2020-33 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-33
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3.14.003, "DEFINITIONS," OF ARTICLE 3.14,
"SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY AMENDING THE
DEFINITION OF "CHANGEABLE ELECTRONIC MESSAGE/READER
BOARD COMPONENT OR SIGN (CEMS)" AND ADDING A DEFINITION OF
"RESIDENTIAL REAL ESTATE SIGNS"; AMENDING SUBPART (1),
"RESIDENTIAL SIGN," OF SUBSECTION 2, "FREESTANDING SIGNAGE,"
OF SECTION 3.14.012, "CRITERIA FOR PERMISSIBLE SIGNS," OF
ARTICLE 3.14, "SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF
THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY
ADDING CERTAIN REGULATIONS AND RESTRICTIONS FOR
RESIDENTIAL REAL ESTATE SIGNS IN A NEW PARAGRAPH (vi),
ENTITLED "REGULATIONS FOR RESIDENTIAL REAL ESTATE SIGNS";
MAKING FINDINGS; PROVIDING FOR SEVERABILITY, SAVINGS AND
REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, the Town Council of the Town has determined that certain restrictions
relative to residential real estate signs, as constitutionally -protected commercial speech, are
advisable and the regulations referenced in this Ordinance are consistent with recent Supreme
Court jurisprudence, is in the best interests of the citizens of the Town and will promote the public
health, safety and general welfare; and
WHEREAS, the Town has a compelling interest in allowing temporary real estate signs
since (1) such signs promote a flow of truthful and legitimate commercial information to
consumers to enable them to make important decisions about where to live and how to raise
families, as noted in Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85 (1977);
(2) real estate signs further the critical public goal of guaranteeing equal access to housing and
the Town has a compelling interest in eradicating housing discrimination, as noted in Swanner
v. Anchorage Equal Rights Comm'n, 874 P.2d 274, 282-83 (Alaska 1994), cert. denied, 513
U.S. 979 (1994); (3) real estate signs are vital in communities facing housing shortages and
provide quick, relevant information to those seeking housing; (4) real estate signs promote
economic activity in a community, often including an expansion of the tax base; (5) real estate
signs serve substantially different purposes than other temporary signs that are not commercial
in nature; and (6) real estate signs are content -neutral, are generally located on property only
while a residence is on the market, and do not implicate First Amendment rights such as those
related to political speech and other similarly protected forms of communication; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the residential real estate signage regulations referenced in this Ordinance will
Ordinance No. 2020-33, Page 1
promote the orderly, safe and efficient growth of the Town and the Town's extraterritorial
jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Section 3.14.003,
"Definitions," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of the Code of
Ordinances of the Town of Prosper, Texas, is hereby amended by amending the definition of
"changeable electronic message/reader board component or sign (CEMS)" and adding a
definition of "residential real estate signs," to read as follows:
"Sec. 3.14.003 Definitions
Changeable electronic messy elreaderboard com anent or si n (CEMS). A permanent sign, a
portion of a permanent sign or a residential real estate sign designed to allow wording or images
to be changed at periodic intervals, either manually or electronically, and is operated whereby
light is turned on and off intermittently. This definition includes any illuminated sign in which such
illumination is not kept stationary or constant in intensity and color at all times when said sign is
in use, including a light emitting diode ("LED") or digital sign. A term "changeable electronic
message/reader board sign" does not include a sign located within the right-of-way that functions
as a traffic control device and that is described and identified in the Manual on Uniform Traffic -
Control Devices approved by the Federal Highway Administrator as the national standard.
Residential real estate sign. A temporary sign placed on property indicating that a home or
residential property is for sale, rent or lease."
SECTION 3
From and after the effective date of this Ordinance, existing Subpart (1), "Residential
Sign," of Subsection 2, "Freestanding Signage," of Section 3.14.012, "Criteria for Permissible
Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of the Code of Ordinances
of the Town of Prosper, Texas, is hereby amended by adding certain regulations and restrictions
for residential real estate signs in a new paragraph (vi), entitled "Regulations for Residential Real
Estate Signs," to read as follows:
Ordinance No. 2020-33, Page 2
"Sec. 3.14.012 Criteria for permissible signs
The following signs are permissible, subject to the following conditions listed in Section 3.14.008
of this article. Signs that do not comply with the following conditions and specifications or are
not covered within this article are considered prohibited.
(2) Freestanding signage.
(1) Residential sign.
(vi) Regulations for Residential Real Estate Signs. Notwithstanding
anything herein to the contrary, residential real estate signs shall
be subject to the following criteria:
a. Maximum effective sign area: Twenty square feet (20 sq.
ft.).
b. Maximum height: Five feet (6).
C. Maximum number of signs: One (1) per lot.
d. Lighting may be either internal or external. If external
lighting is utilized, each side of a sign may be illuminated by
a light powered by a solar battery or similar battery/source
of illumination.
e. All lighting shall comply with the currently adopted National
Electrical Code. Any electrical work shall require a permit.
No sign or associated luminaire shall create light spillover of
more than 0.1 foot-candle at any property line within or
bounding a residential use or residential district.
g. A light emitting diode (LED) or digital sign may be utilized
on one (1) or both sides of a sign relative to the particular
property that is for sale, for rent or for lease.
h. No light emitting diode (LED) or digital residential real estate
sign shall be located closer than fifteen feet (15') from a
sidewalk, and if there is no sidewalk, no closer than twenty
feet (20') from the edge of the street pavement. Any other
externally illuminated residential real estate sign, in which
the light source is solar -powered or battery -powered, shall
be located no closer than five feet (5) from a sidewalk, and
Ordinance No. 2020-33, Page 3
if there is no sidewalk, no closer than ten feet (10') from the
edge of street pavement.
Any sign that is either externally illuminated or internally
illuminated, including LED or digital signs, shall be
illuminated only between the hours of 8:00 a.m. and 8:00
p.m.
F y
SECTION 4
As authorized by Chapter 216 of the Texas Local Government Code, as amended, and
other applicable law, the Town Council of the Town of Prosper hereby extends to the
extraterritorial jurisdiction of the Town the application of the Sign Ordinance incorporated and
referenced herein, to the extent authorized by said Chapter.
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. The Town
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
Ordinance No. 2020-33, Page 4
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
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; 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. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 7
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 8
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28th DAY OF APRIL, 2020.
Ray Smith, Mayor
ATTEST:
Melissa Lee, Tow ecretary O'F'P ►.,��/
APPROVED AS TO FORM AND LEGALITY: . -•
Terrence S. Welch, Town Attorney y • -7914
Ordinance No. 2020-33, Page 5