03-61 - O TOWN OF PROSPER, TEXAS ORDINANCE NO 03-61
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 3 (CLASSIFICATION OF ZONING DISTRICTS), SECTION 9 (USE
OF LAND AND BUILDINGS), SECTION 9.F (DEFINITIONS AND
EXPLANATIONS RELATED TO USE SCHEDULES), AND SECTION 25
(GENERAL DEFINITIONS); AND CREATING SECTION 13 (DEVELOPMENT
STANDARDS AND REGULATIONS FOR ANTENNAS) OF ZONING
ORDINANCE NO. 84-16; PROVIDING 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 Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that Section 3 (Classification of Zoning Districts), Section 9 (Use of
Land and Buildings), Section 9.F (Definitions and Explanations Related to Use Schedules), and
Section 25 (General Definitions) of the Town of Prosper, Texas ("Prosper") Zoning Ordinance
No. 84-16 should be amended; and Section 13 (Development Standards and Regulation for
Antennas) of Prosper's Zoning Ordinance No. 84-16 should be created; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 84-16 as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 3.1.10.6.5
of Prosper's Zoning Ordinance No. 84-16 is hereby amended to read as follows:
SECTION 3: CLASSIFICATION OF ZONING DISTRICTS
1.10.6.5 Satellite dishes, antennas and cellular equipment shall be screened from rights-of-
way and adjacent properties.
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SECTION 3: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9 (Use of
Land and Buildings) of Prosper's Zoning Ordinance No. 84-16 is hereby amended to delete the
use of "Radio, Television, or Microwave Tower" and its associated permitted districts, and to
add the following uses and provide permitted districts for them as follows:
SECTION 9: USE OF LAND AND BUILDINGS
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UTILITY AND SERVICE USES
ANTENNA,
NON- • • • • • • • • • • • • • • • • • •
COMMERCIAL
ANTENNA, S S S S S
COMMERCIAL
ANTENNA,
STEALTH • • • • • • • • • • • • • • • • • •
SECTION 4: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9.F
(Definitions and Explanations Related to Use Schedules) of Prosper's Zoning Ordinance No. 84-
16 is hereby amended to delete the definition for "Radio, Television, or Microwave Tower" and
to add definitions for "Antenna, Non-Commercial", "Antenna, Commercial", and "Antenna,
Stealth" to read as follows:
SECTION 9.F: DEFINITIONS AND EXPLANATIONS RELATED TO USE SCHEDULES
(75) Antenna, Non-Commercial An antenna and its support structure not exceeding forty-
five (45) feet in height above the ground elevation at the base of the support structure,
designed for transmitting or receiving any portion of the radio, microwave, or
electromagnetic spectrum. This definition shall also include a satellite dish antenna not
to exceed twelve (12) feet in diameter.
(76) Antenna, Commercial An antenna and its support structure used for commercial
broadcasting or telecommunication purposes. This definition shall also include a
satellite dish exceeding twelve feet (12') in diameter and a microwave-transmitting tower.
All radiating equipment must comply with Federal Communications Commission (FCC),
Environmental Protection Agency (EPA), Occupational Health and Safety Administration
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(OSHA), and all other applicable State and Federal regulatory agency requirements and
guidelines for human safety, as they exist or may be amended.
(77) 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,
• Antennas on a public utility structure, such as a water tower or high
transmission line support tower, and painted to match the structure,
• 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 5: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 13
(Development Standards and Regulations for Antennas) of Prosper's Zoning Ordinance No. 84-
16 is hereby created to read as follows:
SECTION 13: DEVELOPMENT STANDARDS AND REGULATIONS FOR ANTENNAS
A. Stealth Antennas
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, athletic stadium or field, or public utility
structure. Stealth antennas are permitted by right in the non-residential districts. The
Director of Planning 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 Section 9.F. 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.
B. Satellite Dishes and Wireless Broadband Antennas
1. In the A, SF-E, SF-1, SF-2, SF-3, 2F, and MH districts, satellite dishes and wireless
broadband antennas are permitted only on the back half of a residential structure or in
the back yard of a residential lot unless a signal cannot be received in these areas.
Should a satellite dish or wireless broadband antenna be placed somewhere other than
on the back half of a residential structure or in the back yard of a residential lot, it shall
be limited to not more than two (2) feet in diameter. Only three (3) satellite dishes and/or
wireless broadband antennas shall be permitted per lot or primary structure. One (1) of
the three (3) satellite dishes and/or wireless broadband antennas on a residential
structure and/or lot may be up to twelve (12) feet in diameter. The other two (2) satellite
dishes and/or wireless broadband antennas shall not exceed two (2) feet in diameter.
2. In the SF-A, MF-1, and MF-2 districts, satellite dishes and wireless broadband antennas
are permitted only on the back half of a residential structure or in the back yard of a
residential lot unless a signal cannot be received in these areas. Should a satellite dish
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or wireless broadband antenna be placed somewhere other than on the back half of a
residential structure or in the back yard of a residential lot, it shall be limited to not more
than two (2) feet in diameter. Only three (3) satellite dishes and/or wireless broadband
antennas shall be permitted per residential unit. One (1) of the three (3) satellite dishes
and/or wireless broadband antennas on a residential unit may be up to twelve (12) feet
in diameter. The other two (2) satellite dishes and/or wireless broadband antennas shall
not exceed two (2) feet in diameter.
C. Non-commercial antennas shall not interfere with radio or television reception of adjoining
property owners, and shall comply with all regulations of the Federal Communications
Commission (FCC). In no case shall the height of such antennas exceed forty-five feet (45')
and proper guy wire securement shall be followed. In no manner shall the use of such
equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess
of fifty (50) pounds shall be approved by a registered architect or professional engineer by
written letter to the building official, prior to installation, stating the antenna's stability and
support and shall not extend more than six feet (6') above the first story.
D. No commercial antenna shall be located within a distance equal to or less than the height of
such tower from any residential structure or from any area zoned residential, or shown as
residential on the current Future Land Use Plan. Such distance shall be measured in a
straight line from the closest point of the tower to the closest point of such area or residential
structure. This requirement does not apply to a stealth antenna.
E. Additional antennas may be placed on a commercial antenna tower with an existing Specific
Use Permit without approval of a separate Specific Use Permit subject to approval of a final
plat and site plan (as necessary) for the property.
SECTION 6: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 25 (General
Definitions) of Prosper's Zoning Ordinance No. 84-16 is hereby amended to add definitions for
"Antenna" and "Antenna Support Structure" to read as follows:
SECTION 25: GENERAL DEFINITIONS
59. Antenna An instrument or device consisting of wires, poles, rods, or reflecting discs,
designed for transmitting or receiving any portion of the radio, microwave, or
electromagnetic spectrum.
60. Antenna Support Structure Any tower, mast, pole, tripod, box frame, or other structure
utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic,
radio, television, or microwave signals.
SECTION 7: Savings/Repealing Clause: 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. 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
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repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
SECTION 8: 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
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 9: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance or any provision of Prosper's 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 10: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 18th day of November, 2003.
APPROVED AS T RM:
Charles Ni nger, ayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jenn. , Town S c etary
DATE OF PUBLICATION:/4 UVG f c vC,• )(r Dallas Morning News—Collin County Addition
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
TOWN OF PROSPER
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
TOWN OF PROSPER, TEXAS November 22, 2003
ORDINANCE NO. 03-81 November 24, 2003
AN ORDINANCE OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3 (CLASSIFICATION
OF ZONING DISTRICTS),SECTION 9(USE OF LAND
AND BUILDINGS), SECTION 9.F(DEFINITIONS AND
EXPLANATIONS RELATED TO USE SCHEDULES),
AND SECTION 25 (GENERAL DEFINITIONS); AND
CREATING SECTION 13 (DEVELOPMENT STAN-
DARDS AND REGULATIONS FOR ANTENNAS) OF
ZONING ORDINANCE NO.84-16;PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDI-
NANCE; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES;PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PRO-
VIDING FOR THE PUBLICATION OF THE CAPTION / / C,�. ,f
HEREOF. v✓
(Lynda Black)
Sworn to and subscribed before me this December 3, 2003, A.D
/ • / / /
(Lisa Batten Meld)
4 (Ps E7