1.

Setbacks:

a.

At the time of submission of any original or amended subdivision plat to the planning and zoning commission for approval, the planning and zoning commission shall have the power and authority to accept and approve any building setback lines projected on said plat or plats, even though said building setback lines may not be in compliance with the requirements set out in the ordinance.

b.

Where setbacks were established by the planning and zoning commission on a plat of record, those setbacks shall be enforced even though not in compliance with the restrictions set forth in this section.

c.

The city council has the power to pass an ordinance establishing a setback line greater than required in this section where exceptional conditions so require.

d.

The minimum building setback line shall be increased to 40 feet when adjacent to a major arterial for any residential, commercial, industrial, institutional, or other proposed building uses. However, the front building setback shall be a minimum of zero feet when any structure is proposed to be built on properties having frontage to Conway Avenue north of 4th Street and south of 8th Street, said properties being more particularly described as Blocks 77, 78, 91, 92, 105, 106, 119 and 120, Mission original townsite.

2.

Front yards:

a.

Reserved.

b.

On lots having double frontage, the required front yard shall be provided on both streets, unless one of the front sides is fenced-in and is not accessible from that street. Where such fenced-in case occur, the normal rear building setback for permanent buildings shall be required unless that subject street is a major thoroughfare or minor arterial street. The fenced-in front building setback in such cases shall be as follows when the ROW is consistent to the Mission master thoroughfare plan:

Major thoroughfare: 25 feet

Minor arterial: 20 feet

c.

Filling station pumps and pump islands may be located within a required yard provided they are not less than 13 feet from any property line or 18 feet from the curb, whichever is greater, and not less than 100 feet from any residential district boundary.

d.

(1)

Front yard setbacks for all uses shall be increased as follows when lots front on streets other than minor residential streets:

1.

Collector streets: 30-foot front yard setback.

2.

Minor arterial streets: 35-foot front yard setback.

3.

Major arterial streets: 40-foot front yard setback.

(2)

A maximum five-foot unenclosed porch/doorway support(s) may be permitted immediately within the setbacks of the above street classifications or as required during the subdivision process.

e.

Lots fronting culs-de-sac shall have a front building setback not less than those in alignment to the majority of the buildings on same block or set at the following, whichever is greater:

(1)

R-1 zoned lots, not less than ten feet.

(2)

R-1A zoned lots, not less than 15 feet.

(3)

R-4 zoned lots, not less than five feet.

(4)

R-2 zoned lots, not less than ten feet.

f.

Open carports, patios, and/or porch structures for residential properties along designated major thoroughfares may not be built within the minimum 40-foot front yard building setback and shall also be subject to any prevailing building setback requirements on the applicable recorded subdivision plat and shall refrain from any recorded easements that may be wider than said prevailing setbacks; thus, said structures as noted above shall be subject hereafter to the following:

(a)

Shall be for open structures only and shall not be subject to enclosure.

(b)

Shall be constructed over a concrete or asphalt surface or other impermeable surface that is comparable or better than a concrete or an asphalt surface; such shall include decorative-inclined paved surfaces.

(c)

Construction materials shall substantially match the aesthetics, and general architectural style of the primary home.

(d)

Minimum depth of front yard building setback: 40 feet.

(e)

Minimum depth of inner side yard building setback: Six feet.

(f)

Minimum depth of rear yard building setback: Ten feet.

(g)

Minimum depth of corner side yard building setback: Ten feet.

(h)

In general, if a structure is less than five feet from a property line that was built after securing a variance and a bona fide building permit, the nearest wall parallel to the property line shall be a minimum one-hour fire-rated structure.

(i)

In areas where an active home owners association (HOA) rules, HOA consideration is required to be sought prior to building permit issuance.

3.

Side yards:

a.

On a corner lot in all districts, the width of the side yard along the street shall not be less than ten feet provided that the buildable width of such a lot of record shall not be reduced to less than 38 feet. This regulation shall not apply to those lots of record which have existing buildings prior to the date of this section. However, should these buildings be removed, destroyed or in any way eliminated from the property, they shall hereafter comply. Corner lots subdivided after the date of this section shall be at least four feet wider than the minimum lot size in residential zones and ten feet wider in commercial zones.

b.

No accessory building shall project into the required yard along any street.

c.

A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.

d.

Side yard setback requirements may be increased where necessary to provide a minimum of 12 feet between structures on abutting lots where a firewall is not provided in accordance with applicable codes.

e.

Where a lot of record at the time of the effective date of this section is less than 50 feet in width and is not zoned for mobile home or recreational vehicle usage, the required side yard may be reduced to ten percent of the width of the lot, provided that no side yard shall be less than 3½ feet, and that the owner of the lot of record is not the owner of any adjacent lots.

f.

Side yard setbacks for all residential uses shall be increased as follows when lots are adjacent to the following street classifications:

Collector streets—15-foot side yard setback.

Minor arterial streets—20-foot side yard setback; 15 foot side yard setback when buffered.

g.

The separation between buildings via the building code may be enforced when deemed appropriate though said buildings may be on separate spaces within a park.

4.

Rear yards:

a.

An accessory building not exceeding 20 feet in height may occupy not more than 30 percent of the rear yard and unenclosed parking spaces may occupy not more than 90 percent of the area of a required rear yard. An accessory building, however, shall be no closer than 12 feet to the main building and no closer than four feet to any rear lot line.

b.

The ordinary projections of sills, eaves, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.

c.

Open or lattice-enclosed fire escapes. Outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the building inspector for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.

d.

Rear yard setback requirements may be increased where necessary to provide a minimum of 12 feet between structures on abutting lots where a firewall is not provided in accordance with applicable codes.

5.

Lot area per family: Where a lot of record at the time of the effective date of this section has less area or width than herein required in the district in which it is located and is not zoned for mobile home or recreational vehicle usage, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located, as long as it meets all other requirements.

6.

Minimum lot size: Where a minimum size is not specified, the intention of this section is that each lot shall be of sufficient size and dimension and with access to a public right-of-way and utilities for its intended use after complying with the requirements set forth in this and other applicable ordinances and is compatible with those uses around it.

7.

Contingency protocol. The matter of code enforcing structural improvements, with or without a building permit, may be processed using the following measures and circumstances (not given below in any sequence of preferable or receding importance) when considering, examining, and resolving said structures' setback condition upon the specified residential zoning districts wherein this contingency protocol may be properly employed. It is posited that the structural setback encroachment is typically found in the rear yard setback; thus, the tiered contingency protocol below is primarily geared for such. However, if the city discerns that it may be situationally applicable for a residential front or side setback matter, then a high measure of administrative latitude is hereby delegated to the office of the planning director to forensically assess and resolve; but if logistical and/or unique situational conditions warrant, then collaborative authority is secondarily delegated to the office of the city manager, as well, to assist in dissecting and resolving any myriad of such unique setback circumstances.

a.

Tier 1. Standard protocol; should the structure be moved-on, assembled, and/or constructed without a permit but is compliant to building setbacks and its zoning district's land use regulations, then a building permit (with a double permit fee applied) shall be secured as soon as reasonably possible.

b.

Tier 2. Should the structure be moved-on, assembled, and/or constructed but is not complying to zoning land use regulations, then the optional due process protocol of rezoning (or possibly changing the applicable zoning code regulation to thus reconcile the land use) may be entertained by and between the property owner and the City of Mission. Such consideration, of course, would be dependent on the realistic merits of the resulting 'end effect' of such proposed change, especially as it pertains to retaining the integrity of the residential zoning district as alluded to in the city's comprehensive plan. After the final decision by the city council on the preferred option legislatively processed, the City of Mission's code enforcement staff will, if necessary, enforce and implement that decision with procedural promptness.

c.

Tier 3. Should the structure be moved-on, assembled, and/or constructed but is not complying to typical building setbacks of the zoning district wherein the structure is located, and if reasonably possible to relocate the structure pursuant to all the zoning setbacks, then the structure should be relocated. Planning staff will maximize needful coordination efforts to result in full setback compliance.

d.

Tier 4. Should the structure be moved-on, assembled, and/or constructed but is not complying to typical building setbacks of the zoning district wherein the structure may be discovered, and is not reasonably possible to relocate the structure to typical zoning setbacks, then the following can be implemented. It is necessarily noted that the City of Mission's posture is to assist its citizens as much as possible, as it considers the owners' practical difficulties and practical hardships in this regulatory process. The city hereby states that it has an empathetic position to use any available and/or prevailing codes, inclusive of fire-rating building codes, to substantially retain the intent and integrity of a building setbacks' purpose.

(1)

The rear yard is generally less visible to the general public; thus, any rear yard structure would generally be less objectionable regarding its alignment aesthetics to neighboring properties (as opposed to aligned front setbacks of a series of residences). Thus, it is reasonable to conclude that the primary focus and concern regarding structures (in the rear yard) is securing a high measure of fire protection through fire-rating/fire separation regulations. With this logic and realism being postured, the fire-rating regulations in the prevailing building and/or fire codes can be deployed by the planning director to allow a shorter, but fire-rated safe, distance to the property's perimeter boundaries. Indeed, if the structure is at, or very near, the property line(s), then the required fire-rating of the structure can be required in lieu of typical building setbacks. The planning director, the building official, and if necessary, the fire marshal, may meet with the owner/contractor, to advise what the city's prevailing fire-rating codes are and, if correctly applied, will substantially comply with its protective intent. It is a basic premise in this tiered contingency policy that substantial compliance equates to substantial (fire) protection; thus, the integrity of the building setback is retained and not violated.

(2)

Optional to the circumstance of the structure's material, i.e., wood, masonry, steel/metal, the structure will be processed for fire-rating compliance. It is noted that should the property owner desire to employ this option, it will be a unilateral private obligation on his/her part to maintain its fire-rated integrity. Should the city discover that the structure's fire-rated measure(s) were not maintained, or were altered, regardless of how long the tenure had been, then the city's code enforcement division shall alert the owner of this finding and provide a reasonable tenure to recapture its (fire-rating) compliance. If evidence is still not provided after the given tenure, then the city may procedurally activate typical code enforcement measures to ultimately result in a (restored) fire-treated structure.

(3)

Optional to the construction material involved and the distance to the property's boundaries, the structure may be treated only on the nearest side to the property's boundary. In citing 'treatment,' it may include fire-rating building material such as solid masonry, fire glass blocks, combination of wider sheetrock panels, or other similar type materials that may be developed over time, for the sole purpose of a resilient fire-rated structure (or portion of an encroaching structure).

(4)

Should there be an active homeowner's association (HOA) wherein said HOA has provided the City of Mission's planning staff with updated contact HOA data, then the city will provide the HOA representative a courtesy notice of the applicable contingency protocol being processed. It is hereby declared that the HOA is a private organization with the primary intent of preserving the integrity of their private deed restrictions. The City of Mission may give the HOA's input its due weight. However, in the city's final judgment to resolve the infringement, the city must employ prevailing ordinances and public policies to do so. It is declared that the city is not legally bound by any private HOA directive, mandate, or recommendation.

(5)

Any retrofitted fire-rated structure that may be permitted to remain within the typical (rear) building setback will be subject to recording a hold harmless or indemnification agreement, as approved by the city attorney as to form, to properly indemnify the City of Mission, its elected official, and other administrative officials, from risk and liability; for not having inspected the setbacks nor its construction/assembly since no building permit was originally requested.

(6)

All structures that follow the contingency protocol to full completion of said process, shall secure a City of Mission building permit. If the structure was constructed, moved-on, and/or assembled with no building permit, then the double permit fee shall be imposed, as deemed appropriate to the circumstance(s) by the planning director.

(7)

It is recommended that any structure discovered to have been built, move-on, and/or assembled, either prior or post to the establishment of these policies may seek examination and likely resolution when subjected to the terms of this tiered contingency protocol.

(8)

In order to maintain an up-to-date data of approved structures within apparent setbacks, the city's planning department shall keep a perpetual ledger of these properties should there be inquiries, complaints, or questions at any time in the future regarding structures within apparent building setbacks. The planning department shall also have said structures plotted on a city-wide base map identifying such as "Approved Structures—Contingency Protocol"; and shall update said records as they are administratively processed.

(9)

Should a structure processed through the contingency protocol ever be (substantially) damaged, destroyed, or substantially disassembled, then it shall thereafter comply with the property's typical residential zoning district's building setbacks.

(Ord. No. 1453, § 2, 4-25-1988; Ord. No. 1490, § 4, 4-10-1989; Ord. No. 1661, § 4, 3-23-1992; Ord. No. 1737, §§ 1, 2, 5-10-1993; Ord. No. 1779, § 3, 9-13-1993; Ord. No. 2219, § 1, 6-23-1997; Ord. No. 2819, § 1, 3-10-2003; Ord. No. 3246, § 1, 5-29-2007; Ord. No. 3278, § 1, 8-28-2007; Ord. No. 3394, § 1, 9-8-2008; Ord. No. 4883, 1-27-2020; Ord. No. 4963, 10-26-2020; Ord. No. 5080, § 1, 9-13-2021; Ord. No. 5109, § 1, 11-8-2021)

Notwithstanding any other provisions of this section or any other applicable ordinances of the City of Mission, owners of lots in Valley View Estates Subdivision and Valley View Estates, Citrus Grove Addition shall have the right to double occupancy of lots in accordance with the recorded restrictive covenants, i.e., placement of two recreational vehicles per lot or placement of one mobile home and one recreational vehicle per lot. The right to double occupancy shall exist until April 24, 2000, for Valley View Estates Subdivision and until May 2, 2001, for Valley View Estates, Citrus Grove Addition Subdivision.

Portable buildings shall be a permitted use when said buildings shall be used as temporary offices during construction to commercial, industrial or institutional structures.

(Ord. No. 1490, § 6, 4-10-1989)