By the passage of this ordinance, no presently illegal use shall
be deemed to have been legalized unless specifically such use falls
within a zoning district where the actual use is a conforming use.
Otherwise, such uses shall remain nonconforming uses where recognized,
or an illegal use, as the case may be. Should any part 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. 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any ordinance in conflict with this ordinance are hereby repealed;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of the repealed ordinance, nor shall the repeal prevent a prosecution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 person, firm, corporation, or business entity violating
any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be fined a sum not
exceeding $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.
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/or phrases be declared unconstitutional or invalid.
The failure of the Town of Prosper to enforce any term or condition
of this ordinance shall not constitute a waiver or estoppel or any
subsequent violation of this ordinance.
This ordinance shall become effective after its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 10 th day of May, 2005.
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APPROVED AS TO FORM:
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/s/ Charles Niswanger
Mayor
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ATTESTED TO AND CORRECTLY RECORDED BY:
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/s/ Shanae Jennings
Town Secretary
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Contact the Development Services Department for a current list
of approved Planned Development Ordinances.
Contact the Development Services Department for a current list
of approved specific use permit ordinances.