18-93 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-93
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY AMENDING SUBSECTION 1.4(12), "ANTENNA, STEALTH," OF
SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT STANDARDS,"
OF SECTION 1, "USE OF LAND AND BUILDINGS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," AND AMENDING
SUBSECTION 2.2 OF SECTION 2, "DEFINITIONS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," BY AMENDING THE
DEFINITION OF "ANTENNA, STEALTH"; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING A PENALTY; 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, Subsection 1.4(12),
"Antenna, Stealth," of Subsection 1.4, "Conditional Development Standards," of Section
1, "Use Of Land And Buildings," of Chapter 3, "Permitted Uses And Definitions," of the
Town's Zoning Ordinance, is hereby amended, to read as follows:
"1.4 Conditional Development Standards
12. Antenna, Stealth
a) Stealth antennas are permitted by right in the residential districts only as
a secondary use when the primary use on the lot is a church, school, or
athletic stadium or field.
b) Stealth antennas are permitted by right in the non-residential districts.
Ordinance No. 18-93, Page 1
c) The Director of Development Services, or his /her designee, may approve
a request to install a stealth antenna when the proposed stealth antenna
is of a type that is specifically listed in the definition of Antenna, Stealth in
Chapter 2, Section 1.2.
d) For stealth antenna requests of a type that are not specifically listed in
this definition, the Town Council may determine if a proposed commercial
antenna is a stealth antenna or not when considering site plan approval
for the proposal."
SECTION 3
From and after the effective date of this Ordinance, Subsection 2.2 of Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," by Amending the Definition
of "Antenna, Stealth," of the Town's Zoning Ordinance, as amended, to read as follows:
"2.2
Antenna, Stealth - A commercial antenna and its support structure that is
designed to be non -obtrusive, or virtually transparent or invisible to the
surrounding neighborhood. Stealth Antennas include, but are not limited to:
• Antennas within a building's attic space;
Antennas on the roof of a minimum three-story building and not visible
from the property line of the lot on which the antenna is located; or
• Antennas located within a structure such as a flagpole, church steeple,
subdivision monument, clock tower, or similar architectural feature, and
Antennas located on an athletic field light pole."
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.
SECTION 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.
Ordinance No. 18-93, Page 2
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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEX►1
�� ON THIS 13TH DAY OF NOVEMBER, 2018.
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Robyn B le, own Secreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-93, Page 3