16-29 O - Zoning Ordinance Amendment, Exterior Alternate Façade Materials, Z16-0006TOWN OF PROSPER, TEXAS
ORDINANCE NO. 16-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING SUBSECTION 9.8, "EXTERIOR
CONSTRUCTION OF MAIN BUILDINGS," OF SECTION 9,
"ADDITIONAL AND SUPPLEMENTAL," OF CHAPTER • 41
"DEVELOPMENT REQUIREMENTS," OF THE TOWN'S ZONING
ORDINANCE BY PROVIDING FOR AN EXCEPTION PROCESS FOR
EXTERIOR FACADES OF NONRESIDENTIAL BUILDINGS OR
STRUCTURES; PROVIDING FOR A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the
Planning and Zoning Commission of the Town of Prosper, Texas, has recommended
amending the Town's Zoning Ordinance to encompass those amendments as set forth
herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public's
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Paragraph C of existing
Subsection 9.8, "Exterior Construction of Main Buildings," of Section 9, "Additional and
Supplemental," of Chapter 4, "Development Requirements," of the Town's Zoning
Ordinance is hereby amended to read as follows:
"C. All exterior facades for a main building or structure, excluding glass windows and
doors, in the MF, O, DTR, NS, R, DTC, C, CC, and I Districts shall be
constructed of one hundred percent (100%) masonry as defined in Chapter 3,
Section 2. The use of stucco and EIFS are only permitted as secondary or
accent materials.
1 The Town Council, after recommendation by the Planning & Zoning
Commission, may grant an exception to the foregoing exterior fagade
requirements, based upon consideration of the criteria listed in subpart 2,
below.
2. In considering an exception to the exterior fagade requirements, the
Planning & Zoning Commission and Town Council may consider whether
a proposed alternate material:
a. is a unique architectural expression;
b. includes unique building styles and materials;
C. is consistent with high quality development;
d. is or would be visually harmonious with existing or proposed
nearby buildings;
e. has obvious merit based upon the quality and durability of the
materials; and
represents an exterior building material that is in keeping with the
intent of this chapter to balance the abovementioned objectives.
3. Any exterior fagade exemption shall be considered in conjunction with a
preliminary site plan or site plan application."
SECTION 3
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 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
Ordinance No. 16-29, Page 2
SECTION 6
This Ordinance shall become effective from and after its adoption and publication
as required by law; however, the provisions of this Ordinance shall not be applicable to
any residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF APRIL, 2016.
�M
Ray Smith, ayor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 16-29, Page 3