07-052 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.07-052
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 1, SECTION 8.4(B) 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 1, Section 8.4(B) 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 1, Section 8.4(B)
of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows:
Proposal Recommended for Denial by the Commission: When the Planning & Zoning Commission
determines that a proposal should be denied, it shall so report and recommend to the Town Council and
Planning staff shall notify the applicant. If the proposal is denied by the Commission, the request shall
not be forwarded to the Town Council unless the applicant requests an appeal to the Town Council or the
request is sent for review by the Commission by simple majority vote. Upon denial of a request by the
Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14) calendar
days of the date the Planning & Zoning Commission denied the request, file with the Planning
Department a written request that a public hearing be scheduled and held before the Town Council
regarding the application. The applicant shall be responsible for the costs of re -notification, including
postage. When a proposed zoning request is heard by the Town Council that has been denied by the
Planning & Zoning Commission, four votes of the Town Council is required to overrule a
recommendation of the Commission that a proposed zoning amendment, supplement, or change be
denied.
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.
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 fling 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 12'h day of June, 2007.
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Town Secretary
DATE OF PUBLICATION. l� �c4t
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— Dallas P61 MOAN— — Collin County
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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
TOWN OF
PROSPER, TEXAS
ORDINANCE NO. 07-052 , June 21, 2007
Sworn to and subscribed before me this
'SAY PL = JANET TH OMASON
=5 MY COMMISSION EXPIRES
January 30, 2011
(Lynda Black)
June 22, 2007, A.D
Janet Thomason)