17-62 O - Amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding temporary buildings. (Z17-0007)TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-62
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE
BY REPEALING EXISTING SUBSECTION 1.4(7), "TEMPORARY
BUILDING," OF SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT
STANDARDS," OF SECTION 1, "USE OF LAND AND BUILDINGS," OF
CHAPTER 3, "PERMITTED USES," AND REPLACING IT WITH A NEW
SUBSECTION 1.4(7), "TEMPORARY BUILDING," OF SUBSECTION
1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1,
"USE OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED
USES;" 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 1.4(7),
"Temporary Building," of 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Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced
with a new Subsection 1.4(7), "Temporary Building," of Subsection 1.4, "Conditional
Development Standards," of Section 1, "Use of Land and Buildings," of Chapter 3,
"Permitted Uses and Definitions," to read as follows:
"1.4 Conditional Development Standards
7. Temporary Building
A. Temporary buildings are permitted by right for houses of worship, public
schools (kindergarten through twelfth grade only), and government
agencies (see Chapter 3, Section 2.2).
B. Temporary buildings for private enterprises are permitted by Specific Use
Permit.
C. A permit to erect a temporary building for a house of worship maybe issued
for an initial period of three (3) years.
D. The application for temporary building(s) shall be submitted to the
Development Services Department in the form of a Preliminary Site Plan
or Site Plan application with the accompanying material and exhibits:
1) Written report documenting the following:
a) capacity of the permanent building(s), which is located or planned
to be located on the same property for which the temporary building
permit is being sought, compared to the enrollment, employment,
and/or number of people attending the permanent building(s) at one
time;
b) total enrollment, employment, and/or membership size;
c) documentation of growth records depicting the number of people in
the congregation, school and/or office;
d) whether the facility is a start-up or new facility;
e) indication of alternative options that were explored before a
temporary building application was considered;
f) acts of nature; and/or
g) any other evidence which is reasonably related to the immediate
need for additional space;
2) A Preliminary Site Plan or Site Plan depicting the following:
a) a permanent solution to the immediate need for a new temporary
building(s) showing the permanent building(s),
b) the temporary building(s), and
c) the required parking,
3) Where an approved Preliminary Site Plan or Site Plan is in effect on the
property, the applicant may note the location of the proposed temporary
building(s) on the approved plan in lieu of submitting a new plan.
E. The temporary building(s) shall be removed within thirty (30) days of the
date:
1) a Certificate of Occupancy is issued for the permanent building; or
2) the permit for the temporary building expires, whichever occurs first.
F. After the initial three-year period, a request for a one-year extension of the
temporary building permit for a house of worship may be granted by the
Planning & Zoning Commission provided the applicant:
Ordinance No. 17-62, Page 2
1) has an approved and valid preliminary site plan or site plan for the
permanent building(s).
2) has a specific plan of how an additional year would allow the applicant
to construct the permanent building(s) by providing:
a) evidence of numeric growth, beyond that which was specifically
anticipated by the applicant;
b) membership, enrollment, and/or employment growth records;
c) evidence that alternative options were explored before an extension
of the temporary building permit was requested; and
d) any other criteria reasonably deemed appropriate by the Planning
& Zoning Commission."
SECTION 3
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 4
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 5
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 6
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. 17-62, Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER TEXAS, ON THIS 22ND DAY OF AUGUST, 2017.
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Ray Smith, Ma or
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 17-62, Page 4