05-20 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.: 05-20
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ZONING
ORDINANCE NO. 84-16 IN ITS ENTIRETY; UPDATING AND REVISING THE
COMPREHENSIVE ZONING RULES AND REGULATIONS FOR THE PURPOSE OF
PROMOTING THE HEALTH, SAFETY, AND WELFARE OF THE TOWN AND ITS
RESIDENTS; 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 investigated
and determined that Zoning Ordinance No. 84-16 should be amended in its entirety; 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. 84-16 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 Zoninq Ordinance No. 84-16. Zoning Ordinance No. 84-16
is hereby amended in its entirety to update and revise the comprehensive zoning rules and regulations for
the purpose of promoting the health, safety, and welfare of the Town and its residents. Zoning Ordinance
No. 84-16 is hereby amended as set forth in the Exhibit A, attached hereto and incorporated for all
purposes.
SECTION 3: Savinqs/Repealina Clause: 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conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced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.
SECTION 4: Severability: See 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.
SECTION 0: Penalty Provision, 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 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 7: Effective Date: 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 10th day of May, 2005.
APPROVED AS TO FORM:
" harf Z�5_nger, -Mayor/'
ayor'
Fanae
D TO AND CORRECTLY RECORDED BY:
Jennin0 wn Secretary
DATE OF PUBLICATION. Dallas Morning News — Collin County Addition
Exhibit A
LTOWN 1�
Arolv
EL Is
ORDINANCE NUMBER 05-20
MAY 101 2005
TABLE OF CONTENTS
Chapter Section
................... . . . . - - - ---- - ---- - ----------- - ---
Title
�'_GENERAL
Page
1
PROVISIONS, ADMINI§T_k4ff - N , D - PROCEDURES
............................... .
2-2-1
1
Enacting Clause & Purpose
2-3-1
2
Zoning District Map
1-2-1
3
Compliance Required I Interpretation 1 Rules of Construction
1-3-1
4
Zoning Upon Annexation
1-4-1
5
Creation of Building Site
1-5-1
6
Certificates of Occupancy and Compliance
1-6-1
7
Nonconforming Uses and Structures
1-7-1
8
Changes and Amendments to All Zoning Ordinances and Districts and
1-8-1
10
Administrative Procedures
2-10-1
9
Complete Application Requirement
1-9-1
2 ZONING DISTRICTS
1
Zoning Districts Established and Definitions
2-1-1
2
Equivalency Table
2-2-1
3
A —Agricultural District
2-3-1
4
SF -E — Single Family -Estate District
2-4-1
5
SF -22 — Single Family -22 District
2-5-1
6
SF -17.5 — Single Family -17.5 District
2-6-1
7
SF -15 — Single Family -15 District
2-7-1
8
SF -12.5 — Single Family -1 2.5 District
2-8-1
9
SF -10 — Single Family -10 District
2-9-1
10
DTR— Downtown Residential District
2-10-1
11
TH — Townhome District
2-11-1
12
2F —Two Family District
2-12-1
13
MF — Multifamily District
2-13-1
14
MH — Mobile Home District
2-14-1
15
0 — Office District
2-15-1
16
DTO — Downtown Office District
2-16-1
17
NS — Neighborhood Service District
2-17-1
18
k —Retail District
2-18-1
19
DTC — Downtown Commercial District
2-19-1
20
C — Commercial District
2-20-1
TABLE OF CONTENTS
Chapter Section Title
Page
1 Use of Land and Buildings
3-1-1
1.1 — Uses Permitted by District
3-1-1
1.2 —Classification of New and Unlisted Uses
3-1-1
1.3 — Schedule of Uses
31-1
1.4 — Conditional Development Standards
3-1-13
2 Definitions
3-2-1
4 DEVELOPMENT REQUIREMENTS
Screening Fences and Walls
ISite
Plan..Process
4-1-1
2
Landscaping
4-2-1
3
Tree Mitigation
4-3-1
4
Parking and Loading
4-4-1
5
Screening Fences and Walls
4-5-1
6
Outdoor Lighting
4-6-1
7
Accessory Buildings and Uses
4-7-1
8
Non -Residential Design and Development
4-8-1
9
Additional and Supplemental
4-9-1
9.1 — Lot Regulations
4-9-1
9,2 Minimum Dwelling Unit Area
4-9-1
9.3 — Front Yard
4-9-2
9.4 — Side and Rear Yards
4-9-3
9.5 — Special Height Regulations
4-9-3
9.6 — Measurements
4-9-4
9.7 — Modular Homes
4-9-4
9.8 — Exterior Construction of Main Buildings
4-9-4
9.9 — Handicap Accessibility
4-9-5
9.10 — Self -Storage and Mini -Warehouse Facilities
4-9-5 11
TABLE OF CONTENTS
Chapter
Section Title
............
Page
9.11 — Adjacency of Certain Uses to Residential Zoning
4-9-5
9.12 — Day Care Centers, Private Schools, and Similar Facilities
4-9-6
9.13 — Residential, Development Adjacent to Railways
4-9-6
9.14 — Nonresidential and Multifamily Development Adjacent to a Major Creek
4-9-7
9.15 —Traffic Impact Analysis
4-9-8
9..11.6 -.,Residential Open Space
4-9-12
9.17 — Multifamily Site Design
4-9-13
5 SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL, AND
PUBLICATION
1 Savings/Repealing, Penalty, Severability, EstoppelMaiver, Effective
5-1-1
Date/Publication
2 Appendices
5-2-1
2.1 — Planned Developments
5-2-1
2.2 — Specific Use Permits
5-2-5
2.3 — Illustrations
5-2-7
General Provisions, Administration, and Procedures
... k�e ter Section
Pc�e
1
VISIONS, ADMINISTRATION, GENERAL PRO NAND PROCEDURES
1
Enacting Clause & Purpose
1-1-1
2
Zoning District Map
1-2-1
3
Compliance Required 1 Interpretation 1 Rules of Construction
1-3-1
4
Zoning Upon Annexation
1-4-1
5
Creation of Building Site
1-5-1
6
Certificates of Occupancy and Compliance
1-6-1
7
Nonconforming Uses and Structures
1-7-1
8
Changes and Amendments to All Zoning Ordinances and Districts and
1-8-1
Administrative Procedures
9
Complete Application Requirement
1-9-1
CHAPTER 1- GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 1- ENACTING CLAUSE AND PURPOSE
SECTION 1
ENACTING CLAUSE AND PURPOSE
1.1 ENACTING CLAUSE:
The Zoning Ordinance, Ordinance No. 84-16, of the Town of Prosper, Texas, as passed and approved on the 9th
day of October, 1984, together with all amendments thereto, is hereby amended in its entirety to read as follows:
1.2 PURPOSE:
The zoning regulations and districts as herein established have been made in accordance with an adopted
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the Town of
Prosper. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and
other dangers; to insure adequate light and air; to prevent the overcrowding of land, to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements. They have been made with reasonable consideration, among other things,
for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to
conserving the value of buildings and encouraging the most appropriate use of land throughout the Town
consistent with the Comprehensive Plan.
CHAPTER 1 -GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 2 - ZONING DISTRICT MAP
SECTION 2
ZONING DISTRICT MAP
2.1 The boundaries of zoning districts set out herein are delineated upon a zoning district map of the Town, adopted
as part of this ordinance as fully as if the same were set forth herein in detail.
22 One original of the Zoning District Map shall be filed in the office of the Town Secretary and labeled as
Ordinance number 05-20. This copy shall be the official Zoning District Map and shall bear the signature of the
Mayor and attestation of the Town Secretary. This copy shall not be changed in any manner. In case of any
question, this copy, together with amending ordinances, shall be controlling.
2.3 An additional copy of the original Zoning District Map shall be placed in the office of the Director of Planning.
The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent
amendments and shall be identified as the official zoning map. Reproductions for informational purposes may be
made of the official Zoning District Map.
2.4 The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or
extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be
construed to follow such centerline.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot
lines.
C. Boundaries indicated as approximately following city limits shall be construed as following city limits.
D. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way
lines.
E. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event
of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as
approximately following the centerline of streams, lakes, or other bodies of water shall be construed to
follow such centerline, and in the event of change in the centerline, shall be construed to move with such
centerline.
F. Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above
shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined
by the scale of the map.
G. Whenever any street, alley, or other public way is vacated by official action of the Town Council or whenever
such area is franchised for building purposes, the zoning district line adjoining each side of such street,
alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or
way and all areas so involved shall then and henceforth be subject to all regulations of the extended
districts.
H. The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the
street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to
the street.
I. Where physical features on the ground are at variance with information shown on the official zoning district
map or when there arises a question as to how or whether a parcel of property is zoned and such question
cannot be resolved by the application of Subsections A through H, the property shall be considered as
classified Agricultural (A) District, in the same manner as provided for newly annexed territory and the
issuance of a building permit and the determination of permanent zoning shall be in accordance with the
provisions provided in Chapter 1, Section 4 for temporarily zoned areas.
CHAPTER 1- GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 3 - COMPLIANCE REQUIREDIINTERPRETATION/RULES OF CONSTRUCTION
SECTION 3
COMPLIANCE REQUIRED/INTERPRETATION/RULES OF CONSTRUCTION
3.1 COMPLIANCE REQUIRED:
A. All land, buildings, structures or appurtenances thereon located within the Town that are hereafter occupied,
used, erected, altered, graded, developed, removed, placed, demolished, or converted shall be occupied,
used, erected, altered, graded, developed, removed, placed, demolished or converted in conformance with
the zoning regulations prescribed herein provided or be subject to penalties as per Chapter 5, Section 1.2 of
this ordinance.
B. No land, buildings, structures or appurtenances thereon located shall hereafter be occupied, used, erected,
altered, graded, developed, removed, placed, demolished or converted without first receiving all necessary
approvals, releases, and/or permits, including, but not limited to site plan approval, plat approval, landscape
plan approval, engineering plan approval, grading release, preconstruction conference, paving permit,
plumbing permit, electric permit, or building permit.
3.2 INTERPRETATION:
A. Where the regulations imposed herein are either more restrictive or less restrictive than comparable
conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or
regulation of any kind, the regulations which are more restrictive and impose higher standards are the
requirements that shall govern.
B. The provisions of these regulations are not intended to abrogate any easement, covenant or other private
agreement, provided that where the requirements of these regulations are more restrictive or impose higher
standards or regulations than such easement, covenant or other private agreement, the requirements of
these regulations shall govern.
C. The provisions of these regulations are cumulative and additional limitations upon all other laws and
ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in
the provisions of these regulations.
D. In the event that any property or Zoning District set forth on the Zoning District Map of the Town as provided
in Chapter 1, Section 2 of this Ordinance is misnamed, designated incorrectly, the boundaries are incorrect
or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or
supplemented according to the following rules. Upon notification of error, the Town Council shall give notice
of a public meeting to consider correcting the error and at such public meeting, shall consider any
comments or any persons desiring to address the Town Council concerning such error, and after due
consideration of such comments, the Town Council may amend the Zoning District Map by an affirmative
vote of the majority of the Town Council. Upon approval of the correction to the Zoning District Map, said
District Map shall be amended to reflect the correction of the error, and the Zoning District Map, as
amended and corrected, shall be the official Zoning District Map.
3.3 RULES OF CONSTRUCTION:
The language set forth in these regulations shall be interpreted in accordance with the following rules of
construction:
A. The singular number includes the plural and the plural the singular; and
B. The present tense includes the past and future tenses and the future the present; and
C. The word "shall' is mandatory while the word "may" is permissive; and
D. The masculine gender includes the feminine and neuter; and
E. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as
well as an individual; and
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 3 - COMPLIANCE REQUIRED/INTERPRETATION/RULES OF CONSTRUCTION
Any word appearing in parentheses directly after a word herein defined shall be construed in the same
sense as that word.
1-3-2
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 4 -ZONING UPON ANNEXATION
SECTION 4
ZONING UPON ANNEXATION
4.1 All territory hereinafter annexed into the Town shall be classified as Agricultural (A) District, until permanent
zoning is established by the Town Council. The procedure for establishing permanent zoning on annexed
territory shall conform to the procedure set forth in Chapter 1, Section 8 of this Ordinance.
4.2 In the A District:
A. No person shall erect, construct, proceed or continue with the erection or construction of any building or
structure or cause the same to be done in any newly annexed territory to the Town without first applying for
and obtaining a Building Permit or Certificate of Occupancy from the Building Official.
B. No permit for the construction of a building or use of land shall be issued by the Building Official other than a
permit which will allow the construction of a building or use permitted in the A District, unless and until such
territory has been classified in a zoning district other than the A District, by the Town Council in the manner
prescribed by law, except as provided in Chapter 1, Section 4.2(C).
C. An application for a building permit for any proposed use other than those specified in paragraph B above
must be made to the Building Official within three (3) months after annexation and referred to the Town
Council for consideration. The applicant shall show that plans and other preparation for developing the
property commenced prior to annexation into the Town. The action of the Town Council concerning any
such permit shall take into consideration the appropriate land use for the area. The Town Council may, by
majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the
application pending permanent zoning.
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 5 - CREATION OF BUILDING SITE
SECTION 5
CREATION OF BUILDING SITE
5.1 No permitfor the construction of a building or buildings upon any tractor plot shall be issued until a building site,
building tract, or building lot has been created by compliance with one of the following conditions;
A. The lot or tract is part of a plat of record, properly approved by the Town Council, and filed in the Plat
Records of Collin or Denton Counties, Texas as may be applicable by location of property.
B. The plat, tract, or lot faces upon a dedicated street and was separately owned prior to annexation to the
Town of Prosper, in which event a building permit for only one main building conforming to all the
requirements of this Ordinance may be issued on each such original separately owned parcel without first
complying with paragraph A preceding.
C. The plat or tract is all or part of a site plan officially approved by the Town Council, and compliance has
been made with provisions and improvements approved on such site plan for all utility and drainage
easements, dedication of streets, alleys and other public improvements required to meet the standards
established for the platting of land.
5.2 No building hereafter erected, converted or structurally altered shall be used or occupied until a Certificate of
Occupancy has been issued by the Building Official which signifies compliance with the appropriate Zoning
District.
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 6 - CERTIFICATES OF OCCUPANCY AND COMPLIANCE
SECTION 6
CERTIFICATES OF OCCUPANCY AND COMPLIANCE
6.1 CERTIFICATES OF OCCUPANCY SHALL BE REQUIRED FOR ANY OF THE FOLLOWING:
A. Occupancy and use of a building hereafter erected or structurally altered
B. Change in use of an existing building to a use of a different classification
C. Occupancy and use of vacant land, except agricultural use
D. Change in the use of land to a use of a different classification
E. Any change in the use of a nonconforming use
No such use, or change of use, shall take place until a Certificate of Occupancy shall have been issued by the
Building Official.
6.2 PROCEDURE FOR NEW OR ALTERED BUILDINGS:
Written application for a Certificate of Occupancy for a new building or for an existing building which is to be
altered shall be made at the same time as the application for the Building Permit for such building, Said
Certificate shall be issued within ten (10) days after a written request for the same has been made to said
Building Official or his agent after the erection or alteration of such building or part thereof has been completed in
conformity with the provisions of this Ordinance.
6.3 PROCEDURE FOR VACANT LAND OR A CHANGE IN BUILDING USE:
Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a
building, or a change in a nonconforming use to a conforming use, as herein provided shall be made to said
Building Official for review according to Chapter 1, Section 6.2. If the proposed use is in conformity with the
provisions of this Ordinance, the Certificate of Occupancy shall be issued within ten (10) days after the
application for same has been made.
6.4 CONTENTS:
Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies
with all provision of the building and fire laws and ordinances. A record of all Certificates of Occupancy shall be
kept in file on the office of the Building Official or his agent and copies shall be furnished upon request to any
person having proprietary or tenancy interest in the building or land affected.
6.5 TEMPORARY CERTIFICATE:
Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the
Building Official, subject to any and all necessary conditions, for a period not exceeding six (6) months, during
the completion of alterations or during partial occupancy of a building pending its completion. Such temporary
certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the
owners or of the Town relating to the use or occupancy of the premises or any other matter covered by this
Ordinance.
6.6 CERTIFICATES FOR NONCONFORMING USES:
A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by
adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed
with the Building Official by the owner or lessee of the building or land occupied by such nonconforming use
within one (1) year of the effective date of this Ordinance.
do
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 7 - NONCONFORMING USES AND STRUCTURES
SECTION 7
NONCONFORMING USES AND STRUCTURES
7.1 A NONCONFORMING STATUS SHALL EXIST ONLY WHEN:
A. A use or structure, which does not conform to the regulations prescribed in the district in which such use or
structure is located, was in existence and lawfully operating prior to the adoption of the previous Zoning
Ordinance, 84-16, adopted October 9, 1984, and has been operating since, without discontinuance; or
B. On the effective date of this Ordinance, the use or structure was in existence and lawfully constructed,
located and operating in accordance with the provisions of the previous Zoning Ordinance or which was a
nonconforming use hereunder, and which use or structure does not now conform to the regulations herein
prescribed for the district in which the use or structure is located; or
C. The use or structure existed when the land occupied by the use or structure was annexed into the Town and
has continuously existed as a nonconforming use.
7.2 No nonconforming use or structure may be expanded or increased in any manner as of the effective date of this
Ordinance except to provide off-street loading or off-street parking space upon approval of the Board of
Adjustment.
7.3 Repairs and normal maintenance may be made to a nonconforming building provided that no structural
alterations, expansions, or extensions shall be made except those required by law or ordinance, unless the
building is changed to a conforming use.
7.4 Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not
thereafter be changed back to a nonconforming use.
7.5 Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming
use by securing a Certificate of Occupancy from the Building Official.
7.6 Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises
shall thenceforth be inconformity with this Ordinance. Abandonment shall involve the intent of the user or owner
to discontinue a nonconforming use for a period of six (6) months and shall be construed as conclusive proof of
intent to abandon the nonconforming use. Any nonconforming use that, not involving a permanent type of
structure, is moved from the premises shall be considered to have been abandoned.
7.7 If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be
rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a
nonconforming use not exceeding sixty (60) percent of its reasonable value, reconstruction will be permitted, but
the size or function of the nonconforming use cannot be expanded.
7.8 In addition to the above, the right to operate a nonconforming use shall cease, and such use shall be terminated
under any of the following circumstances:
A. Whenever there occurs a violation of any of the provisions of this Ordinance or violation of any ordinance of
the Town; or
B. Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance
with the provisions of a new or different zoning district; or
C. Whenever a nonconforming use is changed to a conforming use under the provisions of this Ordinance; or
D. Whenever the right to maintain or operate a nonconforming use is terminated by the Town Council in
accordance with Chapter 1, Section 7.10 of this Ordinance; or
E. Failure to obtain a Certificate of Occupancy in compliance of the terms of this Ordinance.
7.9 The operator, owner or occupant of any nonconforming uses of land or buildings shall, within twelve (12) months
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 7 - NONCONFORMING USES AND STRUCTURES
after the earlier date on which the same became nonconforming or the date of publication of this Ordinance,
register such nonconforming use by obtaining from the Building Official a Certificate of Occupancy. Such
Certificate of Occupancy (nonconforming) is required to maintain a nonconforming use status. Failure to timely
obtain a certificate of occupancy shall terminate the nonconforming use which shall then be subject to and shall
comply with the ordinances of the Town.
7.10 Amortization of Nonconformung Uses/Structures.
A. Determination of Need for Fxcedited Comcliance. Any person who resides or owns real property in the
Town may request that the Town Council establish a compliance date for a nonconforming use and/or
structure. Upon receiving such a request, the Town Council shall determine whether there is a public
necessity for expedited compliance with the zoning regulations. The following factors must be considered
by the Town Council in determining the public necessity for expedited compliance:
1. The character of the surrounding neighborhood.
2. The degree of incompatibility of the use and/or structure to the zoning district in which it is located.
3. The effect of the nonconforming use and/or structure on the surrounding area and the effect of its
cessation on that area.
If the Town Council finds there is not a public necessity for expedited compliance with the zoning
regulations, the Town Council shall request that the Planning & Zoning Commission initiate a public hearing
in accordance with the Zoning Ordinance to determine the proper zoning of the property on which the use
and/or structure is located.
B. Determination of Amortization Period.
1. The Town Council shall, in accordance with the law, provide a compliance date for the nonconforming
use and/or structure under a plan whereby the owner's actual investment in the structure(s), fixed
equipment and other assets (excluding inventory and other assets that may be feasibly transferred to
another site) on the property before the time that the use and/or structure became nonconforming can
be amortized within a definite time period if:
a. the Town Council finds that there is a public necessity for expedited compliance with the zoning
regulations;
b. the Town Council decides not to initiate a public hearing to rezone the property; or
c. the final zoning decision of Planning & Zoning or the Town Council does not render the use and/or
structure conforming.
2. The following factors must be considered by the Town Council in determining a reasonable
amortization period:
a. The owner's capital investment in structures, fixed equipment, and other assets (excluding
inventory and other assets that may be feasibly transferred to another site) on the property before
the time the use and/or structure became nonconforming.
b. Any costs that are directly attributable to the owner and the establishment of compliance date,
including demolition expenses, relocation expenses, termination of leases, and discharge of
mortgages,
c. Any return on capital investment since inception of the use and/or use of the structure, including
net income and depreciation.
d. The anticipated actual recovery of capital investment, including net income and depreciation.
3. If the owner did not have an investment in the use and/or structure before it became a nonconforming
use and/or structure, the owner is not entitled to an amortization to recover any of the costs set forth in
1-7-2
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 7 - NONCONFORMING USES AND STRUCTURES
Chapter 1, Section 7,10(6)(2) above,
C. Comoliance leauirement. If the Town Council establishes a compliance date for a nonconforming use
and/or structure, the use and/or structure must cease operations on or before that date, and it may not
operate and/or be occupied and/or used thereafter unless it becomes a conforming use and/or structure.
D. For purposes of this Ordinance, "owner" means the owner of the nonconforming use and/or structure at the
time of the Town Council's determination of a compliance date for the nonconforming use and/or structure.
1-7-3
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION B - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
SECTION 8
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE
PROCEDURES
8.1 AUTHORITY TO AMEND ORDINANCE:
A. The Town Council may from time to time, after public hearings required by law, amend, supplement, or
change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning
Map. Any Zoning Ordinance regulations may be ordered for consideration by the Planning & Zoning
Commission or Town Council. Any Zoning District boundary amendment may be ordered for consideration
by the:
1. Town Council;
2. Planning & Zoning Commission; or
3. The owner of the real property (or the authorized representative of an owner of real property)
B. In no case shall the Town Council act upon any zoning request prior to recommendation by the Planning &
Zoning Commission.
C. Each applicant for zoning or for an amendment or change to the existing provisions of this Zoning
Ordinance shall submit a zoning application (available from the Planning Department) to the Planning
Department on or before a scheduled submission date and shall be accompanied by payment of the
appropriate fee as established by the Town. All applications received on a date other than an official
submittal date shall be dated received on the next official submittal date. Applications must be complete for
acceptance.
D. Consideration for a change in any district boundary line or special zoning regulation may be initiated only
with written consent of the property owner, by the Planning & Zoning Commission, or by the Town Council
on its own motion when it finds that public benefit will be derived from consideration of such matter. In the
event the ownership stated on an application and that shown on the Town records are different, the
applicant shall submit written proof of ownership acceptable to the Town.
E. Zoning Application Details: To ensure the submission of adequate information, the Planning staff is hereby
empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic
review, the Planning staff shall have the authority to update such requirements for zoning application details.
8.2 PUBLIC HEARING AND NOTICE:
A. Zoning Changes: Prior to making its report to the Town Council, the Planning & Zoning Commission shall
hold at least one public hearing on each application. Prior to the tenth (10�h) day before the hearing date
before the Planning & Zoning Commission, written notice of each public hearing before the Planning &
Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as
indicated by the most recently approved Municipal Tax Roll, of property within two hundred (200) feet of the
property in which the change in classification is proposed. The notice may be served by its deposit in the
municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council
hearing shall be given by publication in the official newspaper of the Town, stating the time and place of
such hearing, a minimum of fifteen (15) days prior to the date of the public hearing.
B. Text Amendments: Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be
accomplished by one publication not less than fifteen (15) days prior to both the Planning & Zoning
Commission and Town Council meetings thereto in the official newspaper of the Town. Changes in
Ordinance text that do not change zoning district boundaries do not require written notification to individual
property owners.
CHAPTER 1- GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
8.3 FAILURE TO APPEAR:
The Planning & Zoning Commission and/or Town Council may deny a zoning application if the applicant or
representative fails to appear at one (1) or more hearings before the Planning & Zoning Commission and/or
Town Council.
8.4 COMMISSION CONSIDERATION AND REPORT:
A. The Planning & Zoning Commission, after the public hearing is closed, may vote to approve, approve with
amendments and conditions, table, or deny in whole or in part the application. The Planning & Zoning
Commission may table for not more than ninety (90) days from the time it is posted on the agenda until it
has had opportunity to consider other proposed changes which may have a direct bearing thereon. Should
the applicant wish to submit a request to table prior to the public hearing, the request shall be submitted in
writing to the Planning Department a minimum of seven (7) days prior to the meeting. In making their
determination, the Planning & Zoning Commission shall consider, among other things, the following factors:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area
concerned and their relationship to the general area and the Town as a whole,
2. Whether the proposed change is in accord with any existing or proposed plans for providing public
schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the
findings.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in
the Town, and any special circumstances that may make a substantial part of such vacant land
unavailable for development.
4. The recent rate at which land is being developed in the same zoning classification as the request,
particularly in the vicinity of the proposed change.
5. How other areas designated for similar development will be, or are unlikely to be, affected if the
proposed amendment is approved, and whether such designation for other areas should be modified
also.
6. Any other factors which will substantially affect the health, safety, morals, or general welfare.
If the Planning & Zoning Commission denies the zoning request, it may offer reasons to the applicant for the
denial,
B. Proposal Recommended for Denial by the Commission: When the Planning & Zoning Commission
determines that a proposal should be denied, it shall so report and recommend to the Town Council and
Planning staff shall notify the applicant. If the proposal is denied by the Commission, the request shall not
be forwarded to the Town Council unless the applicant requests an appeal to the Town Council or the
request is sent for review by the Commission by simple majority vote. Upon denial of a request by the
Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14) calendar days
of the date the Planning & Zoning Commission denied the request, file with the Planning Department a
written request that a public hearing be scheduled and held before the Town Council regarding the
application, The applicant shall be responsible for the costs of re -notification, including postage. When a
proposed zoning request is heard by the Town Council that has been denied by the Planning & Zoning
Commission, a vote of three-fourths (3/4) of all members of the Town Council is required to overrule a
recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied,
8.5 TOWN COUNCIL CONSIDERATION:
A. Proposal Recommended for Approval by the Commission: Every proposal which is recommended
favorable by the Planning & Zoning Commission shall be automatically forwarded to the Town Council for
setting and holding of public hearing thereon. No change, however, shall become effective until after the
adoption of an ordinance for same and its publication as required by law.
1-8-2
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
B. Town Council Consideration and Action: Town Council, after the public hearing is closed, may vote to
approve, approve with amendments and conditions, table, or deny in whole or in part the application.
Should the applicant wish to submit a request to table, the request shall be submitted in writing to the
Planning Department a minimum of seven (7) days prior to the meeting.
C. Three -Fourths Vote: If a protest against a proposed amendment, supplement or change to a zoning
regulation or boundary has been filed with the Planning Department, duly signed and acknowledged by the
owners of twenty (20) percent or more, either of the area of the lots or land included in such a proposed
change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area
thereof extending two hundred (200) feet there from or of those directly opposite thereto extending two
hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become
effective except by the affirmative vote of three-fourths (3/4) of all members of the Town Council.
D. Denial by Town Council: The Town Council may deny any request with prejudice. If a request has been
denied with prejudice, the same or similar request may not be resubmitted to the Town for six (6) months
from the original date of denial.
E. Final Approval and Ordinance Adoption: Approval of any zoning change, amendment, or supplement by
the Town Council at the scheduled public hearing shall constitute instruction to Town staff to prepare the
appropriate ordinance for final formal passage at a subsequent time. If finally approved by the required
number of votes, the ordinance shall be executed by the Mayor.
8.6 BOARD OF ADJUSTMENT:
A. Establishment of the Board of Adjustment
1. There is hereby created the Prosper Board of Adjustment (the "Board") and the Board may, in
appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to
the terms of the Zoning Ordinance that are consistent with the general purposes and intent of said
Ordinance and in accordance with any applicable rules contained in this Ordinance or in rules and
regulations adopted by the Board and approved by the Town Council. All rules and regulations
adopted by the Board shall be reviewed and approved by the Town Council. The rules and regulations
shall be consistent with and not in conflict with this Ordinance or other rules and regulations prescribed
by the Town Council. The Board shall function according to the laws of the State of Texas and, when
applicable, the provisions of this Ordinance.
2. The Board shall consist of five (5) members, to be appointed by the Town Council for a term of two (2)
years; provided, however, that of the first five (5) appointments made under this Ordinance, three (3)
shall be appointed to serve a two (2) year term and two (2) shall be appointed to serve a one (1) year
term; and, thereafter, three (3) shall be appointed during odd -numbered years and two (2) shall be
appointed during even -numbered years, for said two (2) year term. No Board Member shall serve for
more than three (3) consecutive terms or six (6) consecutive years (whichever is less).
3. When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement to
serve the remainder of that term.
4. Each Board Member may be removed by the Town Council for cause on a written charge after a public
hearing. By way of example, any Board Member who is absent from three (3) consecutive regular
meetings without explanation acceptable to a majority of the other Board Members is good cause for
removal.
5. Each Board Member shall serve without compensation, but may be reimbursed for actual expenses
approved in advance by the Town Council.
6. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written
report of such proceedings to the Town Council not more than three (3) weeks following each such
meeting.
1-8-3
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
7. Each case before the Board must be heard by at least four (4) members.
8. The Board shall have two (2) alternate Board Members appointed by the Town Council to serve in the
absence of one (1) or more regular Board Members when requested to do so by the Mayor or Town
Administrator. Each alternate Board Member serves for the same period as a regular Board Member
and is subject to removal in the same manner as a regular Board Member. A vacancy among the
alternate Board Members is filled in the same manner as a vacancy among the regular Board
Members. An alternate Board member serves upon the same terms and conditions as a regular Board
Member.
B. Officers
1. The Board shall have a Chair, Vice -Chair and Secretary whose terms shall be one (1) year. The Chair
and Vice -Chair shall be appointed by the Town Council. The Secretary shall be elected by the
members of the Board.
2. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue.
3. The Vice -Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair,
the Vice -Chair shall assume all duties of the Chair.
4. The Secretary shall keep the Minutes of all meetings, and in the Secretary's absence, the Chair shall
designate another member to act as Secretary. The Secretary may accept the assistance of Town
personnel in taking and transcribing minutes.
C. By-laws
The Board shall have the power to develop and revise by-laws for its own governance, which shall be
subject to approval by the Town Council. The by-laws shall include provisions for:
1. establishment of meeting dates; and
2. establishment of an appointment to certain committees made up of Board Members and other lay
persons to assist the Board in the conduct of its responsibilities; and
3. Board members' attendance requirements, not inconsistent with this Ordinance.
D. Duties and Responsibilities
1. The Board may:
a, hear and decide an appeal that alleges error in an order, requirement, decision or determination
made by an administrative official in the enforcement of this Ordinance or Section 211.007, Texas
Local Government Code ("the Code"), as it exists or may be amended.
In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or
modify the administrative official's order, requirement, decision, or determination from which an
appeal is taken and make the correct order, requirement, decision, or determination, and for that
purpose the Board has the same authority as the administrative official; and
b. hear and decide special exceptions to the terms of the Zoning Ordinance when the Ordinance
requires the Board to do so; and
c. permit the reconstruction, extension or enlargement of a building occupied by non -conforming
uses, on the lot or tract occupied by such building, provided such reconstruction, extension or
enlargement does not prevent the return of such property to a conforming use; and
d. authorize, in specific cases, a variance of height, yard, area, exterior structure, lot coverage, off-
street parking and loading requirements from the terms of the Zoning Ordinance, if the variance is
not contrary to the public interest and, due to special conditions, a literal enforcement of the
Ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is
1-8-4
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
observed and substantial justice is done. A variance shall not be granted to relieve a self-created
or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any
person a privilege in developing a parcel of land not permitted by Ordinance to other parcels of
land in the Town or the district. No variance may be granted if it results in an unnecessary
hardship, as herein defined, on another parcel of land.
In order to make a finding of hardship and to grant a variance, the Board of Adjustment must
determine that:
i. the requested variance does not violate the intent of the Zoning Ordinance or its
amendments; and
ii. special conditions of restricted area, shape, topography, or physical features exist that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the
same zoning district; and
iii. the hardship is in no way the result of the applicant's own actions; and
iv. the interpretation of the provisions in the Zoning Ordinance or its amendments would
deprive the applicant of rights commonly enjoyed by other properties, in the same zoning
district, that comply with the same provisions.
No variance may authorize a use other than those uses permitted in the zoning district for which
the variance is sought. Also, an application or request for a variance shall not be heard or granted
with regard to any parcel of property or portion thereof upon which a Preliminary Site Plan, Site
Plan, Preliminary Plat or Final Plat, when required by the Zoning Ordinance, and any amendments
thereto, or the Subdivision Ordinance, and any amendments thereto, for any parcel of property or
portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and,
where required, by the Town Council. The administrative procedures and requirements of the
Zoning Ordinance, and any amendments thereto, and the Subdivision Ordinance, and any
amendments thereto, with regard to both the Planning & Zoning Commission and Town Council
consideration and action, on Preliminary Site Plans, Site Plans, Preliminary Plats, and Final Plats,
must be exhausted prior to requesting a variance.
2. The concurring vote of four (4) members of the Board is necessary to:
a. Reverse an order, requirement, decision, or determination of an administrative official;
b. Decide in favor of an applicant on a matter on which the Board is required to pass under the
Zoning Ordinance; or
c. Authorize a variation from the terms of the Zoning Ordinance,
E. Appeal of Board Decision's
Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any
officer, department or board of the municipality, may present to a court of record a petition, duly verified,
setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the
Board and not thereafter. The date of filing of the decision in the Office of the Board shall be the date the
Board announces its decision either orally or in writing to the applicant.
F. Power to Obligate and Finance
The Board shall have no power to obligate the Town in any manner whatsoever. The Board's finances shall
be handled in the same manner as any division of the Town Government.
1-8-5
CHAPTER 1 - GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 9 - COMPLETE APPLICATION REQUIREMENT
SECTION 9
COMPLETE APPLICATION REQUIREMENT
9.1 No request for establishment or amendment of a zoning district, including a request to establish or amend a
Planned Development District, or a Conceptual Plan or Development Plan incorporated therein, nor application
for a site plan or other permit authorized by these zoning regulations shall be accepted for filing or processing
unless such request is accompanied by a completed application and all documents required by and prepared in
accordance with the requirements of the Zoning Ordinance and the Subdivision Ordinance, The acceptance or
processing by any Town official of a zoning request or zoning permit application prior to the time a complete
application is submitted hereby is deemed to be null and void and, upon discovery, shall be grounds for denial or
revocation of such application, A typographical error shall not constitute an incomplete application. The applicant
will be notified of, and the reasons for, such denial or revocation within ten (10) business days of the official
application date.
fln
1
Zoning Districts Established and Definitions
2-1-1
2
Equivalency Table
2-2-1
3
A —Agricultural District
2-3-1
4
SF -E — Single Family -Estate District
2-4-1
5
SF -22 — Single Family -22 District
2-5-1
6
SF -17.5 — Single Family -17.5 District
2-6-1
7
SF -15 — Single Family -15 District
2-7-1
8
SF -12.5 — Single Family -12.5 District
2-8-1
9
SF -10 — Single Family -10 District
2-9-1
10
DTR — Downtown Residential District
2-10-1
11
TH — Townhome District
2-11-1
12
2F — Two Family District
2-12-1
13
MF — Multifamily District
2-13-1
14
MH — Mobile Home District
2-14-1
15
0 — Office District
2-15-1
16
DTO — Downtown Office District
2-16-1
17
NS — Neighborhood Service District
2-17-1
18
R — Retail District
2-18-1
19
DTC — Downtown Commercial District
2-19-1
20
C — Commercial District
2-20-1
21
CC — Commercial Corridor District
2-21-1
22
1— Industrial District
2-22-1
23
PD — Planned Development District
2-23-1
24
SUP — Specific Use Permit
2-24-1
1.2
CHAPTER 2 - ZONING DISTRICTS
SECTION 1- ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
SECTION 1
ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
The Town of Prosper, Texas is hereby divided into the following zoning districts. Development occurring in the
following Districts shall comply with the regulations and standards as established herein. The Districts
established herein shall be known as:
Abbreviated Designation
A
SF -E
SF -22
SF -17.5
SF -15
SF 12.5
SF -1 ......0
...........
DTR.........
TH.m.
2F
MF
MH
0
DTO
N.�___............
R. -_--..-1-1..m....
DTC
C
CC
PD
SUP
Zoning District Name
Aaricultural
Sinale Family -Estate
Single Family -22
Sinale Familv-17.5
Sinale Family -15
Sinale Familv-12.5
..........�...................................... I....................... ...................................
Sinale Familv-10
...........................................................................................................................
Downtown_ Residential
Townhome
Two Family Residential
Multifamily
Mobile Home
Office
.............................................................................................................................................................................
Downtown Office
Neinhborhood...Service.........................................................
�...� _.....mm.......
Retail
Downtown Commercial
Commercial
Commercial Corridor
Industrial
...............................................................
Planned Development_____m....................mm .....................
Specific Use Permit
DEFINITIONS AND PURPOSE OF ZONING DISTRICTS (BASE ZONING DISTRICTS)
A. A - AGRICULTURAL DISTRICT: This District is intended to provide a location for principally undeveloped
or vacant land situated on the fringe of an urban area and used for agricultural purposes, but may become
an urban area in the future. Generally, the Agricultural District will be near development; therefore, the
agricultural activities conducted in this District should not be detrimental to urban land uses. The types of
uses and the area and intensity of uses permitted in this District shall encourage and protect agricultural
uses until urbanization is warranted and the appropriate change in district classification is made. The
Agricultural District is also intended to protect areas that may be unsuitable for development because of,
among other things, physical problems, lack of infrastructure, constraints, or potential health or safety
hazards such as flooding, as well as providing for preservation of natural open space areas.
B. SF -E - SINGLE FAMILY -ESTATE DISTRICT: This District will provide for development of single family
detached dwelling units on a minimum lot size of one (1) acre. Other uses, such as religious and
educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly,
convenient, and attractive residential area.
CHAPTER 2 -ZONING DISTRICTS
SECTION 1 -ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
C. SF -22 - SINGLE FAMILY -22 DISTRICT: This District will provide for development of single family detached
dwelling units on a minimum lot size of twenty two thousand (22,000) square feet. Other uses, such as
religious and educational facilities, parks, and open spaces will be provided for to maintain a balanced,
orderly, convenient, and attractive residential area.
D. SF -17.5 - SINGLE FAMILY -17.5 DISTRICT: This District will provide for development of single family
detached dwelling units on a minimum lot size of seventeen thousand five hundred (17,500) square feet.
Other uses, such as religious and educational facilities, parks, and open spaces will be provided for to
maintain a balanced, orderly, convenient, and attractive residential area.
E. SF -15 -SINGLE FAMILY -15 DISTRICT: This District will provide for development of single family detached
dwelling units on a minimum lot size of fifteen thousand (15,000) square feet. Other uses, such as religious
and educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly,
convenient, and attractive residential area.
F. SF -12.5 - SINGLE FAMILY -12.5 DISTRICT: This District will provide for development of single family
detached dwelling units on a minimum lot size of twelve thousand five hundred (12,500) square feet. Other
uses, such as religious and educational facilities, parks, and open spaces will be provided for to maintain a
balanced, orderly, convenient, and attractive residential area.
G. SF -10 -SINGLE FAMILY -10 DISTRICT: This District will provide for development of single family detached
dwelling units on a minimum lot size of ten thousand (10,000) square feet. Other uses, such as religious
and educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly,
convenient, and attractive residential area.
DTR - DOWNTOWN RESIDENTIAL DISTRICT: This District is designed specifically for the residential
portions of the original or downtown area of the Town. This area is generally bounded by the Railroad
tracks on the west, Eighth Street on the north, Craig Road on the east, and First Street on the south. The
standards set forth in this district strive to accommodate the original platting, as well as the preferable
standard for a minimum fifty -foot lot width. These standards will provide for a suitable residential
environment for family life on smaller parcels of land. Other uses, such as religious and educational
facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient, and
attractive residential area. This zoning district is appropriate in residential areas designated as Historic on
the Future Land Use Plan.
TH - TOWNHOME DISTRICT: This District will provide for development of attached residential dwelling
units in structures accommodating three (3) to nine (9) units. This district is a high density district, not to
exceed ten (10) units per acre. The standards in this district are intended to promote stable, quality multiple
occupancy residential development at increased densities. Individual ownership of the Townhome units is
encouraged. Multiple Townhome units may be constructed on a single lot, or on adjacent individual lots.
Other uses, such as religious and educational facilities, parks, and open spaces will be provided for to
maintain a balanced, orderly, convenient, and attractive residential area. This zoning district is appropriate
in areas designated as High Density Residential on the Future Land Use Plan. Limited amounts of this
district may also be appropriate in areas designated as Tollway Corridor or U.S. 380 Adjacency Corridor on
the Future Land Use Plan.
J. 2F - TWO FAMILY DISTRICT: This District will provide for development of two family attached dwelling
units on either a single lot, or two (2) adjacent lots. The standards in this district are intended to promote
stable, quality multiple occupancy residential development at slightly increased densities. Individual
ownership of the two family or duplex units is encouraged. Other uses, such as religious and educational
2-1-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 1 - ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient, and
attractive residential area. This zoning district is appropriate in areas designated as High Density
Residential or residential in -fill development in areas designated as Historic on the Future Land Use Plan.
K. MF - MULTIFAMILY DISTRICT: This District will provide for development of high density attached
residential dwelling units, not to exceed fifteen (15) units per acre. The standards in this district are
intended to promote stable, quality multiple occupancy residential development at high densities. The
principal permitted land uses will include apartment complexes and townhomes. Other uses, such as
religious and educational facilities, parks, and open spaces will be provided for to maintain a balanced,
orderly, convenient, and attractive residential area. This zoning district should be located adjacent to a
major thoroughfare and is appropriate in areas designated as High Density Residential on the Future Land
Use Plan, Limited amounts of this district may also be appropriate in areas designated as Tollway Corridor
or U.S. 380 Adjacency Corridor on the Future Land Use Plan.
MH - MOBILE HOME DISTRICT: This District is a detached residential district establishing standards for
the development of a mobile home park, a mobile home subdivision, or a recreational vehicle park. A
mobile home park offers spaces for the placement of mobile home units on a lease or rental basis. Mobile
home subdivisions include individually platted lots, for sale within the subdivision, for the placement of
mobile home units. Other uses, such as religious and educational facilities, parks, and open spaces will be
provided for to maintain a balanced, orderly, convenient, and attractive residential area. This zoning district
may be appropriate in areas designated as High Density Residential on the Future Land Use Plan.
M. 0 - OFFICE DISTRICT: This District is established to accommodate a variety of office developments
providing for professional, financial, medical, and similar services for local residents; corporate offices for
regional and national operations; major employment centers for city, county, and state governmental
entities; and service uses necessary to support such office uses. Such uses do require accessibility to
major thoroughfares. This zoning district may be appropriate in areas designated as Office, Tollway
Corridor, U.S. 380 Adjacency Corridor, or Retail on the Future Land Use Plan.
N. DTO - DOWNTOWN OFFICE DISTRICT: This District is established to maintain existing and encourage
additional office development in the original downtown portion of the Town. Standards for vehicle parking,
building set -backs, and building height are similar to those existing on developed properties in this section of
the Town. Therefore, these standards are only applicable to this section of the Town, This district will
accommodate a variety of office developments providing for professional, financial, medical, and similar
services for local residents and service uses necessary to support such office uses. This zoning district may
be appropriate in areas designated as Historic on the Future Land Use Plan.
0. NS - NEIGHBORHOOD SERVICE DISTRICT: This District is established as a limited retail category
intended for use by residents of nearby neighborhood areas for the purpose of supplying day-to-day needs
and personal services. Establishments should include small, free-standing retail structures, such as
convenience stores and neighborhood oriented personal service establishments. Sites zoned
Neighborhood Service should be located on a major thoroughfare and generally utilize a site adjacent to one
or more logical neighborhood service areas. The total gross floor area of all structures in an individual
Neighborhood Service District should not exceed fourteen thousand (14,000) square feet. This zoning
district may be appropriate in areas designated as Office or Retail on the Future Land Use Plan.
P. R -RETAIL DISTRICT: This District is established to provide locations for various types of general retail and
service uses for one (1) or more neighborhoods. Developments within a Retail District should utilize
established landscape and buffering requirements and be limited to two (2) stories in height. The Retail
District and shopping areas should generally be located at intersections of major thoroughfares and
2-1-3
CHAPTER 2 - ZONING DISTRICTS
SECTION 1 -ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
convenient to their residential service area, This zoning district may be appropriate in areas designated as
Retail on the Future Land Use Plan.
Q. DTC - DOWNTOWN COMMERCIAL DISTRICT: This District is established to maintain existing and
encourage additional retail and commercial development in the original downtown portion of the Town.
Standards for vehicle parking, building set -backs, and building height are similar to those existing on
developed properties in this section of the Town. Therefore, these standards are only applicable to this
section of the Town. This zoning district may be appropriate in areas designated as Historic on the Future
Land Use Plan.
R. C - COMMERCIAL DISTRICT: This District is intended predominately for heavy retail, service, light intensity
wholesale and commercial uses, but excluding warehousing uses. The nature of uses in this District has
operating characteristics and traffic service requirements generally compatible with typical office, retail, and
some residential environments. Uses in this District may require open, but screened, storage areas for
materials. This zoning district may be appropriate in areas designated as Community or Regional Retail on
the Future Land Use Plan.
S. CC - COMMERCIAL CORRIDOR DISTRICT: This District is intended primarily for employment center uses
such as light manufacturing, warehousing, wholesaling, office, and distribution operations that do not
depend upon frequent customer or client visits, as well as service uses necessary to support such
employment center uses. Such uses do require accessibility to major thoroughfares or highways, This
zoning district may be appropriate in areas designated as Tollway Corridor, U.S. 380 Adjacency Corridor, or
Industrial on the Future Land Use Plan.
T. I - INDUSTRIAL DISTRICT: This District is intended primarily for uses in the conduct of light manufacturing,
assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend
upon frequent customer or client visits. Such uses do require accessibility to major highways, rail lines or
other means of transportation. This zoning district is appropriate in areas designated as Industrial on the
Future Land Use Plan.
U. PD - PLANNED DEVELOPMENT DISTRICT: The Planned Development District is a district that
accommodates planned associations of uses developed as integral land use units such as offices,
commercial or service centers, shopping centers, residential developments of multiple or mixed housing
(including attached single-family dwellings), or any appropriate combination of uses that may be planned,
developed, or operated as integral land use units either by a single owner or a combination of owners. A
PD District may be used to permit new or innovative concepts in land utilization not permitted by other
zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions
that would not otherwise allow the development to occur, procedures are established herein to insure
against misuse of increased flexibility.
V. SUP - SPECIFIC USE PERMIT: The Specific Use Permit provides the Town an opportunity to approve,
conditionally approve, or deny identified specific uses that may be permitted in specified zoning districts.
These uses generally have unusual nuisance characteristics or are of a public or semi-public character and
are often essential or desirable for the general convenience and welfare of the community. However,
because of the nature of the use, the importance of the use's relationship to the Comprehensive Plan, and
possible adverse impacts on neighboring properties review, evaluation, and exercise of sound planning
judgment relative to the location and site plan are required.
2-1-4
CHAPTER 2 - ZONING DISTRICTS
SECTION 2 - EQUIVALENCY TABLE
SECTION 2
EQUIVALENCY TABLE
2.1 Equivalency Table -The following table will identify zoning districts adopted in the previous Zoning Ordinance and
the District that now applies in this Ordinance to those Districts:
Abbreviated
Abbreviated
Designation
Designation This
Zoning Ordinance
Ordinance
No. 84.16
A
A
SF- E....................................mm......,............S
F..E..........................
SF -22
SF -17.5
SF -1
SF -15
SF -12.5
SF -2
SF -10
SF -3
DTR
SF -A
TH
2F
2F
MF -1 & MF -2
MF
MH..................................... f
M..H...............................................
0, CC, & REC
............
0
DTO
.._.......... _.__.......... w......__...._w_...... -. ....... .
NS
.....
NS
R
R
---- -------------------------- , .......... -
DTC
MC ...........................................
.......... C............................................
..................
...... .....w ........... ....................................................r
CC
I
PD
N
PD
SUP
............ .._-111 .........._w................____
SUP
Zoning District Name
Agricultural
........................................................
Single Family -Estate
Single Family -22
Single Family-17.5
..................................Single
...Fa.m.i.ly-1.5.�.....
..........................................
Single Family -12.5
Single Family -10
_.Downtown... Residential .................................................................
esdenial
Townhome
....................
Two Family (Duplex)
Multifamily
...............................................................
Mobile Home
Office
Downtown Office
Neighborhood Service
Retail
Downtown Commercial
Commercial
Commercial Corridor
...........................................
Industrial
Planned Development
Specific Use Permit
2-2-1
CHAPTER 2 - ZONING DISTRICTS
SECTION 3 -AGRICULTURAL DISTRICT
SECTION 3
AGRICULTURAL DISTRICT
3.1 GENERAL PURPOSE AND DESCRIPTION:
The Agricultural District is intended to provide a location for principally undeveloped or vacant land situated on
the fringe of an urban area and used for agricultural purposes, but may become an urban area in the future.
Generally, the Agricultural District will be near development; therefore, the agricultural activities conducted in this
District should not be detrimental to urban land uses. The types of uses and the area and intensity of uses
permitted in this District shall encourage and protect agricultural uses until urbanization is warranted and the
appropriate change in district classification is made. The Agricultural District is also intended to protect areas
that may be unsuitable for development because of physical problems, lack of infrastructure, constraints, or
potential health or safety hazards such as flooding, as well as providing for preservation of natural open space
areas.
3.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Forty (40) feet.
2. Minimum Side Yard — Twenty (20) feet; twenty five (25) feet on corner adjacent to side street.
3. Minimum Rear Yard —Twenty (20) feet.
B. Size of Lots:
1. Minimum Lot Area — Two (2) acres.
2. Minimum Lot Width — Two hundred (200) feet.
3. Minimum Lot Depth — Two hundred (200) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/z) stories, no greater than forty (40) feet.
E. Maximum Lot Coverage: Twenty (20) percent.
3.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Campground or Recreational Vehicle Park S
Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
2-3-1
• Guest House
• Home Occupation C
• House of Worship
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard S
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stable, Commercial S
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
• Winery C
CHAPTER 2 - ZONING DISTRICTS
SECTION 3 -AGRICULTURAL DISTRICT
2-3-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 4 - SINGLE FAMILY -ESTATE DISTRICT
SECTION 4
SINGLE FAMILY -ESTATE DISTRICT
4.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -Estate District will provide for development of single family detached dwelling units on a
minimum lot size of one (1) acre. Other uses, such as religious and educational facilities, parks, and open
spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential area.
4.2 REGULATIONS:
A. Size of Yards:
1, Minimum Front Yard — Forty (40) feet.
2. Minimum Side Yard — Fifteen (15) feet; including on corner adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — One (1) acre.
2. Minimum Lot Width —One hundred and fifty (150) feet.
3. Minimum Lot Depth — Two hundred (200) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/z) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
4.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
Day Care Center, Adult S
• Day Care Center, Child C
Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
Golf Course and/or Country Club
• Guest House
• Home Occupation C
Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
2-4-1
• Municipal Uses Operated by the Town of Prosper
■ Park or Playground
Private Recreation Center
Private Street Development C
• Private Utility, Other Than Listed
Rehabilitation Care Facility C
School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 4 - SINGLE FAMILY -ESTATE DISTRICT
2-4-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 5 - SINGLE FAMILY -22 DISTRICT
SECTION 5
SINGLE FAMILY -22 DISTRICT
5.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -22 District will provide for development of single family detached dwelling units on a minimum
lot size of twenty two thousand (22,000) square feet. Other uses, such as religious and educational facilities,
parks, and open spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential
area.
5.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Forty (40) feet.
2. Minimum Side Yard — Twelve (12) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area— Twenty two thousand (22,000) square feet.
2. Minimum Lot Width —One Hundred and Twenty (120) feet.
3. Minimum Lot Depth —One hundred and seventy (170) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/2) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
5.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
Athletic Stadium or Field, Private C
« Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
2-5-1
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 5 - SINGLE FAMILY -22 DISTRICT
2-5-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 6 - SINGLE FAMILY -17 5 DISTRICT
SECTION 6
SINGLE FAMILY -17.5 DISTRICT
6.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -17,5 District will provide for development of single family detached dwelling units on a
minimum lot size of seventeen thousand five hundred (17,500) square feet. Other uses, such as religious and
educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient,
and attractive residential area.
6.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Thirty five (35) feet.
2. Minimum Side Yard — Ten (10) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard — Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Seventeen thousand five hundred (17,500) square feet.
2. Minimum Lot Width —One hundred (100) feet,
3. Minimum Lot Depth —One hundred and fifty (150) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/z) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
6.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
2-6-1
« Model Home
« Municipal Uses Operated by the Town of Prosper
• Park or Playground
« Private Recreation Center
« Private Street Development C
« Private Utility, Other Than Listed
« Rehabilitation Care Facility C
• School District Bus Yard C
« School, Private or Parochial S
« School, Public
« Sewage Treatment Plant/Pumping Station S
« Single Family Dwelling, Detached
« Stealth Antenna, Commercial C
« Telephone Exchange S
« Temporary Building C
« Utility Distribution/Transmission Facility S
« Water Treatment Plant S
CHAPTER 2 -ZONING DISTRICTS
SECTION 6 - SINGLE FAMILY -17.5 DISTRICT
2-6-2
CHAPTER 2 -ZONING DISTRICTS
SECTION 7 - SINGLE FAMILY -15 DISTRICT
SECTION 7
SINGLE FAMILY -15 DISTRICT
7.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -15 District will provide for development of single family detached dwelling units on a minimum
lot size of fifteen thousand (15,000) square feet. Other uses, such as religious and educational facilities, parks,
and open spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential area.
7.2 REGULATIONS:
A. Size of Yards:
1, Minimum Front Yard — Thirty five (35) feet.
2. Minimum Side Yard —Ten (10) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area —Fifteen thousand (15,000) square feet.
2. Minimum Lot Width —One hundred (100) feet.
3. Minimum Lot Depth —One hundred and thirty five (135) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/2) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
7.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
2-7-1
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 7 - SINGLE FAMILY -15 DISTRICT
2-7-2
CHAPTER 2 -ZONING DISTRICTS
SECTION 8 - SINGLE FAMILY -12.5 DISTRICT
SECTION 8
SINGLE FAMILY -12.5 DISTRICT
8.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -12.5 District will provide for development of single family detached dwelling units on a
minimum lot size of twelve thousand five hundred (12,500) square feet. Other uses, such as religious and
educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient,
and attractive residential area.
8.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Thirty (30) feet.
2. Minimum Side Yard — Eight (8) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Twelve thousand five hundred (12,500) square feet,
2. Minimum Lot Width —Eighty (80) feet.
3. Minimum Lot Depth — One hundred and thirty five (135) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2%) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
8.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
2-8-1
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 8 -SINGLE FAMILY -12.5 DISTRICT
2-8-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 9 - SINGLE FAMILY -10 DISTRICT
SECTION 9
SINGLE FAMILY -10 DISTRICT
9.1 GENERAL PURPOSE AND DESCRIPTION:
The Single Family -10 District will provide for development of single family detached dwelling units on a minimum
lot size of ten thousand (10,000) square feet. Other uses, such as religious and educational facilities, parks, and
open spaces will be provided for to maintain a balanced, orderly, convenient, and attractive residential area.
9.2 REGULATIONS:
A. Size of Yards:
1, Minimum Front Yard — Twenty five (25) feet.
2. Minimum Side Yard — Eight (8) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B, Size of Lots:
1. Minimum Lot Area —Ten thousand (10,000) square feet.
2. Minimum Lot Width — Eighty (80) feet.
3, Minimum Lot Depth —One hundred and twenty five (125) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Maximum Height: Two and a half (2'/z) stories, no greater than forty (40) feet.
E. Lot Coverage: forty five (45) percent.
9.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Golf Course and/or Country Club
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
2-9-1
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 9 - SINGLE FAMILY -10 DISTRICT
2-9-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 10 -DOWNTOWN RESIDENTIAL DISTRICT
SECTION 10
DOWNTOWN RESIDENTIAL DISTRICT
10.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Residential District is designed specifically for the residential portions of the original or downtown
area of the Town. This area is generally bounded by the Railroad tracks on the west, Eighth Street on the north,
Craig Road on the east, and First Street on the south. The standards set forth in this district strive to
accommodate the original platting, as well as the preferable standard for a minimum fifty -foot lot width. These
standards will provide for a suitable residential environment for family life on smaller parcels of land. Other uses,
such as religious and educational facilities, parks, and open spaces will be provided for to maintain a balanced,
orderly, convenient, and attractive residential area. This zoning district is appropriate in residential areas
designated as Historic on the Future Land Use Plan.
10.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Twenty five (25) feet.
2. Minimum Side Yard — Five (5) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Ten (10) feet.
B. Size of Lots:
1. Minimum Lot Area —Six thousand (6,000) square feet.
2. Minimum Lot Width —Fifty (50) feet.
3. Minimum Lot Depth —One hundred and twenty (120) feet.
C. Minimum Dwelling Area: One thousand five hundred (1,500) square feet.
D. Maximum Height: Two and a half (2%2) stories, no greater than forty (40) feet.
E. Lot Coverage: fifty five (55) percent.
10.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, In -Home C
• Farm, Ranch, Stable, Garden, or Orchard
• Garage Apartment
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
2-10-1
• House of Worship
• Household Care Facility
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Single Family Dwelling, Detached
• Stealth Antenna, Commercial C
• Studio Dwelling
• Telephone Exchange S
• Temporary Building C
• Two Family Dwelling (Duplex) S
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 -ZONING DISTRICTS
SECTION 10 - DOWNTOWN RESIDENTIAL DISTRICT
2-10-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 11 -TOWNHOME DISTRICT
SECTION 11
TOWNHOME DISTRICT
11.1 GENERAL PURPOSE AND DESCRIPTION:
The Townhome District will provide for development of attached residential dwelling units in structures
accommodating three (3) to nine (9) units. This district is a high density district, not to exceed ten (10) units per
acre, The standards in this district are intended to promote stable, quality multiple occupancy residential
development at increased densities. Individual ownership of the Townhome units is encouraged. Multiple
Townhome units may be constructed on a single lot, or on adjacent individual lots. Other uses, such as religious
and educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly,
convenient, and attractive residential area, This zoning district is appropriate in areas designated as High
Density Residential on the Future Land Use Plan. Limited amounts of this district may also be appropriate in
areas designated as Tollway Corridor or U.S. 380 Adjacency Corridor on the Future Land Use Plan.
11.2 REGULATIONS:
A. Maximum Permitted Density: Ten (10) units per acre.
B. Size of Yards:
1. Minimum Front Yard — Twenty five (25) feet,
2. Minimum Side Yard — Zero (0) feet for the side of a unit that is attached to another unit.
— Ten (10) feet for the side of a unit at the end of the structure; fifteen (15) feet
on corner lot adjacent to side street.
— Multiple Townhome structures constructed on the same lot shall maintain a
minimum separation of twenty (20) feet.
3. Minimum Rear Yard —Twenty (20) feet,
C. Size of Lots:
1. Minimum Lot Area — Two thousand five hundred (2,500) square feet per dwelling unit.
2. Minimum Lot Width — Twenty (20) feet per dwelling unit.
3. Minimum Lot Depth —One hundred (100) feet,
D. Minimum Dwelling Area: One thousand (1,000) square feet.
E. Maximum Height: Two and a half (2%) stories, no greater than forty (40) feet.
F. Lot Coverage: Fifty five (55) percent.
G. Minimum Usable Open Space: Twenty (20) percent.
11.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Cemetery or Mausoleum S
2-11-1
• Day Care Center, Adult S
• Day Care Center, Child C
• Farm, Ranch, Stable, Garden, or Orchard
• Golf Course and/or Country Club
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• Retirement Housing
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Attached (Townhome)
• Single Family Dwelling, Detached C
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Two Family Dwelling (Duplex)
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 11-TOWNHOME DISTRICT
2-11-2
CHAPTER 2 -ZONING DISTRICTS
SECTION 12 - TWO FAMILY (DUPLEX) DISTRICT
SECTION 12
TWO FAMILY (DUPLEX) DISTRICT
12.1 GENERAL PURPOSE AND DESCRIPTION:
The Two Family (Duplex) District will provide for development of two (2) family attached dwelling units on either a
single lot, or two (2) adjacent lots. The standards in this district are intended to promote stable, quality multiple
occupancy residential development at slightly increased densities. Individual ownership of the two (2) family or
duplex units is encouraged. Other uses, such as religious and educational facilities, parks, and open spaces will
be provided Porto maintain a balanced, orderly, convenient, and attractive residential area. This zoning district is
appropriate in areas designated as High Density Residential or residential in -fill development in areas designated
as Historic on the Future Land Use Plan.
12.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Thirty (30) feet.
2. Minimum Side Yard —Seven (7) feet; fifteen (15) feet on corner adjacent to side street,
3. Minimum Rear Yard — Twenty (20) feet.
B. Size of Lots:
1. Minimum Lot Area — Five thousand (5,000) square feet, if each unit is located on its own lot.
— Ten thousand (10,000) square feet, if two (2) units are located on a single lot.
2. Minimum Lot Width — Forty (40) feet, if each unit is located on its own lot.
— Eighty (80) feet, if two (2) units are located on a single lot
3. Minimum Lot Depth —One hundred (100) feet.
C, Minimum Dwelling Area: One thousand two hundred (1,200) square feet.
D. Maximum Height: Two and a half (2%) stories, no greater than forty (40) feet.
E. Lot Coverage: Fifty (50) percent.
F. Minimum Usable Open Space: Ten (10) percent.
G. District Platting Requirements:
1. A lot in the 2F District may be platted into individual pairs such that a unit may be placed on each of the
individual pairs of the lot. The subdivision plat shall designate the pairs for each lot and which lot lines
are to be outside lot lines of each pair, There shall be only one (1) dwelling unit per lot, and no dwelling
unit shall cross a designated outside lot line. No single-family dwelling may be constructed on one (1)
of the designated pair of lots.
2. All utilities shall be provided to each separate unit of each duplex in a 2F District such that each unit is
individually metered.
3, Special provisions shall be made when land is platted in a 2F District into lots consisting of individual
pairs permitting a separately owned dwelling unit to be placed on each of the individual pairs of a lot.
a. Plats shall be submitted and approved subject to a legal instrument(s) setting forth the manner in
which common facilities or shared elements of a structure on a lot are to be maintained, or
repaired, and shall include facades, roofs, and fencing.
2-12-1
CHAPTER 2 -ZONING DISTRICTS
SECTION 12 - TWO FAMILY (DUPLEX) DISTRICT
b. Building permits will be issued for a structure comprised of two (2) dwelling units to be built on lot
pairs but not for a single dwelling unit.
12.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Cemetery or Mausoleum S
• Day Care Center, Adult S
• Day Care Center, Child C
• Farm, Ranch, Stable, Garden, or Orchard
• Golf Course and/or Country Club
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached C
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Two Family Dwelling (Duplex)
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
2-12-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 13 - MULTIFAMILY DISTRICT
SECTION 13
MULTIFAMILY DISTRICT
13.1 GENERAL PURPOSE AND DESCRIPTION:
The Multifamily District will provide for development of high density attached residential dwelling units, not to
exceed fifteen (15) units per acre. The standards in this district are intended to promote stable, quality multiple
occupancy residential development at high densities. The principal permitted land uses will include apartment
complexes and townhomes, Other uses, such as religious and educational facilities, parks, and open spaces will
be provided for to maintain a balanced, orderly, convenient, and attractive residential area. This zoning district
should be located adjacent to a major thoroughfare and is appropriate in areas designated as High Density
Residential on the Future Land Use Plan, Limited amounts of this district may also be appropriate in areas
designated as Tollway Corridor or U.S. 380 Adjacency Corridor on the Future Land Use Plan.
13.2 REGULATIONS:
A. Maximum Permitted Density: Fifteen (15) units per acre.
B. Size of Yards:
1. Minimum Front Yard — Fifty (50) feet for one (1) or two (2) story structures.
— One hundred and fifty (150) feet for three (3) story structures.
2. Minimum Side Yard — Fifty (50) feet for one (1) or two (2) story structures adjacent to property that is
either zoned or designated on the Future Land Use Plan for single family or
two (2) family uses.
— One hundred and fifty (150) feet for three (3) story structures adjacent to
property that is either zoned or designated on the Future Land Use Plan for
single family or two family uses,
— Thirty (30) feet for one (1) or two (2) story structures adjacent to property that
is either zoned or designated on the Future Land Use Plan for multifamily or
nonresidential uses.
— One hundred (100) feet for one (1) or two (2) story structures adjacent to
property that is either zoned or designated on the Future Land Use Plan for
multifamily or nonresidential uses.
— Multiple structures constructed on the same lot shall maintain a minimum
separation of thirty (30) feet.
3. Minimum Rear Yard — Same as Minimum Side Yard requirements above.
C, Size of Lots:
1. Minimum Lot Area — one (1) acre.
2. Minimum Lot Width —One hundred (100) feet.
3, Minimum Lot Depth —One hundred and fifty (150) feet.
D. Minimum Dwelling Area:
1. One (1) or two (2) bedroom — eight hundred and fifty (850) square feet.
2. Additional bedrooms — one hundred and fifty (150) square feet per additional bedroom.
E. Maximum Height: Three (3) stories, no greater than fifty (50) feet.
2-13-1
CHAPTER 2 -ZONING DISTRICTS
SECTION 13 - MULTIFAMILY DISTRICT
F, Lot Coverage: Forty five (45) percent.
G. Minimum Usable Open Space: Thirty (30) percent,
13.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Assisted Care or Living Facility
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Cemetery or Mausoleum S
• Community Center
• Day Care Center, Adult S
• Day Care Center, Child C
• Farm, Ranch, Stable, Garden, or Orchard
• Golf Course and/or Country Club
• Home Occupation C
• House of Worship
• Household Care Facility
• Multifamily Dwelling
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• Retirement Housing
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Attached (Townhome)
• Single Family Dwelling, Detached C
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
2-13-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 14 - MOBILE HOME DISTRICT
SECTION 14
MOBILE HOME DISTRICT
14.1 GENERAL PURPOSE AND DESCRIPTION:
The Mobile Home District is a detached residential district establishing standards for the development of a mobile
home park, a mobile home subdivision, ora recreational vehicle park. A mobile home park offers spaces for the
placement of mobile home units on a lease or rental basis. Mobile home subdivisions include individually platted
lots, for sale within the subdivision, for the placement of mobile home units. Other uses, such as religious and
educational facilities, parks, and open spaces will be provided for to maintain a balanced, orderly, convenient,
and attractive residential area. This zoning district may be appropriate in areas designated as High Density
Residential on the Future Land Use Plan.
14.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Thirty (30) feet.
2. Minimum Side Yard — Five (5) feet with a minimum of twenty (20) feet separation between adjacent
units; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard —Ten (10) feet.
B. Size of Lots:
1. Minimum Lot Area —Six thousand (6,000) square feet, for individually platted lots.
— Five (5) acres minimum and twenty (20) acres maximum, for a mobile home or
recreational vehicle park, including a minimum of two thousand five hundred
(2,500) square feet per lease space.
2. Minimum Lot Width — Fifty (50) feet per individually platted lot.
— Forty (40) feet per lease space within a mobile home or recreational vehicle
park.
3. Minimum Lot Depth —One hundred and twenty (120) feet.
C. Minimum Dwelling Area: Six hundred and fifty (650) square feet.
D. Maximum Height: One (1) story, no greater than twenty (20) feet.
E. Lot Coverage: N/A
F. Minimum Average Vertical Clearance of Frame Above Ground Elevation: Eighteen (18) inches.
14.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Assisted Care or Living Facility
• Athletic Stadium or Field, Private C
• Athletic Stadium or Field, Public
• Bed and Breakfast Inn S
2-14-1
• Campground or Recreational Vehicle Park S
• Cemetery or Mausoleum S
• Community Center
• Day Care Center, Adult S
• Day Care Center, Child C
• Farm, Ranch, Stable, Garden, or Orchard
• Golf Course and/or Country Club
• Home Occupation C
• House of Worship
• Household Care Facility
• Mobile and/or Manufactured Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School, Private or Parochial S
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Single Family Dwelling, Detached C
• Stealth Antenna, Commercial C
• Telephone Exchange S
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 -ZONING DISTRICTS
SECTION 14 -MOBILE HOME DISTRICT
2-14-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 15 - OFFICE DISTRICT
SECTION 15
OFFICE DISTRICT
15.1 GENERAL PURPOSE AND DESCRIPTION:
The Office District is established to accommodate a variety of office developments providing for professional,
financial, medical, and similar services for local residents; corporate offices for regional and national operations;
major employment centers for city, county, and state governmental entities; and service uses necessary to
support such office uses. Such uses do require accessibility to major thoroughfares. This zoning district maybe
appropriate in areas designated as Office, Tollway Corridor, U.S. 380 Adjacency Corridor, or Retail on the Future
Land Use Plan.
15.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
a. Ten (10) feet adjacent to any nonresidential district.
b. Twenty five (25) feet for a one (1) story building adjacent to any residential district. Forty(40)feet
for a two (2) story building adjacent to any residential district
3. Minimum Rear Yard:
a. Ten (10) feet adjacent to any nonresidential district.
b. Twenty five (25) feet for a one (1) story building adjacent to any residential district. Forty(40)feet
for a two (2) story building adjacent to any residential district
B. Size of Lots:
1. Minimum Size of Lot Area: Seven thousand (7,000) square feet.
2. Minimum Lot Width: Seventy (70) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: Two (2) stories, no greater than forty (40) feet.
D. Lot Coverage: Thirty (30) percent.
E. Floor Area Ratio: Maximum 0.5:1.
F. Maximum Floor Area: Ten thousand (10,000) square feet; the maximum floor area may exceed ten
thousand (10,000) square feet only if the entire structure is in excess of two hundred (200) feet from a
residential use or zone.
15.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
2-15-1
Athletic Stadium or Field, Public
Automobile Paid Parking Lot/Garage S
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union
Bed and Breakfast Inn S
Business Service
Caretaker's/Guard's Residence
Cemetery or Mausoleum S
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor
Community Center
Day Care Center, Adult S
Day Care Center, Child C
Day Care Center, Incidental S
Dry Cleaning, Minor
Farm, Ranch, Stable, Garden, or Orchard
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Golf Course and/or Country Club
Governmental Office
Health/Fitness Center
Helistop S
Homebuilder Marketing Center
Hospital
House of Worship
Insurance Office
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Park or Playground
Print Shop, Minor
Private Club S
Private Recreation Center
Private Utility, Other Than Listed
Recycling Collection Point
Rehabilitation Care Institution S
Restaurant or Cafeteria C
Retail/Service Incidental Use
School District Bus Yard C
School, Private or Parochial
School, Public
Sewage Treatment Plant/Pumping Station S
Stealth Antenna, Commercial C
Telephone Exchange
Temporary Building C
Utility Distribution/Transmission Facility S
Water Treatment Plant S
CHAPTER 2 -ZONING DISTRICTS
SECTION 15 - OFFICE DISTRICT
2-15-2
CHAPTER 2 -ZONING DISTRICTS
SECTION 16 - DOWNTOWN OFFICE DISTRICT
SECTION 16
DOWNTOWN OFFICE DISTRICT
16.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Office District is established to maintain existing and encourage additional office development in
the original downtown portion of the Town. Standards for vehicle parking, building set -backs, and building height
are similar to those existing on developed properties in this section of the Town. Therefore, these standards are
only applicable to this section of the Town. This district will accommodate a variety of office developments
providing for professional, financial, medical, and similar services for local residents and service uses necessary
to support such office uses. This zoning district may be appropriate in areas designated as Historic on the
Future Land Use Plan.
16.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Ten (10) feet, a minimum of eighty (80) percent of any building fagade adjacent
to a street must be constructed at the ten (10) foot building line. The area between the back of curb
and the building fagade shall be provided as a concrete sidewalk a minimum of twelve (12) feet wide
measured from the back of curb. Any area beyond the twelve (12) feet and adjacent to the building
fagade may be provided as sidewalk or landscaping.
The following projections shall be permitted in the required front yard:
a. Ordinary building projections, including but not limited to: water tables, sills, belt courses, and
pilasters, may project up to twelve (12) inches into the required front yard, or beyond the face of an
architectural projection.
b. Balconies above the first floor may project up to sixty (60) inches into the required front yard and
have a minimum of nine (9) feet of clearance over the sidewalk.
c. Canopies, awnings, cinema or theater marquees, and/or kiosks may project up to sixty (60)
inches into the required front yard and have a minimum of nine (9) feet of clearance over the
sidewalk.
d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six (36) inches into
the required front yard, or beyond the face of an architectural projection, provided that no portion
extending below nine (9) feet above the sidewalk may project more than twelve (12) inches.
e. Architectural projections, including bays, firstfloor show windows, towers, and oriels; below grade
vaults and areaways; and elements of a nature similar to the preceding; may project up to thirty-six
(36) inches into the required front yard.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached office buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) or more story building adjacent to a residential district.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum rear yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) or more story building adjacent to a residential district.
2-16-1
CHAPTER 2 - ZONING DISTRICTS
SECTION 16 - DOWNTOWN OFFICE DISTRICT
B. Size of Lots:
1. Minimum Size of Lot Area: Five thousand (5,000) square feet unless platted as a lot of record prior to
the adoption of this district.
2. Minimum Lot Width: - Forty five (45) feet unless platted as a lot of record prior to the adoption of this
district.
3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior to the adoption of
this district.
C. Maximum Height: Two (2) stories, no greater than forty (40) feet.
16.3 PERMITTED USES:
A. Studio dwellings are permitted in this District only when located in conjunction with an Office use.
B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C
are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Public
• Automobile Parking Lot/Garage
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn S
• Business Service
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Community Center
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Farm, Ranch, Stable, Garden, or Orchard
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Governmental Office
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilder Marketing Center
• Hospital
• House of Worship
• Insurance Office
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Park or Playground
• Print Shop, Minor
• Private Club S
2-16-2
• Private Recreation Center
• Private Utility, Other Than Listed
• Restaurant or Cafeteria C
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial C
• Studio Dwelling
• Telephone Exchange
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 16 - DOWNTOWN OFFICE DISTRICT
2-16-3
CHAPTER 2 - ZONING DISTRICTS
SECTION 17 - NEIGHBORHOOD SERVICE DISTRICT
SECTION 17
NEIGHBORHOOD SERVICE DISTRICT
17.1 GENERAL PURPOSE AND DESCRIPTION:
The Neighborhood Service District is established as a limited retail category intended for use by residents of
nearby neighborhood areas for the purpose of supplying day-to-day needs and personal services. Establish-
ments should include small, free-standing retail structures, such as convenience stores and neighborhood
oriented personal service establishments, Sites zoned Neighborhood Service should be located on a major
thoroughfare and generally utilize a site adjacent to one or more logical neighborhood service areas. The total
gross floor area of all structures in an individual Neighborhood Service District should not exceed fourteen
thousand (14,000) square feet. This zoning district may be appropriate in areas designated as Office or Retail
on the Future Land Use Plan.
17.2 REGULATIONS:
A. Size of Yards:
1, Minimum Front Yard: Twenty five (25) feet.
2. Minimum Side Yard: Fifteen (15) feet; twenty five (25) feet adjacent to a residential use or zone.
3. Minimum Rear Yard: Ten (10) feet; twenty five (25) feet adjacent to a residential use or zone.
B, Size of Lots:
1. Minimum Size of Lot Area: Seven thousand (7,000) square feet.
2. Minimum Lot Width: Seventy (70) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: One (1) story, no greater than thirty (30) feet.
D. Lot Coverage: Thirty five (35) percent.
E. Floor Area Ratio: Maximum 0.35:1.
F. Maximum Floor Area: The combined floor area of all buildings or structures on a lot shall not exceed
fourteen thousand (14,000) square feet,
17.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit, Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
Antenna and/or Antenna Support Structure, Non -Commercial C
• Artisan's Workshop
Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Automobile Parking Lot/Garage
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn S
• Beer & Wine Package Sales C
2-17-1
CHAPTER 2 -ZONING DISTRICTS
SECTION 17 - NEIGHBORHOOD SERVICE DISTRICT
Caretaker's/Guard's Residence
Cemetery or Mausoleum S
Civic/Convention Center
Community Center
Convenience Store without Gas Pumps
Day Care Center, Adult S
Day Care Center, Child C
Dry Cleaning, Minor
Farm, Ranch, Stable, Garden, or Orchard
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Golf Course and/or Country Club
Governmental Office
Gymnastics/Dance Studio
Health/Fitness Center S
Homebuilder Marketing Center
Hospital
House of Worship
Insurance Office
Laundromat
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Park or Playground
Print Shop, Minor
Private Recreation Center
Private Utility, Other Than Listed
Recycling Collection Point
Rehabilitation Care Institution S
Restaurant or Cafeteria C
School District Bus Yard C
School, Private or Parochial
School, Public
Sewage Treatment Plant/Pumping Station S
Stealth Antenna, Commercial C
Telephone Exchange
Temporary Building C
Utility Distribution/Transmission Facility S
Water Treatment Plant S
2-17-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 18 - RETAIL DISTRICT
SECTION 18
RETAIL DISTRICT
18.1 GENERAL PURPOSE AND DESCRIPTION:
The Retail District is established to provide locations for various types of general retail and service uses for one
(1) or more neighborhoods. Developments within a Retail District should utilize established landscape and
buffering requirements and be limited to two (2) stories in height. The Retail District and shopping areas should
generally be located at intersections of major thoroughfares and convenient to their residential service area. This
zoning district may be appropriate in areas designated as Retail on the Future Land Use Plan.
18.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
c. Thirty (30) feet adjacent to a street.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: Two (2) stories, no greater than forty (40) feet.
D. Lot Coverage: Forty (40) percent.
E. Floor Area Ratio: Maximum 0.41.
18.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
2-18-1
• Assisted Care or Living Facility S
« Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Bank, Savings and Loan, or Credit Union
« Beauty Salon/Barber Shop
« Bed and Breakfast Inn
• Beer & Wine Package Sales C
• Building Material and Hardware Sales, Major S
• Building Material and Hardware Sales, Minor
• Business Service
• Car Wash
« Caretaker's/Guard's Residence
• Cemetery or Mausoleum S
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
« Commercial Amusement, Outdoor S
« Community Center
• Convenience Store with Gas Pumps C
• Convenience Store without Gas Pumps
« Day Care Center, Adult S
• Day Care Center, Child C
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Farm, Ranch, Stable, Garden, or Orchard
• Farmer's Market
« Feed Store
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture, Home Furnishings and Appliance Store
• Gas Pumps C
« Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
« Health/Fitness Center
« Homebuilder Marketing Center
• Hospital
• House of Worship
• Household Appliance Service and Repair
« Insurance Office
« Laundromat
« Locksmith/Security System Company
• Massage Therapy, Licensed
« Mobile Food Vendor C
CHAPTER 2 -ZONING DISTRICTS
SECTION 18 - RETAIL DISTRICT
2-18-2
• Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Nursery, Minor
Park or Playground
Pet Day Care C
• Print Shop, Minor
• Private Club S
• Private Recreation Center
• Private Utility, Other Than Listed
• Recycling Collection Point
• Rehabilitation Care Institution S
• Restaurant or Cafeteria
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Trailer Rental S
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Water Treatment Plant S
CHAPTER 2 - ZONING DISTRICTS
SECTION 18 -RETAIL DISTRICT
2-18-3
CHAPTER 2 -ZONING DISTRICTS
SECTION 19 - DOWNTOWN COMMERCIAL DISTRICT
SECTION 19
DOWNTOWN COMMERCIAL DISTRICT
19.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Commercial District is established to maintain existing and encourage additional retail and
commercial development in the original downtown portion of the Town. Standards for vehicle parking, building
set -backs, and building height are similar to those existing on developed properties in this section of the Town.
Therefore, these standards are only applicable to this section of the Town. This zoning district may be
appropriate in areas designated as Historic on the Future Land Use Plan.
19.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Ten (10) feet, a minimum of eighty (80) percent of any building fagade adjacent
to a street must be constructed at the ten (10) foot building line. The area between the back of curb
and the building fagade shall be provided as a concrete sidewalk a minimum of twelve (12) feet wide
measured from the back of curb. Any area beyond the twelve (12) feet and adjacent to the building
fagade may be provided as sidewalk or landscaping.
The following projections shall be permitted in the required front yard:
a. Ordinary building projections, including but not limited to: water tables, sills, belt courses, and
pilasters, may project up to twelve (12) inches into the required front yard, or beyond the face of an
architectural projection.
b. Balconies above the first floor may project up to sixty (60) inches into the required front yard and
have a minimum of nine (9) feet of clearance over the sidewalk.
c. Canopies, awnings, cinema or theater marquees, and/or kiosks may project up to sixty (60)
inches into the required front yard and have a minimum of nine (9) feet of clearance over the
sidewalk.
d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six (36) inches into
the required front yard, or beyond the face of an architectural projection, provided that no portion
extending below nine (9) feet above the sidewalk may project more than twelve (12) inches.
e. Architectural projections, including bays, first floor show windows, towers, and oriels; below grade
vaults and areaways; and elements of a nature similar to the preceding; may project up to thirty-six
(36) inches into the required front yard.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) or more story building adjacent to a residential district.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum rear yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) or more story building adjacent to a residential district.
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CHAPTER 2 - ZONING DISTRICTS
SECTION 19 - DOWNTOWN COMMERCIAL DISTRICT
B. Size of Lots:
1. Minimum Size of Lot Area: Five thousand (5,000) square feet unless platted as a lot of record prior to
the adoption of this district.
2. Minimum Lot Width: Forty five (45) feet unless platted as a lot of record prior to the adoption of this
district.
3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior to the adoption of
this district.
C. Maximum Height: Two (2) stories, no greater than forty (40) feet.
19.3 PERMITTED USES:
A. Studio dwellings are permitted in this District only when located in conjunction with a Commercial use.
B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C
are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Major S
• Automobile Repair, Minor
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer & Wine Package Sales C
• Bottling Works
• Building Material and Hardware Sales, Major S
• Building Material and Hardware Sales, Minor
• Business Service
• Cabinet/Upholstery Shop
• Car Wash C
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Convenience Store with Gas Pumps C
• Convenience Store without Gas Pumps
• Dance Hall S
• Day Care Center, Adult S
• Day Care Center, Child C
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CHAPTER 2 -ZONING DISTRICTS
SECTION 19 - DOWNTOWN COMMERCIAL DISTRICT
Day Care Center, Incidental S
Dry Cleaning, Minor
Equipment and Machinery Sales and Rental, Minor
Farm, Ranch, Stable, Garden, or Orchard
Farmer's Market
Feed Store
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Furniture Restoration S
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gunsmith
Gymnastics/Dance Studio
Health/Fitness Center
Homebuilder Marketing Center
Hospital
Hotel C
House of Worship
Household Appliance Service and Repair
Insurance Office
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance Standards S
Locksmith/Security System Company
Massage Therapy, Licensed
Mobile Food Vendor C
Mortuary/Funeral Parlor
Motel C
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Nursery, Minor
Office/Showroom
Park or Playground
Pet Day Care C
Print Shop, Major
Print Shop, Minor
Private Club S
Private Recreation Center
Private Utility, Other Than Listed
Recycling Collection Point
Rehabilitation Care Institution S
Research and Development Center C
Restaurant or Cafeteria C
Retail Stores and Shops
Retail/Service Incidental Use
School District Bus Yard C
School, Private or Parochial
School, Public
Small Engine Repair Shop
Stealth Antenna, Commercial C
2-19-3
• Studio Dwelling
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
Water Treatment Plant S
Winery
CHAPTER 2 - ZONING DISTRICTS
SECTION 19 - DOWNTOWN COMMERCIAL DISTRICT
2-19-4
CHAPTER 2 - ZONING DISTRICTS
SECTION 20 - COMMERCIAL DISTRICT
SECTION 20
COMMERCIAL DISTRICT
20.1 GENERAL PURPOSE AND DESCRIPTION:
The Commercial District is intended predominately for heavy retail, service, light intensity wholesale and
commercial uses, but excluding warehousing uses. The nature of uses in this District has operating
characteristics and traffic service requirements generally compatible with typical office, retail, and some
residential environments. Uses in this District may require open, but screened, storage areas for materials. This
zoning district may be appropriate in areas designated as Community or Regional Retail on the Future Land Use
Plan.
20.2 REGULATIONS:
A, Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Forty (40) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
c, Thirty (30) feet adjacent to a street,
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached retail buildings on separate lots as shown on an approved site plan.
b. Forty (40) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
B, Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: Seventy (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C, Maximum Height: Two (2) stories, no greater than forty (40) feet,
D. Lot Coverage: Fifty (50) percent.
E. Floor Area Ratio: Maximum 0.51,
20.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are
permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards,
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Antique Shop and Used Furniture
2-20-1
Artisan's Workshop
Assisted Care or Living Facility S
Athletic Stadium or Field, Private S
Athletic Stadium or Field, Public
Auto Parts Sales, Inside
Automobile Paid Parking Lot/Garage
Automobile Parking Lot/Garage
Automobile Repair, Major
Automobile Repair, Minor
Automobile Sales, Used S
Automobile Sales/Leasing, New S
Automobile Storage
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop
Bed and Breakfast Inn
Beer & Wine Package Sales C
Bottling Works
Building Material and Hardware Sales, Major
Building Material and Hardware Sales, Minor
Bus Terminal C
Business Service
Cabinet/Upholstery Shop
Car Wash
Car Wash, Self -Serve
Caretaker's/Guard's Residence
Cemetery or Mausoleum S
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor
Commercial Amusement, Outdoor S
Community Center
Contractor's Shop and/or Storage Yard
Convenience Store with Gas Pumps C
Convenience Store without Gas Pumps
Dance Hall S
Day Care Center, Adult S
Day Care Center, Child C
Day Care Center, Incidental S
Dry Cleaning, Major
Dry Cleaning, Minor
Equipment and Machinery Sales and Rental, Major
Equipment and Machinery Sales and Rental, Minor
Fairgrounds/Exhibition Area S
Farm, Ranch, Stable, Garden, or Orchard
Farmer's Market
Feed Store
Flea Market, Inside
Flea Market, Outside S
CHAPTER 2 - ZONING DISTRICTS
SECTION 20 - COMMERCIAL DISTRICT
2-20-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 20 - COMMERCIAL DISTRICT
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Furniture Restoration
Furniture, Home Furnishings and Appliance Store
Gas Pumps C
General Manufacturing/Industrial Use Complying with Performance Standards
Golf Course and/or Country Club
Governmental Office
Gunsmith
Gymnastics/Dance Studio
Health/Fitness Center
Homebuilder Marketing Center
Hospital
Hotel C
House of Worship
Household Appliance Service and Repair
Indoor Gun Range S
Insurance Office
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
Machine Shop
Massage Therapy, Licensed
Mini-Warehouse/Public Storage S
Mobile Food Vendor C
Mortuary/Funeral Parlor
Motel C
Motorcycle Sales/Service S
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Nursery, Major
Nursery, Minor
Office and Storage Area for Public/Private Utility
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Park or Playground
Pawn Shop
Pet Day Care C
Print Shop, Major
Print Shop, Minor
Private Club
Private Recreation Center
Private Utility, Other Than Listed
Recreational Vehicle Sales and Service, New/Used S
Recreational Vehicle/Truck Parking Lot or Garage S
Recycling Center S
Recycling Collection Point
Rehabilitation Care Institution S
2-20-3
• Research and Development Center C
• Residence Hotel C
• Restaurant or Cafeteria
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse
• Taxidermist
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Trailer Rental
• Transit Center
• Truck Sales, Heavy Trucks S
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Veterinarian Clinic and/or Kennel, Outdoor
• Water Treatment Plant S
• Winery
CHAPTER 2 - ZONING DISTRICTS
SECTION 20 - COMMERCIAL DISTRICT
2-20-4
CHAPTER 2 - ZONING DISTRICTS
SECTION 21 - COMMERCIAL CORRIDOR DISTRICT
SECTION 21
COMMERCIAL CORRIDOR DISTRICT
21.1 GENERAL PURPOSE AND DESCRIPTION:
The Commercial Corridor District is intended primarily for employment center uses such as light manufacturing,
warehousing, wholesaling, office, and distribution operations that do not depend upon frequent customer or client
visits, as well as service uses necessary to support such employment center uses, Such uses do require
accessibility to major thoroughfares or highways. This zoning district maybe appropriate in areas designated as
Tollway Corridor, U.S, 380 Adjacency Corridor, or Industrial on the Future Land Use Plan,
21.2 REGULATIONS:
A. Size of Yards:
Minimum Front Yard: Thirty (30) feet for one (1) or two (2) story buildings, fifty (50) feet for buildings
taller than two (2) stories.
2. Minimum Side Yard:
a. Twenty five (25) feet adjacent to a nonresidential district. The minimum side yard setback may be
eliminated for attached buildings on separate lots as shown on an approved site plan.
b. Forty (40) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
c, Forty (40) feet adjacent to a street.
3. Minimum Rear Yard:
a. Twenty five (25) feet adjacent to a nonresidential district. The minimum rear yard setback may be
eliminated for attached buildings on separate lots as shown on an approved site plan.
b. Forty (40) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a
two (2) story building adjacent to a residential district.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet,
C. Maximum Height: Eight (8) stories, not greater than one hundred (100) feet. Where buildings or structures
exceed forty (40) feet in height, such buildings or structures shall not be located closer to any residential
district boundary line than a distance equal to the sum of the required side or rear yard specified plus twice
the height of the building above forty (40) feet.
D. Lot Coverage: Sixty (60) percent.
E. Floor Area Ratio: Maximum 1,51
21.3 PERMITTED USES:
A. Compliance with State and Federal Law: No uses shall be allowed which are prohibited by State law or
which operate in excess of State or Federal environment or pollution standards as determined by the U.S.
Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or the Texas
Water Commission, as the case.
B. Open Storage: Not more than twenty (20) percent of the lot or tract may be used for the open storage of
products, materials, or equipment, all of which shall be screened from adjoining properties or streets.
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CHAPTER 2 - ZONING DISTRICTS
SECTION 21 - COMMERCIAL CORRIDOR DISTRICT
C. High Risk or Hazardous Uses:
1. The uses listed in 1.3(D) below are permitted in the Commercial Corridor District, provided that such
uses shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric
influence beyond the boundaries of the property on which such use is located and which produces no
noise exceeding the average intensity of noise of street traffic at that point and provided that such use
does not create fire hazards on surrounding property.
2. "High risk or hazardous" uses are not permitted in the Commercial Corridor District. In this section,
"high risk or hazardous" use means any use whose operation, in the opinion of the Fire Chief, involves
a much higher than average risk to public health and safety. These uses include but are not limited to
facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or
substances, or highly combustible or explosive materials are present, used, produced, stored, or
disposed of.
D. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C
are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Assisted Care or Living Facility
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Automobile Sales, Used S
• Automobile Sales/Leasing, New S
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Beer & Wine Package Sales C
• Bottling Works
• Bus Terminal C
• Business Service
• Cabinet/Upholstery Shop
• Car Wash C
• Caretaker's/Guard's Residence
• Cemetery or Mausoleum S
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Convenience Store with Gas Pumps C
• Dance Hall S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, Incidental S
2-21-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 21 - COMMERCIAL CORRIDOR DISTRICT
Dry Cleaning, Minor
Fairgrounds/Exhibition Area S
Farm, Ranch, Stable, Garden, or Orchard
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
General Manufacturing/Industrial Use Complying with Performance Standards
Golf Course and/or Country Club
Governmental Office
Gunsmith
Gymnastics/Dance Studio
Health/Fitness Center
Helistop S
Homebuilder Marketing Center
Hospital
Hotel C
House of Worship
Household Appliance Service and Repair
Indoor Gun Range S
Insurance Office
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
Machine Shop
Massage Therapy, Licensed
Mortuary/Funeral Parlor
Motel C
Motorcycle Sales/Service S
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Nursery, Major
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Park or Playground
Pet Day Care C
Print Shop, Major
Print Shop, Minor
Private Club S
Private Recreation Center
Private Utility, Other Than Listed
Recycling Center S
Recycling Collection Point
Rehabilitation Care Institution S
Research and Development Center C
Residence Hotel C
Restaurant or Cafeteria
Restaurant, Drive In
Retail/Service Incidental Use
School District Bus Yard C
2-21-3
0 School, Private or Parochial
0 School, Public
4 Sewage Treatment Plant/Pumping Station S
* Small Engine Repair Shop
0 Stealth Antenna, Commercial C
4 Storage or Wholesale Warehouse
* Taxidermist
0 Telephone Exchange
0 Temporary Building C
• Theater, Neighborhood
Theater, Regional
0 Trailer Rental
0 Transit Center
» Utility Distribution/Transmission Facility S
6 Veterinarian Clinic and/or Kennel, Indoor
a Veterinarian Clinic and/or Kennel, Outdoor
• Water Treatment Plant S
0 Winery
CHAPTER 2 -ZONING DISTRICTS
SECTION 21 - COMMERCIAL CORRIDOR DISTRICT
2-21-4
CHAPTER 2 - ZONING DISTRICTS
SECTION 22 - INDUSTRIAL DISTRICT
SECTION 22
INDUSTRIAL DISTRICT
22.1 GENERAL PURPOSE AND DESCRIPTION:
The Industrial District is intended primarily for uses in the conduct of light manufacturing, assembling and
fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer
or client visits. Such uses do require accessibility to major highways, rail lines or other means of transportation.
This zoning district is appropriate in areas designated as Industrial on the Future Land Use Plan.
22.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Fifty (50) feet.
2. Minimum Side Yard:
a. Thirty (30) feet adjacent to a nonresidential district,
b. Sixty (60) feet adjacent to a residential district.
c, Fifty (50) feet adjacent to a street.
3. Minimum Rear Yard:
a. Thirty (30) feet adjacent to a nonresidential district.
b. Sixty (60) feet adjacent to a residential district.
4. Additional Setback - For structures requiring railroad access, setback requirements from the
centerline of the railroad right-of-way shall be in accordance with applicable State law.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C, Maximum Height: Eight (8) stories, not greater than one hundred (100) feet. Where buildings or structures
exceed forty (40) feet in height, such buildings or structures shall not be located closer to any residential
district boundary line than a distance equal to the sum of the required side or rear yard specified plus twice
the height of the building above forty (40) feet.
D. Floor Area Ratio: Maximum 1:1
22.3 PERMITTED USES:
A. Compliance with State and Federal Law: No uses shall be allowed which are prohibited by State law or
which operate in excess of State or Federal environment or pollution standards as determined by the U,S.
Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or the Texas
Water Commission, as the case.
B. Open Storage: Not more than twenty (20) percent of the lot or tract may be used for the open storage of
products, materials, or equipment, all of which shall be screened from adjoining properties or streets.
C. High Risk or Hazardous Uses:
1. The uses listed in 1.3(D) below are permitted in the Industrial District, provided that such uses shall not
disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the
boundaries of the property on which such use is located and which produces no noise exceeding the
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CHAPTER 2 - ZONING DISTRICTS
SECTION 22 - INDUSTRIAL DISTRICT
average intensity of noise of street traffic at that point and provided that such use does not create fire
hazards on surrounding property.
2. A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high
risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the Fire
Chief, involves a much higher than average risk to public health and safety. These uses include but are
not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic
chemicals or substances, or highly combustible or explosive materials are present, used, produced,
stored, or disposed of.
D. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C
are permitted subject to conditional development standards. See Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Airport/Heliport S
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Assisted Care or Living Facility
• Athletic Stadium or Field, Private
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Auto Parts Sales, Outside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Major
• Automobile Repair, Minor
• Automobile Sales, Used
• Automobile Sales/Leasing, New
• Automobile Storage
• Bank, Savings and Loan, or Credit Union
• Beer & Wine Package Sales C
• Body Art Studio C
• Bottling Works
• Building Material and Hardware Sales, Major
• Building Material and Hardware Sales, Minor
• Bus Terminal C
• Business Service
• Cabinet/Upholstery Shop
• Car Wash
• Car Wash, Self -Serve
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Concrete/Asphalt Batching Plant, Permanent S
• Contractor's Shop and/or Storage Yard
2-22-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 22 - INDUSTRIAL DISTRICT
Dry Cleaning, Major
Dry Cleaning, Minor
Electric Power Generating Plant S
Equipment and Machinery Sales and Rental, Major
Fairgrounds/Exhibition Area S
Farm, Ranch, Stable, Garden, or Orchard
Feed Store
Fortune Teller/Psychic
Furniture Restoration
General Manufacturing/Industrial Use Complying with Performance Standards
Golf Course and/or Country Club
Governmental Office
Gunsmith
Health/Fitness Center
Helistop S
House of Worship
Household Appliance Service and Repair
Indoor Gun Range
Insurance Office
Landfill S
Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
Machine Shop
Massage Therapy, Licensed
Massage Therapy, Unlicensed S
Mineral Extraction S
Mini-Warehouse/Public Storage
Miscellaneous Hazardous Industrial Uses S
Mortuary/Funeral Parlor
Motorcycle Sales/Service
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Office and Storage Area for Public/Private Utility
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Park or Playground
Pawn Shop
Portable Building Sales S
Print Shop, Major
Print Shop, Minor
Private Recreation Center
Private Utility, Other Than Listed
Recreational Vehicle Sales and Service, New/Used
Recreational Vehicle/Truck Parking Lot or Garage
Recycling Center
Recycling Collection Point
Recycling Plant
2-22-3
i Rehabilitation Care Institution S
0 Research and Development Center C
Retail/Service Incidental Use
Salvage Yard S
i School District Bus Yard C
• Sewage Treatment Plant/Pumping Station S
W Sexually Oriented Uses S
0 Small Engine Repair Shop
Stable, Commercial
0 Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse
0 Taxidermist
0 Telephone Exchange
0 Temporary Building C
• Theater, Drive In S
O Theater, Regional
0 Trailer Rental
• Trailer/Mobile Home Display and Sales S
• Transit Center
4 Truck Sales, Heavy Trucks
0 Truck Terminal
0 Truck/Bus Repair
« Utility Distribution/Transmission Facility S
i Veterinarian Clinic and/or Kennel, Indoor
0 Veterinarian Clinic and/or Kennel, Outdoor
Water Treatment Plant S
W Winery
CHAPTER 2 - ZONING DISTRICTS
SECTION 22 - INDUSTRIAL DISTRICT
2-22-4
CHAPTER 2 - ZONING DISTRICTS
SECTION 23 - PLANNED DEVELOPMENT DISTRICT
SECTION 23
PLANNED DEVELOPMENT DISTRICT
23.1 GENERAL PURPOSE AND DESCRIPTION:
The Planned Development (PD) District is a district that accommodates planned associations of uses developed
as integral land use units such as offices, commercial or service centers, shopping centers, residential
developments of multiple or mixed housing (including attached single-family dwellings), or any appropriate
combination of uses that may be planned, developed, or operated as integral land use units either by a single
owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land
utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow
special conditions or restrictions that would not otherwise allow the development to occur, procedures are
established herein to insure against misuse of increased flexibility.
23.2 PLANNED DEVELOPMENT REGULATIONS:
A. Development requirements for each PD District shall be set forth in the amending ordinance granting that
PD District and shall include, but may not be limited to; base district(s), uses, density, lot area, lot width, lot
depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking,
access, screening, landscaping, architectural standards, project phasing or scheduling, management
associations, and other requirements as the Town Council and/or Planning & Zoning Commission may
deem appropriate.
B. In the PD District, uses shall conform to the standards and regulations of the base zoning district(s) to which
it is most similar. The particular zoning district shall be stated in the granting ordinance. All applications to
the Town shall list all requested variances from the standard requirements set forth throughout this
Ordinance (applications without this list, as well as other reasons, will be considered incomplete).
C. The ordinance granting a PD District shall include a statement as to the purpose and intent of the PD
granted therein, including a general statement citing the reason forthe PD request. The ordinance granting
a PD District shall also include a proposed development schedule for the PD District.
D. The PD District shall conform to all sections of this Ordinance unless specifically addressed in the granting
ordinance.
23.3 CONCEPTUAL DEVELOPMENT PLAN:
In establishing a PD District in accordance with this section, the Town Council shall approve and file as part of
the amending ordinance appropriate exhibits and standards for each PD District. To facilitate understanding of
the request during the review and public hearing process, the Planning & Zoning Commission and/or Town
Council may require a Conceptual Development Plan that illustrates graphically the standards contained therein.
A. Any applicant requesting approval of a PD District shall schedule a pre -submittal meeting with the Director
of Planning, or his/her designee, to determine whether or not a conceptual development plan is to be
submitted with the PD zoning request.
B. If it is determined that a conceptual development plan is necessary, this plan shall be submitted by the
applicant at the time of the PD zoning request. The plan shall show the applicant's intent for the use(s) of
the land within the proposed PD District in a graphic manner and supported by written documentation of
proposals and standards for development. Dependent on the nature of the PD request, this plan may be
submitted as a residential plan, non-residential plan, or a mixed-use combination of the two. For a mixed-
use development, the plan shall comply with requirements for both the residential and non-residential plans.
1. Residential Conceptual Development Plan - A conceptual development plan for residential land use
shall show in a graphic format the proposed general land use, streets, thoroughfares and preliminary lot
arrangements. The applicant shall submit text material to further explain the characteristics of the plan,
including but not limited to, the size, type and location of buildings and building sites, access, density,
2-23-1
CHAPTER 2 - ZONING DISTRICTS
SECTION 23 - PLANNED DEVELOPMENT DISTRICT
building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other
pertinent development data.
2. Non -Residential Conceptual Development Plan - A conceptual development plan for non-residential
uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of
the proposed development. The plan may include, but is not limited to, the types of use(s), topography
and boundary of PD area, proposed ingress and egress, physical features of the site, existing streets,
alleys and easements, location of future public facilities, building height and location, parking ratios,
project scheduling and other information to adequately describe the proposed development and to
provide data for approval that is to be used in preparing the final development plan(s).
23.4 CONFORMANCE TO THE CONCEPTUAL DEVELOPMENT PLAN:
Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and
approved on the conceptual development plan. Changes of detail on these final development plan(s) that differ
from the conceptual development plan may be authorized by the Planning & Zoning Commission, with their
approval of the final development plan(s) and without public hearing, if the proposed changes do not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the
above eight (8) criteria, then a public hearing must be held to adequately amend the PD District's granting
ordinance prior to the Planning & Zoning Commission's approval of the final development plan(s).
23.5 PROCEDURE:
A. The procedure for establishing a PD District shall follow the procedure for zoning amendments asset forth
in Chapter 1, Section 9.
B. If no development has occurred in the PD District within five (5) years from the date of adoption of the
granting ordinance, the Planning & Zoning Commission and Town Council may review the original
conceptual development plan to ensure its continued validity. If the Town determines the concept is not
valid, a new conceptual development plan shall be approved prior to the Town issuing a building permit for
any portion of the PD District.
23.6 All PD Districts approved in accordance with the provisions of this Ordinance in its original form, or by
subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such PD Districts,
together with the category of uses permitted therein, shall be maintained as part of this ordinance in Chapter 5,
Section 2.
2-23-2
CHAPTER 2 -ZONING DISTRICTS
SECTION 24 - SPECIFIC USE PERMITS
SECTION 24
SPECIFIC USE PERMITS
24.1 GENERAL PURPOSE AND DESCRIPTION:
This section provides the Town an opportunity to approve, conditionally approve, or deny identified specific uses
that may be permitted in specified zoning districts. These uses generally have, among other things, unusual
nuisance characteristics or are of a public or semi-public character and are often essential or desirable for the
general convenience and welfare of the community. However, because of the nature of the use, the importance
of the use's relationship to the Comprehensive Plan, and possible adverse impacts on neighboring properties
review, evaluation, and exercise of sound planning judgment relative to the location and site plan are required.
24.2 PROCEDURE:
A. The procedure for authorizing a Specific Use Permit (SUP) shall follow the procedure for zoning
amendments as set forth in Chapter 1, Section 9.
B. All SUP applications shall be accompanied by a site plan drawn to scale and showing the general
arrangement of the project, together with essential requirements such as off-street parking facilities; size,
height, construction materials, and locations of buildings and the uses to be permitted; means of ingress and
egress to public streets; the type of visual screening such as walls, plantings and fences; and the
relationship of the intended use to all existing properties and land uses in all directions to a minimum
distance of two hundred (200) feet.
C. The Planning & Zoning Commission or Town Council may require additional information or drawings (such
as, among other things, building floor plans), operating data and expert evaluation or testimony concerning
the location, function and characteristics of any building or use proposed.
24.3 SPECIFIC USE PERMIT REGULATIONS:
A. In recommending that a SUP for the premises under consideration be granted, the Planning & Zoning
Commission shall determine that such uses are harmonious and adaptable to building structures and uses
of abutting property and other property in the vicinity of the premises under consideration, and shall make
recommendations as to, among other things, requirements for the paving of streets, alleys and sidewalks,
means of ingress and egress to public streets, provisions for drainage, adequate off-street parking,
protective screening and open space, area or security lighting, heights of structures, and compatibility of
buildings. The Planning & Zoning Commission and Town Council shall consider the following criteria in
determining the validity of the SUP request:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
B. In granting a SUP, the Town Council may impose conditions that shall be complied with by the owner or
grantee before a Certificate of Occupancy (CO) may be issued by the Building Official for use of the building
on such property pursuant to such SUP and such conditions precedent to the granting of the CO. Any
special conditions shall be set forth in writing by the Town Council prior to issuance of the CO.
C. No SUP shall be granted unless the applicant, owner and grantee of the SUP shall be willing to accept and
agree to be bound by and comply with the written requirements of the SUP as attached to the site plan
drawing(s) and approved by the Planning & Zoning Commission and Town Council.
D. If required, a building permit shall be applied for and secured within six (6) months from the time of granting
the SUP, provided however, that the Town Council may authorize an extension of this time upon recom-
2-24-1
CHAPTER 2 - ZONING DISTRICTS
SECTION 24 - SPECIFIC USE PERMITS
mendation by the Planning & Zoning Commission. After six (6) months from the date of approval has
elapsed, the Planning & Zoning Commission and Town Council may review the site plan for continued
validity. If the site plan is determined invalid, the property owner(s) must submit a new or revised site plan
for approval prior to any construction or application for building permit for the area designated for the SUP.
E. A building, premise, or land used under a SUP maybe enlarged, modified, structurally altered, or otherwise
changed provided the changes do not:
1. Increase the height of structures, including, without limitation, antenna support structures.
2. Increase building square footage from its size at the time the original SUP was granted by greaterthan
ten (10) percent;
3. Reduce the distance between a building or noise -generating activity on the property and an adjacent,
off-site residential use. This provision shall not apply should the property and the residential use be
separated by a major thoroughfare depicted on the Town's Thoroughfare Plan; or
4. Reduce the amount of open space as indicated on the previously approved zoning exhibit.
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new
SUP.
F. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision,
determination, or ruling with respect to the specific land use designated by any SUP.
G. When the Town Council authorizes granting of a SUP, the Zoning Map shall be amended according to its
legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate
the appropriate zoning district for the approved use and prefixed by an "S" designation. SUPS granted shall
be indicated by numerical designation on the Zoning District Map. Chapter 5, Section 2 of this Ordinance
shall list by the numerical designation each SUP and the conditions of approval. SUPS are issued to the
property.
H. Upon holding a properly notified public hearing, the Town Council may amend, change, or rescind a SUP if:
1. There is a violation and conviction of any of the provisions of this Ordinance or any ordinance of the
Town that occurs on the property for which the SUP is granted.
2. The building, premise, or land used under a SUP is enlarged, modified, structurally altered, or
otherwise significantly changed without approval of a separate SUP for such enlargement, modification,
structural alteration, or change.
3. Violation of any provision of the terms or conditions of a SUP.
4. Ad valorem taxes on the property are delinquent by more than six (6) months.
5. The SUP was obtained by fraud or with deception.
24.4 SPECIFIC USE PERMIT FOR PRIVATE CLUBS
A. A SUP approved by the Town Council is required before any Private Club is allowed to operate within the
Town.
A Private Club shall not be located within three hundred (300) feet of the property line of any church, public
or parochial school, hospital, extended care facility, or public park, except that this prohibition will not apply
to property located within three hundred (300) feet of a public park if the Town Council affirmatively finds
that the issuance of the SUP will not be detrimental or injurious to the public health, safety or general
welfare or otherwise be injurious to the inhabitants.
The three hundred (300) feet shall be measured in a straight line from the front door of the premises to be
permitted to the nearest property line of said church, public or parochial school, hospital, extended care
2-24-2
CHAPTER 2 - ZONING DISTRICTS
SECTION 24 - SPECIFIC USE PERMITS
facility, or public park.
B. Private Clubs shall be restricted to the 0, DTO, R, DTC, C, and CC zoning districts. A private club is also
permitted by SUP as an accessory use in any zoning district only when in conjunction with the operation of a
golf course.
C. The permittee shall comply with all of the provisions of the Texas Alcoholic Beverage Code as it exists or
may be amended, and the permittee shall receive a Private Club Permit from the State within six (6) months
from the date of issuance of the SUP by the Town or the permit is null and void, each such limitation and
time being subject to extension by the Town Council, at its sole discretion.
The Town Council may provide for such other conditions and restrictions which the Town may determine at
the time of granting the SUP that are necessary to protect and provide for the health, safety, and general
welfare of the community. Each SUP issued shall be subject to review based upon the recommendation of
the Town staff.
2-24-3
AL"
Use of Land and Buildings
3-1-1
1.1 — Uses Permitted by District
3-1-1
1.2 — Classification of New and Unlisted Uses
3-1-1
1.3 — Schedule of Uses
3-1-1
1.4 — Conditional Development Standards
3-1-13
Definitions
3-2-1
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
SECTION 1
USE OF LAND AND BUILDINGS
1.1 USES PERMITTED BY DISTRICT:
A. Land and buildings in each of the zoning districts may be used for any of the indicated uses but no land
shall hereafter be used, and no building or structure shall hereafter be erected, altered, or converted,
which is arranged or designed or used for other than those uses specified as permitted uses in the
district in which it is located, according to the Chapter 3, Section 1.3 and in accordance with Chapter 1,
Section 3 and the provisions of this Ordinance.
B. Legend for Schedule of Uses in Section 1.3
• Use is oermittea..ih.mtlistrict indicated......�....�......_.......................................m...�..�..............
....�_�,} Use is prohibited in district
..indicated
S Use is permitted in district upon approval of a specific use permit
m------ Is permitted in the district indicated if conditional development
.......................................................r
.........m ................
1 Use ' standards or
limitations in the corresponding numeric end note in Chapter 3, Section 1A are
complied with
C. If a use is not on the Schedule of Uses, it is prohibited subject to compliance with Section 1.2 below.
1.2 CLASSIFICATION OF NEW AND UNLISTED USES:
It is recognized that new types of land use will develop and forms of land use not presently anticipated may
seek to locate in the Town. In order to provide for such changes and contingencies, a determination as to
the appropriate classification of any new or unlisted form of land use shall be made as follows;
A. The Building Official shall refer the question concerning any new or unlisted use to the Planning &
Zoning Commission requesting an interpretation as to the zoning classification into which such use
should be placed. The referral of the use interpretation question shall be accompanied by a statement
of facts listing, among other things, the nature of the use and whether it involves dwelling activity, sales,
processing, type of product, storage, anticipated employment, transportation requirements, the amount
of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general
requirements for public utilities such as water and sanitary sewer,
B. The Planning & Zoning Commission shall consider the nature and described performance of the
proposed use and its compatibility with the uses permitted in the various districts and recommend to the
Town Council the zoning district(s), use, and classification.
C. The Planning & Zoning Commission shall transmit its recommendations to the Town Council as to the
zoning district(s), use, and classification proposed for any new or unlisted use. The Town Council shall
make such determination concerning the zoning district(s) and classification of such use as it
determines appropriate.
D. Standards for new and unlisted uses may be interpreted as those of a similar use. When determination
of the minimum requirements cannot be readily ascertained, the same process outlined in Chapter 3,
Section 1.2 (1-3) shall be followed for determination of the new standards.
1.3 SCHEDULE OF USES:
The Schedule of Uses appears on the following charts.
SECTION 1.3(A)
RESIDENTIAL USES
Residential Districts
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
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3-1-4
Residential Districts
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
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3-1-5
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
3-1-6
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
Residential Districts Non -Residential Districts
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SECTION 1 - USE OF LAND AND BUILDINGS
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3-1-8
SECTION 1.3(G)
SERVICE USES
(CONTINUED)
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
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3-1-9
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
Residential Districts Non -Residential Districts
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3-1-10
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
3-1-11
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3-1-11
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
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3-1-12
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
1.4 CONDITIONAL DEVELOPMENT STANDARDS:
1. Private Street Development:
Private Street Developments are subject to provisions of the Thoroughfare and Circulation Design
Requirements ordinance, as it exists or may be amended. Private Street Developments are permitted
by Specific Use Permit in the referenced districts. Private Street Developments that exist as of the
adoption of this Ordinance, May 10, 2005, and properties that are zoned by a planned development that
permits Private Street Developments are excluded from the requirement for a Specific Use Permit. In
considering a request for a Specific Use Permit for a Private Street Development, the Town Council
shall use any of the following criteria:
New Development
a) Non -disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails,
public pedestrian pathways, etc.);
b) Non -disruption to and from properties of future developments either on-site or off-site to the
proposed subdivision;
c) No negative effect on traffic circulation on public streets;
d) No impairment of access to and from public facilities including schools or parks;
e) Adequate and timely provision of essential municipal services (emergency services, water/sewer
improvements or maintenance, etc.);
f) Existence of natural and/or man-made boundaries around the development (creeks, floodplain, golf
courses, parks); and/or
g) Absence of a concentration of Private Street Developments in the vicinity of the requested Private
Street Development.
h) And any other criteria deemed appropriate by the Town Council
Conversion of existino subdivision to Drivate streets
a) Criteria would include all the issues and procedures involved with new developments;
b) Petition signed by one hundred (100) percent of the owners in the existing subdivision requesting
approval to convert to private streets;
c) Formation of a property owners' association, if none exists, that would be responsible for owning
and maintaining the converted streets and right-of-ways;
d) Replatting of existing subdivision to reflect changes; and/or
e) Applicant agreeing to contract with the Town for purchase of the converted infrastructure and
rights-of-way from the Town.
2. Single Family Dwelling, Detached:
Single family dwellings, detached may be developed in the referenced districts using the minimum
development standards for the SF residential districts. The district standards selected shall be
indicated on the preliminary and final plats for the property to be developed as single family dwellings,
detached.
3. Gas Pumps:
Gas pumps shall be subject to the following development standards:
3-1-13
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
a) Gas Pumps are permitted only within two hundred (200) feet of the right-of-way lines of intersecting
major thoroughfares;
b) Gas Pumps are permitted at a maximum of two (2) corners at an intersection of two (2) major
thoroughfares;
c) Canopies shall have pitched roofs;
d) Canopy support columns shall be entirely masonry encased;
e) A raised landscape planter of the same material as the masonry columns shall be provided at both
ends of all pump islands. Raised landscape planters shall be between eighteen (18) and twenty-
four (24) inches tall and a minimum of four (4) feet wide and four (4) feet long;
Raised planters shall be landscaped with a combination of shrubs and ground cover as
approved by the Director of Planning, or his/her Designee.
f) Landscape island(s) totaling a length equal to fifty (50) percent of the canopy perimeter and a
minimum of six (6) feet wide shall be provided for screening and traffic flow purposes;
These areas shall have a minimum of one (1) ornamental tree per twelve (12) linear feet or
portion thereof and one (1) five (5) gallon shrub per one (1) linear foot arranged as approved
by the Director of Planning, or his/her Designee.
g) Use shall be removed if closed for more than six (6) months; and
h) The canopy band face shall be of a color consistent with the main structure or an accent color and
may not be backlit.
4. Homebuilder Marketing Center:
Shall be used only to market homes/lots in the development where it is located when located in a
residential zoning district. The use must be removed when all homes/lots in the development have
been sold.
5. Home Occupation:
A home occupation is a business that is customarily carried on in a home by the resident and shall
adhere to all of the following conditions and requirements:
a) No signage associated with the home occupation and visible from outside of the dwelling shall be
allowed on the premises.
b) Only two (2) employees other than the occupants of the residence may be employed on-site at any
one time. This shall not include the coordination or supervision of employees who do not regularly
visit the house for purposes related to the business.
c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m, for outdoor activities.
d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and
public rights-of-way.
e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the
home occupation.
f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or
glare beyond the property lines.
g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in
which fleet vehicles visit the site.
3-1-14
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes
the residential character of the home.
i) No repair or servicing of vehicles, internal combustion engines, large equipment or large
appliances shall be allowed.
j) No storage of hazardous materials for business purposes shall be allowed on the premises.
k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a
service shall be allowed; and orders previously made by telephone or at a sales party may be filled
on the premises.
1) No traffic shall be generated by a home occupation in greater volumes than normally expected in a
residential neighborhood, and any need for parking must be accommodated within the off-street
parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the
lot.
Homeowners/occupants who establish an occupation in their residence must adhere to all of the above
conditions.
6. Mobile Food Vendor:
Mobile food vendors are subject to the following regulations:
a) Mobile food vendors are permitted in Retail, Downtown Commercial, and Commercial zoning
districts;
b) Mobile food vendors shall be located on private property where an existing, permanent business
operates in a building with a Certificate of Occupancy;
c) Mobile food vendors shall provide the Town with a copy of written permission from the property
owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile vendor
and their customers access to a commercially plumbed public restroom on-site;
d) A mobile food vendor shall submit a site plan depicting the location of the mobile food vendor on
the property, shall secure a health permit from the Town, and a permit from Building Inspections
prior to the operation of such use;
e) Temporary connections to potable water are prohibited. Water shall be from an internal tank, and
electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance
with the Electrical Code as adopted by the Town, including amendments thereto;
f) Mobile food vendors shall be located within fifty (50) feet of an entrance of a primary building that
holds the Certificate of Occupancy;
g) Mobile food vendors shall be setback a minimum of one hundred (100) feet from major
thoroughfares, as designated on the Town's Thoroughfare Plan, as it exists or may be amended;
h) Mobile food vendors may operate only during the business hours of the primary business on the
property;
i) The operator shall possess a Town tax certificate showed as paid;
j) A drive through is not permitted in conjunction with the mobile food vendor;
k) Mobile food vendors shall not operate in required parking spaces, driveways, fire lanes or public
roads;
1) Sales of food from a stationary vehicle excludes catering trucks; and
m) Mobile food vendors are prohibited in a temporary building.
3-1-15
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
7. Temporary Building:
A. Temporary buildings are permitted by right for houses of worship, public schools (kindergarten
through twelfth grade only), and government agencies (See Chapter 3, Section 2.2), subject to the
conditions below, Temporary buildings are permitted by Specific Use Permit for private enterprises
subject to the conditions below.
B. A permit to erect a temporary building may be issued for an initial period of three (3) years provided
the applicant submits:
1) an application with documented evidence of an immediate need for space to the Building
Official, who shall evaluate each application for a temporary building based on the following
criteria:
a) capacity of the existing permanent building(s), which is located or planned to be located
on the same property for which the temporary building permit is being sought, compared
to the enrollment, employment, and/or number of people attending the existing permanent
building(s) at one time;
b) total enrollment, employment, and/or membership size;
c) documentation of growth records depicting the number of people in the congregation,
school and/or office;
d) whether the facility is a start-up or new facility;
e) indication of alternative options that were explored before a temporary building application
was considered;
f) acts of nature; and/or
g) any other evidence which is reasonably related to the immediate need for additional
space;
2) a preliminary site plan to the Planning Department, providing for a permanent solution to the
immediate need for a new temporary building(s) showing the permanent building(s), the
temporary building(s), and the required parking, which is subject to the review and approval of
the Planning & Zoning Commission; and
3) a site plan for the temporary building(s) to the Planning Department, which is subject to the
review and approval of the Planning & Zoning Commission
C. The temporary building(s) shall be removed within thirty (30) days of the date:
1) a Certificate of Occupancy is issued for the permanent building; or
2) the permit for the temporary building expires, whichever occurs first.
D. A request for a one (1) year extension of the temporary building permit may be granted by the
Planning & Zoning Commission provided the applicant:
1) has an approved and valid preliminary site plan for the permanent building(s) and an approved
and valid site plan for the temporary building(s);
2) has a specific plan of how an additional year would allow the applicant to construct the
permanent building(s) by providing:
a) evidence of numeric growth, beyond that which was specifically anticipated by the
applicant;
b) membership, enrollment, and/or employment growth records;
3-1-16
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
c) evidence that alternative options were explored before an extension of the temporary
building permit was requested; and
d) any other criteria reasonably deemed appropriate by the Planning & Zoning Commission.
E. The applicant may challenge a decision of the Building Official or Planning & Zoning Commission,
by appealing, in writing, to the Town Council within fourteen (14) days of a decision of the Building
Official or the Planning & Zoning Commission. The Town Council's decision is final.
Three (3) or more members of the Town Council may appeal the decision of the Planning & Zoning
Commission by submitting a written notice of appeal to the Planning & Development Department.
The Town Council shall consider and act on whether it will appeal the Commission's decision no
later than fourteen (14) days from the date of such decision or at its first regular meeting (for which
there is time to post an agenda as required by law) that occurs after the Commission meeting at
which the decision was made, whichever is later. Written notice of the Town Council's vote to
appeal shall be submitted to the Planning Department within seven (7) days of the Town Council's
vote. The Town Council shall consider the appeal at a public meeting no later than forty-five (45)
days after the date on which the notice of appeal is submitted to the Planning Department. The
Town Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
8. Athletic Stadium or Field, Private
Permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial.
9. Rehabilitation Care Facility:
Shall maintain a minimum separation of fifteen hundred (1,500) feet measured linearly from property
line to property line from any other Rehabilitation Care Facility,
10. Antenna, Non -Commercial:
a) Satellite Dishes and Wireless Broadband Antennas
In the A, SF, DTR, 2F, and MH districts, satellite dishes and wireless broadband antennas are
permitted only on the back half of a residential structure or in the back yard of a residential lot
unless a signal cannot be received in these areas. Should a satellite dish or wireless
broadband antenna be placed somewhere other than on the back half of a residential structure
or in the back yard of a residential lot, it shall be limited to not more than two (2) feet in
diameter. Only three (3) satellite dishes and/or wireless broadband antennas shall be
permitted per lot or primary structure. One (1) of the three (3) satellite dishes and/or wireless
broadband antennas on a residential structure and/or lot may be up to twelve (12) feet in
diameter. The other two (2) satellite dishes and/or wireless broadband antennas shall not
exceed two (2) feet in diameter.
2. In the TH and MF districts, satellite dishes and wireless broadband antennas are permitted
only on the back half of a residential structure or in the back yard of a residential lot unless a
signal cannot be received in these areas. Should a satellite dish or wireless broadband
antenna be placed somewhere other than on the back half of a residential structure or in the
back yard of a residential lot, it shall be limited to not more than two (2) feet in diameter. Only
three (3) satellite dishes and/or wireless broadband antennas shall be permitted per residential
unit. One (1) of the three (3) satellite dishes and/or wireless broadband antennas on a
residential unit may be up to twelve (12) feet in diameter. The other two (2) satellite dishes
and/or wireless broadband antennas shall not exceed two (2) feet in diameter.
b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property
owners, and shall comply with all regulations of the Federal Communications Commission (FCC).
In no case shall the height of such antennas exceed forty-five (45) feet and proper guy wire
3-1-17
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
securement shall be followed. In no manner shall the use of such equipment infringe upon
adjoining property owners. Roof mounted satellite dishes in excess of fifty (50) pounds shall be
approved by a registered architect or professional engineer by written letter to the building official,
prior to installation, stating the antenna's stability and support and shall not extend more than six
(6) feet above the first story.
11. Antenna, Commercial:
Permitted by Specific Use Permit in the referenced districts subject to the following standards:
a) No commercial antenna shall be located within a distance equal to or less than the height of such
tower from any residential structure or from any area zoned residential, or shown as residential on
the current Future Land Use Plan. Such distance shall be measured in a straight line from the
closest point of the tower to the closest point of such area or residential structure. This
requirement does not apply to a stealth antenna.
b) Additional antennas may be placed on a commercial antenna tower with an existing Specific Use
Permit without approval of a separate Specific Use Permit subject to approval of a final plat and
site plan (as necessary) for the property.
c) Satellite dishes, antennas and cellular equipment shall be screened from rights-of-way and
adjacent properties.
12. Antenna, Stealth:
Stealth antennas are permitted by right in the residential districts only as a secondary use when the
primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth
antennas are permitted by right in the non-residential districts. The Director of Planning, or his /her
designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a
type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2. For stealth
antenna requests of a type that are not specifically listed in this definition, the Town Council may
determine if a proposed commercial antenna is a stealth antenna or not when considering site plan
approval for the proposal.
13. Bus Terminal:
Permitted by right in the CC district. Permitted by Specific Use Permit in the C and I districts. Bus
parking and storage areas will be screened with a six (6) foot ornamental metal fence, three (3) inch
caliper evergreen trees on twenty (20) foot centers, and five (5) gallon evergreen shrubs on three (3)
foot centers located within a fifteen (15) foot landscape edge.
14. School District Bus Yard:
A School District Bus Yard shall be owned and/or operated by a public Independent School District.
Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be
screened using one of the following methods:
C tion 1
• A six (6) foot ornamental metal fence,
Three (3) inch caliper evergreen trees on twenty (20) foot centers, and
• Five (5) gallon evergreen shrubs on three (3) foot centers.
Option 2
• A six (6) foot clay -fired brick wall, and
• Three (3) inch caliper evergreen trees on twenty (20) foot centers.
3-1-18
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
15. Research and Development Center:
Any Research and Development Center that includes animal or biological testing will be permitted by
Specific Use Permit in the designated districts; otherwise they are permitted by right.
16. Beer & Wine Package Sales:
a) Shall not be located closer than three hundred (300) feet to a church and/or public hospital
measured along the property lines of the street fronts from front door to front door and in direct
lines across intersections.
b) Shall not be located closer than three hundred (300) feet to a public or private school measured in
a direct line from property line to property line, and in direct lines across intersections.
c) The distance between a Beer & Wine Package Sales Establishment and a private school can be
increased to one thousand (1,000) feet if the Town Council receives a request from the governing
body of the private school to do so.
d) Beer sales are not permitted in residential areas. Residential areas include properties that are
zoned Neighborhood Service or a Planned Development that allows vertical mixed use
developments with a residential component, because these zoning districts are part of the
neighborhood(s) within which they are located.
e) Beer & Wine Package Sales establishments that derive more than seventy five (75) percent of their
gross revenue from the sale of beer and/or wine:
1. Are permitted only by Specific Use Permit in the R, C, CC, and I zoning districts;
2. Shall not be located closer than two thousand (2,000) feet from another Beer & Wine Package
Sales store that derives more than seventy five (75) percent of their gross revenue from the
sale of beer and/or wine, measured building -to -building (or outer wall of the lease space) in a
straight line;
3. Shall not be located closer than eight hundred (800) feet from the building to the property line
of a residential zoning district; and
4. Shall not be located closer than one thousand five hundred (1,500) feet from the property line
of a Town park, church, hospital, public or private school, college/university, rehabilitation care
institution, or child or adult day care, measured in a straight line from front door of the
establishment to the nearest property line of a Town park, church, hospital, public or private
school, college/university, rehabilitation center, or child or adult day care.
f) Comply with all other requirements of the Texas Alcoholic Beverage Code, as it exists or may be
amended,
17. Convenience Store With Gas Pumps:
Convenience Stores with Gas Pumps shall be subject to the following development standards:
a) Permitted in the designated districts only within two hundred (200) feet of the right-of-way lines of
intersecting major thoroughfares;
b) Gas Pumps are permitted at a maximum of two (2) corners at an intersection of two (2) major
thoroughfares;
c) Canopies shall have pitched roofs;
cl) Canopy support columns shall be entirely masonry encased;
e) The canopy band face shall be a color consistent with the main structure or an accent color and
may not be backlit; and
3-1-19
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
D Use shall be removed if closed for more than six (6) months.
18. Nursery, Major:
Permitted by Specific Use Permit in an Agricultural zoning district if designated as non-residential on
the Future Land Use Plan.
19. Body Art Studio:
Must be set back one thousand (1,000) feet from any other Body Art Studio, Residential Zoning District,
church, Public, Private, or Parochial School, and day care.
20. Day Care Center, Child:
Notwithstanding anything to the contrary herein, a public independent school district is not required to
obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center,
Child not operated by a public independent school district is permitted by SUP in all districts except
Industrial.
21. Day Care Center, In -Home:
Permitted by right as a home occupation in the designated zoning districts and is subject to the
regulations of Home Occupation.
22. Hotel:
Hotel developments shall be subject to the following development standards:
a) External balconies and walkways shall be set back two hundred (200) feet from any residential
zoning district.
b) Shall provide staff on-site twenty four (24) hours a day,
c) Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
d) All room units must be accessed through an internal hallway, lobby, or courtyard.
e) Permitted by Specific Use Permit in a Downtown Commercial District.
23. Motel:
Motel developments shall be subject to the following development standards:
a) External balconies and walkways shall be set back two hundred (200) feet from any residential
zoning district.
b) Shall provide staff on-site twenty four (24) hours a day.
c) Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
3-1-20
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1- USE OF LAND AND BUILDINGS
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
d) Shall maintain a minimum separation of one thousand five hundred (1,500) feet measured linearly
from property line to property line from any other Hotel, Motel, or Residence Hotel property.
24. Pet Day Care:
Permitted by right subject to the following standards:
a) Hours of operation limited to 6:00 a.m. to 8:00 p.m.
b) A Pet Day Care must be located a minimum of one hundred (100) feet from restaurants and food
preparation establishments (property line to property line).
c) Overnight boarding of animals and outdoor kennels are prohibited.
d) Provisions must be made for the sanitary disposal of all animal waste in accordance with the
Animal Control Ordinance and Building Codes, as they exist or may be amended.
25. Residence Hotel:
Residence Hotel developments shall be subject to the following development standards:
a) Not more than twenty three (23) room units per acre.
b) External balconies and walkways shall be set back two hundred (200) feet from any residential
zoning district.
c) Shall maintain laundry facilities on-site for guest use.
d) Shall provide staff on-site twenty four (24) hours a day.
e) Shall provide at least five ( 5) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
f) Shall be set back a minimum of one hundred (100) feet from any residential district.
g) Shall maintain fifteen (15) percent of the lot area as open space, exclusive of required setbacks
and parking areas, but including amenities from the above list except for Conference Room and
Full Service Restaurant.
3-1-21
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 1 - USE OF LAND AND BUILDINGS
h) Shall maintain a minimum separation of fifteen hundred (1,500) feet measured linearly from
property line to property line from any other Hotel, Motel, or Residence Hotel property.
i) A minimum of fifty (50) percent of the room units shall contain kitchen facilities.
j) Shall be permitted only with frontage along U.S, 380, Preston Road, or the Dallas Parkway.
26. Restaurant or Cafeteria:
Permitted by right provided that no drive-through restaurant is permitted.
27. Car Wash:
Permitted as an accessory use to Convenience Store with Gas Pumps.
28. Winery:
A winery is permitted by right in the Agricultural District only when located on the same lot as a
vineyard. The vineyard shall occupy a minimum of eighty (80) percent of the lot, and the winery may
not exceed twenty (20) percent of the lot.
em
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
SECTION 2
DEFINITIONS
2.1 For the purpose of these regulations, certain terms and words are to be used and interpreted as defined
hereinafter. Words used in the present tense shall include the future tense; words in the singular number
include the plural and words in the plural number include the singular, except where the natural construction
of the writing indicates otherwise. The word "shall' is mandatory and not discretionary.
2,2 Abutting, Adjacent, or Adjoining - Contiguous or sharing a common border or boundary with other
property. Abutting, adjacent and adjoining shall include property immediately across an alley, but shall not
include property across a street.
Accessory Building - A building that is subordinate to and functionally related to the primary building,
which contributes to the comfort, convenience, or necessity of occupants of the primary building on the
same platted lot. Accessory buildings shall be detached from the primary building.
Administrative, Medical, or Professional Office - A building used for the provision of executive,
management, or administrative services. Typical uses include, but are not limited to, administrative offices
and services including real estate, property management, investment, medical, architect, engineer, travel,
secretarial services, accounting organizations and associations, and vehicle rental office without on-site
storage of fleet vehicles.
Advertising Sign Or Structure - Any cloth, card, paper, metal, glass, wooden, plastic, plaster or stone sign
or other sign, device or structure of any character whatsoever, including a statuary or place for outdoor
advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building or structure. The term
"placed" shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking,
carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an
advertising structure shall be determined as the area of the largest cross-section of such structure.
Directional, warning, or any other signs posted by public officials in the course of their public duties shall not
be construed as advertising signs for the purpose of this Ordinance.
Airport/H ell port - A place where aircraft and/or helicopters can land and take off, usually equipped with
hangars, facilities for refueling/repair and various accommodations for passengers.
Alley - A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access
to the back or side of properties otherwise abutting a street, and which may be used for public utility
purposes.
Antenna - An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for
transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.
Antenna, Commercial - An antenna and its support structure used for commercial broadcasting or
telecommunication purposes. This definition shall also include a satellite dish exceeding twelve (12) feet in
diameter and a microwave -transmitting tower. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and
Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements
and guidelines for human safety, as they exist or may be amended.
Antenna, Non -Commercial - An antenna and its support structure not exceeding forty-five (45) feet in
height above the ground elevation at the base of the support structure, designed for transmitting or receiving
any portion of the radio, microwave, or electromagnetic spectrum. This definition shall also include a
satellite dish antenna not to exceed twelve (12) feet in diameter.
Antenna, Stealth - A commercial antenna and its support structure that is designed to be non -
obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas
include, but are not limited to:
3-2-1
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
• Antennas within a building's attic space;
• Antennas on the roof of a minimum three-story building and not visible from the property line of
the lot on which the antenna is located;
• Antennas on a public utility structure, such as a water tower or high transmission line support
tower, and painted to match the structure; or
• Antennas located within a structure such as a flagpole, church steeple, subdivision monument,
clock tower, or similar architectural feature, and Antennas located on an athletic field light pole.
Antenna Support Structure - Any tower, mast, pole, tripod, box frame, or other structure utilized for the
purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or
microwave signals.
Antique Shop and Used Furniture - A retail establishment engaged in the selling of works of art, furniture,
or other artifacts of an earlier period, with all sales and storage occurring inside a building.
Apartment - A room or suite of rooms in a Multiple -Family Residence arranged, designed, or occupied as a
place of residence by a single family, individual, or group of individuals.
Artisan's Workshop - An establishment used for the preparation, display, and sale of individually crafted
artwork, jewelry, furniture, sculpture, pottery, leather -craft, hand-woven articles, and related items.
Assisted Care or Living Facility - A facility which provides residence and care to ten or more persons
regardless of legal relationship who are elderly; disabled; orphaned, abandoned, abused, or neglected
children; victims of domestic violence; convalescing from illness; terminally ill; or temporarily homeless due
to fire, natural disaster, or financial setback together with supervisory personnel. This definition shall also
include a facility providing health care or rehabilitative services over a long period of time to persons
chronically ill, aged, or disabled due to injury or disease.
Athletic Stadium or Field, Private - A private field(s) and structure used for sporting events with
associated spectator seating, either permanent or temporary.
Athletic Stadium or Field, Public - A field(s) and structure owned and operated by the Town of Prosper
and/or a local independent school district used for sporting events with associated spectator seating, either
permanent or temporary.
Automobile - A self-propelled mechanical vehicle designed for use on streets and highways for the
conveyance of goods and people, including, but not limited to, passenger cars, trucks, buses, motor
scooters, and motorcycles.
Automobile Parking Lot/Garage - An area or structure where the parking of motor vehicles serves as the
primary use on the lot. This use does not include the storage of gasoline.
Automobile Paid Parking Lot/Garage - An area or structure where a fee is charged for parking motor
vehicles and which serves as the primary use on the lot. This use does not include the storage of gasoline.
Automobile Repair, Major - General repair or reconditioning of engines, air-conditioning systems, and
transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision
services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam
cleaning; tire retreading; insurance estimations with on site storage; undercoating and rust proofing, and
other similar uses.
Automobile Repair, Minor - An establishment used for the dispensing or sales of automobile fuels,
lubricants, and automobile accessories; the minor repair or replacement of parts and performing state
inspections and making minor repairs necessary to pass said inspection; automobile detailing; and the sales
and installation of automobile radios. Uses listed under "Automobile Repair, Major" or any other similar
uses are not included. Vehicles, which are inoperative or are being repaired, may not remain parked
outside for a period greater than seven (7) days.
3-2-2
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Automobile Sales/leasing, New - Sales, rental, and/or leasing of new automobiles or light load vehicles,
including, as accessory uses: Automobile Sales, Used; Automobile Repair, Major; and Automobile Storage.
Automobile Sales, Used - Sales of used automobiles or light load vehicles.
Automobile Storage - The storage on a lot or tract of operable automobiles for the purpose of holding such
vehicles for sale, lease, distribution, or storage.
Auto Parts Sales, Inside - The use of any building for the display and sale of new or used parts, including
tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.
Auto Parts Sales, Outside - The use of any land area for the display and sale of new or used parts,
including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.
Bank, Savings and Loan, or Credit Union - An establishment for the custody, loan, exchange or issue of
money, the extension of credit, and/or facilitating the transmission of funds, including automated teller
machines,
Basement (or Cellar) - A story partly or wholly underground. For purposes of height measurement, a
basement shall be counted as a story when more than one-half of its height is above the average level of
the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a
janitor employed on the premises.
Beauty Salon/Barber Shop - Establishments primarily engaged in providing services generally involved in
the care of the person or his apparel including, but not limited to, barber and beauty shops, tanning salons,
ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn - An owner (or operator) occupied residence with up to five (5) bedrooms available
for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to fourteen (14) consecutive
days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide
meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A Bed and
Breakfast Inn shall not include restaurants, banquet facilities, or similar services.
Beer & Wine Package Sales - An establishment engaged in the selling of beer and/or wine to the general
public for off-site personal or household consumption and rendering services incidental to the sale of such
goods.
Big Box - Retail buildings over eighty thousand (80,000) square feet where the primary tenant occupies at
least eighty (80) percent of the building.
Block - An area enclosed by streets, or if said word is used as a term of measurement, it shall mean the
distance along a side of a street between two intersecting streets; or if the street is of a dead-end type, a
block shall be considered to be measured between the nearest intersecting street and the end of such dead-
end street. In cases where platting is incomplete or disconnected, the Building Official shall determine the
outline of the block,
Board of Adjustment - A five (5) member board with two (2) alternates appointed by the Town Council for
the purpose of making special exceptions to the terms of the Town of Prosper Zoning Ordinance. See
Chapter 1, Section 8.6 of this Ordinance for the specific duties and regulations of the Board of Adjustment.
In the event that a Board of Adjustment is not appointed, the Town Council shall perform the duties and
responsibilities assigned to the Board of Adjustment by this Ordinance.
Body Art Studio - An establishment whose services include tattooing and/or body piercing. Tattooing shall
mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person,
using ink or other substances that result in the permanent coloration of the skin by means of the use of
needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the
creation of an opening in an individual's body to insert jewelry or another decoration.
Bottling Works - A manufacturing facility designed to place a beverage into a bottle or can for distribution.
3-2-3
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Breezeway- A covered passage one (1) story in height and six (6) feet or more in width connecting a main
structure and an accessory building. A breezeway shall be considered an accessory building.
Buildable Area - the allowable area available to construct a building or structure after complying with the
Town's applicable set back and maximum lot coverage requirements.
Building - Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or
chattel. When separated by dividing walls without openings, each portion of such structure so separated
shall be deemed a separate building.
Building Height - The vertical distance between the average of the highest and lowest points of grade of
that portion of the lot covered by the building to the highest point of a structure.
Building Line - A line parallel, or approximately parallel, to any front lot line at a specific distance there
from, marking the minimum distance from the front lot line that a building may be erected.
Building, Main - A building in which the principal use of the lot on which it is situated is conducted. In a
residential district the primary dwelling unit shall be deemed to be a main building on the lot on which it is
situated.
Building Material and Hardware Sales, Major - An establishment for the sale of materials customarily
used in the construction of buildings and other structures, including outside storage or display of materials or
merchandise.
Building Material and Hardware Sales, Minor - An establishment for the sale of materials customarily
used in the construction of buildings and other structures, without any outside storage or display of materials
or merchandise.
Building Official - The inspector or administrative official of the Town charged with responsibility for issuing
permits and enforcing the Zoning Ordinance and Building Code.
Building Permit - An official document or certificate issued by the Town of Prosper authorizing erection,
construction, renovation, maintenance, or any other specified activity on any building, structure or land, or
on any installations or facilities therein. The term "building permit" shall include but not be limited to building
permits, electrical permits, mechanical permits, and plumbing permits.
Bus Terminal - Any premises for the transient parking or storage of motor -driven buses and the loading and
unloading of passengers.
Business Service - establishments primarily engaged in providing services not elsewhere classified, to
business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer
programming and software services, and office equipment sales, rental, leasing, or repair.
Cabinet/Upholstery Shop - An establishment for the production, display, and sale of cabinets, furniture,
and soft coverings for furniture.
Campground or Recreational Vehicle Park - Any area that is designed for occupancy by transients using
tents, mobile trailers, or recreational vehicles for temporary sleeping purposes.
Candlepower - The quantity of light required to illuminate a surface one (1) foot distance from a light source
to the intensity of one (1) foot-candle.
Caretaker's/Guard's Residence - A residence located on a premises with a main non-residential use and
occupied only by a caretaker or guard, and his/her family, employed on the premises.
Carport - A structure, either attached to or detached from another structure, open on a minimum of two
sides designed or used to shelter not more than three vehicles and not to exceed twenty-four feet on its
longest dimension. Also called "covered parking area."
3-2-4
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Car Wash - A facility where a customer can have a motorcycle, automobile and light load vehicle washed in
exchange for financial consideration.
Car Wash, Self -Serve - A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum - Property used for the interring of the dead.
Certificate of Occupancy - An official certificate issued by the Town through the Building Official that
indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal
use of the premises for which it is issued; may be referred to as an Occupancy Permit.
Civic/Convention Center - A building or complex of buildings used for cultural, recreational, athletic,
convention or entertainment purposes.
Clear -Cutting - any indiscriminate cutting, plowing, or grubbing of Protected Tree(s) without regard to their
type or size for the purpose of clearing an area of land of Trees.
College, University, Trade, or Private Boarding School - An institution established for educational
purposes offering courses for study beyond the secondary education level, including trade schools and
commercial schools offering training or instruction in a trade, art, or occupation. A Private Boarding School
is an educational institution offering primary and secondary level courses. Dormitories for students and
employees only are permitted in conjunction with these uses.
Commercial Amusement, Indoor - An enterprise providing for indoor recreational activities, services,
amusements, and instruction for an admission fee. Uses may include, but are not limited to, bowling alleys,
ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.
Commercial Amusement, Outdoor - An enterprise providing for outdoor recreational activities, services,
amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf,
go-kart tracks, and carnivals.
Community Center - A building or portion of a building owned and/or operated by a government entity or
not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.
Comprehensive Plan - Graphic and textual form policies which govern the future development of the Town
and which consists of various components governing specific geographic areas and functions and services
of the Town.
Concrete/Asphalt Batching Plant, Permanent - A permanent manufacturing facility for the production of
concrete or asphalt.
Concrete/Asphalt Batching Plant, Temporary - A temporary manufacturing facility for the on-site
production of concrete or asphalt during construction of a project, and to be removed when the project is
completed.
Construction Yard and Field Office, Temporary - A building, structure, or storage/assembly yard used in
conjunction with a development project for housing temporary supervisory or administrative functions related
to development, construction, or the sale of real estate properties within the development and subject to
removal at completion of construction.
Contractor's Shop and/or Storage Yard - A building, part of a building, or land area for the construction or
storage (inside or out) of materials, tools, products, and vehicle fleets.
Convenience Store with Gas Pumps - A retail establishment that sells food and other consumable and
non -consumable products for off -premise use or consumption. This definition shall also include the
dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile
repair or the sale of replacement parts.
3-2-5
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Convenience Store without Gas Pumps - A retail establishment that sells food and other consumable and
non -consumable products for off -premise use or consumption.
Court - An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner
court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street,
alley, yard, or other permanent open space.
Coverage - The lot area covered by all buildings located thereon.
Cutoff - The point at which all light rays emitted by a lamp, light source or luminary are completely
eliminated (cutoff) at a specific angle above the ground.
Cutoff Angle - The maximum angle formed by a line drawn in the direction of emitted light rays at the light
source and a line perpendicular to the ground from the light source, beyond which no light is emitted.
Dance Hall - An establishment open to the general public for entertainment, in particular, dancing.
Day Care Center, Adult - A facility that provides services under an Adult Day Care Program on a daily or
regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by
blood, marriage, or adoption to the owner of the facility. Adult Day Care Centers must be licensed by the
Texas Department of Human Services.
Day Care Center, Child - A commercial institution or place designed for the care of four (4) or more
children during the hours of 6:00 a.m. to 10:00 p.m. The term "day care center" shall not include overnight
lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. This use
is subject to registration/licensing with appropriate State agencies.
Day Care Center, Incidental — An accessory use designed only for the care of children belonging to
employees of the primary use. The center shall be completely contained within the primary use and shall
not constitute more than fifteen (15) percent of the main use. The operating hours of the center shall be the
same as the primary use and shall not include overnight lodging, medical treatment, counseling, or
rehabilitative services. This use is subject to registration/licensing with appropriate State agencies.
Day Care Center, In -Home - A home occupation that provides care for less than twenty four (24) hours a
day to no more than six (6) children under the age of fourteen, plus no more than six (6) additional
elementary school-age children (age five (5) to thirteen (13)). The total number of children, including the
caretaker's own children, is no more than twelve (12) at any time. This use is subject to
registration/licensing with appropriate State agencies.
Development - any manmade change to improved or unimproved real estate, including but not limited to,
buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities.
District - Any section or sections of the Town for which the regulations governing the use of land and the
use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind
of building therein.
Downtown Public Parking Lot(s) - An area, other than street or public way, provided for self -parking by
employees, visitors, and/or patrons of any state or local government, any public accommodations, retail or
office establishments, or any other business open to the general public.
Drip Line - A vertical line running through the outermost portion of the crown of a tree and extending to the
ground.
Dry Cleaning, Major - An industrial facility where fabrics are cleaned with substantially non -aqueous
organic solvents on a commercial or wholesale basis.
Dry Cleaning, Minor - A custom cleaning shop or pick-up station not exceeding six thousand (6,000)
square feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand
five hundred (1,500) square feet of floor area for dry cleaning equipment.
3-2-6
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Easement - A grant of one or more of the property rights by the property owner to and/or for the use by the
public, a corporation or another person or entity.
Electrical Power Generating Plant - All equipment, fixtures, and property operated or maintained in
connection with the production of electricity and transmission of electricity produced.
Equipment and Machinery Sales and Rental, Major - A building or open area used for the display, sale,
rental, or storage of heavy equipment and machinery.
Equipment and Machinery Sales and Rental, Minor - A building or structure used for the inside display,
sale, rental, or storage of light machinery, including, but not limited to, bicycles, lawn mowers, tools, and
other small machinery.
Fairgrounds/Exhibition Area - An area where outdoor fairs, circuses, or exhibitions are held.
Family - One or more persons related by blood, marriage, or adoption, or a group not to exceed four (4)
persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living
as a single housekeeping unit.
Farmer's Market - An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale. The following products are not permitted for sale at a
Farmer's Market: any type of meat, fish, poultry, eggs, refrigerated dairy products, or home packaged items.
Farm, Ranch, Stable, Garden, or Orchard - An area which is used for the cultivation of vegetables, fruits,
and grain or for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and
sheep and including the necessary accessory uses for raising, treating, and storing products raised on the
premises, but not including the commercial feeding of offal or garbage to swine or other animals and not
including any type of agriculture or husbandry specifically prohibited by ordinance or law.
Feed Store - An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock
and including other implements and goods related to agricultural processes, but not including farm
machinery.
Fence - Any construction or hedge of any material, the purpose of which is to provide protection from
intrusion (either physical or visual) to prevent escape, mark a boundary, or provide decoration. A wall shall
be considered a fence. Restraining walls for the purpose of diverting water and retaining soil are not
classified as a fence.
Flea Market, Inside - A building or structure wherein space is rented to vendors on a short-term basis for
the sale of merchandise. The principal sales shall include new and used household goods, personal effects,
tools, art work, small household appliances, and similar merchandise, objects, or equipment in small
quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental
services establishments, but shall be deemed to include personal services establishments, food services
establishments, retail sales establishments, and auction establishments.
Flea Market, Outside - An outdoor site where space is rented to vendors on a short-term basis for the sale
of merchandise. The principal sales shall include new and used household goods, personal effects, tools,
art work, small household appliances, and similar merchandise, objects, or equipment in small quantities.
The term flea market shall not be deemed to include wholesale sales establishments or rental services
establishments, but shall be deemed to include personal services establishments, food services
establishments, retail sales establishments, and auction establishments.
Flood or Spot Light - Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the
light output into a directed beam in a particular direction.
Flood Plain - any property within the limits as delineated by FEMA (Federal Emergency Management
Agency) of the 100 -year flood plain or as amended by an engineering flood study of the ultimate developed
conditions prior to any reclamation.
3-2-7
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Floor Area - The total gross square feet of floor space within the outside dimensions of a building including
each floor level, but excluding carports, residential garages, and breezeways.
Floor Area Ratio (FAR) - The floor area of a main building or buildings on a lot, excluding structured
parking garages, divided by the lot area.
Foot -Candle - A unit of illumination produced on a surface, all points of which are one (1) foot from a
uniform point source of one (1) candle. When metric units are used, lux is the unit of light quantity. One (1)
lux equals one (1) lumen per square meter of area. One (1) foot-candle equals 10.76 lux.
Fortune Teller/Psychic - A use involving the foretelling of the future in exchange for financial or other
valuable consideration. Fortune telling shall include, but is not limited to, uses where the fortune is told
through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing,
divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, and spiritual
reading. Fortune telling does not include forecasting based on historical trends or patterns or religious
dogma.
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority - An organized group having a
restricted membership and specific purpose related to the welfare of the members including, but not limited
to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
Full Cutoff -Type of Luminaries or Horizontal Limited Luminaries - Luminaries constructed or shielded
to direct all light at a cutoff angle of less than ninety (90) degrees.
Furniture, Home Furnishings and Appliance Store - Retail establishments selling goods used for
furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves,
refrigerators, and other household electrical and gas appliances.
Furniture Restoration - A workshop that specializes in furniture refinishing, including the use of all
materials, tools, and chemicals associated with the use.
Garage Apartment - An accessory dwelling unit for one (1) family erected in conjunction with a garage, but
with a separate entrance than that of the primary dwelling unit on the lot, when the main structure is an
owner occupied detached dwelling unit, and which is never rented or offered for rent.
Garage, Private - An enclosed (on at least three (3) sides) accessory building, or a part of a main building,
used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed
parking space."
Gas Pumps - Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor
vehicle fuels.
General Man ufacturingllndustrial Use Complying with Performance Standards - Manufacturing of
finished products and component products or parts through the processing of materials or substances,
including basic industrial processing. Such operations shall be determined by Health, Fire, and Building
officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible
emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or
radiation.
Glare - Direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or
temporary loss of visual performance and visibility.
Golf Course and/or Country Club - A land area and buildings used for golf, including fairways, greens, tee
boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall
also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service
uses available only to members and their guests.
3-2-8
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Governmental Office - A building used for the provision of governmental executive, management,
administrative, and/or postal services. Governmental offices include those facilities owned and/or operated
by city, special district, county, state, and federal agencies.
Green Belt - An open space that may be of irregular form that may include trees typically found along a
natural or manmade feature such as a creek, flood plain, escarpment, right-of-way, or park.
Guest House - An accessory dwelling unit, detached from the main building on the lot, used to house family
and/or guests of the owner(s) of the main residential structure, and which is never rented or offered for rent.
Gunsmith - An establishment used for the sale, service, or exchange of firearms, ammunition, or other gun
related equipment.
Gymnastics/Dance Studio - A building or portion of a building used as a place of work for a gymnast,
dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.
Health/Fitness Center - A public or private facility operated to promote physical health and fitness.
Activities may include exercise, physical therapy, training, and education pertaining to health and fitness.
Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weight
lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.
Heavy Load Vehicle - A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle
Weight (GVW) of greater than eleven thousand (11,000) pounds, such as large recreational vehicles
(originally manufactured as RVs, not converted), tractor -trailers, buses, vans, and other similar vehicles.
The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise.
Height of luminary - The height of a luminary shall be the vertical distance from the ground directly below
the centerline of the luminary to the lowest direct light emitting part of the luminary.
Helistop - A place where helicopters can land and take off only and excluding refueling, maintenance,
repairs, and storage of helicopters.
Homebuilder Marketing Center - A building or structure used for the marketing and sale of lots and/or
homes.
Home Occupation - An occupation, which is secondary to the primary use of a dwelling as a residence,
conducted on residential premises by the occupant of the residence. Home occupations shall be subject to
the conditions set forth in Chapter 3, Section 1.4(5) of this Ordinance.
Hospital - An institution providing primary health services and medical or surgical care to persons, primarily
inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental
conditions, and including, as an integral part of the institution, related facilities such as laboratories,
helistops, outpatient facilities, or training facilities as licensed by the State of Texas.
Hotel - A building or group of buildings used as a temporary dwelling place for individuals in exchange for
financial consideration where customary hotel services such as linen, maid service, and telephone are
provided. Hotel room units are accessed through doorways into an internal hallway, courtyard, or lobby.
Financial consideration for Hotel room units is generally calculated on a nightly basis.
Household Appliance Service and Repair - The maintenance and rehabilitation of appliances customarily
used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers,
trash compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
Household Care Facility - A dwelling unit which provides residence and care to not more than nine
persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or
neglected children; victims of domestic violence; convalescing from illness; terminally ill; or rendered
temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than
two supervisory personnel as a single housekeeping unit. This definition is subject to Personal Care Facility
Licensing Act (Texas Health and Safety Code, Section 247.001 et seq.) and Community Homes for
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Disabled Persons Location Act (Texas Human Resources Code, Section 123.001 et seq.) as they presently
exist or may be amended in the future.
Household Pet - a domesticated animal kept for pleasure rather than utility, including, but not limited to, a
dog, cat, or bird.
House of Worship - A building designed and used primarily for religious assembly and worship and those
accessory activities which are customarily associated therewith, and the place of residence for ministers,
priests, nuns, rabbis, or other religious personnel on the premises (tax exempt as defined by State law).
This definition includes, but is not limited to, churches, temples, synagogues, and mosques. For the
purposes of this Ordinance, bible study and other similar activities that occur in a person's primary residence
shall not apply to this definition.
Illumination Level - Average lighting intensity measured at grade (in foot-candles).
Incandescent Light - Illumination produced by a filament, which is heated by an electric current, including
quartz and halogen lights.
Incidental Use - Any use different from the primary use but which compliments and/or supplements the
primary use, which shall not constitute more than fifteen (15) percent of the main use.
Indoor Gun Range - Any indoor facility open to the public and occupying all or a portion of a building where
firearms are discharged for testing or recreation purposes.
Industrial Park - A large tract of land that has been planned, developed, and operated as an integrated
facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs,
aesthetics, and compatibility.
Insurance Office - A building or facility used for the sales, management, and administration of insurance
services, including the estimation of automobile damages, but excluding on-site parking/storage of damaged
vehicles.
Lamp - The component of a luminary that produces the actual light.
Landfill - A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste
that is not hazardous, medical, or radioactive.
Landscaping - Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees or
palms, and non -living durable material commonly used in landscaping, such as, but not limited to, rocks,
pebbles, sand, walls or fences, but excluding paving.
Laundromat - A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines
operated by the patron.
Light Load Vehicles - A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle
Weight (GVW) not greater than eleven thousand (11,000) pounds, and having no more than two (2) axles,
such as pick-up trucks, vans, recreational vehicles (less than thirty-two (32) feet in length), campers and
other similar vehicles but not including automobiles and motorcycles.
Light Pollution - The shining of light produced by luminaries above the height of the luminaries and into the
sky.
Light Trespass - The shining of light produced by luminaries beyond the boundaries of the property on
which it is located.
Limited Assembly and Manufacturing Use Complying with Performance Standards - The fabrication,
assembly, manufacturing, and packaging of finished products or parts, predominantly from previously
prepared materials, but excluding basic industrial processing. Such operations shall be determined by
Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the
danger of fire, explosion, or radiation.
Loading Space - An off-street space or berth used for the delivery and loading or unloading of vehicles.
Locksmith/Security System Company - Establishments primarily engaged in providing, installing,
repairing, and/or monitoring locks and electronic security systems.
Lot - Any plot of land occupied or intended to be occupied by one main building and the required parking, or
a group of main buildings, and accessory building and uses, including such open spaces as are required by
this Ordinance, and other laws or ordinances, and having its principal frontage on a public street or officially
approved place.
Lot, Area - The total area, measured on a horizontal plane, included within lot lines.
Lot, Corner - A lot which has at least two adjacent sides abutting a street, provided that the interior angle at
the intersection of such two sides is less than one hundred thirty-five (135) degrees.
Lot, Depth - The mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage - A lot having a frontage on two (2) non -intersecting streets, as distinguished from a
corner lot.
Lot, Flag or Panhandle - A lot having access to a street by means of a parcel of land having a depth
greater than its frontage, and having a width less than the minimum required lot width, but not less than
twenty-five (25) feet. The maximum distance of the area less than the required width from the front property
line shall be one hundred ten (110) feet.
Lot, Interior - A lot other than a corner lot.
Lot, Key - A corner lot that is so designed that the lots located directly behind it face the side street of the
corner lot and are not separated by an alley.
Lot Frontage - That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension
of a corner lot.
Lot Line, Front - The narrower side of the lot abutting a street. Where two lot lines abutting streets are of
equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which
has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same
general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in
establishing minimum setback lines.
Lot Line, Rear - The lot line farthest from and most parallel to the front lot line. For triangular lots, the point
opposite the front lot line shall be considered the rear lot line.
Lot Line, Side - Any lot line not the front or rear lot line.
Lot Lines or Property Lines - The lines bounding a lot as defined herein.
Lot of Record - A lot which is part of a subdivision, the plat of which has been recorded in the office of the
County Clerk of Collin or Denton County or a lot subdivided by metes and bounds description prior to
October 1984.
Lot Width - The horizontal distance measured between side lot lines parallel to the front lot line, and
measured from the point on the building line that is closest to the front lot line.
Lumen - Unit used to express the light output of a lamp or fixture.
Luminary - A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts.
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Luminous Tube Lighting - Gas-filled tubing which, when subjected to high voltage, becomes luminescent
in a color characteristic of the particular gas used (e.g. neon or argon).
Machine Shop - A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and
mills, are used for making, finishing, or repairing machines or machine parts.
Major Thoroughfare - A dedicated street or highway route designated as a Thoroughfare by the
Thoroughfare Plan map of the Comprehensive Plan,
Manufactured Home - A structure constructed on or after June 15, 1976, according to the rules of the
United States Department of Housing and Urban Development (HUD), transportable in one or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more
in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical
systems with the appropriate label. The term does not include a recreational vehicle. (or as amended under
Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f).
Masonry Construction - Unless otherwise provided for in this Ordinance, Masonry Construction constitutes
clay fired brick, natural and manufactured stone, granite, marble, stucco, and architectural concrete block as
exterior construction materials for all structures. Other exterior construction materials for non-residential
structures are tilt wall concrete panels, sealed and painted split faced concrete block, and high impact
exterior insulation and finish systems (EIFS). High impact EIFS is only permitted when installed a minimum
of nine feet above grade at the base of the wall on which it is installed.
Massage Therapy, Licensed - Any place of business in which massage therapy is practiced by a massage
therapist, as defined and licensed by State law. "Massage therapy", as a health care service, means the
manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage
(stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes,
and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body
message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub,
shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage.
Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or
procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by
law.
Massage Therapy, Unlicensed - Any place of business in which massage therapy is practiced by an
unlicensed massage therapist. "Massage therapy", as a health care service, means the manipulation of soft
tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage
(kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish
gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message.
Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or
cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and
"therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for
which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
Mineral Extraction - The process of extracting sand, gravel, stone, petroleum, gas, or other
minerals/natural resources from the earth. This definition does not include drilling wells for water.
Mini-Warehouse/Public Storage - A building(s) containing separate, individual self -storage units for rent or
lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any
individual storage unit.
Miscellaneous Hazardous Industrial Use - Any industrial use not specifically defined in this section that is
determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or
vibration, or the danger of fire, explosion, or radiation.
Mobile Food Vendor - Any person or persons who operates or sells food from a stationary cart or trailer
mounted on chassis, but without an engine for period of 15 days or greater per year, Mobile food vendors
who operate for 14 days or less shall be considered temporary food establishments, as defined by the Town
of Prosper Health Ordinance as it exists or may be amended,
Mobile Home - A structure that was constructed before June 15, 1976, transportable in one or more
section, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical
systems. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article
52210.
Model Home - A single-family dwelling in a developing subdivision located on a legal lot of record that is
limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings
which have been built or which are proposed to be built in the same subdivision.
Modular Home (or Industrialized Housing) - "Modular home" means a structure or building module as
defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is
installed and used as a residence by a consumer, transportable in one or more sections on a temporary
chassis or other conveyance device, and designed to be used on a permanent foundation system. The term
includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term
does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f
V.T,C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural
component.
Mortuary/Funeral Parlor - A place for the storage of human bodies prior to their burial or cremation, or a
building used for the preparation of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation,
Motel - A building or group of buildings used as a temporary dwelling place for individuals in exchange for
financial consideration where customary hotel services such as linen, maid service, and telephone are
provided. Each motel room unit has direct access to the outside. Financial consideration for Motel room
units is generally calculated on a nightly basis.
Motorcycle - A usually two (2) wheeled self-propelled vehicle having one (1) or two (2) saddles or seats,
and which may have a sidecar attached. For purposes of this Ordinance, motorbikes, motorscooters,
mopeds, and similar vehicles are classified as motorcycles.
Motorcycle Sales/Service - The display, sale, repair, and servicing of new or used motorcycles.
Motor Vehicle - Any vehicle designed to carry one or more persons, which is propelled or drawn by
mechanical or electrical power, such as automobiles, trucks, motorcycles, and buses.
Multifamily Dwelling - Attached dwelling units designed to be occupied by three or more families living
independently of one another, exclusive of Hotels, Motels, or Residence Hotels.
Municipal Uses Operated by the Town of Prosper - Any area, land, building, structure, and/or facility
owned, used, leased, or operated by the Town of Prosper, Texas, including, but not limited to, administrative
office, maintenance facility, fire station, library, sewage treatment plant, police station, water tower, service
center, park, heliport, helistop, and golf course.
Museum/Art Gallery - A building serving as a repository for a collection of natural, scientific, artistic, or
literary objects of interest, and designed to be used for viewing, with or without an admission charge, and
which may include as an accessory use the sale of goods.
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Net Acre - the area within the platted limits of a lot. For the purpose of calculating residential density, Net
Acreage shall not include the following:
• Right-of-way dedicated for major thoroughfares.
• Required parkland dedication.
• Detention.
• Land used for non-residential purposes.
For the purpose of calculating residential density, Net Acreage may include the following:
• Non -reclaimed floodplain.
• Private open space.
• Park dedication in excess of minimum park dedication requirements.
• Detention ponds that contain a constant water level, are landscaped, or otherwise treated as an
amenity for the development, as determined by the Director of Planning or his/her designee
Nonconforming Use - A building, structure, or use of land lawfully occupied at the time of the effective date
of this Ordinance or amendments thereto, but which does not conform to the use regulations of the district in
which it is situated.
Non -Residential Property - Property zoned or used for other than residential purposes.
Nursery, Major - An establishment for the cultivation and propagation, display, storage, and sale (retail and
wholesale) of large plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the
contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display
and storage is permitted.
Nursery, Minor - A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants,
seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside
storage or display.
Occupancy - The use or intended use of the land or buildings by proprietors or tenants.
Office and Storage Area for Public/Private Utility - The pole yard, maintenance yard, or administrative
office of public or private utilities.
Office Center - A building or complex of buildings used primarily for conducting the affairs of a business,
profession, service, industry or government, or like activity, which may include ancillary services for office
workers such as a coffee shop, newspaper or candy stand.
Office/Showroom - A building that primarily consists of sales offices and sample display areas for products
and/or services delivered or performed off -premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products and/or services are permitted.
Warehousing facilities shall not exceed fifty (50) percent of the total floor area. This designation does not
include contractor's shop and storage yard.
OfficeMarehouse/Distribution Center - A building primarily devoted to storage, warehousing, and
distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and
wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage
and warehousing areas.
Officially Approved Place of Access - Access, other than a dedicated street, to a property that is
approved by the Town.
Off -Street - Off the right of way of a public street or place.
Open Storage - The outside storage or exhibition of goods, materials, merchandise, or equipment on a lot
or tract.
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Ordinance - the Zoning Ordinance of the Town, Ordinance Number 05-20, as it exists or may be amended.
The term 'ordinance", not capitalized, refers to any other ordinance of the Town.
Outdoor Lighting - The nighttime illumination of an outside area or object by any man-made device located
outdoors that produces light by any means.
Parking Lot - An off-street, ground level area, usually surfaced and improved, for the temporary storage of
motor vehicles.
Parking Space - An area designated for the parking of a vehicle.
Park or Playground - An area developed for active play and recreation that includes, but is not limited to,
open space, sports courts, play equipment, and trails.
Pawn Shop - An establishment where money is loaned on the security of personal property pledged in the
keeping of the owners (pawnbroker).
Permitted Use - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning
district.
Pet Day Care - A commercial institution or place designed for the care of no more than one (1) household
pet per one hundred (100) square feet of gross floor area.
Photometric Plan - A point -by -point plan depicting the intensity and location of lighting on the property.
Planned Development District - Planned associations of uses developed as integral land use units such
as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential
developments of multiple or mixed housing, including attached single-family dwellings or any appropriate
combination of uses which may be planned, developed or operated or integral land use units either by a
single owner or a combination of owners.
Planning & Zoning Commission - A board, appointed by the Town Council as an advisory body,
authorized to recommend changes in the zoning and other planning functions as delegated by the Town
Council. Also referred to as the "P&Z" or the "Commission." In the event that a Commission is not
appointed, the Town Council shall perform the duties and responsibilities assigned to the Commission by
this Ordinance.
Plat - A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions
and other information essential to comply with the subdivision standards of the Town of Prosper and subject
to approval by the Planning & Zoning Commission and filed in the plat records of either Collin or Denton
County. The plat must be prepared by a Public Surveyor registered in the State of Texas.
Plot - A single unit or parcel of land or a parcel of land that can be identified and referenced to a recorded
plat or map.
Portable Building Sales - An establishment that displays and sells structures which are capable of being
carried and transported to another location, not including mobile homes.
Premises - Land together with any buildings or structures situated thereon.
Primary Use - The principal or predominant use of any tract, lot, or building.
Print Shop (Major) - An establishment specializing in long -run printing operations including, but not limited
to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography
processes.
Print Shop (Minor) - An establishment specializing in short -run operations to produce newsletters, flyers,
resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating,
and blue printing processes. This definition shall include mailing and shipping services, but exclude the on-
site storage of heavy load fleet vehicles.
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Private Club - An establishment providing social and dining facilities, as well as alcoholic beverage service,
to an association of persons, and otherwise falling within the definition of, and permitted under the
provisions of, that portion of Title 3, Chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage
Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
Private Recreation Center - A recreational facility, including, but not limited to, clubhouse, swimming pool,
playground, and open space, operated for the exclusive use of private residents or neighborhood groups
and their guests, and not the general public.
Private Street Development - A development of two or more lots sharing private gated vehicular access
ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be
established only under the terms of the Subdivision Ordinance. The term "Private Street" shall be inclusive
of alleys.
Private Utility (other than listed) - A non-public utility requiring special facilities in residential areas or on
public property such as electricity, natural gas, or telecommunications not customarily provided by the
municipality or public utilities. All radiating equipment must comply with current Federal Communications
Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety
Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and
guidelines for human safety.
Protected Area - The 100 -year floodplain plus the area within three hundred (300) feet of the 100 -year
floodplain.
Protected Residential Property - Any property within the Town that meets one of the following
requirements:
The property is zoned a residential district as defined within the Zoning Ordinance or zoned a
planned development for residential uses;
The property is designated on the Comprehensive Plan as any type of residential; or
The property is used or subdivided for use as residential.
Railroad Track and Right -Of -Way - The right-of-way and track used by a railroad, but not including railroad
stations, sidings, team tracks, loading facilities, dockyards, or maintenance areas.
Recreational Vehicle (RV) - A portable or mobile living unit used for temporary human occupancy away
from the place of permanent residence of the occupants and self-propelled (motorized). Also see Heavy
Load Vehicle,
Recreational Vehicle/Truck Parking Lot or Garage - An area or structure designed for the short or long-
term parking or storage of recreational vehicles, boats, or heavy load vehicles.
Recreational Vehicle Sales and Service, New/Used - Sales and/or leasing of new and/or used
recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and
boats.
Recycling Collection Point - An incidental use that serves as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items is allowed. This facility would generally be
located in a shopping center parking lot or in other public/quasi-public areas such as in churches and
schools.
Recycling Center - A facility that is not a junkyard and in which recoverable resources, such as
newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially by
hand within a completely enclosed building.
Recycling Plant - A facility that is not a junkyard and in which recoverable resources, such as newspapers,
magazines, books, and other paper products; glass; metal cans; and other products, are recycled,
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
reprocessed, and treated to return such products to a condition in which they may again be used for
production.
Redevelopment - any manmade change or alteration to a design and/or layout of an existing
Development(s) including repair, expansion and/or removal and replacement of existing building and/or
structure, paving drainage, utilities, storage and/or agricultural uses.
Rehabilitation Care Facility - A dwelling unit which provides residence and care to not more than nine (9)
persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug
abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory
personnel as a single housekeeping unit.
Rehabilitation Care Institution - A facility which provides residence and care to ten (10) or more persons,
regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental
illness, or antisocial or criminal conduct together with supervisory personnel.
Research and Development Center - A facility that includes laboratories and experimental equipment for
medical testing, prototype design and development, and product testing. Any facility that is determined by
Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large,
due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger
of fire, explosion, or radiation is not to be included in this category.
Residence - Any building or portion thereof, which is designed or used as living quarters for one or more
families, but not including mobile homes.
Residence Hotel - A building or group of buildings used as a temporary dwelling place for individuals in
exchange for financial consideration where customary hotel services such as linen, maid service, and
telephone are provided. Residence Hotel room units are designed to be suitable for long term occupancy
with financial consideration being calculated on a nightly, weekly, and/or monthly basis. Typical Residence
Hotel attributes include, but are not limited to, kitchen facilities, two-story design, and external doorways into
room units.
Residential District - District where the primary purpose is residential use.
Residential Property - Any property that is either zoned for or designated on the Future Land Use Plan for
residential uses.
Restaurant or Cafeteria - An establishment where food and drink are prepared and consumed primarily on
the premises. Drive -up windows are permitted.
Restaurant, Drive -In - An eating establishment where primarily food or drink is served to customers in
motor vehicles or where facilities are provided on the premises which encourage the serving and
consumption of food in automobiles on or near the restaurant premises.
Retail/Service Incidental - Any use different from the primary use but which compliments and/or
supplements the primary use. Said use shall be operated for the benefit or convenience of the employees,
visitors, or customers of the primary use. Incidental shall mean a floor area that constitutes not more than
fifteen (15) percent of the main use.
Retail Stores and Shops - An establishment engaged in the selling of goods and merchandise to the
general public for personal or household consumption and rendering services incidental to the sale of such
goods. Retail stores and shops include, but are not limited to, art and craft store, retail bakery, bookstore,
boot and shoe sales, ceramics store, clothing and apparel store, computer store, department store, fabric
store, florist, grocery store, food market, hobby or toy store, leather store, meat market, medical supply
store, music instrument sales, novelty or gift shop, optical store, pet shop, drugstore or pharmacy, sporting
goods (including the sale of firearms) store, trophy sales, television store, and used clothing store.
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CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Retirement Housing - A development with dwelling units and/or services specifically designed to provide
lodging, meals, and nursing care for ambulatory elderly or handicapped persons.
Room - A building or portion of a building that is arranged, occupied, or intended to be occupied as living or
sleeping quarters but not including toilet or cooking facilities.
Salvage Yard - Any lot upon which two or more motor vehicles of any kind, which are incapable of being
operated due to condition or lack of license, have been placed for the purpose of obtaining parts for
recycling or resale.
Satellite Dish Antenna - An oval or round, parabolic apparatus capable of receiving communications from
a transmitter relay located in planetary orbit. Usable satellite signals shall mean satellite signals, from the
major communication satellites that, when viewed on a conventional television set, are at least equal in
picture quality to those received from local commercial television stations or by way of cable television.
School District Bus Yard - Any premises owned and/or operated by an independent school district, or
designee, used for the parking and storage of motor -driven buses.
School, Private or Parochial - A school operated by a private or religious agency or corporation other than
an independent school district, having a curriculum generally equivalent to a public elementary or secondary
school.
School, Public - A school operated by an independent school district and providing elementary or
secondary curriculum.
Setback - See definition for Building Line.
Servant's Quarters - An accessory dwelling in a residential district for the sole use and occupancy of a
member of the immediate family or a person or persons employed on the premises by the occupant on a full
time basis as domestic help, such as a maid, yard man, chauffeur, cook or gardener, but not involving the
rental of such facilities or the use of separate utility connections.
Sewage Treatment Plant/Pumping Station - A facility owned and/or operated by a private entity that is
designed for the collection, removal, treatment, and/or disposal of water borne sewage.
Sexually Oriented Uses - An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or
other use that distributes, displays, or manufactures sexually oriented materials. Sexually Oriented Uses
are subject to the requirements of Prosper Ordinance No. 89-2 as it exists or may be amended.
Shopping Center - A group of primarily retail and service commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided on-site, provision for goods
delivery separated from customer access, provision of aesthetically appropriate design and protection from
the elements.
Single -Family Residence, Detached - A dwelling designed and constructed for occupancy by one (1)
family and having no physical connection to a building located on any other separate lot or tract,
Small Engine Repair Shop - A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other
small engine equipment and machinery.
Stable, Commercial - A stable used for the rental of stall space for horses and/or mules or for the sale or
rental of horses and/or mules.
Standard Masonry Construction - Having at least seventy five (75) percent of the exterior walls of a
building constructed of brick, stone or other Masonry Construction.
Story - That portion of a building, other than a basement, included between the surface of any floor
and the surface of the floor next above it, or, if there be no floor above it, then the space between
the floor and the ceiling next above it. The average height for a story shall be defined as twelve
3-2-18
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
(12) feet. Multiple stories, or portions thereof, shall be a result of the number of stories and story
height of twelve (12) feet. The definition of a story does not include parapets, gables, and other
normal roof structures.
Story, Half - A single room within a dwelling unit above the second floor. A half -story will occupy no less
than two-thirds (2/3) of the area under the roof, and shall have non-operating opaque windows for facades
that face adjacent properties. Transparent windows may face the front yard. A half story containing
independent apartment, living quarters, or bedroom shall be counted as a full story.
Street - Any dedicated public thoroughfare that affords the principal means of access to abutting property.
Street, Intersection - Any street that joins another street at an angle, whether or not it crosses the other.
Structural Alterations - Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Structure - Anything that is built or constructed, an edifice or building of any kind, or a piece of work
artificially built up or composed of parts joined together in some definite manner.
Storage or Wholesale Warehouse - A building used primarily for the storage of goods and materials.
Studio Dwelling — An accessory residence that is located in the same structure as, typically above, a
commercial or office use in the Downtown Office or Downtown Commercial Districts. The minimum floor
area for a studio residence shall be six -hundred fifty (650) square feet. Each individual office or commercial
use may have one (1) accessory studio dwelling.
Taxidermist - An establishment whose principle business is the practice of preparing, stuffing, and
mounting the skins of dead animals for exhibition in a lifelike state.
Telephone Exchange - A central switching hub servicing the public at large in which telephone lines are
connected to permit communication.
Temporary Building - An industrialized or modular building or structure without a permanent foundation,
Membrane structures shall not be considered a temporary building. Temporary Buildings may be used by a
house of worship (church), public school (kindergarten (K) through twelfth (12th) grade), or government
building for a period no greater than three (3) years, subject to approval by the Building Official. Additional
one (1) year extension(s), thereafter, may be approved by the Planning & Zoning Commission. Appeals for
determinations made by the Building Official or Planning & Zoning Commission may be forwarded to Town
Council for consideration. See Chapter 3, Section 1.4(7) Temporary Building.
Temporary Outdoor Lighting - The specific illumination of an outside area or object by any man-made
device located outdoors that produces light by any means for a period of less than four (4) days with at least
one -hundred and eighty (180) days passing before being used again.
Theater, Drive -In - An open lot devoted to the showing of motion pictures or theatrical productions on a
paid admission basis to patrons seated in motor vehicles.
Theater, Neighborhood - A building or part of a building devoted to the showing of motion pictures or for
dramatic, musical, or live performances, with a maximum of ten (10) screens, stages, or combination thereof
or a combined seating capacity of two thousand five hundred (2,500) or less.
Theater, Regional - A building or portion of a building used primarily for showing motion pictures or for
dramatic, musical, or live performance having more than ten (10) screens, stages, or combination thereof or
a combined seating capacity greater than two thousand five hundred (2,500).
Town - References to the "Town" shall mean the Town of Prosper,
Town Council - The governing body of the Town of Prosper, Texas.
3-2-19
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Townhome (Single Family Dwelling, Attached) - A structure containing three to eight dwelling units with
each unit designed for occupancy by one family and each unit attached to another by a common wall.
Tract - An area, parcel, site, piece of land, or property that is the subject of a zoning or development
application.
Trailer, Hauling - A vehicle to be pulled behind a motor vehicle that is designed for hauling animals,
produce, goods or commodities, including boats.
Trailer/Mobile Home Display and Sales - The offering for sale, storage, or display of trailers or mobile
homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or
permanent basis.
Trailer Rental - The display and offering for rent of trailers designed to be towed by light load vehicles.
Trailer, Travel or Camping - A portable or mobile living unit designed to be towed behind another vehicle
and used for temporary human occupancy. A Travel or Camping Trailer shall not serve as the principal
place of residence of the occupants.
Transit Center - Any premises, including bus stations, for the loading and unloading of passengers and the
temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking
and storage of transit vehicles.
Tree - Any self-supporting woody perennial plant which has one well defined trunk diameter of four and one-
half (4%) inches or more in diameter when measured at a point four and one-half (4%) feet above the
natural ground level and which normally attains a height of at least twelve (12) feet at maturity.
Tree Permit - An official document or certificate issued by the Town of Prosper authorizing the removal of a
tree in accordance with Chapter 4, Section 3 of this Ordinance.
Tree, Protected - A tree that is determined to be healthy by the Director of Planning, or his/her designee,
and meets one of the following requirements:
• Any tree, regardless of species, six (6) inches or larger in diameter when measured at a point four and
one-half (4'/2) feet above the ground level and which normally attains a height of at least twelve (12)
feet at maturity, and located within a 100 -year floodplain.
• Any tree, except those species listed below, eight (8) inches or larger in diameter when measured at a
point four and one-half (4'/z) feet above the ground level and which normally attains a height of at least
twelve (12) feet at maturity, and located within three hundred (300) feet of a 100 -year floodplain.
• A tree(s) twenty (20) caliper inches and larger, except those species listed below.
• A Stand of Trees, except those species listed below.
The following trees shall not be included in the above definition of Protected Trees:
Silver Leaf Maple
Acer saccharinum
Hackberry, Texas Sugarberry
Celtis laevigata
Honey Locust
Gleditsia triacanthos
Bois d' Arc
Maclura pomifera
Mimosa
Mimosa sp.
Mulberry
Morus rubra
White Poplar
Poplus alba
Cottonwood
Populus deltoides
Mesquite
Prosopis glandulosa
Willow
Willow sp.
Tree, Replacement or Transplanted - any tree that is listed under Chapter 4, Section 3 of this Ordinance,
as it exists or may be amended, and/or utilized for mitigation of Protected Trees that have been, or are
required to be, removed and replaced or transplanted under the requirements of this Ordinance. A
3-2-20
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
replacement tree is one that has been planted to mitigate the removal of a tree from the property. A
transplanted tree is one that exists on the property and is relocated within the property. A tree must have a
minimum size of three (3) inches when measured at a point twelve (12) inches above the natural ground
level and will normally attain a height of at least twelve (12) feet at maturity to be considered a replacement
or transplanted tree.
Trees, Stand of - A group of six (6) or more protected trees that have a combined caliper measurement of
forty-eight (48) inches or greater and each tree is within twenty (20) linear feet of another tree within the
group. The distance measurement shall occur at natural grade from edge of trunk to edge of trunk.
Truck - A light or heavy load vehicle (see definitions for Light and Heavy Load Vehicle).
Truck/Bus Repair - An establishment providing major and minor repair services to panel trucks, vans,
trailers, recreational vehicles, or buses.
Truck Sales, Heavy Trucks - The display, storage, sale, leasing, or rental of new or used panel trucks,
vans, trailers, recreational vehicles, or buses in operable condition.
Truck Terminal - An area and building where cargo is stored and where trucks, including tractors and trailer
units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to
shipment.
Two Family Residence - A detached dwelling designed with a common vertical wall between units and to
be occupied by two (2) families living independently of each other.
Units per Acre - A measurement of residential density, the number of residential living units permitted to be
developed on a Net Acre of land.
Usable Open Space - An area or recreational facility that is designed and intended to be used for outdoor
living and/or recreation. An area of common usable open space shall have a slope not exceeding ten (10)
percent; shall have no dimension of less than fifteen (15) feet; and may include recreational facilities, water
features, required perimeter landscape areas, flood plain areas and decorative objects such as art work or
fountains. Usable open space shall not include: required sidewalks, rooftops, accessory buildings, except
those portions or any building designed specifically for recreational purposes, parking areas, landscaped
parking requirements, driveways, turn -rounds or the right-of-way or easement for streets or alleys.
Utility Distribution/Transmission Facility - Facilities, including subsidiary stations, which serve to
distribute, meter, transmit, transform, or reduce the pressure of gas, water, or electric current.
Variance - An adjustment in the application of the specific regulations of the Zoning Ordinance to a
particular parcel of property which, because of special conditions or circumstances of hardship peculiar to
the particular parcel, is necessary to prevent the property from being deprived of rights and privileges
enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the Town
of Prosper can grant a Variance in accordance with the State Local Government Code, Section 211.009.
Veterinarian Clinic and/or Kennel, Indoor - An establishment, not including outside pens, where animals
and pets are admitted for examination and medical treatment, or where domesticated animals are housed,
groomed, bred, boarded, trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor - An establishment with outdoor pens, where animals and
pets are admitted for examination and medical treatment, or where domesticated animals are housed,
groomed, bred, boarded, trained, or sold for commercial purposes.
Water Treatment Plant - A facility owned and/or operated by a private entity that is used to alter the
physical, chemical, or biological quality of water.
Winery - A manufacturing facility designed to place wine into a bottle or other container for wholesale and
limited retail distribution. A winery is subject to compliance with the Texas Alcoholic Beverage Code, as it
exists or may be amended, and permitting by the Texas Alcoholic Beverage Commission.
3-2-21
CHAPTER 3 - PERMITTED USES AND DEFINITIONS
SECTION 2 - DEFINITIONS
Yard - An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed
by any portion of a structure from the ground upward, except where otherwise specifically provided in this
Ordinance that the building or structure may be located in a portion of a yard required for a main building. In
measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the
depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be
used.
Yard, Front - A yard located in front of the front elevation of a building and extending across a lot between
the side yard lines and being the minimum horizontal distance between the front property line and the
outside wall of the main building.
Yard, Rear - The area extending across the rear of a lot measured between the lot lines and being the
minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building.
On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the
front yard.
Yard, Side - The area between the building and side line of the lot and extending from the front lot line to
the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of
the side of the main building.
Zoning District Map - The official map upon which the boundaries of the various Zoning Districts are drawn
and which is an integral part of this Ordinance.
3-2-22
Development Requirements
Chapter Section
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P
4
DEVELOPMENT REQUIREMENTS
1
Site Plan Process
4-1-1
2
Landscaping
4-2-1
3
Tree Mitigation
4-3-1
4
Parking and Loading
4-4-1
5
Screening Fences and Walls
4-5-1
6
Outdoor Lighting
4-6-1
7
Accessory Buildings and Uses
4-7-1
8
Non -Residential Design and Development
4-8-1
9
Additional and Supplemental
4-9-1
9.1 — Lot Regulations
4-9-1
9.2 — Minimum Dwelling Unit Area
4-9-1
9.3 — Front Yard
4-9-2
9.4 — Side and Rear Yards
4-9-3
9.5 — Special Height Regulations
4-9-3
9.6 — Measurements
4-9-4
9.7 — Modular Homes
4-9-4
9.8 — Exterior Construction of Main Buildings
4-9-4
9.9 — Handicap Accessibility
4-9-5
9.10 — Self -Storage and Mini -Warehouse Facilities
4-9-5
9.11 — Adjacency of Certain Uses to Residential Zoning
4-9-5
9.12 — Day Care Centers, Private Schools, and Similar Facilities
4-9-6
9.13 — Residential Development Adjacent to Railways
4-9-6
9.14 — Nonresidential and Multifamily Development Adjacent to a Major Creek
4-9-7
9.15 — Traffic Impact Analysis
4-9-8
9.16 — Residential Open Space
4-9-12
9.17 — Multifamily Site Design
4-9-13
SECTION 1
SITE PLAN PROCESS
1.1 GENERAL:
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
This Section establishes a site plan review process for land development. The process involves a
series of two plans, progressing from a generalized evaluation of a site and development concept to
approval of a detailed development plan.
The first plan is a Preliminary Site Plan. This plan presents detailed information on building layout,
parking, drives, landscaping, screening, and other site improvements. Preliminary Site Plan approval
assures the applicant that the general layout is acceptable prior to proceeding with detailed
engineering and design work. Site Plan approval is the final step in the process. A Site Plan is a
detailed, scaled drawing of all surface improvements, structures and utilities proposed for
development. Site plan approval is required prior to a construction release and prior to the issuance
of building permits. Preliminary Site Plans and Site Plans require review and approval by the
Planning & Zoning Commission.
The purpose of this process is to:
A. Ensure compliance with adopted Town development regulations and other applicable regulations
for which the Town has enforcement responsibility.
B. Promote safe, efficient and harmonious use of land through application of Town -adopted design
standards and guidelines.
C. Protect and enhance the Town's environmental and aesthetic quality.
D. Ensure adequate public facilities to serve development.
E. Prevent or mitigate adverse development impacts, including overcrowding and congestion.
F. Aid evaluation and coordination of land subdivision.
G. Promote the public health, safety and welfare.
1.2 APPLICABILITY:
The site plan review process shall apply to:
A. Nonresidential development, except for Agricultural buildings and temporary field construction
offices/staging areas as permitted by the Building Official.
B. Multifamily residential development having more than four dwelling units, including attached single-
family housing.
C. Mobile home parks.
D. Parking lot development, reconstruction or reconfiguration of more than twenty (20) spaces.
1.3 SUBMISSION OF APPLICATIONS:
Applications for approval of plans required by this Section must be submitted to the Planning Department. A
calendar of official submittal dates for items requiring Planning & Zoning Commission approval shall be
published by the Town thirty (30) days prior to the beginning of each calendar year. All applications
received on a date other than an official submittal date shall be dated received on the next official submittal
date. Applications must be complete for acceptance, in accordance with Chapter 1, Section 9.
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
1.4 FEES, FORMS AND PROCEDURES:
The Town Council shall establish a schedule of fees relating to the site plan approval process. The Director
of Planning may establish procedures, forms and standards with regard to the content, format and number
of copies of information constituting an application for preliminary site plans and site plans.
1.5 PRELIMINARY SITE PLAN:
A. General
A preliminary site plan is the first plan in the site plan approval process. The purpose of the plan is to:
1. Ensure compliance with applicable development regulations and previously approved, valid plans
affecting development of the property.
2. Determine the placement, configuration, coverage, size and height of buildings.
3. Determine the design of public street improvements and right-of-way, the design and location of
drives, aisles and parking.
4. Determine location and preliminary design of open space, landscaping, walls, screens and
amenities.
5. Determine the preliminary design of drainage facilities and utilities.
B, Applicability
Except as provided in Chapter 4, Section 1.6(A), an approved, valid preliminary site plan shall be
required prior to the consideration of a site plan for development property defined in Chapter 4, Section
1.2. The plan must include all contiguous property of common ownership, except that approved platted
lots that are not part of the intended development may be shown for informational purposes only.
C. Wication Procedure and Reouirements
1. Pre -Application — Before preparing a preliminary site plan, the applicant shall meet with Planning
Department staff to discuss the application procedure and requirements, and review the proposed
development concept.
2. General Application — The property owner, or an authorized representative, shall submit an
application for the approval of a Preliminary Site Plan, This application shall include the
information listed below on a dimensioned, engineered -scaled drawing on twenty four (24) by thirty
six (36) inch size paper. The drawing shall include existing and proposed site conditions and
improvements, including:
a. Site boundaries, bearings and dimensions, lot lines, site acreage and square footage, and
approximate distance to the nearest cross street.
b. Location map, north arrow, scale, title block (located in the lower right hand corner) containing
the proposed subdivision name with block and lot number, and preparation date.
c. Name, address and phone number of land owner(s) and applicant(s).
d. Site data summary table with the following information:
• Zoning
• Proposed Use
• Lot Area, excluding right-of-way (square footage and acreage)
• Building Area (gross square footage)
• Building Height (feet and number of stories)
• Lot Coverage
4-1-2
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
• Floor Area Ratio (for non-residential zoning)
• Total Parking Required (with ratio)
• Total Parking Provided
• Handicap Parking Required, including van accessible
• Handicap Parking Provided, including van accessible
• Interior Landscaping Required
• Interior Landscaping Provided
• Square footage of Impervious Surface
• For multi -family developments;
o Number of Dwelling Units with Number of Bedrooms
o Usable Open Space Required
o Usable Open Space Provided
e. Town of Prosper site plan notes.
f. Existing topography at two (2) foot contours or less.
g. Natural features including tree masses and anticipated tree loss, Flood Plain, drainage ways
and creeks.
h. Proposed reclamation of floodplain area(s), if applicable, with acreage.
i. Existing and proposed improvements and topography within seventy five (75) feet of the
subject property, subdivision name, zoning, and land use description of property adjacent to
the subject property.
j. Building locations, building size and dimensions, density, height, dimensions between
buildings on the same lot, building lines and setbacks, and use.
k. Public streets, private drives and fire lanes with pavement widths, right of way, median
openings, turn lanes (including storage and transition space), existing driveways on adjacent
property, and driveways shown on approved plans for adjacent property with dimensions, radii
and surface type.
I. Visibility easements.
m. Distances (measured edge to edge) between existing and proposed driveways (on-site and
off-site) and streets.
n. Existing utilities, nearest fire hydrant dimensioned to property corner, and proposed fire
hydrants.
o. Proposed detention areas, including preliminary calculations.
p. Parking areas and structures, including the number and layout of standard spaces, angle of
parking if other than ninety (90) degrees, handicap spaces, drive aisles, loading and unloading
areas, the location of ramps, crosswalks, sidewalks, and barrier free ramps with typical
dimensions.
q. Access easements and off-site parking.
r. Proposed dedications and reservations of land for public use including but not limited to rights
of way, easements, park land, open space, drainage ways, Flood Plain and facility sites with
gross and net acreage.
s. Screening walls, fences, living screens, headlight screens and service area screens, including
conceptual height and type of construction and/or planting.
4-1-3
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 -SITE PLAN PROCESS
t. Dumpsters, located to minimize visibility, and including height and material of associated
screening wall.
u. Landscaping islands and open space areas with dimensions.
v. Phases of development, including delineation of areas, building sites, land use and
improvements to be constructed in independent phases.
w. Additional information as requested by staff to clarify the proposed development and
compliance with minimum development requirements.
3. Additional Requirements — In addition to meeting the requirements for preliminary site plan
approval, the following approvals may be necessary: (such applications and plans shall be
accepted for filing, however, prior to approval of the preliminary site plan, and failure to submit such
applications prior to approval of the preliminary site plan shall be grounds for denial or rejection of
the preliminary site plan).
a. Preliminary plat, if applicable.
b. Preliminary utility plans, if applicable.
4. Standards of Approval — The Planning & Zoning Commission may approve, conditionally
approve, table or deny a Preliminary Site Plan based on:
a. Conformance with the Comprehensive Plan and adopted design guidelines.
b. Compliance with the Zoning Ordinance and other applicable regulations and previously
approved, valid plans for the property.
c. Impact on the site's natural resources.
d. Affect on adjacent and area property and land use.
e. Safety and efficiency of vehicular and pedestrian circulation, traffic control and congestion
mitigation.
f. Safety and convenience of off-street parking and loading facilities.
g. Access for fire fighting and emergency equipment to buildings.
h. Use of landscaping and screening to shield lights, noise, movement or activities from adjacent
properties and to complement the design and location of buildings and parking.
i. The location, size and configuration of open space areas to ensure that such areas are
suitable for intended recreation and conservation uses.
5. Effect — Approval of a preliminary site plan by the Planning & Zoning Commission shall constitute
authorization by the Town for the land owner(s) to submit an application for final site plan approval
for development of the entire site or a portion thereof provided that the site plan conforms to the
preliminary site plan and any conditions attached to its approval. During the time the preliminary
site plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire
lanes, median breaks, curb cuts and parking shall remain fixed except as to permit minor
adjustments resulting from subsequent engineering of improvements or to prevent a condition
affecting public health or safety which was not known at the time of approval. Except where
authorized by ordinance, a preliminary site plan may not be used to approve an exception to
development regulations. Where an approved plan conflicts with an adopted regulation and no
variance or exception is expressly approved, the regulation shall apply.
6. Lapse — The approval of a preliminary site plan shall be effective for a period of two (2) years from
the date that the preliminary site plan is approved by the Planning & Zoning Commission, at the
4-1-4
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1- SITE PLAN PROCESS
end of which time the applicant must have submitted and received approval of a site plan by the
Planning & Zoning Commission. If a site plan is not approved within such two (2) year period, the
preliminary site plan approval is null and void. If site plan approval is only for a portion of the
property, the approval of the preliminary site plan for the remaining property shall be null and void.
The applicant shall be required to submit a new preliminary site plan for review and approval
subject to the then existing regulations.
Appeal — The applicant, Director of Planning, or a simple majority of the Town Council may appeal
the decision of the Planning & Zoning Commission by submitting a written notice of appeal to the
Planning Department. The applicant or Director of Planning must submit said written notice of
appeal no later than fourteen (14) days from the date of such decision. The Town Council shall
consider and act on whether it will appeal the Commission's decision no later than fourteen (14)
days from the date of such decision or at its first regular meeting (for which there is time to post an
agenda as required by law) that occurs after the Commission meeting at which the decision was
made, whichever is later. Written notice of the Town Council's vote to appeal shall be submitted to
the Planning Department within seven (7) days of the Town Council's vote. The Town Council
shall consider the appeal at a public meeting no later than forty-five (45) days after the date on
which the notice of appeal is submitted to the Planning Department. The Town Council may affirm,
modify, or reverse the decision of the Planning & Zoning Commission.
1.6 SITE PLAN:
A site plan is the final plan required in the site plan approval process. The site plan is a detailed plan of the
public and private improvements to be constructed. The purpose of the plan is to:
• Ensure compliance with applicable development regulations and previously approved, valid plans
affecting development of the property.
• Coordinate and document the design of public and private improvements to be constructed.
• Coordinate the subdivision of land, including the granting of easements, development agreements and
provision of surety.
A. Applicability
An approved and valid site plan shall be required prior to the approval of any construction plan and
permit for any development defined in Chapter 4, Section 1.2 of this Ordinance. An approved, valid
preliminary site plan is required prior to the consideration of a site plan except as provided below:
1. Development of a single building on one lot not exceeding three (3) net acres and where the lot is
not being subdivided from a larger property.
2. Development of parking or outside storage areas.
3. Development of utilities and non -occupied structures.
4. Development of outdoor recreation structures and amenities.
B. Appiicabon Procedure and Reouirernents
1. Pre -application — Before preparing a site plan, the applicant shall meet with Planning Department
staff to discuss the procedures for approval and to review the general concept of the proposed
development.
2. General Application — The property owner shall submit an application for the approval of a Site
Plan. This application shall include the information listed below on a dimensioned, engineer -scaled
drawing on twenty four (24) by thirty six (36) inch size paper. The drawing shall include existing
and proposed site conditions and improvements, including:
ME
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1- SITE PLAN PROCESS
a. Site boundaries, bearings and dimensions, lot lines, site acreage and square footage, and
approximate distance to the nearest cross street,
b. Location map, north arrow, scale, title block (located in the lower right hand corner) containing
the proposed subdivision name with block and lot number, and preparation date.
c. Name, address and phone number of land owner(s) and applicant(s).
d. Site data summary table
• Zoning
• Proposed Use
• Lot Area, excluding right-of-way (square footage and acreage)
• Building Area (gross square footage)
• Building Height (feet and number of stories)
• Lot Coverage
• Floor Area Ratio (for non-residential zoning)
• Total Parking Required (with ratio)
• Total Parking Provided
• Handicap Parking Required, including van accessible
• Handicap Parking Provided, including van accessible
• Interior Landscaping Required
• Interior Landscaping Provided
• Square footage of Impervious Surface
• For multi -family developments:
o Number of Dwelling Units with Number of Bedrooms
o Usable Open Space Required
o Usable Open Space Provided
e. Town of Prosper site plan notes.
f. Existing topography at two (2) foot contours or less and proposed at two (2) foot contours or
less, referenced to sea level datum.
g. Natural features including tree masses and anticipated tree loss, Flood Plain, drainage ways
and creeks.
h. Proposed reclamation of floodplain area(s), if applicable, with acreage.
i. Existing and proposed improvements within seventy five (75) feet of the subject property,
subdivision name, zoning, and land use description of property adjacent to the subject
property.
j. Building locations, building size and dimensions, intensity, density, height, dimensions
between buildings on the same lot, building lines and setbacks, and use.
k. Finished floor elevation of structures referenced to sea level datum,
I. Public streets, private drives and fire lanes with pavement widths, right of way, median
openings, turn lanes (including storage and transition space), existing driveways on adjacent
property, and driveways shown on approved plans for adjacent property with dimensions, radii
and surface type,
m. Distances (measured edge to edge) between existing and proposed driveways (on-site and
off-site) and streets.
4-1-6
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
n. Parking areas and structures, including the number and layout of standard spaces, angle of
parking if other than ninety (90) degrees, handicap spaces, drive aisles, loading and unloading
areas, the location of ramps, crosswalks, sidewalks, and barrier free ramps with typical
dimensions.
o. Access easements and any off-site parking.
p. Location of off-street loading areas, dumpsters, and trash compactors with height and material
of screening (these shall be located to minimize visibility).
q. Proposed dedications and reservations of land for public use including but limited to: rights of
way, easements, park land, open space, drainage ways, flood plains and facility sites with
gross and net acreage. All dedications shall be free and clear of all encumbrances at the time
of dedication.
r. Screening walls, fences, living screens, retaining walls, headlight screens and service area
screens, including height and type of construction and/or planting specification.
s. Landscape islands with dimensions and open space areas with dimensions and total square
footage.
t. Proposed detention areas.
u. Water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes,
and other structures on site or immediately adjacent to the site specified.
v. Water and sewer connections, meter locations, sizes, and meter and/or detector check valve
vaults indicated. Table of the number of water meters by size and noting if they are existing or
proposed.
w. Inlets, culverts and other drainage structures on-site and immediately adjacent to the site.
x. Existing and proposed easements, including visibility easements.
y. Additional information as requested by staff to clarify the proposed development and
compliance with minimum development requirements.
3. Additional Requirements — The following plans shall be submitted with a site plan application and
approval is necessary prior to final authorization for development:
a. Final plat or replat.
b. Engineering plans.
c. Landscape plans.
d. Facade plan, if applicable.
e. Other approvals as required by ordinance or resolution.
4. Standards of Approval — Where application for site plan approval is made for development
defined on an approved, valid preliminary site plan, the Planning & Zoning Commission may
approve, conditionally approve or deny the application based upon the criteria listed below:
a. Conformance with the Comprehensive Plan and adopted design guidelines.
b. Compliance with the Zoning Ordinance and other applicable regulations and previously
approved, valid plans for the property.
c. The design and location of off-street parking and loading facilities to ensure that all such
spaces are usable and are safely and conveniently arranged.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
d. The width, grade and location of streets designed to accommodate prospective traffic and to
provide access for fire fighting and emergency equipment to buildings.
e. The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise,
movement or activities from adjacent properties when necessary, and (2) to complement the
design and location of buildings and be integrated into the overall site design.
f. The location, size and configuration of open space areas to ensure that such areas are
suitable for intended recreation and conservation uses.
g. Protection and conservation of soils from erosion by wind or water or from excavation or
grading.
h. Protection and conservation of water courses and areas subject to flooding.
i. The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other
utilities necessary for essential services to residents and occupants.
5. Effect — Approval of a site plan is the Town's authorization to apply for approval of building permits
and to receive approval of engineering plans. During the time the site plan remains valid the Town
shall not apply any additional requirements concerning building placement, streets, drives, parking,
landscaping or screening. Site plan approval is separate and distinct from other permits and
approvals as may be required by the Town and other regulatory agencies. Approval of a site plan
shall not affect other applicable regulations concerning development and land use. Except where
authorized by ordinance, a site plan may not be used to approve a variance to development
regulations. Where an approved plan conflicts with an adopted regulation and no variance or
exception is expressly approved, the regulation shall apply.
6. Lapse — The approval of a site plan shall be effective for a period of eighteen (18) months from the
date of approval by the Planning & Zoning Commission, at the end of which time the applicant
must have submitted and received approval of engineering plans and building permits. If the
engineering plans and building permits are not approved, the site plan approval, together with any
preliminary site plan for the property, is null and void. If engineering plans and permits have been
approved only for a portion of the property and for improvements, the site plan for the remaining
property and/or improvements, together with any preliminary site plan for the property, shall be null
and void. The applicant shall be required to submit a new preliminary site plan and, subsequently,
a new site plan consistent therewith, for review and approval by the Planning & Zoning
Commission subject to the then existing regulations (see Chapter 4, Section 1.6(B)). Site plan
approval shall expire upon completion of the improvements shown on the plan. Subsequent
additional development, site modifications and redevelopment shall be permitted in accordance
with Chapter 4, Section 1.10.
7. Appeal — The applicant, Director of Planning, or a simple majority of the Town Council may appeal
the decision of the Planning & Zoning Commission by submitting a written notice of appeal to the
Planning Department. The applicant or Director of Planning must submit said written notice of
appeal no later than fourteen (14) days from the date of such decision. The Town Council shall
consider and act on whether it will appeal the Commission's decision no later than fourteen (14)
days from the date of such decision or at its first regular meeting (for which there is time to post an
agenda as required by law) that occurs after the Commission meeting at which the decision was
made, whichever is later. Written notice of the Town Council's vote to appeal shall be submitted to
the Planning Department within seven (7) days of the Town Council's vote. The Town Council
shall consider the appeal at a public meeting no later than forty-five (45) days after the date on
which the notice of appeal is submitted to the Planning Department, The Town Council may affirm,
modify, or reverse the decision of the Planning & Zoning Commission.
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1.7
1.8
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1- SITE PLAN PROCESS
AMENDMENTS:
At any time following the approval of a preliminary site plan or site plan, and before the lapse of such
approval the property owner(s) may request an amendment. Amendments shall be classified as major and
minor. Minor amendments shall include corrections of distances and dimensions, adjustments of building
configuration and placement, realignment of drives and aisles, layout of parking, adjustments to open space,
landscaping and screening, changes to utilities and service locations which do not substantially change the
original plan. Any increase of building height or proximity to an adjacent (off-site) residential use shall not
be considered a minor amendment. The Director of Planning or his/her designee may approve or
disapprove a minor amendment. Disapproval may be appealed to the Planning & Zoning Commission and
Town Council (see Chapter 4, Section 1.6(6)(7) for appeal procedure). All other amendments shall be
considered major amendments and will be considered by the Planning & Zoning Commission at a public
meeting in accordance with the same procedures and requirements for the approval of a plan.
EXTENSION PROCEDURE:
A. A property owner, or his/her representative, may request extension of an approved preliminary site plan
if such request is submitted to the Director of Planning, or his/her designee at least thirty (30) days prior
to lapse of such plan as provided in these regulations. The preliminary site plan may be extended up to
twelve (12) months. Application for the extension shall be made by submitting a development
application to the Town's Planning Department on or before one of the Town's official submittal dates
for development requests. The application shall be accompanied by a letter detailing the reason for the
extension and by the required number of copies of the plan. If the Director of Planning or his/her
designee denies the extension, the applicant may request an appeal to the Planning & Zoning
Commission in writing within fourteen (14) days of such denial. If the Planning & Zoning Commission
denies the extension, the applicant may request an appeal to the Town Council in writing within
fourteen (14) days of such denial.
In reviewing an extension request, the Director of Planning or his/her designee shall consider the
following;
Has a site plan been submitted for any portion of the property shown on the preliminary site plan?
• Does the preliminary site plan comply with new ordinances, those approved after the initial
approval of the preliminary site plan, that impact the health, safety, and general welfare of the
community?
• Are there adequate public facilities, such as parks or schools, in the area surrounding the property?
Negative answers to any of the above shall be grounds to deny the extension or approve the extension
with conditions. In granting any extension, the Director of Planning or his/her designee, the Planning &
Zoning Commission, upon appeal, or the Town Council, upon appeal, may apply current development
standards to the application, or make such other conditions as are needed to assure that the land will
be developed in a timely fashion and that the public interest is served. A second one (1) year extension
may be requested using the same process after the expiration of the initial extension.
A property owner, or his/her representative, may request extension of an approved site plan if such
request is submitted to the Director of Planning, or his/her designee at least thirty (30) days prior to
lapse of such plan as provided in these regulations. Site plans may be extended up to six (6) months.
Application for the extension shall be made by submitting a development application to the Town's
Planning Department on or before one of the Town's official submittal dates for development requests.
The application shall be accompanied by a letter detailing the reason for the extension and by the
required number of copies of the plan. If the Director of Planning or his/her designee denies the
extension, the applicant may request an appeal to the Planning & Zoning Commission in writing within
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 1 - SITE PLAN PROCESS
fourteen (14) days of such denial. If the Planning & Zoning Commission denies the extension, the
applicant may request an appeal to the Town Council in writing within fourteen (14) days of such denial.
In reviewing an extension request, the Director of Planning or his/her designee shall consider the
following:
Has the preparation of civil engineering plans progressed, a grading permit been issued, or
construction commenced?
A negative answer to the above shall be grounds to deny the extension. In granting an extension, the
Director of Planning or his/her designee, the Planning & Zoning Commission, upon appeal, or the Town
Council, upon appeal, may apply current development standards to the application, or make such other
conditions as are needed to assure that the land will be developed in a timely fashion and that the
public interest is served. A second six (6) month extension may be requested using the same process
after the expiration of the initial extension.
C. In determining whether to grant such request, the Director of Planning or his/her designee, the Planning
& Zoning Commission, and/or the Town Council shall take into account the reasons for the requested
extension, the ability of the property owner to comply with any conditions attached to the original
approval and the extent to which newly adopted regulations shall apply to the plan. The Director of
Planning or his/her designee, the Planning & Zoning Commission, and/or the Town Council shall extend
or reinstate the plan, with or without conditions, or deny the request, in which instance the property
owner must submit a new application for approval.
D. The Director of Planning or his/her designee, the Planning & Zoning Commission, and/or the Town
Council may extend or reinstate the approval subject to additional conditions based upon newly
enacted regulations or such as are necessary to assure compliance with the original conditions of
approval. The Director of Planning or his/her designee, the Planning & Zoning Commission, and/or the
Town Council may also specify a shorter time for lapse of the extended plan than is applicable to
original approvals.
1.9 REVOCATION OF APPROVAL:
The Town Council or the Planning & Zoning Commission may revoke approval of a preliminary site plan or
site plan if it determines that the conditions of the approval have not been met or if the plan contains, or is
based upon, incorrect information. The Town shall notify an applicant within fourteen (14) days of such
revocation of approval via U.S, Postal Service.
1.10 ADDITIONAL DEVELOPMENT AND REDEVELOPMENT:
Following the completion of improvements shown on an approved site plan, additional development, site
modifications or redevelopment of the site shall be permitted subject to the approval of a revised site plan,
Minor expansions and redevelopment may be approved by the Director of Planning or his/her designee
under the terms of Chapter 4, Section 1.7. All other expansions or redevelopment shall require submittal of
a revised site plan and the approval of the Planning & Zoning Commission under the requirements and
procedures then in effect.
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SECTION 2
LANDSCAPING
2.1 PURPOSE:
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
The purpose of this Section is to provide for the orderly and aesthetic development of the Town and to promote
the health, safety and general welfare of the community. It is the intent of this Section to achieve the following:
• A balance between the need for landscape treatments and the need for commercial growth in the Town.
• Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements.
• To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification,
oxygen regeneration, ground -water recharge, storm water runoff retardation and erosion control.
• Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the
visual softening of building masses.
• Reduce glare from paved surfaces, dust nuisances and the impact of noise.
• Protect and promote the value of residential and commercial properties within the Town.
• Promote a positive image for the attraction of new business enterprises within the Town.
• Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental
and aesthetic qualities of the Town.
Therefore, landscaping is required of new development and altered or repaired construction on all developments,
and construction of the developments shall conform to the standards in this Section (the "Landscape
Standards").
2.2 SCOPE:
The standards and criteria contained in this Section are the minimum standards for all new development and
existing developments that are expanding or redeveloping thirty (30) percent or more of that development. All
construction in these developments shall conform to this Section. In addition, any use requiring a Specific Use
Permit (SUP) or any property having a Planned Development (PD) zoning designation must comply with these
Landscape Standards or the standards set forth in the SUP or PD zoning designation, whichever is more
restrictive. The provisions of this section shall be administered and enforced by the Director of Planning, or
his/her designee. For new construction, Landscape Standards shall be shown on a Landscape Plan as required
in this Section.
A. Permits
No permits will be issued for building, paving, utilities or construction until a Landscape Plan is submitted
and approved by the Town. A Certificate of Occupancy will not be issued until the Landscape Plan
approved by the Town has been installed in accordance with that plan and approved by the Town.
If a Certificate of Occupancy is sought during a season of the year in which the Town determines that it
would be impractical to plant trees, shrubs or grass, or to lay turf, the developer/owner will deposit with the
Town a sum of money equal to the cost of installing all or the remaining portion of the approved Landscape
Plan. In lieu of paying cash, the developer/owner may provide financial assurance of payment of the cost of
installing the Landscape Plan acceptable to the Town, which will remain in effect until the Landscape Plan is
installed and accepted by the Town. The Landscape Plan will be installed within six (6) months of final
acceptance of the development by the Town or issuance of the first certificate of occupancy within the
development. Failure to do so will be a violation of this Ordinance and subject to the penalties contained
herein.
B. Enforcement
If at any time after the issuance of a Certificate of Occupancy, the landscaping that was installed does not
conform to the Landscape Plan or the Landscape Standards, the Town will issue notice to the property
owner, tenant and/or agent, citing the violation and describing the action required to comply with this
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
Section. The owner, tenant or agent shall have thirty (30) days from date of said notice to comply with
approved Landscape Plan. If the landscaping is not installed within the allotted time, the property owner,
tenant, and agent shall be in violation of this Ordinance. In addition to any other remedy available to the
Town, the Certificate of Occupancy for that property may be revoked.
2.3 LANDSCAPE PLAN:
A landscape plan shall be submitted in conjunction with a site plan and/or final plat for all developments. A
landscape plan is not required for individual single family lots. The landscape plans shall be prepared by a
Landscape Architect shall contain the following information:
A. Minimum scale of one (1) inch equals thirty (30) feet or appropriate scale for legibility.
B. Location, size and species of all existing trees to be preserved indicating true size as measured four and
one half (4%) feet above natural ground level.
C. Location of all plant and landscaping material to be used, including plants, paving, benches, screens,
fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape
features.
D. Identification of all plant material to be used, identified by both common and botanical names.
E. Size of all plant material to be used at time of planting, appropriate spacing shall be indicated on the
Landscape Plan and approved by the Town.
F. Layout and description of irrigation, sprinkler, or water systems including placement of water sources. A
Texas license irrigation seal is necessary on all irrigation plans that require certification.
G. All common areas, non-residential, and multi -family landscape areas will be irrigated with a mechanical
irrigation system including turf and ground cover areas.
H. A certified landscape architect shall be required for the preparation and submission of the Landscape Plan.
(A dry seal with signature is acceptable for the Landscape Plan).
I. North indicating mark.
J. Date of the Landscape Plan and any revisions.
K. Size and location of all existing and proposed utilities, including easements.
L. Details and/or cross sections as required for clarification by the Town.
M. Topography shall include final grade at one (1) foot intervals using spot elevations and/or contours to define
proposed drainage patterns as required by the Town.
N. Parkways and medians shall have a minimum of six (6) inches of topsoil.
2.4 MAINTENANCE:
The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all
landscaping required by this Ordinance. All plant material shall be perpetually maintained in a healthy and
growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced by
property owner, tenant or agent with plant material of similar variety and size, within thirty (30) days of
notification by the Town or a date approved by the Town.
2.5 GENERAL STANDARDS:
The following criteria and standards shall apply to landscape materials and installation:
A. All required landscaped open areas shall be completely covered with living plant material. Mulch and other
materials can be used around required shrub and tree plantings. Supplemental plantings or design elements
that are beyond requirements can be submitted for Town review and approval at any time. Landscape
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
Plans must meet the minimum requirements of this Section prior to approval by the Town.
B. Plant materials shall conform to the standards of the approved plant lists in this Section and substitutions of
plant material may be approved by the Town. The quantity of plant material required by this Section must
equal or exceed the minimum number of plants required by this Section. Unless otherwise noted on the
approved Landscape Plan, required plant material can be placed in groupings or utilized in appropriate
planting designs that are proposed by the applicant and approved by the Town.
C. Trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a
lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create
the equivalent of fifteen (15) feet crown of spread. Unless otherwise specified herein, trees shall be of a
minimum of three (3) inches in caliper as measured twelve (12) inches above natural soil level and seven
(7) feet in height at time of planting.
D. Shrubs other than dwarf variety shall be a minimum of two (2) feet in height when measured immediately
after planting. A screening hedge, where required, shall be planted and maintained so as to form a
continuous, unbroken, solid visual screen that will be three (3) feet in height within one (1) year after
planting. Any parking area abutting the landscape perimeter will be screened from the adjacent street as
approved by the Town. Parking areas that are beyond sixty (60) feet from the property line do not require
screening unless adjacent to a residential zoning district or a residential development.
E. Ground covers used in lieu of grass must provide complete coverage within one (1) year of planting.
Ground cover planting must provide and maintain adequate coverage as approved by Town.
F. Earthen berms shall not exceed a 3:1 slope (three (3) feet of horizontal distance for each one (1) foot of
height). All berms will contain adequate drainage and preventive erosion measures as may be required by
the Town. Berms shall not include construction debris. Slippage or damage to the smooth finish grade of
the berm must be corrected prior to acceptance by Town.
G. Large Trees must be planted four (4) feet or greater from curbs. Large trees shall be placed a minimum of
four (4) feet from sidewalks, utility lines, screening walls and/or other structures. Ornamental trees can be
placed closer than four (4) feet with approval from the Town. Any reduction in spacing requires a root
barrier approved by the Town, Utility installation that includes common trench and conduit banks is exempt
from the Large Tree planting distance requirements. The Town has final approval for all tree placements.
The Landscape Plan will show the size and location of duct banks.
H. Evergreen trees such as conifers intended for screening will have a minimum height of six (6) feet at the
time of planting. Evergreen shrubs intended for required screening shall be a minimum of seven (7) gallons
and be capable of attaining six (6) feet in height in two growing seasons.
I. A Tree Permit, in accordance with Chapter 4, Section 3.3, and/or grading permit is required for all clear -
cutting and/or mass removal of under -story or wooded areas.
J. All driveways will maintain visibility as approved by the Town. Landscaping shall not impede visibility
affecting the health, safety, and welfare of the public.
K. All plantings intended for erosion control will be maintained by the land owner, applicant, or tenant. The
Town may require re -vegetation to prevent erosion or slippage.
L. Small trees maybe substituted for Large Trees at the rate of three (3) small trees for each one (1) large tree
(3:1) with approval of the Town. Unless otherwise specified herein, small trees will have a minimum size of
three (3) inch caliper.
M. New or proposed plant materials will be measured and sized according to the Texas Association of Nursery
(TAN) standards.
N. Other plant materials in excess of the quantities required in this Ordinance may be smallerthan the required
material. All shrubs intended for public, non-residential, or multi -families developments should be at least
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2.6
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
two (2) gallons or more.
0. Alternate designs may be considered by the Town to conform to the intent of this Ordinance. Any alternate
design requires Town approval. The alternate method of utilizing large quantities of small material may
include, but are not limited to:
One (1) five (5) gallon shrub = Two (2) three (3) gallon or four (4) two (2) gallon
One (1) three (3) inch large tree = Three (3) three (3) inch ornamental trees
All substitutions are subject to Town approval and must be specified on the approved Landscape Plan,
P. The right-of-way adjacent to required landscape areas shall be maintained by the adjacent property owner
in the same manner as the required landscape area.
Q. Existing trees on a property that are preserved may be used to meet the requirements of this Section upon
approval by the Town.
1. Existing trees approved by the Town for credit are to remain in a living and growing condition. Any
existing tree for which credit was given that dies shall be replaced on the same basis as set forth in this
Section.
2. Large groups of small or under -story trees are eligible for tree preservation credits with approval from
the Town. Credits shall be indicated on the landscape plan.
3. Credit will be revoked where trees intended for preservation credits are damaged due to, among other
things, construction, broken branches, soil compaction or soil cut/fill.
LANDSCAPE AREA REQUIREMENTS:
A. Single Familv, Two Familv (Duplex),, Town Horne„ and Mobile Home Landscape Area Requirements
1. Trees selected from the Large Tree list in Section 2.7 below shall be planted on all Single -Family
Detached, Two Family (Duplex), and Town Home lots. Trees shall be planted to meet the total number
of caliper inches referenced in the table below. Required trees shall not be smaller than one (1) caliper
inch. At least three (3) caliper inches shall be located in the front of the residential lot. The remaining
required Large Trees may be placed in the front or rear of the residential lot. The total caliper inches
required in the table below is based on the area of the residential lot.
2,500 - 6,999 Square Feet 3 caliper inches
7,000 - 8,999 Square Feet 6 caliper inches
9,000 —19,999 Square Feet 9 caliper inches
20,000 and over Square Feet 12 caliper inches
2. Ground cover shall be planted in the front, side, and rear yards of all residential lots. Ground cover
includes, but is not limited to: grasses, shrubs, mulched planter beds, and hardscape.
3. A minimum of twelve (12) three (3) gallon shrubs shall be planted in the front yard of all residential lots.
4. All landscaping required above shall be planted prior to issuance of the certificate of occupancy on the
dwelling.
B. Multifamily Landscape Area Requirements
These standards apply to all Multifamily zoning districts. Any area within a PD district containing
landscaping standards shall comply with the standards set forth in the PD district.
1. General Requirements
a. Landscaped areas will be of varying depths intended to separate and screen incompatible land
uses from one another and to provide green areas along Major Thoroughfares.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
b. Foundation plantings of a single row of shrubs are required along the front fagade of all buildings
adjacent to a public street.
c. Trees required by the open space planting requirements are encouraged to be placed along the
south and west sides of the residential building(s) to increase energy efficiency.
d. A summary of tabulations for all required plantings, preservation credits, tree mitigation, and/or
other data as necessary to document the landscape requirements shall be shown on the
Landscape Plan.
2. Perimeter Requirements
a, A landscaped area at least twenty-five (25) feet wide shall be located between multifamily
developments and public street(s) unless otherwise stated in another ordinance. One (1) large
tree, three (3) inch caliper minimum, will be planted on thirty (30) foot centers within the required
landscaped area (or quantity for size substitution can be approved by the Town). All landscaping
shown on the approved landscape plan will be installed in the vicinity of the building and its
adjoining parking prior to the issuance of a Certificate of Occupancy for units in said building.
b. Where multifamily development is adjacent to the property line of single family zoned property or
areas shown as single family on the Future Land Use Plan, a double row of three (3) inch caliper
trees on fifty (50) foot offset centers shall be located adjacent to single family zoning districts with
one (1) row being shade trees and the other row being evergreen trees in a twenty five (25) foot
wide landscape perimeter area, unless otherwise approved by the Director of Planning or
designee.
c. Where a multifamily development is adjacent to the property line of property zoned for uses other
than single family or parcels not shown as single family on the Future Land Use Plan, a fifteen (15)
foot wide landscape area is required. In addition, one (1) large tree, three inch (3) inch caliper
minimum, will be required for each fifty (50) linear feet that abuts the adjacent property line. Trees
will be located within the fifteen (15) foot perimeter area or within the area located between the
property line and the side or rear building line. Trees required under this Section that are planted
in parking areas may not be credited towards meeting the number of required trees as outlined in
the Interior Parking Requirements listed below.
3. Interior Parking Requirements
a. Twenty (20) square feet of landscaping for each parking space shall be provided within the paved
boundaries of the parking lot, exclusive of the required perimeter landscape requirements stated
above.
b. One (1) Large Tree, three (3) inch caliper minimum, must be provided for every ten (10) parking
spaces, in addition to the perimeter trees required in Chapter 4, Section 2.6(6)(2). In addition, the
trees required in this Section may not be planted in the required perimeter landscaped areas to
receive credit for the perimeter landscape area. Three (3) small trees, a minimum of six (6) feet in
height and three (3) inches in diameter, may be substituted for one (1) required large tree for up to
twenty-five (25) percent of the required large trees.
c. Landscaped islands within the parking lot shall be a minimum of one hundred and sixty (160)
square feet, not less than nine (9) foot wide, and a length equal to the abutting space.
d. There shall be at least one (1) large tree, three (3) inch caliper minimum, within fifty (50) feet of
every parking space, Only trees located in parking areas are available to meet this requirement.
e. Landscaped islands will be located at the terminus of all parking rows, and should contain at least
one (1) Large Tree, with no more than twelve (12) parking spaces permitted in a continuous row
without being interrupted by a landscaped island. Areas where parking is located between the
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
public street and the buildings, trees will be placed every five (5) parking spaces.
f. Landscape islands in parking areas may be grouped to form one (1) large island subject to Town
approval, provided however, grouping for large islands is prohibited adjacent to public street
frontage.
g. All landscaped areas will be protected by a raised six (6) inch concrete curb or wheel stop where
curbs are not provided. Pavement will not be placed closer than four (4) feet from the trunk of a
tree unless a Town approved root barrier is utilized.
h. A solid living screen using evergreen trees shall be placed around any RV/trailer parking areas.
4. Irrigation Requirements
Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines shall be placed a minimum of two and one-half (2'/z) feet from a Town sidewalk.
Reduction of this requirement is subject to review and approval by the Town Engineer.
b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be
irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line
during periods of drought or water conservation.
c. Rain, freeze, and wind detectors shall be installed on all irrigation lines.
C. Non -Residential Landscaped Area Requirements
These standards apply to all non-residential uses. Any area within a PD containing landscaping standards
shall comply with the standards set forth in the PD district.
1. Perimeter Requirements
A landscaped area consisting of living trees (as specified below), turf, or other living ground cover
and being at least twenty-five (25) feet in width measured from the property line interior to the
property shall be provided adjacent to and outside of the right-of-way on all properties located
adjacent to a major or minor thoroughfare as defined by the Town of Prosper Thoroughfare and
Circulation Designs Standards. The landscaped area may be reduced to fifteen (15) feet for the
portion of a property adjacent to a collector street as defined by the Town of Prosper Thoroughfare
and Circulation Designs Standards. The landscaped area shall be increased to thirty (30) feet for
properties adjacent to Preston Road, University Drive, and Dallas Parkway. One (1) large tree,
three (3) inch caliper minimum per thirty linear (30) feet of roadway frontage shall be planted within
the required landscape area. The trees may be planted in groups with appropriate spacing for
species. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each will be
planted in the landscaped area for each thirty (30) feet of linear frontage. Parking abutting the
landscape area will be screened from the adjacent roadway. The required screening may be with
shrubs or earthen berms.
b. Where a non-residential development is adjacent to the property line of residential zoned parcels
or areas shown as residential on the Future Land Use Plan, one (1) large tree, three (3) inch
caliper minimum, will be planted on thirty (30) foot centers in a fifteen (15) foot landscape area.
Evergreen trees shall be planted on twenty (20) foot centers within areas where truck docks or
loading spaces are adjacent to single family property.
c. Where a non-residential development is adjacent to the property line of parcels zoned for uses
other than residential or parcels not shown as residential on the Future Land Use Plan:
i. A five (5) foot wide landscape area is required.
ii. If the property line is the centerline of a fire lane or drive aisle, the five (5) foot wide landscape
4-2-6
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
area will begin at the edge of the lane/aisle. If the drive aisle or fire lane only allows access to
parking spaces, the landscape area may be eliminated or moved at the discretion of the
Town.
iii. The five (5) foot wide landscape area may be eliminated for a building where the building is
attached to another building and the attached buildings are shown on an approved Site Plan.
iv. One (1) small tree and one (1) five (5) gallon shrub shall be planted every fifteen (15) linear
feet. These trees and shrubs may be clustered in lieu of placing them every fifteen (15) feet.
2. Interior Parking Requirements
Any non-residential parking area that contains twenty (20) or more parking spaces shall provide interior
landscaping, in addition to the required landscaped edge, as follows:
a. Fifteen (15) square feet of landscaping for each parking space shall be provided within the paved
boundaries of the parking lot area.
b. Where an existing parking lot area is altered or expanded to increase the number of spaces to
twenty (20) or more, interior landscaping shall be provided on the new portion of the lot in
accordance with this Section.
c. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not
be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is
utilized.
d. Landscaped islands shall be located at the terminus of all parking rows, and shall contain at least
one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces
permitted in a continuous row without being interrupted by a landscaped island. Where there is a
minimum eight (8) foot wide landscaped median between two rows of head -in parking, landscaped
islands are required every twenty (20) spaces.
e. Landscaped islands shall be a minimum of one hundred and sixty (160) square feet, not less than
nine (9) feet wide and a length equal to the abutting space.
f. Subject to approval by the Town, islands may be grouped to form one large island.
g. There shall be at least one (1) large tree, three (3) inch caliper minimum, within one hundred and
fifty (150) feet of every parking space. This minimum distance may be expanded with Town
approval in the event that required islands are grouped to form larger islands.
3. Building Landscaping
a. Foundation plantings are required for buildings or groups of contiguous buildings that are one
hundred thousand (100,000) square feet or larger. One (1) large tree, three (3) inch caliper, shall
be required for every ten thousand (10,000) square feet of gross building area. These trees shall
be located within thirty (30) feet of the face of the building. These plantings are intended to
provide pedestrian areas while breaking up the large areas of impervious surface. Trees required
by other Sections of this Ordinance will not meet this requirement. Trees may be planted within
the building landscape area described above or within tree grates. Trees can be grouped or
planted in singularform. These tree plantings should be placed so as not to impede sign visibility.
Trees intended for foundation plantings shall meet the following criteria:
i. Planted within thirty (30) feet of the front building face.
ii. Trees planted less than four (4) feet from the back of curb shall be located in a tree grate with
a minimum dimension of four (4) feet.
Small trees may be substituted for large tree foundation plantings at the rate of five
4-2-7
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
ornamentals for each requirement of a large tree (5:1) with Town approval. Small trees shall
have a minimum size of three (3) inch caliper. Multi -trunk trees will be required to meet a
three (3) inch requirement based on standard nursery trade specifications,
iv. Trees may be placed in groups with appropriate spacing for species.
v. The above requirements may be reduced if approved by the Town and additional pedestrian
features such as plazas, seating areas, fountains, and outdoor recreation facilities are
provided. These facilities must occupy an area equal to or greater than five (5) percent of the
total building area.
b. In the DTO and DTC Districts, large trees shall be planted every thirty (30) feet on center in tree
grates within the sidewalk a minimum of four (4) feet behind the back of curb. The trees shall be a
minimum three (3) inch caliper at the time of planting.
4. Irrigation Requirements
Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines shall be placed a minimum of two and one-half (2'/z) feet from a Town sidewalk or
alley. Reduction of this requirement is subject to review and approval by the Town Engineer.
b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be
irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line
during periods of drought or water conservation.
c. Rain, freeze, and wind detectors shall be installed on all irrigation lines.
5. Median planting requirements.
Non-residential developments having frontage on a divided thoroughfare are required to plant or
escrow funds for one (1) three (3) inch caliper large tree per seventy (70) linear feet of frontage, The
purpose of this requirement is to establish trees in the medians as development of properties adjacent
to divided thoroughfares occurs. The Town will be responsible for maintenance of the trees and
medians following the initial installation. The Town is responsible for the installation of trees and
irrigation where funds are escrowed or a bond is provided. The Town will have the sole authority to
approve any alternate methods of meeting median obligations. Right-of-way median plantings shall
meet the following criteria:
a. Median plantings within the public right-of-way are to be a minimum of sixty (60) feet from back of
curb at the median nose.
b. Median plantings shall be a minimum of five (5) feet from back of curb.
c. Visibility corridors are to be shown on Landscape Plans.
d. Trees shall be a minimum of five (5) feet from utility lines.
e. Six (6) inches of topsoil shall be provided in medians,
2.7 REQUIRED PLANT MATERIALS:
A. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists below are
required for compliance to this Section. Other species may be utilized with approval from the Town.
4-2-8
...........................................�._............
Large Trees (Shade) Small Trees (Ornamental)
Afghan Pine
American Beautyberry
Birds of Paradise
American Elm
Italian Jasmine
Buckeye, Mexican
Arizona Cypress
Bridal Wreath Spirea
Buckeye, Red
Bald Cypress
Nellie R, Stevens Holly
Buckeye, Texas
Bigelow Oak
Carolina Buckthorn
Bur Oak
Crepe Myrtle (tree form)
Caddo Maple
Desert Willow
Cedar Elm
Eastern Red Cedar
Chinquapin Oak
Eve's Necklace
Durrand Oak
Hawthorne
Lacebark Elm
Hollywood Juniper
Lacy Oak
Japanese Black Pine
Live Oak
Juniper, Blue Point
Pecan
Juniper, Wichita Blue
Shumard Oak
Mesquite
Southern Live Oak
Mexican Plum
Southern Magnolia
Ornamental Pear*
Texas Ash
Pomegranate
Texas Red Oak
Possumhaw Holly
Western Soapberry
Redbud
Roughleafed Dogwood
Texas Persimmon
Vitex
Wax Myrtle
Winter/Bush Honeysuckle
Yaupon Holly
*Ornamental Pear does not include Bradford Pears
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
�....................................Shrubs
American Beautyberry
Indian Hawthorn
Argarita
Italian Jasmine
Aromatic Sumac
Leatherleaf Mahonia
Bridal Wreath Spirea
Miniature Crepe Myrtle
Burford Holly
Nellie R, Stevens Holly
Chinese Photinia
Oakleaf Hydrangea
Cleyera
Purpleleaf Japanese
Compact Nandina
Barberry
Coral Berry
Red Yucca
Crimson Pygmy Barberry
Rose of Sharon (Althea)
Dwarf Burford Holly
Semi -Dwarf Crepe Myrtle
Dwarf Burning bush
Smooth Sumac
Dwarf Chinese Holly
Spiraea
Dwarf Crepe Myrtle
Standard Nandina
Dwarf Glossy Abelia
Texas Sage
Dwarf Pomegranate
Santolina
Dwarf Spirea
Switchgrass
Dwarf Wax Myrtle
Hamelin's Fountain Grass
Dwarf Yaupon Holly
Wood Violet
Elaeagnus
Zebra Grass
Flowering Quince
Forsythia
Foster Holly
Glossy Abelia
Harbor Dwarf Nandina
Hypericum
Groundcover
Ornamental Grass
............................................................
Asiatic Jasmine
Autumn Blush Muhly
Inland Sea -Oats
Avers, White
Big Bluestem
Lindheimer's Muhly
Frog Fruit
Black Fountain Grass
Little Bluestem
Ground Ivy
Blue Grama
Maiden Grass
Hardy Plumbago
Broomsedge
Morning Light Maiden
Horseherb
Bushy Bluestem
Ravenna Grass
Liriope or Lily Turf
Canada Wildrye
Sideoats Grama
Mondo or Monkey Grass
Dwarf Maiden Grass
Silver Bluestem
Pigeonberry
Dwarf Pampas Grass
Splitbeard Bluestem
Purpleleaf Euonymus
Eastern Gamma Grass
Standard Fountain Grass
Santolina
Feather Reed Grass
Switchgrass
Snake Herb
Hamelin's Fountain Grass
Variegated Japanese Silver Grass
Wood Violet
Indiangrass
Zebra Grass
4-2-9
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 2 - LANDSCAPING
B. Landscaping installed that exceeds the minimum required amounts above does not have to be from the
drought tolerant/native plant lists contained herein. However, Cottonwood Trees may not be planted within
twenty five (25) feet of any public infrastructure.
C. Nonresidential and multifamily developments are strongly encouraged to use Buffalograss as turf, due to its
low water usage, As an incentive to encourage the use of Buffalograss, nonresidential or multifamily
developments that elect to install Buffalograss are exempt from the permanent irrigation requirements
above.
4-2-10
SECTION 3
TREE MITIGATION
3.1 PURPOSE:
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 -TREE MITIGATION
The purpose of this Section is to promote site planning which furthers the preservation of mature trees and
natural areas; to protect trees during construction; to facilitate site design and construction which contribute to
the long term viability of existing trees; and to control the removal of trees when necessary. It is the further
purpose of this Section to achieve the following broader objectives:
A. Prohibit the indiscriminate clearing of property.
B. Protect and increase the value of residential and commercial properties within the Town.
C. Maintain and enhance a positive image for the attraction of new residences and business enterprises to the
Town.
D. Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the
Town.
E. To reduce the erosive effects of rainfall.
3.2 SCOPE:
The scope of this Section includes the removal and/or transplanting of any tree and mitigation for the removal of
Protected Trees. A permit approved by the Director of Planning or his/her designee is required before removing
and/or transplanting any tree and mitigation for the removal of Protected Trees.
3.3 TREE PERMIT:
A Tree Permit shall be required for the transplanting and/or removal of all trees within the Town of Prosper,
regardless of size or species, except for trees located on a single-family or two-family lot contained within a plat
of record, and as otherwise described in Chapter 4, Section 3.4 below.
A. Application for Tree Permit, An application for a Tree Permit may be submitted at any time and is not
required to be submitted in conjunction with development plans, final plat or a building permit. Tree Permits
shall be obtained by making application to the Director of Planning, or his/her designee. The application
must include a letter signed by the property owner allowing the Town access to the property for verification
of all survey information. The application shall also be accompanied by a written document indicating the
reasons for transplanting and/or removal of Protected Trees and two (2) copies of a legible site or planting
plan, and a detailed Tree survey and preservation plan if required in Chapter 4, Section 3.9.
B. Review of Application for Tree Permit. Upon receipt of a proper application for a Tree Permit, the Director of
Planning or his/her designee shall review the application and may conduct field inspections of the site or
development and/or refer the permit application to other departments for review and recommendations as
deemed necessary and appropriate by the Town. Protected Trees may not be removed or transplanted
unless the Director of Planning or his/her designee approves the Tree Permit. The Director of Planning or
his/her designee shall act on a tree permit application within ten (10) business days of its submittal. If action
has not been taken within this specified time frame, the application shall be deemed approved.
3.4 EXCEPTIONS:
A. A Tree Permit shall be required to remove and/or transplant a Protected Tree, except for a Protected Tree
located on a single-family or two-family lot contained within a plat of record and having a Certificate of
Occupancy. The Director of Planning or his/her designee may authorize, in writing, removal of a Protected
Tree provided that the Protected Tree:
1. is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare
or safety;
4-3-1
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 - TREE MITIGATION
2. hinders or obstructs the construction, maintenance, repair, and/or replacement of Town streets, water
and sewer lines, and drainage and storm sewer;
3. is located in any major thoroughfare right-of-way dedicated to and accepted by the Town. This does
not include trees being removed for proposed neighborhood streets, driveways, right and left turn lanes,
and/or median openings. Removal of these trees shall require a permit and mitigation at a rate of fifty
(50) percent of the mitigation requirements contained in Chapter 4, Section 3.5(D) of this Ordinance;
4. hinders or obstructs the construction, repair, maintenance, and/or replacement of public improvement
projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water,
collection and management of storm water runoff and thoroughfares pursuant to the Town's Capital
Improvement Project, Water and Sanitary Distribution Line Maps and/or Thoroughfare Plan; or
5. is damaged or killed by a tornado, ice or wind storms, flooding or other acts of nature.
B. All retail, commercial, and wholesale nurseries are exempt from the terms and provisions of this Section 3 in
relation to those Trees planted and growing on the premises of said business and that are planted and
growing for the sale or intended sale in the ordinary course of business only.
C. Utility companies franchised by the Town in easements or rights-of-way accepted by the Town or otherwise
authorized to provide utility service may remove Protected Tree(s) that endanger public safety and welfare
by interfering with utility service. Any trimming and/or removal of Protected Tree(s) by a utility company
requires prior written approval from the Director of Planning or his/her designee, except in the case of
emergency repairs. A utility company shall notify the Director of Planning or his/her designee of any
trimming and/or removal of Protected Trees done while making emergency repairs on the first business day
following the emergency.
D. The mowing and clearing of brush located within or under the drip lines of Protected Trees is allowed,
provided such mowing or clearing is accomplished by hand or by mechanical mowers with turf tires.
E. Developments that have submitted a preliminary plat for residential development or a final plat for non-
residential development prior to the effective date of this Ordinance shall be exempt from this Ordinance.
F. The removal of trees for the development or redevelopment of golf courses and pedestrian trails shall
require a permit and mitigation at a rate of fifty (50) percent of the mitigation requirements contained in
Chapter 4, Section 3.5(D) of this Ordinance.
G. Agricultural users can remove Protected Tree(s) for agricultural production with prior written permission from
the Director of Planning or his/her designee. A Protected Tree inventory summary is required to list Tree(s)
removed and preserved. Replacement requirements of Protected Tree(s) being removed for agricultural
production will be prorated equally over a period of ten (10) years. Should the property be developed prior
to the full ten (10) years the remainder of required trees shall be planted on the property in addition to the
required trees.
H. A tree located on a common property line may not be removed without first obtaining a Tree Permit. Each
of the affected property owners must request the Tree Permit, A single request may be submitted if it is
signed by each of the affected property owners.
3.5 MITIGATION FOR TREES REMOVED:
A. It shall be the responsibility of any person obtaining a Tree Permit for the removal of Protected Trees to
provide Replacement Tree(s) having a total diameter of inches equivalent to the percentage rates set forth
in Chapter 4, Section 3.6(A), The Diameter for Replacement Trees shall be measured as follows:
1. For single -trunk trees, the width shall be measured at four and one half (4'/2) feet above ground level.
2. For multi -trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of
each additional stem or trunk, all measured at four and one half (4'/2) feet above ground level.
4-3-2
3.6
3.7
a -
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 - TREE MITIGATION
An example: If an eight (8) inch Protected Tree in the flood plain is removed that tree must be replaced
at one hundred fifty (150) percent by trees with a total caliper width of twelve (12) inches. This total
caliper width could be satisfied by one (1) twelve (12) inch caliper replacement tree, or two (2) six (6)
inch caliper width replacement trees, or any other combination providing a total caliper width of twelve
(12) inches using a minimum width of three (3) inches.
B. Should a transplanted tree die, it shall be removed and replacement trees shall be planted at a rate of one
hundred (100) percent of the caliper inches of the transplanted tree(s).
C. If any Replacement Tree cannot be properly located on the property being developed or redeveloped, the
applicant may plant these Replacement Tree(s) on property owned by the Town and/or common open
space and/or pay a fee, as approved by the Director of Planning, or his/her designee. The cash value of
Replacement Trees will be set by the Director of Planning, or his/her designee, annually.
D. The person(s) or entity responsible for the developing and or redeveloping property that causes or results in
the removal of existing Tree(s) in proposed driveways, right turn lanes, and/or in proposed median
openings, shall plant Replacement Tree(s) at a rate of one hundred (100) percent of the total diameter of the
Tree(s) being removed. The Replacement Tree(s) will be planted on public property according to a written
plan approved by the Director of Planning or his/her designee.
REPLACEMENT REQUIREMENTS
A. Removal of Protected Trees- Protected Trees shall be replaced by planting trees on the property equal to
the total caliper inches as calculated using the following replacement rate:
Within the flood plain
Size of Protected Tree*
Less than 6"
611-1211
121'° - 20"
20" or greater
Less than 8"
An area 300' outside the 18" —12"
Percentageru„
Repiace
(�Pl ment Trees"
0
150
200
300
0
100
flood plain line 12,1"' - 20" 150
20" or greater 300
Stand v do trees
es 8"
f Oo ,eater 100
ndini al trees , 2 reate ,,,,
rar
or q r 300
All existing tree measurements are in caliper Inches as measured four and one-half
(4)
ha '/2 feet above the
natural ground level.
** All replacement tree measurements are in caliper inches as measured twelve (12) inches above natural
ground level.
B. Transplanted Trees- Protected Trees on a property may be transplanted to another location on the same
property without being subject to the above replacement rates.
TRANSPLANTING PROTECTED TREES:
No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move from one location to another
any Protected Tree within the Town without first obtaining a Tree Permit as provided in Chapter 4, Section 3.3.
All Transplanting shall be in accordance with the applicable Texas Association of Nurserymen Grades and
Standards shall satisfy the Tree replanting requirements of this Section.
TREE PROTECTION MEASURES:
All Protected Tree(s) shall be protected by the owner as follows, unless otherwise directed by the Director of
Planning or his/her designee:
4-3-3
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 - TREE MITIGATION
A. Before Development or Redevelopment the owner shall install a four (4) foot plastic fencing or where
approved, silt fencing around the drip line of the Protected Tree(s).
B. Before Development or Redevelopment the owner shall establish and maintain a -construction entrance that
avoids Protected Trees.
C. Cleaning equipment or materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., is prohibited under the canopy or drip line of any
Protected Tree.
D. Attachments or wires are prohibited from being attached to any Protected Tree. Cables, tree rods, and
similar hardware installation that aid structural integrity of a Protected Tree are exempt from this section as
approved in writing by the Director of Planning or his/her designee.
E. Fill or excavation may not occur within the canopy or drip line of a Protected Tree. Major changes of grade
(i.e. three [31 inches or greater) within the canopy or drip line will require additional measures to maintain
proper oxygen and water exchange with the roots.
F. Unless otherwise approved in writing by the Town, construction or construction related activity is prohibited
under the canopy or drip line of Protected Trees.
G. Any trees removed shall be chipped and used for mulch on site or hauled off-site. Burning of removed trees,
stumps, or foliage requires written approval by the Fire Department.
H. Root pruning will be required when disturbance will occur under the drip line of protected Trees. This root
pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the drip line.
I. All tree maintenance techniques shall be in conformance with industry identified standards. Alternative
maintenance techniques may be approved by the Town.
J. No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely
lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or
other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the
death of a tree.
3.9 TREE SURVEY AND PRESERVATION PLAN
A. Preliminary Plat and Preliminary Site Plans: A general survey identifying natural vegetation, trees, and
anticipated tree losses shall be submitted with all preliminary plats for residential developments and all
preliminary site plans for non-residential and multi -family developments within the Protected Area. The
general tree survey can be included on the preliminary plat or preliminary site plan. The general survey shall
include:
1. existing topography at five (5) foot intervals;
2. vegetation groups;
3. development plans;
4. specific trees that are twenty (20) inches and larger; and
5. photographic information is to accompany submission with sufficient data to convey which Trees are to
remain as they correspond to the general survey.
B. Final Site Plans and Final Plats: A detailed tree survey and tree preservation plan shall be submitted with all
site plans and final plats. The detailed tree survey and tree preservation plan shall include the following:
1. The location, diameter, height, and common name of all single -trunk trees of eight (8) inches diameter
or greater, measured at four and one half (4%) feet above natural grade level, and at least twelve (12)
feet high; and all multi -trunk trees having a total caliper width of eight (8) inches, measured by
combining the diameter of the largest stem or branch with one-half ('/2) the diameter of each additional
4-3-4
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 - TREE MITIGATION
stem or branch, all measured at four and one half (4'/2) feet above natural grade level, and at least
twelve (12) feet high.
2. The location of the trunk and drip line, diameter, height, estimated age (not to be determined using
invasive measures which might damage the tree), a reproducible color photograph, and common name
of the Protected Trees proposed to be removed or transplanted,
3. Provide existing natural grade elevation and proposed final grade elevation at each location for each
Protected Tree for which a Tree Permit is requested.
4. The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, and utility
easements.
5. The location of all existing or proposed property lines, lot lines, building lines, setback and yard
requirements, any proposed building footprint orfloor plan, and other special relationships orsignificant
features on the proposed development plans, final plat and site plan of the development.
6. Existing and proposed site elevations, grades and major contours including a table listing all Protected
Trees and their respective locations.
7. The information required herein shall be summarized in legend or table form on the tree survey and
note the reason for removal or transplanting of the Protected Tree(s).
8. The survey shall bear the stamp or seal of a registered surveyor relative to the location of any
Protected Trees and shall bear the stamp, seal, or signature of a registered landscape architect,
certified arborist, or arboriculturist relative to the specie(s) of any Protected Tree.
9. A detail tree survey shall be prepared by or under the supervision of a landscape architect, certified
arborist, or certified forester. The following shall be on the tree survey:
`I being a landscape architect or arborist attest that the identification and
size of trees identified on this survey are correct and that all Protected Trees have been shown.
Signature: Date:
10. A detailed survey is only required for areas that are intended to be disturbed by the proposed
development/redevelopment. A boundary of the area to be included in a detailed survey will be
established with the approval of the general survey that is submitted with the preliminary plat or
preliminary site plan.
C, Field verification: Prior to written approval of the detailed tree survey and tree preservation plan, the
applicant shall mark all trees to be preserved and notify (in writing) the Director of Planning or his/her
designee of the marking. The Director of Planning or his/her designee shall inspect and verify the markings
within seven (7) working days of his/her receipt of applicants' notification. If the Director of Planning, or
his/her designee, has not contacted the land owner within ten (10) working days from the date of
notification, the detailed tree survey and tree preservation plan submitted by the applicant is deemed
approved.
D. Preparation: Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and
protective fencing and standard erosion control measures (i.e. silt fence) must be installed by the owner and
be inspected by the Director of Planning or his/her designee. Approved silt fence may serve as protective
fencing and must remain in place until the Town accepts the project. A stop work order will be issued at any
time if Tree preservation requirements are not being met.
E, Final Inspections: The owner shall notify the Director of Planning or his/her designee for an inspection ten
(10) working days prior to receiving a Certificate of Occupancy. Any deficiencies or dead trees shall be
replaced prior to receiving the Certificate of Occupancy.
4-3-5
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 3 - TREE MITIGATION
3.10 PENALTIES FOR VIOLATION:
A. Any person(s) or entity causing the transplanting or removing of a tree without first obtaining an approved
Tree Permit is in violation of this Ordinance.
B. Each tree removed or transplanted without a permit shall constitute a separate offence. Violation of this
Ordinance shall not constitute an exemption to the replacement requirements contained herein.
4-3-6
SECTION 4
PARKING AND LOADING
4.1 PURPOSE
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
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, DTR, 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, DTR, 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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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
F. All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping
device installed so as to prevent parking of motor vehicles in any required landscaped areas, and to prevent
any parked vehicle from overhanging a public right-of-way line, or public sidewalk. Parking shall not be
permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-
site. No public right-of-way shall be used for backing or maneuvering into a parking space.
G. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading
space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and shall
be screened according to Chapter 4, Section 5 of this Ordinance.
H. Handicap parking space(s) shall be provided according to State of Texas Program for the Elimination of
Architectural Barriers and shall conform to the Americans Disability Act (ADA) of 1991, as may be amended,
accessibility guidelines or the Uniform Federal Accessibility Standards.
4.4 PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS
A. In the approval of a development plan, consideration shall be given to providing entrance/exit drives which
extend into the site to provide adequate queuing of vehicles on the site.
B. In all Districts (except all SF and 2F Districts) building plans shall provide for entrance/exit drive(s)
appropriately designed and located to minimize traffic congestion or conflict within the site and with
adjoining public streets as approved by the Building Official or designated representative.
1. Where based upon analysis by the Town, projected volumes of traffic entering or leaving the planned
developments are likely to interfere with the projected peak traffic flow volumes on adjoining streets,
additional right-of-way and paving in the form of a deceleration lane or turn lane may be required to be
furnished by the land owner in order to reduce such interference.
2. The determination of additional right-of-way or paving requirements shall be made at the submittal and
approval of a preliminary site plan for multifamily and non-residential developments and preliminary plat
for all other residential developments.
C. Vehicular access to non-residential uses shall not be permitted from alleys serving residential.
4.5 PARKING REQUIREMENTS BASED ON USE
In all Zoning Districts, at the time any building or structure is erected or structurally altered, parking spaces shall
be provided in accordance with the following requirements:
• Auto laundry or car wash (self serve): One (1) space per five hundred (500) square feet of gross floor
area.
• Automobile Oil Change and Similar Establishments: One (1) parking space per service bay plus one (1)
parking space per maximum number of employees on a shift.
• Bank, Savings and Loan, or similar institution: One (1) space per three hundred and fifty (350) square
feet of gross floor area.
• Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal
residential use.
• Bowling alley: Three (3) parking spaces for each alley or lane.
• Business or professional office (general): One (1) space per three hundred and fifty (350) square feet of
gross floor area except as otherwise specified herein.
• Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main
auditorium.
• College or University: One (1) space per each day student.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
• Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one (1) additional
space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
If an auditorium is included as a part of the building, its floor area shall be deducted from the total and
additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
• Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity.
• Country Club or Golf Club: One (1) parking space for each one hundred fifty (150) square feet of floor
area or for every five (5) members, whichever is greater.
• Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each two
hundred (200) square feet of floor area thereof.
• Dwellings, Single Family and Duplex: Two (2) covered spaces, located behind the front building line, and
two (2) maneuvering spaces for each unit.
• Dwellings, Multifamily: Two (2) spaces for one (1) and two (2) bedroom units, plus one half (0.5) additional
space for each additional bedroom.
• Flea Market: One (1) space for each five hundred (500) square feet of site area.
• Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and one and
one-half (1'/z) spaces for each two beds in off campus projects.
• Furniture or Appliance Store, Hardware Store, Wholesale Establishments, Machinery or Equipment
Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional
parking space for each three hundred (300) square feet of floor area over one thousand (1,000).
• Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided for
waiting, stacking, and maneuvering automobiles for refueling.
• Golf Course: Five (5) parking spaces per hole.
• Health Studio or Club: One (1) parking space per two hundred (200) square feet of exercise area.
• Hospital: One (1) space per employee on the largest shift, plus one and one-half (1 %) spaces per each
bed or examination room whichever is applicable.
• Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred
(200) square feet of commercial floor area contained therein,
• Kindergartens, day schools, and similar child training and care establishments shall provide one (1)
paved off-street loading and unloading space for an automobile on a through "circular" drive for each ten
(10) students, or one (1) space per ten (10) students, plus one (1) space per teacher.
• Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet, over
one thousand (1,000) square feet.
• Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.
• Manufacturing or Industrial Establishment, Research or Testing Laboratory, Creamery, Bottling
Plant, Warehouse, Printing or Plumbing Shop, or Similar Establishment: One (1) parking space for
each employee on the maximum working shift plus space to accommodate all trucks and other vehicles
used in connection therewith, but not less than one (1) parking space foreach one thousand (1,000) square
feet of floor area.
• Medical or Dental Office: One (1) space per two hundred and fifty (250) square feet of floor area.
Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals.
0 Mini -Warehouse: Four (4) spaces per complex plus (1) one additional space per three hundred (300)
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
square feet of rental office.
• Mobile Home Park: Two (2) spaces for each mobile home plus additional spaces as required herein for
accessory uses.
• Mortuary or Funeral Home: One (1) parking space for each fifty (50) square feet of floor space in slumber
rooms, parlors or individual funeral service rooms.
• Motel: One (1) parking space for each sleeping room or suite plus one (1) additional space for each two
hundred (200) square feet of commercial floor area contained therein.
• Motor Vehicle Repair and Service: Three (3) parking spaces per service bay plus one (1) parking space
per maximum number of employees on a shift.
• Motor -Vehicle Salesroom and Used Car Lots: One (1) parking space for each five hundred (500) square
feet of the structure. These required spaces may not be used to store or display automobiles for sale.
• Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000)
square feet of lot area for outdoor uses.
• Private Club or Restaurant with a Private Club: One (1) parking space for each seventy five (75) square
feet of gross floor area.
• Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1)
space per two hundred and fifty (250) square feet of gross floor area.
• Restaurant, Cafe or Similar Dining Establishment: One (1) parking space for each seventy five (75)
square feet of gross floor area for stand alone buildings without a drive-through, and One (1) parking space
for each one hundred (100) square feet of gross floor area for restaurants located within a multi -tenant
building and for stand alone buildings with a drive-through.
• Rooming or Boarding House: One (1) parking space for each sleeping room.
• Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for
each five (5) beds.
• School, Elementary, Secondary, or Middle: One and one half (1.5) parking spaces perclassroom, orthe
requirements for public assembly areas contained herein, whichever is greater.
• School, High School: One and one half (1.5) parking spaces per classroom plus one (1) space perfive (5)
students the school is designed to accommodate, or the requirements for public assembly areas contained
herein, whichever is greater.
• Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking space for
each four (4) seats or bench seating spaces.
• Truck stops: One (1) truck parking space for each ten thousand (10,000) square feet of site area, plus one
(1) vehicle parking space per two hundred (200) square feet of building area.
• Warehouse, Wholesale, Mini, Manufacturing and Other Industrial Type Uses: One (1) space per one
thousand (1,000) square feet of gross floor area, or one (1) space per maximum number of employees on a
shift, whichever is less.
4.6 RULES FOR COMPUTING NUMBER OF PARKING SPACES
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
A. "Floor Area" shall mean the gross floor area of the specific use.
B. Where fractional spaces result, the parking spaces required shall be constructed to be the next whole
number.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
C. The parking space requirements for a use not specifically mentioned herein shall be the same as required
for a use of similar nature, as determined by the Director of Planning.
D. Whenever a building or use constructed or established after the effective date of this Ordinance is changed
or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to
create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such
spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing
prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area
or in the area used, said building or use shall then and thereafter comply with the parking requirements set
forth herein.
E. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the
various uses computed separately. Up to fifty (50) percent of the parking spaces required for a theater or
other place of evening entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by
banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically
approved by the Planning & Zoning Commission. Shared parking must be on the same site. Such approval
may be rescinded by the Planning & Zoning Commission and additional parking shall be obtained by the
owners in the event that the Planning & Zoning Commission determines that such joint use is resulting in a
public nuisance by providing an inadequate number of parking spaces or otherwise adversely affecting the
public health, safety, or welfare. A decision by the Planning & Zoning Commission to rescind a shared
parking approval may be appealed to the Town Council (see appeal procedure in Chapter 4, Section
1.6(B)(7) of this Ordinance).
4.7 LOCATION OF PARKING SPACES
All parking spaces required herein shall be located on the same lot with the building or use served, except as
follows:
A. Where an increase in the number of spaces is required by a change or enlargement of use or where such
spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required
spaces may be located not to exceed three hundred (300) feet from an institutional building served and not
to exceed six hundred (600) feet from any other non-residential building served.
B. In any case where the required parking spaces are not located on the same lot with the building or use
served, or where such spaces are collectively or jointly provided and used, a written agreement thereby
assuring their retention for such purpose, shall be properly drawn and executed by the parties concerned,
approved as to form by the Town Attorney and shall be filed with the application for a site plan, building
permit or Certificate of Occupancy (CO); whichever occurs first.
C. Required parking in the DTO and DTC Districts may be reduced by fifty (50) percent of the current parking
requirements as they exist or may be amended. If it is determined that due to existing site constraints, the
requirements of this Ordinance cannot be met, the Director of Planning may approve the use of parallel or
head -in parking located within the street right-of-way, if sufficient right-of-way exists, to satisfy parking
requirements.
4.8 USE OF REQUIRED PARKING SPACES IN NON-RESIDENTIAL DISTRICTS
Required parking and loading spaces shall be used onlyforthese respective purposes and notfor the storage or
permanent display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale.
4.9 LOADING SPACE REQUIREMENTS
A. All non-residential uses having five thousand (5,000) square feet or more of gross floor area shall provide
and maintain an area for the loading and unloading of merchandise and goods, in accordance with the
following requirements:
1. All retail, commercial and industrial uses shall have at least one (1) space per fifty thousand (50,000)
square feet of gross floor area, up to one hundred thousand (100,000) square feet and one (1) space
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 4 - PARKING AND LOADING
for each additional one hundred thousand (100,000) square feet of gross floor area or fraction thereof.
2. All hotels, office buildings, restaurants and similar establishments shall have at least one (1) space per
one hundred fifty thousand (150,000) square feet of gross floor area up to three hundred thousand
(300,000) square feet of gross floor area or fraction thereof.
3. A loading space shall consist of an area of a minimum of twelve (12) feet wide and thirty (30) feet long.
4. All drives and approaches shall provide adequate space and clearances to allowfor the maneuvering of
trucks. Each site shall provide a designated maneuvering area for trucks. (See Chapter 5, Section 2.3,
Illustration H)
Stacking spaces provide the ability for vehicles to queue on site prior to receiving a service. A stacking
space shall be a minimum of nine (9) feet wide and twenty (20) feet long and shall not be located within or
interfere with any other circulation driveway, parking space, or maneuvering aisle. Stacking spaces shall be
provided behind the vehicle bay door, middle of the service window, or middle of the service island,
whichever is applicable. In all Zoning Districts, at the time any building or structure is erected or altered,
stacking spaces shall be provided in the number and manner set forth in the following list of property uses:
• Automated Teller Machine (ATM): Three (3) stacking spaces.
• Automobile Oil Change and Similar Establishments: Three (3) stacking spaces per bay.
• Car Wash (Full Service): Six (6) stacking spaces per bay.
• Car Wash (Self Service - Automated): Three (3) stacking spaces per bay.
• Car Wash (Self Service - Open Bay): Two (2) stacking spaces per bay.
• Car Wash (Self Service - Drying Areas and Vacuum Islands): Two (2) stacking spaces per drying
area and/or vacuum island.
• Dry Cleaning, Pharmacy, or Other Retail Establishments with a Drive-thru: Three (3) stacking
spaces for first service window.
• Financial Institution: Five (5) stacking spaces per window or service lane.
• Kiosk (with Food Service): Five (5) stacking spaces for first window, order board, or other stopping
point.
• Kiosk (without Food Service): Two (2) stacking spaces for first window, order board, or other
stopping point.
• Restaurant with Drive-thru: Five (5) stacking spaces for first window, order board, or other stopping
point.
A single stacking space shall be provided after the final window, order board, or stopping point to allow
vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or
maneuvering aisle. Buildings and other structures shall be setback a minimum of ten (10) feet from the
back of the curb of the intersecting driveway or maneuvering aisle to provide adequate visibility and to allow
vehicles to safely exit drive-thru lanes and escape lanes prior to merging into intersecting driveways or
maneuvering aisles.
An escape lane shall be provided for any use containing a drive-thru facility. An escape lane shall be nine
(9) feet wide and shall provide access around the drive-thru facility. An escape lane may be part of a
circulation aisle.
Owl
SECTION 5
SCREENING FENCES AND WALLS
5.1 PURPOSE
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 5 - SCREENING FENCES AND WALLS
Standards set forth in this Section are intended to encourage the appropriate use of land and conserve and
protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type
of various screening devices to be used when required in the various zoning districts or in this Section in
accordance with the following standards,
5.2 LOCATION OF REQUIRED SCREENING
A. When a boundary of a multifamily, institutional, or non-residential Use sides or backs to a property that is
zoned or designated on the Future Land Use Plan for residential (non -multifamily) uses, or when any
institutional or non-residential Use sides or backs to a MF District, a solid screening wall orfence of not less
than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these
uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties.
The owner of such property of the lesser restrictive use shall be responsible for and shall build the required
wall or fence on his property line dividing his property from the more restrictive zoning district. In cases
where the Planning & Zoning Commission finds this requirement to be better met by an irrigated living
screen, the same may be substituted for the screening wall after a landscape plan has been prepared to
demonstrate equal visual screening.
A screening wall or fence required under the provisions of this section, under a Specific Use Permit, a
Planned Development District, or other requirement shall be constructed of clay -fired brick masonry units or
other suitable permanent materials which do not contain openings constituting more than forty (40) square
inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall
constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and
screening characteristics to the wall or fence, Concrete masonry units, poured in place concrete, tilt -up
concrete, or concrete panels may be used upon approval by the Planning & Zoning Commission.
B. All required screening walls shall be equally finished on both sides of the wall.
C. All loading and service areas shall be screened from view from adjacent public streets and adjacent
property that is zoned or designated on the Future Land Use Plan for residential uses. Screening shall be
by walls with complimentary landscaping that is compatible with the project design.
1. Screening walls shall be fourteen (14) feet tall with one row of perimeter evergreen trees adjacent to
the loading area.
2. A screening wall is not required if a double row of perimeter evergreen trees is provided on offset fifty
(50) foot centers within a fifteen (15) foot landscape edge. Fifty (50) percent of the trees shall be
canopy evergreen trees.
D. Open storage of materials, commodities, or equipment permitted in the C, CC, or I Districts, shall comply
with the following requirements:
1. Located behind the front building line
2. Observe all yard requirements
3. A six (6) foot high screening fence shall be provided
4. Standards shall not apply to new and used automobile dealers and similar facilities requiring outdoor
display of vehicles or equipment for sale
E. In all districts where screening of open storage is required, such screening shall be required only for those
areas used for open storage. A six (6) foot high fence shall be provided and maintained at the property line
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 5 - SCREENING FENCES AND WALLS
adjacent to the area to be screened. Screening of open storage areas may be of materials other than
masonry as approved by the Planning & Zoning Commission.
F. Trash and recycling collection areas shall be located to minimize visibility. Trash and recycling receptacles
shall be screened with a six (6) foot clay fired brick or stone wall of a color that is consistent with the color of
the primary building. Trash compactors shall be screened with an eight (8) foot clay fired brick orstonewall
of a color that is consistent with the color of the primary building, Screening enclosures shall be visually and
aesthetically compatible with the overall project. Collection area enclosures shall contain permanent walls
on three (3) sides with the service opening not directly facing any public right-of-way or any residentially
zoned property. The fourth (41h) side will incorporate a metal gate of a height equal to the height of the wall
to visually screen the dumpster or compactor,
G. Where any alley intersects with a street, no fence or plant taller than two and one-half (2'/z) feet may be
placed within a sight visibility triangle defined by measuring five (5) feet down the alley right-of-way line and
measuring fifteen (15) feet down the street right-of-way line, then joining said points to form the hypotenuse
of the triangle.
H. In any residential Zoning District, or along the common boundary between any residential and non-
residential district where a wall, fence, or screening separation is provided, the following standards for
height, location, and design shall be observed:
1. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight (8)
feet in height above the grade of the adjacent property. Where a fence intersects a screening wall and
the height of the fence exceeds the height of the screening wall, the height of the fence shall transition
to the height of the screening wall over a distance of twenty (20) feet.
2. The maximum height of a fence or wall in a required front yard of a single family or duplex shall not
exceed four (4) feet. Combinations of berms and fences shall not exceed four (4) feet in height.
Ornamental metal fencing that is attached to required screening walls as defined in Subdivision
Ordinance No. 03-05, as it currently exists or may be amended, may be constructed up to eight (8) feet
in height in the front yard of cul-de-sac lots for only the side of the lot that is adjacent to a street with a
right-of-way width of sixty (60) feet or greater. The height of this fence shall not exceed the height of
the adjacent required screening wall.
3. The maximum height of a fence in a required front yard of a single family lot that is one (1) acre or
larger may exceed the four (4) foot height limit established above, provided that said fence shall not
exceed eight (8) feet in height and shall be constructed of wrought iron or decorative tubular steel.
I. Screening shall be required between residential lots and adjacent right-of-ways as required by Subdivision
Ordinance No. 03-05, as it currently exists or may be amended.
J. All mechanical equipment shall be screened from view at a point six (6) feet above ground level at the
property line. If a parapet does not accomplish this screening, a screening wall equal to the height of the
equipment shall be provided. Buildings adjacent to single family zoned property or property that is
designated as single family on the Future Land Use Plan shall provide a screening wall equal to the height
of the equipment on all sides that face the residential property.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 6 - OUTDOOR LIGHTING
SECTION 6
OUTDOOR LIGHTING
6.1 PURPOSE
The purpose of this Section is to:
• Reduce the problems created by improperly designed and installed outdoor lighting.
• Eliminate problems of glare on operators of motor vehicles, pedestrians and land uses.
• Minimize light trespass.
• Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area
that certain kinds of outdoor lighting fixtures can illuminate.
Preserve the night sky as a natural resource and thus people's enjoyment of looking at the sky and stars.
6.2 GENERAL REQUIREMENTS
A. The following standards shall apply to all exterior lighting except public street lighting and other lighting that
is specifically exempted by this Section.
1. Light sources or luminaries are prohibited in buffer areas and within required setback yard areas except
on pedestrian walkways and hike and bike trails.
2. Light for outdoor advertising shall be designed to function as Full Cutoff Type of Luminary(s). Lighting
intended for outdoor advertising shall be directed downward. The temporary use of lasers and
spotlights that project light into the sky maybe allowed subject to the restrictions of temporary outdoor
lighting in Section 6.3 below.
3. All luminaries located on non-residential use properties shall be designed so that the light source (bulb
or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line
abutting a protected residential property. In all other instances, the light source must be completely
shielded from direct view of at a point five (5) feet above grade on the lot line.
4. All luminaries located on private property shall be designed or positioned so that the maximum
illumination at the property line next to protected residential property shall not exceed one-quarter (1/4)
foot-candle and shall not exceed one-half (1/2) foot-candle adjacent to a street right-of-way.
5. All luminaries and light sources subject to this Section shall be maintained and kept in good working
order.
6. Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities
shall not illuminate abutting properties and the luminaries shall be designed so that the light source
(bulb or lamp) is completely shielded from direct view at a point five (5) feet above the grade on the lot
line.
7. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard areas
within thirty (30) feet of the building. No wall or roof lighting shall be used to illuminate areas for motor
vehicle parking or access unless the Building Official finds the following:
(i) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or
create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or
pedestrian traffic.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 6 - OUTDOOR LIGHTING
Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding
luminaries. Freestanding luminaries are permitted to be a maximum of thirty (30) feet in height. When
a luminary is located within one hundred (100) feet of protected residential property, the maximum
permitted luminaries height shall be twenty (20) feet. All luminaries must have a total cutoff angle equal
to or less than ninety (90) degrees. The use of exterior lighting with a cutoff angle greater than ninety
(90) degrees shall be permitted only when the Building Official find the following:
(i) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or
create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for vehicular or
pedestrian traffic.
9. Externally illuminated signs, advertising displays, billboards, building identification, and monument
signs shall use top mounted light fixtures which shine light downward and which are fully shielded
or upward with pin -pointed light which are fully shielded.
10. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole,
pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to
the object of interest and minimize spill -light and glare.
11. Building facades and architectural features of buildings may be floodlighted when the following
conditions are met:
(i) floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light
distribution to the fagade or feature being illuminated;
(ii) the configuration of the floodlight installation shall block all view to the floodlight fixture's lamp from
adjacent properties; and
(iii) the maximum luminance of any floodlighted surface does not exceed the foot-candles specified in
the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces.
6.3 TEMPORARY OUTDOOR LIGHTING
A. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed.
Nonconforming temporary outdoor lighting may be permitted by the Planning & Zoning Commission after
considering:
1. the nature of the exemption;
2. the public and/or private benefits that would result from the temporary lighting;
3. placement and height of outdoor light fixtures;
4. type of outdoor light fixture to be used, including total lumen output and character of shielding, if any;
5. any annoyance or safety problems that may result from the use of the temporary lighting;
6. the duration of the temporary nonconforming lighting and time that lights will be operating; and
7. such other data and information as may be required by the Building Official and/or Planning & Zoning
Commission to clarify the request.
B. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the
Building Inspections Department who shall prepare and forward a report to the Planning & Zoning
Commission for its consideration.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 6 - OUTDOOR LIGHTING
6.4 ILLUMINATION LEVELS
The illumination levels contained in the Illuminating Engineering Society of North America Lighting Handbook, as
amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The
Planning & Zoning Commission may require conformance with the illumination levels contained in the Lighting
Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private
and/or public development project.
6.5 METHOD OF MEASUREMENT
The light measuring meter shall have a color and cosine -corrected sensor with multiple scales and shall read
within an accuracy of plus or minus five (5) percent. It should have been tested, calibrated, and certified by an
independent commercial photometric laboratory or the manufacturer within one (1) year of its use.
Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an
approximate height of three (3) feet above grade. Maximum illumination readings are to be taken directly
beneath the luminaries. Readings should be taken after a cumulative initial lamp burn for a period of at least two
hundred (200) hours.
6.6 EXTERIOR LIGHTING PLAN
A. A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a
use of greater intensity than a single family detached or duplex dwelling. The lighting plan shall be
submitted to the Building Inspections Department. The submission shall contain, but not be limited to the
following:
1. plans indicating the location of the exterior lighting on the premises, and the type of illuminating
devices, fixtures, lamps, supports, reflectors, and other devices;
2. description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the
description may include, but is not limited to, catalog cuts by manufacturers and drawings (including
sections where required) and height of the luminaries; and
3. photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished
by manufacturers, showing the angle of cut off or light emissions.
B. A certified engineer, architect, landscape architect, or lighting engineer or designer shall prepare the plan.
The plan shall also contain a certification by the property owner or agent and the preparer of the plan that
the exterior lighting depicted on the plan complies with the requirements of this Ordinance after installation.
Once the plan is approved by Building Inspections, the exterior lighting of the property shall conform to the
approved plan.
C. Additional Submission
The above required plans, descriptions and data shall be sufficiently complete to enable the reviewer to
readily determine whether compliance with the requirements of this Section will be secured. If such plans,
descriptions and data cannot enable this ready determination, by reason of the nature or configuration or the
devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to
enable such determination such certified reports of tests as will do so provided that these tests shall have
been performed and certified by a recognized testing laboratory.
Before issuance of a Certificate of Occupancy, the applicant or his/her designee shall submit to Building
Inspections a photometric plan, stamped by a certified testing laboratory or engineering firm that the
installed lighting is in compliance with this Section.
D. Lamp or Fixture Substitution
Should any outdoor light fixture or the type of light source therein be changed after the issuance of the
building permit and/or Certificate of Occupancy, a change request with adequate information, as required in
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 6 - OUTDOOR LIGHTING
Section 6.6(A) above, to assure compliance with this Section must be submitted to the Building Official for
review and approval prior to the substitution.
6.7 PROHIBITED
The following are prohibited by this Section:
A. "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors which house other than
incandescent light sources.
B. Flickering or flashing lights.
C. Exposed neon lighting, except for open/closed signs hanging inside a buildings door or window.
6.8 EXEMPTIONS
The following are exempt from the standards contained in this Ordinance:
A. Decorative seasonal lighting. The decorative seasonal lights shall be removed within a reasonable time
after any given reason. The Building Official will determine what the "reasonable time" should be.
B. Lighting for single family detached or duplex dwellings, provided that:
1. the lamps have a power rating of less than or equal to seventy-five (75) watts;
2. a cutoff component is incorporated in the design of the luminaries;
3. the lighting level at the property line shall not exceed the maximum level specified within this Section;
and
4. The maximum lighting level at the property line maybe exceeded in cases where the lamp is turned on
and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes.
C. Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from
the shielding requirement.
D. Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all
vehicular luminaries.
E. Hazard warning luminaries, which are required by federal and state regulatory agencies.
F. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to,
strings of lights and lanterns. The party lights shall be removed within a reasonable time after any given
reason. The Building Official will determine what the "reasonable time" should be.
G. Because of their unique requirement for nighttime visibility and their limited hours of operations, public and
commercial ball diamonds, playing fields, and tennis courts are exempted from the general standards of this
section. Private ball diamonds, playing fields, and tennis courts on a Single Family lot built as an accessory
use to the home on that lot are subject to the requirements of this Section. Lighting for these public and
commercial outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto
protected residential properties. The maximum permitted illumination at the property line shall not exceed
two (2) foot-candles.
H. Town Council may vary from these requirements as part of the approval of public street or sidewalk projects.
6.9 NONCONFORMING LUMINARIES
A. Exterior lighting luminaries in existence on the effective date of this Ordinance shall be considered
nonconforming. Such fixtures may be repaired, maintained and replaced. However, the nonconforming
lighting luminaries shall be replaced to comply with this Section when the property is redeveloped.
B. Exterior lighting luminaries existing on the effective date of this Ordinance which are located on private non -
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 6 - OUTDOOR LIGHTING
residentially used property and are found to direct light or glare to protected residential properties may be
declared a public nuisance if the level of illumination on protected residential property, which is caused by
the luminaries, is greater than one-quarter ('/4) foot-candle. Such fixtures shall be altered to reduce the level
of illumination in the protected residential property to a one-quarter ('/4) foot-candle within two (2) months of
receiving a written notice of the violation from the Town. Two (2) foot candles are allowed for public and
commercial ball diamonds, playing fields and tennis courts.
6.10 ENFORCEMENT
The Building Official, or his/her designee, is hereby empowered and directed to administer and enforce the
provisions of this Section relating to outdoor light control.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 7 - ACCESSORY BUILDINGS AND USES
SECTION 7
ACCESSORY BUILDINGS AND USES
7.1 In a residential Zoning District, an accessory building is a subordinate or incidental building, attached to or
detached from the main building without separate kitchen facilities, not used for commercial purposes and not
rented. A Garage Apartment and a Guest House may include kitchen facilities, but shall not be used for
commercial purposes and shall not be rented.
7.2 In other Zoning Districts, an accessory building is a subordinate building, the use of which is incidental to and
used only in conjunction with the main building.
7.3 A Guest House shall permitted in the A through DTR Districts as an incidental residential use of a building on the
same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family and
shall meet the following standards:
A. The Guest House must be constructed to the rear of the main dwelling, separate from the main dwelling. A
lot must have a minimum of one-half ('/z) acre for a Guest House to be permitted.
B. The Guest House may be constructed only upon issuance of a Building Permit.
A. The Guest House may not be sold separately from sale of the entire property, including the main dwelling
unit, and shall not be sub -let.
D. Setback requirements shall be the same as for the main structure,
7.4 AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND MULTIFAMILY DISTRICTS
A. Accessory building yard requirements in the MF District shall be the same as the main building unless
approved by the Planning & Zoning Commission on a preliminary site plan forthe multifamily development.
Accessory building yard requirements for all other residential Zoning Districts shall be as set forth below in
Section 7.4(B).
B. Size of Yards:
1. Front Yard: Detached front accessory buildings shall have a front yard not less than the main building
or as specified in the particular Zoning District.
2. Side Yard: There shall be a side yard not less than three (3) feet from any side lot line, or alley line for
any accessory building provided that such building is separated from the main building by a minimum
distance of ten (10) feet. In the case of an accessory building being closer than ten (10) feet to the
main building, the minimum side yard requirements for the main building shall be observed. Accessory
buildings adjacent to a side street shall have a side yard not less than fifteen (15) feet. Garages
located and arranged so as to be entered from the side yard shall have a minimum distance of twenty
(20) feet from the side lot line, alley line, or easement line. Carports or garages arranged to be entered
from the side yard, facing a public street, shall have a minimum distance equal to the required front
yard for the main building.
3. Rear Yard: There shall be a rear yard not less than three (3) feet from any lot line or alley line, or
easement line, except that;
a. If no alley exists, the rear yard shall be not less than ten (10) feet as measured from the rear lot
line;
b. Carports, garages, or other accessory buildings, located within the rear portion of a lot as
heretofore described, constructed closer than ten (10) feet to the main building, shall have a rear
yard equivalent to the rear yard requirement for the main building;
c. Accessory buildings constructed ten (10) feet or more from the main building shall have a rear yard
of three (3) feet. If an alley exists, accessory buildings may be located within three (3) feet of a
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 7 -ACCESSORY BUILDINGS AND USES
rear lot line if the height of the building is no greater than eight (8) feet and a solid fence or wall of
the same height shall be built on the rear lot line to screen the building from property located to the
rear;
d. Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement
shall be set back from the rear yard or alley easement line a minimum distance of twenty (20) feet.
7.5 ACCESSORY BUILDINGS IN MH DISTRICT
In the MH District, no carport, garage, storage building, office, or caretaker's dwelling, laundry house, or other
permitted structure may be located nearer than ten (10) feet to any side or rear property line. Such structures
shall also be subject to front yard requirements above,
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 fifty (150) square feet shall be subject to the same exterior construction material(s)
requirements as the main building or structure,
B. Metal or wood may be used as an exterior construction material for an accessory building or structure of one
hundred and fifty (150) square feet or less in an SF or 2F District.
B. Cementatious fiber board may be used to fulfill masonry requirements for structures accessory to an
existing structure constructed entirely of wood or vinyl siding.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT
SECTION 8
NON-RESIDENTIAL DESIGN AND DEVELOPMENT
8.1 APPLICABILITY
The regulations provided in this Section shall apply to all office, retail, restaurant, and commercial uses. Where
the regulations of this Section conflict with other Sections of this Ordinance, the regulations of this Section shall
apply.
8.2 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES
A. Primary exterior materials shall conform to the requirements found in Chapter 4, Section 9.8 of this
Ordinance.
B. Secondary materials used on the fagade of a building are those that comprise less than ten (10) percent of
an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar
or similar quality decorative wood, stucco, EIFS, or other materials as approved by the Director of Planning
or his/her designee.
C. All buildings with a footprint of less than ten thousand (10,000) square feet shall incorporate a pitched,
gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a three (3) in twelve (12)
inch minimum slope. Wood shingles are prohibited.
D. All buildings with a footprint of ten thousand (10,000) square feet and greater shall incorporate sloped roof
elements including, but not limited to pitched roofs on towers or arcades, sloped awnings, or sloped
parapets. The sloped elements shall be provided along a minimum of sixty (60) percent of each wall's
length. All sloped roof elements shall have a three (3) in twelve (12) inch minimum slope. Wood shingles
are prohibited.
E. In the DTO and DTC Districts, an articulated parapet wall or cornice may be used in place of the sloped roof
as required in Section 8.2(C) and (D) above.
F. All buildings shall be designed to incorporate a form of architectural articulation every thirty (30) feet, both
horizontally along each wall's length and vertically along each wall's height. Acceptable articulation may
include the following:
• Canopies, awnings, or porticos;
• Recesses/projections;
• Arcades;
• Arches;
• Display windows, including a minimum sill height of thirty (30) inches;
• Architectural details (such as tile work and moldings) integrated into the building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting areas;
• Offsets, reveals or projecting rib used to express architectural or structural bays;
• Accent materials (minimum fifteen (15) percent of exterior facade);
• Varied roof heights; or
• Or other architectural features approved by the Director of Planning, or his/her designee.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT
G. In the DTO and DTC Districts, all windows shall include a minimum sill height of eighteen (18) inches.
H. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features
except the rear if two (2) rows of trees are planted on the perimeter behind the building. In this case, the
architectural finish must match the remainder of the building in color only. A double row of trees on offset
fifty (50) foot centers in a fifteen (15) foot landscape edge, where fifty (50) percent of the trees are canopy
evergreen trees. This is for facades that are not visible from public streets and apply to anchor buildings
and attached in line spaces only. This provision does not apply to "out" buildings or pad sites.
I. Windows shall have a maximum exterior visible reflectivity of twenty (20) percent, unless otherwise
approved by the Director of Planning or his/her designee. The intent of this provision is to prevent the safety
hazard of light reflecting from the windows on to adjacent roadways.
J. All retail/commercial buildings with facades greater than two hundred (200) feet in length shall incorporate
wall plane projections or recesses that are at least six (6) feet deep. Projections/recesses must be at least
twenty five (25) percent of the length of the facade. No uninterrupted length of facade may exceed one
hundred (100) feet in length. This requirement does not apply to building developed and occupied entirely
for office uses.
K. All buildings within a common development, as shown on a Concept Plan or Preliminary Site Plan, shall
have similar architectural styles, materials, and colors.
1. Conceptual facade plans and sample boards shall be submitted with the Preliminary Site Plan
application for all non-residential uses. The purpose of the conceptual facade plan is to ensure
consistency and compatibility for all buildings within a single development. Facade plans will be used
only to ensure minimum standards are met.
2. A final facade plan and sample boards shall be submitted with the Final Site Plan application for all
non-residential uses. Facade plans will be used only to ensure minimum standards are met.
L. All primary exterior materials shall be of natural texture and earth toned colors.
M. Corporate identities that conflict with the building design criteria shall be reviewed on a case-by-case basis
and approved by the Director of Planning or his/her designee. The applicant may appeal the decision to the
Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of
this Ordinance.
N. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building
or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint.
8.3 BIG BOX REQUIREMENTS
A. Big Box uses are permitted by right with appropriate zoning and within retail/commercial centers adjacent to
University Drive, Dallas Parkway, or Preston Road.
B. Big Box uses are permitted by Specific Use Permit (SUP) in other areas where zoning is appropriate.
8.4 PAD SITE REQUIRMENTS
A. A pad site is defined as a retail building of six thousand (6,000) square feet or less.
B. Pad sites at retail centers shall be limited to one (1) for every five (5) acres, or portion thereof, of the overall
development.
C. Additional pad sites will be permitted if one (1) two hundred and ten (210) foot long view corridor is provided
per one thousand (1,000) feet, or portion thereof, of street frontage for each street adjacent to the property.
A view corridor is defined as a separation between buildings along the street frontage. This view corridor is
encouraged to be located at or near a median opening.
D. Town Council can approve a variance to this requirement upon recommendation from the Planning &
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT
Zoning Commission.
8.5 CIRCULATION AND PARKING REQUIREMENTS
A. Parking aisles shall be designed as to be perpendicular to the front of the primary building in the
development.
B. Internal drive aisles shall be designed to incorporate ninety (90) degree intersections. A five (5) degree
variance is allowable.
C. All parking spaces for a building must be located within three hundred and fifty (350) feet of walking distance
from the building's public entrance. Big Box uses are excluded from this provision.
D. Parking spaces that face and are adjacent to a building shall utilize wheel stops and/or bollards.
E. Speed bumps are not permitted within a fire lane.
F. No more than ten (10) percent of the required parking can be located in the service/loading area of a
building except for buildings located on the street.
G. Drive aisles in front of buildings cannot be longer than three hundred (300) feet continuous without an offset
equal to the width of the drive aisle, traffic circle, or other acceptable traffic -calming feature approved by the
Director of Planning or his/her designee.
8.6 LANDSCAPING AND OPEN SPACE REQUIREMENTS
A. Required parking lot trees may be consolidated into groups under the following conditions:
1. The number of required trees is one (1) per ten (10) parking spaces.
2. Consolidated tree islands require one hundred and eighty (180) square feet per tree.
3. The maximum run of parking spaces is increased from fifteen (15) to thirty (30).
4. This consolidation does not include the tree islands at the end of a row of parking or along perimeter
parking rows that face a drive aisle or street.
5. A consolidated tree island shall not be located closer than five (5) parking spaces from an end of row
tree island.
B. All uses containing a drive-in or drive-thru shall be subject to the following standards:
1. A minimum ten (10) foot wide landscape island shall be constructed around the outer edge of the drive-
thru lane for a minimum distance to equal the length of stacking required for the drive-thru facility.
2. The landscape island shall contain minimum three (3) inch caliper evergreen or deciduous trees
planted fifteen (15) feet on -center with minimum five (5) gallon shrubs planted three (3) feet on center.
Ornamental trees evenly interspersed between the evergreen or deciduous trees may be substituted for
the shrubs. If the landscape island is located on the perimeter of the property, perimeter landscaping
requirements may be applied towards this requirement.
C. For nonresidential development, seven (7) percent of the net lot area is required to be provided as open
space. The open space may consist of any element that is not one of the following:
1. Vehicular paving.
2. Required parking lot tree islands.
3. Building footprint.
4. Utility yards.
5. Required landscape edges.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 8 - NON-RESIDENTIAL DESIGN AND DEVELOPMENT
6. Detention ponds. Detention ponds that are located between the building and street and contain a
constant water level, are landscaped, or otherwise treated as an amenity for the development, as
determined by the Director of Planning or his/her designee, may be calculated toward the required
open space.
8.7 ACCESS REQUIREMENTS
A. All retail/commercial driveways served by a median opening shall be divided.
B. All retail/commercial properties shall have access to a median opening either directly, or through cross
access.
C. All non-residential lots shall provide cross access drive aisles to adjacent non-residential properties.
1. If used as a fire lane, the cross access drive aisle shall meet all the criteria for a fire lane.
2. A shared driveway located along a common property line is encouraged and satisfies the requirement
for cross access.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 9 -ADDITIONAL AND SUPPLEMENTAL
SECTION 9
ADDITIONAL AND SUPPLEMENTAL
9.1 LOT REGULATIONS:
A. The minimum lot area for the various Zoning Districts shall be in accordance with the individual Districts
except that a lot having less area than herein required which was an official "lot of record" prior to the
adoption of this Ordinance, may be used for a single-family dwelling and no lot existing at the time of
passage of this Ordinance shall be reduced in area below the minimum requirements set forth in the
respective District.
B. Location of Dwellings and Buildings - Only one main building for single family and two-family use, with
permitted accessory buildings, may be located upon a lot or unplatted tract.
C. Every means of access shall have a minimum lot width of twenty-five (25) feet at the property line.
D. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such
buildings do not face upon a public street, the same may be permitted when the site plan for such develop-
ment is approved by the Planning & Zoning Commission so as to comply with the Town Subdivision
Regulations' requirements for platting.
E. No parking area, storage area, or required open space for one building shall be computed as being the open
space, yard, or area requirements for any other dwelling or other use.
F. Residential Density Calculations:
The maximum permitted residential densities for the TH and MF Districts shall be calculated using the net
acreage of the site to be developed. Net acreage shall not include the following:
• Right-of-way dedicated for major thoroughfares.
• Required parkland dedication.
• Detention.
• Land used for non-residential purposes.
Net acreage may include the following:
• Non -reclaimed floodplain.
• Private open space.
• Park dedication in excess of minimum park dedication requirements.
• Detention ponds that contain a constant water level, are landscaped, or otherwise treated as an
amenity for the development, as determined by the Director of Planning or his/her designee.
9.2 MINIMUM DWELLING UNIT AREA:
The minimum dwelling unit area of a residential unit shall be as specified in each residential Zoning District in
Chapter 2 of this Ordinance. Dwelling unit area is defined as that area devoted to the living area in a residence
or dwelling unit and is exclusive of porches, enclosed or open breezeways, storage area or closets, garages, or
other non -living space. The minimum dwelling unit area will generally be that space which is air-conditioned.
9.3 FRONT YARD:
A. On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets,
unless shown specifically otherwise on a final plat.
B. Where the frontage on one (1) side of a street between two (2) intersecting streets is divided by two (2) or
more Zoning Districts, the front yard shall comply with the requirements of the most restrictive Zoning
District for the entire frontage.
C. Where a building line has been established by a plat approved by the Town of Prosper or by ordinance prior
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 9 - ADDITIONAL AND SUPPLEMENTAL
to the adoption of this Ordinance, and such line required is a greater or lesser front yard setback than
prescribed by this Ordinance for the Zoning District in which the building line is located, the required front
yard shall comply with the building line so established by such Ordinance or plat provided no such building
line shall be set back less than twenty (20) feet.
D. The front yard shall be measured from the property line to the front face of the building, covered porch,
covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or
columns may project into the required front yard for a distance not to exceed three (3) feet, and subsurface
structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches
above the average grade of the ground under the structure (See Chapter 5, Section 2.3, Illustration 1),
E. Where a lot fronts and backs to two (2) different streets, a required front yard shall be provided on both
streets unless a building line for accessory buildings has been established along one frontage on the plat or
by ordinance, in which event only one required front yard need be observed (See Chapter 5, Section 2.3,
Illustration J).
F. In all Single Family and 2F Districts, the minimum front yard setbacks for all lots fronting onto the same
street along a block shall be staggered such that one third (1/3) of the lots have a front yard setback that is
reduced by five (5) feet, one third (1/3) of the lots have a front yard setback as defined in Chapter 2, and
one third (1/3) of the lots have a front yard setback that is increased by five (5) feet. Not more than two lots
in a row may incorporate the same front yard setback. The average setback along the block shall equal the
required setback for the particular Zoning District. The lots with an increased front building line may also
decrease the rear building line by five (5) feet to maintain the necessary building pad depth. The purpose of
this requirement is to produce a variety of front yard setbacks along a street, creating a more pleasing street
presence and appearance of houses in the subdivision. In no case shall the front yard setback be less than
twenty(20)feet. The front setbacks for each lot shall be designated on the final plat. (See Chapter 5,
Section 2.3, Illustration K)
G. Visual clearance shall be provided in all Zoning Districts so that no fence, wall, architectural screen, earth
mounding or landscaping thirty (30) inches or higher above the street center line obstructs the vision of a
motor vehicle driver approaching any street, alley, or driveway intersection.
1. At a street intersection where one or both of the streets is a major thoroughfare, clear vision must be
maintained for a minimum of twenty-five (25) feet across any lot measured from the corner of the
property line in both directions. (See Chapter 5, Section 2.3, Illustration L)
2. At an intersection of two neighborhood streets, this clearance must be maintained for ten (10) feet.
(See Chapter 5, Section 2.3, Illustration M)
3. At an intersection of a neighborhood street and an alley, this clearance must be maintained for five (5)
feet down the alley and fifteen (15) feet down the street. (See Chapter 5, Section 2.3, Illustration N)
4. Fences, walls, and thirty (30) inches in height, as measured from the centerline of the street, or less
may be located in the visual clearance areas of all Districts.
H. Gasoline, or other hydrocarbon fuel, service station pump islands including their associated unenclosed
canopies shall meet the front yard setback requirements established in Chapter 2 of this Ordinance when
located adjacent to a public street.
I. Where a future right-of-way line has been established for future widening or opening of a street or
thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-
way line.
J. The minimum front yard in single-family and two-family Zoning Districts may be reduced by ten (10) feet in
the following circumstances. In no case shall the reduction cause the minimum front yard to be less than
fifteen (15) feet.
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CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 9 -ADDITIONAL AND SUPPLEMENTAL
1. For an outside swing -in garage provided the wall of the garage that faces the street contains a glass
pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not
exceed one (1) story; or
2. For a non -enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without
floor area or chimney; or
3. For a non -enclosed porch and the main structure provided:
a. the height of the main structure does not exceed one (1) story;
b. the porch has a minimum dimension of seven (7) feet in depth measured from stud to the front
edge of the porch floor and a minimum width of twenty (20) feet; and
c. the minimum front yard for a front entry garage is increased one (1) foot for every one (1) foot the
minimum front yard for the main structure is reduced.
9.4 SIDE AND REAR YARDS:
A. On a Key Lot used for one or two-family dwellings, both street exposures shall be treated as front yards
(See Chapter 5, Section 2.3 Illustration 0) on all key lots except where one street exposure is designated as
a side yard and separated from the adjacent lot by an alley (See Chapter 5, Section 2.3 Illustration P). In
such case, a building line shall be designated on the plat approved by the Town of Prosper containing a side
yard of fifteen (15) feet or more. On lots that were official lots of record prior to the effective date of this
Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side
yard for the Zoning District.
B. Every part of a required side yard shall be open and unobstructed from the ground upward except for
accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices,
and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves
projecting not to exceed thirty-six (36) inches into the required side yard. Air conditioning compressors and
similar appurtenances are permitted in the side yard.
C. Side yard setbacks in the DTO, R, DTC, C, and CC Districts may be waived for a building when attached to
an adjacent building and is shown on a site plan approved by the Planning & Zoning Commission.
D. The face (meaning garage door) of a garage that faces a side yard (a swing -in garage) must be setback
twenty-eight feet (28') from the side property line.
E. Non-residential uses that are permitted within a single family Zoning District (such as a day care, school, or
church) shall maintain a forty (40) foot side and rear building setback when adjacent to a property that is
zoned or designated on the Future Land Use Plan for residential uses.
9.5 SPECIAL HEIGHT REGULATIONS
Water stand pipes and tanks (excluding Town owned and/or operated water tanks), church steeples, domes,
spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided
that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that
such structures exceed three (3) stories.
Ornamental features in all non-residential Zoning Districts may exceed the maximum building height provided
that the ornamental feature does not contain floor area and provided the required setbacks for the ornamental
feature are increased by two (2) feet for every one (1) foot that the ornamental feature exceeds the maximum
height. Ornamental features include, but are not limited to towers, spires, steeples, and cupolas.
9.6 MEASUREMENTS:
All measurements of setback requirements shall be made according to Chapter 5, Section 2.3, Illustrations Q -U.
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9.7 MODULAR HOMES:
A Modular Home may be permitted in the A, SF, DTR, 217, TH, MH, or MF Districts providing that the following
requirements are met:
A. The dwelling shall meet or exceed all building code requirements that apply to other dwelling units
concerning on-site construction.
B. Conforms to all applicable zoning standards for the respective Zoning District.
C. Is affixed to an approved permanent foundation system.
D. The building official is so notified in writing for the purpose of establishing procedures for the inspection,
issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article
1221f V.T.C.S.).
E. The Modular Home is placed on an approved platted lot of the Town.
9.8 EXTERIOR CONSTRUCTION OF MAIN BUILDINGS
A. The exteriorfacades of a main building or structure, excluding glass windows and doors, in the A, SF, DTR,
2F, and TH Districts shall be constructed of one hundred (100) percent masonry, unless otherwise specified
in this Ordinance. Cementatious fiber board is considered masonry, but may only constitute fifty (50)
percent of stories other than the first story. In the DTR District, cementatious fiber board may be used on up
to ninety (90) percent of a structure. Cementatious fiber board may also be used for architectural features,
including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of
an exterior wall, or other architectural features approved by the Building Official. Wood roof shingles are
prohibited.
B. All exteriorfacades for a main building or structure, excluding glass windows and doors, in the MF, 0, DTO,
NS, R, DTC, C, CC, and I Districts shall be constructed of one hundred (100) percent masonry as defined in
Chapter 3, Section 2. The use of stucco and EIFS are only permitted as secondary or accent materials.
C. Metal buildings are permitted in the I District upon review by the Planning & Zoning Commission and
approval by the Town Council subject to:
1. The maximum height of metal buildings is thirty six (36) feet;
2. The lot on which the building is constructed must have frontage only on streets with eighty (80) feet of
right-of-way or greater;
3. The lot containing a metal building shall be five hundred (500) feet from all Zoning Districts other than
the C, CC, and I Districts;
4. The wall of the building facing the street must be one hundred (100) percent masonry; and
5. Other walls of the building visible from a street must have trees planted on thirty (30) foot centers within
twenty (20) feet of the building.
D. Exterior construction of maintenance buildings for golf courses, public or parochial schools, churches, or the
Town of Prosper may be metal upon issuance of a Specific Use Permit. Exterior construction of buildings
used for agricultural purposes in conjunction with a school may be metal upon issuance of a Specific Use
Permit.
If an expansion or an addition to an existing metal building is not greater than ten (10) percent or seven
thousand (7,000) square feet, whichever is greater, the masonry requirements shall not apply to the
expansion or addition to the existing metal building.
E. The Town Council may approve materials which are equivalent to, or exceed, the standards set forth in
Chapter 4, Section 9.8(A & B) above.
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9.9 HANDICAP ACCESSIBILITY
If applicable all nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act
(ADA) of 1991, as may be amended, accessibility guidelines, the Uniform Federal Accessibility Standards, and
Texas Accessibility Standards (TAS).
9.10 SELF -STORAGE AND MINI -WAREHOUSE FACILITIES
The side building lines of a self -storage or mini -warehouse facility may be reduced by approval of the
Planning & Zoning Commission at the time of the preliminary site plan approval. The configuration of the
storage units shall be with the doors facing into the site with the rear walls of the units serving as the outer
boundary.
Self -storage or mini -warehouse facilities must comply with Chapter 4, Section 9.8 of this Ordinance, and its
amendments, relating to the construction material used for exterior buildings. Notwithstanding any other
provisions to the contrary, a self -storage or mini -warehouse facility constructed adjacent to a residential area,
whether separated by a dedicated street or not, shall exclusively use clay fired brick or stone as the exterior
construction material.
9.11 ADJACENCY OF CERTAIN USES TO RESIDENTIAL ZONING
A. All buildings, gasoline pump islands, vacuums, outdoor speakers, gasoline or fuel storage tanks, air and
water dispensers, and other structures in conjunction with any automotive use shall be located a minimum
of two hundred (200) feet from any residential Zoning District. No service bay shall face a residential
Zoning District. An automotive use shall be defined as the sales, leasing, renting, servicing, repair, or
washing of automobiles, boats, motorcycles, trucks, or any other motor vehicle.
B. All buildings, structures, and outdoor speakers used in conjunction with any drive-thru or drive-in restaurant
shall be located a minimum of two hundred (200) feet from any residential Zoning District. Buildings and
outdoor speakers may be located closer than two hundred (200) feet from a residential Zoning District
provided that the building is located between the speaker box and adjacent residentially zoned property.
C. Any lot containing a drive-thru restaurant, drive-in restaurant, and/or an automotive use as defined in
Chapter 4, Section 9.11(A) and that is adjacent to a residential Zoning District shall comply with the
following requirements:
1. One (1) large tree, three (3) inch caliper minimum shall be planted on twenty (20) foot centers within the
fifteen (15) foot landscape area, required by Chapter 4, Section 2.6(C). Of the trees required within the
fifteen (15) foot landscape area, a minimum of fifty (50) percent of the trees shall be of an evergreen
variety that will reach a minimum of fifteen (15) feet in height.
2. The screening wall, required by Chapter 4, Section 5.2, shall be eight (8) feet in height.
3. All screening materials, both wall and landscape materials, shall be maintained in a manner to provide
the intended screening.
D. The requirements listed in Chapter 4, Section 9.11(A) and 9.11(B) shall not apply to a drive-thru restaurant,
drive-in restaurant, and/or an automotive use within two hundred (200) feet of a residential Zoning District
that is separated from the residential area by an existing or future major thoroughfare identified on the
Town's Thoroughfare Plan.
9.12 DAY CARE CENTERS, PRIVATE SCHOOLS, AND SIMILAR FACILITIES
A. All day care centers shall provide outdoor play space at a rate of sixty-five (65) square feet per child. This
requirement shall be based on the maximum licensed capacity of the facility. The outdoor play space shall
have no dimension of less than thirty (30) feet. If the facility provides care to all children for less than four
hours per day, this requirement may be waived by the Town Council.
B. Outdoor play space is defined as the area used for outside recreational purposes for children. The outdoor
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play area must be enclosed by a fence of at least four (4) feet in height with at least two emergency exits.
One exit may be an entrance to the building. The adequacy of the emergency exits shall be determined by
the Fire Chief or his/her designee.
9.13 RESIDENTIAL DEVELOPMENT ADJACENT TO RAILWAYS
A. Minimum Building Setback, Screening, and Landscaping Requirements.
When a boundary of a residential subdivision is adjacent to a railroad right-of-way, one of the two following
screening options shall be installed within three (3) months from the date of Town acceptance of public
improvements:
1. Option One
a. A minimum building setback of fifty (50) feet shall be required from the railroad right-of-way; and
b. A one hundred (100) percent clay fired brick or stone wall with a minimum height of six (6) feet
shall be constructed on the railroad right-of-way line; and
c. One (1) three (3) inch caliper large tree shall be planted a minimum of thirty (30) linear feet on
center adjacent to the residential side of the wall. A minimum of fifty (50) percent of the trees shall
be of the evergreen variety. The landscaped area shall be mechanically irrigated. The lot owner
shall be responsible for the replacement of required plant materials.
2. Option Two
a. A minimum building setback of eighty (80) feet shall be provided from the railroad right-of-way; and
b. A six (6) foot high earthen berm with a maximum slope of 3:1 shall be constructed adjacent to the
railroad right-of-way line.
c. One (1) three (3) inch caliper large tree shall be planted a minimum of thirty (20) linear feet on
center along the top or on the residential side of the berm. A minimum of fifty (50%) percent of the
trees shall be of the evergreen variety. The landscaped area shall be mechanically irrigated. The
lot owner shall be responsible for the replacement of required plant materials.
B. Platting Requirements:
1. The setback area shall be designated on the plat as follows: "This setback area is reserved for
screening purposes. The placement of structures on this land or the removal of healthy screening plant
materials is prohibited."
2. Should the setback area be part of a single-family lot, the setback area shall also be recorded on the
plat as a building line.
C. This section shall not apply to any residential development with an approved Concept Plan, Preliminary Plat,
and/or Final Plat prior to adoption of this Ordinance.
9.14 NONRESIDENTIAL AND MULTIFAMILY DEVELOPMENT ADJACENT TO A MAJOR CREEK
A. Major Creeks within the Town of Prosper shall be defined as:
• Button Branch
• Doe Branch
• Gentle Creek
• Rutherford Branch
• Wilson Creek
Each Major Creek begins at its headwater (as determined by the Federal Emergency Management Agency
and/or the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps (FIRM) as
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provided by the Federal Emergency Management Agency.
B. All nonresidential and multifamily lots developing adjacent to the 100 -year floodplain of a major creek shall
comply with the requirements listed below. Multifamily -zoned property that develops as single-family is not
subject to these requirements, but shall comply with Section 14 of the Subdivision Ordinance, as it exists or
may be amended.
1. Retaining walls, where provided, shall be constructed of clay -fired brick, stone, patterned concrete,
modular concrete block, or split faced concrete masonry units. This requirement does not apply to
walls constructed within the channel of the creek to control water flow.
2. Three (3) inch caliper trees planted on thirty (30) foot centers and three (3) gallon shrubs planted on
five (5) foot centers shall be provided between parking and the flood plain when parking is located
directly adjacent to the flood plain. The trees and shrubs are not required to be planted in a single row;
they may be planted in groups. Existing trees in healthy growing condition and of a species from the
list of Recommended Plant Materials in Chapter 4, Section 2 of this Ordinance, as it exists or may be
amended, may be counted toward this requirement.
3. Maintenance access, as required by the Town Engineer, or his/her designee, shall be provided to the
flood plain, hike and bike trail, and creek.
4. The development shall incorporate a connection to a hike and bike trail along the major creek by way of
a sidewalk, stairs, and/or ramps. The connection shall comply with ADA and TAS accessibility
requirements. The Director of Planning or his/her designee may waive this requirement if he/she
determines that a connection is not needed due to the property size, configuration and constraints, or
land use.
5. Open space areas adjacent to the floodplain that have been improved with patios, courtyards, or
additional landscaping listed in Section 9.14(C)(1) and Section 9.14(C)(6) below may be used to meet
minimum open space requirements.
6. Loading areas located adjacent to the major creek shall be screened from the flood plain by a solid
living screen to reach a minimum of fourteen (14) feet tall within two (2) years. Existing trees in healthy
growing condition and of an evergreen species from the list of Recommended Plant Materials in
Chapter 4, Section 2 of this Ordinance, as it exists or may be amended, may be counted toward this
requirement. For Industrial development, this requirement may be waived by the Planning & Zoning
Commission upon site plan approval if the adjacent property on the opposite side of the creek is zoned
Industrial or designated on the Future Land Use Plan as Industrial, unless zoned other than Industrial.
C. Multifamily, except those multifamily properties that are developed as single-family, and office development
adjacent to a major creek shall provide four (4) of the amenities listed below. Retail and commercial
development adjacent to a major creek shall provide three (3) of the amenities listed below. Industrial
development adjacent to a major creek shall provide two (2) of the amenities listed below. Amenity
selection is subject to approval by the Planning & Zoning Commission upon preliminary site plan or site plan
approval.
1. A thirty (30) foot landscape edge adjacent to the floodplain of the major creek with a double row of
three (3) inch caliper trees planted on thirty (30) foot centers. Existing trees in healthy growing
condition and of a species from the list of Recommended Plant Materials in Chapter 4, Section 2 of this
Ordinance, as it exists or may be amended, may be counted toward this requirement.
2. A minimum of twenty five (25) percent of the surface area of walls that face the major creek to be
provided as windows.
3. Construction of a hike and bike trail along the creek.
4. A visibility corridor of at least one hundred (100) feet shall be required between and/or adjacent to
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buildings adjacent to the flood plain. This visibility corridor can include parking, landscape medians or
areas, amenities, and drive aisles.
5. Trail Head Park. A trailhead park shall have minimum dimensions of fifty (50) feet and be located
adjacent to the hike and bike trail. Park benches shall be provided. Trailhead parks are subject to
review and approval by the Director of Parks & Recreation or his/her designee.
6. A common patio, balcony, courtyard, or terrace a minimum of 750 square feet located between the
building and the major creek.
7. Building orientation such that the entire side of the building adjacent to the flood plain is not the back of
the building.
8. Building to have the same building materials and architectural elements on all four sides.
9. Creek restoration (plan shall be designed and implemented according to USACOE standards and
approved by Army Corps of Engineers).
10. Other amenities not listed may be approved by the Planning & Zoning Commission in conjunction with
a preliminary site plan if they determine that the proposed amenity meets the intent of these
requirements.
D. The Planning & Zoning Commission may grant variances to the requirements of this section, as it exists or
may be amended, upon preliminary site plan or site plan approval only if they determine that conforming to
these requirements is not possible due to the property size, configuration, topography, constraints, or land
use and that no other alternative is available. The decision by the Planning & Zoning Commission may be
appealed to the Town Council using the site plan appeal process described in Article IV, Section 1, as it
exists or may be amended.
9.15 TRAFFIC IMPACT ANALYSIS
A. Purpose: The purpose of a traffic impact analysis is to assess the effects of specific development activity on
the existing and planned roadway system. A Traffic Impact Analysis (TIA) is intended to adequately assess
the traffic -related impacts of a zoning proposal on the existing and planned thoroughfare system. The TIA is
to determine the traffic loading that the proposed zoning will impose on the existing and planned
thoroughfare system and to determine that the thoroughfare system, as planned, can handle the traffic
loading at Level of Service D or better in the peak hour. Conclusions drawn from the analysis, along with
other land use and service factors, shall be taken into consideration by the Planning & Zoning Commission
and the Town Council in approval or disapproval of zoning changes.
Prior to the commencement of a TIA, a pre -submission meeting with the Town staff is required to establish a
base of communication between the Town and the applicant. This meeting will define the requirements and
scope relative to conducting a TIA and ensure that any questions by the applicant are addressed.
B. Definitions:
1. Accident Analysis — A summary of the accident history on adjacent roadways during a specified time
period. Such analyses typically include measures to mitigate the impact of site traffic on safety based
on accident history and associated information.
2. Capacity — The maximum number of vehicles which can pass a given point during one hour under
prevailing roadway and traffic conditions.
3. Level of Service (LOS) — A qualitative measure of traffic operating conditions based on such factors as
speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety.
Level of Service analyses conducted as part of a TIA shall be determined using procedures of the
latest edition of the Highway Capacity Manual.
4. Special Report 209 — published by the Transportation Research Board (TRB).
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5. Modal Split — The percentage of people using a certain means of transport; auto, transit, walk.
6. Queuing Analysis — an analysis of vehicle stacking and required lane storage necessary to mitigate
excessive vehicle queues. Typically performed for drive-through facilities, drop-off zones to schools
and daycare facilities, entrance gates, turn lanes and median breaks.
7. Sight Distance Survey — a survey of the available horizontal and vertical sight distance at access points
to a site, intersection or roadway section. Such study must include measures to eliminate any resulting
safety hazard.
8. Signal Cycle — the time period required for one complete sequence of traffic signal indications.
9. Signal Phase — a part of the signal cycle allocated to a traffic movement or any combination of traffic
movements.
10. TIA Analysis Periods — time periods for traffic assessment as part of a TIA submittal.
11. Traffic Control Device — Any sign, signal, marking, or device placed or erected for the purpose of
regulating, warning, or guiding vehicular traffic and/or pedestrians.
12. Traffic Impact Analysis — A study that provides information to: 1) determine the traffic loading that the
proposed zoning will impose on the existing and planned thoroughfare system; 2) determine that the
thoroughfare system, as planned, can handle the traffic loading at Level of Service D or better in the
peak hour; and 3) evaluate the appropriate traffic mitigation measures if the thoroughfare system
cannot accommodate the impact.
13. Traffic Simulation — The use of a computer model to provide detailed analysis of the interaction
between traffic, roadway geometry, and traffic control devices.
14. Trip Generation — The number of one-way traffic movements associated with such variables as building
size, type of dwelling unit, employees, land area, etc... Chapter 5, Section 2.3, Illustration V lists
generalized trip generation rates for various land uses.
15. Turn Lane Analysis — an analysis of storage requirements for driveways or nearby intersections based
on existing and future roadway volumes.
16. Vehicle Trip — A one-way movement of a vehicle between two points.
17. Volume/Capacity Ratio (V/C) — the ratio of an actual volume to the capacity of a roadway.
C. Ao licabilit
A TIA shall be required under the following two conditions:
1. A zoning request for multifamily or nonresidential, as defined herein, that generates at least 5,000 trips
per day and that does not comply with the Future Land Use Plan, unless the proposed zoning results in
a net trip reduction compared to existing zoning.
2. A zoning request for residential, as defined herein, that generates a residential density greater than that
recommended for the property by the Future Land Use Plan, unless the proposed zoning results in a
net trip reduction compared to existing zoning.
All traffic impact analyses shall be performed by a consultant qualified to perform such studies. Special
circumstances that do not meet the daily trip generation threshold may also require a TIA. Such
circumstances, as determined by the Director of Planning or designated representative may include, but are
not limited to; impacts to residential neighborhoods from non-residential development, inadequate site
accessibility, the implementation of the surrounding Thoroughfare Plan is not anticipated during the
estimated time period of a proposed development, the proposed land use differs significantly from that
contemplated in the Future Land Use Plan, and the internal street or access is not anticipated to
accommodate the expected traffic generation.
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The Director of Planning or designated representative, based upon the results and recommendation from a
pre -submission meeting with the applicant, shall determine the need for a TIA. It shall be the responsibility
of the applicant to demonstrate that a TIA should not be required.
D. TIA Standards and Methodolow:
The TIA must evaluate the impact of the proposed development on both existing traffic conditions and future
traffic conditions for five (5) years after initial phase opening and ten (10) years after final opening with full
build out. The study area shall be based on the total daily estimated trip generation. The study area shall be
a one -mile radius for less than 10,000 trips per day. A larger radius shall be considered for more than
10,000 trips per day. The TIA shall include the following:
1, Site Location/Study Area — a brief description of the size, general features, and location of the site,
including a map of the site in relation to the study area and surrounding vicinity;
2. Existing Zoning — a description of the existing zoning for the site and adjacent property, including land
area by zoning classification and density by FAR, square footage, number of hotel rooms, and dwelling
units (as appropriate);
3. Existing Development — a description of any existing development on the site and adjacent to the site
and how it would be affected by the development proposal;
4. Proposed Zoning — a description of the proposed zoning for the site, including land area by zoning
classification and density by FAR, square footage, number of hotel rooms, and dwelling units (as
appropriate); identify other adjacent land uses that have similar peaking characteristics as the proposed
land use; identify recently approved or pending land uses within the area;
5. Thoroughfare System — a description and map of existing planned or proposed thoroughfares and
traffic signals for horizon year(s) within the study area;
6. Existing Traffic Volumes — recent traffic counts for existing thoroughfares and major intersections within
the study area;
7. Projected Traffic Volumes — horizon year(s) background traffic projections for the planned thoroughfare
system within the study area;
8. Existing Site Trip Generation — a table displaying trip generation rates and total trips generated by land
use category for the AM and PM peak hours and on a daily basis, assuming full development and
occupancy based on existing zoning (if applicable), and including all appropriate trip reductions (as
approved by Staff);
9. Proposed Site Trip Generation — a table displaying trip generation rates and total trips generated by
land use category for the AM and PM peak hours and on a daily basis, assuming full development and
occupancy for the proposed development, and including all appropriate trip reductions (as approved by
Staff);
10. Net Change in Trip Generation (zoning) — proposed trip generation minus existing trip generation (if
applicable); the net increase in trips to be added to base volumes for the design year;
11. Trip Distribution and Traffic Assignment — tables and figures of trips generated by the proposed
development (or net change in trips, if applicable) added to the existing and projected volumes, as
appropriate, with distribution and assignment assumptions, unless computer modeling has been
performed;
12. Level of Service Evaluations — capacity analyses for weekday AM and PM peak hours of the roadway
and peak hour of the site, if different from the roadway, for both existing conditions and horizon year
projections for intersections, thoroughfare links, median openings and turn lanes associated with the
site, as applicable. The minimum acceptable level of service (LOS) within the Town shall be defined as
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LOS "D" in the peak hour for all critical movements and links. All development impacts on both
thoroughfare and intersection operations must be measured against this standard;
13. Traffic Signal Evaluations — the need for new signals based on warrants, the impact on transportation
system performance;
14. Evaluation of Proposed/Necessary Mitigation — capacity analyses for weekday AM and PM peak hours
of the roadway and peak hour of the site, if different from the roadway, for intersections, thoroughfare
links, median openings and turn lanes associated with the site under proposed/necessary traffic
mitigation measures;
15. Conclusions — identification of all thoroughfares, driveways, intersections, and individual movements
that exceed LOS D, degrade by one or more LOS, the percentage of roadway volume change
produced by the proposed development, and any operational problems likely to occur;
16. Recommendations — proposed impact mitigation measures; and
17. Other information required for proper review —as requested by the Director of Planning or designated
representative.
E. Format:
The TIA report must be prepared on 8'/2' x 11" sheets of paper. However, it may contain figures on larger
sheets, provided they are folded to this size. All text and map products shall be computer-based and
provided in both a computerized and published format compatible with Word and ArcView. In addition, all
electronic files used as part of the traffic analysis (i.e., Synchro, HCS, Passer II/III, Corsim, etc.) shall be
provided. The various sections of the report should be categorized according to the subject areas below:
Executive Summary
I. Introduction
A. Purpose
B. Methodology
II. Existing And Proposed Land Use
A. Site Location/Study Area
B. Existing Zoning
C, Existing Development
D, Proposed Zoning (if applicable)
III. Existing And Proposed Transportation System
A. Thoroughfare System
B. Existing Traffic Volumes
C. Projected Traffic Volumes
IV. Site Traffic Characteristics
A. Existing Site Trip Generation (if applicable)
B. Proposed Site Trip Generation
C. Net Change in Trip Generation (if applicable)
D. Trip Distribution and Traffic Assignment
V. Traffic Analysis
A. Level of Service Evaluations
B. Traffic Signal Evaluations
VI. Traffic Mitigation
VII. Conclusions
VIII. Recommendations
APPENDICES
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F. Administration:
Based on the results of the TIA and actions recommended by the Town Engineer, Director of Planning,
and/or the Planning & Zoning Commission, the Town Council shall take one or more of the following actions:
1. Approve the zoning request, if the request has been determined to have no significant impact;
2. Approve the zoning request subject to inclusion of a traffic mitigation plan where the significant
impacts of the requested zoning can be adequately mitigated through phasing, construction of
improvements, or any other necessary means;
3. Approve the zoning request, subject to inclusion of a phasing plan;
4. Deny the zoning request, where the impacts cannot be adequately mitigated.
G. TIA Review:
The Town shall utilize a third party engineering firm qualified to review such studies for the TIA review.
Payment of the review by the third party engineering firm shall be the responsibility of the applicant. The
review fees shall be paid prior to the associated zoning case being scheduled fora public hearing before the
Planning & Zoning Commission,
9.16 RESIDENTIAL OPEN SPACE
A. Two Family (Duplex) and Townhome Open Space. Each parcel of land developed under the 2F or TH
standards shall provide usable open space totaling ten (10) percent for 2F and twenty (20) percent for TH of
the area being developed. The open space shall be computed on the percentage of total platted area in the
subdivision, excluding right-of-way dedicated major thoroughfares. This open space shall be owned and
maintained by a homeowners' association. Areas provided as usable open space shall meet the following
criteria:
1. All residential lots must be located within fourteen hundred (1,400) feet of a usable open space area as
measured along a street. In order to preserve existing trees or should a property have unique
topography, size, or configuration, this distance may be increased by the Planning & Zoning
Commission with approval of the plat.
2. All open space areas shall be minimum of twenty thousand (20,000) square feet with no slope greater
than ten (10) percent and no width less than fifty (50) feet. The Planning & Zoning Commission may
give full or partial credit with approval of the plat for open areas that exceed the maximum slope or that
are otherwise unusable, if it is determined that such areas are environmentally or aesthetically
significant.
3. Open space areas must be easily viewed from adjacent streets and homes. Open space areas must
abut a street on a minimum of forty (40) percent of the perimeter of the open space. However, the
perimeter street requirement may be reduced to thirty (30) percent with Planning & Zoning Commission
approval of the preliminary plat when:
a. preserving existing trees;
b. preserving natural geographic features; or
c. physical constraints such as overall property size, configuration, or topography exist.
4. Landscaping, sidewalks, and amenities such as tennis courts and swimming or wading pools may be
located within usable open space areas. Detention ponds that contain a constant water level, are
landscaped, or otherwise treated as an amenity for the development, as determined by the Director of
Planning or his/her designee, may be calculated toward the required open space.
5. Open space shall contain one (1) minimum three (3) inch caliper large tree for every one thousand
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(1,000) square feet of required open space. The tress shall be maintained in a healthy and growing
condition, and must be replaced with trees of similar variety and size if damaged, destroyed, or
removed. A landscape plan must be approved prior to approval of the final plat.
B. Multifamily Open Space. Each parcel of land developed under the MF standards shall provide usable open
space totaling thirty (30) percent of the area being developed. The open space shall be computed on the
percentage of total platted area in the subdivision, excluding right-of-way dedicated major thoroughfares.
Areas provided as usable open space shall meet the following criteria:
1. The open space shall have a maximum slope not exceeding ten (10) percent.
2. The open space shall have a minimum dimension of not less than thirty (30) feet.
3. Of the required open space, fifteen (15) percent ortwenty thousand (20,000) square feet, whichever is
greater, shall be arranged or located in a contiguous mass. Flood plain used for open space may
receive full credit for that portion that is maintained in its natural state. Floodplain that is reclaimed and
used for open space shall receive a fifty (50) percent credit toward open space.
4. At the time of preliminary site plan approval, the Planning & Zoning Commission may give full or partial
credit for open areas that exceed the maximum slope, that are otherwise unusable, or that are less
than the fifteen (15) percent or twenty thousand (20,000) square feet required in Chapter 4, Section
9.16(B)(3). These areas must be determined to be environmentally or aesthetically significant and/or
an enhancement to the development or the area.
5. Landscaping, sidewalks, and amenities such as tennis courts, swimming or wading pools, and
clubhouses may be located within usable open space areas. Detention ponds that contain a constant
water level, are landscaped, or otherwise treated as an amenity for the development, as determined by
the Director of Planning or his/her designee, may be calculated toward the required open space.
6. Open space shall contain one (1) minimum three (3) inch caliper large tree for every one thousand
(1,000) square feet of required open space. The tress shall be maintained in a healthy and growing
condition, and must be replaced with trees of similar variety and size if damaged, destroyed, or
removed. A landscape plan must be approved prior to approval of the final plat.
9.17 MULTIFAMILY SITE DESIGN
A. Parking is only allowed between the building and a public street when located at or beyond the required
landscape setback and screened with a headlight screen of earthen berms and/or a row of shrubs.
Buildings with enclosed garages, when adjacent to a public street, must face garage doors internally to the
development. Garage doors may not face a public street. No detached garages may be located between
residential buildings and a public street. Enclosed garage parking spaces shall be a minimum of ten by
twenty (10 x 20) feet.
B. Structure Separation — Multifamily structures on the same parcel shall have the following minimum distance
between structures:
1. From main structure to main structure with walls that have openings for doors or windows on facades
facing each other.
a. Face to Face: fifty (50) feet
b. Face to End: thirty (30) feet
c. Corner to Face or End: thirty (30) feet
d. End to End: thirty (30) feet
2. From main structure to main structure with walls that do not have openings, the minimum distance
between structures is twenty (20) feet for one- and two-story buildings and thirty (30) feet for three-story
buildings.
4-9-13
CHAPTER 4 - DEVELOPMENT REQUIREMENTS
SECTION 9 -ADDITIONAL AND SUPPLEMENTAL
3. From main structure to accessory buildings or pools, the minimum distance between structures is
twenty (20) feet.
4. From main structure to free standing garage building, the minimum distance between structures is thirty
(30) feet.
C. Access to a public street in a Single -Family neighborhood will be limited access and will not function as a
primary access point for the complex. Access to Single -Family alleys is prohibited. Direct or indirect access
to a median opening where located on divided thoroughfare is required.
D. Drive aisles within multifamily developments cannot be longer than five hundred (500) feet continuous
without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic -calming feature
approved by the Director of Planning or his/her designee.
E. All multifamily buildings shall be designed to incorporate a form of architectural articulation every thirty (30)
feet, both horizontally along each wall's length and vertically along each wall's height. Acceptable
articulation may include the following:
• Canopies, awnings, or porticos;
• Recesses/projections;
• Arcades;
• Arches;
• Architectural details (such as tile work and moldings) integrated into the building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sifting areas;
• Offsets, reveals or projecting rib used to express architectural or structural bays;
• Accent materials (minimum 15% of exterior facade);
• Varied roof heights;
• Or other architectural features approved by the Director of Planning or his/her designee
F. All multifamily buildings shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof. All
sloped roofs shall have a three (3) in twelve (12) inch minimum slope. Wood shingles are prohibited.
4-9-14
Savings/Repealing, penalty, Severability, Estoppel,
Effective ate/Publication, and Appendices
ChapterSection ...................................._.........._._r........................................................................................................................a
....................
5 ESTOPPEL, AND
mmmm „^
PUBLICATION EALING, PENALTY, SEVERABILITY,mmm u�
Savings/Repealing, Penalty, Severability, EstoppelMaiver, Effective
5-1-1
Date/Publication
Appendices
5-2-1
2.1 — Planned Developments
5-2-1
2.2 — Specific Use Permits
5-2-5
2.3 — Illustrations
5-2-7
1.2
1.3
1.4
1.5
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 1- SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELMAIVER, AND EFFECTIVE DATE/PUBLICATION
SECTION 1
SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELIWAIVER, AND EFFECTIVE
DATE/PUBLICATION
SAVINGS/REPEALING:
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,
PENALTY:
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 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,
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 phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid.
ESTOPPELIWAIVER:
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,
EFFECTIVE DATEIPUBLICATION:
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
10th day of May, 2005.
AT ED TO AND ORRECTLY RECORDED BY:
hanae Jenning wog Secre ry
APPR? D . T
Charles Nis anger„ or
5-1-1
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
SECTION 2
APPENDICES
2.1 PLANNED DEVELOPMENTS:
A. The Planned Development ordinances listed in this section, numbered 1-15 ("Existing Ordinances") are
ordinances previously adopted by the Town Council. These ordinances are affected by the
amendments to Ordinance No. 84-16 set forth herein according to the following guidelines:
1. Any allowable uses and/or development standards set forth in the Existing Ordinances that are
established by reference to Ordinance No. 84-16 or any amendment thereto are amended, and
those allowable uses and/or development standards shall be governed by the allowable uses
and/or development standards established in this Ordinance for the applicable Zoning District
shown on the equivalency table set forth in Chapter 2, Section 2.
2. Any allowable uses and/or development standards set forth in the Existing Ordinances that are not
established by reference to Ordinance No. 84-16 or any amendment thereto are not amended and
shall be governed by the allowable uses and/or development standards set forth in the Existing
Ordinance.
3. Except as provided above, all other provisions of the Existing Ordinances are amended by this
Ordinance, and to the extent amended, development shall be governed by the terms and
conditions of this Ordinance.
For information purposes only, Chapter 5, Section 2.2(C) lists the ordinance number, adoption date,
location, acreage, the included Districts, and the included exhibits of the Planned Development, if
available. If the information is incorrect concerning ordinance number, adoption date, and the boundary
and legal description as set forth below, then the Existing Ordinance as adopted by the Town Council
shall be the controlling document for purposes of determining the ordinance number, adoption date,
and the boundary and legal description of the Planned Development and not the information listed
below.
C. List of Planned Developments:
1. PD -1 (99-46)— Single Family and Retail (Gentle Creek Estates)
a. Adoption Date — February 15, 2000
b. Location — Northeast corner of Coit Road and Prosper Trail
c. Acreage —469.1± acres
d. Districts — Single Family Types A, B, C, D, and Retail
e. Exhibits — Contains overall legal description and graphic of sub -districts
2. PD -2 (00-09) — Single Family, Multifamily, & Corridor ( Willow Ridge & surrounding non-
residential)
a. Adoption Date — May 9, 2000
b. Location — South side of East First Street, 500± feet east of Preston Road
c. Acreage — 412.8± acres
d. Districts — Single Family -2, Corridor, Multifamily
e. Exhibits — Contains overall legal description and graphic of sub -districts
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CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELANAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
3. PD -3 (00-03) — Single Family, Multifamily, Office, Retail, Commercial, & Light Industrial
(multiple Blue Star Land properties)
a. Adoption Date —June 13, 2000
b. Location — Various locations (see exhibit)
c. Acreage — 593.7± acres
d. Districts — Single Family Type A & B, Patio Home, Multifamily, Commercial, & Industrial
e. Exhibits — Contains overall and individual sub -district legal descriptions and graphic of sub -
districts
4. PD -4 (01-06 & 04.63) — Single Family (Cedar Ridge Estates)
a, Adoption Date — August 28, 2001 & June 8, 2004
b. Location — Northeast corner of East First Street and Hays Road
c, Acreage — 37.8± acres
d. Districts — Single Family -2
e. Exhibits — Contains an overall legal description and a graphic conceptual development plan
5. PD -5 (01-22 & 04-75)— Single Family & Commercial (Whispering Farms)
a. Adoption Date — October 8, 2001 & August 10, 2004
b. Location — Southeast corner of Prosper Trail and Coit Road
c. Acreage — 275.8± acres
d. Districts —Single Family Type A& Band Commercial
e. Exhibits — Contains overall legal description and graphic of sub -districts
6. PD -6 (01.18) — Single Family (Lakes of La Cima)
a. Adoption Date — November 13, 2001
b. Location — Southwest corner of Coit Road and East First Street
c. Acreage — 457.6± acres
d. Districts— Single Family 1-A & 2-A
e. Exhibits — Contains a graphic of the sub -districts
7. PD -7 (02-16) — Commercial (Prosper Town Center)
a, Adoption Date — September 30, 2002
b. Location — Northeast corner of Preston Road and East First Street
c, Acreage — 44.6± acres
d. Districts — Commercial
e. Exhibits — Contains a graphic conceptual development plan
8. PD -8 (02-48) — Single Family (Lakes of Prosper)
a. Adoption Date — January 13, 2003
b. Location — North side of Prosper Trail, 2,100± feet west of the BNSF Railroad
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CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELNVAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
c. Acreage —187.0± acres
d. Districts — Single Family -2
e. Exhibits — Contains an overall legal description, graphic legal description, and a conceptual
development plan
9. PD -9 (03-25 & 05-11) — Single Family (Whitley Place)
a. Adoption Date — April 8, 2003 & February 8, 2005
b. Location — Southwest corner of Custer Road and Prosper Trail
c. Acreage — 319.0± acres
d. Districts — Single Family -Estate, 1, & 2
e. Exhibits — Contains an overall legal description, graphic legal description, and a conceptual
development plan
10. PD -10 (03.60 & 04-59) — Retail (Camp property)
a. Adoption Date — October 14, 2003 & May 25, 2004
b. Location — Southwest corner of Preston Road and Frontier Parkway
c. Acreage — 34.2± acres
d. Districts — Retail
e. Exhibits — Contains an overall legal description, graphic legal description, and a conceptual
development plan
11. PD -11 (03.62) — Single Family (Chapel Hill)
a. Adoption Date — November 18, 2003
b. Location — North side of East First Street, 1,200± feet east of Hays Road
c. Acreage — 42.4± acres
d. Districts — Single Family -2
e. Exhibits — Contains and overall legal description and a conceptual development plan
12. PD -12 (03-69) — Single Family (the Village at Prosper Trail)
a. Adoption Date — December 9, 2003
b. Location — Northwest corner of Prosper Trail and the BNSF Railroad
c. Acreage — 61.7± acres
d. Districts — Single Family -2
e. Exhibits — Contains an overall legal description, graphic legal description, and a conceptual
development plan
13. PD -13 (04.47) —Retail (Angel property)
a. Adoption Date — April 28, 2004
b. Location — Northwest corner of Coleman Street and University Drive
c. Acreage —158.0± acres
d. Districts — Retail
5-2-3
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPELIWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
e. Exhibits — Contains and overall legal description and a graphic legal description
14. PD -14 (04.52) — Single Family, Retail, Business Park, & Business Center (Legacy Pointe)
a. Adoption Date — May 11, 2004
b. Location — Northeast corner of University Drive and the Denton/Collin County line
c. Acreage — 702.1 ± acres
d. Districts — Single Family -A and B, Retail, Business Park, and Business Center
e. Exhibits — Contains an overall legal description and a graphic of sub -districts
15. PD -15 (04-66) — Single Family & Retail (SEC Preston Rd and Frontier Pkwy)
a. Adoption Date — July 13, 2004
b. Location — Southeast corner of Preston Road and Frontier Parkway
c. Acreage —150.0± acres
d. Districts — Single Family -A, B, & C, and Retail
e. Exhibits — Contains an overall legal description, a graphic legal description, and a conceptual
development plan
16. PD -16 (04.93) — Single Family (Steeplechase Lake of Prosper)
a. Adoption Date — September 14, 2004
b. Location — North side of First Street, 1,000± feet west of La Cima Boulevard
c. Acreage — 27.4± acres
d. Districts — Single Family -1 & 2
e. Exhibits — Contains an overall legal description, a graphic legal description, and a conceptual
development plan
17. PD -17 (04-99) — Retail & Office (Prosper State Bank Property)
a. Adoption Date — September 28, 2004
b. Location — Northwest corner of First Street and Preston Road
c. Acreage —17.5± acres
d. Districts — Retail & Office
e. Exhibits — Contains a legal description for each of the two tracts and an overall graphic legal
description
18. PD -18 (04.110) — Single Family (Collinsbrook Property)
a. Adoption Date — November 16, 2004
b. Location — East side of Coit Road, 1,050± feet north of E. First Street
c. Acreage — 64.3± acres
d. Districts — Single Family -1 & 2
e. Exhibits — Contains an overall legal description, a graphic legal description, and a conceptual
development plan
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CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL/WAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
19. PD -19 (04-111)— Commercial Corridor (Lattimore North Property)
a. Adoption Date — December 14, 2004
b. Location — West side of Dallas Parkway, 850± feet south of W. First Street
c, Acreage — 5.0± acres
d. Districts — Commercial Corridor
e. Exhibits — Contains an overall legal description and a graphic legal description
20. PD -20 (04-112) — Commercial Corridor (Lattimore South Property)
a. Adoption Date — December 14, 2004
b. Location — West side of Dallas Parkway, 2,500± feet north of University Drive
c. Acreage —10.0± acres
d. Districts — Commercial Corridor
e. Exhibits — Contains an overall legal description and a graphic legal description
21. PD -21 (04.113) — Retail & Office (Winikates Broadway Property)
a. Adoption Date — December 21, 2004
b. Location — North side of Broadway Street, 150± feet west of Preston Road
c. Acreage — 5.6± acres
d. Districts — Retail & Office
e. Exhibits — Contains legal descriptions for each tract and a graphic legal description
2.2 SPECIAL USE PERMIT:
A. The Specific Use Permit ordinance listed in this section ("Existing Ordinance") is an ordinance
previously adopted by the Town Council. This ordinance is affected by the amendments to Ordinance
No. 84-16 set forth herein according to the following guidelines:
1. Any allowable uses and/or development standards set forth in the Existing Ordinance that are
established by reference to Ordinance No. 84-16 or any amendment thereto are amended, and
those allowable uses and/or development standards shall be governed by the allowable uses
and/or development standards established in this Ordinance for the applicable Zoning District
shown on the equivalency table set forth in Chapter 2, Section 2.
2. Any allowable uses and/or development standards set forth in the Existing Ordinance that are not
established by reference to Ordinance No. 84-16 or any amendment thereto are not amended and
shall be governed by the allowable uses and/or development standards set forth in the Existing
Ordinance,
3. Except as provided above, all other provisions of the Existing Ordinance are amended by this
Ordinance, and to the extent amended, development shall be governed by the terms and
conditions of this Ordinance,
B. For information purposes only, Chapter 5, Section 2.3(C) lists the ordinance number, use, adoption
date, location, acreage, and base zoning of the Specific Use Permit, if available. If the information is
incorrect concerning ordinance number, adoption date, and the boundary and legal description as set
forth below, then the Existing Ordinance as adopted by the Town Council shall be the controlling
document for purposes of determining the ordinance number, adoption date, and the boundary and
legal description of the Specific Use Permit and not the information listed below.
5-2-5
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL/WAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
C. Specific Use Permit, Existing Ordinance:
1. Ordinance — S-1 (99-50)
2. Use — A retail drywall sales business
3. Adoption Date — October 12, 1999
4. Location — East side of Preston Road, 2,400± feet south of Frontier Parkway
5. Acreage — 30.0± acres
6, Base Zoning — Single Family -1
5-2-6
2.3
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL/WAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
SECTION 2
APPENDICES (CONTINUED)
ILLUSTRATIONS:
A. Parking Lot Mension 45' on:e-wav
93' 6'
B. Parkina Lot Diniensions: 45' two-way
.......................
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--- Am -
77
3:
�.p
5-2-7
CHAPTER 5-SAVINGS/REPEALING, PENALTY, SEVERABILITY. ESTOPPEL/WAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
C, _Parking Lot Dimensions: 60" one-way,
-L-1-1- 0 --- --- ------
M, f... ...................
D. Parkino Lot Dimensions: 60' two -Way'
M
..... . .........................
u-
u- LL
20'
5-2-8
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
E, Parkin Lot Dimensimm 70' One-way
mm
CHAPTER 5 — SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 — APPENDICES
F. aarkirg Lot Dimensions: 70' two-way
P9,5T M'hr
p.bil
Wl-- go-, — —
5-2-10
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
G. P rkino Lot Dimensions: 0* two-wrav
VEHICLE MANEUVERING MUST OCCUR
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ME
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
I. Front Yard Measurement
SPECIFIED FRONT YARD
ROAM
S WIRWiD FRONT
YARDS BOTH
f"IROWAGES
II
FRONT YARD
maim
PROPERTY
L114E
5-2-12
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
K. Stacioered Front Yard Setbacks
25'5YqygvW. JO'Slandord J5" SA7pyffed-J5 0 Staggered X' Slawlwd 25' Ragyffed
Hart SethaWrm? Setabock front SvffiaO �)Frwt Setback Fron I Selbm*j
I"
Lifiv I Lamv Lhm. L476 the tme
fiLwr Setbae* Rl ,G Setback Rear Seibor* gear 56,1bork Rear .5,qfbue* Rem- selhoc*
zhe Zhe Lone line Lh?o U?v
L. Corner Visual Clearance — Maior Thorouaffares
R.0. W
1255"Y.
-----------------
Thoroughfare
5-2-13
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
M. Corner Visual Clearance - Non-,Maior Thoroughfares
R0 w
IV017— ThoroUghfr,7re
K Corner Visual Clearance - Street and an Aflev
:S1
L -W
4
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STREFT 15
5-2-14
CZ1 I
1/0
K Corner Visual Clearance - Street and an Aflev
:S1
L -W
4
"ZI
STREFT 15
5-2-14
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
C. Kev Lot Setbacks
STREET SETBACK LINES
MUST BE EQUAL
................._... _ _. ®� _ _
KEY LOT _
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YARD LINE I, I
REAR
LOT LINE I
Y I
0
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FRONT I
YARD LINE I
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P. Corner Lot Setbacks
STREET
SETBACK ONES
MUST BE EQUAL
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5-2-15
CHAPTER 5 — SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 —APPENDICES
Q. I eaSUrements — Lot Widths
T
Wh ME
LOT4dWIB&'TH
(A)
I,"RONT YARD
0dIdN010,46 UNE
mom YAPD
B.01 W071-4
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(D)
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(E)
5-2-16
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 - APPENDICES
R. Measurements — Lot Detath and Area
STREET STREET
1 n N u
LOT AREA IS CALCULATED
VVV E]fCLUDING ALLEYS AND
1 tl a I' STREETS
= LOT AREA MAY INCLUDE
1 EASEMENTS ON LOTS
O
1 tl Y 1
ALLEY
(A)
E'ASEMENT
S. Measurements — Side and Rear Setbacks
STREET STREET
FRONT YARD
BUILDING
BUILDING RESIDENTIAL AREA
AREA
wo STRUCTURE
BUILDING LINE
REAR YARD REAR YARD
NO ALLEY .. ..........................................
OR EASEMENT '~
(A) (B)
5-2-17
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
T. Measurements —Yards
FRONT
u,,,, F'I;,a7a 7'
uu
L4
FIC CXgT
I�IYxY'iW4V' �dz G4',d�" y '��
Rs MEET,NIPdI%'�,II!!ii tl
_.............. -."...... —
SIDE
REAR
STREET
S I IIE'I'
5-2-18
CHAPTER 5 - SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEUWAIVER, EFFECTIVE DATE/PUBLICATION, AND APPENDICES
SECTION 2 -APPENDICES
U. Measurements - Floor Area Ratio
�u
_. ................
I %1' ✓
E1,11,(„H, DRAYV11'4+ nLLU a1"RA'r'll:: FLOOR AP EA RATIO OF I �
V. Traffic Impact Analvsis Trip Generation
Category
Residential
Office
I�
Commercial
Industrial
Institutional
General trip activity; not to be applied as part of actual assessment. For a more inclusive list, consult
ITE or other recognized sources as approved by the Director of Planning.
GFA - gross floor area
Fuel Station - vehicle fueling position
Occ. Beds - occupied beds
5-2-19
Development
Trio Rate
Land Use
...............................Daly.......�
AM°Pk..H.r.....PM...P.k..Ar'
Units
Single -Family Detached
Dwelling Unit
9.57
0.75
1.01
Multi Family
,Dwelling Unit ..............
6.63...................
...............-
0.51
..................-..-. _-_--
0.62
ent ommu
Rene
Dwelling Unit
0.17
0.27
..tv....................................................
ral Office Building
0
11.01
1.56
1.49
Corooraie Headauarters
...1000GFA G...0................................._............................-..-..-.__..-...l
FA
7.72
1.47
1.39
B usiness Park
000 GFA
12.76
1.43
1.29
Medical Office Building
.............................
1000 GFA
36.13
11
2.43
3.66
Shopping Center
10 00 G.F.A
92
1.03
3.74
Qualitv Restaurant
.................................42m
1000 GFA
89.95
0.81
7.49
Fa11 st Food Restaurant
1000 GFA
496.12
49.86
33.48
High Turnover Restaurant
...m............................................................-..-.......
1000 GFA
130.34
9.27
10.86
Home Improvement....SupeStO
..Superstore ..............................................................
FA
35.05
1.48
2.87
Buildinq Materials/Lumber Store
1000 GFA
39.712.64
4.04
Convenience Store w/Gas Pumps
FA
1000 GFA
0
17.17
19.22
..........................................................� ...........
Drive -In Bank
1000 GFA
265.21
12.63
54.77
Hotel
Rooms
8.:.23........
0.56
0.61
..................
Supermarket
1000 GFA111.51
3.25
11.51
Movie Theater
.................................................
Seats
. ..............
--
--
0.14
G olf Course
Holes
35.74
2.22
2.74
General Light. Industrial1000
GFA
6.97
0.92
0.98
Manufacturina
1000 GFA
3.82
0.73
0.74
............................................-...................
Industri al Park
1000 GFA
6.96
0.89
0.92
Mini-Warehous..............................................................m.
e
1000 GFA
2.50
0.15
0.26
Elementary School
Students
1.02
0.29
Middle School
Students .........................1........................
.45
0.46
0.16
Hiah SchoolStudents
1.79
0.46
0.15
Dav Care Center .................................... ............._Students
4.52
0.81
0.86
Hospital
Beds
11.77
1.07
1.22
......w_.1 ......................
Nursing Home
..
Occ.Bmmm edsmmmm ......................
m ..._
0.19
0.17
Church
1000 GFA
9.11
0.72
0.66 1
General trip activity; not to be applied as part of actual assessment. For a more inclusive list, consult
ITE or other recognized sources as approved by the Director of Planning.
GFA - gross floor area
Fuel Station - vehicle fueling position
Occ. Beds - occupied beds
5-2-19