06-005 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-05
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 4, SECTION
7.6 (DETAHCED GARAGE AND ACCESSORY BUILDING CONSTRUCTION) 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 investigated and
determined that Chapter 4, Section 7.6 (Detached Garage and Accessory Building Construction) 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 Prospers 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 7.6 of Prospers
Zoning Ordinance No. 05-20 is hereby amended to read as follows:
7.6 Detached Garage and Accessory Building Construction
A. The exterior facades of a detached garage or other accessory building or structure greater than one
hundred and sixty (160) square feet shall be subject to the same exterior construction material(s)
requirements as the main building or structure.
B. An accessory building that is larger than one hundred and sixty (160) square feet may be vinyl,
cementatious fiber board, or factory coated decorative metal if the wall height of the building does not
exceed fourteen(14)feet and if three(3)of the following six(6)conditions are met:
1. A minimum three(3)foot high wainscoting is provided on all sides, excluding windows and doors,
2. Divided light windows are provided on at least two sides of the building,
3. A minimum roof pitch of four(4) in twelve(12)is provided,
4. A cupola is provided,
5. One (1) tree, a minimum size of one (1) caliper inch, is planted every twenty (20) feet, or portion
thereof, along the longest sides of the building,or
6. A minimum twenty(20)foot side yard setback is provided
C. Metal or wood may be used as an exterior construction material for an accessory building or structure
of one hundred and sixty(160)square feet or less in an SF or 2F District.
D. Cementatious fiber board may be used to fulfill masonry requirements for structures accessory to an
existing structure constructed entirely of wood or vinyl siding.
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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 10th day of January, 2006.
APPROVED A TO F .
Charles iswanger, M
ATTESTED TO AND
COR E TLY RECORDED BY:
Shanae Jennings,T Secretary
DATE OF PUBLICATION: [ /6l0b c4 PIDIp , Dallas Morning News—Collin County Addition
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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
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as published in The Dallas Morning News—Metro Collin County Edition on:
TOWN OF- s January 16, 2006
• PROSPER, TEXAS
-ORDINANCE'.NO. 06.05,
AN ORDINANCE OF
THE'TOWN OF''PROS-
PER,..TEXAS, AMEND' •
ING CHAPTER 4,. EC= -
'•. TI,ON 7.6 (DETAED
( GARAGE AND ACCES-
SORY BUILDING,CON-
STRUCTION) ZONE
ING ORDINANCE NO.0r°
20• PROVIDINGa;FOR-A
PENALTY FOR THE'VI- C'
OLATION OF'THIS OR-
_DINANCE; PROVIDING
FOR'REPEALING, SAV- / 6.4
TY CLAUDSES;7 PROVIID- 1
TIIVEFDATENOFFTH S v (Lynda Black)
' ORDINANCE;AND PRO-
VIDING FOR.THE PUB-
LICATION OF_THE CAP-
TION HEREOF. --- -
Sworn to and subscribed before me this January 17, 2006, A.D
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(Lisa Batte field)
3a
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