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10-090 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-090 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO. 10-010, SECTION 1.09(Q) CANOPY SIGNS; 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. 10-010(Sign Regulations) 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; 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 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 non-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 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 enhance property values and psychological well-being for Page 1 of 3 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. 10-010(Sign Regulations)as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: Findiwi s 'Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 1.0-01.0 Sin Regulations) Section 1.09Canopy Signs. Ordinance No. 10-010 Section 1.09(Q) is hereby amended to read as follows: CANOPY SIGNS 1. Definition—A canopy sign is a sign that is applied to, attached, or painted on a canopy or other roof-like cover over gasoline fuel pumps, intended for protection from the weather or as a decorative embellishment. 2. Canopy 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 canopy 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. Canopy signs may only be erected on the sides of the canopy band that face a public street. 2. A maximum of two canopy signs shall be permitted per public street frontage. c. Manner— 1. The maximum area of a canopy sign shall be forty-five(45)square feet. 2. The maximum height of a canopy sign shall be three (3)feet. 3. The minimum height for text or graphic elements shall be six(6) inches. 4. No greater than fifty percent (50%) of the length of any one side of the canopy band shall be used for signage. 5. Canopy signs shall be attached directly to or painted on the face of the canopy band, shall not project more than twelve (12) inches from the canopy band, and shall not project above, below, or beyond the edge of the canopy band. SECTION 3: 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 Page 2 of 3 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 4: Savings/Repealing Clause. Ordinance No. 10-010 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: SeverabilliLy. 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: 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 28`h day of September, 2010. APPROVED AS TO FORM: Ray Smith, ,ayor ^ ATTESTED TO AND � ;,,�.,� �� r�Y ������" �'� 0 CQ,)II :EC DED BY• a � m �N f'1rM✓ h ,...Y N �. N Nffip'i tthew D. Denton,TRMC I )Nvn, Secretary "y A � DATE OF PUBLICATION: ?� � Dallas Morning News Page 3 of 3