04-083 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 04-83
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 9 (USE OF
LAND AND BUILDINGS) OF ZONING ORDINANCE NO. 84-16; 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 ("Town Council") has investigated and
determined that Section 9 (Use of Land and Buildings) of the Town of Prosper, Texas ("Prosper") Zoning Ordinance
No. 84-16 should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the
citizens of Prosper to amend Prosper's Zoning Ordinance No. 84-16 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9 of Prosper's Zoning
Ordinance No. 84-16 is hereby amended to add the use "Winery" and its associated permitted districts to the
Schedule of Uses as follows:
Schedule of Uses
w w w
} U } '- } N } M } O J r J cV F F- J
J W J 1 J 1 = 1 = F J W 5 I 5 . 5 O Q w J Z
2 a w W w F U < W Q w 0 w =w J U U ¢ w O
J L.L ,Lu lL LL Z w Z LL Q Q W w W Z = U c Q W i� Z d H
w E w w w w w w w O w J W w w O Z O <
U J J O J O J O J U J U- m W = J W
OF O9, c7N O2 c.7Z w f- ~ m0 O N p Z a > U
Ur Z < Z ,y,, Z �y, Z W Z w L J w J W 2 W
Q (/� w co ir co K N Z 0 0 w
w W U
C
COMMERCIAL TYPE USES
Winery 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0 4 O
SECTION 3: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9.F (Definitions and
Explanations Related to Use Schedules)of Prosper's Zoning Ordinance No. 84-16 is hereby amended to add the use
"Winery"and its associated definition as follows:
(76) Winery- A manufacturing facility designed to place wine into a bottle or other container for wholesale,
and limited retail distribution. A winery is subject to compliance with the Texas Alcoholic Beverage
Code and permitting by the Texas Alcoholic Beverage Commission.
SECTION 4: SavingslRepealinq Clause: Prosper's Zoning Ordinance No. 84-16 shall remain in full force
and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.
SECTION 5: Severability: 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. Prosper 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper's Zoning Ordinance No. 84-16, or as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing
day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and
remedies available to it pursuant to local,state and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on
this 24"'day of August, 2004.
APPROVED S T .•
C a e i anger, Mayor
ATTES D TO AND
COR LY RECORDED Y:
Shanae Jennings, Tow ecretary
DATE OF PUBLICATION: f all 001( , Dallas Morning News—Collin County Addition
2
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS r
Bc:er, me, a Notary Public in and ,'or Dallas Cur-v :- day personally appeared Bill
R:.tledge, Telephone Sales Representati',e for ilia 1_►,\L__.NS MORNING NEWS being
duly sworn by oath, states the attached advertisement of:
TOWN OF PROSPER-Ordinances 04-82, 83, 84 & 86
as published in THE COLLIN COUNTY MORNING NEWS on: AUGUST 28 & 30,
2004
/Z-77t/r-.7
(Bill Rutledge)
Sworn to and subscribed before me this AUGUST 30, 2004 A.D.
i l i
f (Lisa Battenhcf d)
PROSPER TEXAS
ORDINANCE NO. 04-83
AN ORDINANCE OF
THE TOWN OF PROS-
PER, TEXAS, AMEND-
OFGLANDTAND BUILD-
INGS)
OF ZONING OR-
PROVDINAIDING FOR 84 A
OLATION OFOT HISEOR-
FFOR NEED
SAV-
TY CLAUSES;PROVID-
ING FOR AN EFFEC-
TIVE DATE OF THIS
ORDINANCE;AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF.