17-49 O - Amending Chapter 3, Permitted Use of Restaurants with Drive-Through Service, Definition of Restaurant and Automobile Sales, Service, Leasing TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-49
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY REPEALING EXISTING SUBSECTION 1.4(26), "RESTAURANTS,"
OF SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT
STANDARDS," OF SECTION 1, "USE OF LAND AND BUILDINGS," OF
CHAPTER 3, "PERMITTED USES," AND REPLACING IT WITH A NEW
SUBSECTION 1.4(26), "RESTAURANTS," OF SUBSECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE
OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES";
AMENDING EXISTING SUBSECTION 2.2 OF SECTION 2,
"DEFINITIONS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS" BY ADDING A NEW DEFINTION, "AUTOMOBILE
SALES, SERVICE AND LEASING"; AMENDING EXISTING
SUBSECTION 2.2 OF SECTION 2, "DEFINITIONS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," BY AMENDING THE
DEFINITION OF "RESTAURANT"; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the Planning
and Zoning Commission of the Town of Prosper, Texas, has recommended amending the
Town's Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing, the
Town Council of the Town of Prosper, Texas, has determined that it is in the public's best
interest and in furtherance of the health, safety, morals, and general welfare of the citizens
of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection 1.4(26),
"Restaurants," of Subsection 1.4, "Conditional Development Standards," of Section 1,
"Use of Land and Buildings,"of Chapter 3, "Permitted Uses and Definitions,"of the Town's
Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with a new
Subsection 1.4(26), "Restaurants," of Subsection 1.4, "Conditional Development
Standards,"of Section 1, "Use of Land and Buildings," of Chapter 3, `Permitted Uses and
Definitions,"to read as follows:
111.4 Conditional Development Standards
26. Restaurant
a) A Restaurant is permitted by Specific Use Permit in the NS Zoning District
and is permitted by right in the O, DTO, DTR, R, DTC, C, and CC Zoning
Districts subject.
b) Restaurants with drive-through service are only permitted in the R, C, and
CC Zoning Districts upon approval of a Specific Use Permit.
c) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 applies to restaurants with drive-
through service.
d) Restaurants that sell Alcoholic Beverages for on-premise consumption
shall be subject to compliance with the Texas Alcoholic Beverage Code, as
amended, and any applicable local option elections.
e) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
f) A Restaurant that sells Alcoholic Beverages for on-premise consumption
shall not be located within the following:
1. Three hundred feet (300')from a church, public hospital, public school
and/or private school. However, Alcoholic Beverage Sales may be
located within three hundred feet (300')of a private school if the holder
of a license or permit holds a food and beverage certificate covering a
premise that is located within three hundred feet (300') of a private
school; or
2. One thousand feet (1000') from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts such
additional spacing requirements by resolution. Measurement for the
distance between a Restaurant where Alcoholic Beverages for on-
premise consumption are sold and a church or public hospital shall be
along the property lines of the street fronts,from front door to front door,
and in a direct line across intersections.
g) Measurement for the distance between a Restaurant where Alcoholic
Beverages for on-premise consumption are sold and a public and/or private
school shall be:
1. In a direct line from the Property Line of the public and/or private school
to the Property Line of the place of business, and in a direct line across
intersections; or
2. If the Restaurant that sells Alcoholic Beverages for on-premise
consumption is located on or above the fifth (5th) story of a multistory
building, in a direct line from the Property Line of the public and/or
private school to the Property Line of the place of business, in a direct
Ordinance No. 17-49. Page 2
line across intersections, and vertically up the building at the Property
Line to the base of the floor on which the Restaurant is located.
h) If a Restaurant receives seventy-five percent (75%) or more of its gross
revenue on a quarterly basis from the sale or service of Alcoholic
Beverages for on-premise consumption, the use will no longer qualify as a
Restaurant and will be classified and regulated by the Town as an Alcoholic
Beverage Establishment under the Zoning Ordinance.
i) There shall be no variances considered with regard to the regulations set
forth herein."
SECTION 3
From and after the effective date of this Ordinance, Subsection 2.2 of Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning
Ordinance, as amended, is hereby amended to add a new definition, "Automobile Sales,
Service,"to read as follows:
"2.2
Automobile Sales, Service, and Leasing - The sale, rental or leasing of new
automobiles or light load vehicles, and includes as incidental uses (i) automobile or light
r load vehicle used sales and (ii)on-site automobile repair services related to the sale, rental
or leasing of new automobiles or light load vehicles."
f
SECTION 4
From and after the effective date of this Ordinance, the definition of "Restaurant,"
contained in existing Subsection 2.2 of Section 2, "Definitions," of Chapter 3, "Permitted
Uses and Definitions," of the Town's Zoning Ordinance, as amended, is hereby amended
in its entirety to read as follows:
"2.2
Restaurant - An establishment where food and drink are prepared and consumed
primarily on the premise. Drive-through service is permitted in accordance with the
Conditional Development Standards."
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction" it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
Ordinance No. 17-49, Page 3
SECTION 6
All provisions of any ordinance in conflict with this Ordinance are hereby repealed
to the extent they are in conflict, and any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 7
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication as
required by law; however, the provisions of this Ordinance shall not be applicable to any
residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
%t-0,hP PROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THEF ••• TEXAS, ON THIS 27TH DAY OF JUNE, 2017.
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1 ° — Ray Smith, Mayor
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Robyn Batt e, wr(Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-49, Page 4