10-067 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-067
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTIONS 8.4(G) AND 8.8(E) 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, Sections 8.4(G) and 8.8(E) of the Town of Prosper, Texas ("Prosper") Zoning Ordinance
No.05-20 should be added to the Zoning Ordinance; 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: Findiat xs_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, Sections 8.4(G)
and 8.8(E) of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby added to read as follows:
Chapter 4,Section 8.4(G)
8.4(G) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles,
driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface
(masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of
Development Services or his/her designee. Pervious concrete or other alternative permeable
paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and
crushed rock are strictly prohibited, unless approved as a temporary paving surface by the
Director of Development Services or his/her designee.
Chapter 4,Section 8.8(E)
8.8(E) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles,
driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface
(masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of
Development Services or his/her designee. Pervious concrete or other alternative permeable
paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and
crushed rock are strictly prohibited, unless approved as a temporary paving surface by the
Director of Development Services or his/her designee.
SECTION 3 Lingr RZqlacali tat : 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
I
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 4: Severability lity 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 6: 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 27TH DAY OF JULY, 2010.
APPI VED TO la" M:
Ray Srnitl�, l'�Iayc�r
ATTEST ,.LO AND
CO�. I"C 1 E v( DE B :
atthew D. Denton,TRMC
Town Secretary
DATE OFPUBLICATION." � , Dallas Morning News
2