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Missouri City requires special use permits for gas stations next to residential areas, limits proximity and equipment near homes
Summary
Council voted unanimously to amend the zoning ordinance to require specific use permits for gasoline service stations that share a property line with residential districts and to add standards for intersection placement, equipment setbacks and limits on density at large intersections.
The Missouri City Council unanimously adopted an ordinance July 21 that tightens zoning rules for gasoline service stations located next to residential districts.
Jennifer Thomas Gomez, director of development services, explained the amendment would keep gas stations as a use-by-right in higher-intensity retail and business park districts (LC‑3/LC‑4) but would require a specific use permit (SUP) when a gas-station parcel has a common property line with a residential district. The amendment adds criteria for SUP approval: a qualifying property must be within 200 feet of an intersection, with limits on the number of stations permitted at major intersections (a maximum of two), and a 150-foot minimum distance between equipment such as air pumps and the common residential property line.
Speaking during the public hearing, Joel Baby, owner of the Chevron at 2420 Cartwright Road, urged council to reject the change or amend it, saying his property would be required to seek an SUP even though it had operated for more than a decade. "This plan may seem like it helps with the city development, but in reality, it's unclear, unfair, and harmful to small business owners like me who have followed all the rules and invested in a lot of Missouri City," Baby said.
Council members discussed nonconforming status, abandonment (noted at 120 days or more of dormancy) and the state law process for terminating nonconforming uses, including possible compensation requirements. Staff said existing gas stations that become nonconforming would not be required to cease operations immediately but could be required to obtain an SUP to reestablish operations following abandonment, substantial alteration or major code violations. The ordinance also includes provisions related to alternative‑fuel stations and makes clear certain stations could be required to add landscaping and equipment setbacks to comply if they seek to rebuild.
The measure passed unanimously; staff said a second reading would normally occur at the next council meeting.
