2020-86 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-86
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3.19.001, "FENCE REQUIREMENTS," OF
ARTICLE 3.19, "FENCE REGULATIONS," OF CHAPTER 3, "BUILDING
REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES, BY ADDING
THERETO A NEW SUBSECTION (n), "FENCING ON CERTAIN ADJACENT
UNPLATTED TRACTS"; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town Council desires to amend its fence regulations, contained in
Article 3.19, "Fence Regulations," of Chapter 3, "Building Regulations," of the Town's Code of
Ordinances, by adding a new provision related to fencing on adjacent unplatted tracts of land
where at least one of the tracts is utilized for residential purposes; and
WHEREAS, unplatted tracts do not designate, or it cannot be designated, the location
of a "front yard" since the location of a front yard is determined after a lot has been platted, as
provided for and referenced in the Town's subdivision regulations; and
WHEREAS, it is the desire of the Town Council that on adjacent unplatted tracts, where
at least one of the tracts is utilized for residential purposes and no front yard has been
established because the tract (or tracts) have not been platted, should not be permitted to have
a fence constructed that is adjacent or parallel to the front of a residential structure, unless
Town Council has approved such fence.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 3.19.001, Fence
Requirements," of Article 3.19, "Fence Regulations," of Chapter 3, "Building Regulations," of the
Town's Code of Ordinances is hereby amended by adding thereto a new Subsection (n), "Fencing
on Certain Adjacent Unplatted Tracts," to read as follows:
"ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 Fence Requirements
Fences in all zoning districts shall meet the following requirements:
(n) Fencing on Certain Adjacent Unplatted Tracts. On adjacent unplatted tracts,
SECTION 3
SECTION 4
SECTION 5
4=101iCfI►
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF NOVEMBER, 2020.
Ray Smith, Mayor
Ordinance No. 2020-86, Page 2
ATTEST:
Melissa Lee, Tow Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2020-66, Page 3