11-074 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11 -74
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTION 6.2(A)(8) 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 6.2(A)(8) 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
6.2(A)(8) of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as follows:
Chapter 4, Section 6.2(A)(8)
6.2(A)(8): Any open area used for motor vehicle parking, storage or access shall be illuminated with
freestanding luminaries. Freestanding luminaries are permitted to be a maximum of thirty
(30) feet in height. When a luminary is located within one hundred (100) feet of protected
residential property, the maximum permitted luminaries height shall be twenty (20) feet. All
luminaries must have a total cutoff angle equal to or less than ninety (90) degrees. The use of
exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only
when the Building Official finds the following:
(1) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety
and welfare or create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for
vehicular or pedestrian traffic.
SECTION 3: 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
cornmenced 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 4: 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 5: 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 b: 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 13"' DAY OF DECEMBER, 2011 by vote of 7 -0.
APPROVED S To F
L..;
Ra S mi tl, Mayor
ATTESTED TO AND
CORRECTLY RECO D BY:
)Irmy Piu a, C
Town S cretary
DATE OF P UBLI CA TION.• —1Z �/_ / , Pro.sl) e r Press.
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