07-098 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.07-098
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 4,
SECTION 5.2(A) 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, Section 5.2(A) 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, Section 5.2(A) of the
Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows:
When a boundary of a multifamily, institutional, or non-residential Use sides or backs to a property that is zoned
or designated on the Future Land Use Plan for residential (non -multifamily) uses, or when any institutional or
non-residential Use sides or backs to a MF District, a solid screening wall or fence of not less than six (6) feet
nor more than eight (8) feet in height shall be erected on the property line separating these uses. The purpose of
the screening wall or fence is to provide a visual barrier between the properties.
The owner of such property of the lesser restrictive use shall be responsible for and shall build the required wall
or fence on his property line dividing his property from the more restrictive zoning district. In cases where the
Planning & Zoning Commission finds this requirement to be better met by an irrigated living screen, the same
may be substituted for the screening wall after a landscape plan has been prepared to demonstrate equal visual
screening.
A screening wall or fence required under the provisions of this section, under a Specific Use Permit, a Planned
Development District, or other requirement shall be constructed of clay -fired brick masonry units or other
suitable permanent materials which do not contain openings constituting more than forty (40) square inches in
each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual
barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to
the wall or fence. Concrete masonry units, poured in place concrete, tilt -up concrete, or concrete panels may be
used upon approval by the Planning & Zoning Commission.
Properties zoned Downtown Commercial (DTC), Downtown Retail (DTR), or Downtown Office (DTO) are
only required to provide screening along property lines that are adjacent to properties shown as residential on
the Future Land Use Plan. The screening must consist of an eight foot (8') cedar board -on -board wooden fence
with metal posts anchored in concrete.
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 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 270' DAY OF NOVEMBER, 2007.
APPROVED AS TO FORM:
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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 — Metro North Edition on:
NQE Np, 97;94e
Sworn to and subscribed before me this
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December 6, 2007
December 10, 2007