2020-41 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-41
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION (6), "FENCES OR LOW WALLS LOCATED
IN THE REQUIRED FRONT YARD OF A RESIDENTIAL DISTRICT," AND
SUBSECTION (13), "ALTERNATE MATERIALS," OF SECTION 3.19.001,
"GENERAL REGULATIONS," OF ARTICLE 3.19, "FENCE REGULATIONS,"
OF CHAPTER 3, "BUILDING REGULATIONS," OF THE TOWN'S CODE OF
ORDINANCES, BY AUTHORIZING THE TOWN MANAGER TO APPROVE
ALTERNATE MATERIALS FOR FENCES AND LOW WALLS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to amend its current fence regulations to allow
the Town Manager to approve front yard fences in residential districts and alternate materials
for fences and low walls, as referenced in Article 3.19, "Fence Regulations," of Chapter 3,
"Building Regulations," of the Town's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Subsection (6), "Fences or Low Walls
in the Required Front Yard of a Residential District," and Subsection (13) of Section 3.19.001,
"General Regulations," of Article 3.19, "Fence Regulations," of Chapter 3, "Building Regulations,"
of the Town's Code of Ordinances is hereby amended to read as follows:
"ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 General Regulations
(6) Fences or Low Walls in the Required Front Yard of a Residential District. Fences or low
walls located in the required front yard of any residential district or any residential lot shall
be subject to the following approval process and meet the following standards:
(A) The Town Manager may approve a request for a fence or low wall in the required
front yard. An application for Town Manager consideration of a fence or wall in
the required front yard shall be submitted on a form supplied by the Department
of Development Services.
(B) The denial of an application by the Town Manager may be appealed to the Town
Council for consideration. The decision of the Town Council shall be final.
(C) Fences shall have a minimum of fifty percent (50%) through vision and shall not
exceed eight feet (8') in height.
(D) Low, solid walls shall be subject to the following criteria:
(i) Shall not exceed three feet (3') in height;
(ii) Shall be constructed of clay -fired brick, natural stone or manufactured
stone;
(iii) Shall not be constructed of concrete block, split faced concrete block or
stucco; and
(iv) Shall not be painted.
(13) Alternate Materials. The Town Manager may approve alternate materials for fences and
low walls. An application for Town Manager consideration of an alternate fence or low
wall material shall be submitted on a form supplied by the Department of Development
Services. The decision of the Town Manager to not approve alternate materials for fences
or low walls may be appealed to the Town Council."
SECTION 3
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 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town
retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Ordinance No. 2020-41, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 12t' DAY OF MAY, 2020.
Ray SmIt , Mayor
ATTEST:
Melissa Lee, Tow) Secretary `�� OF Pi? 1/,
APPROVED AS TO FORM AND LEGALITY: �; • C�
l91 4
Terrence S. Welch, Town Attorney ill,• • .
Ex As
Ordinance No. 2020-41, Page 3