12-06 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 12-06
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTION 4.2(F) 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 4.2(F) 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: Findings 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, Section 4.2(F)
of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as follows:
Chapter 4,Section 4.2(F)
In the SF, DTSF, TH and 2F Zoning Districts, all required parking spaces shall be a minimum of
nine (9) feet wide and twenty (20) feet long. Required enclosed parking and stacking spaces shall
remain clear of any encroachments.
SECTION 3: Savings/Repealing 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ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being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
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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 14th DAY OF FEBRUARY, 2012.
AP P R,1,03V EDS TQFI ' :
Ray'Smith, ayor
ATTESTED TO AND
CORRECTLY RECORDED Y:
Amy Piukan '1'own Secretary
DATE OF PUBLICATION: = ,�:2(2— , Prosper Press.
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CHAPTER 4-DEVELOPMENT REQUIREMENTS
SECTION 4-PARKING AND LOADING
SECTION 4
PARKING AND LOADING
4.1 PURPOSE
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the
adequate provisions of transportation;to conserve the value of buildings;and to encourage the most appropriate
use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and
provisions.
4.2 RESIDENTIAL PARKING PROVISIONS
A. Required parking shall be provided on the same lot as the use it is to serve.
B. All required parking spaces shall be constructed from paved concrete or another similar impervious surface
if approved by the Town Council prior to construction.
C. For agricultural uses in the in the A District, required parking may be constructed from washed gravel,
asphalt, or similar all-weather surface.
D. No required parking space,garage,carport,or other automobile storage space shall be used for the storage
of any heavy load vehicle.
E. In the SF, DTSF, TH and 2F Zoning Districts, there shall be a minimum of two(2)parking spaces located
behind the front building line and enclosed in the main or an accessory building. In addition,there shall be
two(2)paved parking spaces provided behind the front property line only for the purpose of allowing on-site
stacking or maneuvering to the enclosed spaces.
F. In the SF, DTSF, TH and 2F Zoning Districts, required enclosed parking and stacking spaces shall be a
minimum of ten(10)feet wide and twenty-two(22)feet long. The required maneuvering spaces shall be a
minimum of nine(9)feet wide and twenty(20)feet long. Required enclosed parking and stacking spaces
shall remain clear of any encroachments.
G. Circular driveways shall be designed to accommodate any required parking behind the front building line.
4.3 NON-RESIDENTIAL&MULTIFAMILY PARKING PROVISIONS
A. To prevent nuisance situations,all parking area lighting shall be designed and operated so as not to reflect
or shine on adjacent properties and in accordance with the standards established in Chapter 4,Section 6 of
this Ordinance.
B. For safety and fire-fighting purposes, free access through to adjacent parking areas shall be provided
between adjoining non-residential parcels or building sites.
C. All required parking spaces shall be constructed from paved concrete or another similar impervious surface
if approved by the Town Council prior to construction. Parking spaces shall be permanently and clearly
identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type
marking,such as paint,shall be regularly maintained to ensure continuous clear identification of the space.
D. Dead-end parking aisles are not permitted.
E. Each head-in parking space shall be a minimum of nine(9)feet wide and twenty(20)feet long,exclusive of
driveways and maneuvering aisles,and shall be of usable shape and condition(see Chapter 5,Section 2.3,
Illustrations A-G). Where it is possible for a vehicle to overhang the front of a parking space above a paved,
stoned,mulched,or grassed area other than a sidewalk,street right-of-way,or adjacent property,the depth
of the standard space may be reduced to eighteen (18)feet. No parking space shall overhang required
landscape areas. Parallel parking spaces must be a minimum of eight(8)feet wide and twenty-two(22)feet
long. Parking spaces within non-residential structured parking garages shall be a minimum of eight and
one-half(8.5)feet wide and eighteen(18)feet long.
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