2022-19 - O - Amend Chapter 3 Building Regulations Section 3.14.008 & 3.14.012 Signs 04.26.22TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-19
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBPART (1) OF SUBSECTION (c), "RESTRICTIONS,"
OF SECTION 3.14.008, "SIGN SPECIFICATIONS AND DESIGN," OF
ARTICLE 3.14, "SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF
THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY
PROVIDING FOR SIGNS TO BE PLACED WITHIN ONE FOOT (V) OF
ADJACENT TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY; AMENDING SUBPART (B)(i)(b) RELATIVE TO "BANNER SIGN,"
CONTAINED IN SUBSECTION 1, "ATTACHED SIGNAGE," OF SECTION
3.14.012, "CRITERIA FOR PERMISSIBLE SIGNS," OF ARTICLE 3.14,
"SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY AMENDING THE
LOCATION OF SAID SIGNS; AMENDING SUBPART (A)(i)(a) RELATIVE TO
"DEVELOPMENT SIGN," CONTAINED IN SUBSECTION 2,
"FREESTANDING SIGNAGE," OF SECTION 3.14.012, "CRITERIA FOR
PERMISSIBLE SIGNS," OF ARTICLE 3.14, "SIGNS," OF CHAPTER 3,
"BUILDING REGULATIONS," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY AMENDING THE LOCATION OF SAID
SIGNS; AMENDING SUBPART (B)(i)(b) RELATIVE TO "DOWNTOWN
SIGN," CONTAINED IN SUBSECTION 2, "FREESTANDING SIGNAGE," OF
SECTION 3.14.012, "CRITERIA FOR PERMISSIBLE SIGNS," OF ARTICLE
3.14, "SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY
AMENDING THE LOCATION OF SAID SIGNS; AMENDING SUBPART
(M)(i)(c)(2) RELATIVE TO "MONUMENT SIGN," CONTAINED IN
SUBSECTION 2, "FREESTANDING SIGNAGE," OF SECTION 3.14.012,
"CRITERIA FOR PERMISSIBLE SIGNS," OF ARTICLE 3.14, "SIGNS," OF
CHAPTER 3, "BUILDING REGULATIONS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY AMENDING THE
LOCATION OF SAID SIGNS; MAKING FINDINGS; PROVIDING FOR
SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR
PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, the Town Council of the Town has determined that certain restrictions
relative to distance from property lines for Banner Signs, Development Signs, Downtown Signs
and signs adjacent to Texas Department of Transportation ("TxDOT") right-of-way property lines
should be amended due to unique issues that arise and have arisen regarding same; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the residential real estate signage regulations referenced in this Ordinance will
Ordinance No. 2022-19, Page 1
promote the orderly, safe and efficient growth of the Town and the Town's extraterritorial
jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subpart (1) of Subsection
(c), "Restrictions," of Section 3.14.008, "Sign Specifications and Design," of Article 3.14, "Signs,"
of Chapter 3, "Building Regulations," of the Code of Ordinances of the Town of Prosper, Texas,
is hereby amended to read as follows:
"Sec. 3.14.008 Sign Specifications and Design
(c) Restrictions. Unless otherwise permitted within this article, no person shall post
or cause to be posted, attach, or maintain any sign:
(1) Upon any town -owned property or right-of-way except in accordance with
V.T.C.A., Election Code, secs. 61.003 and 85.036, as amended; however, signs may be placed
within one foot (1 ") of any adjacent Texas Department of Transportation right-of-way property
line.
SECTION 3
From and after the effective date of this Ordinance, Subpart (B)(i)(b) relative to "Banner
Sign," contained in Subsection 1, "Attached Signage," of Section 3.14.012, "Criteria for
Permissible Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of the Code of
Ordinances of the Town of Prosper, Texas, is hereby amended by amending the location of said
signs, to read as follows:
"Sec. 3.14.012 Criteria for permissible signs
The following signs are permissible, subject to the following conditions listed in Section 3.14.008
of this article. Signs that do not comply with the following conditions and specifications or are
not covered within this article are considered prohibited.
(1) Attached signage.
***
Ordinance No. 2022-19, Page 2
(B) Banner sign.
(i) Location.
b. All four corners shall be securely attached to the front, side,
or rear surfaces of a building, excluding banners located on
public school property and banners located within the area
designated as the "Old Town District" in the Town's Future
Land Use Plan.
SECTION 4
From and after the effective date of this Ordinance, Subpart (A)(i)(a) relative to
"Development Sign," contained in Subsection 2, "Freestanding Signage," of Section 3.14.012,
"Criteria for Permissible Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by amending the
location of said signs, to read as follows:
"Sec. 3.14.012 Criteria for permissible signs
The following signs are permissible, subject to the following conditions listed in Section 3.14.008
of this article. Signs that do not comply with the following conditions and specifications or are
not covered within this article are considered prohibited.
(2) Freestanding signage.
(A) Development sign.
(i) Location.
a. Shall be located a minimum of 15 feet from any property
line; however, a one foot (1) minimum setback from the
front property line shall be allowed within the area
designated as the "Old Town District" in the Town's Future
Land Use Plan.
Ordinance No. 2022-19, Page 3
SECTION 5
From and after the effective date of this Ordinance, Subpart (B)(i)(b) relative to
"Downtown Sign," contained in Subsection 2, "Freestanding Signage," of Section 3.14.012,
"Criteria for Permissible Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by amending the
location of said signs to one foot (1) from a property line," to read as follows:
"Sec. 3.14.012 Criteria for permissible signs
The following signs are permissible, subject to the following conditions listed in Section 3.14.008
of this article. Signs that do not comply with the following conditions and specifications or are
not covered within this article are considered prohibited.
(2) Freestanding signage.
(B) Downtown sign.
(i) Location.
b. Shall be located a minimum of one foot from any property
line.
SECTION 6
From and after the effective date of this Ordinance, Subpart (M)(i)(c)(2) relative to
"Monument Sign," contained in Subsection 2, "Freestanding Signage," of Section 3.14.012,
"Criteria for Permissible Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of
the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by amending the
location of said signs, to read as follows:
"Sec. 3.14.012 Criteria for permissible signs
The following signs are permissible, subject to the following conditions listed in Section 3.14.008
of this article. Signs that do not comply with the following conditions and specifications or are
not covered within this article are considered prohibited.
(2) Freestanding signage.
***
***
Ordinance No. 2022-19, Page 4
(M) Monument sign.
(i) Location.
C. Single tenant/multitenant monument sign:
2. Shall be located a minimum of 15 feet from any
property line; however, a one foot (11) minimum
setback shall be allowed within:
(a) the area designated as the "Old Town
District" in the Town's Future Land Use Plan;
or
(b) the City of Irving waterline easement
adjacent to US 380 (University Drive) with
approval documentation from the City of
Irving.
SECTION 7
As authorized by Chapter 216 of the Texas Local Government Code, as amended, and
other applicable law, the Town Council of the Town of Prosper hereby extends to the
extraterritorial jurisdiction of the Town the application of the Sign Ordinance incorporated and
referenced herein, to the extent authorized by said Chapter.
SECTION 8
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. The Town
Council 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 9
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; 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
ordinances shall remain in full force and effect.
Ordinance No. 2022-19, Page 5
SECTION 10
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 11
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF APRIL, 2022.
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Ray Smith, ayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2022-19, Page 6
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