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18-39 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-39 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE, BY AMENDING SUBSECTION 1.3(C), "EDUCATIONAL, INSTITUTIONAL, PUBLIC, AND SPECIAL USES," OF SUBSECTION 1.3, "SCHEDULE OF USES," OF SECTION 1, "USE OF LAND AND STRUCTURES," OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS," BY ADDING THE TERM "COMMUNITY HOME" AND DESIGNATING SUCH AS BEING PERMITTED IN ALL RESIDENTIAL ZONING DISTRICTS AS "CONDITIONAL DEVELOPMENT STANDARD 47"; AMENDING SUBSECTION 1.3(G), "SERVICE USES," OF SUBSECTION 1.3, "SCHEDULE OF USES," OF SECTION 1, "USE OF LAND AND STRUCTURES," OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS," BY REPLACING THE TERMS "DAY CARE CENTER, CHILD," "DAY CARE CENTER, IN-HOME," AND "DAY CARE CENTER, INCIDENTAL," WITH NEW TERMS "CHILD CARE CENTER, LICENSED," "CHILD CARE CENTER, HOME," AND "CHILD CARE CENTER, INCIDENTAL" WITH NO MODIFICATIONS TO PERMITTED ZONING DISTRICTS OR SPECIFIC USE PERMIT REQUIREMENTS; REPEALING EXISTING CONDITIONAL DEVELOPMENT STANDARD 5, "HOME OCCUPATION," OF SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE OF LAND AND STRUCTURES" OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS," AND REPLACING SAID CONDITIONAL DEVELOPMENT STANDARD IN ITS ENTIRETY WITH NEW CONDITIONAL DEVELOPMENT STANDARD 5, "HOME OCCUPATION"; REPEALING EXISTING CONDITIONAL DEVELOPMENT STANDARD 20, "DAY CARE CENTER, CHILD," AND REPLACING IT WITH "CHILD CARE CENTER, LICENSED," REPEALING EXISTING CONDITIONAL DEVELOPMENT STANDARD 21, "DAY CARE CENTER, IN-HOME" AND REPLACING IT WITH "CHILD CARE CENTER, HOME," AND ADDING NEW CONDITIONAL DEVELOPMENT STANDARD 47, "COMMUNITY HOME," TO SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS"; AMENDING SUBSECTION 2.2 OF SECTION 2, "DEFINITIONS," OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS," BY ADDING DEFINITIONS OF "CHILD CARE CENTER, HOME," "CHILD CARE CENTER, INCIDENTAL," "CHILD CARE CENTER, LICENSED," "COMMUNITY HOME," AND "HOUSEHOLD CARE FACILITY"; 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 & 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 & 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 1.3(C), "Educational, Institutional, Public, and Special Uses" of Subsection 1.3, "Schedule of Uses" of Section 1, "Use of Land and Structures" of Chapter 3, "Permitted Uses and Definitions," is amended by adding the term "Community Home" and designating such term as permitted in all Residential Zoning District as "Conditional Development Standard 47." SECTION 3 From and after the effective date of this Ordinance, existing Subsection 1.3(G), "Service Uses" of Subsection 1.3, "Schedule of Uses" of Section 1, "Use of Land and Structures" of Chapter 3, "Permitted Uses and Definitions," is amended by replacing the term "Day Care Center, Child" with "Child Care Center, Licensed"; the term "Day Care Center, In -Home" with "Child Care Center, Home"; and the term "Day Care Center, Incidental" with "Child Care Center, Incidental," with no modifications to permitted zoning districts, Conditional Use Standards, or Specific Use Permit requirements. SECTION 4 From and after the effective date of this Ordinance, existing Conditional Development Standard 5, "Home Occupation," of Subsection 1.4, "Conditional Development Standards," of Section 1, "Use of Land and Structures" of Chapter 3, "Permitted Uses and Definitions," is hereby repealed in its entirety and replaced with new Conditional Development Standard 5, "Home Occupation," to read as follows: "1.4 Conditional Development Standards 5. Home Occupation A home occupation, in districts where allowed, shall meet the following standards to maintain the residential character of the neighborhood while providing opportunities for home-based businesses: Ordinance No. 18-39, Page 2 1. Unless specifically permitted by this section, home occupations shall be conducted entirely within the main building. 2. The home occupation shall be clearly incidental and secondary to the use of the premises for residential purposes. 3. Home occupations shall not produce any alteration or change in the exterior appearance of the residence which is inconsistent with the typical appearance of a residential dwelling. 4. No external evidence of the occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, or electrical disturbance beyond the property line; 5. No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation; 6. No storage of hazardous materials for business purposes shall be allowed on the premises; 7. The home occupation shall not have a separate entrance; 8. Not more than two (2) patron- or business-related vehicles shall be present at any one time, and the proprietor shall provide adequate off-street parking for such vehicles. A business-related vehicle is one with a sign relating to the home occupation displayed on the exterior of the vehicle; 9. A maximum of one (1) commercial vehicle, capacity of one (1) ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked on the street; 10. The home occupation shall not require regular or frequent deliveries by large delivery trucks or vehicles in excess of one and one-half (1'/2) tons. This shall not be construed to prohibit deliveries by commercial package delivery companies; 11. The home occupation shall not display advertising signs or other visual or audio devices which call attention to the business use; 12. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made via the telephone, internet, or at a sales party may be filled on the premises; 13. No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot; 14. The home occupation shall prohibit more than one (1) non-resident employee from regularly visiting the home for purposes related to the business; 15. The home occupation shall not offer a ready inventory of any commodity for sale; 16. The home occupation shall not accept clients or customers before 7:00 a.m. or after 10:00 p.m. This limitation on hours of operation shall not apply to allowed child care home occupations. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities; and 17. Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way; Ordinance No. 18-39, Page 3 18. Uses permitted as home occupations shall include the following: a) Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession; b) Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises; c) Author, artist, sculptor; d) Dressmaker, seamstress, tailor, milliner; e) Music/dance teacher, tutoring, or similar instruction, provided that no more than three (3) pupils may be present at any one time; f) Swimming lessons or water safety instruction provided that a maximum of six (6) pupils may be present at any one time; g) Home crafts, such as weaving, model making, etc. h) Child Care: A Child Care Center, Home with seven (7) or more children shall meet the Town's building and/or fire codes. i) Community home and other residential care facility that qualifies as a community home under the Community Homes for Disabled Persons Location Act, Chapter 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this Ordinance; j) Internet based businesses; and k) Food Production Operations that produce non -potentially hazardous food. Examples of non -potentially hazardous foods include; bread, rolls, biscuits, sweet breads, muffins, cakes, pastries, cookies, fruit pies, jams, jellies, dried fruit and vegetables, pickles, and dry herbs. 19. Uses prohibited as home occupations shall include, but are not limited to the following: a) Animal hospital, commercial stable, kennel; b) Hair or Nail Salon/Barbershop; c) Boarding house or rooming house; d) Schooling or instruction with more than five (5) pupils; e) Restaurant or the sale of on premise food/beverage consumption of any kind; f) Automobile, boat, or trailer repair, small engine or motorcycle repair, large appliance repair, repair of any items with internal combustion engines, or other repairs shops; g) Cabinetry, metal work, or welding shop; h) Office for doctor, dentist, veterinarian, or other medical -related profession for the purpose of providing care to patients; i) On -premise retail or wholesale sale of any kind, except cottage food items produced entirely on premises as indicated in Paragraph k), 18. above; j) Commercial clothing laundering or cleaning; k) Mortuary or funeral home; Ordinance No. 18-39, Page 4 1) Trailer, vehicle, tool, or equipment rental; m) Antique, gift, or specialty shop; n) Office or storage facility for a vehicle fleet operation; and o) Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy. 20. Determination of a Home Occupation Use not specifically listed. The Director of Development Services, or designee, shall determine whether a proposed use not specifically listed is appropriate as a home occupation. The Director shall evaluate the proposed home occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein. 21. Appeal of the Director's Home Occupation Determination. If the applicant disagrees with the determination of the Director, the applicant may appeal to the Planning & Zoning Commission. 22. Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with these provisions shall be deemed a legal nonconforming use." SECTION 5 From and after the effective date of this Ordinance, Conditional Development Standard 20, "Day Care Center, Child," is hereby repealed and replaced with "Child Care Center, Licensed," and Conditional Development Standard 21, "Day Care Center, In - Home," is hereby repealed and replaced with "Child Care Center, Home," in Subsection 1.4, "Conditional Development Standards," of Section 1, "Use of Land and Structures," of Chapter 3, "Permitted Uses and Definitions," to read as follow: "20. Child Care Center, Licensed Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Licensed Child Care Center in a public school. A Licensed Child Care Center not operated by a public independent school district is permitted by SUP in all districts except the Industrial Zoning District. 21. Child Care Center, Home Permitted by right as a home occupation in the designated zoning districts and is subject to the regulations of Home Occupation." SECTION 6 From and after the effective date of this Ordinance, Subsection 1.4, "Conditional Development Standards," of Section 1, "Use of Land and Structures," of Chapter 3, "Permitted Uses and Definitions," is hereby amended to add new Conditional Development Standard 47, "Community Home," to read as follow: "47. Community Home Community Homes are permitted in any residential zoning district but may not be located within one-half (1/2) mile of an existing Community Home. That distance is to be measured in a straight line. The number of motor vehicles permitted on the site or Ordinance No. 18-39, Page 5 on a public right-of-way adjacent to the site shall not exceed the number of bedrooms in the home." SECTION 7 From and after the effective date of this Ordinance, Subsection 2.2 of Section 2, "Definitions", of Chapter 3, "Permitted Uses and Definitions," is hereby amended by repealing the existing definitions of "Day Care Center, Child," "Day Care Center, Incidental," "Day Care Center, In -Home," and "Household Care Facility," and by adding new definitions of "Child Care Center, Home," "Child Care Center, Incidental," "Child Care Center, Licensed," "Community Home," and "Household Care Facility," to read as follows: "Child Care Center, Home - A home occupation that occurs in the caregiver's home that provides care for less than twenty-four (24) hours a day to no more than six (6) children under the age of fourteen, plus six (6) additional children after school hours. The total number of children, including the caretaker's own children, is no more than twelve (12) at any time. This use is subject to registration/licensing with appropriate State agencies. Child Care Center, Incidental — An accessory use designed only for the care of children belonging to employees of the primary use. The center shall be completely contained within the primary use and shall not constitute more than fifteen percent (15%) of the main use. The operating hours of the center shall be the same as the primary use and shall not include overnight lodging, medical treatment, counseling, or rehabilitative services. This use is subject to registration/licensing with appropriate State agencies. Child Care Center, Licensed - A non-residential institution that provides care for less than twenty four (24) hours a day for seven (7) or more children under the age of fourteen. This use is subject to registration/licensing with appropriate State agencies. Community Home — A residence for persons with disabilities, limited to a maximum of six (6) persons with disabilities and two supervisors, no closer than one-half mile to an existing community home, permitted by right in all residential zoning districts. This use is subject to registration/licensing with appropriate State agencies. This definition is subject to the Community Homes for Disabled Persons Act (Texas Human Resources Code, Section 123.001 et seq.) as it exists or may be amended. Household Care Facility - A dwelling unit which provides residence and care to not more than six (6) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Personal Care Facility Licensing Act (Texas Health and Safety Code, Section 247.001 et seq.) and Community Homes for Disabled Persons Location Act (Texas Human Resources Code, Section 123.001 et seq.) as they presently exist or may be amended in the future." Ordinance No. 18-39, Page 6 SECTION 8 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. SECTION 9 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. SECTION10 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 11 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. DULY Pte* APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TON TEXAS, ON THIS 22rd DAY OF MAY, 2018. e Ray Smith, Mayor APPROVED AS TO FORM AND LEGALITY: !�E� kjl-t� Terrence S. Welch, Town Attorney Ordinance No. 18-39, Page 7