18-12 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-12
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY AMENDING SUBSECTION 1.3(D), "TRANSPORTATION, UTILITY,
AND COMMUNICATION USES" OF SUBSECTION 1.3, "SCHEDULE OF
USES" OF SECTION 1, "USE OF LAND AND STRUCTURES" OF
CHAPTER 3, "PERMITTED USES AND DEFINTIONS"; AMENDING
"CONDITIONAL DEVELOPMENT STANDARD OF SUBSECTION
1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1,
"USE OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED
USES AND DEFINITIONS"; AMENDING SUBSECTION 2.2 OF
SECTION 2, "DEFINTIONS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS"; 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(D),
"Transportation, Utility, and Communication Uses" of Subsection 1.3, "Schedule of Uses"
of Section 1, "Use of Land and Structures" of Chapter 3, "Permitted Uses and Definitions,"
is amended by repealing the term, "Antenna and/or Antenna Support Structure,
Commercial," and replacing it with a new term, "Wireless Communications and Support
Structures," and designating such term as permitted in all Zoning Districts as "Conditional
Development Standard #11."
SECTION 3
From and after the effective date of this Ordinance, existing Subsection 1.4(l 1),
"Antenna, Commercial," of Subsection 1.4, "Conditional Development Standards," of
Section 1, "Use of Land and Structures" of Chapter 3, "Permitted Uses and Definitions," is
hereby repealed in its entirety and replaced with new Subsection 1.4(l 1), "Wireless
Communications and Support Structures," to read as follow:
"11. Wireless Communications and Support Structures
Permitted by Specific Use Permit in the referenced districts subject to the following
standards:
a) The distance of a wireless communications support structure from an adjacent
property line shall be determined by the Specific Use Permit.
b) The height of the support structure shall be determined by the Specific Use
Permit.
c) Additional antennas may be placed on a wireless communications support
structure with an existing Specific Use Permit without approval of a separate
Specific Use Permit subject to approval of a site plan as necessary for the
property.
d) Screening of the ground -mounted equipment shall be determined by the
Specific Use Permit.
e) Temporary Wireless Communications and Support Structures shall be subject
to the above -noted conditions; however, wireless communications and support
structures and related equipment used on a temporary basis in conjunction
with a special event, emergency situation, or equipment failure are not required
to obtain a Specific Use Permit nor subject to the above -noted requirements
but shall be required to obtain any and all permits as required by the Town. In
no event shall any temporary wireless communications and support structures
related to a special event, emergency situation, or equipment failure be
maintained for more than sixty (60) days except with the express written
approval of the Director of Development Services or designee, for any
extension of time."
SECTION 4
From and after the effective date of this Ordinance, the term and associated
definition of "Antenna, Commercial" contained within existing Subsection 2.2 of Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning
Ordinance, as amended, is hereby repealed in its entirety and replaced with the following
new terms and associated definitions to read as follows:
"Wireless Communications and Support Structures - An antenna and its
supporting structures, and any appurtenances intended for transmitting or receiving
electromagnetic waves, digital signals, analog signals, radio frequencies (excluding
radar signals), wireless telecommunications signals, data transmission, television
signals, or other or similar forms of electronic communication.
Ordinance No. 18-12, Page 2
Temporary Wireless Communications and Support Structures - Wireless
communications and support structures as defined in this Section intended to provide
service for a limited period of time per the conditions of a the regulating Specific Use
Permit or intended to provide service on a temporary basis in conjunction with a special
event, emergency situation, or equipment failure."
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. 18-12, Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN v�IVKpfp, TEXAS, ON THIS 23rd DAY OF JANUARY, 2018.
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-12, Page 4