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84-17 O - Council Action for New Developments in City Limits .fir • ORDINANCE NO. gY"'17 AN ORDINANCE REQUIRING THE APPROVAL OF CITY COUNCIL FOR NEW DEVELOPMENTS WITHIN THE LIMITS OF THE CITY OF PROSPER, TEXAS, AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PROSPER, TEXAS, AND DECLARING EMERGENCY. WHEREAS, the City Council of the City of Prosper, Texas is considering the passage of a comprehensive zoning ordinance, and; WHEREAS, under the existing law land owners, users or developers may acquire rights inconsistent with the proposed new zoning ordinance prior to its passage, and; WHEREAS, it would be in the best interest of the City to adopt a comprehensive zoning plan with as few exceptions as possible, and; WHEREAS, the City of Prosper wishes to encourage orderly develop- 410 ment for the good of the City, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, Section 1. From and after the effective date of this ordinance no change in the use of land located within the City of Prosper, Texas, or the extraterritorial jurisdiction of the City of Prosper, Texas, may occur without the prior approval of the City Council of the City of Prosper, Texas. Section 2. Any person wishing to build, alter, remove or otherwise change the use or character of any structure located within the City of Prosper, Texas or its extraterritorial jurisdiction or change the nature of the use of any land located in the same area shall, prior to doing so, make application to the City Council of the City of Prosper, Texas, for approval of such action. City Council shall act upon such request for approval not later than ten ( 10) days after the filing of such request with the City Secretary. If Council fails to act within such ten ( 10) day period, such request shall be deemed approved. City Council shall approve any such request if, in the opinion of City Council, such request is consistent with the proposed comprehensive zoning ordinance or if Council otherwise determines that such request would be beneficial to the City. City Council may disapprove any request only if the action 110 proposed to be taken is or may be in conflict with the compre- hensive zoning ordinance under consideration, or would be unduly burdensome on City services or would, in the opinion of Council , not be in the best interests of the City of Prosper, Texas. Section 3. This ordinance shall automatically be void and of no fur- ther force and effect from and after the effective date of an ordinance establishing a comprehensive zoning plan for the City of Prosper, Texas, if passed, or ninety ( 90) days from the effective date hereof, whichever is earlier. Section 4. Any violation of this ordinance shall be deemed a continu- Cing violation and shall be punishable by a fine not to exceed $200.00 for each and every day such violation continues. Section 5. The establishment of an orderly pattern of development within the City of Prosper, Texas is essential to the public health, safety and welfare of the citizens of the City of Prosper, Texas, and there being substantial danger that development inconsistent with the goals of the City may be established prior to the adoption of the zoning ordinance, it is hereby declared that such possibility creates a grave public need and public necessity and creates an emer- gency, and this ordinance shall therefore take effect immediately (11, upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, THIS ip day of Qak L , 1984. yor ATTEST: ty Secret y