2026-36 O - Amending Chapter 14 Unified Development CodeTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-36
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 1.03.C, "APPLICATION PROCESSING," OF
ARTICLE 1, "GENERAL PROVISIONS," OF THE UNIFIED DEVELOPMENT
CODE OF THE TOWN OF PROSPER, TEXAS; AMENDING SECTION 2.04.E.2,
"COMMERCIAL (C) DISTRICT" OF ARTICLE 2, "ZONING REGULATIONS," OF
THE UNIFIED DEVELOPMENT CODE OF THE TOWN OF PROSPER, TEXAS;
AMENDING SECTION 2.07.D.25, "HOTEL, FULL SERVICE," OF ARTICLE 2,
"ZONING REGULATIONS," OF THE UNIFIED DEVELOPMENT CODE OF THE
TOWN OF PROSPER, TEXAS; AMENDING SECTION 2.08.117.3.a.i.,
"NONRESIDENTIAL LANDSCAPE AREA REQUIREMENTS" OF ARTICLE 2,
"ZONING REGULATIONS," OF THE UNIFIED DEVELOPMENT CODE OF THE
TOWN OF PROSPER, TEXAS; AMENDING SECTION 2.08.F.3.f., "OPEN
SPACE REQUIREMENTS" OF ARTICLE 2, "ZONING REGULATIONS," OF THE
UNIFIED DEVELOPMENT CODE OF THE TOWN OF PROSPER, TEXAS;
AMENDING SECTION 2.10.C.21, "NONRESIDENTIAL AND MULTIFAMILY
PARKING PROVISIONS," OF SECTION 2.10, "PARKING, CIRCULATION, AND
ACCESS," OF ARTICLE 2, "ZONING REGULATIONS, OF THE UNIFIED
DEVELOPMENT CODE OF THE TOWN OF PROSPER, TEXAS; AMENDING
SECTION 2.12.13.1, "GENERAL REQUIREMENTS," OF SECTION 2.12,
"OUTDOOR LIGHTING," OF ARTICLE 2, " ZONING REGULATIONS," OF THE
UNIFIED DEVELOPMENT CODE OF THE TOWN OF PROSPER, TEXAS;
AMENDING SECTION 4.02.G, "SERVICE USES," OF SUBDIVISION 4.02,
"LAND USE TERMS," AND SECTION 4.03.6, "TERMS E-K," OF SUBDIVISION
4.03, "TERMS DEFINED," OF ARTICLE 4, "DEFINITIONS," OF THE UNIFIED
DEVELOPMENT CODE OF THE TOWN OF PROSPER, TEXAS; MAKING
FINDINGS; 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 (the "Town Council"), has
investigated and determined that the Unified Development Code should be amended; and
WHEREAS, after public notice and public hearing as required by law, the Planning and
Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town's
Unified Development Code to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning and Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of the
Town of Prosper, Texas, has determined that it is in the public's best interest and in furtherance
of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town's
Unified Development Code as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SFCTI(]N 9
From and after the effective date of this Ordinance, Section 1.03.C, "Application
Processing" of Article 1, "General Provisions," of the Town's Unified Development Code, is hereby
amended by repealing Subsection C.5, "Payment of All Indebtedness Attributable to the Subject
Property," and replacing it with a new Subsection C.5, "Application Closure Procedure," to read
as follows:
"Article 1. General Provisions
1.03. Universal Procedures and Provisions
C. Application Processing.
5. Application Closure Procedure
a. If an application is under review and no revisions have been made
for a period five months or more, the applicant will be notified that
the project will be closed in 30 days.
b. The case may remain active if revisions that address the previous
Town comments are submitted prior to the completion of the 30-day
period.
SECTION 3
From and after the effective date of this Ordinance, Section 2.04.E.2, "Commercial (C)
District," of Article 2, "Zoning Regulations," of the Town's Unified Development Code is hereby
amended to read as follows:
"Article 2. Zoning Regulations
***
§ 2.04. Zoning Districts.
***
E. Nonresidential Zoning Districts.
2. Commercial (C) District.
ZONE-26-0010 Ordinance 2026-36, Page 2
a. 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.
b. Dimensional Standards
Commercial District
Height
Maximum Height 40 feet
Size of •
Minimum Lot Area 10,000 square feet
Minimum Lot Width
100 feet
Minimum Lot Depth
100 feet
Size of
Minimum Front Yard *
Yards
30 feet
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
Minimum Side Yard
approved Site Plan
40 feet for a one-story building adjacent to a residential
district and 60 feet for a two-story building adjacent to a
residential district
Minimum Side Yard (F, see Figure 2.04-30)
30 feet adjacent to a street
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
Minimum Rear Yard
approved Site Plan
40 feet for a one-story building adjacent to a residential
district and 60 feet for a two-story building adjacent to a
residential district
Other Dimensional
Maximum Lot Coverage
50%
Maximum Floor Area Ratio
0.5:1
*For properties within the Dallas North Tollway District, see Article 2.04.E.2.c. below.
ZONE-26-0010 Ordinance 2026-36, Page 3
C. Minimum Setbacks in the Dallas North Tollway District shall be as
follows:
1. Dallas North Tollway, US 380 and Frontier Parkway Front
Setback Zone
(a) Adjacent to US 380 and Frontier Parkway - Front
Setback of 50 feet.
(b) Adjacent to Dallas North Tollway — Front Setback of
60 feet.
(c) Subdistrict 3 (First Street Neighborhood) adjacent to
the Green Commons — Front Setback of 20 feet.
(d) Subdistrict 4 (Downtown West) adjacent to the
Green Commons — Front Setback of 20 feet.
2. Build -to Lines
(a) Streets with On -Street Parking —A build -to line shall
be required. The primary building facade shall be
built along the public or private street.
(b) Front Setbacks facing a Parks/Open Space — Front
Setback shall range between 18 feet and 24 feet
from the face of curb for the street that defines the
pocket park space.
(c) Non -Residential Buildings (buildings with non-
residential on the first floor) — The primary facade
shall be located on the block face (i.e. property line)
with a minimum 70 percent of the building being
adjacent to this build -to -line.
d. Other Regulations.
See Article 2.07 for permitted uses."
SECTION 4
From and after the effective date of this Ordinance, Section 2.07.D.25, "Hotel, Full
Service," of Article 2, "Zoning Regulations," off the Town's Unified Development Code, is hereby
amended to read as follows:
"Article 2. Zoning Regulations
§ 2.07. Permitted Uses and Use -Based Standard.
D. Conditional Development Standards.
25. Hotel, Full Service.
ZONE-26-0010 Ordinance 2026-36, Page 4
Full -Service Hotel developments shall be subject to the following
development standards:
a. External balconies and walkways shall be set back 200 feet from
any residential zoning district.
b. Shall provide management staff on -site 24 hours a day.
C. Shall provide at least four amenities from the list below:
i. Indoor/Outdoor Pool
ii. Spa/Sauna
iii. Weight Room/Fitness Center
iv. Playground
V. Sports Court
vi. Game Room
vii. Jogging Trail
viii. Other similar amenities as approved by the Director of
Development Services.
d. Shall provide a full -service restaurant offering three meals a day
with room service.
e. Shall provide a minimum total of 20,000 square feet of
meeting/event space.
f. No more than 5% of the total number of guest rooms shall have
cooking facilities.
g. All room units must be accessed through an internal hallway, lobby,
or courtyard.
h. A dual brand hotel could be considered subject to a Specific Use
Permit, subject to the following criteria:
i. The dual brands shall be either Full Service and Limited
Service or Full Service and Residence/Extended Stay.
ii. A minimum sixty (60) percent of the rooms shall be part of
the Full Service brand.
iii. Each of the two brands shall be the same chain.
iv. The Limited Service or Residence/Extended Stay portion of
the hotel must comply with the requirements of its
conditional development standards as found in this section,
namely Article 2.D.26 and Article 2.D.27. There are no
limitations on the location of a Residence/ Extended Stay
hotel when part of the dual brand.
V. The required amenities for each type of hotel must be
provided, and no single amenity can be counted for both
brands. However, it is permissible for the guests of both
brands to use all the amenities.
vi. The hotel shall be designed to appear as one hotel with
similar architectural style and articulation for both brands.
ZONE-26-0010 Ordinance 2026-36, Page 5
SFCTIC)N 5
From and after the effective date of this Ordinance, Section 2.08.F.3.a.i, "Nonresidential
Landscape Area Requirements," of Article 2, "Zoning Regulations," of the Town's Zoning
Ordinance, is hereby amended to read as follows:
"Article 2. Zoning Regulations
***
§ 2.08. Landscaping.
***
F. Landscape Area Requirements.
***
3. Nonresidential Landscape Area Requirements.
These standards apply to all nonresidential uses. Any area within a PD
containing landscaping standards shall comply with the standards set forth
in the PD district.
a. Perimeter reauirements:
A landscaped area consisting of living trees (as specified
below), turf, or other living ground cover and being at least
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.
(a) The landscaped area may be reduced to 15 feet for
the portion of a property adjacent to a collector or
equivalent street as defined by the Town of Prosper
Thoroughfare and Circulation Designs Standards.
(b) The landscaped area shall be increased to 30 feet
for properties adjacent to Preston Road, University
Drive, and Frontier Parkway, and 60 feet for
properties adjacent to the Dallas Parkway.
(c) One large tree, 3-inch caliper minimum per 30 linear
feet of roadway frontage shall be planted within the
required landscape area. The trees may be planted
in groups with appropriate spacing for species.
(d) For new development in Downtown Prosper, one
large tree, 3-inch caliper minimum per 30 linear feet
of roadway frontage, excluding the width of
driveways at the property line, shall be planted within
the required landscape area. Where the width of the
ZONE-26-0010 Ordinance 2026-36, Page 6
roadway frontage is greater than 80 feet, excluding
the width of driveways at the property line, the
number of large trees may be planted at a rate of
one, 3-inch large tree per 40 feet of roadway
frontage, in lieu of the required one tree per 30 linear
feet. The trees may be planted in groups with
appropriate spacing for species. In Downtown
Prosper, the substitution of three small, ornamental
trees for one large tree shall not be permitted.
(e) A minimum of 15 shrubs with a minimum size of 5
gallons each will be planted in the landscaped area
for each 30 feet of linear frontage.
(f) Parking abutting the landscape area shall be
screened from the adjacent roadway. The required
screening may be accomplished with shrubs or
earthen berms.
(g) Unless parking is adjacent to a street, shrubs are not
required in the landscape area in Downtown
Prosper.
(h) Required landscape areas adjacent to public streets
shall be planned around existing obstacles and shall
not include easements or other restrictions which
could inhibit planting, growth, or permanence of
landscaping.
(i) Berms ranging in height from 3 feet to 6 feet, and an
overall minimum average of 4.5 foot, shall be
required along US 380, Frontier Parkway/FM 1461/
Parvin Road, Custer Road/FM 2478, Preston Road,
Dallas Parkway, and FM 1385.
0) Within the Dallas North Tollway District:
1. Adjacent to Dallas North Tollway:
a. Three (3) offsetting rows of six (6)
inch caliper minimum (at the time of
planting) evergreen trees.
b. The trees will be planted on thirty-six
(36) foot centers in the north/south
direction and placed as tightly as
possible in the east/west direction.
C. Include pleasant landscape ground
plain with pedestrian trail
connections.
2. Major and Minor Thoroughfares:
a. One (1) large tree, four (4) inch
caliper minimum (at the time of
ZONE-26-0010 Ordinance 2026-36, Page 7
planting) per twenty-five (25) feet of
linear roadway frontage shall be
planted within the required
landscaped area.
b.
The trees may be planted in groups
with appropriate spacing for species.
C.
Shrub plantings shall be provided at
a minimum rate of twenty-two (22)
shrub plantings per thirty (30) linear
feet with a minimum size of ten (10)
gallon at the time of planting.
d.
Parking abutting the landscaped area
shall be screened from the adjacent
roadway. The required screening
shall be with shrubs or earthen
berms.
e.
During the review of development
proposals, additional landscaping
features such as berms or hardscape
elements for enhanced beautification
of the Tollway District may be
required.
3. Retail and Grocery Stores
a.
One (1) additional tree shall be
planted for each 100 linear feet of
frontage.
b.
Trees shall be a minimum 4-inch
caliper.
C.
Trees may be placed in planters.
SECTION 6
From and after the effective date of this Ordinance, Section 2.08.F.3.f, "Open Space
Requirements," of Article 2, "Zoning Regulations," of the Town's Zoning Ordinance, is hereby
amended to read as follows:
"Article 2. Zoning Regulations
***
§ 2.08. Landscaping.
***
F. Landscape Area Requirements.
***
3. Nonresidential Landscape Area Requirements.
ZONE-26-0010 Ordinance 2026-36, Page 8
These standards apply to all nonresidential uses. Any area within a PD
containing landscaping standards shall comply with the standards set forth
in the PD district.
Open Space Requirements.
iii. Open space in the Dallas North Tollway District is to be
designed in a network as represented in Exhibit 2 of the
Dallas North Tollway District Development Standards and
comply with the following:
(a) Within each new development, a minimum of three
amenities shall be provided within an open space in
accordance with the list in Article V. ii. above, with at
least one being a major amenity.
(b) Open spaces shall be visible and easily accessible
from public areas such as building entrances and
adjacent streets and sidewalks.
(c) Ample seating shall be provided, including walls,
ledges, and other raised surfaces which can serve a
similar purpose.
(d) Active uses such as retail, cafes, restaurants, higher
density residential and office uses which provide
pedestrian traffic should be considered as
appropriate uses to line parks and open spaces.
(e) In addition to the open space framework shown on
Exhibit 2, development plans shall take the goals
and objectives of the Town's Bike and Trail Master
Plan into consideration when planning for new parks
and open space amenities.
(f) Whether a park/open space is a public facility or
publicly accessible under private ownership will be
determined during the site plan approval process.
(g) Design issues and opportunities will be confirmed
through the final site plan approval process.
(h) Subdistrict 1
(i) Prominent open space should be readily
visible from the Dallas North Tollway to serve
as an entry gateway and be a feature around
which buildings are sited. The length of the
open space should be proportionate with the
buildings it serves and create notable space
from Dallas North Tollway.
(ii) Develop a water feature (central lake)
surrounded by trees and trails in the
development on the east side of the Dallas
North Tollway, south of First Street.
(i) Subdistrict 2
(i) The Parvin Branch drainage feature north of
First Street shown on Exhibit 2 is envisioned
to be a continuous green open space that
ZONE-26-0010 Ordinance 2026-36, Page 9
provides the adjacent neighborhood with
active programming and respite.
(ii) Within non-residential development south of
First Street and east of Legacy Drive, the
existing drainage and retention basin should
be preserved, enhanced, and amenitized as
an open space feature.
Q) Subdistrict 3
(i) Provide open space at the hard corner at the
intersection of First Street and the Dallas
North Tollway approximately 100 feet by 150
feet to be designed for pedestrian activity.
(iii) Provide open space in the form of pocket
parks within the development for passive
pedestrian use.
(k) Subdistrict 4
(i) The Parvin Branch waterway south of Safety
Way shall be a continuous green open space
with a central retention pond features.
(ii) Intermingle pocket parks into the
neighborhood(s).
(iii) Provide a green commons in the retail village
area.
(iv) Create a central pocket park at the silo
designed so the adjacent streets may be
shut down during events.
(1) Subdistrict 5
(i) A central vehicular feature around the
existing drainage area is envisioned to work
with the existing site natural features. It
should use heavy landscaping and provide
connection to a larger pedestrian trail
system.
(m) Subdistrict 6
(i) Provide a parklet space at the northeast
corner (hard corner) of Prosper Trail and the
Dallas North Tollway that can be utilized and
accessed by restaurants and other similar
non-residential uses.
(ii) Provide small pocket parks intermingled into
the development framework as rectangular
spaces with streets around them and
roundabouts with central greens.
(iii) Special artwork should be considered given
the visual prominence of their locations
within the community plan.
(n) Subdistrict 7
(i) Prominent open space should be readily
visible from the Dallas North Tollway to serve
as an entry gateway and be a feature around
which buildings are sited.
ZONE-26-0010 Ordinance 2026-36, Page 10
(ii) The interior of roundabouts shall be
designed for passive pedestrian use and
landscaped.
(iii) Special artwork should be considered given
the visual prominence of their locations
within the community plan.
**WI
SECTION 7
From and after the effective date of this Ordinance, Section 2.10.C, "Nonresidential and
Multifamily Parking Provisions," of Section 2.10, "Parking, Circulation, and Access," of Article 2,
"Zoning Regulations," of the Town's Unified Development Code, is hereby amended to add a new
Subsection 21, to read as follows:
"Article 2. Zoning Regulations
§ 2.10. Parking, Circulation, and Access.
C. Nonresidential and Multifamily Parking Provisions.
21. Nonresidential parking within the Dallas North Tollway District shall comply
with
the following standards:
(a)
Parking shall be provided on the side or rear of the primary buildings
within new development to minimize visibility.
(b)
Parking lots shall be screened through building and landscape
placement and through creating parking "courts" that are entered
versus seen directly from the public street.
(c)
Surface parking shall be designed to promote a pleasant pedestrian
experience with special design features and landscaped pedestrian
ways.
(d)
A maximum of two rows of parking is permitted in the front of the
buildings along the Dallas North Tollway, except adjacent to the
Green Commons in the Subdistrict 3 (First Street Neighborhood),
Subdistrict 4 (Downtown West), and Subdistrict 6 (Prosper Trail
Neighborhood), as represented on Exhibit 2 of the Dallas North
Tollway District Guidelines, where no parking will be allowed
between buildings and the street.
(e)
Shared parking agreements for adjacent properties are acceptable
where they:
(i) include a business pursuant to the Town's vision,
(ii) there is a written agreement between property owners that
clearly stipulates the terms of the joint use of the parking
spaces, and
(iii) the spaces must be committed and available to the
respective users on a non -conflicting bases.
ZONE-26-0010 Ordinance 2026-36, Page 11
(f) Parking garages shall follow the parameters below:
(i) located behind or to the side of the primary building,
(ii) shall have an architecturally finished facade complementary
to the surrounding buildings with enhanced articulation on a
facade facing the street.
(iii) Street front openings in parking structures should not
exceed 55 percent of the facade area, excluding the top
floor if the garage is unroofed.
(v) Where possible, the narrower facade of the parking garage
should be oriented to the street."
SECTION 8
From and after the effective date of this Ordinance, Section 2.12.13.1, "General
Requirements," of Section 2.12, "Outdoor Lighting," of Article 2, "Zoning Regulations," of the
Town's Unified Development Code, is hereby amended by adding a new Subsection I to read as
follows:
"Article 2. Zoning Regulations
§ 2.12. Outdoor Lighting.
B. General Requirements.
1. The following standards shall apply to all exterior lighting except
public street lighting and other lighting that is specifically exempted
by this section.
I. Jellyfish style permanent outdoor string lighting shall comply
with the following:
i. It is limited to residential structures;
ii. It shall be limited to the under the eaves of a
residential structure;
iii. It shall not flash or strobe in such a way as to
unreasonably harm or restrict public health, safety,
and welfare or create a nuisance; and
iv. The lighting shall not operate between the hours of
12:00 PM and 6:00 AM."
SECTION 9
From and after the effective date of this Ordinance, Section 4.02.G, "Service Uses," of
Subdivision 4.02, "Land Use Terms," and Section 4.03.B, "Terms E-K," of Subdivision 4.03, "Terms
Defined," of Article 4, "Definitions," of the Town's Unified Development Code, are hereby amended
to read as follows:
ZONE-26-0010 Ordinance 2026-36, Page 12
"Article 4. Definitions.
§ 4.02. Land Use Terms.
G. Service Uses.
29. Hotel, Dual Brand: A dual brand hotel combines two hotel brands, one of
which is a full service hotel, from the same hotel chain into one building.
Each brand operates separately with its own identity but must have a
shared lobby and check -in desk. The brands may also share services such
as laundry facilities, food and beverage facilities, and amenities.
§ 4.03. Terms Defined.
B. Terms E-K
194. Jellyfish Lighting - a permanent, color -changing LED lighting
system designed for the exterior of residential homes.
SECTION 10
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 11
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
ZONE-26-0010 Ordinance 2026-36, Page 13
SECTION 13
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25th DAY OF AUGUST, 2026.
David F. Bristol, Mayor
ATTEST:
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S1 "'a U'tj
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
ZONE-26-0010 Ordinance 2026-36, Page 14