O-2023-64 Amending Town's Zoning Ordinance Subpart (E) Subsection 7.11 Amoritization Noncomforming Uses - SB 929TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-64
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING SUBPART (E) OF SUBSECTION 7.11,
"AMORTIZATION OF NONCONFORMING USES OR STRUCTURES,"
OF SECTION 7, "NONCONFORMING USES AND STRUCTURES," OF
CHAPTER 1, "GENERAL PROVISIONS, ADMINISTRATION AND
PROCEDURES," OF THE TOWN'S ZONING ORDINANCE, BY
PROVIDING FOR AMORTIZATION PROCEDURES CONSISTENT WITH
SENATE BILL 929; AMENDING SUBPART (A), "ZONING CHANGES,"
OF SUBSECTION 8.2, "PUBLIC HEARING AND NOTICE," OF SECTION
8, "CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCEDURES," OF
CHAPTER 1, "GENERAL PROVISIONS, ADMINISTRATION AND
PROCEDURES," OF THE TOWN'S ZONING ORDINANCE, BY
PROVIDING FOR NOTICES RELATIVE TO A CHANGE IN A ZONING
REGULATION THAT COULD RESULT IN A NONCONFORMING USE,
CONSISTENT WITH SENATE BILL 929; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 88th Legislature recently passed Senate Bill 929 relative to
nonconforming uses of property and notice to property owners, and it is the desire of the
Town Council to fully comply with such legislation; and
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, Subpart (E) of Subsection 7.11,
"Amortization of Nonconforming Uses or Structures," of Section 7, "Nonconforming Uses
and Structures," of Chapter 1, "General Provisions, Administration and Procedures," of the
Town's Zoning Ordinance is hereby amended to read as follows:
"E. The Board of Adjustment shall, in accordance with Section 211.019 of the Texas
Local Government Code, as amended, utilize the procedures and owner or lessee
compensation criteria contained in said Section in the event the Town determines
that a nonconforming use of property shall cease."
SECTION 3
From and after the effective date of this Ordinance, Subpart A, "Zoning Changes,"
of Subsection 8.2, "Public Hearing and Notice," of Section 8, "Changes and Amendments
to all Zoning Ordinances and Districts and Administrative Procedures," of Chapter 1,
"General Provisions, Administration and Procedures," of the Town's Zoning Ordinance is
hereby amended to read as follows:
"8.2 PUBLIC HEARING AND NOTICE
A. Zoning Changes.
Prior to making its report to the Town Council, the Planning and
Zoning Commission shall hold at least one public hearing on each
application. Prior to the tenth day before the hearing date before
the Planning and Zoning Commission, written notice of each
public hearing before the Planning and Zoning Commission on a
proposed change in a zoning classification shall be sent to each
owner, as indicated by the most recently approved municipal tax
roll, of property within 200 feet of the property in which the change
in classification is proposed. The notice may be served by its
deposit in the municipality, properly addressed with postage paid,
in the United States mail. Notice of Town Council hearing shall be
given by publication in the official newspaper of the town, stating
the time and place of such hearing, a minimum of 15 days prior to
the date of the public hearing.
2. In addition to the foregoing notice, the Town shall provide written
notice of each public hearing regarding any proposed adoption of
or change to a zoning regulation or boundary under which a current
conforming use of a property is a nonconforming use if the
regulation or boundary is adopted or changed. The notice shall:
(a) be mailed by United States mail to each owner of real or
business personal property where the proposed
nonconforming use is located as indicated by the most
recently approved municipal tax roll and each occupant of
the property not later than the 10th day before the hearing
date;
(b) contain the time and place of the hearing; and
(c) include the following text in bold 14-point type or larger:
"THE TOWN OF PROSPER IS HOLDING A HEARING
THAT WILL DETERMINE WHETHER YOU MAY LOSE
THE RIGHT TO CONTINUE USING YOUR PROPERTY
FOR ITS CURRENT USE. PLEASE READ THIS NOTICE
CAREFULLY."
Ordinance No. 2023-64, Page 2
SECTION 4
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.
SFCTION 5
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 6
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 7
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.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF SEPTEMBER, 2023.
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2023-64, Page 3
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