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OR 91500-A-445 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-445 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE ZONING ORDINANCE NO. 91500, BY AMENDING SECTION 12-29-3, SUBSECTION 3 BY AMENDING SUBSECTION (L) TO PROVIDE AN EXCEPTION FOR OPEN SIGNS; BY REPEALING SECTION 12-30-16 AND REPLACING WITH A NEW SECTION 12-30-16 PROVIDING NEW REGULATIONS FOR RESTAURANTS; AND BY AMENDING SECTION 12-42-1, DEFINITIONS, BY AMENDING THE DEFINITION FOR CONVENIENCE STORE AND FOR OUTSIDE STORAGE AND DISPLAY - RETAIL STORES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as heretofore amended be and the same is hereby amended by amending Section 12-29-3, Subsection 3 by amending Subsection (L) to provide an exception for open signs, to read as follows: Sec. 12-29-3. Provisions for all zoning districts. “ . . . . . 3. Prohibited signs: The following types of signs are specifically prohibited. . . . . . (L) Luminous gaseous tubing, including within an enclosed building, behind glass and visible outside from the public right-of-way through a window, except “open” signs shall be permitted. “Open” signs shall not include any other wording or advertising and shall not flash, blink, or contain any movement. . . . . . . . . . .” 1 TM 11881 SECTION 2 . That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by repealing Section 12-30-16 and replacing with a new Section 12-30-16 providing new regulations for restaurants, which shall read as follows: “Sec. 12-30-16. Restaurant. A restaurant, as that term is used in this section, shall mean any establishment or club that provides food service to the general public or to club members and their guests. A restaurant shall be permitted only by special use permit in the "O" office, "R" retail, “H” Historic, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial districts, or by special use permit within such districts which are a part of a planned development district. Provided, however, this provision notwithstanding, a special use permit for a restaurant may be permitted on property zoned single family residential with a special use permit for a golf course and clubhouse. 1. Special conditions. A special use permit for a restaurant, if granted, shall be subject to such reasonable special conditions as may be incorporated in the ordinance granting the special use permit, to protect the health safety and welfare of the general public and adjacent land uses. 1.In the event that the applicant shall obtain a permit to serve alcoholic beverages, it will be the applicant’s responsibility to comply with all applicable provisions of the Texas Alcoholic Beverage Code, including, but not limited to the submission of Texas Alcoholic Beverage Commission Form L-101CTY “Certificate of City Secretary” and other applicable forms and state regulations. 2. Time limit. In the event an application for a building permit for a restaurant is not made and secured within six months from the granting of the special use permit for the restaurant, the SUP will become null and void unless the owner/operator of the restaurant is granted an extension by the city council. In the event the owner or operator of a property having a zoning classification of special use permit for a restaurant, ceases to operate the restaurant business use for a period in excess of 90 days, the planning and zoning commission or the city council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a special use permit for a restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. 2 TM 11881 3. Signs. Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. 4. Submission requirements. The following shall be required at the time of an application for special use permit for a restaurant: A.A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within 300 feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. B.Adequate copies of floor plans for the restaurant shall be submitted showing the dimensions of the following floor areas: 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5.All combined air-conditioned areas. C.Site Plan of the entire shopping center/retail building indicating: 1.Lease space of the proposed restaurant with square footage and dimension of frontage(s). 2.Parking analysis to assure that adequate parking exists to accommodate restaurant. 3.Proposed hours of operation. D. Elevation(s) of the building, indicating the lease space with dimensions and all proposed signage. 5. New restaurant in a lease space/building with an existing SUP for a restaurant. In the event that another restaurant occupies the same building/lease space, a new or revised special use permit is not required unless: A. The building or lease space is expanded or enlarged; B. The effective area of the sign is enlarged from the previous sign; C. Any other alteration that could increase intensity of the use. The director of planning or designee may administratively approve a minor amendment to the existing SUP for the establishment of a new restaurant, subject to the following process: 3 TM 11881 1. Submission of an application accompanied by; the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation and/or other pertinent information to the planning department for review. 2. The director will update the special use permit file to reflect the new restaurant. 3. The director will issue a letter of approval, approval with conditions or denial. In the event of a denial, or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. 4. Once the new restaurant occupies the building, the Building Official or his designee shall provide the Planning Department an official copy of the certificate of occupancy. 6.Each application for a special use permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The planning and zoning commission and the city council may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. 7. Existing uses. Any restaurant in operation or which has been granted a special use permit for a restaurant at the time of the adoption of this ordinance shall be ” considered as a conforming use. SECTION 3. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore amended be, and the same is hereby amended by amending Section 12-42-1, Definitions, by amending the definition for convenience store and for outside storage and display - retail stores, which shall read as follows: “Sec. 12-42-1. Definitions. . . . . . Convenience Store: A small retail store, generally under 3,000 square feet, which typically sells groceries and retail sales of non-food items or prepared foods, hot and cold beverages and packaged beverages or a combination. The outside storage or display and sale in the open, outside the building of groceries, packaged beverages and consumer goods and drive-through or drive-up service is prohibited. 4 TM 11881 . . . . . Outside Storage and Display – retail stores:Retail stores and shops: Facilities which offer all types of consumer goods for sale, but excluding the display and sale in the open, outside a building, of groceries, packaged beverages, consumer goods, new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials which are prohibited. . . . . . ” SECTION 4. That all ordinances and provisions of the Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5 . That should any word, phrase, paragraph, section or portion of this ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions of this ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is continued shall constitute a separate offense. 5 TM 11881 . . SECTION 8. That this ordinance shall become effective immediately from and after its passage and publication of the caption as the law and charter in such cases provide. DUL Y PASSED by the City Council of the City of Coppell, Texas, this the ~ay of ~06. " ," , "'..-~ YOR " . ...' ~, -,- ---- .---- _ '^. J l2/ ... .... -- ......---...... ::~ '-",- ATTEST: .....>l. .........-..-......"" .." "" 6 1M 11881 vt"