97-14 O - Ordinance Amending No. 84-16 (Section 10) to Increase the Minimum Dwelling Areas 1
CITY OF PROSPER, TEXAS ORDINANCE NO. 97-14
AN ORDINANCE OF THE CITY OF PROSPER, TEXAS AMENDING
PROSPER'S COMPREHENSIVE ZONING ORDINANCE NO. 84-16, BY
AMENDING A PORTION OF SECTION 10 (AREA REGULATIONS), TO
EFFECT AN INCREASE IN THE MINIMUM DWELLING AREAS;
PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND FOR
A PENALTY FOR THE VIOLATION THEREOF; 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 City Council for the City of Prosper (City Council"), has investigated and
determined that it would be advantageous and beneficial to the citizens of the City of Prosper
("Prosper"), and will be for the purpose of benefitting the public generally, to amend Section 10
of Prosper's Zoning Ordinance No. 84-16 by increasing the minimum dwelling area for the zoning
classifications of A, SF-E, SF-E (5), SF-E (4), SF-E (3), SF-E (2), SF-E (1), SF-1, SF-2, and
( SF-3; and
WHEREAS, Chapter 211 of the Texas Local Government Code.,regulates Municipal
Zoning Authority, and the City Council finds that all notices and hearings as required by statute
and other applicable law have been performed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS:
SECTION 1: That Prosper's Zoning Ordinance No. 84-16, Section 10, is hereby amended
as follows:
SECTION 10: AREA REGULATIONS
Minimum Dwelling Area
Minimum enclosed heated living area per dwelling unit shall be as follows:
ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE S4-16, SECTION 1.0(MINIMUM DWELLING AREA)-Page.1
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2800 square feet in SF-E (5)
2600 square feet in SF-E (4)
2400 square feet in SF-E (3)
2200 square feet in SF-E (2)
2000 square feet in SF-E (1)
1800 square feet in "A" and "SF-E"
1600 square feet in "SF-1"
1400 square feet in "SF-2"
1200 square feet in "SF-3"
SECTION 2: Prosper's Zoning Ordinance No. 84-16 shall remain in full force and effect,
save and except as amended by this or any other Ordinance.
SECTION 3: Any person, firm, corporation or business entity violating this Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall-not precludeProsper fromrfiling.suit to enjoin the violation.-.. Prosper retains all legal rights
and remedies available to it pursuant to local, state and federal law.
SECTION 4: 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.
SECTION 5: 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,
ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE 84-I6, SECTION 10(MINIM al DWELLING AREA)-Page 2
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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 6: This Ordinance shall take effect immediately from and after its passage and
publication in accordance with the laws of this state, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, on this 9th clay of SEPTEMBER , 1997.
n' r
S jJ EN COFFM
Mayor
ATTEST: APPROVED AS TO FORM:
j
.SH RLEY A S ABERNATHY, ROEDER, ROBERTSON
City Secretary BOYD & JOPLIN, P.C.
Richard M. Abernathy
D. Kay Woods
City Attorneys
DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE: SEPTEMBER 15, 1997
ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE 8.1-16, SECTION 10(MINIMUM DWELLING AREA)-Page 3
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PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN,
On this day personally appear9JJ before the undersigned authority
one of the publisher' THE DAILY COURIER-GAZETTE published at
• McKinney,Texas,who on oath says that the notice hereto annexed was
• published in said newspaper.
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on the i5
- day of. 19.97
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Notary Public, Collin County, Texas
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PUBLISHER S AFFIDAVIT: Jr-
THE STATE OF TEMS
COUNTY OF COLLIN, „
• On this day personally appear d before the undersigne-d
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• one of the publisher' fci THE DAILY COURIER-GAZETTE published at
• McKinney,Texas,who on oath says that the notice hereto annexed was
published in said newspaper.
on the • 72-A-see--- day of 19 97
ori • '1- ---- day of 19
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Publisher
ScOm alid7slibsdribed before me this „i71 day of2wp,-11
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Notary Public, Collin County, Texas