17-43 O - Amending Chapter 3, “Permitted Uses and Definitions,” and Chapter 4, “Development Requirements”TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-43
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY REPEALING EXISTING SUBSECTION 1.3(B), "ACCESSORY AND
INCIDENTAL USES," OF SUBSECTION 1. 3, "SCHEDULE OF USES,"
OF SECTION 1, "USE OF LAND AND BUILDINGS," OF CHAPTER 3,
"PERMITTED USES," AND REPLACING IT WITH A NEW SUBSECTION
1.3(B), "ACCESSORY AND INCIDENTAL USES," OF SUBSECTION 1.3,
"SCHEDULE OF USES," OF SECTION 1, "USE OF LAND AND
BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS"; AMENDING EXISTING SUBSECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE
OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS"; AMENDING EXISTING SUBSECTION 2.2 OF SECTION
2, "DEFINITIONS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS" BY AMENDING THE DEFINITION OF "GUEST HOUSE"
AND REPEALING THE DEFINITION OF "GARAGE APARTMENT" AND
REPLACING IT WITH A NEW DEFINITION, "RESIDENTIAL GARAGE
LOFT"; REPEALING EXISTING SUBSECTION 7.6, "DETACHED
GARAGE AND ACCESSORY BUILDING CONSTRUCTION," OF
SECTION 7, "ACCESSORY BUILDINGS AND USES," OF CHAPTER 4,
"DEVELOPMENT REQUIREMENTS," AND REPLACING IT WITH A
NEW SUBSECTION 7.6, "DETACHED GARAGE AND ACCESSORY
BUILDING CONSTRUCTION," OF SECTION 7, "ACCESSORY
BUILDINGS AND USES," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS"; 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, existing Subsection 1.3(B),
"Accessory and Incidental Uses," of Subsection 1.3, "Schedule of Uses," of Section 1,
"Use of Land and Buildings," of Chapter 3, "Permitted Uses and Definitions," of the Town's
Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with a new
Subsection 1.3(B), "Accessory and Incidental Uses" of Subsection 1.3, "Schedule of
Uses," of Section 1, "Use of Land and Buildings," of Chapter 3, "Permitted Uses and
Definitions," to read as follows:
Residential Districts Non -Residential Districts
Accessory Building
• 1 • • J • •
• ••
• J • • • • •
• •
Caretaker's/Guard's Residence71
1
• 1 • 1 • • • • •
• •
Construction Yard and Field Office,
Temporary
TEMPORARY BLDG PERMIT
ISSUED BY BLDG OFFICIAL
TEMPORARY BLDG PERMIT ISSUED BY BLDG
OFFICIAL
Donation or Recycling Bin (Ord. No.
15-74: 1218115 )
O
32
32
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SECTION 1.3(B)
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Gas Pumps
ACCESSORY AND
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45
0
INCIDENTAL USES
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Helistop (Ord. No. 15-74; 1218115)
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Accessory Building
• 1 • • J • •
• ••
• J • • • • •
• •
Caretaker's/Guard's Residence71
1
• 1 • 1 • • • • •
• •
Construction Yard and Field Office,
Temporary
TEMPORARY BLDG PERMIT
ISSUED BY BLDG OFFICIAL
TEMPORARY BLDG PERMIT ISSUED BY BLDG
OFFICIAL
Donation or Recycling Bin (Ord. No.
15-74: 1218115 )
32
32
32
32
Gas Pumps
3
3
Guest House (Ord. No._; 06113117)
45
45
45
Helistop (Ord. No. 15-74; 1218115)
S
S
S
S
S
Homebuilder Marketing Center
4
4
4
4
•
•
•
•
•
•
•
•
Home Occupation
5
5
5
5
5
5
5
Mobile Food Vendor
6
6
6
6
Outdoor Merchandise Display,
Incidental Use (Ord. No.15-74;
1218115 )
S
S
S
S
S
S
Outdoor Merchandise Display,
Temporary Ord. No. 15-74;1218115)
31
31
31
31
Outside Storage, Incidental
Ord. No.15-74 1218115 )
S
S
S
S
S
S
Residential Garage Loft
Ord. No. :06113117)
46
46
46
Retail/Service Incidental Use
•
•
•
•
•
•
•
•
Temporary Building
7
7
7
7
7
7
7
7
7
7
7
7
7 1
7 1
7
7
Ordinance No. 17-43, Page 2
SECTION 3
From and after the effective date of this Ordinance, existing Subsection 1.4,
"Conditional Development Standards," of Section 1, "Use of Land and Buildings," of
Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning Ordinance, as
amended, is hereby amended by adding two (2) new Conditional Development Standards
for "Guest House" and "Residential Garage Loft," to read as follows:
"1.4 Conditional Development Standards
45. Guest House
A guest house shall be subject to the following development standards:
a. The guest house, if detached, shall be located on a lot or tract containing
a minimum of one (1) acre.
b. To be classified as an attached guest house, the second living quarters
shall be integral to primary dwelling and be accessed through conditioned
interior corridors. A guest house that is connected to the primary dwelling
by a covered or enclosed walkway shall meet all conditions of a detached
guest house.
C. The guest house shall be located on the same lot or tract as the existing
primary dwelling.
d. If detached, the guest house shall be located behind the primary structure
at a point no closer than ten (10) feet from the rear wall line of the primary
dwelling.
e. If detached, the guest house shall meet all rear yard and side yard
setbacks that are required of the primary dwelling.
f. If detached, the height of the guest house shall not exceed the height of
the primary dwelling.
g. If detached, a guest house shall not be finaled/approved for occupancy
prior to the final/approval for occupancy of the primary dwelling.
h. No more than one (1) guest house per lot or tract shall be permitted.
i. The guest house shall not be rented or leased or offered for rent or lease,
independently of the primary dwelling.
j. The guest house shall not be sold separately from the sale of the entire
property, including the primary dwelling.
k. The guest house shall be serviced by the same electric and natural gas
utility meters as the primary dwelling.
I. The exterior building materials shall be consistent with the exterior
materials of the primary dwelling.
M. The maximum total area of a detached guest house, including garages,
covered patios and any enclosed storage areas shall not exceed fifty
percent (50%) of the dwelling area of the primary dwelling. However, in
no instance, shall the maximum total area of a detached guest house,
Ordinance No. 17-43, Page 3
including garages, covered patios and any enclosed storage areas
exceed 2,000 square feet.
n. In no case shall the combined area of the primary dwelling, guest house
and/or other accessory buildings exceed the maximum percentage of lot
coverage permitted for the zoning district in which the structures are
located.
46. Residential Garage Loft
A residential garage loft shall be subject to the following development standards:
a. The residential garage loft shall be located on the same lot or tract as the
primary dwelling unit.
b. The residential garage loft shall be located above the garage and the total
area of the unit shall not exceed 800 square feet.
C. The height of the residential garage loft shall not exceed the height of the
primary dwelling.
d. No more than one (1) residential garage loft per lot or tract shall be
permitted.
e. The residential garage loft shall not be rented or leased or offered for rent
or lease, independently of the primary dwelling.
f. The residential garage loft shall not be sold separately from the sale of the
entire property, including the primary dwelling.
g. The residential garage loft shall be serviced by the same electric and
natural gas utility meters as the primary dwelling.
h. The exterior building materials shall be consistent with the exterior
materials of the primary dwelling."
SECTION 4
From and after the effective date of this Ordinance, the existing definition of "Guest
House," contained in Subsection 2.2 of Section 2, "Definitions," of Chapter 3, "Permitted
Uses and Definitions," of the Town's Zoning Ordinance, as amended, is hereby amended
to read as follows:
"2.2
Guest House - A second, attached or detached dwelling unit located on the same lot or
tract as the primary dwelling unit, which provides for living, sleeping, and cooking
facilities and is used by family members, guests of the family, or a domestic worker hired
by the homeowner of the primary dwelling unit. A mobile home or a HUD -Code
manufactured home shall not be considered as a guest house."
Ordinance No. 17-43, Page 4
SECTION 5
From and after the effective date of this Ordinance, the definition of "Garage
Apartment," contained in existing Subsection 2.2 of Section 2, "Definitions," of Chapter 3,
"Permitted Uses and Definitions," of the Town's Zoning Ordinance, as amended, is hereby
repealed and is replaced by adding a new definition, "Residential Garage Loft," to read as
follows:
"2.2
Residential Garage Loft - A small, accessory dwelling located above a private garage
which provides for living, sleeping, and cooking facilities and is used by family members,
guests of the family, or a domestic worker hired by the homeowner of the primary
dwelling unit."
SECTION 6
From and after the effective date of this Ordinance, existing Subsection 7.6,
"Detached Garage and Accessory Building Construction," of Section 7, "Accessory
Buildings and Uses," of Chapter 4, "Development Requirements," of the Town's Zoning
Ordinance, as amended, is hereby repealed in its entirety and replaced with a new
Subsection 7.6, "Detached Garage and Accessory Building Construction," of Section 7,
"Accessory Buildings and Uses," of Chapter 4, "Development Requirements," to read as
follows:
"7.6 DETACHED GARAGE AND ACCESSORY BUILDING CONSTRUCTION
A. The exterior facades of a detached garage or other accessory building or
structure, greater than one hundred and sixty (160) square feet, shall be
subject to the same exterior construction material(s) requirements as the main
building or structure.
B. An accessory building or structure that is greater than 160 square feet may be
vinyl, fiber cement board, or factory coated decorative metal if the wall height
of the building does not exceed fourteen (14) feet and if three (3) of the
following six (6) conditions are met:
A minimum three (3) foot high wainscoting is provided on all sides,
excluding windows and doors,
2. Divided light windows are provided on at least two sides of the building,
3. A minimum roof pitch of four (4) in twelve (12) is provided,
4. A cupola is provided,
5. One (1) tree, a minimum size of two (2) caliper inch, is planted every
twenty-five (25) feet, or portion thereof, along the longest two (2) sides of
the building, or
6. A minimum twenty (20) foot side yard setback is provided.
Ordinance No. 17-43, Page 5
C. An accessory building or structure that is 160 square feet or less than in size
may use metal or wood as an exterior construction material in an SF or 2F
District.
D. Fiber cement board may be used to fulfill the masonry requirements for
structures accessory to an existing main building or structure when the main
building or structure is constructed entirely of wood or vinyl siding.
E. In no instance shall the height of an accessory building or detached garage
exceed the height of the primary dwelling.
F. Accessory buildings in excess of 160 square feet shall be located behind the
primary structure at a point no closer than ten (10) feet from the rear wall line
of the primary structure.
G. A Specific Use Permit is required for either of the following instances:
1. An accessory building that is greater in size than the primary dwelling. For
the purpose of this subsection, the total size of the primary dwelling
includes the size of an attached private garage,
2. the size of the accessory building is greater than seven percent (7%) of the
size of the lot area, or
3. the size of the accessory structure is greater than 4,000 square feet."
SECTION 7
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 8
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.
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.
SECTION 10
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.
Ordinance No. 17-43, Page 6
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF JUNE 2017.
.tea
Ray Smith, Mpyor
ATTEST:
F
Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-43, Page 7