12-17 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 12-17
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN
ORDINANCE NO. 10-010, SECTIONS 1.09(D)(2)(b)(3), 1.09(G)(5)(b), AND
1.09(0)(2)(b)(1); 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 ("Town Council")has investigated
and determined that Ordinance No. 10-010 (Sign Regulations) should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to regulate signs within Prosper and its
Extraterritorial Jurisdiction("ETJ");
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting
from the signs' distractions and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent nuisances;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a neat and orderly appearance
throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to create a means to safely identify a place of
business and the services available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general economic development
of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to support the general welfare of the citizens
and to maintain the historically small town atmosphere during a time of growth by providing for a means
to communicate information related to the non-residential community, civic activities and government;
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WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Pros er to create a ro riate and orderl commercial
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� and residential atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to enhance property values and psychological
well-being for individuals and families;
WHEREAS, Prosper has complied with all notices as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Ordinance No. 10-010 (Sign Regulations) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 10-010 (Si�n Regulations), Section
� 1.09(D)(2)(b)(3). Ordinance No. 10-010, Section 1.09(D)(2)(b)(3) is hereby amended to read as follows:
' 3. Minimum setback is fifteen(15)feet from the front, side, and rear property lines. The minimum
�� setback from the front property line may be reduced to one(1)foot for a monument sign located in
�, the City of Irving waterline easement adjacent to U.S. 380(University Drive).
SECTION 3: Amendment to Ordinance No. 10-010 (Si�n Re�ulations), Section
1.09(G)(5)(b). Ordinance No. 10-010, Section 1.09(G)(5)(b) is hereby amended to read as follows:
b. The minimum front ard setback for a unified develo ment si n is fifteen 15 feet from the ro e
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, line. The minimum setback from the front property line may be reduced to one (1)foot for a unified
� development sign located in the City of Irving waterline easement adjacent to U.S. 380 (University
Drive).
SECTION 4: Amendment to Ordinance No. 10-010 (Si�n Re�ulations), Section
1.09(0)(2)(b)(1). Ordinance Na 10-010, Section 1.09(0)(2)(b)(1) is hereby amended to read as follows:
1. Minimum setback is fifteen(15)feet from the adjacent street right-of-way. The minimum setback
from the street right-of-way may be reduced to one(1)foot for a wood frame sign located in the City
of Irving waterline easement adjacent to U.S. 380 (University Drive).
SECTION 5: Penaltv Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
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Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall
not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6: Savin�s/Repealing Clause. Ordinance No. 10-010 shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ardinance shall remain in full force and effect.
SECTION 7: Severabilitv. 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.
Prosper 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 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 26th day of June, 2012.
���Q,���eia�o�e��
f��.ey�.,� O�'���h;r� �°�j� APPROVED AS TO FORM:
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� �'�' m� e
A.a� � • � �
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� ; � * e Ray Smit , Mayor
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�i��-1'��',D TeQ��AND
C��j�G��RECORDED BY:
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Amy Piukana, own ecretary
DATE OF PUBLICATION.• �—��— �� , Prosper Press
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