Mission City Zoning Code

1.

Standards and specifications:

a.

Setback, area, and height limitations in commercial and industrial areas (in general). The limitations on setbacks, area, and height are intended to control all areas zoned and platted for commercial and industrial uses after the adoption of this section. Recognizing the inherent problems affecting property in the central business district, these restrictions will not be applicable. Parcels zoned and platted for commercial or industrial purposes existing at the time of the adoption of this section that are less than 50 feet in width are also exempted from these restrictions. In those instances, the area requirements of Ordinance No. 323, adopted April 7, 1955, will be required. Furthermore, any subsequent drive-thru service window businesses shall be prohibited from entering and/or exiting onto public alleys where said alleys serve any adjoining residence(s).

2.

Setback, area and height limitations in commercial and industrial areas (specific):

a.

A minimum ten-foot side yard setback shall be required on corner lots.

b.

The minimum width of a building site shall be 25 feet of frontage on a public street.

c.

The minimum front yard setback shall be equal to one-fourth (25 percent) of the width of the street right-of-way which it faces or in line with the majority setback of existing structures in the block face, whichever is greater. In a C-1 zone, the front yard setback shall be one foot back of street right-of-way line for each two feet in height, or as specified above, if that distance is greater.

d.

Side yard setbacks from all lot lines shall be one foot back for each two feet in height including corner lots, except a building maybe built to a lot line when not adjacent to a residential zone and where a fire resistant wall meeting the requirements of the building code is provided between uses.

e.

Rear yard setbacks shall be a minimum of five feet.

f.

The height of buildings may not exceed the depth of the front yard plus the width of the street right-of-way which it faces. In a C-1 or C-2 zone, the maximum height shall not exceed two stories.

g.

See section 1.59 for exceptions and modifications.

h.

A minimum of five percent of lot area must be maintained as a permanent landscaped open space.

3.

Car wash establishments. A car wash establishment is defined as a facility or area for the cleaning or steam cleaning, washing, polishing, or waxing of passenger vehicles, such as, but not limited to automobiles, passenger vans, small passenger shuttles, small recreational vehicles, boats, and/or water sports equipment by machine or hand-operated facilities. A car wash may be:

a.

A single unit type that has a single bay or a group of single bays with each bay to accommodate one vehicle only; or

b.

A tunnel type that allows the washing of multiple vehicles in a tandem arrangement while moving through a structure.

c.

A facility where the car wash is done entirely by hand.

Car washes shall not be located within a two-mile radius of another existing car wash as defined above. This will not apply to new convenience stores that have a car wash component.

Qualifying car washes shall be designed to employ a water recycling system as the primary source of water supply necessary to operate the business.

For car washes in operation at the time of the adoption of the minimum distance requirement, the section shall be allowed to remain in operation despite a change of ownership or the car wash operation being suspended for an indefinite length of time.

4.

Smoke shops and tobacco stores.

a.

Definitions.

1.

Ancillary sale. Where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 250 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where no more than five square feet are used for the display, sale, distribution, delivery, offering, and furnishing, or marketing of conventional cigars, cigarettes or tobacco.

2.

E-cigarette. Any electronically actuated device or inhaler meant to stimulate cigarette smoking that uses a heating element to vaporize a liquid solution. Popularly referred to as "juice" and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.

3.

Smoke shop and tobacco store. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.

4.

Specialty tobacco store. An establishment primarily in the business of selling cigars and pipe tobacco.

5.

Tobacco paraphernalia. Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Texas Health and Safety Code. Items or devices classified as tobacco paraphernalia include but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

6.

Tobacco products. A product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

7.

Tobacco. Any preparation of the nicotine-rich leaves of the tobacco plant which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, sorting, sniffing, or ingesting by any other means into the body.

b.

Requirements and restrictions for smoke shops and tobacco stores.

1.

The following location and land use standards for smoke shops and tobacco stores shall be as follows:

(a)

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from a school (public or private), family day-care home, child-care facility, youth center, community center, libraries, recreational facility, park, church or religious institution, hospital, clinic or other similar uses where children regularly gather.

(b)

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from another smoke shop and tobacco store.

(c)

It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.

(d)

Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

2.

Standard conditions of smoke shops and tobacco stores at a minimum shall include the following:

(a)

No smoking shall be permitted on the premises at any time.

(b)

No sales may be solicited or conducted on the premises by minors.

(c)

No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted. Each item displayed shall be deemed as a separate violation.

(d)

No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

3.

Smoke shops and tobacco stores that are legally existing on the effective date of this article may continue to operate as legal nonconforming uses in accordance with this chapter. However, any change in ownership or expansion of the legal nonconforming use will require compliance with this chapter.

c.

Penalty. Any person, firm, corporation, agent, employer or employee who intentionally, knowingly, recklessly or with criminal negligence violates any provision of this article shall, upon conviction, be fined an amount nor more than $200.00; provided, however, that in the event a defendant has previously been convicted under this article, such defendant shall be fined an amount not more than $500.00 for a second conviction hereunder, and shall be fined an amount not more than $2,000.00 for a third conviction hereunder and for each conviction thereafter. Each day that a violation is committed or permitted to exist shall constitute a separate offense.

(Ord. No. 1661, § 1, 3-23-1992; Ord. No. 2327, § 2, 8-10-1998; Ord. No. 3782, § 1, 6-18-2012; Ord. No. 5761 meeting, § 1, 1-13-2026; Ord. No. 5788 meeting, § 1, 3-24-2026; Ord. No. 5806 meeting, § 1, 4-28-2026)