09-093 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-093
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTIONS 2.6(A), 5.2(L), 9.8(A), AND 9.18 OF ZONING
ORDINANCE NO. 05-20; 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 determined
that Chapter 4, Sections 2.6(A), 5.2(L), 9.8(A) and 9.18 of the Town of Prosper, Texas ("Prosper")
Zoning Ordinance No.05-20 should be amended; 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. 05-20 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. 05-20. Chapter 4, Sections 2.6(A),
5.2(L), 9.8(A) and 9.18 of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to
read as follows:
Chapter 4,Section 2.6
2.6 LANDSCAPE AREA REQUIREMENTS:
A. Single Family,Two Family(Duplex),Town Home, and Mobile Home Landscape Area
Requirements
1. Trees selected from the Large Tree list in Section 2.7 below shall be planted on all
Single-Family Detached, Two Family (Duplex), and Town Home lots. Trees shall be
planted to meet the total number of caliper inches referenced in the table below.
Required trees shall not be smaller than three(3) caliper inches. A minimum of one (1) -
four(4) caliper inch tree shall be located in the front yard of all residential lots less than
7,000 square feet in size. A minimum of two (2) - four (4) caliper inch trees shall be
located in the front yard of all residential lots 7,000 square feet in size and larger. The
remaining required Large Trees may be placed in the front or rear of the residential lot.
The total caliper inches of Large Trees and number of shrubs are.required as shown in the
table below.
Size of Lot(sq. ft) Caliper Inches Number of Shrubs
2,500 -6,999 4 12
7,000- 8,999 8 15
9,000- 19,999 11 20
20,000+ 14 25
1
2. Ground cover shall be planted in the front, side, and rear yards of all residential lots.
Ground cover includes, but is not limited to: grasses, shrubs, mulched planter beds, and
hardscape.
3. Required shrubs shall be a minimum of three(3) gallon in size when planted and shall be
planted in the front yard of all residential lots.
4. All landscaping required above shall be planted prior to issuance of the certificate of
occupancy on the dwelling.
Chapter 4,Section 5.2 (L)
L. Air conditioning units and pool equipment shall be entirely screened from view from adjacent
public right-of-way by a living screen consisting of evergreen shrubs, a solid privacy fence,
or through building orientation.
Chapter 4,Section 9.8 (A)
A. The exterior facades of a main building or structure, excluding glass windows and doors, in
the A, SF,DTSF,DTO,2F,and TH Districts shall be constructed of one hundred(100)
percent masonry, unless otherwise specified in this Ordinance. Cementatious fiber board is
considered masonry, but may only constitute fifty(50)percent of stories other than the first
story. However, cementatious fiber board may not be used as a façade cladding material for
portions of upper stories that are in the same vertical plane as the first story. In the DTSF and
the DTO District, cementatious fiber board may be used on up to ninety(90)percent of a
structure. Cementatious fiber board may also be used for architectural features, including
window box-outs, bay windows,roof dormers,garage door headers, columns, chimneys not
part of an exterior wall, or other architectural features approved by the Building Official.
The roof pitches of a main building or structure, including garages, in the A, SF,DTSF,
DTO,2F, and TH Districts shall meet the following roof pitch standards. A minimum of
sixty-five percent(65%)of the surface area of composition roofs shall maintain a minimum
roof pitch of 8:12. A minimum of seventy-five percent(75%)of the surface area of clay tile,
cement tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of
3:12. Wood roof shingles are prohibited.
Chapter 4,Section 9.18
Mail boxes shall be consistent throughout a subdivision and should be constructed of masonry or
ornamental metal,unless otherwise required by the United States Postal Service.
SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 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. Any remaining portions of
said ordinance shall remain in full force and effect.
2
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 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: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, 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 7: 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 l 1`h day of August, 2009.
APPROVED RM:
Charles iswanger,Mayor
ATTE _! O A
C• '11 _ ' : ORDED B . :
„,.A
' M hew D.Denton,TRMC
T•wn Secretary
DATE OF PUBLICATION: 416/4.<7' 28 C , Dallas Morning News—Collin County
Addition
00%111111111,
•°‘ OF PRr) #/#®
A •• ` :�
•
*I •
4i
/ •• .•
ii''''11/E�XAS,�®`�>
3
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Mert
Tezkol, 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 on:
August 28, 2009
(Mert Tezkol)
Sworn to and subscribed before me this August 28, 2009
,,,,,,,,,,,
• (Notary Public)
`,.o��!:YP�e; LYNDA F. BLACK
r "= Notary Public,State of Texas
My Commission Expires
May 27,2013