19-44 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-44
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY AMENDING SUBSECTION 1.3(F), "RETAIL USES," OF
SUBSECTION 1.3, "SCHEDULE OF USES," OF SECTION 1, "USE OF
LAND AND STRUCTURES," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," BY CHANGING THE PERMITTED USE OF A
FARMER'S MARKET FROM PERMITTED BY RIGHT IN THE
DOWNTOWN RETAIL, RETAIL, DOWNTOWN COMMERCIAL, AND
THE COMMERCIAL ZONING DISTRICTS TO THE USE PERMITTED
UPON APPROVAL OF A SPECIFIC USE PERMIT IN THE DOWNTOWN
RETAIL, RETAIL, DOWNTOWN COMMERCIAL, AND THE
COMMERCIAL ZONING DISTRICTS; AMENDING SUBSECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE
OF LAND AND STRUCTURES," OF CHAPTER 3, "PERMITTED USES
AND DEFINITIONS," BY ESTABLISHING A NEW CONDITIONAL
DEVELOPMENT STANDARD #48 FOR A "FARMER'S MARKET";
AMENDING SECTION 2, "DEFINITIONS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," BY AMENDING THE
DEFINITION OF THE EXISTING TERM, "FARMER'S MARKET";
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(F),
"Retail 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 changing the
permitted use of a Farmer's Market from Permitted by Right in the Downtown Retail, Retail,
Downtown Commercial, and Commercial Zoning Districts to the use Permitted upon
approval of a Specific Use Permit in the Downtown Retail, Retail, Downtown Commercial,
and Commercial Zoning Districts.
SECTION 3
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 by establishing a new Conditional
Development Standard #48, "Farmer's Market," to read as follow:
"1.4 Conditional Development Standards
48. Farmer's Market
Permitted by Specific Use Permit in the referenced districts, subject to the following
standards:
a) All vendors shall abide by the provisions of applicable Town of Prosper ordinances
and regulations and applicable state laws and regulations related to Farmer's
Markets, including Texas Administrative Code, Title 25, Chapter 229, Subchapter
FF, as they exist or may be amended.
b) No more than 30% of the number of vendor stalls or booths shall be permitted to
sell non-food or non-agricultural items.
c) A farmer's market shall not include the sale of used household goods or constitute
a flea market.
d) All operations must take place on a concrete or asphalt surface."
SECTION 4
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
amending the existing definition of "Farmers Market," to read as follows:
"Farmer's Market - A designated location providing individual spaces leased by farmers,
producers, and vendors for the retail sale directly of food and non-food products 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. 19-44, Page 2
1
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., j,, j,,I
DUlr1�SED,•R��4MOYED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOW�I�I� PRO PER; �A(S, ON THIS 25th DAY OF JUNE, 2019.
•• Ray Smith, Ma or
ATTE 19111
Robyn B#ttle, Town Sec
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 19-44, Page 3