O-2024-09 Amending Chapter 3 Section 1.4 Subpart 38 Used Automobile Sales, LeasingTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-09
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SUBPART 38, "AUTOMOBILE SALES/LEASING, USED," OF SUBSECTION
1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE OF
LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," OF THE ZONING ORDINANCE OF THE TOWN OF PROSPER;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that the Zoning Ordinance should be amended; and
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
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subpart 38, "Automobile
Sales/Leasing, Used," of Subsection 1.4, "Conditional Development Standards," of Section 1,
"Use of Land and Buildings," Of Chapter 3, "Permitted Uses and Definitions," of the Zoning
Ordinance of the Town of Prosper Texas, are hereby amended to read as follows:
"CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
1.4 Conditional development standards.
38. Automobile Sales/Leasing, Used.
a) A Specific Use Permit is required in the Commercial and
Commercial Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
c) Used vehicle sales are only permitted as an accessory use to
new vehicle sales. (Used vehicle sales are not allowed in
association with car rental agencies.)"
SECTION 3
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, sentence,
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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF JANUARY, 2024.
David F. Bristol, Mayor
ATTEST:
Wo'� iL�av�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-23-0026 Ordinance 2024-09, Page 2