18-76 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-76
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING 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 PROVISIONS FOR
ZONING SIGNS; 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, Paragraph C. of existing
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:
"C. Zoning Signs: A zoning sign is a sign erected to publicize the request for zoning or
rezoning of a property. Zoning signs are permissible subject to the following
conditions:
Time —
a. The property owner or his/her representative shall erect the sign on the
property ten (10) days prior to the first public hearing scheduled to discuss
the applicable zoning case. The property owner shall be responsible for
maintaining the sign on the property throughout the entire zoning case.
Ordinance No. 18-76, Page 1
b. The property owner or his/her representative must provide verification with a
photograph that the zoning sign is in place ten (10) days prior to the first
public hearing meeting date.
c. The property owner or his/her representative must remove the sign within
three (3) days after the Town's approval of the ordinance rezoning the
property or after the Town denies the request.
2. Place —
a. The sign(s) shall be placed in a location visible from all streets adjacent to the
property included in the zoning request. If the subject property does not have
existing street adjacency, no zoning sign shall be required.
b. Signs shall be located no greater than twenty (20) feet from front property
line, unless otherwise directed by the Director of Development Services or
his/her designee. Zoning signs are not permitted in the Right of Way.
3. Manner —
a. One (1) zoning sign shall be erected adjacent to each existing street frontage
of the property. For properties under three (3) acres and located at the
intersection of two (2) streets, one (1) zoning sign may be provided at the
intersection.
b. The area of a zoning sign shall be a minimum of sixteen (16) square feet.
c. The width of a zoning sign shall be a minimum of four (4) feet.
d. The sign shall be constructed in accordance with Prosper's design standards
for zoning signs, located in the Development Manual."
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.
Ordinance No. 18-76, Page 2
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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, ON THIS 25TH DAY OF SEPTEMBER, 2018.
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
APPROVED:
Ray S ith, Mayor
Ordinance No. 18-76, Page 3