Mission City Zoning Code

ARTICLE VIII

- USE DISTRICTS AND CONDITIONAL USES6

Footnotes:

--- (6) ---

Cross reference— Signs permitted by zoning districts, § 86-151 et seq.

Section 1.35. - Use districts.

The City of Mission is hereby divided into 16 types of districts. The use and regulations shall be uniform in each district. These districts shall be known as:

AO-I Interim agricultural use district

AO-P Permanent open space district

R-1A Large lot single-family residential district

R-1 Single-family residential district

R-1T Townhouse residential district

R-2 Duplex-fourplex residential district

R-3 Multifamily residential district

R-4 Mobile home and modular home district

C-1 Office building district

C-2 Neighborhood commercial district

C-3 General business district

C-4 Heavy commercial district

C-5 Adoptive commercial district

I-1 Light industrial district

I-2 Heavy industrial district

PUD Planned unit development

(Ord. No. 1727, § 3, 4-12-1993)

Section 1.36. - AO-I interim agricultural use district.

[Purpose:] The interim agricultural use district is designed to promote orderly, timely, economical growth and to recognize current land use conditions. It is a reserved area in which the future growth of the city might occur. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable. This zoning is suitable for areas where development is premature because of the lack of utilities, capacity, or service, or where the ultimate land use has not been determined.

Permitted uses:

Farming, ranching, related activities, and accessory uses including the owner's single-family dwelling plus any housing for employees working on the premises.

See chapter 86, signs.

City facilities.

Churches and related amenities.

Conditional uses (require use permits, see article X):

Single-family dwelling and accessory uses.

A mobile home on an unsubdivided tract of five acres or more.

Home occupations.

Broadcast towers for radio, television, or microwave.

Outdoor commercial recreation, excluding drive-in theaters.

Extraction activities.

Landing strips.

Facilities for the raising of animals including but not limited to, dog kennels and catteries, in accordance with all applicable City of Mission ordinances.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Nurseries for the raising of plants.

Reserved.

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

Reserved.

Cemeteries.

Fruit, vegetable, etc. sales which are grown on the premises. Section 1.48 must be met.

Telephone, radio, television and/or other communication towers.

Storage unit facilities.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimension; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required.

Area requirements:

Minimum lot area:

(1)

Internal lot: 43,560 square feet.

(2)

Corner lot: 43,560 square feet.

Minimum lot frontage on a public street:

(1)

Internal lot: 100 feet.

(2)

Corner lot: 100 feet.

Minimum lot depth: 200 feet.

Minimum depth of front setback: 40 feet.

Minimum depth of rear setback: ten feet.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Minimum distance from the public right-of-way to the entrance of a garage or enclosed carport, unless otherwise specified by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: N/A.

Maximum height of structures: 35 feet.*

*Where a structure exceeds the 35-foot height maximum, it shall be set back one additional foot for each foot above 35 feet.

Minimum number of off-street parking spaces required for:

(1)

One single-family dwelling unit: two.

(2)

All other uses: see off-street parking ordinance.

See article XIII, section 1.59, for further clarification, and exceptions and modifications.

(Ord. No. 1428, § 3, 11-9-1987; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 4, 4-12-1993; Ord. No. 2481, § 1, 9-27-1999; Ord. No. 2774, 8-26-2002; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3236, § 2, 4-9-2007; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4870, § 1, 11-25-2019; Ord. No. 5348, § 1(b), 7-24-2023)

Section 1.361. - AO-P permanent open space district.

Purpose: The permanent open space district is to be used for the following purposes:

To protect those areas that are unsuitable for development because of physical problems or potential health or safety hazards such as flooding. The usage of the land would be permanently restricted to low intensity agricultural uses until such time as the property is proven to be suitable for development and is rezoned.

To provide a permanent greenbelt or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards.

To protect and preserve natural habitats of wildlife and/or plant life that are deemed critical by the planning and zoning commission.

1A.

Pre-rezoning protocol/AO-P transition zoning process; to be activated and consummated when there is consideration for development.

As stated in section 1.361(1), AO-P property may transition to a more suitable and active form of development, but only upon appropriate examination of the tract's inherent low-lying elevations, and overall drainage/detention patterns; plus analyzing maintenance-friendly drainage solutions, among other redressive criteria, as developed by an applicants' engineers (licensed to practice in Texas).

No rezoning application on an AO-P tract will be processed unless and until the following measures have first been fully completed:

(1)

The applicant provides the name and contact information of the professional engineer to assess the AO-P tract's elevation, drainage issues, outfall location and method of interconnectivity, etc.

(2)

The applicant or his/her engineering representative provides a sealed engineering report that will include, but not be limited to, the AO-P tract's land use intent, impermeable percentage of full build-out assumptions, realistic detention areas (location, depth, maintenance feasibility), outfall location, etc.

(3)

The applicant and his/her engineering representative must meet with the city's engineering and planning staff to summarize the development, the drainage issues discovered, and disclose any other drainage challenges with realistic/viable solutions to resolve them. The planning staff will record or produce notes of the meeting(s) that may, at the appropriate time, be provided with any other write-up material to the reviewing bodies for their consideration.

(4)

The city's engineering and planning staff shall confer privately to assess the applicant's proposed development, their drainage overview and solutions, and ultimately, to determine if sufficient examination was professionally provided or not. Of course, the city manager's office may also be involved at this juncture of discussion to further discuss the merits of the AO-P site's drainage, its possible development and its repercussions, etc.

(5)

After the process in number (4) above is completed, and if the determination is made that proper engineering analysis was made to address and resolve the AO-P tract's drainage and low-lying issues, then the rezoning application may be processed through the required public hearing protocol. At this time, planning staff will alert the applicant and the engineering representative of the city's determination, and mandate the applicants' engineer to attend the city's meetings in order to address and respond to any questions or comments incidental to such a possible rezoning and its development, especially in regard to its drainage issues.

(6)

In regard to the rezoning process, if the AO-P tract is indeed rezoned, this policy firmly recommends that the city council condition its approval subject to having the current (low-lying) flood zone of the subject site re-designated to another more appropriate flood insurance rate map (FIRM) flood zone through FEMA's normal processes, e.g., letter of map revision (LOMR), etc.

(7)

If the rezoning is (conditionally) 'approved' as cited in (6) above, but there is no official flood zone redesignation within 18 months of the city council's action, then the zoning of the subject tract shall revert back to AO-P. A sunset provision (reversionary clause) on the AO-P tract's applicable zoning ordinance shall indicate this.

(8)

Should the AO-P zone be reverted to its original standing after the 18-month tenure, it is declared that nothing will impede the applicant or interested others from reinstigating the rezoning process through a new rezoning application; if so, the engineering analytical process shall be reactivated anew.

(9)

It is clearly declared that the applicant will be informed of this entire policy; thus, he/she shall understand the risk of investing in the analytical process with no guarantee that their efforts will result in a favorable rezoning outcome. The City of Mission's staff, advisory commission members, and elected officials shall not be personally or professionally obligated or influenced by the prospective developer's extent of monetary investment in the AO-P tract's feasibility assessment. If the engineering reports' findings and solutions are deemed acceptable, the City of Mission will not be bound by said reports' findings on whether to rezone the AO-P tract or not; but such rezoning consideration shall be based, as always, on sound planning principles, area land uses, area zoning districts, future land use map designation or prospective FLUM redesignation, development patterns in the general area, and ultimately what is in the city's best interest to secure and magnify the health, safety, and general welfare of area property owners, pursuant to section 1.31 of this zoning code; as well as being cognizant of what may be a viable and save living environment for the potential future property owners (of the subject tract).

(10)

The City of Mission shall not be responsible, partially or otherwise, for any of the private engineering analysis mandated by this policy. The cost and risk is entirely and wholly upon the applicant(s).

Permitted uses:

Farming, ranching, related activities, and accessory uses including the owner's single-family dwelling plus any housing for employees working on the premises.

See chapter 86, signs.

City facilities.

Churches and related amenities.

Conditional uses (require use permits, see article X):

Single-family dwelling and accessory uses.

A mobile home on an unsubdivided tract of five acres or more.

Home occupations.

Broadcast towers for radio, television, or microwave.

Outdoor commercial recreation, excluding drive-in theaters.

Extraction activities.

Landing strips.

Facilities for the raising of animals including, but not limited to, dog kennels and catteries, in accordance with all applicable City of Mission ordinances.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Nurseries for the raising of plants.

Reserved.

Fruit, vegetable, etc. sales which are grown on the premises. Section 1.48 must be met.

Telephone, radio, television and/or other communication towers.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

Minimum lot area:

(1)

Internal lot: 43,560 square feet.

(2)

Corner lot: 43,560 square feet.

Minimum lot frontage on a public street:

(1)

Internal lot: 100 feet.

(2)

Corner lot: 100 feet.

Minimum lot depth: 200 feet.

Minimum depth of front setback: 40 feet.

Minimum depth of rear setback: ten feet.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: N/A.

Maximum height of structures: 35 feet.*

*Where a structure exceeds the 35-foot height maximum, it shall be set back one additional foot for each foot above 35 feet.

Minimum number of off-street parking spaces required for:

(1)

One single-family dwelling unit: two.

(2)

All other uses: see off-street parking ordinance.

See article XIII, section 1.59, for further clarification, and exceptions and modifications.

(Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 5, 4-12-1993; Ord. No. 2481, § 1, 9-27-1999; Ord. No. 2774, 8-26-2002; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3236, § 2, 4-9-2007; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4870, § 2, 11-25-2019; Ord. No. 5081, § 1, 9-13-2021)

Section 1.37. - R-1A large lot single-family residential district.

[Purpose:] The large lot single-family residential district is established for the following purposes:

To provide sufficient space in appropriate locations for residential development to meet the present and future housing needs of the city, with allowance for a diversity of sites.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy and through traffic.

To protect residential areas against congestion, as far as possible, by managing the density of population in and around them; by providing for off-street parking spaces; and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most desirable use of land and direction of building development not in conflict with the comprehensive plan of the City of Mission; to promote stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

One single-family dwelling unit per lot.

See chapter 86, signs.

One portable building not more than three percent of the lot's net square footage used for either storage, hobby or other similar accessory uses.

An accessory use customarily related to a principal use authorized in this district. Furthermore, any non-living accessory structure such as a carport or a garage, whether as an addition or as a detached building, shall not exceed 800 square feet, and shall not exceed 15 feet in total height as measured to the top of its roof. No carport, whether temporary or not, shall have a roof composed of tarp or canvas. Fabric-like material will be allowed with the stipulation that it has to be maintained at all times.

Churches and related amenities.

Temporary sales office for the sale of lots.

Conditional uses (require use permits, see article X):

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments or tents or other temporary structures used for temporary purposes.

Planned unit developments, excluding industrial uses.

Home occupations.

Associated recreation.

Guesthouses, or separate servant quarters.

A mobile home on an unsubdivided tract of five acres or more.

Portable buildings larger than three percent of the affected lot's net square footage. No second "portable building" shall be permitted without obtaining a conditional use permit.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Parking facilities for nonresidential uses.

Bed and breakfast facility.

Storage in individually rented/leased storage units where the subject property must be a minimum of five gross acres, and abut commercially zoned property which fronts at least a minor arterial.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

On- and off-premises signs, portable signs, animated or illuminated signs.

Area requirements:

Minimum lot area:

(1)

Internal lot: 7,800 square feet.

(2)

Corner lot: 8,400 square feet.

Maximum number of single-family dwellings per lot: one.

Minimum lot frontage on a public street:

(1)

Internal lot: 65 feet.

(2)

Corner lot: 70 feet.

Minimum lot depth: 120 feet.

Minimum depth of front setback: 20 feet.

Minimum depth of rear setback: ten feet.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: N/A.

Maximum height of structures: 35 feet.*

*Where a structure exceeds the 25 feet in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum.

Minimum number of off-street parking spaces required for:

(1)

One single-family dwelling unit: two.

(2)

All other uses: see off-street parking ordinance.

See article XIII, section 1.59, for further clarification, and exceptions and modifications.

(Ord. No. 1390, § 5, 1-26-1987; Ord. No. 1428, §§ 4, 6, 11-9-1987; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 2, 4-12-1993; Ord. No. 1934, § 2, 2-13-1995; Ord. No. 2190, § 1, 3-31-1997; Ord. No. 2385, §§ 1, 2, 1-11-1999; Ord. No. 2419, §§ 1, 2, 4-12-1999; Ord. No. 2706, § 1, 12-10-2001; Ord. No. 2729, §§ 1, 2, 2-25-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3574, § 1, 8-23-2010; Ord. No. 3800, § 1, 7-23-2012; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4044, § 1, 12-16-2013; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 5208, § 1, 8-8-2022; Ord. No. 5627, § 1, 4-28-2025)

Section 1.371. - R-1 single-family residential district.

[Purpose:] The single-family residential district is established for the following purposes:

To provide sufficient space in appropriate locations for residential development to meet the present and future housing needs of the city, with allowance for a diversity of sites.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy and through traffic.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most efficient use of city facilities and services.

Permitted uses:

One single-family dwelling per lot, and accessory uses.

See chapter 86, signs.

One portable building not more than three percent of the lot's net square footage used for either storage, hobby or other similar accessory uses.

Churches and related amenities.

Temporary sales office for the sale of lots.

Conditional uses (require use permits, see article X):

Planned unit developments, excluding industrial uses.

Home occupations.

Associated recreation.

Guesthouses, or separate servant quarters.

A mobile home on an unsubdivided tract of five acres or more.

Portable buildings larger than three percent of the affected lot's net square footage. No second "portable building" shall be permitted without obtaining a conditional use permit.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Parking facilities for nonresidential uses; also other nonresidential facilities such as internal sidewalks, benches, and gazebos.

Amusement parks, circus and carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Bed and breakfast facility.

A replacement mobile home for a particular applicant. Once ownership changes, any awarded CUP is null and void.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

On- and off-premises signs, portable signs, animated or illuminated signs.

A recreational vehicle, which includes travel trailers, pickup coaches, motor homes, dependent trailers, or self-contained trailers, that are 34 feet or longer shall not be parked or stored within the front yard area inclusive of any paved driveway; it is further asserted that such recreational vehicles shall not be parked alongside any public or private street unless it is for temporary loading or unloading which must be completed within 48 continuous hours.

Area requirements:

Minimum lot area:

(1)

Internal lot: 5,000 square feet.

(2)

Corner lot: 5,500 square feet.

Maximum number of single-family dwellings per lot: one.

Minimum lot frontage on a public street:

(1)

Internal lot: 50 feet.

(2)

Corner lot: 55 feet.

Minimum lot depth: 100 feet.

Minimum depth of front setback: 20 feet.

Minimum depth of rear setback: ten feet.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: N/A.

Maximum height of structures: 35 feet.*

*Where a structure exceeds the 25 feet in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum.

Minimum number of off-street parking spaces required for:

(1)

One single-family dwelling unit: two.

(2)

All other uses: see off-street parking ordinance.

See article XIII, section 1.59, for further clarification, and exceptions and modifications. See contingency protocol policy in the exceptions and modifications provision for possible situational setback adjustment(s).

(Ord. No. 1390, §§ 5, 6, 1-26-1987; Ord. No. 1428, §§ 4, 5, 11-9-1987; Ord. No. 1636, § 1, 9-9-1991; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 2, 4-12-1993; Ord. No. 1934, § 2, 2-13-1995; Ord. No. 2190, § 2, 3-31-1997; Ord. No. 2385, § 2, 1-11-1999; Ord. No. 2406, § 1, 3-8-1999; Ord. No. 2729, §§ 1, 2, 2-25-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3557, 4-26-2010; Ord. No. 3574, § 1, 8-23-2010; Ord. No. 3663, § 1, 8-8-2011; Ord. No. 3800, § 1, 7-23-2012; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4044, § 1, 12-16-2013; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4849, § 1, 10-14-2019; Ord. No. 4962, § 1, 10-26-2020; Ord. No. 5080, § 1, 9-13-2021; Ord. No. 5208, § 1, 8-8-2022; Ord. No. 5627, § 1, 4-28-2025)

Section 1.372. - R-1T townhouse residential district.

[Purposes:] The townhouse residential district is established for the following purposes:

To provide adequate space and site diversification for medium-density residential development where adequate streets and other community facilities are available for present and future needs.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy traffic.

To manage the density of population and protect against congestion by providing for off street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most efficient use of city facilities and services.

Permitted uses:

Any use permitted in R-1 district. Structures must meet the requirements of the R-1 district.

One townhouse per lot.

One portable building per lot to be not more than 140 square feet used for either storage, hobby or other similar accessory uses.

Townhouse condominiums and accessory uses subject to provisions of this section and all other applicable codes and ordinances regulating townhouse construction. All townhouse condominium site plans shall be reviewed by the planning and zoning commission in accordance with section 1.39, subsection 6.

See chapter 86, signs.

Churches and related amenities.

Conditional uses in all R-1T districts (require use permits, see article X):

Planned unit developments, excluding industrial uses.

Home occupations.

Associated recreation and/or community clubs.

Guesthouses or separate servant's quarters.

A mobile home on an unsubdivided tract of five acres or more.

Amusement parks, circus and carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the city.

Portable buildings larger than 140 square feet. No second "portable building" shall be permitted without obtaining a conditional use permit.

Parking facilities for nonresidential uses.

One "0 foot lot-line" or "patio home" per lot.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

Minimum lot area:

(1)

Internal lot: 2,000 square feet.

(2)

Corner lot: 2,400 square feet.

Maximum number of single-family dwelling units per lot: Townhouse: one townhouse condominium; 12 units/net acre of lot.

Minimum lot frontage on a public street:

(1)

Internal lot: 25 feet.

(2)

Corner lot: 30 feet.

Minimum lot depth: 80 feet.

Minimum depth of front setback: 18 feet.

Minimum depth of rear setback: ten feet.

In no instance shall a structure or any part thereof, including eaves, encroach upon an adjacent lot or cross a platted lot line.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Townhouses separated by firewalls meeting the requirements of the building code may build to the property line where such structures abut. In no instance shall a structure or any part thereof, including eaves, encroach upon an adjacent lot or cross a platted line.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: N/A.

Maximum height of structures: 35 feet.*

*Where a structure exceeds the 25 feet in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum.

Minimum number of off-street parking spaces required for:

(1)

One single-family dwelling unit: two.

(2)

All other uses: see off-street parking ordinance.

See article XIII, section 1.59, for further clarification, and exceptions and modifications.

(Ord. No. 1185, § 2, 8-23-1982; Ord. No. 1390, §§ 5, 6, 1-26-1987; Ord. No. 1428, §§ 4, 5, 11-9-1987; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1676, § 1, 6-8-1992; Ord. No. 2385, §§ 1, 2, 1-11-1999; Ord. No. 2729, §§ 1, 2, 2-25-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2840, §§ 1(1.372-2(c)), 2(1.372-3(h)), 6-9-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3574, § 1, 8-23-2010; Ord. No. 3800, § 1, 7-23-2012; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 5208, § 1, 8-8-2022; Ord. No. 5627, § 1, 4-28-2025)

Section 1.38. - [R-2] Duplex-fourplex residential district.

[Purpose:] The duplex-fourplex residential district is established for the following purposes:

To provide adequate space and site diversification for medium-density residential development where adequate streets and other community facilities are available for present and future needs.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy traffic.

To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most efficient use of city facilities and services.

Permitted uses:

One single-family dwelling. Structures must meet the requirements of the R-1 district.

One duplex-fourplex on a lot.

Two to four attached units (townhouses) each on an individual lot and which meet the requirements of the R-1T district.

One duplex-fourplex (two to four attached units) condominium on a lot.

Parking lots for multifamily residential use.

See chapter 86, signs.

One portable building not more than three percent of the lot's net square footage used for either storage, hobby or other similar accessory uses.

Churches and related amenities.

Temporary sales office for the sale of lots.

Conditional uses (require use permits, see article X):

Planned unit developments, excluding industrial uses.

A mobile home on an unsubdivided tract of five acres or more.

Home occupations.

Associated recreation.

Guesthouses, garage apartments, or separate servant's quarters.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings larger than three percent of the affected lot's net square footage. No second "portable building" shall be permitted without obtaining a conditional use permit.

Parking facilities for nonresidential uses.

Bed and breakfast facility.

The complimentary offering of alcoholic beverages for on-site consumption may be permitted within city-owned buildings for a social and/or cultural event that is associated with a charitable or civic organization.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

On- and off-premises signs, portable signs, animated or illuminated signs.

Area requirements:

Single-family detached units shall meet the area requirements of the R-1 district.

Townhouses shall meet the area requirements of the R-1T district.

Minimum lot area:

(1)

Internal lot, single-family and duplex usage: 6,000 square feet.

(2)

Internal lot, triplex usage: 6,700 square feet.

(3)

Internal lot, fourplex usage: 7,800 square feet.

(4)

Corner lot, single-family and duplex usage: 6,700 square feet.

(5)

Corner lot, triplex usage: 7,500 square feet.

(6)

Corner lot, fourplex usage: 8,200 square feet.

Maximum number of residential structures per lot: one.

Minimum lot frontage on a public street:

(1)

Internal lot: 50 feet.

(2)

Corner lot: 60 feet.

Minimum lot depth: 100 feet.

Minimum depth of front setback: 20 feet.

Minimum depth of rear setback: ten feet.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Townhouses separated by firewalls meeting the requirements of the building code may build to the property line where such structures abut.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: 50 percent of lot area.

Minimum amount of permanent landscaped open space: ten percent of lot area.

Maximum height of structures: 35 feet.*

*Where a structure exceeds 25 feet in height, it shall be set back one additional foot for each foot above 25 feet, not to exceed the 35-foot maximum.

Reserved.

Minimum number of paved parking spaces required for:

(1)

Each residential dwelling unit: two spaces.

(2)

All other uses: see off-street parking ordinance. Parking spaces for fourplexes must be striped.

See article XIII, section 1.59 for further clarification, and exceptions and modifications. See contingency protocol policy in the exceptions and modifications provision for possible situational setback adjustment(s).

(Ord. No. 1390, §§ 5, 6, 1-26-1987; Ord. No. 1428, §§ 4, 5, 11-9-1987; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 2, 4-12-1993; Ord. No. 1934, § 2, 2-13-1995; Ord. No. 2385, §§ 1, 2, 1-11-1999; Ord. No. 2729, §§ 1, 2, 2-2-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3436, § 3, 1-26-2009; Ord. No. 3574, § 1, 8-23-2010; Ord. No. 3800, § 1, 7-23-2012; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4044, § 1, 12-16-2013; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 5080, § 1, 9-13-2021; Ord. No. 5208, § 1, 8-8-2022)

Section 1.39. - R-3 multifamily residential district.

[Purpose:] The multifamily residential district is established for the following purposes:

To provide adequate space and site diversification for higher-density residential development where adequate streets and other community facilities are available for present and future needs.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy traffic.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most efficient use of city facilities and services.

Permitted uses:

One single-family dwelling per lot. Structures must meet the requirements of the R-1 district.

One duplex-fourplex per lot. Structures must meet requirements of the R-2 district.

Apartments.

Condominiums.

One townhouse per lot. Structures must meet requirements of R-1T district.

Parking lots for multifamily residential use.

See chapter 86, signs.

One portable building not more than three percent of the lot's net square footage used for either storage, hobby or other similar accessory uses.

An accessory use customarily related to a principal use authorized in this district, except guesthouses.

Temporary sales office for the sale of lots.

Churches and related amenities.

Conditional uses (require use permits, see article X):

Planned unit developments, excluding industrial uses.

Home occupations.

Associated recreation.

Guesthouses.

A mobile home on an unsubdivided tract five acres or more.

Boardinghouses.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings larger than three percent of the affected lot's net square footage. No second "portable building" shall be permitted without obtaining a conditional use permit.

Parking facilities for nonresidential uses.

Household goods, warehousing or storage in individually rented/leased storage units.

Bed and breakfast facility.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

On- and off-premises signs, portable signs, animated or illuminated signs.

Area requirements:

Single-family dwelling units shall meet the requirements of the R-1 district. Only one single-family residential structure will be allowed per lot.

Townhouses shall meet the requirements of the R-1T district. Only one townhouse will be allowed per lot.

Minimum lot area:

(1)

Internal lot: 7,000 square feet.

(2)

Corner lot: 8,000 square feet.

Maximum number of dwelling units per lot:

(1)

Zero-bedroom or efficiency dwelling units: 1,000 square feet of lot area per unit.

(2)

One-bedroom dwelling units: 1,250 square feet of lot area per unit.

(3)

Two-bedroom dwelling units: 1,500 square feet of lot area per unit.

(4)

Three- or more bedroom dwelling units: 1,750 square feet of lot area per unit. To determine the permitted number of dwelling units in the R-3 district, divide the area of the parcel in question by the "minimum lot area per dwelling unit." The resulting quotient is the maximum number of dwelling units permitted.

i.e.: 80 feet × 120 feet lot = 9,600 feet.

9,600 square feet of lot area ° 1,000 square feet = 9.6 efficiency apartments. The maximum number on 9,600 square foot lot = 9 efficiencies.

9,600 square feet of lot area ° 1,250 square feet = 7 one bedroom apartments.

9,600 square feet of lot area ° 1,500 square feet = 6 two-bedroom apartments.

9,600 square feet of lot area ° 1,760 square feet = 5 three-bedroom apartments.

Maximum density per acre:

(1)

Zero-bedroom or efficiency dwelling units: 43 dwelling units per net acre.

(2)

One-bedroom dwelling units: 34 dwelling units per net acre.

(3)

Two-bedroom dwelling units: 29 dwelling units per net acre.

(4)

Three- or more bedroom dwelling units: 24 dwelling units per net acre.

Minimum lot frontage on a public street:

(1)

Internal lot: 70 feet.

(2)

Corner lot: 80 feet.

Minimum lot depth: 100 feet.

Minimum depth of front setback: 20 feet.

Minimum depth of rear setback*: ten feet.

*Unenclosed carports may be built up to within five feet of any property line that abuts an alley in an R-3 district.

Minimum width of side setback:

(1)

Internal lot: six feet.

(2)

Corner lot: ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area: 50 percent.

Minimum amount of permanent, landscaped open space: ten percent.

Maximum height of structure: 25 feet.*

*Where a structure exceeds 25-foot height maximum, it shall be set back one additional foot for every two feet above 25 feet.

Minimum number of paved, striped off-street parking spaces required for:

(1)

Two off-street parking spaces shall be required for each apartment.

See article XIII, section 1.59 for modifications and exceptions.

Required conditions:

Any owner, builder, or developer of a multiple-family, condominium or townhouse dwelling complex of five units or more on a single lot or parcel, or five or more single-family townhouse attached units, shall submit to the planning and zoning commission for a review, the site and building plan for the proposed development. The contents of this site plan shall contain drawings to scale to indicate as needed:

(1)

Location of all structures proposed and existing on the subject property and within 20 feet on adjoining property;

(2)

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

(3)

Design of ingress and egress;

(4)

Off-street parking and loading facilities;

(5)

Height of all structures;

(6)

Proposed uses; and

(7)

Location and types of all signs, including lighting and heights.

The purpose of the site plan review is:

(1)

To ensure compliance with the zoning ordinance, while allowing for design flexibility;

(2)

To assist in the orderly and harmonious development of the city;

(3)

To protect adjacent uses from obstructions to light, air, and visibility;

(4)

To provide protection from fire;

(5)

To avoid undue concentrations of population and overcrowding of land; and

(6)

To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

The planning and zoning commission shall approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this article and other applicable ordinances, and if the commission finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the comprehensive plan or the adopted growth policies of the city.

The site plan shall be submitted to the city manager or his duly authorized representative ten working days prior to the submission to the planning and zoning commission for review. The city manager or his designee shall review these plans as quickly as possible, but in no case shall he delay submission beyond one planning and zoning commission meeting.

Appeals of the decision of the planning and zoning commission shall be in accordance with section 1.24 of article V.

(Ord. No. 1390, § 5, 1-26-1987; Ord. No. 1428, §§ 4, 5, 4-9-1987; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 1727, § 2, 4-12-1993; Ord. No. 1934, § 2, 2-13-1995; Ord. No. 2729, §§ 1, 2, 2-25-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3235, § 1, 4-9-2007; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 5627, § 1, 4-28-2025)

Section 1.40. - R-4 mobile home district.

[Purpose:] The mobile home district is established for the following purposes:

To provide adequate space and site diversification for moderate-density residential development where adequate streets and other community facilities are available for present and future needs.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To provide adequate provisions for vehicular and pedestrian circulation.

To promote housing densities appropriate to and compatible with existing and proposed public support facilities.

To promote the most desirable use of land and direction of building development; to promote stability of development; to protect the character of the district; to conserve the value of land; and to protect the city's tax base.

Permitted uses:

Mobile home parks where land is subdivided into smaller spaces for renting to owners of mobile or manufactured homes or recreational vehicles including recreational and office facilities associated with such parks and meeting the requirements of the mobile home park ordinance.

One modular home per lot, approved for modular homes only, or one modular home per lot approved for mobile home/modular home.

Accessory buildings.

Recreational and commercial facilities designed for exclusive use of the subdivision's occupants.

An accessory use customarily related to a principle use authorized in this district.

One portable building per lot to be not more than 140 square feet used for either storage, hobby or other similar accessory uses.

A recreational vehicle may be parked or stored off-street on any lot or space, provided that the vehicle is not occupied or connected to utilities for occupancy, and such that said parked/stored vehicle does not have to abide by building setbacks.

Churches and related amenities.

Temporary sales office for the sale of lots.

See chapter 86, signs.

Conditional uses (require use permits, see article X):

One single-family dwelling per lot. Structures must meet the requirements of the R-1 district.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Reserved.

Portable buildings larger than 140 square feet. No second "portable building" shall be permitted without obtaining a conditional use permit.

One single-family dwelling per lot. Structures must meet the requirements of the R-1 district.

Prohibited uses:

A mobile home subdivision where the lots are intended to be individually owned with access to a public or private street.

No more than one mobile home or modular home shall occupy any approved lot, except as noted in 2.f.

Off-premises signs.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required.

Area requirements:

Minimum size of tract for development: Unless otherwise approved by the city council, based upon a recommendation by the planning and zoning commission, the minimum size of a tract for development into a mobile home park shall be five acres.

Minimum lot area for lots in subdivision for mobile homes or modular homes:

(1)

Internal: 5,000 square feet.

(2)

Corner: 6,000 square feet.

Minimum lot frontage on a public or private street for lots in a subdivision for mobile home or modular homes.

(1)

Internal: 50 feet.

(2)

Corner: 60 feet.

Minimum lot depth: 100 feet.

Minimum depth of front setback: 15 feet.

Minimum depth of rear setback: five feet.

Minimum width of side setback:

(1)

Internal: six feet.

(2)

Corner: ten feet.

Maximum number of residential structures per approved lot or space: one.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

Maximum building coverage as a percentage of lot area:

Maximum height of structures: 25 feet.

Minimum number of off-street parking spaces required for:

(1)

Each mobile home or recreational vehicle: two.

(2)

All other uses: see off-street parking ordinance.

The maximum square footage of site-built additions to recreational vehicles shall not exceed 600 square feet.

Required conditions:

At no time may an existing mobile home park or recreational vehicle park be converted to a mobile home subdivision.

At no time may an existing mobile home park or recreational vehicle park be converted to a mobile home subdivision without first meeting all the requirements of the City of Mission Subdivision Ordinance and receiving approval by the city council of Mission, Texas.

Section 1.56.2 of this chapter shall not apply to mobile homes in this district.

(Ord. No. 1381, 12-8-1986; Ord. No. 1390, §§ 5, 6, 8, 9, 1-26-1987; Ord. No. 1399, § 1, 4-27-1987; Ord. No. 1428, §§ 4, 5, 11-9-1987; Ord. No. 1490, § 2, 4-10-1989; Ord. No. 1661, § 1, 3-23-1992; Ord. No. 2300, § 1, 4-27-1998; Ord. No. 2385, §§ 1, 2, 1-11-1999; Ord. No. 2729, §§ 1, 2, 2-25-2002; Ord. No. 2746, § 1, 5-13-2002; Ord. No. 2774, 8-26-2002; Ord. No. 2811, § 1, 2-10-2003; Ord. No. 2840, §§ 1(1.40-2(g)), 2(1.40-3(e)), 6-9-2003; Ord. No. 2961, § 1, 9-27-2004; Ord. No. 3247, § 1, 5-29-2007; Ord. No. 3554, 4-12-2010; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 5080, § 1, 9-13-2021; Ord. No. 5627, § 1, 4-28-2025)

Section 1.41. - C-1 office building district.

Purpose: The office building district is established for the following purposes:

To accommodate office uses, office sales uses, and certain personal services.

To create a district that will not create excessive amounts of traffic and may be located on streets with potential congestion problems.

To create a district with commercial uses of a nature that will not have a blighting effect on adjacent residential areas, and may be suitable for shallow depth lots along major thoroughfares when developed in accordance with the master plan.

To protect against fire and explosions, pollution, and other environmental hazards.

To protect, as far as possible, against congestion.

To promote the most desirable use of land and direction of building development in accordance with the comprehensive plan of the City of Mission.

To promote stability of office building developments; to protect the character of the district and adjacent districts; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

Office buildings for professional occupations including: executive, administrative, legal, accounting, writing, clerical, stenographic, drafting and real estate.

Medical offices, including clinics, where all activities are conducted within a totally enclosed building.

Other uses similar to the above.

An accessory use customarily related to a principal use authorized in this district such as a pharmacy or apothecary shop; stores limited to corrective garments or bandages, or optical company or eating establishments accessory to the office complex for the convenience of the occupants and clients may be permitted, provided it is within the building to which it is accessory and does not have a direct outside entrance for customers.

Churches and related amenities.

Parking lots.

On-premises signs, illuminated or animated, in accordance with adopted city ordinances, and institutional signs.

Additions to existing residences including accessory buildings. Building setbacks shall be those normally imposed for the use involved, and there shall be only one land use as a prerequisite on the property.

Photographic studies including incidental sale of related merchandise.

Changeable copy signs not along the expressway corridor.

(Original Townsite Only) All R-3 permitted uses are permitted within this district, only within the original townsite. R-3 uses must be in conjunction with a permitted use within this district and shall be compatible with adjacent land uses. No residential uses will be allowed on the first floor of a building, unless said residential unit is attached and located in the rear of the commercial building.

Conditional uses (requires a use permit, see article X):

All R-3 uses, including conditional uses, except for a mobile home on an unsubdivided tract. R-3 uses must meet the requirements of the R-3 district.

Funeral homes.

Banks, credit unions, [and] savings and loan associations.

Household goods, warehousing or storage in individually rented/leased storage units.

Mall related services for profit.

Telephone, radio, television and/or other communication towers.

Hair salon service.

Changeable copy signs only along the expressway corridor.

Detached pharmacy buildings.

Antique shop.

Tutoring and/or kindergarten services.

Drive-thru service window business for food establishments.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

Storage unit facilities.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Off-premises signs.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 1623, § 1, 6-24-1992; Ord. No. 1727, § 2, 4-12-1993; Ord. No. 1912, § 1, 11-14-1994; Ord. No. 2243, § 1, 9-22-1997; Ord. No. 2481, § 1, 9-27-1999; Ord. No. 2706, § 1, 12-10-2001; Ord. No. 2774, 8-26-2002; Ord. No. 2778, § 1, 9-9-2002; Ord. No. 2788, § 1, 11-12-2002; Ord. No. 2824, § 1, 4-14-2003; Ord. No. 3209, §§ 1, 2, 1-22-2007; Ord. No. 3452, § 1 5-11-2009; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4476, § 4, 3-13-2017; Ord. No. 4700, 9-24-2018; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 4756, 1-28-2019; Ord. No. 5348, § 1(b), 7-24-2023)

Section 1.42. - C-2 neighborhood commercial district.

[Purpose:] The neighborhood commercial district is established for the following purposes:

To provide sufficient space and off-street parking in appropriate locations in proximity to residential areas, for commercial development catering to the convenience shopping and service needs of the occupants of nearby residences.

To provide appropriate space for off-street parking to control congestion, and to encourage commercial development to concentrate to the mutual advantage of both consumers and merchants.

To protect local commercial development against fire, explosions, pollution, and environmental hazards.

To promote the most desirable use of land and direction of building development in accord with the comprehensive plan of the City of Mission; to promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as groceries, meats, dairy products, baked goods, clothing and notions, or hardware and similar uses.

Personal services establishments which perform services on the premises such as: Repair shops (watches, radios, TV, shoes, etc.), tailor shops, beauty parlors or barber shops, photographic studios and self-service laundries; and similar uses but not including automotive repair services and armature repair services.

Dry cleaning establishments or pickup stations dealing directly with the consumers. Central dry cleaning plants servicing more than one retail outlet are not permitted.

Personal services including the following: Outpatient medical clinics, offices of doctors, dentists, osteopaths and similar or allied professions.

Other uses similar to the above.

An accessory use customarily related to a principal use authorized in this district.

On-premises signs, including those that are animated or illuminated.

Daycare services and/or centers to include catering services in relation to daycare needs.

Changeable copy signs not along the expressway corridor.

Churches and related amenities.

(Original Townsite Only) All R-3 permitted uses are permitted within this district, only within the original townsite. R-3 uses must meet the requirements of the R-3 district, and shall be secondary to all other permitted uses within this district. No residential uses will be allowed on the first floor of a building, unless said residential unit is attached and located in the rear of the commercial building.

Conditional uses (require use permits, see article X):

All R-3 uses including conditional uses, except mobile homes. R-3 uses must meet the requirements of the R-3 district.

Gasoline service stations or retail outlets where gasoline products are sold.

Drive-thru service window business for food establishments.

Business establishments which perform services on the premises such as banks, loan companies, insurance and real estate offices.

Restaurants or bars in accordance with the adopted policies of the city.

Planned neighborhood convenience centers, including any or all of the above permitted or conditional uses, provided the site is not larger than four acres and that access to such center be from a designated collector or larger street.

Accessory structures and uses customarily incidental to the above permitted uses.

Portable buildings.

Household goods, warehousing or storage by individuals in rented/leased storage units.

Veterinary hospitals or clinics are subject to the limitation that all activities be conducted within a totally enclosed building with no open area impoundment and no external effects such as noise or odor which could adversely extend beyond the property line.

Telephone, radio, television and/or other communication towers.

Changeable copy signs only along expressway corridor.

Limousine rental services.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

Storage unit facilities.

Required conditions:

All business establishments shall be retail service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail prices on premises where produced.

All businesses, servicing or processing, shall be conducted within a completely enclosed building (except for off-street parking or loading) excluding drive-in businesses or gasoline service stations or retail outlets where gasoline products are sold.

Gasoline service stations or retail outlets where gasoline products are sold at retail prices are limited in their activity to the sale of gasoline, oil and minor accessories only, and incidental service. Repair work, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glasswork, and such other activities whose external effects could adversely extend beyond the property line are not permitted.

The curb cut, or ingress and egress to gasoline service stations, retail outlets for gasoline products and/or drive-in businesses shall not be permitted at locations where it will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from any street intersection (measured from right-of-way).

A front setback of 60 feet from the right-of-way of any existing or proposed street shall be maintained by gas service stations or retail outlets where gasoline products are sold unless otherwise approved by the planning and zoning commission. Gas pumps or driveway covers may be placed within the setbacks.

Unless otherwise approved by the planning and zoning commission, the minimum lot area for a gas service station or a retail outlet where gasoline products are sold shall be 15,000 square feet and so arranged that ample space is available for motor vehicles which are required to wait, except that gasoline service stations intended solely for the purpose of sale of gasoline, oil and minor accessories and having no facilities for repair or servicing automobiles may be permitted on lots of less than 15,000 square feet subject to all other provisions therein required.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Off-premises signs.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 1428, §§ 7, 8, 11-9-1987; Ord. No. 2481, § 1, 9-27-1999; Ord. No. 2488, § 1, 10-11-1999; Ord. No. 2774, 8-26-2002; Ord. No. 3209, § 3, 1-22-2007; Ord. No. 3347, § 1, 3-24-2008; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4203, § B, 3-23-2015; Ord. No. 4476, § 4, 3-13-2017; Ord. No. 4477, § 3, 3-13-2017; Ord. No. 4700, 9-24-2018; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 4756, 1-28-2019; Ord. No. 5183, § 1, 6-21-2022; Ord. No. 5207, § 1, 8-8-2022; Ord. No. 5348, § 1(b), 7-24-2023)

Section 1.43. - C-3 general business district.

[Purpose:] The general business district is established for the following purposes:

To provide sufficient space, in appropriate locations with a variety of site choices, for development requiring a higher density of commercial establishments, generally characterized by an integrated or planned cluster of establishments served by a common parking area and/or generating large volumes of vehicular and pedestrian traffic.

To protect against fire and explosions, pollution, and other environmental hazards.

To protect, as far as possible, commercial centers against congestion.

To promote the most desirable use of land and direction of building development in accord with the comprehensive plan of the City of Mission.

To promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district and its uses; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

All uses listed as permitted uses in the C-1 and C-2 districts. Said uses must meet the requirements of their use district.

Any retail business, personal services, business services except the following: Lumberyards or contractor yards, farm equipment or other heavy equipment sales or service, farm products warehousing and storage or stockyards, general warehousing and storage. Household goods warehousing and storage in individually rented storage units is permitted.

Hotel, motel and/or restaurants.

Churches and related amenities.

Printing, publishing, and allied products manufacturing.

Rail and motor vehicle transportation passenger terminals.

Telephone, telegraph, television, radio or similar media stations, centers, studios, but not including public microwave, radio and television towers.

Any wholesale trade, or wholesale trade accessory to any permitted retail operation except the following: Raw cotton, grain, hide, skins, and raw furs, tobacco, wool or mohair, livestock, commercial or industrial machinery or supplies, metals and minerals, petroleum bulk stations and terminals, scrap or junk waste materials.

Signs in accordance with adopted ordinances.

Automotive repair, paint and body shops, provided all work is conducted wholly within a completely enclosed building. That portion of the land used for open storage of vehicles or parts shall be totally obscured by a wall.

An accessory use customarily related to a principle use authorized in this district including temporary tents for sidewalk sales.

Changeable copy signs not along the expressway corridor.

Credit access business; except that no new credit access business may be located within 1,500 feet of another credit access business, measured in a direct line from property line to property line.

(1)

It is the declared purpose of this section that in time all credit access businesses shall come to conform to the provisions of this section or be removed.

(2)

A credit access business that does not conform to these standards and that existed lawfully on the date the use commenced shall be deemed a nonconforming use. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.

(3)

If a credit access business ceases operations at a particular location, a new business license shall not be issued for a new credit access business at that location without first complying with all the requirements of this section.

(4)

No existing credit access business may be expanded by 25 percent or more of its building area on or after April 1, 2016, or be repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute 25 percent of the current value of the structure as established by the most current value established by the appraisal district without first complying with all the requirements of this section.

(5)

The privilege to continue a nonconforming credit access business shall cease and such use shall terminate whenever any of the following occur:

A business license is requested for a change of owner, occupant, tenant, or business is issued.

The business license for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

The use or the structure housing the use is altered, remodeled, expanded, or otherwise improved that increases its level of nonconformity.

The structure housing the use is damaged and the cost to repair exceeds 51 percent of the replacement cost on the date of damage.

The credit access business' or regulated lender's state license is revoked, suspended, surrendered, expires or is terminated.

(6)

The aforementioned regulations shall apply to all new establishments seeking to obtain a business license as a credit access business, including new buildings or in any existing building or portion of a building. This does not apply to regulated lenders (lenders who hold a regulated loan or consumer loan license under the Texas Finance Code ch. 342). This only applies to credit access businesses.

Conditional uses (require use permits, see article X):

All R-3 uses not already allowed in this district, excluding mobile homes for residential use. R-3 uses must meet the requirements of the R-3 district.

Gasoline service stations or retail outlets where gasoline products are sold.

Drive-thru service window business for food establishments.

Planned shopping centers.

A mobile home on an unsubdivided tract or accessory to permitted use for security and/or office purpose.

Restaurants that serve liquor or other alcoholic beverages for on-premises consumption and in accordance with adopted policies. Also, bars, cocktail lounges, taverns, cantinas, saloons, dancehalls, discotheques, discos, nightclubs or other similar operations. The aforementioned conditional use shall in all cases require the approval of the city council.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or other temporary structures used for temporary purposes.

Portable buildings.

Any of those permitted uses under the light industrial zoning district. When applicable, relevant SIC codes will be required by the City of Mission during the conditional use permit hearing process.

Telephone, radio, television and/or other communication towers.

Changeable copy signs only along expressway corridor.

Crematorium when in association with a funeral home establishment; the owner of the funeral home must also be the owner and applicant of the crematorium.

Indoor gun shooting range.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

Storage unit facilities.

BYOB establishments.

Required conditions: Gasoline service stations or retail outlets where gasoline products are sold, drive-in businesses, and veterinary hospitals shall be subject to the same limitations as set forth in subsections 4.d, e and f of section 1.42.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 1428, §§ 9, 10, 11-9-1987; Ord. No. 1636, § 2, 9-9-1991; Ord. No. 1727, §§ 6, 7, 4-12-1993; Ord. No. 1912, § 2, 11-14-1994; Ord. No. 2012, § 1, 9-25-1995; Ord. No. 2013, § 1, 9-25-1995; Ord. No. 2481, § 1, 9-27-1999; Ord. No. 2774, 8-26-2002; Ord. No. 3209, § 4, 1-22-2007; Ord. No. 3324, § 2, 10-10-2007; Ord. No. 3436, § 3, 1-26-2009; Ord. No. 3660, § A, 7-25-2011; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 3804, § 3, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4203, § B, 3-23-2015; Ord. No. 4329, § 1(a)2., 3-14-2016; Ord. No. 4476, § 4, 3-13-2017; Ord. No. 4477, § 3, 3-13-2017; Ord. No. 4700, 9-24-2018; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 4756, 1-28-2019; Ord. No. 5175, § 1, 5-23-2022; Ord. No. 5207, § 1, 8-8-2022; Ord. No. 5348, § 1(b), 7-24-2023; Ord. No. 5359, § 1(b), 8-28-2023)

Section 1.44. - C-4 heavy commercial district.

[Purpose:] The heavy commercial district is established for the following purposes:

To provide sufficient space for development of commercial establishments which would involve influences that would be objectionable in the C-3 district due to noise from heavy service operations, large volumes of truck traffic, or some similar objection.

To protect against fire and explosions, pollution, and other environmental hazards.

To protect, as far as possible, against congestion.

To promote the most desirable uses of land and the direction of building development in accord with the comprehensive plan of the City of Mission.

To promote stability of commercial-industrial development; to strengthen the economic base of the city; [and] to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

All uses listed as permitted uses in the C-3 districts. C-3 uses must meet the requirements of the C-3 district.

Drive-in businesses.

Gasoline service stations, automotive and other repair services or retail outlets where gasoline products are sold.

Lumberyards or contractor yards, general warehousing and storage, farm equipment or other heavy equipment sales and service, farm products, warehousing and storage.

Motor vehicle transportation freight terminals.

Those uses of a commercial, retail or wholesale nature requiring large outdoor loading areas, generating heavy truck or rail traffic and requiring access to major transportation channels and/or creating influences not acceptable in the C-3 district.

Accessory structures and uses customarily incident to the above permitted uses.

Other uses of similar character.

Signs in accordance with adopted ordinances.

Changeable copy signs not along expressway corridor.

Churches and related amenities.

Credit access business; except that no new credit access business may be located within 1,500 feet of another credit access business, measured in a direct line from property line to property line.

(1)

It is the declared purpose of this section that in time all credit access businesses shall come to conform to the provisions of this section or be removed.

(2)

(3)

(4)

(5)

The privilege to continue a nonconforming credit access business shall cease and such use shall terminate whenever any of the following occur:

A business license is requested for a change of owner, occupant, tenant, or business is issued.

The business license for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

The use or the structure housing the use is altered, remodeled, expanded, or otherwise improved that increases its level of nonconformity.

The structure housing the use is damaged and the cost to repair exceeds 51 percent of the replacement cost on the date of damage.

The credit access business' or regulated lender's state license is revoked, suspended, surrendered, expires or is terminated.

(6)

Storage unit facilities.

Conditional uses (requires use permit, see article X):

Planned shopping center.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings other than storage buildings.

Residence for a night watchman or caretaker employed on the premises.

Any of those permitted uses under the light industrial zoning district. When applicable, relevant SIC codes will be required by the City of Mission during the conditional use permit hearing process.

Telephone, radio, television and/or other communication towers.

Changeable copy signs only along the expressway corridor.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

BYOB establishments.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 1390, § 10, 1-26-1987; Ord. No. 1428, §§ 10—12, 11-9-1987; Ord. No. 2012, § 1, 9-25-1995; Ord. No. 2013, § 1, 9-25-1995; Ord. No. 2481, 1, 9-27-1999; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4203, § B, 3-23-2015; Ord. No. 4329, § 1(a)2., 3-14-2016; Ord. No. 4477, § 3, 3-13-2017; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 5175, § 1, 5-23-2022; Ord. No. 5207, § 1, 8-8-2022; Ord. No. 5348, § 1(c), 7-24-2023; Ord. No. 5359, § 1(b), 8-28-2023)

Section 1.44(A). - C-5 adaptive commercial district.

[Purpose:] The adaptive commercial district is established for the following purposes:

To provide commercial developments which would be objectionable in the C-4 district due to the noise, fumes or noxious conditions of the commercial activities designed to be established within the C-5 district.

To protect against fire and explosions, pollution, and other environmental hazards on properties within the C-5 district as well as those other adjacent properties.

To protect, as far as possible, against congestion.

To promote the most desirable uses of land and the direction of building development in accord with the comprehensive plan.

To promote stability of commercial development to strengthen the economic base of the city, [and] to protect the city's tax base.

To promote the most efficient use of city facilities and service.

Permitted uses:

All uses permitted in C-4 districts.

Any wholesale trades or wholesale trade accessory to permitted retail operation including: raw cotton, grain, hides, skins and raw furs, tobacco, wool or mohair, commercial or industrial machinery or synthetics, chemicals, metals and minerals, petroleum bulk stations and terminals.

Noxious uses not consistent with those of the C-4 district's intent.

Other uses of similar character.

Accessory structure and uses.

Signs in accordance with adopted ordinances.

Changeable copy signs not along expressway corridor.

Churches and related amenities.

Credit access business; except that no new credit access business may be located within 1,500 feet of another credit access business, measured in a direct line from property line to property line.

(1)

It is the declared purpose of this section that in time all credit access businesses shall come to conform to the provisions of this section or be removed.

(2)

(3)

(4)

(5)

The privilege to continue a nonconforming credit access business shall cease and such use shall terminate whenever any of the following occur:

A business license is requested for a change of owner, occupant, tenant, or business is issued.

The business license for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

The use or the structure housing the use is altered, remodeled, expanded, or otherwise improved that increases its level of nonconformity.

The structure housing the use is damaged and the cost to repair exceeds 51 percent of the replacement cost on the date of damage.

The credit access business' or regulated lender's state license is revoked, suspended, surrendered, expires or is terminated.

(6)

Storage unit facilities.

Conditional uses:

Planned shopping center.

Amusement parks, circus or carnival grounds, commercial, amusement or tent or other temporary structures.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings other than storage buildings.

Residence for a night watchman or caretaker employed on the premises.

Changeable copy signs only along the expressway corridor.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

BYOB establishments.

Required conditions: Gasoline service stations or retail outlets where gasoline products are sold, drive-in businesses, and veterinary hospitals shall be subject to subsections 4.d, e and f of section 1.42.

Prohibited uses:

Any building erected or land uses for other than one or more of the preceding specified uses.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 1325, § 1, 1-13-1986; Ord. No. 1390, § 10, 1-26-1987; Ord. No. 1428, § 12, 11-9-1987; Ord. No. 1636, § 2, 9-9-1991; Ord. No. 2774, 8-26-2002; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4203, § B, 3-23-2015; Ord. No. 4329, § 1(a)2., 3-14-2016; Ord. No. 4477, § 3, 3-13-2017; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 5175, § 1, 5-23-2022; Ord. No. 5207, § 1, 8-8-2022; Ord. No. 5348, § 1(c), 7-24-2023; Ord. No. 5359, § 1(b), 8-28-2023)

Section 1.45. - I-1 light industrial district.

[Purpose:] The light industrial district is established for the following purposes:

To accommodate wholesale and warehouse activities and industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts.

To permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semifinished products from previously prepared material as long as such use has no adverse external effects such as noise or odor which extend beyond the property line of the site.

To protect against fire and explosions, pollution, and other environmental hazards.

To protect, as far as possible, against congestion.

To promote the most desirable use of land and direction of building development in accord with the comprehensive plan of the City of Mission.

To promote stability of industrial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

Any of the following uses when the manufacturing, compounding, or processing of previously prepared materials are conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, or processing shall be totally obscured by a wall on those sides abutting R-1 through R-4 districts, residential uses in a planned unit development, C-1 and C-2 districts.

(1)

The manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery;

(2)

The manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal (excluding saw and planing mills) and yarns;

(3)

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

(4)

Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small molded rubber products;

(5)

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios, and phonographs;

(6)

Laboratories—Experimental, film, or testing;

(7)

Manufacture and repair of electric or neon signs, sheet metal products, including heating and ventilating equipment, cornices, eaves and the like;

(8)

Tool, dye, gauge and machine shops;

(9)

All public utilities, including buildings, necessary structures, storage yards and other related uses;

(10)

Any use listed as permitted in C-4.

Accessory structures and uses customarily incidental to the above permitted uses.

Other uses of a similar and no more objectionable character to those principal uses permitted subject to any and all provisions of ordinance relating to the use of property within the City of Mission.

Changeable copy signs not along expressway corridor.

Churches and related amenities.

Credit access business; except that no new credit access business may be located within 1,500 feet of another credit access business, measured in a direct line from property line to property line.

(1)

It is the declared purpose of this section that in time all credit access businesses shall come to conform to the provisions of this section or be removed.

(2)

(3)

(4)

(5)

The privilege to continue a nonconforming credit access business shall cease and such use shall terminate whenever any of the following occur:

A business license is requested for a change of owner, occupant, tenant, or business is issued.

The business license for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

The use or the structure housing the use is altered, remodeled, expanded, or otherwise improved that increases its level of nonconformity.

The structure housing the use is damaged and the cost to repair exceeds 51 percent of the replacement cost on the date of damage.

The credit access business' or regulated lender's state license is revoked, suspended, surrendered, expires or is terminated.

(6)

Storage unit facilities.

Conditional uses (require use permits, see article X):

Planned shopping centers.

Planned industrial parks.

The residence of a watchman or caretaker employed on the premises.

Amusement parks, circus or carnival grounds, commercial, amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings other than storage buildings.

Changeable copy signs only along the expressway corridor.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

BYOB establishments.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

(Ord. No. 2774, 8-26-2002; Ord. No. 3708, § 3, 11-14-2011; Ord. No. 4046, § 1, 1-13-2014; Ord. No. 4203, § B, 3-23-2015; Ord. No. 4329, § 1(a)2., 3-14-2016; Ord. No. 4477, § 3, 3-13-2017; Ord. No. 4701, § 1, 9-24-2018; Ord. No. 5175, § 1, 5-23-2022; Ord. No. 5207, § 1, 8-8-2022; Ord. No. 5348, § 1(c), 7-24-2023; Ord. No. 5359, § 1(b), 8-28-2023)

Section 1.46. - I-2 heavy industrial district.

[Purpose:] The heavy industrial district is established for the following purposes:

To accommodate industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts.

To permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of raw materials, finished or semifinished products.

To protect against fire and explosions, pollution, and other environmental hazards.

To protect, as far as possible, against congestion.

To promote the most desirable use of land and direction of building development in accord with the comprehensive plan of the City of Mission.

To promote stability of industrial development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

To promote the most efficient use of city facilities and services.

Permitted uses:

All uses listed as permitted in the I-1 district, provided [that] the manufacturing, compounding, or processing is conducted wholly within a completely enclosed building and that portion of the land used for open storage facilities for materials or equipment used in manufacturing, compounding, or processing be totally obscured by a wall on those sides abutting R-1 through R-4 districts, residential uses in a planned unit development, C-1 and C-2 districts.

Any use not previously listed subject to any and all provisions of all ordinances relating to the use of property within the City of Mission.

Changeable copy signs not along expressway corridor.

Churches and related amenities.

Credit access business; except that no new credit access business may be located within 1,500 feet of another credit access business, measured in a direct line from property line to property line.

(1)

It is the declared purpose of this section that in time all credit access businesses shall come to conform to the provisions of this section or be removed.

(2)

(3)

If a credit access business ceases operations at a particular location, a new business license shall not be issued for a new credit access business or regulated lender at that location without first complying with all the requirements of this section.

(4)

(5)

The privilege to continue a nonconforming credit access business shall cease and such use shall terminate whenever any of the following occur:

A business license is requested for a change of owner, occupant, tenant, or business is issued.

The business license for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

The use or the structure housing the use is altered, remodeled, expanded, or otherwise improved that increases its level of nonconformity.

The structure housing the use is damaged and the cost to repair exceeds 51 percent of the replacement cost on the date of damage.

The credit access business' or regulated lender's state license is revoked, suspended, surrendered, expires or is terminated.

(6)

Storage unit facilities.

Conditional uses (require use permits, see article X):

Planned shopping center.

Planned industrial park.

Amusement parks, circus and carnival grounds, commercial, amusement or recreation developments, or tents or other temporary structures used for temporary purposes.

Facilities for railroads or those utilities holding a franchise under the City of Mission.

Portable buildings other than storage buildings.

Changeable copy signs only along the expressway corridor.

Mobile food units (subject to the requirements and restrictions as set out in section 1.56(11)).

BYOB establishments.

Prohibited uses:

Those uses which, in the opinion of the planning and zoning commission and/or city council, would be detrimental to the health, safety, or general welfare of the citizens of Mission or to adjacent development.

Area requirements:

All uses in this district shall meet the area requirements of article XII, section 1.58.

All uses in this district shall meet the requirements of the City of Mission off-street parking ordinance.

Section 1.47. - PUD planned unit development district.

Purpose: The planned unit development district is established for the following purposes:

To accommodate the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map, the district regulations prescribed by the zoning ordinance, or the requirements of the subdivision ordinance.

To encourage the creative development of land, provide locations for well-planned comprehensive developments, and provide for variety in the development pattern of the City of Mission which conforms with the purpose of the master plan.

To protect against fire and explosions, pollution, and other environmental hazards;

To promote housing densities appropriate to and compatible with existing and proposed public support facilities.

To protect, as far as possible, against congestion; and to provide for vehicular and pedestrian circulation.

To promote the most desirable uses of land and the direction of building development in accord with the master plan;

To promote the stability of developments; to strengthen the economic base of the city; to protect the character of the district and adjacent districts; to conserve the value of land and buildings; and to protect the city's tax base;

To promote the most efficient use of city facilities and services.

Permitted uses:

Planned unit developments in accordance with the subdivision ordinance requirements regarding planned unit developments on tracts of ten acres or more.

Developments on tracts of five acres or more that incorporate dwelling unit types that are not permitted in any other use district.

Churches and related amenities.

Prohibited uses:

Any building erected or land used for other than the use shown on the planned unit development plan, as approved by the planning and zoning commission, and as recorded with the chief building inspector.

Required conditions: Granting of a permit: The planning [and zoning] commission may grant a permit for a planned unit development and may vary the specific requirements of this chapter [ordinance], if, on the basis on the application and the evidence submitted, the planning [and zoning] commission makes the following findings:

That the requirements of the subdivision ordinance and all other ordinances have been met.

That the proposed location of the planned unit development is in accord with the objectives of the comprehensive general plan and the zoning and subdivision ordinance and the major purposes of the district in which the site is located.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, and off-street parking .and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

That the development is planned with adequate provisions for light, air, vehicular and pedestrian circulation, and recreational facilities equal to or better than the requirements of this chapter [ordinance].

That the combination of different dwelling types and/or the variety of land uses in the development will compliment each other and will harmonize with existing and proposed land uses in the vicinity.

The average dwelling unit's density per net acre in that portion of a planned unit devoted to residential use can exceed the net dwelling unit density proposed in the approved comprehensive plan providing the gross average density of the planned unit development does not exceed that proposed in the comprehensive plan. In calculating population density per net acre, all streets shall be excluded.

Cross reference— Regulations in the planned unit development subdivision, § 98-181.

(Ord. No. 4046, § 1, 1-13-2014)

Sec. 1.47A. - Public zoning district.

Purpose: The public zoning district is established for the following purposes:

To accommodate the development of property for public and/or institutional purposes where such development will be done in an orderly manner that would promote the public's health, safety, and general welfare.

To establish a district that will not create excessive amounts of continuous traffic patterns spilling over onto residential areas, and where such uses may be located on street(s) that are suitable to accommodate heavy traffic that may be incidental to its use.

To create a district that will not have a detrimental effect on adjoining or nearby residential areas.

To promote the most desirable use of land in accordance with the comprehensive plan of the City of Mission.

Permitted uses:

Institutional uses such as office buildings or facilities for city, county, state, and federal government for administrative and/or emergency response purposes.

Schools and associated office buildings including sentry structures.

Recreational amenities owned by public entities, including, but not limited to, public parks, football stadiums, gymnasiums, swimming pools, skate parks, pavilions, tennis courts, soccer fields, and similar uses and structures.

Institutional uses such as a church and related amenities.

An accessory use customarily related to a principle use authorized in this district.

Paved or unpaved institutional parking lots which may include accompanying retention/detention ponds.

Institutional signs being one sign only per site with a maximum height of 15 feet; maximum square footage per face to be 60 square feet; structural setback to be five feet to property lines; and the maximum number of advertising faces to be no more than two; also, in accordance to the sign ordinance, exempted signs as outlined in subsection 86-42(b) shall be similarly "exempt" in this zoning district.

Conditional uses (requires a use permit, see article X):

Telephone, radio, television and/or other communication towers.

Any civic sponsored recreational amusement and/or event such as a circus, carnival, or similar activity that isn't normally associated with the use of the site-specific property.

Activities associated with Ordinance No. 3436 (complimentary alcohol beverages during social events).

Prisons, jailhouses, or similar structures used for similar purposes, including halfway houses for juvenile offenders.

Public hospitals and/or health care facilities intended for mental health and mental retardation purposes.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding uses.

Other requirements:

Building setbacks shall be in accordance to article XII (commercial area requirements) or as specifically established by associated recorded subdivision plat.

Uses in this district shall comply with the paved off-street parking requirements of Ordinance No. 1107, as amended.

The City of Mission shall have the right to impose a minimum eight-foot fence buffering requirement of public buildings and/or facilities during the permit process when adjacent to residential areas.

Integral to any proposed rezoning to a public zone, the applicant shall provide a site plan reflecting the proposed use, points of entry, parking, setbacks, etc., in order to substantially inform the staff and general public of the property's "public" intent.

Special provisions: Any pre-existing institutional buildings, structures, facilities and/or uses on properties that are otherwise zoned are hereby grandfathered to this section.

(Ord. No. 3804, § 2, 8-13-2012; Ord. No. 4046, § 1, 1-13-2014)

Section 1.47B. - Historic preservation overlay district.

Purpose: The city council of Mission, Texas, hereby declares that as a matter of public policy, the protection, enforcement, and preservation of landmarks and districts of architectural, archeological, cultural, and historic significance is necessary to promote the economic, cultural, educational, and general welfare of the public.

This section is intended to:

Protect and enhance the landmarks and districts which represent distinctive elements of Mission's historic, architectural, and cultural heritage;

Foster civic pride in accomplishments of the past;

Protect and enhance Mission's attractiveness to visitors and the support and stimulus to the economy thereby provided;

Insure the orderly, efficient, and appropriate growth and development of the city;

Promote economic stability and prosperity of the community by encouraging the most appropriate use of historic properties within the city; and

Encourage stabilization, restoration, and improvements of such properties and their values by offering incentives for rehabilitation.

Definitions:

Alteration. Shall mean any exterior change, demolition, or modification to a property with historic overlay zoning, including but not limited to:

Exterior changes to or modifications of structures, architectural details, or visual characteristics;

Construction of new structures;

Disturbance of archeological sites or areas; or

Placement or removal of exterior objects that affect the exterior qualities of the property.

Applicant. The owner of record of a property with existing or proposed historic overlay zoning, the agent or lessee thereof with the approval of the owner of record in a notarized form, or a person holding a bona fide contract to purchase the property with approval of the property owner.

Archeological resource. A site with archeological or paleontological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.

Architectural feature. The architectural elements embodying style, design, general arrangement, and components of the exterior of any building or structure, including, but not limited to, the kind, color, and texture of the building materials, and the style and type of all windows, doors, lights, signs, and porches.

Building. A structure for business or residential use, created to shelter people or things, such as a house, barn, church, hotel, warehouse or similar structure, including a historically related complex, such as a courthouse and jail or a house and barn. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

Certificate of appropriateness. The certificate issued by the city approving alteration, rehabilitation, construction, reconstruction, or improvement of a property with historic overlay zoning.

Certified local government. A federal government program authorized by the National Historic Preservation Act, 16 U.S.C. 470 et seq., that provides for the participation of local governments in a federal/state/local government partnership.

City. The city of Mission, Texas, as represented by the mayor and city council.

Contributing. A building, structure, site, or object within a designated historic district which:

• Embodies the significant physical features and characteristics of the district, or adds to the historical association, historical architectural qualities, or archeological values identified for the district; and

• Was present during the period of significance relating to the documented significance of the district; and

• Possesses historic integrity or is capable of yielding important information about the period.

Dangerous structure. A structure that poses an imminent threat to public health or safety.

Demolition. The complete or partial removal of a building, structure, object, or site, including landscape features and archeological sites.

Demolition by neglect. Improper maintenance, neglect in the maintenance of, or lack of maintenance of any structure or property with historic overlay zoning, which results in deterioration of the structure and threatens the preservation of the structure.

Design guidelines. The "Design Guidelines for Historic Mission, Texas" as adopted by the city council and as may be amended from time to time.

Designation. The process by which the city council may designate certain buildings, land, areas, and districts in the city with historic overlay zoning and define, amend, and delineate the boundaries thereof.

Economic hardship. The inability of an owner to obtain a reasonable return or a reasonable beneficial use from a property with historic overlay zoning as required by the United states Supreme Court in Penn Central Transportation Company v. New York City, 438 U.S. 104 (1978) and subsequent decisions. A reasonable economic return does not have to be the most profitable return possible or allow the highest and best use of the property.

Historic district. An area of the city containing a grouping of historic properties that are designated with historic overlay zoning and that may contain properties that are both contributing and non-contributing, but that is united historically or aesthetically. For the purpose of this section, the entirety of an historic district shall have historic overlay zoning.

Historic landmark. Any building, structure, object, site, or portion thereof with historic overlay zoning.

Historic preservation officer. The historic preservation officer for the City of Mission shall be appointed by the city manager. This officer shall administer this chapter and advise the commission on matters submitted to it.

Historic resource. Any building, structure, or object with historic overlay zoning being considered for relocation.

Improvement. Any building, structure, or object constituting a physical betterment of real property, or any part of such betterment, including but not limited to streets, alleys, curbs, lighting fixtures, signs and the like.

Initiated designation. The historic designation procedure is considered to be initiated immediately when the city council, the planning and zoning commission, or the historic preservation commission votes to initiate it or, in the case of initiation by the property owner(s), when the designation report is filed with the planning director.

Landscape. Any improvement or vegetation including but not limited to: shrubbery, trees, plantings, outbuildings, walls, courtyards, fences, swimming pools, planters, gates, street furniture, exterior lighting, and site improvements, including but not limited to subsurface alterations, site regarding, fill deposition, and paving.

Low-income homeowner. Any homeowner that meets the U.S. Department of Housing and Urban Development (HUD) qualifications for low income.

National historic landmark. A district, site, building, structure, and/or object that has been formally designated as a national historic landmark by the U.S. Secretary of the Interior and possesses exceptional value or quality in illustrating or interpreting the heritage of the United States in history, architecture, archeology, engineering, and culture and that possesses a high degree of integrity of location, design, setting, materials, workmanship, feeling, and association. National historic landmarks are automatically listed in the national register.

National register of historic places. A federal list of cultural resources worthy of preservation, authorized under the National Historic Preservation Act of 1966 as part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect the nation's historic and archeological resources. The national register program is administered by the commission, by the state historic preservation office, and by the National Park Service under the Department of the Interior. Significant federal benefits may accrue to owners of properties listed or determined eligible for listing in the national register.

Noncontributing. A building, site, structure, or object that is located within a designated historic district, but does not add to the historic associations, historic architectural qualities, or archeological values for which the district is significant because:

• It was not present during the period of significance;

• It does not relate to the documented significance of the property; and/or

• Due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity and/or is capable of yielding important information about the period.

Object. A material thing of functional, cultural, historical, or scientific value that may be, by nature or design, movable, yet is related to a specific setting or environment.

Ordinary repair or maintenance. Ordinary maintenance shall be defined as any work that does not constitute a change in design, material, or outward appearance, and that includes in-kind (same original material) replacement or repair.

Relocation. Any changes in the location of a building, object, or structure, either within its present setting or to another setting.

Secretary of the Interior's standards for the treatment of historic properties. A federal document providing standards and guidelines for the appropriate rehabilitation, preservation, restoration, and reconstruction of historic buildings.

Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing buildings, or objects.

Historic preservation commission:

Number of members, appointment. The historic preservation commission shall consist of seven members. Appointment of members shall be made by the city council.

Make-up of the commission. A member must be a resident of the city and have lived within the city for a minimum of 12 months immediately prior to appointment.

In making appointments to the commission, the council shall attempt to maintain a balance of interest and skills on the commission by assessing the individual qualifications of the candidates, including, but not limited to, their knowledge and demonstrated interest in preservation-related fields such as architecture, history, archeology, planning, or urban or community design. All members shall have a knowledge of and demonstrated interest in historic preservation. At least one member shall be an owner-occupant of a property with historic overlay zoning.

Regardless of profession, background, or experience, members of the commission will require ongoing training and education in architectural history, historic preservation law, and other relevant topics. Initial and annual training for new members, as well as an up-to-date reference manual for commissioners, shall be provided.

Terms. All historic preservation commission members shall serve on the commission as may be allowed by section 2-73 of the City's Code of Ordinances (terms of boards, committees, commissions).

Vacancies. Vacancies shall be filled by the mayor, subject to ratification by the city council, for the unexpired term of any member whose term becomes vacant.

Removal. All members of the commission shall serve at the pleasure of the City of Mission and may be removed with or without cause upon majority vote of city council and shall comply with section 2-71 of the City's Code of Ordinances (attendance requirements). Any member may resign by submitting a letter of intent to the city council.

Election of chair and vice-chair. The chair and vice-chair of the commission shall be elected by and from members of the commission.

Compensation. Members shall serve without pay.

Quorum. Four members shall constitute a quorum for transactions of business, and no decision shall be rendered without a concurring vote of at least four members.

Regular meetings. The commission shall meet at least every other month, if business is at hand, otherwise yearly.

Special meetings. Special meetings may be called at any time by the commission chair, vice chair, or at the written request of at least three members, or upon notice from the historic preservation officer or zoning administrator that a matter requires the consideration of the commission.

Compliance with Texas Open Meetings Act. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code, as amended.

Rules of order. The commission shall follow Robert's Rules of Order or other rules of procedure as determined by the commission.

Responsibilities of the commission. The commission shall be empowered to:

Make recommendations to the city for the employment of professional consultants as necessary to carry out the duties of the commission.

Adopt parliamentary rules and procedures necessary to carry out the business of the commission.

Adopt criteria for the evaluation of significance of historic landmarks and rules for the delineation of historic district boundaries, subject to ratification by the city council.

Review and take action on the designation of historic landmarks and the delineation of historic districts, subject to ratification by the city council.

Recommend and confer recognition upon the owners of historic landmarks or properties within historic districts by means of certificates, plaques, or markers.

Review and recommend to city council and other applicable city boards and commissions all proposed changes to the zoning ordinance, building code, general plan or other adopted policies of the city that may affect the purpose of the ordinance.

Implement and maintain a system of survey or inventory of significant historic, architectural, and cultural properties or resources and all properties located within designated historic districts located in the city. Such information shall be maintained securely and made accessible to the public and should be updated at least every ten years.

Monitor and report to the Texas Historical Commission all actions affecting any recorded Texas historic landmark, state archeological landmark, national register property, and any locally designated property, as deemed necessary.

Create sub-committees from among its membership and delegate to these committees such responsibilities as necessary to carry out the purposes of this section.

Maintain written meeting minutes, which are recorded by staff and demonstrate all actions taken by the commission and the reasons for taking such actions.

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

Review and take action on all certificate of appropriateness applications.

Review and take action on all appeals on action taken by the historic preservation officer regarding the administrative review of certificate of appropriateness applications.

Develop, prepare, and adopt specific design guidelines, subject to ratification by the city council, for use in the review of all certificates of appropriateness applications.

Prepare and submit annually to the city council a report summarizing expenditures, goals and objectives, and work completed during the previous year, as well as anticipated budgetary requests.

Make recommendations to the city concerning the utilization of state, federal, or private funds to promote the preservation of historic properties within the city.

Recommend to city council the acquisition of historic properties endangered by demolition where their preservation is essential to the purpose of this section and where private preservation is not feasible.

Propose incentive program(s) to city council for the owners of historic properties

Review and take action on all city preservation-related incentive program applications involving work on historic properties, for compliance with adopted "Design Guidelines for Historic Mission, Texas" pursuant to this section.

Recommend whether to accept, on behalf of the city government, any donation of preservation easements and/or development rights, as well as any other gift of value for the purpose of historic preservation, subject to the approval of city council.

In addition to serving as representative of the commission, the officer is responsible for coordinating the city's preservation activities with those of state and federal agencies and with local, state and national non-profit preservation organizations.

Responsibilities. The HPO shall be empowered to:

Administer this section and advise the commission on matters submitted to it.

Maintain and hold open for public inspection all documents and records pertaining to the provisions of this section.

Receive and review all applications pursuant to this section to ensure their completeness.

Review and forward with any recommendations all applications for certificates of appropriateness subject to review by the commission pursuant to this section.

Ensure proper posting and noticing of all commission meetings, schedule applications for commission review, provide information packets to its members prior to the meetings, record meeting minutes, and facilitate all commission meetings.

Criteria for designation of historic properties or districts. The commission shall use criteria for evaluation of significance of an historic landmark or historic district as established by the National Park Service for use in the administration of the National Register of Historic Places. The Commission shall refer to the National Register Bulletin No. 15, "How to Apply the National Register Criteria for Evaluation", published by the National Park Service, for further guidance in the application of these criteria.

In addition, the following criteria shall be considered in determining whether historic overlay zoning should be applied to an individual property or historic district within the City of Mission boundaries:

Association with events that have made significant contribution(s) to the broad patterns of history for the City of Mission.

Association with the lives of persons significant to the City of Mission's past.

Embodiment of the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction for the City of Mission.

Archeological value, in the sense that the property has yielded, or may be likely to yield, information important in prehistory or history to the City of Mission.

Additional criteria for designation of historic districts. In addition to the general criteria listed above, the commission shall consider the following.

Where the designation is made based on the general character of the proposed historic district, these findings may include, but shall not necessarily be limited to:

Scale of buildings and structures typical of the area.

Architectural style typical of the area.

Architectural period typical of the area.

Building materials typical of the area.

Colors used in buildings typical of the area.

Signage and street furniture typical of the area.

Landscapes typical of the area.

Typical relationships of buildings to the landscapes in the area.

Typical relationships of buildings in the area to the street.

Setbacks and other physical patterns of buildings in the area.

Typical patterns of rooflines of buildings in the area.

Typical patterns of porch and entrance treatments of buildings in the area.

Where the designation is made based on the character of a limited number of specific buildings in the proposed historic district, the findings may include, but shall not necessarily be limited to:

Architectural style of the buildings.

Architectural period of the buildings.

Textures of materials used in the buildings.

Colors of the materials used in the buildings.

Rooflines of the buildings.

Porch and entrance treatments of the buildings

Height and mass of the buildings.

Relative proportions of the buildings (width to height, width to depth).

Already listed properties. Properties that, as of the date of the adoption of this section, are listed as a recorded Texas historic landmark (RTHL) or state archeological landmark (SAL), or that are listed individually or within an historic district on the national register of historic places (NR) shall automatically be considered eligible for designation as historic landmarks pursuant to this section.

The historic preservation officer shall compile a list of such properties and shall initiate an application for historic overlay zoning for each property so identified, pursuant to this section.

The commission may establish a process by which it identifies additional properties that are so recognized on the national register or by the state, either on an annual basis or as such properties are listed and that information becomes known to the commission and may direct the historic preservation officer to initiate applications for historic overlay zoning for those properties, pursuant to this section.

Designation process. These provisions pertaining to the designation of historic properties constitute a part of the comprehensive zoning plan of the city.

Owners of proposed historic properties shall be notified prior to commission hearing on the recommended designation. At the commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic property.

The procedure for a city-initiated designation of any property, structure, site or district within the City of Mission as a historic landmark or historic district shall be in compliance with section 211.0165 of the Texas Local Government Code, requiring a supermajority (¾) vote from the city's planning and zoning commission and city council.

The procedure for designating a historic landmark or to establish or amend a historic district may be initiated by the city, by the individual property owner(s), or by at least 20 percent of the residents of potential district. An application for designation shall be made on forms as prescribed by the city and shall be filed with the HPO along with any fees in accordance with the municipal fee schedule. Building, structures, sites, or areas located within the city which substantially comply with the initial commission application process may be recommended to the planning and zoning commission and city council as proposed historic landmarks or historic districts.

The application shall contain:

• For a proposed historic landmark, the name, address, telephone number of applicants, and physical address of the property.

• For a proposed historic district, the name, address, telephone number of applicants, and no more than 50 percent negative responses from owners of properties in the proposed district, where a poll has been taken, each property is counted separately, and no response is considered an affirmative response.

• Site plan of the proposed landmark property, or map indicating the geographic boundaries of the proposed district, showing all affected buildings and/or structures.

• Detailed historic description and background on the proposed landmark or proposed district.

• Current photographs of the overall property or area, along with any historical photographs, if available.

• Any other information which the HPO or commission may deem necessary.

Upon receipt of a completed designation application, the HPO shall schedule a hearing at the next available regularly scheduled commission meeting. Notice of the application shall be mailed to the property owner(s) and advertised in the official newspaper and/or posted on the property as provided for a zoning change.

A proposed historic landmark or district for which an application for designation has been received shall be protected by and subject to all the provisions of this section governing demolition, minimum maintenance standards, and penalties until a final decision by the city council becomes effective, but not to exceed 180 days.

At the hearing, the applicant shall have an opportunity to present testimony and evidence to demonstrate the historical significance or insignificance of the subject property or district. Other interested parties and technical experts may also present testimony or documentary evidence, which will become part of a record. The burden of proof shall be upon the applicant.

The commission may take action to approve, postpone requesting additional information, or deny the application. The HPO shall forward any final recommendation to the planning and zoning commission within 30 days of the hearing. Denials may be appealed directly to city council.

The planning and zoning commission shall give notice and conduct its hearing upon receipt of the recommendation from the commission. Notice for such hearing shall be in the same manner and the hearing held according to the same procedures as specifically provided in the general zoning ordinance of the city. The planning and zoning commission shall review the application to ensure that the recommended designation will not pose a conflict with the underlying land use zoning and shall forward its recommendation to the city council within 30 days after taking action on the application.

Upon receipt of the joint recommendation on the application from the commission and the planning and zoning commission, the city council shall schedule a hearing on the application within 30 days. Notice for such hearing shall be in the same manner and the hearing held according to the same procedures as specifically provided in the general zoning ordinance of the city. Significance shall be considered only on the record made before the commission and the planning and zoning commission.

Upon designation of a historic landmark or historic district by the city council, the designation shall be recorded by legal description on the city's official zoning maps, in the records of real property of Hidalgo County, Texas, and with the Hidalgo County Appraisal District office.

The applicant or any persons adversely affected by any determination of the commission may appeal the decision to the planning and zoning commission, which shall submit its determination to the city council as with all zoning matters. Appeal requests shall be on forms as prescribed by the city and shall be filed with the HPO within seven days of the commission's decision and scheduled for the next available regularly scheduled planning and zoning commission meeting. Notice for such hearing shall be in the same manner and the hearing held according to the same procedures as specifically provided in the general zoning ordinance of the city. Appeals to the planning and zoning commission shall be considered only on the record made before the commission and may only allege that the commission's decision was arbitrary, capricious or illegal.

Ordinary maintenance. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark or a property within an historic district which does not involve a change in design, material, or outward appearance that require the issuance of a building permit. In-kind repair/replacement and repainting is included in this definition of ordinary maintenance unless painting involves an exterior masonry surface that was not previously painted. The HPO shall determine what is "ordinary maintenance."

Minimum maintenance standards. No owner or person with an interest in real property designated as an historic landmark or a property located within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the commission, create a detrimental effect upon the historic character of the landmark or district.

Examples of serious disrepair or significant deterioration include:

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

Deterioration or crumbling of exterior plaster finishes, surfaces or mortars.

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

Rotting, holes, and other forms of material decay.

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the contributing structure.

Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

10.

Demolition by neglect. Demolition by neglect refers to the gradual deterioration of a property when routine or minimum maintenance is not performed. The HPO and the planning department staff shall work together in an effort to reduce demolition by neglect involving properties with historic overlay zoning. A demolition by neglect citation as determined by the commission may be issued against the owner of the property for failure to comply with the minimum maintenance standards by permitting the subject property to exhibit serious disrepair or significant deterioration as outlined in section 29.10 herein.

While the HPO will act as the point of contact, the planning department staff shall, when needed, assist with inspections. If there is a dispute between the HPO and planning department staff, the city manager shall make the final determination.

The procedure for citing a property owner for demolition by neglect shall be as follows:

Initial identification is made by visual inspection of the area by the HPO or a commission member or by referral from someone in the area. All referrals shall be made in writing and shall be submitted to the HPO.

(1)

Once the initial identification is made, followed by a preliminary determination by the HPO, the property owner shall be notified by U.S. mail of the defects of the building and informed of any incentive programs that may be available for repair. The owner shall be given 30 days in which to respond to the preliminary determination by submitting a stabilization proposal to the HPO. The stabilization proposal will be presented to the commission at the next available meeting. If the commission approves the proposal, a certificate of appropriateness (if necessary) may be issued administratively by the HPO. The approval will detail the specific work that is necessary to correct the demolition by neglect conditions, as well as a time period to begin and complete the work. The HPO shall update the commission on the status of the property every 30 days, once work begins on the property.

(2)

If the property owner receives the letter regarding the preliminary determination, but fails to respond, a second notice shall be sent in the same manner as described above.

(3)

If the property owner fails to receive and/or respond to the letter regarding the preliminary determination after two attempts, the matter returns to the commission for a citation hearing. The HPO shall send a third notice via certified mail informing the owner of the hearing, the property shall be posted with a notice of the violation in accordance with the provisions of this section, and a public hearing on the citation shall be scheduled.

(4)

At the public hearing, the owner will be invited to address the commission's concerns and to show cause why a citation should not be issued. The commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies or make a proposal for stabilization, or issue a citation to the owner of the property for failure to correct the demolition by neglect conditions.

(5)

If the owner is cited for the condition of demolition by neglect of the property, he shall be given 14 days to submit a stabilization proposal to the HPO, and at the discretion of the commission, up to one year to correct the defects. The HPO shall update the commission on the status of the property every 30 days once work begins on the property.

(6)

If the owner does not respond with a stabilization proposal, the matter shall be turned over to the city attorney's office for recommendation to the city council for legal action.

The city may create programs, or enter into partnerships with local non-profit organizations, to assist low-income and/or elderly homeowners with maintenance.

11.

Certificates of appropriateness.

Applicability. A certificate of appropriateness shall be required in the following circumstances before the commencement of development within or work upon any property with historic overlay zoning:

(1)

Whenever such work or development requires a building permit or certificate of zoning compliance issued by the city.

(2)

Whenever such work includes the erection, moving, demolition, reconstruction, restoration, or alteration of the exterior of a property with historic overlay zoning, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in section 29.3, definitions.

Certificate of appropriateness required. No building permit shall be issued by the building official for any property with historic overlay zoning until the application for such permit has been reviewed and a certificate of appropriateness has been approved by the HPO or the commission.

Procedures.

(1)

After an application for a certificate of appropriateness is submitted, the HPO shall determine whether the application shall be eligible for administrative review or the application shall be considered by the commission.

(2)

An application shall be eligible for administrative review by the HPO for the following:

Paint colors for the exterior of a structure including siding, trim, doors, steps, porches, railings, and window frames. This shall not include painting or otherwise coating previously unpainted masonry;

The placement and screening, if necessary, of roof-mounted equipment and other mechanical equipment of various types;

The placement and design of screening treatments for trash and recycling receptacles;

Fences to be installed in the rear and/or side yard;

Ground lighting;

Elements attached to a facade of any building, garage or carriage house including, but not limited to door hardware, hinges, mailboxes, light fixtures, sign brackets, street address signage and historic interpretive signage;

Replacing roofing materials or color on a flat roof that will not be visible from the ground or from immediately adjacent taller buildings;

Gutters and downspouts;

Installation or removal of landscaping, including trees;

Accessibility ramps;

Changes to awning fabric color for an existing awning;

Landscape elements, including but not limited to walks, paving, benches, outdoor furniture, planters, pools, trellises, arbors and gazebos;

Installation of any elements required by other codes such as emergency lighting;

Modifications that are considered non-permanent such as, but not limited to, window films and temporary features to weatherize or stabilize a historic resource;

Minor modifications to an existing certificate of appropriateness that still meets the intent of the original approval;

Renewal of an expired certificate of appropriateness.

(3)

If an application for administrative review is approved or approved with conditions, the HPO shall issue a certificate of appropriateness pursuant to section d. below.

(4)

If the HPO: forwards the application to the commission because it does not meet the criteria in subsection (2) above, does not act on the application within ten business days of receipt of the complete application, disapproves the application, or the applicant wishes to appeal the administrative decision or associated conditions of the certificate of appropriateness application, the commission shall consider the application. An appeal to an administrative decision shall be filed with the commission within ten business days of said decision.

(5)

If an application is to be considered by the commission, the HPO shall inform the applicant of the meeting date at which the application shall be considered. The applicant shall have the right to be heard and may be accompanied or represented by counsel and/or one or more construction or design professionals at the meeting.

(6)

The HPO shall review the application and make a recommendation to the commission during the meeting at which the application shall be considered.

(7)

After hearing the applicant and any other interested parties, and considering the recommendation from the HPO, the commission shall take one of the following actions:

Approve the proposed work or development and issue a certificate of appropriateness.

Approve the proposed work or development with conditions and issue a conditional certificate of appropriateness.

Disapprove the certificate of appropriateness.

(8)

In the case of the disapproval of a certificate of appropriateness by the commission, the commission shall state in writing the reasons for such disapproval and may include suggestions in regard to actions the applicant might take to secure the approval of the commission concerning future issuance of a certificate of appropriateness.

Certificate.

(1)

It shall be the responsibility of the HPO to issue the actual certificate of appropriateness following administrative approval or approval by the commission with any designated conditions, and to maintain a copy of the certificate of appropriateness, together with the proposed plans. These shall be public documents for all purposes.

(2)

Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the building official to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the building official shall issue a stop work order and/or citation as prescribed by ordinance. The commission may request that the building official inspect the work and issue a stop work order.

(e)

Criteria. The HPO or the commission shall determine whether to grant a certificate of appropriateness based on the following criteria:

(1)

The effect of the proposed change upon the general historic, cultural and architectural nature of the historic property or historic district;

(2)

The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley or walkway; and

(3)

The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in the historic district, contrast or other relation of such factors to other buildings or structures built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical and cultural values.

(f)

Guidelines. In all of its determinations of architectural appropriateness and historical integrity in the design and construction of historic properties or signs, the HPO or the commission shall use the most recent edition of the book entitled, "The Secretary of the Interior's Standards for the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconstructing Historic Buildings", attached hereto as exhibit "A" for reference, or any future publication which replaces this book, and the following criteria as guidelines:

(1)

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration, or to use a property for its originally intended purpose.

(2)

The distinguishing original qualities or character of a historic property and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(3)

All historic properties shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

(4)

Changes that may have taken place in the course of time are evidence of the history and development of an historic property and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(5)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a historic property shall be treated with sensitivity.

(6)

Weakened architectural features that are found in kind are to be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other properties.

(7)

Surface cleaning shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken without approval from the historic preservation commission.

(8)

Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.

(9)

Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and when such design is compatible with the size, scale, color, material, a character of the property, neighborhood or environment. Wherever possible, new additions or alterations shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the historic property would be unimpaired.

(g)

Supplemental guidelines. The HPO or the commission may develop, and the city council may approve, such supplemental guidelines as it may find necessary to implement the regulations of historic overlay zoning or the findings applicable to the designation of a particular historic property. Such guidelines may include, but are not limited to the following:

(1)

Charts or samples of acceptable materials for siding, foundations, roofs, or other parts of buildings;

(2)

Illustrations of appropriate architectural details;

(3)

Specifications of appropriate relationships to streets, sidewalks, other structures, and buildings;

(4)

Illustrations of appropriate porch treatments or entrances; or

(5)

Illustrations of appropriate signage or street furniture.

(h)

Certificate of appropriateness for demolition.

(1)

Certificate required. No historic property shall be demolished or removed unless such demolition shall be approved by the commission and a certificate of appropriateness for such demolition shall be granted.

(2)

Procedure.

The procedure for issuance of a certificate of appropriateness for demolition shall be the same as for the issuance of other certificates of appropriateness with the following modification.

After the hearing, the commission may approve the certificate of appropriateness, thereby authorizing the demolition, or the commission may disapprove the certificate of appropriateness and postpone the demolition or removal for a period of 120 days. The purpose of such a postponement would be to allow the commission and any interested parties to explore alternatives to demolition.

The commission may extend the postponement period for an additional 60 days in order to enable the completion of ongoing negotiations.

Notwithstanding any provision of this section, the city council reserves the right to prohibit the demolition of a landmark structure protected by this section with four affirmative votes. In all cases, such requests shall comply with section 211.0165 of the Texas Local Government Code, as may be amended from time to time.

(3)

Supplemental demolition criteria. In determining whether to issue a certificate of appropriateness for demolition, the commission, and, on appeal, the city council, shall consider the following criteria, in addition to the criteria specified in this section:

The uniqueness of the property as a representative type or style of architecture, historic association, or other element of the original designation criteria applicable to such structure or tract.

The condition of the property from the standpoint of structural integrity and the extent of work necessary to stabilize the property.

The economically viable alternatives available to the demolition applicant, including:

(i)

Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and facade easement.

(ii)

The possibility of sale of the property, or any part thereof, to a prospective purchaser capable of preserving such property.

(iii)

The potential of the property for renovation and its potential for continuing use.

(iv)

The potential of the property for rezoning in an effort to render such property more compatible with the physical potential of the property. The ability of the property to produce a reasonable economic return on investment for its owner; provided, however, that this factor shall not have exclusive control and effect but shall be considered along with all other criteria contained in this section.

Certificate of appropriateness for relocation.

(1)

Certificate required. No historic resource shall be relocated unless such relocation shall be approved by the commission and a certificate of appropriateness for such relocation shall be granted. For the purposes of this subsection concerning relocation, the term "historic resource" shall be used to describe an individual building, structure, or object designated according to the procedures in section 29.8.

(2)

Procedure. The procedure for issuance of a certificate of appropriateness for relocation shall be the same as for the issuance of other certificates of appropriateness with the following additions.

If the historic resource is a Recorded Texas Historical Landmark or listed on the National Register of Historic Places, the applicant shall be required to notify the appropriate party at the Texas Historical Commission and receive a response in writing, prior to submitting an application for the relocation to the Historic Preservation Commission.

Documentation shall be provided to the Commission at the time of application for a certificate of appropriateness that provides the following information:

(i)

Overview of the proposed relocation of the historic resource, including:

(A)

Reasons for relocating the historic resource; and

(B)

Reasons for selection of destination site.

(ii)

Photographs, which document all aspects of the historic resource. Requirements for photographs shall be provided by the commission. At a minimum, photographs provided by the applicant shall include but are not limited to:

(A)

Each elevation of the building;

(B)

Street view;

(C)

All prominent architectural features; and

(D)

Any additional accessory buildings that also have historic overlay zoning, showing how they relate o the primary structure.

(E)

Requirements for photographs shall be maintained and provided by the commission.

(iii)

Site plan of historic resource in current location.

(iv)

Site plan of historic resource in new location.

Public notices of the proposed relocation shall be required as follows:

(i)

Signed notice. Within five business days of receipt of an application for a certificate of appropriateness for relocation, the city shall post a sign showing notice of the application on the originating location and on the proposed destination location, for the purpose of notifying the public of the proposed relocation.

(ii)

Mailed notice.

(A)

Ten business days prior to the commission meeting when the application will be heard, written notices shall be mailed to each owner, as indicated by the most recently approved city tax roll, of real property within 300 feet of the existing property with the resource proposed for relocation and 300 feet of the proposed new location. Notice may be served by its deposit in the U.S. Mail in the city, properly addressed with postage paid.

(B)

Mailed notices shall contain at least the following specific information:

The general location of land that is the subject of the application and/or a location map;

ii.

The legal description or street address;

iii.

The substance of the application;

iv.

The time, date and location of the historic preservation commission meeting;

A phone number to contact the city; and

vi.

A statement that interested parties may appear at the hearing.

When a historic resource is relocated to a new site, the historic resource shall retain the historic overlay and therefore continue to be subject to the requirements of a certificate of appropriateness.

(3)

Supplemental relocation criteria. In determining whether to issue a certificate of appropriateness for relocation, the commission, and, if necessary, on appeal, the city council, shall consider the following criteria, in addition to the criteria specified in this subsection

The historic resource is imminently threatened by demolition or removal of historic overlay zoning.

Reasonable alternatives have been examined to mitigate the threat to the historic resource, in lieu of relocation. Alternatives may include, but are not limited to:

(i)

Modification of the proposed project affecting the historic resource to avoid its impact on the location of the historic resource.

(ii)

Incorporation of the historic resource, in its entirety, into the proposed project that would affect the location of the historic resource.

When relocated, the historic resource shall remain in the City of Mission.

The structural condition of the historic resource has been examined so that it has been determined that the historic resource may be moved and that damage to the historic resource which would result from the move can be minimized. Stabilization of the historic resource prior to and/or during the move may be required.

A new location for the historic resource has been determined that would be compatible with the architectural aspects of the historic resource, to the extent possible. Consideration shall include the review of all of the following:

(i)

Size of the resource and destination lot;

(ii)

Massing;

(iii)

Architectural style;

(iv)

Review of all adopted design guidelines by the commission in determining compatibility; and

(v)

Other historic resources, which are not the primary resource on the site, but are historically associated with the primary resource, also should be relocated, if possible, and may be considered for relocation with the primary resource on the same certificate of appropriateness.

Any historic resource relocated pursuant to this section shall be required to conform to any siting conditions at the new location. These siting conditions shall include, but are not limited to, setback requirements, structural alteration requirements such as enclosed parking requirements, and architectural requirements such as exterior finishes and orientation.

The applicant agrees to the following additional conditions of the certificate of appropriateness:

(i)

The historic resource shall be secured from vandalism and other damage for the time that it remains vacant as a result of the relocation process.

(ii)

The applicant shall be required to display a plaque, provided and paid for by the city, which documents the historic resource's original location, date of relocation, and reason for relocation.

(iii)

The historic overlay shall convey with the historic resource to its new location.

(iv)

The historic overlay shall be removed from the originating property, unless one of the following applies:

(A)

The property is located within an historic district; or

(B)

Only an accessory structure has been moved and the primary structure on the site remains; or

(C)

The site itself is historically significant.

(v)

The city may apply the historic overlay to the destination lot(s), by following the procedures for applying historic overlay in section 29.8 of the code. If the historic resource is being moved into an already designated historic district, the historic overlay shall remain and apply to the destination lot or lot(s).

(vi)

The applicant shall provide photographs to the HPO of the relocated historic resource once relocation is complete.

(vii)

Information regarding the relocation shall be filed in the appropriate city and county records.

(4)

Fee waivers. If a certificate of appropriateness for relocation has been approved by the commission, the following fees shall be waived:

Building moving and permits fees.

Notice requirement fees.

Appeals. Appeals of certificate of appropriateness decisions made by the commission shall be made within 15 days to the city council.

12.

Economic hardship. No certificate of appropriateness for demolition involving a claim of economic hardship may be approved, nor shall a demolition permit be issued by the city unless the owner proves compliance with the following standards for economic hardship:

(1)

The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible; and

(2)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

(3)

Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed; and

(4)

The property cannot be moved or relocated to another site similar site or within the district.

The city shall adopt by resolution separate criteria for review in considering claims of economic hardship for investment for income-producing and non-income-producing properties, as recommended by the commission. Non-income properties shall consist of owner-occupied single family dwellings and non-income-producing institutional properties. All standards for review shall be made available to the owner prior to the hearing. The information to be considered by the city may include, but not be limited to, the following:

(1)

Purchase date price and financing arrangements.

(2)

Current market value.

(3)

Form of ownership.

(4)

Type of occupancy.

(5)

Cost estimates of demolition and post demolition plans for development.

(6)

Maintenance and operating costs.

(7)

Inspection report by licensed architect or structural engineer having experience working with historic properties.

(8)

Costs and engineering feasibility for rehabilitation.

(9)

Property tax information.

(10)

Rental rates and gross income from the property.

(11)

Other additional information as deemed appropriate.

Claims of economic hardship by the owner shall not be based on conditions resulting from:

(1)

Evidence of demolition by neglect or other willful and negligent acts by the owner.

(2)

Purchasing the property for substantially more than market value at the time of purchase.

(3)

Failure to perform normal maintenance and repairs.

(4)

Failure to diligently solicit and retain tenants.

(5)

Failure to provide normal tenant improvements.

Throughout the process, the applicant shall consult in good faith with the HPO, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be demonstrated to the commission at the hearing.

13.

Enforcement. All work performed pursuant to a certificate of appropriateness issued under this section shall conform to any requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. If work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the commission and verification by the HPO, the building inspector shall issue a stop work order and all work shall immediately cease. The property owner shall then be required to apply for a hearing before the commission to explain the non-compliance. No further work shall be undertaken on the project if a stop work order is in effect until a decision is rendered by the commission on the application.

14.

Penalties. It shall be unlawful to construct reconstruct, significantly alter, restore, or demolish any building or structure designated with historic overlay zoning in violation of the provisions of this section. The city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful construction, reconstruction, significant alteration, or demolition to restrain, correct, or abate such violation or to prevent any illegal act, business, or maintenance in and about such premises, including acquisition of the property.

Any person, firm, or corporation violating any provision of this section shall be guilty of a class C misdemeanor, punishable by a fine of not less than $250.00 or more than $2,000.00. Each day the violation continues shall be considered a separate offence. Such remedy under this section is in addition to any abatement restitution.

(Ord. No. 5035, 6-14-2021; Ord. No. 5349, § 2, 7-24-2023)