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07-042 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.07-042 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 3, SECTION 2 (DEFINITIONS) AND CHAPTER 4, SECTION 5.2(D,E) (LOCATION OF REQUIRED SCREENING) 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 3, Section 2 (Definitions) and Chapter 4 Section 5.2(D, E) (Location of Required Screening) 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 3, Section 2 [Definitions] and Chapter 4, Section 5.2(D, E) [Location of Required Screening], of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows: Chapter 3, Section 2 Open Storage-The outside storage or exhibition of goods, materials, merchandise, or equipment on a lot or tract. Open storage must meet the requirements in Chapter 4, Section 5.2(D,E). Chapter 4, Section 5.2(D, E) D. All uses providing open storage shall provide a site plan and landscape plan depicting the following: 1. The location of open storage on the property; 2. The location of parking and vehicular maneuvering aisles and/or fire lanes in relation to the open storage; 3. The location of pedestrian access and/or sidewalks adjacent to and accessing the open storage and the primary use; and 4. The location,height,and type of screening. A new use utilizing an existing building shall submit an amended site plan depicting the location of open storage. If the open storage area exceeds twenty percent (20%) of the gross floor area of the 1 primary use building or ten (10%) of the lot area, it must be presented on a site plan and approved by the Planning&Zoning Commission. E. Open storage shall abide by the following requirements: 1. It shall only contain equipment, vehicles, commodities, materials, goods, or merchandise that is sold, rented, or distributed within the inside of a building of a primary use, unless it is demonstrated to the Director of Development Services or his/her designee that such products or materials could not be located indoors. 2. It shall not be located within any required front, side, or rear yard setbacks. 3. It shall be screened from all streets and adjacent properties with the following: a. A minimum six (6) foot ornamental metal fence, not to be more than ten (10) feet in height, with a solid living screen located in a ten(10) foot landscape setback, containing a minimum of three (3) inch caliper evergreen trees on fifteen (15) foot centers with a continuous row of minimum seven(7) gallon evergreen shrubs along the exterior or interior of the fence; or b. A minimum six (6) foot masonry wall, not to be more than ten (10) feet in height, matching the materials of the primary building with three (3) inch caliper evergreen trees on fifteen (15)foot centers, located in a ten(10)foot landscape setback along the interior of the wall. c. Alternative types of screening must be reviewed by the Planning&Zoning Commission with a recommendation forwarded to Town Council for approval. 4. It shall not exceed a height of one (1) foot below the top of the solid living screen or wall screening, whichever is greater, or be visible from the property line. A Nursery, Major may store plants that exceed the height of the living screen or wall. 5. All gates and doors shall provide an opaque screen. The total of all openings for access may not exceed twenty-four(24)feet in width. 6. It shall not be located within any required parking spaces, loading areas, fire lanes, vehicular maneuvering aisles, customer pick-up lanes, or on the roof of any structure. 7. It shall not apply to new and used sales or lease of automobiles, motorcycles, recreational vehicles, watercraft, or similar facilities as approved by the Director of Development Services or his/her designee requiring open storage. 8. The Planning & Zoning Commission may waive these requirements if no public purpose would be served by the construction of the required screen, or natural features (i.e. vegetation or topography)exist that sufficiently screen the open storage. 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: Severabilityj 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 8th day of May,2007. APPROVED AS TO FORM: Ch e iswanger, yor ATTESTED TO AND CO: ' .� y : '•:: •�r BY: atthew Denton,Town Secretary DATE OF PUBLICATION: / /w vq -q 00 , Dallas Morning News—Collin County Addition 0 4 O 83 1', ,S4 �m00000000°a®tV�l,®®, CP is. 60 At 13 .q 0 A a °o ,- - 0 T� a' o �° v a p p 5® 4 0.0 Oo° ©Q ©��e© 000o000,o0°� �0� 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 T XAOF ORDRINANCE' May 17, 2007 NO.07-042 �THE�OWN OF#�ROS :PER, TEXASr:AMEND- �ING CHAPdTiER�3;;SEG ;TION 2 (5QEF_dNITIONS) AND CHAPTER�4 �. .TI ONrSgitotRitEi)_:.) (LOCA4TIOFIZOWNSj',VIDNNGRO TION OF T HISVORAI- (Lynda Black) NANCE; PROVIDING NGS AND SAVERABIAI- ' NGCFOR qN FEEID ' TIVE DATE OF THIS ORDINANCE;AND PRO- .VIDING FOR THE PUB- ; TIONTHEREOF HE CAPI+ Sworn to and subscribed before me this May 17, 2007, A.D N Aa-cARY ia•`A •� � (Lisa Ba nfield) 7 • t/ '•PPIAESo_.� v� �c'� ir`top; 0 rasamo