O-2024-07 Amending Chapter 4 Section 5.2 Location of Required Screening for Trash and Recycling Collection AreasTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-07
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SUBPART E OF SUBSECTION 5.2, "LOCATION OF REQUIRED SCREENING,"
OF SECTION 5, "SCREENING FENCES AND WALLS," OF CHAPTER 4,
"DEVELOPMENT REQUIREMENTS," OF THE ZONING ORDINANCE OF THE
TOWN OF PROSPER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, after public notice and public hearing as required by law, the Planning &
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 & 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
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subpart E of Subsection 5.2,
"Location of Required Screening," of Section 5, "Screening Fences and Walls," of Chapter 4,
"Development Requirements," of the Zoning Ordinance of the Town of Prosper Texas, is hereby
amended to read as follows:
"CHAPTER 4 DEVELOPMENT REQUIREMENTS
SECTION 5. SCREENING FENCES AND WALLS
5.2 Location of required screening.
E. Trash and recycling collection area requirements are as follows:
1. Trash and recycling collection areas shall be located to minimize
visibility.
2. Trash and recycling collection areas shall not be located between a
building and street unless approved by the Director of Development
Services, or his/her designee.
3. Collection area enclosures shall contain permanent walls on three
sides with the service opening not directly facing any public right-
of-way or any residentially zoned property, unless setback a
minimum of 250 feet from the right-of-way or residentially zoned
property. The fourth side will incorporate a metal gate of a height
equal to the height of the wall to visually screen the dumpster or
compactor. The metal gate shall be closed at all times unless the
container(s) are being serviced.
4. Screening enclosures shall be visually and aesthetically
compatible with the overall project.
5. Trash and recycling receptacles shall be screened with a minimum
eight -foot clay fired brick or stone wall of sufficient height to
entirely screen the container(s) and of a color that is consistent
with the color of the primary building.
6. Trash compactors shall be screened with a minimum eight -foot
clay fired brick or stone wall of sufficient height to entirely screen
the container(s) and of a color that is consistent with the color of
the primary building.
7. Enclosure sizes and specifications shall be determined by the
Town's trash and recycling contractor, subject to approval by the
Director of Development Services, or his/her designee.
8. A row of Nellie R. Stevens Holly, or other evergreen species as
approved by the Director of Development Services, or his/her
designee, that is a minimum four feet in (4) height at the time of
planting and has a mature height of a minimum six feet (6'), shall
be planted in a minimum five-foot (5) wide landscaped area that
borders the three permanent walls of the enclosure. If this
required landscape area is located on the perimeter of the
property, the perimeter landscape area may be used towards this
requirement and will not need to be widened, provided that it is a
minimum five feet (5) in width and can accommodate the required
plantings. The required landscape area shall be irrigated.
Case No. ZONE-23-0025 Ordinance 2024-07, Page 2
9. The path used from the business door to the collection area
enclosure shall remain clear of debris and food residue at all
times."
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, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
[13=1 i trelm
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF JANUARY, 2024.
David F. Bristol, Mayor
ATTEST:
a1�s -% ivj&"'.k:
Michelle Lewis Sirianni, Town Secretary
Case No. ZONE-23-0025 Ordinance 2024-07, Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-23-0025 Ordinance 2024-07, Page 4