2022-38 - O - Amend Chapter 3 Section 1.3-1.4-2.2 Include Food Pantry in AG Zoning District 07.26.22TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-38
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE
BY AMENDING 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
BUILDINGS," OF CHAPTER 3, "PERMITTED USES," BY ADDING
"FOOD PANTRY" AS A PERMITTED USE IN THE AGRICULTURAL,
"A," ZONING DISTRICT WITH CONDITIONAL DEVELOPMENT
STANDARDS; AMENDING EXISTING SUBSECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE
OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," BY ADDING CONDITIONAL DEVELOPMENT
STANDARDS FOR ANY FOOD PANTRY USE; AMENDING EXISTING
SUBSECTION 2.2 OF SECTION 2, "DEFINITIONS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," BY ADDING A DEFINITION
OF "FOOD PANTRY"; 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 1.3(C),
"Educational, Institutional, Public, and Special Uses," of Subsection 1.3, "Schedule of
Uses," of Section 1, "Use of Land and Buildings," of Chapter 3, "Permitted Uses and
Definitions," of the Town's Zoning Ordinance, is hereby amended by adding "Food Pantry"
as a permitted use in the Agricultural, "A," zoning district with conditional development
standards, to read as follows;
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SECTION 3
From and after the effective date of this Ordinance, existing 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 amended by adding new Conditional Development Standards for
"Food Pantry," to read as follows:
"1.4 Conditional Development Standards
48. Food Pantry
A food pantry shall be subject to the following development standards:
a) All food in storage must meet Town public health regulations.
b) Food must be distributed in its original packaging, except fresh produce
may be distributed unpackaged.
c) Hours of operation must be clearly displayed on or near its entrance.
d) It is not allowed for money or services to be required as a condition of
receiving food.
e) No food shall be stored on the exterior of the facility."
Ordinance No. 2022-38, Page 2
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," of the Town's Zoning
Ordinance, is hereby amended by adding a definition of "Food Pantry," to read as follows:
"2.2
Food Pantry —A non-profit organization authorized pursuant to § 501(c)(3) of the Internal
Revenue Code, not affiliated with a religious land use, that provides food directly to
individuals and families in need at no cost to those individuals and families. Food pantries
may receive, buy, store and/or distribute food; however, on -site preparation of food is not
permitted.
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.
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.
Ordinance No. 2022-38, Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF JULY, 2022.
David F. Bristol, Mayor
ATTEST:
OF PRO
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Al�
Terrence S. Welch, Town Attorney
Ordinance No. 2022-38, Page 4
1914