10-073 - O TOWN OF PROSPER,TEXAS . ORDINANCE NO. 10-073
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 3, SECTION 1.4(10) (NON-COMMERCIAL ANTENNA
CONDITIONAL DEVELOPMENT STANDARDS) AND CHAPTER 3, SECTION
2.2 (PARAGRAPH 9) (DEFINITION OF A NON-COMMERCIAL ANTENNA) 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 3, Section 1.4(10) and Chapter 3, Section 2.2 (Paragraph 9) 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: Findin s_lncor,00rated. 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 honing Ordinance No. 05-20. Chapter 3, Section 1.4(10)
of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as follows:
Chapter 4, Section 1.4(10)
10. Antenna,Non-Commercial:
a) Satellite Dishes and Wireless Broadband Antennas
1. In the A, SF, DTSF, 217, and MH districts, satellite dishes and wireless broadband antennas
are permitted only on the back half of a residential structure or in the back yard of a
residential lot unless a signal cannot be received in these areas. Should a satellite dish or
wireless broadband antenna be placed somewhere other than on the back half of a residential
structure or in the back yard of a residential lot, it shall be limited to not more than two (2)
feet in diameter. Only three (3) satellite dishes and/or wireless broadband antennas shall be
permitted per lot or primary structure. One (1) of the three (3) satellite dishes and/or wireless
broadband antennas on a residential structure and/or lot may be up to twelve (12) feet in
diameter. The other two (2) satellite dishes and/or wireless broadband antennas shall not
exceed two(2)feet in diameter.
2. In the TH and MF districts, satellite dishes and wireless broadband antennas are permitted
only on the back half of a residential structure or in the back yard of a residential lot unless a
signal cannot be received in these areas. Should a satellite dish or wireless broadband
antenna be placed somewhere other than on the back half of a residential structure or in the
back yard of a residential lot, it shall be limited to not more than two (2) feet in diameter.
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Only three (3) satellite dishes and/or wireless broadband antennas shall be permitted per
residential unit. One (1) of the three (3) satellite dishes and/or wireless broadband antennas
on a residential unit may be up to twelve (12) feet in diameter. The other two (2) satellite
dishes and/or wireless broadband antennas shall not exceed two(2)feet in diameter.
b) Non-commercial antennas shall not interfere with radio or television reception of adjoining
property owners, and shall comply with all regulations of the Federal Communications Commis-
sion (FCC). In no case shall the height of such antennas exceed forty-five (45) feet, unless
located on property owned or leased by the Town of Prosper, and proper guy wire securement
shall be followed. In no manner shall the use of such equipment infringe upon adjoining property
owners. Roof mounted satellite dishes in excess of fifty (50) pounds shall be approved by a
registered architect or professional engineer by written letter to the building official, prior to
installation, stating the antenna's stability and support and shall not extend more than six (6) feet
above the first story.
SECTION 3: Aniendment to l g Ordinance No. 05-20. Chapter 3, Section 2.2
o Pros ae� � /;o���n
(Paragraph 9) of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as
follows:
Antenna, Non-Commercial - An antenna and its support structure not exceeding forty-five (45) feet in
height above the ground elevation at the base of the support structure, unless located on property owned
or leased by the Town of Prosper, designed for transmitting or receiving any portion of the radio,
microwave, or electromagnetic spectrum. This definition shall also include a satellite dish antenna not to
exceed twelve(12)feet in diameter.
SECTION"1"lN 4: ymngsmlR healing lmst 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: SgygAhiliW 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
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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 14TH DAY OF SEPTEMBER, 2010.
A1NV1 D AS TO 1 (I
a�
Ray S���ith, Mayor
ATTES 1 ' .�" t�AND
C RDED B'Y.
tthew D. Denton, TRMC
Town Secretary
DA TE OFPUBLICATION: 5�� Dallas Morning News
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