OR 91500-A-469 Zoning - regarding restaurants
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-469
AN ORDINANCE OF THE CITY OF COPPELL,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 91500,
BY REPEALING SECTION 12-30-16, RESTAURANT, IN ITS
ENTIRETY AND REPLACING WITH A NEW SECTION 12-
30-16 PROVIDING NEW REGULATIONS FOR
RESTAURANTS; AND BY AMENDING SECTION 12-42-1,
DEFINITIONS, TO ADD A DEFINITION FOR
RESTAURANT; 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 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.
(1) Restaurant shall only require a 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 “PD” planned
development district, when either of the following conditions exist:
(a) The restaurant will be located within a structure, either free-standing
or within an existing retail building whose property line abuts a
residential zoning district; or
(b) The restaurant will have drive-in/through service.
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(c) A restaurant as an accessory use, may be allowed by special use permit
on property zoned single family residential or multi-family in
association with a special use permit for a golf course and clubhouse.
(2) In the event that a special use permit is required, then a public hearing
process shall be required, as provided in this chapter.
(a) Special conditions. A special use permit for a restaurant under this
section, if granted, shall be subject to such reasonable special
conditions in order to protect the health, safety, and welfare of the
general public and adjacent land uses.
(b) Time limit.
(i) 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 Special Use Permit shall
be revoked unless the owner/operator of the restaurant is granted
an extension by the city council.
(ii) In the event the owner or operator of a property having a zoning
classification of a 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
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restaurant shall be advised of this condition which shall be noted in
the ordinance granting the zoning classification.
(c ) Submission requirements. The following shall be required at the time
of an application for a special use permit for a restaurant:
(i) 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.
(ii) 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.
(iii) 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.
(iv) Elevation(s) of the building, indicating the lease space with
dimensions and all proposed signage.
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(3) New restaurant in a lease space/building with an existing Special Use
Permit for a restaurant. In the event that another restaurant occupies the
same building/lease space and a new or revised special use permit is not
required; although all building permit conditions must be in compliance.
(a) The director of planning or designee may administratively approve a
minor amendment to the existing Special Use Permit for the
establishment of a new restaurant, subject to the following process:
(i) 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.
(ii) That applicant is in compliance with all other applicable code of
ordinance requirements or special conditions of the special use
permit for such premise.
(iii)The director will update the special use permit file to reflect the
new restaurant.
(iv) 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.
(v) 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.
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Deleted:
d
(4) Expansion of existing restaurant. In the event that an existing restaurant
expands in the same building a revised special use permit is not required.
(a) The director of planning or designee may approve an administrative
amendment to an existing Special Use Permit to allow for expansion
of an existing restaurant, subject to the following process:
(i) Submission of an application accompanied by the appropriate fee
for administrative site plan approval to include the revised floor
plan, sign plan, hours of operation.
(ii) Site Plan of the entire shopping center/retail building indicating the
lease space of the proposed restaurant expansion with square
footage and dimension of frontage(s).
(iii) The owner/occupant apply and receive appropriate building
permits and comply with applicable ordinances.
(iv) A parking analysis to assure adequate parking exists.
(b) The director shall review such application to ensure that the expanded
use does not adversely affect the surrounding uses and to protect the
general health, safety and welfare.
(c) The director will update the special use permit file to reflect the
restaurant expansion.
(d) 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
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applicant, a public hearing process as provided in this Chapter. will be
required.
(e) In the event that an applicant is not satisfied with the determination of
the director, it may submit a formal request to amend the Special Use
Permit as provided in this Chapter.
(5) 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.
(6) 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.
(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 2.
That the Code of Ordinances be, and the same is, hereby amended by
amending Article 42, Special Definitions, Section 12-42-1, Definitions, by adding a
definition for restaurant, which shall read as follows:
“ARTICLE 42. SPECIAL DEFINITIONS
Sec. 12-42-1. Definitions.
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. . . .
.
. . . . .
Rest home or nursing home:
Restaurant: A commercial establishment primarily where food and
beverages are prepared, served and consumed within the principal
building, on the premises or for take out.
. . . . .
Retail stores an shops:
. . . . .”
SECTION 3.
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 4
. 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 5.
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 6.
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.
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each offense; and each and every day said violation is continued shall constitute a separate
offense.
SECTION 7. 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~
daYO~007.
ATTEST:
~~/dCLL-
B BALL, Y SECRETARY
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