05-49 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-49
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO.
04-03, SECTION 1.09(N) WALL SIGNS AND SECTION 1.16 VARIANCES; 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 Ordinance No. 04-03(Regulation of Signs)should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to regulate signs within Prosper and its Extraterritorial Jurisdiction
("ETJ");
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting from the signs' distractions
and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to prevent nuisances and invitations to vandalism;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to avoid obstructions to police and citizen views as a means of crime
prevention;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to avoid obstructions to emergency services;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create a neat and orderly appearance throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create a means to safely identify a place of business and the services
available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to support the general economic development of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to promote and aid in economic development and the tax base by
allowing kiosk signs which support residential development, which in turns provides a customer base for commercial
areas;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to support the general welfare of the citizens and to maintain the
historically small town atmosphere during a time of growth by providing for a means to communicate information
related to the residential community, civic activities and government;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to ensure a noncommercial atmosphere in residential areas;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to maintain open spaces by setbacks;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create appropriate and orderly commercial and residential
atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to maintain the privacy of the home and limit what an unwilling viewer
must be exposed to relative to the enjoyment of the investment made in the home;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to enhance property values and psychological well-being for individuals
and families;
WHEREAS, Prosper has complied with all notices 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 Ordinance No.04-03 (Regulation of Signs) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings Incorporated/Applicability of Ordinance. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein. This Ordinance shall regulate signs within Prosper and its
ETJ.
SECTION 2: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.09(N) Wall Signs.
Ordinance No. 04-03, Section 1.09(N)Wall Signs is hereby amended to read as follows:
1. Definition - A wall sign is a sign painted on or erected parallel to and extending not more than twelve
(12) inches from the façade of any building to which it is attached, supported throughout its entire
length by the building face.
2. Wall signs are permissible only in conjunction with a non-residential use, subject to the following
conditions, and upon the issuance of a sign permit:
a. Time—A sign permit shall not be issued to erect or place a wall sign on a property until a site plan
and/or final plat has been approved by the Town for development of the property and after the
issuance of a building permit for a building on the property.
b. Place—
1. Wall signs are permitted in conjunction with a non-residential use.
2. Wall signs of any character placed directly on the face of a wall shall be set at a minimum of
nine(9)feet above the grade.
3. When projections on the wall face prevent the erection of the sign flat against the wall face,the
space between the back of the sign and the wall shall be closed at the top, bottom and ends
with incombustible materials.
4. In no case shall an attached sign project above the roof line or parapet wall of any building.
Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant
height of the text or graphic elements.
c. Manner—
1. Wall signs with exterior letters and exposed neon lighting are not allowed.
2. Wall signs shall not be allowed on any facade (other than the main front of the building) that
faces property zoned, or designated on the Future Land Use Plan, for single-family uses if the
sign is within one hundred fifty(150)feet of the property line of said residential property.
3. The minimum height allowed for text or graphic elements shall be six(6) inches.
4. The maximum size of wall signs shall be as follows:
Wall Height Maximum Sign Height Maximum Percentage of
Wall Length*
0 feet-20 feet 3 feet 75%
20+feet-30 feet 4 feet 60%
30+feet 5 feet 50%
SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.16 Variances. Ordinance
No. 04-03, Section 1.16 Variances is hereby amended to read as follows:
A. Requests for variances to sign regulations and all allegations of errors in orders, decisions, or
determinations by an administrative official in administration of the sign regulations shall be made in
writing by the applicant and heard by the Board of Adjustments at a public hearing. In the absence of a
Board of Adjustments, the Town Council shall hear requests for variances. An application for such
appeal may be obtained from the Town. The Board of Adjustments shall hear, if possible, the request
for a variance or the allegation of error within thirty (30) days after receipt of a completed application
and applicable application fees. The application will require written authorization from the property
owner.
B. Before the tenth (10th) day of the date of the public hearing conducted by the Board of Adjustments,
written notice of the public hearing shall be sent by its deposit in the United States mail to each owner,
as indicated by the most recently approved Municipal Tax Roll, of property within two hundred feet
(200') of the property on which the variance is proposed. The notice shall include a description of the
time and place of such hearing, a description of the location of the subject property, and a description
of the requested variance. In addition, the notice shall be published in the official newspaper of the
Town, stating the time and place of such hearing, a minimum of ten (10) days prior to the date of the
public hearing.
C. In order to approve a request for a variance, the Board of Adjustments shall determine that the request
meets four(4)of the following five(5)criteria:
1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical
difficulty on the applicant;
2. The proposed sign shall not adversely impact and will be wholly compatible with the use and
permitted development of the adjacent property(visibility,size, etc.);
3. The proposed sign shall be of a unique design or configuration;
4. The special exception is needed due to a hardship caused by restricted area, shape, topography,
or physical features that are unique to the property or structure on which the proposed sign would
be erected, and such hardship is not self imposed;
5. The special exception will substantially improve the public convenience and welfare and does not
violate the intent of this Ordinance.
D. A variance shall not be approved for a sign that is prohibited by Section 1.11 of this Ordinance.
SECTION 4: Penalty Provision: Any person, firm, corporation or business entity violating this Ordinance, or
as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not
exceeding Five Hundred Dollars ($500.00). 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 5: Savings/Repealing Clause: Ordinance Nos. 03-26 and 02-25 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 6: 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 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 14th day of June, 2005.
Charles N anger, or
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jennings, n Secretary
DATE OF PUBLICATION: l0 44, )4.- as, Dallas Morning News-Collin County Edition