09-117 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-117
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PARAGRAPH (A) AND SUBPARAGRAPH (6) OF PARAGRAPH (B) OF
SUBSECTION 7.3 (NONCONFORMING USES) OF SECTION 7
(NONCONFORMING USES AND STRUCTURES) OF CHAPTER 1 (GENERAL
PROVISIONS,ADMINISTRATION,AND STRUCTURES)OF ORDINANCE NO.09-
048; MAKING NON-SUBSTANTIVE CORRECTIONS TO THE ORDINANCE TO
CORRECT INTERNAL REFERENCES WITHIN THE ORDINANCE;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,(the"Town Council")has investigated
and determined that it would be in the best interest of the Town of Prosper, Texas (the "Town") and its
inhabitants to amend Paragraph(A)and Subparagraph(6)of Paragraph(B)of Subsection 7.3 (Nonconforming
Uses)of Section 7(Nonconforming Uses and Structures)of Chapter 1 (General Provisions,Administration,
and Structures) of Ordinance No. 09-048; and
WHEREAS,the amendments provided for in this ordinance are non-substantive in nature and merely
correct internal references within the Town's current regulations on nonconforming uses and structures.
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 Paragraph(A) of Subsection 7.3 (Nonconforming Uses) of Section 7
(Nonconforming Uses and Structures)of Chapter 1 (General Provisions,Administration, and Structures)of
Ordinance No.09-048.Paragraph(A)of Subsection 7.3 (Nonconforming Uses)of Section 7(Nonconforming
Uses and Structures)of Chapter 1 (General Provisions,Administration,and Structures)of Ordinance No.09-
048 is hereby amended to read as follows:
"A. A nonconforming use shall not be expanded or increased in any manner. An
expansion of a nonconforming use includes,but is not limited to(1)providing
additional off-street loading or off-street parking for the nonconforming use;
and (2) constructing a patio cover, porch, and/or canopy to be used in
connection with the nonconforming use.An expansion of a nonconforming use
shall not include the addition of an awning and/or canopy as described in
Chapter 1, Section 7.1(E) of this Ordinance. "
SECTION 3: Amendment to Subparagraph(6)of Paragraph(B)of Subsection 7.3 (Nonconforming
Uses)of Section 7(Nonconforming Uses and Structures)of Chapter 1 (General Provisions,Administration.,
and Structures) of Ordinance No. 09-048. Subparagraph (6) of Paragraph (B) of Subsection 7.3
Correction Ordinance Amending Regulations on Nonconforming Uses and Structures Page 1
558114.v1
(Nonconforming Uses)of Section 7(Nonconforming Uses and Structures)of Chapter 1 (General Provisions,
Administration, and Structures) of Ordinance No. 09-048 is hereby amended to read as follows:
"6. the operator, owner, or occupant fails to obtain a Certificate of
Occupancy in compliance with the terms of Chapter 1, Section 7.3(D)
of this Ordinance."
SECTION 4: Penalty Provision. Any person,firm,entity or corporation who violates any provision
of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon
conviction therefore, shall be fined in a sum not exceeding Two Thousand Dollars ($2,000.00). Each
continuing day's violation 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 5: Savings/Repealing Clause. 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 6: Severability. Should any section, subsection, clause or phrase of this Ordinance be
declared unconstitutional or invalid by any court of competent jurisdiction,it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares
that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared
unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall be effective immediately upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS, on this 22nd day of September, 2009.
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Date(s)of Publicationl9C " --C- 1 09-0 09 , in the Dallas Morning News
Correction Ordinance Amending Regulations on Nonconforming Uses and Structures Page 2
558114.v1
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County,this day personally appeared Cristy
Thieleman, 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 on:
October 2, 2009
Crist Tlu leman
Sworn to and subscribed before me this October 6, 2009
(Notary Public)
s+rr LYNDA F. BLACK
;`o S_,-(
_ <4:' Notary Public,State of Texas
My Commission Expires
,,- May 27, 2013