10-072 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-072
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTION 9.4(D) (SIDE YARD SETBACK OF A SWING-IN
GARAGE) 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 9.4(D) 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: Hiidings lncor orated, The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: amendment to Prospin&Ordinance No.055--20. Chapter 4, Section 9.4(D)of
the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as follows:
Chapter 4,Section 9.4(D)
9.4(D) The face (meaning garage door) of a garage that faces a side yard (a swing-in garage) must be
setback a minimum of twenty-four feet(24')from the side property line.
SECTION 3: awN��peal'iri 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ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being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 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.
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SECTION 5: penally 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 14TH DAY OF SEPTEMBER, 2010.
API OV DAS TO F 11M,
:
. . . .
Ray Sinha Mayor
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CO ;'I. ,. . - -CORDED BY..
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d 'phew D. Denton,TRMC
I.own Secretary
DATE OF PUBLICATION: /07gf1't r'Ballas Morning News
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