On a corner lot or parcel nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersection streets in the area bounded by the property lines of such corner lot or parcel and a line joining points along said property lines 25 feet minimum from the point of the intersection.

A.

Accessory buildings and structures shall be allowed in the residentially zoned areas R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2 and MH, in accordance with the terms and provisions of this section.

1.

Number. Excepting the accessory buildings and structures permitted in paragraph B, no more than one accessory building shall be allowed for each dwelling unit on each residential lot.

2.

Height. The height of such accessory building may not exceed six feet.

3.

Area. The total square footage of such accessory building may not exceed 80 square feet in area.

4.

Setback. The accessory building shall be located behind the principal structure, but shall not obstruct required side yard access.

5.

Screening. The rear of the lot upon which the accessory building is located shall be completely enclosed by an opaque wall or fence of a minimum height of six feet.

B.

Exceptions:

1.

Accessory structures, such as lawn decks, gazebos, children's play equipment, small animal shelters of a maximum height of five feet, trellises, and similar structures not used for storage, shall not be subject to the requirements set forth in subsection A above; however, such accessory structures shall be located behind the principal structures, but shall not obstruct required side yard access.

2.

Basketball goals shall not be subject to the requirements set forth in subsection A above; except that such basketball goals shall not obstruct side yard access, shall not be located on a public street nor in the public right-of-way; and shall be maintained in good condition.

3.

The following accessory structures shall not be subject to the requirements set forth in subsection A above but shall be subject to the setback requirements for garages as set forth in section 7:

a.

Garages.

b.

Noncommercial greenhouses used for the propagation of plants and which are constructed primarily of glass, but also may be constructed of metal, wood or masonry as needed.

c.

Swimming pool houses, which are constructed of the same material and design as the structure to which it is an accessory use.

d.

Barns on lots no smaller than 20,000 square feet in area.

C.

Any accessory structure requiring a permanent foundation or subsurface mooring shall not be placed in any utility easement.

(Ord. No. O-03-22, § 3, 7-21-2003; Ord. No. O-25-13, § 2, 8-4-2025)

Unless otherwise specifically provided in this ordinance, in any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

Uses listed in this section 9.4. shall be exempt from the height limitations contained in the schedule of district regulations and shall be limited as designated herein.

A.

Chimneys, cooling towers, elevator bulkheads, tanks, water towers, antennaes used for reception only, ornamental cupolas, domes and parapet walls shall be subject to the height limitations contained in this subsection.

1.

For structures attached to buildings, the lesser of:

(a)

Not more than ten feet above the point on the main building to which the structure is attached; or

(b)

Not more than ten feet above the maximum height limit for the district in which the structure is located.

2.

For freestanding structures, not more than ten feet above the maximum height limit for the district in which the structure is located.

B.

Steeples, spires and bell towers shall be subject to the height limitations contained in this subsection. Maximum height shall be measured from ground level.

1.

For structures attached to buildings, not more than two times the height of the point on the building to which the steeple or spire structure is attached.

2.

For freestanding structures, not more than ten feet above the maximum height limit for the district in which the structure is located.

(Ord. No. O-00-25, § 3, 5-15-2000

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

A.

Definitions. For purposes of these regulations, major recreational or utility equipment is defined as including boats and boat trailers, travel trailers, motorized dwellings, trailers, including, but not limited to, tent trailers, horse trailers, and utility trailers, and cases or boxes used for transporting recreational equipment, whether or not equipment is stored in such case or box.

B.

Storage. No major recreational or utility equipment shall be parked or stored in a residential district except as follows:

1.

Enclosed storage in single-family and condominium developments. Storage of major recreational or utility equipment shall be permitted if in a garage or other enclosed building or enclosed structure. Any such garage, building or structure must be constructed:

a.

In accordance with a building permit;

b.

With similar materials, proportions of materials, colors, style and design as the primary structure on the lot;

c.

Located on a concrete slab capable of withstanding the weight of the major recreational or utility equipment; and

d.

Be served by a concrete driveway.

2.

Enclosed storage in multifamily developments. Storage of boats and recreational vehicles shall be permitted only if such boats and recreational vehicles are owned by residents, and if they are stored within the interior of a fully-enclosed structure constructed with similar materials, colors, style, and design as the primary structure on the lot.

3.

Outside storage. Except in multifamily developments, outside storage of major recreational or utility equipment shall be permitted if said equipment is:

a.

Behind the principal structure;

b.

Within a side or rear yard which is fenced and screened;

c.

Not obstructing required side yard access;

d.

Not visible from adjacent properties when viewed from a height of six feet above ground level; and

e.

Parked on a hard surface, as provided in subsection 12.2.J of the City of Missouri City Zoning Ordinance.

C.

Exceptions.

1.

Such equipment may be temporarily parked or stored in a residential district for no more than three consecutive days or portions of days.

2.

One piece of major recreational or utility equipment owned by an out-of-town guest may be temporarily parked, stored and used at an occupied residence by permit only and for a maximum period not to exceed ten consecutive days. A maximum of three such permits shall be issued per 12-month period per occupied residence.

D.

Prohibited use. No recreational or utility equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use, unless such equipment is permitted as provided in [sub]section 9.6.C.2.

E.

Exemptions. Residential tracts or lots with square footage of at least one acre shall be exempt from section 9.6 of the city's zoning ordinance, provided that recreational or utility equipment maintained on such lots is registered to temporary or permanent residents of the property on which such equipment is located and that no more than seven pieces of such equipment may be parked or stored on any such tract or lot at any given time. Such equipment must be stored behind the building line.

(Ord. No. O-03-04, § 3, adopted Feb. 3, 2003; Ord. No. O-04-56, § 14, 12-20-2004; Ord. No. O-20-20, § 3, 5-18-2020)

A.

Stopping, standing, parking prohibited. Unless exempted by paragraph B below, it shall be unlawful for any person to stop, stand or park a vehicle with a gross vehicle weight rating in excess of 9,000 pounds in an R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2, CF, PD, SD, LC-1, LC-2 or LC-3 zoning district.

B.

Exceptions.

1.

Governmental vehicles and machinery are exempted from the provisions of this subsection.

2.

Private construction vehicles and machines in use during a normal and customary period of construction are also exempted from the provisions of this subsection.

3.

Vehicles which are owned, leased or rented by the owner or occupant of a premises zoned specific use or within a CF, PD, SD, LC-1, LC-2 or LC-3 zoning district may be stopped, left standing or parked on such premises, provided such vehicle is customarily and incidentally used in association with the primary lawful use of such premises.

4.

Major recreational equipment in a residential district is exempt from the provisions of this subsection and is regulated under section 9.6 hereof.

C.

Definitions. For purposes of this subsection, the following definitions shall apply:

1.

Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.

2.

Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

3.

Stop or stopping means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

4.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway, except devices used exclusively upon stationary rails or tracks.

D.

Responsible party. It shall be unlawful for any person having registered in his name or owning or operating or having in his charge any vehicle with a gross vehicle weight rating in excess of 9,000 pounds knowingly to allow or suffer or permit the same to stop, stand or be parked in the city in violation of any of the provisions of this subsection. Furthermore, it shall be unlawful for any person who is the owner or occupant of a premises within the city to knowingly allow or suffer or permit the parking, stopping or standing of any vehicle with a gross vehicle weight rating in excess of 9,000 pounds in violation of any of the provisions of this subsection.

E.

Presumption of illegal stopping, standing or parking by owner. When any person is charged with having stopped, parked or left standing a vehicle with a gross vehicle weight rating in excess of 9,000 pounds anywhere in the city where same is prohibited under this subsection, proof that the vehicle was, at the date of the offense alleged, owned by the person charged with the offense shall constitute prima facie evidence that the vehicle was stopped, parked or left standing at such place by the owner; provided, however, the owner shall have the right to introduce evidence to show that such vehicle was not stopped, parked, or left standing by him as charged in the complaint.

F.

[Conflicting regulations.] In the event any clause, phrase, provision, sentence or any part thereof of this subsection conflicts with any other city ordinance, applicable state or federal law, the stricter shall apply.

(Ord. No. O-88-42, § 2, 11-21-1988; Ord. No. O-98-10, § 32, 3-2-1998)

A.

At least one garage with square footage sufficient to house a minimum of two seven-foot by 18-foot automobiles in addition to normal yard maintenance equipment shall be provided for each dwelling unit other than condominium and multifamily dwelling units.

B.

Garages for condominium units shall be as set forth in section 7A.2.D.17 of this appendix.

C.

Garages for multifamily developments shall be as set forth in section 7A.2.D.18 of this appendix.

D.

Driveways to garages shall be surfaced with material that is at least similar in quality to the street to which it is connected.

(Ord. No. O-89-39, § 4, 11-20-1989; Ord. No. O-98-10, § 33, 3-2-1998; Ord. No. O-04-56, § 15, 12-20-2004; Ord. No. O-05-15, § 7, 4-18-2005; Ord. No. O-05-32, § 8, 7-18-2005)

A.

Model home sales office site. A model home sales office site which complies with the following conditions and criteria is a permitted use in an SD, R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2 or MH residential district:

1.

A builder constructing homes in a platted section of a subdivision is entitled to only one model home sales office site in such section of the subdivision.

2.

A model home sales office site shall be no larger than six contiguous lots or no larger than one acre, whichever is less.

3.

The use of the land as a model home sales office site shall be of a duration of three years or until the use of the land as a model home sales office site has been abandoned, whichever occurs first. In determining the lapse of time herein, commencement of the use of the land as a model home sales office site shall begin as of the date the first occupancy permit is issued by the city for any building or buildings (including a construction trailer) located on the model home sales office site.

4.

A construction trailer may be located on the model home sales office site, for a period of time not to exceed six months.

5.

Twenty-six square feet of signage shall be permitted for the first building plus two square feet of signage shall be allowed for each additional building constructed on the model home sales office site. No sign shall be larger than 24 square feet. The signage shall meet applicable provisions of section 13 of the zoning ordinance, including, but not limited to, area, height, location and configuration.

Model home sales office site directional signs shall be permitted provided that they meet the guidelines set forth in section 13.6.A.4.b of the zoning ordinance.

6.

Off-street parking shall not be permitted.

7.

Model home sales office site shall not be permitted to front on a major thoroughfare as identified in "The Major Thoroughfare Plan."

8.

Exterior lighting shall be limited to low level incandescent spotlights, floodlights, and similar illuminating devices and such shall be installed, hooded, regulated, and maintained by the owner or person in control thereof in such manner that the direct beam of any such light will not glare upon any lot, tract, or parcel of land other than that upon which it is situated.

9.

Landscaping, such as special fencing, berming and other landscaping applications, shall be allowed that is similar in type, size, amount and scale to the residential district in which the temporary sales office site is located.

10.

A maximum of two flagpoles will be allowed provided the flags will be removed when the model home sales office site on which the flagpoles are located is no longer used as such. The relationship between the flag area and flagpole height shall be in accordance with the latest edition of Architectural Graphics Standards, provided that the flagpole base shall be installed at normal approved grade and, in any event, the flagpole shall not exceed 35 feet in height.

11.

The building or buildings located on the model home sales office site shall be similar in style, size, color and architecture to other residential buildings for the section of the subdivision. Upon expiration of the use of the land as a model home sales office site pursuant to subsection 9.9.A.3 herein, all special features of the model home sales office site, including, but not limited to, signage, fencing, lighting, flagpoles, etc., shall be removed and those items such as driveways, sidewalks, garages, and any other items needed to make the model home sales office site compatible with the other homes in the section of the subdivision shall be added or installed.

B.

Specific use permit required. In the event a model home sales office site which is located in an SD, R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2 or MH district does not meet the conditions set forth in subsection 9.9.A.1 through 11, said use may be permitted upon application and approval for a specific use permit obtained in accordance with section 15 hereof.

(Ord. No. O-90-4, § 5, 3-5-1990; Ord. No. O-97-13, § 3, 5-5-1997; Ord. No. O-98-10, § 34, 3-2-1998)

A.

General. Special events which make use of property in a manner that deviates from the normal, routine or lawful use of same and for the purposes outlined below are encouraged.

1.

Special events held by, or on behalf of, a charitable, civic or nonprofit organization for the purpose of raising money or providing other benefits to the citizens of Missouri City are allowed in all zoning districts, provided they meet the requirements of this section.

2.

Except as set forth in paragraph 3 below, special events held by a business or profit-making organization, or group of businesses or organizations, to promote that business or organization are allowed on the site of one or more of the participating businesses or organizations.

3.

Special events in a residential subdivision or larger residential development held by the land developer(s) or homebuilder(s) of that subdivision or development to promote home sales or otherwise ensure the success of the development or neighborhood are allowed in all zoning districts.

B.

Prerequisites. Such special events are allowed upon application and issuance of a permit and upon city council approval. However city council approval shall not be a prerequisite to the issuing of a permit provided applicant complies with the following:

1.

Frequency.

a.

Special events shall occur no more frequently than every six months on subject property.

b.

Exceptions:

(1)

Any special event held on the subject property and sponsored by the city shall not affect the frequency with which other special events may be held on the same site.

(2)

Any special event held by, or on behalf of, a charitable or nonprofit organization, as permitted under subsection 9.10.A.1, above, shall not affect the frequency with which special events may be held on the same site by businesses or profit-making organizations, as permitted under subsections 9.10.A.2 and 9.10.A.3 above.

2.

Duration. Events shall be conducted for a period not to exceed two weeks per special event, exclusive of advertising.

3.

Parking and access. Sponsors of special events shall ensure adequate parking based on the projected number of attendees. Access shall be planned to provide reasonable traffic flow with a minimum amount of congestion.

4.

Safety. Sponsors shall provide appropriate security and supervision for the special event. The use of rights-of-way is prohibited unless expressly approved by city council.

5.

Signs. See section 13.8 herein.

C.

Exceptions. Ticket sales, bake sales, and similar small special events that are of short duration are allowed in all zoning districts and are exempt from getting city approval through the permitting process set forth herein.

(Ord. No. O-95-27, § 4, 7-17-1995; Ord. No. O-96-03, § 3, 2-5-1996)

A sexually oriented business cannot locate within 1,500 feet of an existing residential district, church, school, public park, or another sexually oriented business. Distances are measured in a straight line without regard to intervening structures or objects from the nearest point on the premises of the sexually oriented business to the nearest point on the premises of any other sexually oriented business, residential district, church, school, or public park. A violation of this subsection is a class A misdemeanor as provided by V.T.C.A., Local Government Code ch. 243.

(Ord. No. O-03-44, § 6, 12-15-2003)

A.

In general.

1.

Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

2.

Industrialized housing does not include:

(a)

A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof; or

(b)

Housing constructed of a sectional or panelized system that does not use a modular component; or

(c)

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

B.

Regulations. Industrialized housing must comply with the following standards:

1.

Each proposed industrialized dwelling unit must have a taxable value, after installation of the housing, equal to or greater than the median taxable value of each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located. Determination of taxable values shall be based upon the most recent certified tax appraisal roll for the county in which the properties are located; and

2.

Each industrial dwelling unit must have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; and

3.

Each industrialized dwelling unit must be securely fixed to a permanent foundation; and

4.

Each industrialized dwelling unit must comply with the City Code of Ordinances, the city zoning ordinance, and all applicable building, fire and related codes.

(Ord. No. O-04-02, § 5, 1-20-2004)

A.

Site plan review required. An applicant for a proposed child care facility shall submit to the director of development services a child care facility site plan review application in accordance with this section. The director of development services shall review each child care facility site plan review application to ensure compliance with this section.

B.

Application requirements. An application for a child care facility site plan review shall include, at a minimum, the following information:

1.

Proposed hours and days of operation;

2.

Proposed number of children and age groups to be served by the facility;

3.

Proposed number of employees;

4.

Proposed maximum number of children and employees that will be at the facility at any one time;

5.

Types of activities or services to be provided; and

6.

A site plan indicating the location, design and details of the proposed facility, including parking areas, child drop-off areas, loading areas and outdoor activity areas.

C.

Regulations applicable to all child care facilities.

1.

State regulations. Each child care facility shall comply with the applicable regulations set forth in Title 40, Texas Administrative Code, Chapters 746 and 747.

2.

Location. A child care facility shall not be operated in a shopping center or an integrated business development.

3.

Outdoor activity area. Each child care facility shall provide an outdoor activity area. Each outdoor activity area shall comply with the following:

a.

Except as otherwise provided in this section, an outdoor activity area shall be located immediately adjacent to the indoor facility without any intervening area designed or used for vehicular traffic.

b.

Except as otherwise provided in this section, the outdoor activity area shall be located to the side or rear of the building.

c.

Except as otherwise provided in this section, the design and construction of an outdoor activity area located adjacent to a roadway, driveway, or other vehicular access area accessible to the public shall incorporate bollards or other devices into the fence or enclosure adjacent to the roadway, driveway, or vehicular access area designed and sufficient to prevent entry of a vehicle into the outdoor activity area.

d.

Except as otherwise provided in this section, the outdoor activity area shall be fully enclosed by a minimum eight-foot fence and/or portion of a building wall. Such fencing shall comply with the provisions of section 9.14 hereof. The use of chain link fencing is prohibited.

D.

Regulations applicable only to child care homes.

1.

Location. A child care home may only be operated in the residence of the caregiver, owner or operator of the facility.

2.

Outdoor activity area. If a child care home is located in a residentially-zoned district, up to one-half of the required outdoor activity area may be provided at an off-site public or private park, provided that such use is allowed in such park; provided the use of the park otherwise complies with Title 40, Texas Administrative Code, Chapter 746 or 747, as applicable; and provided:

a.

The park is located no more than 100 feet from the child care home; and

b.

Access to such park from the child care home does not require crossing any public or private roadway.

3.

Child care home as permissible home occupation. Notwithstanding any regulation contained in section 9.16 hereof to the contrary, a child care home is a permissible home occupation.

E.

Application fees. An applicant for a child care facility site plan review shall pay, at the time of application, in addition to any other required fees, a child care home site plan review fee or a child care center site plan review fee, as applicable, in the amount specified in a resolution adopted by the city council adopting a schedule of fees.

(Ord. No. O-10-41, § 4, 10-18-2010)

Solid waste or a solid waste receptacle not placed for collection shall be located inside of a building or in a trash disposal area. Trash disposal areas shall be allowed in all districts according to the rules contained herein.

A.

Screening.

1.

Residential zones. A trash disposal area shall be screened from view from public or private roadways when viewed from a height of six feet above ground level. If screened by fencing, such fencing shall comply with the fencing standards set forth in section 14 of the City of Missouri City Zoning Ordinance, as applicable.

2.

Nonresidential zones. Trash disposal areas shall be screened by masonry enclosures at a minimum height that is one foot taller than the solid waste or the solid waste receptacle enclosed by such screening. Such masonry enclosures must consist of the colors approved for the principal building, and must have an opaque metal gate in a color either matching that of the enclosure or of an approved trim color.

B.

Maintenance. Trash disposal areas, including solid waste receptacles located in such areas and any screening therefor, shall be maintained in good condition and repair.

C.

Dumpsters prohibited. In SD, R, R-1, R-1-A, R-2, R-3, R-4, and LC districts, dumpsters shall be prohibited.

D.

Trash disposal area location. In SD, R, R-1, R-1-A, R-2, R-3, R-4, LC, LC-O, LC-1, LC-2, LC-3, LC-4, I, and CF districts, trash disposal areas shall be located to the side or rear of the property unless located inside of a building.

E.

Affirmative defenses.

1.

It is an affirmative defense to prosecution under subsection 9.14.A.1 that the trash disposal area is located:

a.

To the rear of a primary residence; or

b.

To the side of a primary residence provided that the residence is located in a subdivision in which a majority of the lots of record have an area of one or more acres and no more than three solid waste receptacles are visible from public or private roadways when viewed from a height of six feet above ground level.

2.

It is an affirmative defense to prosecution under subsections 9.14.A, 9.14.C and 9.14.D that a dumpster or trash disposal area, as applicable, directly serves a permitted construction project during the term of such permit.

(Ord. No. O-08-39, § 50, 7-21-2008; Ord. No. O-12-13, § 5, 5-21-2012; Ord. No. O-12-13, § 5, 5-21-2012)

Portable storage units shall be located in SD, R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2 and MH districts according to the rules contained herein.

A.

Permit.

1.

Permit required. No portable storage unit shall be placed on property without a permit approved by the director of planning.

2.

Application. Persons or entities desiring to place portable storage units on a property shall make written application for a permit on a form provided by the city. Such application shall include the dimensions of the portable storage unit to be placed, the location of the placement of the portable storage unit, and any other information as shall be deemed necessary by the director of planning.

3.

Fee. Applicants for a portable storage unit permit shall pay an application fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees.

B.

Size. No portable storage unit shall have an exterior dimension that exceeds any of the following: nine feet in width, or 20 feet in length.

C.

Location.

1.

A portable storage unit shall be placed entirely on a flat paved surface.

2.

A portable storage unit shall not be placed in a utility easement.

3.

A portable storage unit shall not be placed on a common or shared driveway or parking area if it prevents the use of such driveway or parking area by a person entitled to use the driveway or parking area other than the individual who placed or caused to be placed such portable storage unit.

4.

A portable storage unit shall not be placed in a right-of-way as that term is defined in chapter 46, City of Missouri City Code of Ordinances, as amended. A portable storage unit shall not be placed on a public or private street, on a sidewalk or in any area between a street and sidewalk.

D.

Maintenance. All portable storage units placed outside shall be maintained in good condition and repair.

E.

Number and timing.

1.

In an R, R-1, R-1-A, R-2, R-3, R-4, R-5, or MH district, the following restrictions shall apply to the number and timing of portable storage unit placement: Not more than one portable storage unit may be placed on a lot or tract at any one time. Portable storage units shall not be placed on a lot or tract for more than 30 days during the 12-month period prior to the placement of such portable storage unit.

2.

In an SD, R-6, MF-1, or MF-2 district, the following restrictions shall apply to the number and timing of portable storage unit placement: No single portable storage unit shall be placed on a lot or tract for more than ten days at a time.

F.

Exceptions.

1.

Subsections 9.15.C and 9.15.E shall not apply to portable storage units placed inside any permanent structure.

2.

Subsection 9.15.E. shall not apply to the use of a related portable storage unit as an accessory structure directly in conjunction with a permitted construction project. Any such portable storage unit shall be removed within seven days of the issuance of the certificate of occupancy.

3.

The limitation period set forth in subsection 9.15.E.1. shall not apply to any dwelling for which a certificate of occupancy has been issued within the 12-month period prior to the application for a portable storage unit permit.

(Ord. No. O-08-39, § 50, 7-21-2008)

A.

In addition to the requirements of the zoning district in which it is located, a home occupation shall comply with the following restrictions:

1.

No home occupation shall cause, by reason of its existence, an increase in the number of vehicles traveling to and from the home or on the public streets surrounding or abutting the home;

2.

A home occupation shall in no way destroy, restrict or interfere with the primary use of the home as a place of residence;

3.

No merchandise shall be displayed or sold on the premises;

4.

The home occupation shall be conducted entirely within the residential building or accessory structure, and in no event shall such use be visible from any adjacent properties or public or private street;

5.

There shall be no outdoor storage of equipment or material used in the home occupation;

6.

No more than one vehicle shall be used in the conduct of the home occupation;

7.

No mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other annoyance outside the residential building or accessory structure shall be used;

8.

No home occupation shall be permitted which is noxious or offensive to a person of ordinary sensitivity or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emission or which involves the transportation or storage of hazardous material, as defined by section 38-202, City of Missouri City Code of Ordinances, as amended, or hazardous waste, as defined by section 78-1, City of Missouri City Code of Ordinances, as amended; and

9.

No persons other than residents of the premises shall be engaged in the home occupation.

B.

Notwithstanding the foregoing restrictions, a child care home is a permissible home occupation.

(Ord. No. O-08-40, § 4, 7-21-2008)

A.

Outside placement.

1.

The outside placement of materials, merchandise, or equipment in LC and LC-O districts is prohibited.

2.

The outside placement of materials, merchandise, or equipment in LC-1, LC-2, LC-3, LC-4, and BP districts shall be in accordance with the rules contained in this subsection.

a.

Outside placement for business establishments 60,000 square feet in area or greater. Except as provided by subsection 9.17.A.2.c, a business establishment that is 60,000 square feet in area or greater may place unscreened materials, merchandise, or equipment outside as provided for herein:

i.

Placement along the linear frontage of building. Materials, merchandise, or equipment may be placed outside in areas along the linear frontage of the main building of a business establishment provided that such placement shall not exceed 40 percent of the width of the area between the front wall of the main building of the business establishment and the area designated for vehicular traffic. Materials, merchandise, or equipment placed outside in areas along the linear frontage of the main building of a business establishment shall be located as close as possible to the front wall of the main building of the business establishment.

ii.

Placement in parking areas. The placement of materials, merchandise, or equipment in parking areas is allowed up to two times each calendar year for a period of time not to exceed 45 days for each period.

iii.

Placement prohibited in landscaped areas. A landscaped area shall not be used for the outside placement of materials, merchandise, or equipment.

iv.

Placement in pedestrian access areas. The outside placement of materials, merchandise, or equipment shall not interfere with the use of a sidewalk. A continuous minimum six-foot unobstructed pedestrian pathway shall be maintained.

v.

Placement in loading areas. Materials, merchandise, or equipment shall not be placed between the support structures of the covering of any customer loading area.

vi.

Placement in vehicular or fire access areas. Vehicular and fire access shall not be impeded by the outside placement of materials, merchandise, or equipment.

b.

Outside placement for business establishments less than 60,000 square feet in area. Unscreened outside placement of materials, merchandise, and equipment by a business establishment less than 60,000 square feet in area is prohibited. A business establishment less than 60,000 square feet in area may place materials, merchandise, and equipment outside provided that an outside placement area within view of a roadway or driveway used by the general public shall be screened from view by masonry walls and an outside placement area not within view of a roadway or driveway used by the general public shall be screened from view by landscaping, at a minimum.

c.

Outside placement of certain materials, merchandise, and equipment prohibited in LC-3 and LC-4 districts. Unless screened, the outside placement of electrical appliances; gas appliances (except for the sale, rental, or refill of propane or propane tanks); automobiles; boats; motorcycles; trailers; plumbing; and other related materials, merchandise, or equipment in LC-3 and LC-4 districts is prohibited.

3.

The outside placement of materials, merchandise, or equipment in an I district shall be screened from public view in accordance with the requirements for transitional buffer yards contained in section 11.4 and in accordance with the requirements provided for herein.

a.

An outside placement area within view of a roadway or driveway used by the general public shall be screened from view by masonry walls.

b.

An outside placement area not within view of a roadway or driveway used by the general public shall be screened from view by landscaping, at a minimum.

B.

Outside storage.

1.

The outside storage of materials, merchandise, or equipment in LC and LC-O districts is prohibited.

2.

The outside storage of materials, merchandise, or equipment in LC-1, LC-2, LC-3, LC-4, and BP districts shall be in accordance with the rules contained in this subsection.

a.

Outside storage for business establishments. Except as provided by subsection 9.17.B.2.b, a business establishment may store materials, merchandise, or equipment outside as provided for herein:

i.

Storage associated with business establishment. The outside storage of materials, merchandise, or equipment shall be associated with the principal or primary business of the business establishment.

ii.

Storage screening required. Unscreened outside storage of materials, merchandise, or equipment is prohibited. An outside storage area within view of a roadway or driveway used by the general public shall be screened from view by masonry walls. An outside storage area not within view of a roadway or driveway used by the general public shall be screened from view by landscaping, at a minimum. It is preferred for an outside storage area to be located to the side or rear of the building.

iii.

Storage prohibited in landscaped areas. A landscaped area shall not be used for the storage of materials, merchandise, or equipment.

iv.

Storage in pedestrian access areas. The outside storage of materials, merchandise, or equipment shall not interfere with the use of a sidewalk. A continuous minimum six-foot unobstructed pedestrian pathway shall be maintained.

v.

Storage in loading areas. Materials, merchandise, or equipment shall not be stored between the support structures of the covering of any customer loading area.

vi.

Storage in vehicular or fire access areas. Vehicular and fire access shall not be impeded by the storage of materials, merchandise, or equipment.

b.

Outside storage of automobiles, motorcycles, and accessories. The outside storage of automobiles, motorcycles, and accessories pending repair in LC-3 and LC-4 districts is allowed provided that such automobiles, motorcycles, and accessories shall be screened by one of the following methods:

i.

To the side or rear of the business establishment, wooden fencing a minimum eight feet in height with brick pilasters or masonry fencing consisting of brick, stone, or concrete a minimum eight feet in height;

ii.

An opaque device a minimum eight feet in height or an opaque device that is higher than the automobiles, motorcycles, and accessories intended to be screened by the device; constructed of the same materials, style and color as the principal building; and located to the side or rear of the business establishment; or

iii.

An evergreen hedge a minimum four feet in height installed and maintained in a solid row, spaced every 30 inches or less on center in combination with one of the following fencing options, provided such fencing is at least six feet in height:

(A)

Wood fencing;

(B)

Wire fencing, coated in black vinyl with black vinyl slats; or

(C)

Tubular steel fencing.

3.

The outside storage of materials, merchandise, or equipment in an I district shall be screened from public view in accordance with the requirements for transitional buffer yards contained in section 11.4 and in accordance with the requirements provided for herein:

a.

An outside storage area within view of a roadway or driveway used by the general public shall be screened from view by masonry walls.

b.

An outside storage area not within view of a roadway or driveway used by the general public shall be screened from view by landscaping, at a minimum.

c.

It is preferred for an outside storage area to be located to the side or rear of the building.

C.

Outside sales and services. Except as set forth herein, the provision of outside sales and services is prohibited in all districts.

1.

The provision of outside newsstand sales and services in LC-1 districts shall be allowed.

2.

The provision of outside newsstand and carwash sales and services in LC-2 districts shall be allowed.

3.

The provision of outside services for automobiles, motorcycles, and accessories in the process of being repaired in LC-3 and LC-4 districts is allowed provided that such automobiles, motorcycles, and accessories shall be screened by one of the following methods:

a.

To the side or rear of the business establishment, wooden fencing a minimum eight feet in height with brick pilasters or masonry fencing consisting of brick, stone, or concrete a minimum eight feet in height;

b.

An opaque device a minimum eight feet in height or an opaque device that is higher than the automobiles, motorcycles, and accessories intended to be screened by the device; constructed of the same materials, style and color as the principal building; and located to the side or rear of the business establishment; or

c.

An evergreen hedge a minimum four feet in height installed and maintained in a solid row, spaced every 30 inches or less on center in combination with one of the following fencing options, provided such fencing is at least six feet in height:

i.

Wood fencing;

ii.

Wire fencing, coated in black vinyl with black vinyl slats; or

iii.

Tubular steel fencing.

4.

Except as provided by subsection 9.17.C.3, the provision of outside sales and services in LC-4 and I districts shall be allowed only as provided for herein:

a.

Sales and services screening required. The provision of outside sales and services in an LC-4 district shall be screened from public view.

b.

Sales and services in parking areas. Outside sales or services may be provided in a parking lot provided sufficient parking is available to meet the parking requirements for existing uses and provided such sales or services would not interfere with the normal flow of traffic.

c.

Sales and services prohibited in landscaped areas. A landscaped area shall not be used for the provision of outside sales or services.

d.

Sales and services in pedestrian access areas. The provision of outside sales or services shall not interfere with the use of a sidewalk. A continuous minimum six-foot unobstructed pedestrian pathway shall be maintained.

e.

Sales and services in vehicular or fire access areas. Vehicular and fire access shall not be impeded by the provision of outside sales or services.

D.

Site plan review required. Prior to placing or storing materials, merchandise, or equipment outside or providing outside sales or services, a person shall submit a site plan review application and the applicable fee as set forth in a resolution adopted by city council adopting a schedule of fees to the director of development services for site plan approval. The director of development services shall review each site plan review application to ensure compliance with this section.

(Ord. No. O-11-12, § 34, 5-2-2011)

A lot containing a credit access business shall be located at least 1,000 feet from any lot containing another credit access business as measured in a straight line between the nearest points of one lot to the other lot.

(Ord. No. O-13-43, § 3, 12-16-2013)

A.

Use district regulations. A mobile food unit is allowed in the following use districts, provided that such mobile food unit shall be operated in accordance with the terms and provisions of this section, and further provided that a mobile food unit permit has been issued pursuant to article II of chapter 18 of the Code:

1.

Where I industrial district uses are allowed;

2.

In BP, I, CF, LC, LC-O, LC-1, LC-2, LC-3, LC-4, and PD districts, provided that the mobile food unit is located within 100 feet of a property for which an active building permit has been issued;

3.

In SD, R, R-1, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2, MH, or PD districts, provided that the mobile food unit is located within 100 feet of a property for which an active building permit for the construction of at least three dwelling units has been issued;

4.

At a special event that has been issued a special events permit by the city in accordance with section 9.10;

5.

Within a park, athletic field, or any part thereof, provided that the operation of a mobile food unit within such park or athletic field is authorized by a park use permit issued by the city in accordance with chapter 74 of the Code;

6.

At an event that is sponsored or co-sponsored by the city with the written authorization of the city manager or his designee; and

7.

At an event sponsored by, or on behalf of, a property owners' association or homeowners association at such association's community facility located in a residential subdivision.

B.

Hours of operation. The holder of a mobile food unit permit shall operate a mobile food unit at a stationary location in the following use districts during the following hours:

1.

In areas where I industrial district uses are allowed, between the hours of 6:00 a.m. and 9:00 a.m., 11:00 a.m. and 2:00 p.m., and 6:00 p.m. and 10:00 p.m.;

2.

In the areas described in subsections 9.19.A.2 and 9.19.A.3, between the hours of 6:00 a.m. and 10:00 p.m.; and

3.

In the areas described in subsections 9.19.A.4, 9.19.A.5, and 9.19.A.6, in accordance with the time specified in the applicable special event permit, park use permit or city manager authorization.

C.

Signage. Signage on a mobile food unit is limited to signs permanently attached to the exterior of the mobile food unit. Such signage shall:

1.

Clearly display the name of the business as set forth in the MFU's sales tax permit on at least two sides of the mobile food unit, in bold letters that are at least six inches in height and one and one-half inches in width; and

2.

Be constructed of durable materials, have a neat appearance, and be maintained in good repair and structural condition, including, but not limited to, by replacing defective parts, painting, repainting, and cleaning the signs.

D.

Noise. Use of audio amplification is prohibited. Mobile food units are subject to chapter 30 of the Code.

E.

Trash disposal. The holder of a mobile food unit permit shall:

1.

Provide trash receptacles for use by customers during the MFU's hours of operation;

2.

Keep all areas within five feet of the mobile food unit clear of litter and debris at all times; and

3.

Dispose of all trash or waste associated with the operation of the mobile food unit in an authorized receptacle, except that city trash receptacles may not be used to dispose of such trash or waste.

F.

Operational capacity. The holder of a mobile food unit permit shall not:

1.

Attach, set up or use any other device or equipment intended to increase the selling, serving, storage, or display capacity of the mobile food unit,

2.

Allow items such as brooms, mops, hoses, equipment, containers and boxes or cartons to be located adjacent to or beneath the mobile food unit;

3.

Provide or allow signs or banners not attached to and solely supported by the mobile food unit;

4.

Provide or allow canopies, awnings or other coverings that are not attached to and solely supported by the mobile food unit to remain over any part of the mobile food unit or over any area within 100 feet of the mobile food unit, except that any awning or covering provided by others and primarily used for other purposes and only incidentally or coincidentally used by the mobile food unit shall not be considered a violation of this subsection;

5.

Provide or cause any portable toilet facility to be provided; or

6.

Provide or cause any dining area to be provided, including, but, not limited to, tables, chairs, booths, bar stools, benches and standup counters, within 100 feet of the mobile food unit, except that dining or seating areas adjacent to a mobile food unit operating inside an enclosed space such as a lobby of a business establishment where the seating is provided by someone other than the holder of a mobile food unit and only incidentally or coincidentally used by the patrons of the mobile food unit are acceptable.

G.

Exemptions. A mobile food unit authorized to be located at an event that is sponsored or co-sponsored by the city is exempt from the provisions of subsections 9.19.B.1 and 9.19.B.2.

(Ord. No. O-17-41, § 3, 10-16-2017)

A.

Site plan review required. An applicant for a proposed massage establishment shall submit to the director of development services a massage establishment site plan review application in accordance with this section. The director of development services shall review each massage establishment site plan review application to ensure compliance with this section. A massage establishment site plan review is required prior to the occupancy of a massage establishment and is not transferrable from one business establishment or owner to another.

B.

Application requirements. An application for a massage establishment site plan review shall include, at a minimum, the following information:

1.

Proposed hours and days of operation;

2.

Proposed location for the placement of the massage therapist or massage establishment's valid and current license as required;

3.

Proposed location for notice that no person may live, dwell or use the massage establishment as sleeping quarters;

4.

Proposed methods to establish and maintain clean and sanitary conditions as required; and

5.

A site plan including an exterior building elevation depicting proposed window coverings and signage.

C.

Regulations applicable to all massage establishments.

1.

State regulations. A massage establishment or a place of business that advertises massage therapy or offers massage therapy or other massage services must be licensed in accordance with V.T.C.A., Occupations Code ch. 455 and tit. 16, Texas Administrative Code ch.117, as such chapters may be amended.

2.

A valid and current massage therapist or massage establishment license must be displayed and easily viewable within the lobby or waiting area.

3.

A massage establishment shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. on any day.

4.

All doors of a massage establishment shall remain unlocked during normal business hours.

5.

The storefront windows of a massage establishment must be transparent and provide an unobstructed view from the outside into the lobby, waiting area, or lobby and waiting area.

6.

A massage establishment shall not locate or maintain an automatic teller machine (ATM).

7.

A person shall not live or dwell within a massage establishment or use a massage establishment as sleeping quarters.

8.

It shall be the duty of every person conducting or operating a massage establishment to keep the establishment at all times in a clean and sanitary condition. All instruments and mechanical or therapeutic devices, or parts thereof, that come into contact with the human body shall be sterilized by a modern and industry-approved method of sterilization before initial use, and any such instruments and devices, or parts thereof, after having been used upon one patron, shall be sterilized before being used upon another, and shall be rendered free from harmful organisms in a manner consistent with applicable state and local laws and regulations. Towels and linens furnished for use by one patron shall not be furnished for use by another until thoroughly laundered.

9.

All massage therapists in a massage establishment shall wash their hands thoroughly before administering massage therapy to each patron accommodated. It is unlawful for a person suffering from a communicable disease to be employed by a massage establishment. No owner, manager, keeper, custodian, operator or employee of a massage establishment shall knowingly accommodate a person suffering from a communicable disease as a patron therein.

10.

The manager or person in charge of a massage establishment shall keep a list of the names and addresses of all employees, both on duty and off duty, and such list, in accordance with the law, shall be immediately available during regular business hours for inspection upon the request of any law enforcement officer or city code enforcement officer.

11.

The persons managing, keeping or operating a massage establishment shall be responsible for the acts of their employees in the conduct of such business. This section does not relieve an owner or an employee of potential liability pursuant to this article.

D.

Prohibited operations.

1.

It shall be unlawful for any person operating a massagestablishment to employ, in any capacity therein, any person who has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense involving prostitution or another sexual offense, or the practice or administration of massage therapy at or for a sexually oriented business.

2.

It shall be unlawful to operate a massage establishment as a sexually oriented business as defined by section 18-701 of the Missouri City Code.

3.

It shall be unlawful for a person to commit a crime or offense involving prostitution or another sexual offense resulting in a conviction, or to which a plea of nolo contendere or guilty was entered or deferred adjudication was received, on the premises of a massage establishment.

4.

It shall be unlawful for a massage therapist to dress in attire that:

a.

Is transparent or substantially exposes the person's undergarments; or

b.

Exposes the person's breasts, buttocks, anus or genitals.

5.

It shall be unlawful for any person operating a massage establishment to offer bathing or showering services.

E.

Inspection of premises; access; right of entry.

1.

Prior to approval of an application for a massage establishment site plan, the city shall inspect the proposed massage establishment to determine compliance with the requirements of this section.

2.

At any time, a peace officer appointed or employed by a law enforcement agency of this state or a city code enforcement officer may enter the premises of a massage establishment for periodic inspections, in accordance with the law, to determine compliance with this article. If entry and access to the premises of the massage establishment is denied, entry may be made under the authority of a warrant to inspect the massage establishment.

F.

Revocation of certificate of occupancy.

1.

Revocation authority. The city's building official, in consultation with the director of development services, may revoke the certificate of occupancy of a massage establishment for violations of the zoning ordinance.

2.

Notice. If violations of the zoning ordinance or state law are found upon inspections, the city shall specify a reasonable period of time for the correction of the violations found. Correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

a.

If a prohibited operation, as described in subsection 9.20.D, exists, the establishment shall immediately cease operations. Operations shall not resume until authorized by the city.

b.

All violations shall be corrected as soon as possible, but in any event within ten business days following inspection.

c.

Within 15 business days after the inspection, the holder of the permit shall submit a written report to the city stating that the violations have been corrected. A follow-up inspection shall be conducted to confirm correction.

d.

All reinspections shall necessitate payment of reinspection fees in the amount specified in a resolution adopted by the city council establishing a schedule of fees.

3.

Each massage establishment inspection report shall state that, if an operation is not a prohibited operation, failure to comply with any time limit for corrections may result in cessation of the business operations. An opportunity for appeal from an order to cease operations, the inspection findings, and time limitations will be provided if a written request for a hearing is filed with the city in accordance with section 18.

4.

Cessation of operations. Whenever a massage establishment is required under the provisions of this article to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for inspection shall be offered within a reasonable time.

G.

Cumulative effect; effect of state law. The provisions of this article are cumulative of the applicable state law and regulations concerning massage establishments. To the extent there exists any conflict between the provisions of this article and applicable state law, the state law provision shall prevail to the extent of the conflict.

H.

Fees. An applicant for a massage establishment site plan review shall pay, at the time of the application, in addition to any other required fees, a massage establishment site plan review fee, as applicable, in the amount specified in a resolution by the city council adopting a schedule of fees.

(Ord. No. O-22-29, § 4, 8-15-2022)