98-23 O - Amending Zoning Ordinance No. 84-16, Section 21 (Jurisdiction, No. 3) TOWN OF PROSPER, TEXAS ORDINANCE NO. 9 8 2 2 3
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AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
) PROSPER'S COMPREHENSIVE ZONING ORDINANCE NO. 84-16,
SECTION 21: BOARD OF ADJUSTMENT (JURISDICTION,NO. 3);
PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND 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 City Council of the Town of Prosper, Texas ("City Council")has
investigated and determined that Section 21: Board of Adjustment(Jurisdiction,No. 3) of the
Comprehensive Zoning Ordinance No. 84-16 of the Town of Prosper, Texas ("Prosper") should
be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS,the City Council finds that it will be advantageous,beneficial and in the best
interest of the citizens of Prosper to amend Ordinance No. 84-16 as set forth below:
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein. -
SECTION 2: Amendment to Comprehensive Zoning Ordinance No. 84-16. Section 21:
Board of Adjustment(Jurisdiction,No. 3) of Prosper's Comprehensive Ordinance No. 84-16 is
hereby amended to read as follows:
ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:ABANDONMENT OF VARIANCE-Page 1
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SECTION 21 BOARD OF ADJUSTMENT
JURISDICTION
3(e). Whenever a variance is abandoned, all rights granted by said variance
shall cease and the use of the premises shall thenceforth be in conformity
with this Ordinance. Abandonment shall involve the intent of the user or
owner to discontinue the right granted by the variance for a period of two
(2)months and shall be construed as conclusive proof of intent to abandon
the variance;provided however, any variance granted for a mobile home
which is moved from the premises shall be considered to have been
abandoned immediately upon its removal from the premises.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Prosper's Comprehensive Zoning Ordinance No. 84-
16, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined a 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 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 4: Savings/Repealing Clause. Prosper's Comprehensive Zoning Ordinance
No. 84-16 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.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:ABANDONMENT OF VARIANCE-Page 2
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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 6: Effective Date. This Ordinance shall become effective after its passage and
publication as required by law and the Charter of Prosper.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 29 day of SEPTEMBER 1998.
46 STEP O. COFFMAN,Mao
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
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SHIRLEY ACC SON ABERNATHY,ROEDER,ROBERTSON
City Secretary BOYD &JOPLIN,P.C.
RICHARD M. ABERNATHY
City Attorney
Date ofPutlication: OCTOBER 12 , 1998 ,McKinney Courier Gazette
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ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:ABANDONMENT OF VARIANCE-Page 3
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