

The planning and zoning commission may, under extenuating or special circumstances unique to the home occupation, recommend waiver of this provision on a temporary or permanent basis to the city council who shall have the ultimate authority on the matter. With regard to proposed variances to subsections 1.56 1.a., d. and/or f., a minimum of 90 percent of the property owners within 200 feet mailout radius shall provide written support for the proposed home occupation to request variance. Should the 90 percent threshold not be provided, no variance shall be considered.

2.

Mobile homes or portable buildings:

a.

One mobile home may be placed on an unsubdivided tract of land when:

(1)

It is to be occupied by the owner;

(2)

The tract is five acres or larger;

(3)

The only use of the land is for agricultural purposes.

b.

The mobile home or portable building must be located in such a manner as to have access to public right-of-way within 200 feet.

c.

The mobile home must be connected to an approved water distribution and sewage disposal system. Portable buildings, if approved for occupancy, must have an approved water distribution and sewage disposal system available for its use.

d.

There must be a provision for garbage and trash collection and disposal.

e.

The mobile home must be tied down and meet all other applicable provisions of the mobile home ordinance.

f.

Portable building requirements shall not include portable buildings used for storage purposes only, and meeting the setbacks required in adopted city ordinances.

3.

Bars, cocktail lounges, taverns, cantinas, saloons, dancehalls, discotheques, discos or nightclubs:

a.

The property line of the lot of any of the above-mentioned businesses, especially those businesses which have late hours (after 10:00 p.m. [12:00 noon]) must be at least 300 feet from the nearest residence, church, school or publicly owned property, or must provide sufficient buffering and sound insulation of the building such that the business is not visible and cannot be heard from such structures or areas, and must be designed to prevent disruption of the character of adjacent residential areas. The planning and zoning commission may, under extenuating or special circumstances unique to the site or event, recommend waiver of the 300-foot requirement on a temporary or permanent basis to the city council who shall have the ultimate decision on the matter.

b.

The above-mentioned businesses must be as close as possible to a major arterial, and shall not allow the traffic it generates onto residential sized streets, or allow it to exit into and disrupt residential areas.

c.

The above-mentioned businesses must provide parking in accordance with the requirements of this and any other ordinances of the City of Mission, as a minimum, and make provisions to prevent use of adjacent streets for parking, especially those in adjacent residential areas, by providing additional on-site parking.

d.

The above-mentioned businesses must do everything possible to prevent the unauthorized parking of its patrons on adjacent business or residential properties including when necessary, the installation of fences and hedges, and/or the reorientation of entrances.

e.

The above-mentioned businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on-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.

f.

The above-mentioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.

g.

The above-mentioned 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, chief building inspector and director of planning. This number cannot exceed the number provided for in existing city ordinances.

4.

Guesthouses, garage apartments and separate servant's quarters:

a.

The above-mentioned uses require a 12,000 square foot lot in all districts except the R-3 district. They must otherwise comply with all area requirements of the district in which they are located.

b.

With the exception of the R-2 and R-3 districts, none of the above-mentioned uses may be made available or used for lease, rent, hire, and the owner of such use may not receive remuneration for the use of one of the above. In addition, in no district shall such uses be sold or conveyed separately without meeting the requirements of the subdivision ordinance.

5.

[Amusement parks, circus or carnival grounds, commercial, recreational or amusement developments or tents:] Amusement parks, circus or carnival grounds, commercial, recreational or amusement developments, or tents or other structures may not be located within 300 feet of any residentially used property. The measurement of such distance to be from lot line to lot line. The planning and zoning commission may, under extenuating or special circumstances unique to the site or event, recommend waiver of the 300-foot requirement on a temporary or permanent basis to the city council who shall have the ultimate decision on the matter.

6.

[Existing railroads and private utilities:] Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial district but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such district without a special use permit.

7.

Household goods warehousing or storage in individually rented/leased storage units:

a.

Storage units shall be located in such a manner to minimize traffic impact on residential streets and adjacent residential uses.

b.

There shall be no loading docks or ramps for heavy vehicles.

c.

There must be a security fence to protect the units.

d.

There shall be no outside storage of materials, products, or goods.

e.

Paved perimeter access for police and fire patrol shall be provided.

f.

Storage units located in AO-1 and R-3 districts shall not be used for retail or wholesale purposes, except in accordance with Ordinance No. 957 and Ordinance No. 1052 governing garage sales and yard sales.

g.

Security lights must be provided in a manner which minimizes impact on adjacent residential uses.

8.

[Pollution:] No form of pollution shall emanate beyond the immediate property line of the permitted use.

9.

[Imposition of additional restrictions:] 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.

10.

Gun shooting range:

a.

Gun shooting range must be an indoor, non-smoking, facility where the actual discharging of firearms will take place.

b.

Sound abatement technology to be properly used so that the total noise decibel level will not be over 70 decibels at a distance of 200 feet from the facility.

c.

Unless otherwise approved by the city council, the hours of operation for a facility located within 300 feet of residential properties shall not be after 8:00 p.m.

d.

The backstop(s) and bullet trap(s) must be pre-approved by the City of Mission.

e.

There shall absolutely be no alcohol permitted on the property inclusive of BYOB proposals.

f.

The ventilation system must be engineered to safeguard the patrons, et al., from exposure to lead; said ventilation system must comply with all prevailing regulations.

g.

Internal "rules and regulations" to be enforced by the operator are to be filed with the City of Mission for review, to include, but not be limited to, their reloading policy, storage of gun powder (location/quantity), patrons wearing ear/eye protection, a maintenance plan to assure that the equipment is functionally safe and in order, etc.

h.

Must comply with all prevailing county, state, and/or federal regulations; to include, but not be limited to, the Resource Conservation and Recovery Act (RCRA).

i.

Other measures that the City of Mission perceives is reasonable, to include, but not be limited to, regulating the hours of operation, to maximize the health and safety of the patrons and/or the surrounding neighbor(s).

11.

Mobile food unit and mobile food park:

a.

All mobile food units and mobile food parks shall comply with all appurtenant health codes of the State of Texas and all ordinances of the City of Mission, Texas.

b.

Mobile food units shall be placed on, at a minimum, compacted gravel base. Mobile food units shall not be parked on unimproved surfaces.

c.

Mobile food units shall not be allowed within one-mile of another mobile food unit or mobile food park. This subsection does not apply to mobile food units approved by city council prior to enactment of this amendment.

d.

Mobile food parks shall not be allowed within half-mile of another mobile food park or within one-mile of a mobile food unit and may only be located on commercial zone properties.

e.

Each owner of a mobile food unit that satisfactorily meets the criteria for approval, will be allowed a one-year conditional use permit. Upon completion of the one-year initial permit, the owner may apply for subsequent renewals to city council. This does not apply to mobile food units approved for use on city-owned property. The conditional use permit is not transferable as stated in article X. conditional use permits, section 1.55.

f.

A mobile food unit may operate in all other use districts for the limited purpose of a public or private event for which the mobile food unit has written permission to operate on the owner's property. This does not apply to mobile food units approved for use on city-owned property.

g.

A mobile food unit shall not operate on a public property or right-of-way, unless permission has been granted by the city council.

h.

All mobile food units shall obtain a business permit/license in accordance with appendix A—zoning, article ix.—business permit for each specified location where sales are to take place from a mobile food unit.

i.

All mobile food unit vendors must obtain a permit from the City of Mission health department to operate as a mobile food unit or mobile food park. All mobile food units and mobile food parks shall ensure appropriate grease traps are installed for the units/parks.

j.

All mobile food units participating in any City of Mission event are exempt from the conditional use permit process. However, a mobile food unit that is approved to participate in a City of Mission event must apply for a temporary permit with the health department, not to exceed three days, and comply with all other ordinances of the City of Mission, including health codes.

k.

The city council may designate certain areas within the city limits of the City of Mission as mobile food parks. Once designated, mobile food units authorized to operate within the mobile food park, are exempt from the one-mile distance separation requirement, but must comply with all other requirements of the business permit/license process.

12.

Bring your own beverage (BYOB) establishments:

a.

The applicable requirements for BYOB establishments include but are not limited to:

(1)

An applicant for a BYOB permit, or the applicant's designated agent, must reside within the State of Texas and within 100 miles of the territorial limits of the City of Mission. The applicant or designated agent must provide their address and sign the application.

(2)

An applicant for a BYOB permit must not have a conviction for a felony.

(3)

Each individual who has an ownership interest in, or who will manage or otherwise exercise control over the proposed BYOB establishment must provide their full legal name, address, date of birth, and authorize the city to conduct a criminal background check.

(4)

For an applicant that is a legal entity and not an individual, the application must include:

(i)

Documentation from the Texas Secretary of State that demonstrates the entity is authorized to conduct business in Texas;

(ii)

Designation of an individual permit holder that resides in the State of Texas and within 100 miles of the territorial limits of the City of Mission, and the address of the residence of such individual;

(iii)

A designated agent, who is a citizen of this state, to represent the entity in matters before the city and its advisory boards and to be responsible for the proper conduct of any activity at the proposed BYOB establishment.

(5)

If the applicant does not own the property upon which the proposed BYOB establishment is located, a notarized letter of consent from the owner must be submitted with the application.

(6)

BYOB establishments must comply with all ordinances of the City of Mission and all laws of the State of Texas.

(7)

BYOB establishments may not exceed three calls for emergency or other police services within any 90-day period that first responders indicate involve weapons, violent crime, drugs or drug paraphernalia, public intoxication, calls categorized by law enforcement personnel as a major disturbance, deadly conduct, a felony offense, or human trafficking related offenses.

(8)

BYOB establishments shall post the BYOB permit in a prominent public location at the BYOB establishment.

(9)

A BYOB permit holder shall ensure that the permit holder or designated agent is continuously on the BYOB establishment's premises during the hours of operation.

(10)

BYOB establishments shall close between 2:00 a.m. and 10:00 a.m. each day and shall not permit a person to consume an alcoholic beverage on the premises between 2:15 a.m. and 10:00 a.m. each day.

(11)

BYOB establishments may not allow a member of the public to remain on its premises, including a parking area, between 2:30 a.m. and 10:00 a.m. each day.

(12)

BYOB establishments must designate the portions of the premises on which the consumption of alcoholic beverages is permitted and said designated area must exclude parking areas. BYOB establishments shall place signs at every exit from the designated area advising patrons that consumption of alcoholic beverages is not permitted beyond the exit. BYOB establishments shall post signs in each parking area located on the same property at the BYOB establishment stating that the outdoor consumption of an alcoholic beverage on the premises, outside of the designated area, is prohibited.

b.

No form of pollution shall emanate beyond the immediate property line of the permitted use.

c.

The planning and zoning commission may impose additional reasonable restrictions or conditions for any BYOB permit, 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.

(Ord. No. 1390, §§ 12, 13, 1-26-1987; Ord. No. 1453, § 4, 4-25-1988; Ord. No. 2327, § 1, 8-10-1998; Ord. No. 2735, 1, 3-11-2002; Ord. No. 3660, § B, 7-25-2011; Ord. No. 4203, § C, 3-23-2015; Ord. No. 4664, 8-13-2018; Ord. No. 4701, § 2, 9-24-2018; Ord. No. 5207, § 2, 8-8-2022; Ord. No. 5359 meeting, § 1(c), 8-28-2023; Ord. No. 5505, 6-24-2024; Ord. No. 5636 meeting, § 2, 4-28-2025)