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84-16 O - Zoning Ordinance Entire Zoning Code 1984
1 CITY OF u 0 1 1 Zoning Ordinance 84-16 1 i • • 1 r� CITY OF PROSPER, TEXAS COLLIN COUNTY � � ZONING ORDINANCE Lm MAY 1984 • PREPARED BY GUTIERREZ SMOUSE, WILMUT & ASSOC., INC. • (�ii CIVIL / ENVIRONMENTAL ENGINEERS DALLAS, TEXAS t 1 }, 'Pf/T7i-AICA:ir.�.I•:/!�n'.ri••.i�•�:rrii�r.:�•1r••:..-�.. �...-._.-..... ...... .. ..--"- - --- -- - - - J E7 u CITY OF PROSPER, TEXAS ZONING ORDINANCE May 1984 Prepared by: Gutierrez, Smouse, Wilmut & Assoc., Inc. Civil/Environmental Engineers Dallas, Texas to ` GUTIERREZ. $MOUSE, WILMUT G ASSOC. INC. -J 71 0 0 i J TABLE OF CONTENTS PROSPER ZONING ORDINANCE Page No. Section 1: Title 1 Section 2: Purpose 1 Section 3: Classification of Zoning Districts 1 Section 4: Automobile Wrecking Yards 2 Section 5: Zoning District Map 2 Section 6: Temporary Zoning Newly Annexed Territory 2 Section 7: Zoning District Boundaries 3 Section 8: Compliance Required 4 Section 9: Use of Land and Buildings 4 Section 10: Area Regulations 33 Section 11: Height Regulations 42 Section 12: Off -Street Parking and Loading Regulations 43 Section 13: Sign Regulations 47 Secti.on 14: Special Area and Accessory Building Regulations 49 Section 15: Fence and Wall Regulations 50 Section 16: Storage, Serving and Consumption of Alcoholic Beverages 52 Section 17: Creation of Building Site 52 Section 18: Platting Property Not Permanently Zoned 53 Section 19: Site Plan Approval 53 Section 20: Nonconforming Uses and Structures 54 Section 21: Board of Adjustment 55 Section 22: Certificate of Occupancy and Compliance 58 40 ` GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. Page No. Section 23: Completion of Building Under Construction 58 Section 24: Amendments 59 Section 25: General Definitions 60 Section 26: Penalty for Violations 65 Section 27: Preserving Rights in Pending Litigation and Violations Under Existing Ordinances 65 Section 28: Savings Clause 66 Appendix 67 0 El 0 J 0 GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. 0 u 0 El �7] 0 SECTION 1: TITLE This ordinance shall be known as, and may be cited and referred to as the "ZONING ORDINANCE OF THE CITY OF PROSPER, TEXAS." SECTION 2: PURPOSE The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the City of Prosper, Texas. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide 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, park and other public requirements. They have been made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 3: CLASSIFICATION OF ZONING DISTRICTS The City of Prosper is hereby divided into seventeen zoning districts. The regulations as set out herein are uniform throughout each district. The districts established herein shall be known as: Abbreviated Zoning District Designation Agricultural District A Single -Family Estate District - E SF-E Single -Family Residence District - 1 SF-1 Single -Family Residence District - 2 SF-2 Single -Family Residence District - 3 SF-3 Single -Family Attached Residence District SF -A Two -Family Residence District 2F Multiple -Family Residence District - 1 MF-1 Multiple -Family Residence District - 2 MF-2 Mobile Home District MH Office District 0 Neighborhood Service District NS Retail District R Commercial District C Community Center District CC Industrial District I Planned Development District PD Recreational District REC GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. 0 0 C, r'i U SECTION 4: AUTOMOBILE WRECKING YARDS No property located within the corporate limits of Prosper, Texas shall be used and no building shall be erected for or converted to be used as an automobile wrecking yard, junk yard, salvage storage, scrap metal storage yard or wrecking material yard. SECTION 5: ZONING DISTRICT MAP The boundaries of the Zoning Districts set out herein are delineated upon the Zoning District Map of the City of Prosper, Texas, said map being hereby adopted as part of this Ordinance as fully as if the same were set forth herein in detail. Three (3) original, official and identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the City Secretary and shall be filed and maintained as follows: 1. One copy shall be retained as the original record and shall not be changed in any manner. 2. One copy shall be filed with the Planning and Zoning Commission and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation in issuing Building Permits, Certificates of Occupancy and Compliance and for enforcing the Zoning Ordinance. 3. A second copy shall be maintained in the records of the Planning and Zoning Commission for reference purposes and shall be maintained up to date by posting thereon all changes and subsequent amendments. 4. Reproductions for information purposes may, from time to time, be made of the official Zoning District Maps. SECTION 6: TEMPORARY ZONING - NEWLY ANNEXED TERRITORY All territory annexed to the City hereafter shall be temporarily classified for SF-1 Single -Family Residence District-1 purposes only until permanently zoned by the governing body of the City. The City Planning and Zoning Commission shall, as soon as practicable after annexation of any of the territory to the City, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. 2 V ` GUTIERREZ. SMOUSE. WILMUT G Assoc. INC. 0 F-I 40 i In an area temporarily classified for SF-1 Single -Family Residence District-1 purposes only, no permit for the construction of a building other than a single family dwelling or accessory building shall be issued by the Building Inspector until such permit has been specifically authorized by the City Council under the following conditions: An application for any use shall be made to the Planning and Zoning Commission, said application to show the use contemplated, a plat showing the size of the lot or tract of land being used, and the location of and the size and type of building to be constructed, and if such application is for other than a single family dwelling or accessory building related thereto, it shall be referred to the City Planning and Zoning Commission along with its recommendation to the City Council after giving due consideration to the type of permanent zoning to be applied to the area in which the application is located. Whenever such a recommendation is filed with the City Council, it shall be advisory only and the City Council may grant or deny it as the acts justify. SECTION 7: ZONING DISTRICT BOUNDARIES 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 Maps, the following rules shall apply: a. Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of such street, highway or alley. b. Boundaries indicated as approximately following platted lot lines shall be construed as following such 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 the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines. e. Boundaries indicated as following the shore line of lakes shall be construed to follow such shore line and in the event of change in the shore line, shall be construed as moving with the actual shore line. f. Boundaries indicated as approximately following the centerlines of streams, drainage ways or other bodies of water shall be construed to follow such centerlines. g. Boundaries indicated as parallel to or extensions of features indicated in Section 7.a. through 7.f. above shall be so construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the Map. 3 V. GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. 40 0 n h. Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever street or alley 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 area so involved shall then and henceforth be subject to all regulations of the extended districts. i. Where physical features of 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 of Section 7.a. through 7.h. the property shall be considered as classified SF-1, Single -Family Residence-1, temporarily. SECTION 8: COMPLIANCE REQUIRED All land, buildings, structures or appurtenances thereon located within the City of Prosper, Texas, which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided. SECTION 9: USE OF LAND AND BUILDINGS Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used or used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses: LEGEND FOR INTERPRETING SCHEDULE OF USES ® Designates use permitted in district indicated ❑ Designates use prohibited in district indicated. aDesignates use may be approved as Specific Use Permit in Accordance with 9.B. Number occuring in parentheses () after type of use refers to Definitions and Explanatory Notes, 9.F. 4 0 ` GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. 0 SINGLE-FAMILY DWELLING DETACHED SINGLE-FAMILY DWELLING ATTACHED to TWO-FAMILY DWELLING MULTIPLE -FAMILY DWELLING COMMUNITY UNIT DEVELOPMENT BOARDING HOUSE OR ROOMING HOUSE 40 HOTEL OR MOTEL MOBILE HOW PARK MOBILE HOME SUBDIVISION ACCESSORY BUILDING AGRICUL- TURAL ACCESSORY BUILDING RESI- DENTIAL ACCESSORY BUILDING OR USE, BUSINESS OR INDUSTRIAL BUILDING MATERIAL YARD AND CONSTRUCTION OFFICE CARETAKER OR GUARD RESIDENCE FIELD OFFICE TEMPORARY NOW OCCUPATION OFF-STREET PARKING INCIDENTAL TO "MIN USE STABLE, PRIVATE SWIMMING POOL, PRIVATE W W 0 J1- JO J6 J� JO tLO 1� C ► w j as r Z z u 5 PRIMARY RESIDENTIAL USES ACCESSORY AND INCIDENTAL USES L7 0 IVNO I1VU03L is 1N3WdOl3A30 03NNVld UNIS(IONI U1133 AlINNW03 IVIO113M OO 1IV1311 33I AUS OOOHbOSH9I 3N V7 33IAAO N _ �i 3WOH 31ISOW W H 2-33N30IS3H a AIIWV3 3ldIlInW a T 1-33N30IS3a .~. AIIWVA 3141MW .J. 33N30IS3V AIIWV3 OMl 03H3V11V-33N30IS3)1 AIIWV3 319NIS E-33N30IS3d AIIWV3 3719NIS Z-33N30IS3N AIIWVA 31914IS 1-33NMISR AIIWtl3 319NIS 30N30IS3'd 31V1S3 AIIWVA 319NIS lvbnllt13Ia9V l to 7-1 4 C J = U ~ Q v C7 ^ G K W N N T^ � � 2 t9 W 4{�J/ .H C= WU' W 5 f- su J W O V1 K U O O. Vf w C71- C H O N d t7 W �Z-. J N W O t7 V .H.. Z ~ Z = Qr NG .L..N c. Y _ C Q~ C: tl 4 ~O Gt7 O t�i ZS T-. of CC.7 F- C Q C v C> V1 r O J C Ci W 6: F- U- W G >�"' JJW ^W C W W J^ W W a W 7 O J J rC C O G to C 3 A r o W R' t2 J rJ+ EN 'J-. f~ � 1� H Fri T� Qi T i �~ f W N gn g U F Q O J Q W W C Q W WWW Q W W Q W W Q W W W J W O_ = M .J. Oz JF- Z JD Z JD Z JD {W{I� Z JD i Z IQLw Z r�iC _ j 2: r~ WO W W co U d' ... Z F- W O Q (m Q i7 rr t7 r-y ZN d 2 MN t9 2 �N 2 ON _ JN _ JN nJi co H o-.�w W � N O An Z J W ZW C Q N W N K N K N K N C H K K C (W� O Z N K CD O O C EDUCATIONAL, INSTITUTIONAL & SPECIAL USES CEMETERY OR MAUSOLEUM CHURCH OR RECTORY COLLEGE OR UNIVERSITY CONVENT OR MONASTERY COMMUNITY CENTER PUBLIC EXHIBITION AREA OR FAIRGROUNDS FATERNAL CLUB OR LODGE KINDERGARTEN OR NURSERY SCHOOL HOME FOR SENIOR CITIZENS OR NURSING HOME HOSPITAL, ACUTE CARE HOSPITAL, CHRONIC CARE INSTITUTIONS FOR ALCOHOLIC, NARCOTIC OR PSYCHIATRIC PATIENTS INSTITUTIONS OF RELIGIOUS CHARITABLE OR PHILANTHROPIC NATURE MUSEUM, LIBRARY OR ART GALLERY (PUBLIC) SCHOOL, BUSINESS SCHOOL, COMMERCIAL TRADE SCHOOL, PUBLIC OR DENOMI- NATIONAL 0 0 AYJSEMENI, COM4ERCIAL I INDOOR) AMUSEMENT, COM4ERCIAL (OUTDOOR) CARNIVAL OR CIRCUS (TEMPORARY) COUNTRY CLUB (PRIVATE) DAY CAMP FOR CHILDREN DRAG STRIP OR COMMERCIAL RACING GOLF COURSE PRIVATE (COMERCIAL) GOLF COURSE PUBLIC PARK OR PLAYGROUND (PUBLIC) PLAYFIELD OR STADIUM (PUBLIC) RECREATION CENTER (PUBLIC) RODEO GROUNDS SWIM OR TENNIS CLUB (PRIVATE) SWIMMING POOL PRIVATE (COWERCIAL) S+IIM4I'RG POOL (PUBLIC) TH_ATR IN BUILDING THEATER (DRIVE-IN TYPE) BAIT 6 SPORTING GOOD SALES "'DE R;?IC9 WITH HOTEL OR k'OTcL FACILITIES DUDE RA,14CH WITHOUT HOTEL OR MOTEL FACILITIES SHOOTING RANGE (COMT4ERCIALi 0 W C U U > Y W F- J O W J G r N f•I G G "" G N W O U sl O G W d W <W C W Q W J_W LL r L• C J LL U 2 U. U Z LL U 2 LL U 2 U i Z W U W U J 2 J 2 S 9^' W I-)1' M 7 W W U Jf- W W JO W W JO Whcyy J O W W -12 dW L. O �W �W O O W J W H coU S r � W N d J W c:J Q cm r CD r c.:1 r c.:1 r .., f. r r ... J J N .-. > C 6 ►- i s O O 2 W C <> U 2 H V 7 E W M N W � IA W � V 1 W O V I 3 W N 7W ' O W ¢I O LL LL W W W O O 2 W viw N Q W VI C VI C VI CrVI N C U U G. ¢ RECREATIONAL AND ENTERTAINMENT USES Jam/©©©©©®®�■�\ '\ � �L © LA L mmmmmmmmmmmmmmmm Mmmmmmmmmmm"ML T U■ L JL J r- ir i�ir" c �c IF I\ �c -I L J\ mmmmmi3ma■■- J J rlmmmmm� IBM ir- L 13 nr ; 11 . 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Y W CJ Q O Vf ¢ O CD W Q In inO 6 O O m C y zp V Qw f.7 W W W W O ¢¢d' C CD 4 8~ N ¢¢ U ¢ C7 S p _ W O LL O ¢ J O O ¢ 1 O W SJ Q ¢ in 1� O �� 7 r ¢ o O H O ¢ O r'. ¢ O p Q O F- &A< C7 � F- W O Z � C 2 S d W V K 3 10 • • ANTIQUE SHOP ART SUPPLY STORE BAIT AND SPORTING GOODS (SALES) BAKERY OR CONFECTIONERY SHOP (RETAIL) BANK OR SAVINGS AND LOAN BOOK OR STATIONARY STORE OR NEWSSTAND CLEANING AND PRESSING SHOP (SMALL SHOP AND PICK-UP) CUSTOM PERSONAL SERVICE CLINIC, MEDICAL, DENTAL OR DOCTOR'S OFFICE DEPARTMENT OR VARIETY STORE DRUG STORE OR PHARMACY FLORIST OR GARDEN SHOP FURNITURE OR APPLIANCE STORE FOOD AND BEVERAGE SALES STORE GREENHOUSE OR PL4'jT NURSERY (RETAIL SALESI HAN-OCRAFT SHOP AND ART O .;=CTS HARDWARE STORE OR HOBBY SHOP HOUSEHOLD APPLIANCE SERVICE AND RE?AIR R"'AIL' 40 KEY SHOP 0 H LL C J O W W V G7Q H C7 V 1 Q N W LL V Z W W U' N W NC LL W W C O Z N �-" W NC W W g2 nZ+ N W Vf= W W W g2 Z VI ^' W N= LL0 O V7 3 W F-C W rO_ J t/1 W EC LL u. � W r 0 J In W i c' W J_ m O Y W U_ LL U. O CCO C t ;' "" d' W W ZIn Q W ¢ W O U y. U pp F O O Z F C {{yy o Z W K 4> V W W C of RETAIL AND SERVICE TYPE USES 11 c r It,1J0IIV3603H 1143WdO1300 40 03NNVld IVI211S(10NI N31N30 AlINnWW00 IVI3a3WWOO 1I V13N 30IAHS 000HHOOH9I3N 30I330 is 340H 31I SOW Z-33N30IS311 AIIWV3 3ldIlInW I-33N30IS3H AIIWVA 3ldIlInW 33N30IS3H AIIWV3 OMl 03H3V11V-30N301S3H AIIWV3 319NIS E-33N30IS3N AIIWV3 319NIS Z-33N30ISU AIIWVA 319NIS I-33N30IS3N AIIWV3 319NIS 30N30ISA 31V1S3 AIIWV3 319NIS 0 i c C> c < Z W o fS a () Z K m t¢L Q Q 2 J U U w� N J J -W i ac 8 CDp Q S t..1 cm N g C W C' C w Q w O Lw W w 0 w S F- i— W � 12 0 rl r 0 W r O U i of CW g l 4W i 1 6 W g l Q G J J W O c Z Z Q W WIN W ZD U cl � Q JO U' J 0 JG JO "" M 7 W O W O W W W C O 2 Z W J W C W Q ►. 1/f V, W W NC "" y,, N K ^ W NC NC f' C iC E C i C. O Z H COhTdERCIAL TYPE USES BAKERY OR CONFECTIONERY (WHOLESALE) BOTTLING WORKS BUILDING MATERIAL SALES AND YARD CABINET AND UPHOLSTERY SHOP CLEANING, DYEING OR LAUNDRY PLANT CLOTHING OR SIMILAR LIGHT MANUFACTURING CONTRACTOR STORAGE OR EQUIPMENT YARD S LABORATORY, MANUFACTURING LABORATORY, SCIENTIFIC AND S RESEARCH I S LITHOGRAPHIC OR PRINT SHOP MACHINERY, FARM TYPES, SALES AND DISPLAY MACHINERY, HEAVY TYPES, SALES AND DISPLAY MAINTENANCE AND REPAIR SERVICE FOR BUILDINGS, ETC. PAINT SHOP I I PLUMBING SHOP STORAGE WAREHOUSE I I TRAILER OR MOBILE HOME SALES OR RENTAL VETERINARIAN'S OFFICE ONLY I I I I (NO ANIMAL HOSPITAL) YEicRINARIAN HOSPITAL (I,ISIDE i I ANIMAL PENS ONLY) VETERINARIAN HOSPITAL I I I I I I (OUTSIDE ANIMAL PENS) WELDING OR MACHINE SHOP I I 13 r l J 0 F] ADVERTISING SIGN AGRICULTURAL SIGY APARTMENT NAME SIGN CONSTRUCTION SIGN DEVELOPMENT SIGN GENERAL BUSINESS SIGN INSTITUTIONAL SIGN NOBILE HOME PARK SIGN NAME PLATE OFFICE IDENTIFICATION SIGN REAL ESTATE SIGN SPECIAL HEIGHT SIGN ANIMAL POUND (PUBLIC OR PRIVATE) ANIMAL FEED LOT FARM ORCHARD OR TRUCK GARDEN GREENNOUSE OR PLANT NURSERY (COMMERCIAL) HATCHERY, POULTRY KENNEL LIVESTOCK AUCTION POULTRY FEEDING BUILDING AND GROUNDS Z 0 ! J Z M JO � JO LLO O � J U NW NOC NC NOL N6' F-K SK �C S O �N C H H � O CC SIGN AND IDENTIFICATION USES ANIMALS ADD PLANTS L _ AL AL I\ /► /► /► /► /► /► /M, J► AL .M. .\ AL- /►. ©MMMMMMMMMMMMMML ©■■■■■■■■■■MMMML .AL ..A I\ IM ©■■■■■■■■■■■.■■©■■ ©■■■■■■■■■■■■EML I■■ 14 U 0 Lu U Y Y K Y W 4 to Y Z I Y Z I Y g l Y IQ-• J J Z, 1 Y U- 1 W I _ W W W Z J Y. U Z w V Z W !a_ U Z Q W _J W U U W U W V W Z Z 2 JZ JZ ¢1M ,JQ.. V C i C F O • U WJJ t� Q W �Oy CJ1 n•. WJ y� (�O W W �G W W Q y,� � W r W H ,J.. �O tpoL G r O Y OO Z tn Z J W Q N N W .Z+ W 4 A nZ-. W rZ•. W {y ►Z. W i W W R C O Z Ln C U U Z cmK NATURAL RESOURCE STORAGE AND EXTR.ACTION EARTH, CLAY OR TOP SOIL EXTRACTION, BORROW OR STORAGE PETROLEUM OR GAS WELL PETROLEUM STORAGE AND COLLECTING FACILITIES SAND, GRAVEL STRIPPING OR MINING QUARRY OR MINING ASPHALT OR CONCRETE BATCHING is PLANT (PERMANENT) ASPHALT OR CONCRETE BATCHING PLANT (TEMPORARY) DUMP OR SANITARY LAND FILL AREA OPEN SALVAGE YARD (RAGS, 40 IRON, VEHICLES, ETC.) MEN m ammm m m NONE BEEN SEEM 13 m NOME]= OEM EMMONS SPECIAL INDUSTRIAL PROCESSES m MEN _AL:m mr, Imm m IL 0 EM 13 mmmmm M mmoommomm mm: MANUFACTURING OR INDUSTRIAL USES OR PROCESSES AS DETERMINED BY SECTION 9 PERFORMANCE STANDARDS ANY MANUFACTURING OR INDUS- TRIAL USE OR PROCESS WHERE QUESTIONS OF HAZARD OR OBJ-ECTIONABLE SMELL, VIEW OR SIMILAR FEATURES ARE DETER- MINED TO BE LIKELY TO EXIST to PRIVATE CLUB AS DEFINED BY SEC. 9. 40 GENERAL MANUFACTURING AND INDUSTRIAL USES SS ■ 15 PRIVATE CLUB 0 40 71 A CLASSIFICATION OF NEW AND UNLISTED USES It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Prosper. 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: 1. The question of any new or unlisted use shall be referred to the Planning and 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 the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation require- ments, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 2. The Planning and 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 after public hearing determine the zoning district or districts within which such use should be permitted. 3. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate after giving consideration to the facts and recommendations. SPECIFIC USE PERMITS The City Council of the City of Prosper, Texas, after public hearing and proper notice to all parties affected and after public hearing and recommendation by the Planning and Zoning Commission may authorize the issuance of specific use permits for the uses indicated by "S" in the use schedule. The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance of this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a Specific Use Permit, the City Council may impose such develop- 16 GUTIERREZ, SMOUSE, WILMUT G A5SOC. INC. 0 7] .0 ment standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions. All Specific Use Permits approved in accordance with the provisions of this Ordinance in its original form or as hereafter amended shall be referenced on the Zoning District Map and a list of such permits shall be maintained in an Appendix attached to this ordinance. C. PD, PLANNED DEVELOPMENT DISTRICT - USES PERMITTED The City Council of the City of Prosper, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of the following types of Planned Development Districts: 1. Shopping Center on tracts of three (3) acres or more. 2. Housing Development on tracts of five (5) acres or more. 3. Industrial Parks or Districts on tracts of ten (10) acres or more. 4. Medical Center and/or Hospital. 5. Civic Center and/or Community Center. 6. Office, Motel or Hotel Center on tracts of one (1) acre or more. 7. Planned Unit Development on tracts of thirty (30) acres or more. 8. Recreation Center. 9. Research Park or Scientific Research Center. 10. A combination of any of the developments listed in l to 9 or a combination of specific uses as listed for the Planned Develop- ment District in the Use Schedules. In establishing a Planned Development District in accordance with this section, the City Council shall require a comprehensive site plan of the development. Such site plan shall be approved and filed as part of the Ordinance prior to the issuance of any building Permit in a Planned Development District. Such required plan and Ordinance shall set forth the requirements for ingress and egress to the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, yards and open spaces, screening walls or fences, landscaping and other development and protective requirements including maintenance considered necessary to create a 17 GUTIERREZ, $MOUSE, WILMUT G ASSOC. INC. 0 Ali r a 0 G reasonable transition to and protection of the adjacent property. A single- family residence may be constructed on a platted lot of record located in a Planned Development District without approval of a site plan other than as required for a normal Building Permit. Every Planned Development District approved under the provisions of this Ordinance shall follow the procedure for and be considered as an amendment to the Ordinance as applicable to the property involved. In approving the planned Development District, the City Council may impose conditions relative to the standard of development and such conditions shall be complied with before a Certificate of Occupancy is issued for the use of the land or any structure which is part of the Planned Development District and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy. All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form or by subsequent amend- ments thereto shall be referenced on the Zoning District Map and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained with this Ordinance in the office of the Planning and Zoning Commission. PERFORMANCE STANDARDS All uses in the I or PD industrial districts or in any other district of the City of Prosper shall conform in operation, location and construction to the performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare. Noise. At no point on the bounding property line of any use in the I or PD Industrial Districts or in any district shall the sound pressure level of any use operation or plant exceed the decibel limits specified in the Octave Band groups designated in the following tables: 19 GUTIERREZ. SMOUSE. WILMUT & ASSOC. INC. El 0 1. Maximum permissible daytime* octave band - decibel limits at the bounding property line** in any district. Sound level may be measured in frequency bands as shown by Table A or Table B below: TABLE A PREFERRED FREQUENCIES Center Frequency Maximum Permitted Sound Cycles Per Second Pressure Level, Decibels 31.5 76 63.0 74 125.0 68 250.0 63 500.0 57 1,000.0 52 2,000.0 45 4,000.0 38 8,000.0 32 TABLE B OCTAVE BAND FREQUENCIES Octave Band Maximum Permitted Sound Cycles Per Second Pressure Level, Decibels 20-75 75 75-150 70 150-300 64 300-600 59 600-1,200 53 1,200-2,400 47 2,400-4,800 40 4,800-10 KC 34 *Daytime shall refer to the hours between 7:00 A.M. and 7:00 P.M. on any given day. **Bounding Property Line shall be interpreted as being at the far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line. 19 GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. E 0 0 0 0 2. The following corrections shall be made to the Table of Preferred Frequences (A) or Octave Band -Decibel Limits (B) in determining compliance with the noise level standards in any district: TYPE OF OPERATION OR CHARACTER OF NOISE CORRECTION IN DECIBELS Noise Source operates less than Plus 5* 20% of any one hour period Noise Source operates less than Plus 10* 5% of any one hour period Noise source operates less than Plus 15* 1% of any one hour period Noise of impulsive character Minus 5 (hammering, etc.) Noise of periodic character Minus 5 (hum, screech, etc.) *Apply one correction only. 3. For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. The flat network and fast meter response of the sound level meter shall be used. Sounds of short duration which cannot be accurately measured with the sound level meter shall be measured with the impact analyzer. Octave band analyzer calibrated in the Preferred Frequencies (American Standards Association S1-6-1960, Preferred Frequencies for Acoustical Measurement) shall be used with Table A. Octave Band Analyzers calibrated with pre-1960 octave bands (American Standards Association Z-24-1953, Octave Filter Set) shall be used with Table B. 4. Exemptions - The following uses and activities shall be exempt from the noise level regulations herein specified. a. Noises not directly under control of the property user. b. Noises emanating from construction and maintenance activities between the hours of 7:00 A.M. and 7:00 P.M. (Daylight hours.) C. Noises of safety signals, warning devices and emergency pressure relief valves. d. Transient noise of moving sources such as automobiles, trucks, airplanes and railroads. 20 GUTIERREZ. SMOUSE, WILMUT & ASSOC. INC. 0 E 0 0 C7 Smoke and Particulate Matter. No operation or use in any District shall cause, create or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are: 1. As dark or darker in shade as that designated as No. 2 on the Ringleman Chart as published by the United States Bureau of Mines Information Circular 7118, or in violation of the standards specified by the Texas Air Control Board Regulations for the Control of Air Pollution as published by the Texas State Department of Health or as such regulations may be amended. 2. Of such opacity as to obscure an observer's view to a degree equal to or than does smoke or contaminants in the standard prescribed in ?reater 1) above except that: when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, the standards in 8.D (1) and (2) shall not apply. 3. The open storage and open processing operations, including on -site transportation movements which are the source of wind or airborne dust or other particulate matter; or which involves dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air. Odorous Matter 1. No use shall be located or operated in an I or PD Industrial District or in any District which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. 2. The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by the American Society for Testing Materials A.S.T.M.D. 1391-57 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference. 21 i11TIFRRF7 SMnl1(F W11M11T t Asm C. INC. r 0 r 4 0 Fire and Explosive Hazard Material 1. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an I or PD Industrial District or any other District except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school labora- tories, druggists or wholesalers may be permitted when approved by the Planning and Zoning Commission of the City of Prosper as not presenting a fire or explosion hazard. 2. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Prosper. Toxic and Noxious Matter. No operation or use permitted in an I or PD Industrial District or any other District shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Planning and Zoning Commission of the City of Prosper. Vibration. No operation or use in an I or PD Industrial District or in any District shall at any time create earthborn vibration which, when measured at the bounding property line of the source of operation, exceeds the limit of displacement set forth in the following table in frequency ranges Specified: FREQUENCY DISPLACEMENT CYCLES PER SECOND IN INCHES 0 to 10 10 to 20 20 to 30 30 to 40 40 and Over Open Storage. No open storage of materials permitted in any District except as an accessory in a building in an I or PD Industrial District. shall be located in front of a main building. No yard shall be permitted as a storage use in any 22 0 GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. .0010 .0008 .0005 .0004 .0003 or commodities shall be use to a main use located No open storage operation wrecking, junk, or salvage District. 0 11 M 0 0 Glare. No use or operation in any District shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. E. FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard or which is determined to be subject to flood hazard as a result of studies of the Corps of Engineers or other competent authority, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a Flood Plain Prefix "FP." Areas designated on the Zoning District Map by an "FP" Prefix shall be subject to the following provisions. Uses Permitted The permitted uses in that portion of any district having a Flood Plain "FP" prefix shall be limited to the following: 1. Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry. 2. Off-street parking incidental to any adjacent main use permitted in the district. 3. Electrical substation. 4. All types of local utilities including those requiring Specific Use Permits when approved as provided in Section 8.B. 5. Parks, community centers, playgrounds, public golf courses. 6. Private commercial open area amusements such as golf courses, driving ranges, archery ranges and similar uses when approved by Specific Use Permit as provided in Section 8.B. 7. Private open space as part of Community Unit Development. 8. Heliport when approved by Specific Use Permit as provided in Section 8.B. No building or structure shall be erected in that portion of any district designated with a Flood Plain "FP" Prefix until, and unless, such building or structure has been approved by the Planning and Zoning Commission, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or the public health and welfare. 23 GUTIERREZ. SMOUSE, WILMUT G Assoc. INC. 0 i EJ 0 Any dump, excavation, storage, filling or mining operation within that portion of a district having a Flood Plain "FP" Prefix shall be approved in writing by the Planning and Zoning Commission before such operation is begun and shall be subject to Specific Use Permit in accordance with 8.B. An area may be removed from the Flood Plain "FP" Prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the Planning and Zoning Commission that the flood hazard has been alleviated. Removal of the Flood Plain "FP" Prefix shall be accomplished by resolution of the City Council after written notification from the Planning and Zoning Commission advising of the removal of the flood hazard. The fact that land is, or is not, within a district having a Flood Plain "FP" Prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding. The level of the first floor of buildings in flood plain areas designated on the Zoning District Map by a "FP" Prefix shall be a minimum of eighteen (18) inches above the highest flood elevation shown on the most recent FIA Map for the area on which such building is erected. No septic tank system or electric or telephone utilities with the exception of sanitary sewers, may be located underground in flood plain designated areas, unless installed by the guidelines set forth by the Housing and Urban Development - Federal Insurance Administration Manual #184. Buildings permitted to be erected under the provisions of Section 8.E. shall be connected to the sanitary sewer. No building permit shall be issued for the construction of any structure or improvements in a flood plain designated area unless and until deed restrictions are executed in favor of the City of Prosper reciting the restrictions contained in Section 8.E. above and further providing that the owner and his successors will indemnify and hold harmless the City of Prosper from any damages caused by flooding of buildings constructed in flood plain designated areas. Owners and builders in flood prone areas are encouraged to participate in flood insurance made available by insurance companies with the support of the Federal Insurance Administration of the U.S. Department of Housing and Urban Development. Owners and builders in flood prone areas not designated on the Zoning District Map by an "FP" prefix are also encouraged to follow the guidelines in the HUD/FIA Manual No. 184 on Elevated Residential Structures. 24 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. 0 0 0 i 0 F� F. DEFINITIONS AND EXPLANATIONS RELATED TO USE SCHEDULES The following definitions and explanatory notes among other things supplement, restrict and define the meaning and intent of the use regulations as set forth in the use schedule. (1) One -Family Dwelling (Detached) - A dwelling unit designed and constructed for occupancy and occupied by not more than one family and located on a lot or separate building tract and having no physical connection to a'building located on any other lot or tract and occupied only by one family. (2) One -Family Dwelling (Attached) - A dwelling unit which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines and is served by separate utility connetions and meters as a single-family dwelling. (3) Two -Family Dwelling - A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families. (4) Multiple -Family Dwelling (Apartment) - Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residency by three or more families living in independent dwelling units. (5) Community Unit Development - An area of three (3) acres or more of unsubdivided land or the frontage on one side street between two intersecting streets planned as a single integral residential development which may contain variable types of housing with yard setback and open space standards differing from the district in which it is located but which observes the overall density standards set forth in such district. Where the overall density standards are proposed to vary from those of the district in which the community unit development is located, the development should be considered as a Planned Development District. (6) Boarding House or Rooming House - A building, other than a hotel, where lodging and/or meals for three 3) or more persons are provided for compen- sation. (7) Hotel or Motel - A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of twelve (12) individual guest rooms or units and shall furnish customary hotel services. (8) Mobile Home Park - A tract of land designed or being used to accommodate one or more transient portable dwelling units designed to be moved on wheels from location to location by automobile, truck or similar prime mover. 25 GUTIERREZ, SMOUSE, WILMUT G Assoc. INC. r M 0 C (9) Mobile Home Subdivision - A tract of land subdivided into lots which are designed as permanent sites for mobile or relocatable homes and which are served by separate utilities, dedicated street access on a legally filed plat and, are capable of being conveyed as separate lots. (10) Accessory Building (Agricultural) - The usual barns, sheds, stalls and structures for housing livestock or poultry or storing farm products or feed. (11) Accessory Building (Residential) - In a residential district, a subordinate building or structure, attached or detached not containing a kitchen and/or living quarters and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage, garden shelter or swimming pool, but not involving the conduct of a business. (12) Accessory Building or Use, Business or Industrial - A subordinate building, limited in height to not over the height of the main building and used for a purpose directly accessory and incidental to the main use such as, but not limited to, a mechanical building for power, heat or air conditioning or for laundry or storage purposes. (13) Building Material Yard and Construction Office - A yard or building for storing or housing building material and building equipment on a temporary basis and subject to a permit issued by the Building Official and subject to discontinuance at the order of the Building Official. (14) Caretaker or Guard Residence - Dwelling facilities located on a premises occupied by a permitted main use for the housing of persons and their families who are employed on the premises as guards, caretakers or in similar custodial capacity. (15) Field Office (Temporary) - A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment and subject to a temporary permit issued by the Building Official and subject to discontinuance at the order of the Building Official. (16) Home Occupation - A home occupation is an occupation carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation shall specifically exclude the operation of a repair garage, plumbing shop or similar activity. 26 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. 0 40 (17) Off -Street Parking Incidental to Main Use - Off-street parking spaces provided in accordance with the requirements specified by this Ordinance and located on the lot or tract occupied by the main use or within three hundred (300) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district. (18) Stable (Private) - An accessory building for quartering horses when the stable building is set back from all adjacent property lines at least fifty (50) feet and when the site contains a minimum area of one (1) acre. (19) Swimming Pool (Private) - A swimming pool constructed for the exclusive use of the residents of a one -family, two-family, or multiple -family dwelling and located and fenced in accordance with the regulations of the City of Prosper. A private swimming pool shall not be be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners. (20) Electrical Energy Generating Plant - An electrical power generating plant belonging to a privately owned utility company franchised to serve the City of Prosper or a portion of the City. (21) Local Utility Line - The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service. (22) Public Building, Shop or Yard of Local, State or Federal Governmental Agency - Facilities such as office buildings, maintenance yards and shops required by branches of Local, State or Federal Government for service to an area such as Highway Department yard, City Service Center or Experiment Station. (23) Radio, Television or Microwave Tower - Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio television. (24) Telephone Exchange, Switching Relay and Transmitting Station, but not including public business facilities, storage or repair facilities. (25) Church or Rectory - A place of worship of recognized religions including the on -site housing of ministers, rabbis, priests, nuns and similar staff personnel. (26) College or University - An academic institution of higher learning accredited or recognized by the State and offering a program or series of programs of academic study. (27) Community Center (Public) - A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the Community served. 27 f mFnnn 4Wn11%F WIIM11T G ASSOC_ INC C7 11 r 0 C7 r (28) Kindergarten or Nursery School - An establishment where three (3) or more children are housed for care or training. (29) Home for Senior Citizens or Nursing Home - A home where ill or elderly people are provided with lodging and meals with or without nursing care. (30) Hospital (Acute Care) - An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life. (31) Hospital (Chronic Care) - An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis. (32) Museum, Library or Art Gallery (Public) - An institution for the collection, display and distribution of books, objects of art or science, and which is sponsored by a public or quasi -public agency and which is open to the general public. (33) School, Business - A business organized to operate for a profit and offering instruction and training in a business trade. (34) School, Commercial Trade - A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades. (35) School, Public or Denominational - A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools. (36) Amusement, Commercial (Indoor) - An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptable at the bounding property line and including, but not limited to, a bowling alley or billiard parlor. (37) Amusement, Commercial (Outdoor) - Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to a golf driving range, archery range, and miniature golf course. (38) Country Club (Private) - An area of fifty (50) acres or more containing a golf course and a clubhouse and available only to private specific membership, such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities. r: GUTIERREZ. SMOUSE. WILMUT G ASSOC. INC. r7 0 0 (39) Day Camp for Children - A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis. (40) Golf Course (Private Commercial) - A golf course privately owned and operated and available only to private specific membership. (41) Golf Course (Public) - A golf course owned and operated by the City of Prosper or leased for operation for the benefit of the general public. (42) Park or Playground (Public) - An open recreation facility or park owned and operated by a public agency such as the City of Prosper or School Board and available to the general public or operated by an approved Home Owners Association for the benefit of a specific defined area of the City. (43) Playfield or Stadium (Public) - An athletic field or stadium owned and operated by a public agency or the general public including a baseball field, golf course, football field or stadium. (44) Recreation Center (Public) - A building or complex of buildings housing community recreation facilities owned, operated or leased for operation by the City and may include swimming pools, tennis and other indoor or outdoor athletic facilities. (45) Swim or Tennis Club (Private) - A recreational area containing a swimming pool or tennis courts or both with related recreational facilities and a clubhouse, all of which facilities are limited to the use as a private, specific membership. (46) Airport or Landing Field - An area improved for the landing or take -off of aircraft approved by the City of Prosper for operation as an aircraft landing facility. (47) Heliport - A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft and subject to approval by the City of Prosper. (48) Helistop - A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds and not for regularly scheduled stops and subject to approval by the City of Prosper. (49) Parking Lot or Structure (Commercial) - An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and no special problems of ingress or egress. 29 0 r.[ITIFRRF7 SM011SE WILMIIT & Assoc. INC 0 0 r 0 0 (50) Railroad Track or Track Right -of -Way: Not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas. (51) Railroad Team Track - A siding for spotting and unloading or loading boxcars or other railroad cars and which area is connected to a public street by a drive for access. (52) Wrecking or Auto Salvage Yard - A yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal. (53) Antique Shop - An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment. (54) Cleaning Shop and Pressing (Small Shop and Pick-up) - A custom cleaning shop not exceeding 3,000 square feet in floor area or a pick-up station for laundry or cleaning where the work is performed other than on the premises. (55) Custom Personal Service - Barber shop, beauty shop, tailor, dressmaker, shoe shop or similar shop offering custom service. (56) Incidental or Accessory Retail and Service Uses - Retail or service uses, such as pharmacy, newsstand, dining room, barber or beauty shop located within an office high rise apartment or similar structure where such retail or service use is incidental to the primary use and designed and arranged to serve the primary use. (57) Restaurant or Cafeteria (Not Drive-in Type) - An establishment serving food to the general public in specific, designated dining areas and where food is not served to or eaten in automobiles on the premises. (58) Restaurant or Eating Place (Drive -In Service) - An establishment designed and constructed to serve food for consumption on the premises in an automobile or for carry -out for off premises consumption and which establishment may or may not have on premises dining room or counter. (59) Clothing or Similar Light Manufacturing - The manufacture of clothing, jewelry, trimming decorations, and any similar items not involving the generation of noise, odor, vibration, dust or hazard. (60) Advertising Sign - A sign which is usually a primary use of land and which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located. (61) Agricultural Sign - An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. 30 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. u 0 F'-I .J (62) Apartment Name Sign - An accessory sign for the identification of an apartment building or complex of apartment buildings. (63) Construction Sign - A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. (64) Development Sign - A temporary accessory sign related to the promotion of new developments and located on the premises involved in the development. (65) General Business Sign - An accessory sign or graphic device which advertises only commodities or services offered on the premises where such signs are located and not of the billboard, poster panel or painted bulletin type. (66) Institutional Sign - An accessory sign for the identification of a school, church, hospital or similar public or quasi -public institution. (67) Mobile Home Park Sign - An accessory sign for the identification of a Mobile Home Park or Mobile Home Subdivision. (68) Name Plate - An accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. (69) Office Identification Sign - An accessory sign identifying an office building or the occupants thereof. (70) Real Estate Sign - A temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned. (71) Special Height Sign - A special identification sign for automotive service centers, hotels, motels and related motor vehicle oriented uses and for shopping centers where, because of location or setback, special sign identification is desirable. (72) Farm Orchard or Truck Garden - An area of three (3) acres or more which is used for growing of usual farm products, vegetables, fruits, trees, and grain and 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 and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. (73) Livestock Auction - Barns, pens and sheds for the temporary holding and sale of livestock. (74) Private Club - A social organization to which membership is by invitation only, and its meeting place which only members and their guests are permitted in which alcoholic beverages are stored, possessed, mixed, or consumed and served by the drink or in broken or unsealed containers on club premises to members of the club and their guests. 31 GUTIERREZ, SMOUSE. WILMUT @ A550C. INC. L • DEFINITIONS APPLICABLE TO PERFORMANCE STANDARDS 1. Decibel: A unit of measurement of sound pressure. 2. Frequency: The number of times per second a vibration or sound wave oscillates. 3. Octave Bard: A portion of the audible sound spectrum. An Octave Band analyzer divides the audible sound spectrum into eight (8) Octave Bands. 4. Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the Odor Threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere. 5. Particulate Matter: Finely divided solid or liquid matter, other than water, which is re eased into the atmosphere. 6. Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. 7. Toxic and Noxious Matter: Any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. 8. Vibration: A periodic displacement of the earth measured in inches. 32 GUTIERREZ, SMOUSE, WILMUT G ASSOC, INC. 71 u • 49 L� SECTION 10: AREA REGULATIONS Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, dwelling unit area, lot coverage and front, side and rear yards: Lot Area The minimum residential lot area for the various Districts shall be in accordance with the following schedule except that a lot having less area than herein required which was an official I' lot of recordt' prior to the adoption of this Ordinance may be used for a one -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 herein: In the following Zoning Districts the minimum lot area for residential use shall be in accordance with the following schedule: LOT AREA SCHEDULE MINIMUM LOT AREAS IN SQUARE FEET PER DWELLING UNIT, DISTRICTS PERMITTING RESIDENTIAL USES SINGLE-FAMILY DWELLING DETACHED SINGLE-FAMILY DWELLING ATTACHED TWO-FAMILY DWELLING NILTIPLE-FAMILY DWELLING (ONE TO THREE STORIES) MULTIPLE -FAMILY DWELLING (OVER THHREE STORIES) MOBILE MOK AS A FIXED DWELLING MWILE lot AS A TRANSIENT DWELLING 0 J J� JI .yWr/ yd� yNW� �Q WU LLU Y�.0 �2 SS M1= J�u �W J� O 2 i C® ®®®®®®®®®®®®®®®®®® 33 0 \ GUTIERREZ, SMOUSE. WILMUT G ASSOC. INC. u 0 u E r U 0 In a Planned Development district, areas of mixed housing may be designated as low, medium or high density residential areas wherein the low density residential areas shall not exceed five (5) dwelling units per acre; medium density residential areas shall not exceed ten (10) dwelling units per acre and high density residential areas shall not exceed twenty (20) dweling units per acre. All density computations shall be exclusive of streets but dedicated public community open space may be used in density computations. Minimum Dwelling Area Minimum enclosed heated living area per dwelling unit shall be as follows: 1,800 square feet in "A" and "SF-E" 1,600 square f eet.in "SF-1" 1,400 square feet in "SF-2" 1,200 square feet in "SF-3" Lot Width The minimum lot width for lots in the various Districts for residential uses shall be in accordance with the following schedule, except that a lot having less wi dth than herei n requi red whi ch was an off i ci al 111 of of record" pri or to the adoption of this Ordinance may be used as a one -family dwelling and no lot exisiting at the time of passage of this Ordinance shall be reduced in width below the minimum set forth herein: In the following zoning districts the minimum lot width for residential uses shall be in accordance with the following schedule: LOT WIDTH SCHEDULE MINIMUM LOT WIDTHS IN FEET FOR RESIDENTIAL BUILDINGS IN ALL DISTRICTS PERMITTING RESIDENTIAL USES 0 = t J J YZI K JJy JN J� Jty W� p y - � SINGLE-FAMILY DWELLING DETACHED man awn SINGLE-FAMILY DUELLING ATTACHED TWO-FAMILY DUELLING MULTIPLE -FAMILY DWELLING (ONE TO THREE STORIES) MILTIPLE-FAMILY DWELLING (OVER THREE STORIES) MOBILE HOME AS A FIXED DWELLING MOBILE NDME AS A TRANSIENT MENEM ME DWELL LNG 34 GUTIERREZ. SMOUSE. WILMUT & ASSOC. INC. r� Il LA • • P"1 E • Ll • Minimum lot width shall be increased for high rise residential structures to assure compliance with yard provisions, to assure light, air and access standards (See the following on Front Yard, Side Yard and Rear Yard). For atrium, patio and similar type dwellings, the lot width and area standards of the SF -A District shall apply. Front Yard No building, structure or use shall hereafter be located, erected or altered so as to have a smaller front yard than hereinafter required: In the following Zoning Districts the minimum required front yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located, erected or altered so as to have a smaller front yard than hereinafter required: FRONT YARD - SCHEDULE A MINIMUM FRONT YARDS - RESIDENTIAL DISTRICTS 0 � Y J JO Jr, rJ.N ►n1 J< <"� �� <� WK LL= 1<rU �J WUW 1<i/tWWW.t JWU W1=WJ WU p�p HERE NAFTERPROVIDEDXCEPT AS 40, a 35' 35' a 25' 25' 25' 25' a ecsl FRONT YARD — SCHEDULE B MINIMUM FRONT YARDS — NONRESIDENTIAL DISTRICTS Is 8 J i IS F p 8 � u i K O 6 NINIMN FRONT YARD EXCEPT AS D P HEREINAFTER PROVIDED , 25 25 25 25 Yalry 35 GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. C7 • .I 0 • Special Front Yard Regulations 1. Where frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the.entire frontage. (See Appendix Illustration 7). 2. Where a building line has been established by a plat approved by the Planning and Zoning Commission or by ordinance and such line requires a greater or lesser front yard setback than is prescribed by this Ordinance for the 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 front building lines shall be less than ten (10) feet. 3. The f ront yard shall be measured f rom the property line to the f ront f ace 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 four (4) 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 yard. (See Appendix Illustration 5). 4. Where lots have double frontage, running through from one street to another, 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 Appendix Illustration 6). 5. If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, the average setback of all buildings fronting upon such street between two intersecting streets shall establish the minimum front yard requirement. All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the average front yard. These provisions shall not be interpreted as requiring a setback or front yard greater than fifty (50) feet nor shall they be interpreted as requiring any building to observe a front yard of more than ten (10) feet greater than the front setback observed by any building on a contiguous lot. These provisions shall be superseded on any lot where a building line has been established by plat or ordinance and the front yard or setback provisions of such plat or ordinance shall be observed. (See Appendix Illustration 8). 6. In the MF-2 and 0 Districts, a minimum front yard of twenty-five (25) feet shall be required, provided, however, that in no case shall the distance as measured from the centerline of the street on which a building fronts to the face of the building to be less than one-half (1/2) the height of the building, and in no case need such distance exceed sixty (60) feet regardless of the height of the building. (See Appendix Illustration 11). 36 0 ` GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. 0 C] • • 0 7. In the PD District, the front yard line may be established by the approved site plan where the front yard is not specified on the site plan, the following minimum front yards shall be provided: Commercial or Retail Development - Sixty (60) feet except drive-in service buildings may have a minimum thirty (30) foot front yard. Housing Development - Twenty-five (25) feet. Industrial Development - Twenty-five (25) feet. Office, Medical or Other Development - Twenty-five (25) feet. 8. Gasoline service station pump islands may not be located nearer than twenty- five (25) feet to the front property line. 9. On any corner lot for which front and side yards are required herein, no wall, fence, structure, sign, tree or other planting or slope terrace or embankment may be maintained so as to cause danger or hazard to traffic by obstructing the view of the intersection from a point thirty (30) feet back from the right-of-way corner. 10. In the MF-1, MF-2, 0, R, C and PD Districts, no apartment building may be erected nearer than fifty-five ( 55 ) feet to the centerline of the public street on which it fronts. 37 r-TI-7 Sumac WIIMIIT A Aaan[ lug J 0 0 0 r 0 Side Yard In the following Zoning Districts the minimum required side yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located so as to have a smaller side yard on each side of such building than hereinafter required: SIDE YARD SCHEDULE MINIMUM AND MAXIMUM REQUIRED SIDE YARDS IN FEET FOR RESIDENTIAL USES 0 MINIMUM SIDE YARD, SINGLE- FAMILY AND TWO-FAMILY ---- ----- --"' --"' --10 ERLEN OF Y DIN 0 LOT- ----- ----- ----- ----- ----- ---- ___ 6' DWELLINGS (DETACHED) MAXIMUM SIDE YARD REQUIRED, 8' 8' 6' 8' 8' 8' 8' 8' 8' -- See 8' SINGLE-FAMILY AND TWO-FAMILY 25' 20, 15' IO' 8' 8' Blow DWELLINGS (DETACHED) MINIMUM SIDE YARD FOR See See See See ee 5 --- ee 5 Lee 5 See 5 --- ee 6 --- SINGLE FAMILY DWELLINGS _ __ --- --- --- 5 l w 5 5 1 low 5 low ... 1 10w 1 1 ATTACHED MINIMUM SIDE YARD FOR MINIMUM --- --- See --- 1,2 See --- See .2.3 -•- See 1.2.3 See .2.3 See .2.3 --- See 6 --- MULTIPLE -FAMILY --- --- --- --- ,2.3 low Bel Below a ow 1 1elow MINIMUM SIDE YARD FOR 10. ___ ___ ___ ___ ___ ___ 10' 10, M081LE HOME AS FIXED 10' ••- '-- --- --- --- '-- ___ '-- OIIELLING Special Side Yard Regulations 1. Multiple -family dwellings not exceeding three (3) stories in height when constructed in the MF-1, MF-2, 0, R, C or CC District shall provide a minimum side yard of fifteen (15) feet between any building wall containing openings for windows, light and air and any side lot line except that any such building face or wall not exceeding thirty-five (35) feet in width may provide a minimum side yard of ten (10) feet. Where a building wall contains no openings for windows, light or air a minimum side yard of ten (10) feet shall be provided between such wall and the lot line. (See Appendix Illustration 9). 2. On a corner lot a side yard adjacent to a street for a multiple -family dwelling not exceeding three (3) stories in height shall not be less than f if teen (15) f eet and no bal cony or porch or any porti on of the bui 1 di ng may extend into such required side yard except that a roof may overhang such side yard not to exceed f our (4) f eet. im GUTIERREZ. $MOUSE. WILMUT 6 ASSOC. INC. 0 0 3. Where apartment buildings or structures are constructed in the MF-2, 0, C, CC or PD District to exceed three (3) stories in height, a side yard equal to one (1) foot for each two (2) feet of building height for all building faces or walls having openings for light, air or access shall be provided except that in no case need such side yard exceed sixty (60) feet. In all districts permitting the construction of apartment buildings exceeding three (3) stories in height, a minimum side yard of ten (10) feet shall be required for any building face or wall which contains no openings for windows, light or air. (See Appendix Illustration 11). 4. On a corner lot used for one -family or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the Planning and Zoning Commission containing a lesser or greater dimension, the building line provisions on the plat shall be observed. On lots which 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 respective districts as specified in the side yard schedule. 5. A one -family attached dwelling shall provide a minimum required side yard adjacent to a side street of ten (10) feet and no complex of attached one - family dwellings shall exceed three hundred (300) feet in length. A minimum required side yard of five (5) feet shall be provided at the end of each one -family attached dwelling complex so that the end of any two adjacent building complexes shall be at least ten (10) feet apart. (See Appendix Illustration 12). 6. The minimum side yard requirements in a Planned Development shall be one of the following: a. Ten (10) percent of the width of the lot but not less than (6) feet between property line and foundation line. b. With the approval of the City, a zero lot line concept with a twelve (12) foot distance between property line and foundation may be used. The location of the twelve (12) feet open space in the zero lot line concept must be consistant within the subdivision as approved in the final plat. 7. No side yard is specified for nonresidential use in the 0, NS, R, C, CC, and I Districts except where a commercial, retail or industrial or other non- residential use abuts upon a district boundary line dividing such districts from residential districts in which event a minimum ten (10) foot side yard shall be provided on the side adjacent to such residential district. 8. Every part of a required side yard shall be open and unobstructed except for accessary buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting 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. 39 0 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. 0 0 C El 0 Rear Yard No building or structure shall hereafter be located, erected or altered to have a rear yard smaller than herein required. 1. In all districts permitting residential structures, no main residential building may be constructed nearer than ten (10) feet to the rear property line and the main residential building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected, joining the mid -point on one side lot line with the mid -point of the opposite side lot line. For accessory buildings, see Section 14. (See Appendix Illustration 3). 2. In the 0, NS, R, C, CC and I Districts, a rear yard is not specified, except where no alley exists on the rear of the lot, tract or plot, a minimum rear yard of fifteen (15) feet shall be provided. 3. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted in Section 14 and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed four (4) feet into the required rear yard. 4. The minimum rear yard requirement in a Planned Development District shall be established on the site plan which shall be made a part of the amending ordinance. In no case shall the required rear yard for the main building be less than (10) feet except as provided in Section 10, Rear Yard (7). 5. No mobile home or house trailer shall be located nearer than twenty (20) feet to the rear line of any lot, plot or tract on which such mobile home is located. 6. In the I or in a PD Industrial District no rear yard is required and where rail lines exist at the rear of lots or tracts occupied by industrial or commercial buildings, the buildings may be located for direct service by rail transportation. 7. No rear yard is required where atrium, patio or cluster homes are attached along the rear lot line when the Plan and Plat for the development is approved by the Planning and Zoning Commission. :o, 0 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. • El i 0 C"j Lot Coverage and Floor Area Ratio The maximum percentage of any lot area which may hereafter be covered by the main building and all accessory buildings and the maximum ratio of floor area to the total area of the lot or tract on which a building is located shall not exceed the following schedule, except where an existing building at the effective date of this Ordinance may have a greater percentage of a lot covered or a higher floor area ratio than herein prescribed, such building shall be considered a conforming use. In the following zoning districts the maximum building lot coverage and floor area ratio shall be in accordance with the following schedule: LOT COVERAGE AND FLOOR AREA SCHEDULE MAXIMUM BUILDING COVERAGE AND FLOOR AREA RATIO e :i d� Y�y1�YS WYi S S S SS tix ti�{ 3�p'22f 5r, 2:21 !1 Y3 y�� N ►� � p� r'b �g S < NW N.0 NOG NOC NV 4W VV.-Z iCC i O CC a U E 6O C MN XI MIM PERCENT OF LOT WHICH MAY DE COYEREO DT THE 25% 25% 35% 35% 40% 40% 40% 40% 401 30Y 40% 40% 40% 40% 50% - 40Y ID% WAIN RESIDENTIAL BUILDING MAXIMUM PERCENT OF LOT WHICH SOY S0Y 50Y SOY 60Y -- SOY 507C MAY DE COVERED BY NON- •__ -__ "_ ___ "_ ___ RESIDENTIAL BUILDING MAXIMUM PERMITTED FLOOR �_ ___ ___ r. r_ 5:1 -- S:1 -- --- 5:1 10:1 2.1 Sec -- AREA RATIO (FAR) 10 Up to ten (10) percent additional coverage of the lot or tract will be permitted for accessory buildings such as garages, carports and storage buildings. Specified maximum coverage shall apply to churches and other nonresidential buildings permitted in residential districts. Floor area ratios up to 5:1 may be approved in a Planned Development District when plans illustrating how such structures relate to the overall Community are submitted to and approved by the Planning and Zoning Commission. No septic tanks shall be allowed on tracts of land less than one (1) acre in area, provided, however, that such restrictions shall not apply to those tracts which were lots of record, as defined herein, prior to the passage of this ordinance. 41 %IITIFRRF7 SMOUSE WILMUT G Assoc. INC. 0 F7 SECTION 11: HEIGHT REGULATIONS No building or structure shall be located, erected or altered so as to exceed the height limit hereinafter specified for the district in which the building is located except as noted in Section ll.b., Special Height Regulations. a. Height Limitations Zoning Maximum Height of District Building or Structure A Agricultural Three (3) Stories SF-E Single -Family Estate Three (3) Stories SF-1 Single -Family Residence Two and one-half (22) Stories SF-2 Single Family Residence Two and one-half (22) Stories SF-3 Single -Family Residence Two and one-half (22) Stories SF-4 Single -Family Attached Three (3) Stories 2F Two -Family Residence Three (3) Stories MF-1 Multiple -Family Residence Three (3) Stories MF-2 Multiple -Family Residence To any legal height not prohibited or MH Mobile Home 0 Office NS Neighborhood Service R Retail C Commercial 42 regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed ten (10) to one (1). Two (2) Stories To any legal height not prohibited or regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed five (5) to one (1). Two (2) Stories Two (2) Stories To any legal height not prohibited or regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed five (5) to one (1). GIITIERREZ $MOUSE. WILMUT G Assoc. INC. r EJ E 0 r 0 0 0 CC I PD b. Zoning Maximum Height of District Building or Structure Community Center To any legal height not prohibited or regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed ten (10) to one (1). Industrial To any legal height not prohibited or regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed ten (10) to one (1). Planned Development Special Height Regulations To any legal height not prohibited or regulated by other laws or ordinances provided Floor Area Ratio (FAR) does not exceed five (5) to one (1). In the districts where the height of buildings is restricted to two (2), two and one-half (22) or three (3 stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and 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 w;dth and depth of front, side and rear yards for each foot that such structures exceed three (3) stories. SECTION 12: OFF-STREET PARKING AND LOADING REGULATIONS Off-street parking shall be provided on the lot or tract or on an immediately contiguous lot or tract sufficient to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Zoning District A, Agricultural District SF-E, Single -Family Estate District Minimum Required Off -Street Parking Spaces Two (2) vehicle dwelling unit Two (2) vehicle dwelling unit SF-1, Single -Family Residence Two (2) vehicle District dwelling unit 43 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. spaces for each spaces for each spaces for each r El FJ C i C r Zoning District SF-2, Single -Family Residence District SF-3, Single -Family Residence District SF -A, Single -Family Attached Residence District 2F, Two -Family Residence District and MF-1, MF-2, Multiple -Family Residence District Mobile Homes in MH District Hospitals Hotel or Motel Institution of Philanthropic Nature Library or Museum Manufacturing, Processing or Repairing Mortuary Offices, General Minimum Required Off -Street Parking Spaces Two (2) vehicle spaces for each dwelling unit Two (2) vehicle spaces for each dwelling unit Two (2) vehicle spaces for each dwelling unit Two (2) vehicle spaces for each dwelling unit Two (2) vehicle spaces for each stand, lot or tract Two (2) spaces for each three (3) beds. One (1) space for each room, unit or guest accommodation plus specified requirements for restaurants and related facilities. Ten (10) spaces plus one (1) space for each employee. Ten (10) spaces plus one (1) space for each five hundred (500) square feet of floor area. One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater. One (1) space for each two (2) persons normally accommodated in services. One (1) space for each three hundred (300) square feet of floor area. Recreational, private or One (1) space for every four persons commercial area or building to be normally accommodated in the (other than listed) establishment. 44 r ain rnnn Suns F WuMur i, A4tor INr 1"1 0 0 0 El Zonina District Restaurant or Cafeteria Retail or Personal Service Furniture Stores or Large Appliance Store Schools, Elementary or Junior High Storage or Warehousing Minimum Required Off -Street Parking Spaces One (1) space for every three (3) seats under maximum seating arrangement. One (1) space for each two hundred (200) square feet of floor area. One (1) space for each four hundred (400) square feet of floor space. One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly. One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, whichever is greater. Theaters, Meeting Rooms and One (1) space for each three (3) Places of Public Assembly seats. a. Special Off -Street Parking Regulations 1. In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building for development. 2. Wherever a lot or tract is used for off-street parking of motor vehicles in connection with an office, retail, commercial or industrial use and is adjacent to or across the street from a residentially zoned district, a masonry wall or solid ornamental fence of not less than four (4) feet in height shall be erected and maintained so as to enclose the off-street parking area along the front and side yards and to screen the parking use from adjacent residential districts. 3. The area in front of the required screening wall or fence shall be maintained in a clean and orderly condition free of weeds, debris and trash. 4. In the SF-1, SF-2, SF-3, SF -A, 2F, NS, R, MF-1, MF-2, MH and 0 Districts, no parking space, garage or carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer or van except a panel or pickup truck not exceeding one and one-half (1 1/2) tons capacity. No travel trailer, camper or similar mobile dwelling unit shall be stored or parked within the area designed as the required front yard in any residential district. 45 GUTIERREZ, SMOUSE. WILMUT & ASSOC. INC. 677 L7 0 r 5. Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements in any use. 6. Access to parking lots or areas which are accessory to or serve nonresidential uses in the 0, NS, R, C, CC, I or Nonresidential PD Districts shall not be through or from streets in residential districts. b. Parking Requirements for New or Unlisted Uses 1. Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the require- ments may be interpreted as those of a similar use. 2. Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to Section 12 or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in Section 9 for classifying new and unlisted uses. Off -Street Loading Regulations All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten (10) feet by forty-five (45) feet and such spaces or berths shall be provided in accordance with the following schedule: Square Feet of Gross Floor Area In Structure Minimum Required Spaces or Berths 0 to 5,000 None 5,000 to 15,000 1 15,000 to 40,000 2 40,000 to 65,000 3 65,000 to 100,000 4 Each Additional 50,000 1 Additional For hotels, office buildings, restaurants and similar establishments located other than in the district, off-street loading facilities shall be provided in accordance with the following schedule: ER 0 ` r[ITIFQQF7 SMOUW WILMUT G Assoc. INC • 0 i Square Feet of Gross Floor Area In Structure 0 to 10,000 10,000 to 50,000 50,000 to 100,000 100,000 to 200,000 Each Additional 200,000 Minimum Required Spaces or Berths None 1 2 3 1 Additional SECTION 13: SIGN REGULATIONS The districts in which the various types of signs are permitted are indicated by the schedule of uses, Section 9, Sign and Identification Uses. The following special provisions shall apply to the various types of signs in the districts indicated: PERMANENT TYPE SIGNS Type Sign Maximum Area Zone Permitted 1. Name Plate 2 Square In All Residential Feet Districts 20 Square In All Districts Feet Except Residential 2. Institutional 30 Square In All Residential Sign Feet Districts and the Recreational District 100 Square In All Districts Feet Except Residential 3. Apartment 30 Square In All Districts Sign Feet Permitting Apartments 4. Business 200 Square In the R, C and I Sign Feet Districts, Business Signs in NS District Shall Not Exceed 100 Square Feet in Area 5. Advertising 250 Square Permitted in the Sign Feet I District 6. Agricultural 100 Square Permitted in A, C and Sign Feet I Districts 47 CIITIFRREZ SMOUSE. WILMUT G ASSOC, INC. Spacing Standards One Per Street Frontage 400 Feet Apart Set Back 50 Feet at Intersections 200 Feet Between Signs u u i i i TEMPORARY TYPE SIGNS Spacing Type Sign Maximum Area Zone Permitted Standards 1. Real Estate 12 Square In All Residential One for each Sign Feet Districts platted lot or tract and for acreage - one for each 200 feet of street frontage 30 Square In All Districts One for each Feet Except Residential platted lot or tract and for acreage - one for each 200 f eet of street frontage 2. Construction 150 Square In All Districts One per street Sign Feet frontage of pro- ject or for each 50 acres of pro- ject 3. Development 150 Square In All Districts One per project Sign Feet or one f or each 50 acres in pro- ject In the PD, Planned Development District, the sign standards shall be specified in the amending ordinance. No sign shall be constructed to exceed the maximum building height permitted in the specific district where the sign is located except in shopping centers or similar commercial or office centers containing six (6) acres or more a pylon or major identification sign not to exceed seventy-five (75) feet in height may be erected when set back from the side and rear property line a distance equal to the height of the sign. No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. No advertising sign structure shall contain more than two (2) sign panels facing in the same direction. No provision of this Ordinance shall supersede or replace any other Ordinance of the City of Prosper, having to do with sign standards, materials or construction except the provisions of this Ordinanace pertaining to the use of the various types of signs in the various districts shall take precedence over all other Ordinances, regulations and standards. EN GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. i 0 J i C7 r 0 Special temporary development signs not exceeding one -hundred fifty (150) square feet in area may be erected on private property upon approval of the Planning and Zoning Commission. The Planning and Zoning Commission shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such special development signs will be removed at the direction of the Planning and Zoning Commission after completion of the development of ninety (90) percent of the project advertised. SECTION 14: SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS Court Standards The minimum dimension and area of outer or inner courts provided in buildings occupied for residential purposes shall be in accordance with the following provisions: 1. Outer Courts Residential Structures A. For residential structures, three (3) stories or less in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court up to twenty (20) feet, but the width of any such outer court need not exceed twenty (20) feet even though the depth of the court may exceed such dimension. B. For residential structures exceeding three (3) stories in height, any outer court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum width equal to the depth of the court up to fifty (50) feet, but the width of any such outer court need not exceed fifty (50) feet even though the depth of the court may exceed such dimension. 2. Inner Courts Residential Structures A. For residential structures three (3) stories or less in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have minimum dimensions in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed twenty (20) feet even though the height of the enclosing walls may exceed such dimensions. B. For residential structures exceeding three (3) stories in height, any inner court which is used for access of light or air or which may be used for emergency access purposes shall have a minimum dimension in the length and in the width of its base equal to the height of the roof or eave at the top of the wall enclosing such court, but neither the width nor the length of the base of such inner court need exceed fifty (50) feet even though the height of the enclosing walls may exceed such dimension. 49 GUTIERREZ. $MOUSE, WILMUT G Assoc. INC. J 10 LI r r 0 Accessory Building and Structure Regulations Area regulations for accessory buildings or accessory structures in residential and apartment districts: 1. Front Yard Attached accessory buildings or structures shall have a front yard not less than the main building. Detached accessory buildings or structures shall be located in the area defined as the rear yard. 2. Side Yard Detached accessory buildings shall have a side yard of not less than three (3) feet measured from any side lot line, alley line or easement line. Where a one hour fire wall is provided, no side yard need be provided on one side of a lot only for detached accessory buildings located in the rear one-half (1/2) of the lot. (See Appendix Illustration 3) 3. Rear Yard A. There need be no rear yard for accessory buildings or structures except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line. Detached carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than ten (10) feet to the main building but may be located on the rear lot line and no rear yard for accessory buildings shall be required. (See Appendix Illustration 3) B. Where a garage or carport is designed and constructed to be entered from an alley or side street, such garage or carport shall be set back from the side street or alley a minimum distance of twenty (20) feet to facilitate access without interference with the use of the street or alley by other vehicles or persons. SECTION 15: FENCE AND WALL REGULATIONS In any residential district or along the common boundary between any residential or nonresidential district where a wall, fence or screening separation is erected or where a screening wall or fence is required by ordinance, the following standards for height and design shall be observed: Height of Fence or Wall 1. Any fence or wall erected on the side property line and located in front of the minimum required front yard the provisions of Section 10, Front Yard, shall not exceed four (4) feet in height above the adjacent grade and if such fence or wall is located along the property line in the rear one-half of the lot the fence or wall may be erected to a height of eight (8) feet. 50 GUTIERREZ, SMOUSE, WILMUT G ASSOC, INC. J 1-1 C7 i 2. Any f ence or wall erected on the property line across the front of the lot shall not exceed four (4) feet in height above the adjacent grade. 3. No fence, screen, wall or other visual barrier shall be located or placed in such a manner as to obstruct the vision of a motor vehicle driver approaching any street intersection. At all street inter- sections clear vision shall be maintained across the lot for a distance of twenty (20) feet back from an existing property corner or from a projected property corner along both intersecting streets. Screening Walls or Visual Barriers and Open Space 1. Any screening wall or fence required under the provisions of the Planned Development District shall be constructed of masonry or with a concrete or metal frame supporting a permanent type wall or fence material which does not contain openings constituting more than forty (40) square inches in each one (1) 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. 2. No open storage of commodities, materials or equipment for sale or display shall be permitted in any residential or office district. All commodities and materials offered for sale and displayed in the open in the R, C, I or PD Districts shall be located back of the minimum required front yard line. In the 0 and NS Districts, no open storage operation shall be permitted except as an accessory use and all such open storage operations shall be located behind the main building and screened with a visual barrier as herein prescribed. Minimum Structure Standards Exterior wall construction in all residential districts except "A" and "SF-E", including windows and doors and below the first floor ceiling plate line shall consist of not less than 75% masonry construction, with no single wall face of any residence containing less than 50% of its exposed surface of masonry construction. Masonry construction is defined as that form of construction composed of stone, brick, concrete, hollow clay tile, concrete block or tile or other similar building units or materials or combination of these materials, laid up by unit and set in mortar. Brick veneer, stucco, glass and all doors are included in the definition of masonry construction. Fire Retardant Materials In all residential districts except "A" and "SF-E", all exterior walls and roofs shall be constructed of materials having an Underwriter's Laboratory Class B or Uniform Building Code Class 2 "stoned fired" retardant rating or better. 51 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. E AO El i �7 J • SECTION 16: STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES Notwithstanding other provisions of this Ordinance, the storage, possession, consumption and service of alcoholic beverages by the drink or in broken or unsealed containers, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements. The storage, possession, consumption and service of alcoholic beverages by the drink or in broken or unsealed containers shall be permitted only in those districts indicated in Section 9 under the provisions of a Specific Use Permit as proved in Section 9.B. No Specific Use Permit shall be granted for such use unless said use is in compliance with the minimum front yard, side yard and rear yard requirements provided in the City's Comprehensive Zoning Ordinance, and no such permit shall be granted for the sale of alcoholic beverages by a dealer or applicant whose place of business is within three hundred feet (300') of a church, public school or public hospital. The measurement of a distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. An applicant for a Specific Use Permit for a Private Club shall furnish with such application a development plan showing the property, the location of all buildings in which a Private Club is to be located and the closest distance -of such structure to the nearest property line. SECTION 17: CREATION OF BUILDING SITE No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions: 1. The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission of the City of Prosper and filed in the Plat Records of Collin County, Texas. 2. The site, plot or tract is all or part of a site plan officially approved by the Planning and Zoning Commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets have been properly dedicated and the necessary public improvements provided. 3. The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this Ordinance or prior to annexation to the City of Prosper, whichever is applicable, 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 either Section 17 (1) or (2) preceding. 52 GUTIERREZ. SMOUSE, WILMUT G ASSOC. INC. E7 SECTION 18: PLATTING PROPERTY NOT PERMANENTLY ZONED The Planning and Zoning Commission of the City of Prosper shall not approve any plat of any subdivision within the City Limits of the City of Prosper until the area covered by the proposed plat has been permanently zoned by the City Council of the City of Prosper. The Planning and Zoning Commission of the City of Prosper shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Prosper is pending before the City Council unless and until such plat has been approved by resolution by the City Council. In the event the Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can if it desires, act on the matter of permanent zoning and annexation at the f same time. SECTION 19: SITE PLAN APPROVAL Approval of a site or development plan shall be required for all development involving a planned development district, a specific use permit, planned unit development, community unit development or apartment project, shopping center, mobile home park or a development where more than one main building or use is proposed on a single lot or tract. Site or Development Plans for any of the types of developments or uses outlined in Section 19 shall be submitted to the Planning and Zoning Commission for review as to compliance with the standards herein contained. If the Site or Development Plan submitted involves significant changes from a site plan previously approved, a public hearing may be called by the Planning and Zoning Commission before final recommendation or action. A Site or Development Plan shall contain the appropriate following elements: 1. Scale drawing showing all streets, public or private, building sites, lots or plots, areas proposed for dedication, parks, parkways, easements, school sites, street widening, points of ingress and egress, topography and specific areas proposed for specific types of land use. 2. Where buildings greater than two (2) stories in height, except single- family dwellings, are proposed, elevations or perspective drawings may be required. Such drawings shall clearly indicate the influence of the proposed structures on the light, air, access and exposure to adjacent property. 53 t GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. r] 0 0 r7 3. Screening and landscaping plans shall be required for all mobile home parks, the rear of all shopping centers and at any other points or locations determined essential to the general welfare of adjacent property by the City Council. 4. Any or all Site or Development Plan requirements may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning and Zoning Commission. SECTION 20: NONCONFORMING USES AND STRUCTURES A nonconforming status shall exist under the following provisions of this ordinance: 1. When 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 this Zoning Ordinance and has been operating since without discontinuance. 2. When 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 at the time of annexation to the City of Prosper and has been in regular and continuous use. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street loading or off-street parking space upon approval of the Planning and Zoning Commission. 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. A change of occupancy from one nonconforming use to another nonconforming use may be made by securing a Certificate of Occupancy provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted or provided that such use change is to a use permitted in a more restrictive classification; provided further that such change of use and occupancy will not tend to prolong the life of a nonconforming structure. 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. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance to this Ordinance. 54 GIITIFRQF7 SM01ISF WIIMIIT & AStoC_ ANC 0 71 Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six (6) months, shall be considered to have been abandoned. Any nonconforming use which is moved from the premises shall be considered to have been abandoned. If a nonconforming structure or 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 may be permitted after a hearing and favorable action by the Planning and Zoning Commission, but the size and function of the nonconforming use shall not be expanded. Should any use requiring a Specific Use Permit in a Recreational District classification be abandoned or the ownership thereof changed from the ownership existing at the time of the grant of such Specific User Permit, the seller shall be required to give written notification to the Planning and Zoning Commission of the City of Prosper within one hundred and twenty (120) days before such abandonment or change in ownership so that the Planning and Zoning Commission may consider rezoning. SECTION 21: BOARD OF ADJUSTMENT ORGANIZATION There is hereby created a Board of Adjustment consisting of four (4) members and a chairman, each to be appointed by the Mayor with approval of the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Two members heretofore appointed shall serve until , or until their successors are appointed and three members, as heretofore appointed shall serve until , or until their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two (2) years unless removed as hereinabove set forth. Provided, however, that the Mayor, with the approval of the City Council, may appoint four (4) alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so, so that all cases to be heard by the Board of Adjustment will always be heard by a minimum number of the four (4) members. The alternate members shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. 55 GUTIERREZ, SMOUSE, WILMUT & ASSOC. INC. 1W PROCEDURE The Board of Adjustment shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Ordinance or Statutes of the State of Texas. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records as its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. APPEALS 1. Appeals to the Board of Adjustment can be taken by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the Building Official. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. 2. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 3. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by depositing such notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper of general circulation in the City of Prosper. Both the mailed and published notice shall be given at least ten (10) days prior to the date set for the hearing. At the hearing any party may appear in person or by attorney or agent. JURISDICTION When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following: 56 L i.I ITIFRRF] SM hIItF W11M1JT b ASsoc INC J ,I 1. To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Building Official in the enforcement of this Ordinance. 2. Special Exceptions: a. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building or the reconstruction of a structure destroyed by fire or the elements not to exceed sixty (60) percent of its reasonable value and the addition of off-street parking or off-street loading to a nonconforming use. b. Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this Ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The Board shall, from time to time, on its own motion or upon cause presented by interested property owners or on request of the City Council or Planning and Zoning Commission inquire into the existence, continuation or maintenance of any nonconforming use within the City. 3. Permit such variance or modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. In exercising its power to grant a variance in accordance with this Ordinance, the Board of Adjustment shall make findings and show in its minutes that: a. There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district. b. That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under the Ordinance, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made. C. That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the Land Use Plan and will not adversely affect any other feature of the Community Structure Plan of the City of Prosper. d. That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. 57 GUTIERREZ, SMOUSE, WILMUT G ASSOC. INC. 0 J J ACTIONS OF THE BOARD 1. In exercising its powers, the Board of Adjustment may, in conformity with the provisions of Article 1011-a and including 1011-j of the 1925 Civil Statutes of Texas, as amended, reverse or affirm, wholly or partly, may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal was taken including the power to impose reasonable conditions to be complied with by the applicant. 2. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variance in said Ordinance. 3. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to the court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision by the Board of Adjustment and its recommendation in the minutes and not thereafter. SECTION 22: CERTIFICATE OF OCCUPANCY AND COMPLIANCE No building hereafter erected, converted or structurally altered shall be used or occupied and no land or nonresidential building may be changed in use unless or until a Certificate of Occupancy and Compliance has been issued by the Planning and Zoning Commission of the City of Prosper stating that the building or proposed use of land or building complies with the provisions of this Ordinance and other building laws of the City of Prosper. A Certificate of Occupancy and Compliance shall be applied for coincident with the application for a Building Permit and will be issued within ten (10) days after the completion of the erection, alteration or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this Ordinance. A Certificate of Occupancy and Compliance shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Planning and Zoning Commission, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected. SECTION 23: COMPLETION OF BUILDING UNDER CONSTRUCTION Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this Ordinance and which the entire building shall be completed within one (1) year from the date of the passage of this Ordinance. 58 r,IITIFQQF7 %MC111%F WILMUT & Assoc- INC. s 0 0 SECTION 24: AMENDMENTS Any person or corporation having a proprietary interest in any property may petiton the City Council for a change or amendment to the provisions of this Ordinance, or the Planning and Zoning Commission may on its own motion or request from the City Council, institute study and proposal for changes and amendments in the public interest. The City Council may, from time to time, amend, supplement or change by Ordinance, the boundaries of the districts or the regulations herein established as provided by the Statutes of the State of Texas. Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the Planning and Zoning Commission for its recommendation and report. The Planning and Zoning Commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the City Council. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public hearing before the Planning and Zoning Commission on the proposed amendment or change shall be mailed to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each taxpayer as the ownership appears on the last approved City tax roll. When any such amendment relates to a change of a zoning regulation or to the text of this Ordinance not affecting specific property, notice of the public hearing of the Planning and Zoning Commission shall be given by publication in a newspaper of general circulation in the City of Prosper without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, which time shall not be earlier than ten (10) days from the date of publication. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation in the City of Prosper stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. Unless a proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by owners of twenty (20) percent or more, either of the area of the lots included in such a proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom 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 a three - fourths vote of the City Council. 59 GUTIERREZ. SMOUSE, WILMUT G Assoc. INC. !71 J SECTION 25: GENERAL DEFINITIONS Certain words in this ordinance not heretofore defined are defined as follows: Words in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the words "plot" or "tract"; the word "shall" is mandatory and not discretionary. 1. Accessory Use - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. 2. Accessory Building, Attached - An integral portion of a main structure devoted to uses incidental and accessory to the main use, such as an attached garage, storage area or carport. 3. Accessory Building, Detached - A free standing structure designed and used for functions incidental and accessory to the main use, such as a garden shelter, separate garage or storage house. 4. Alley - A public space or thoroughfare which affords only secondary means of access to property abutting thereon. 5. Apartment - A room or suite of rooms in a multi -family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals. 6. Apartment House - Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. 7. Area of the Lot - The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys. 8. Basement - A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. 9. Block - An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street. 10. Building - Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemend a separate building. .E (71 MrRRF7 SMnI1GF Wli MUT & Assoc INC. ►l 40 11. Building Line - A line parallel or approximately parallel to the street line at a specified distance therefrom establishing the minimum distance from the street line that a building may be erected. 12. Building Ends - Those sides of a building having the least dimensions as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple -family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building. 13. Cellar - A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height. 14. Certificate of Occupancy - An official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued. 15. Council, Cit - The governing and legislative body of the City of Prosper, Texas, the City Commission. 16. City Administrator - Chief Administrative Officer of the City of Prosper, Texas. 17. Planning and Zoning Commission - The agency designated in the Ordinance as the Planning Commission and appointed by the City Council as an advisory body to it and which is authorized to recommend change in the Zoning Ordinance. 18. Clinic - A group of offices for one or more physicians, surgeons or dentists to treat sick or injured out patients who do not remain overnight. 19. Convalescent Home - Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. 20. Coverage - The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of three (3) feet from the walls of a building shall be excluded from coverage computations. 21. Court - An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space. 22. District - A section of the City of Prosper for which the regulations governing the height, area or use of the land and buildings are uniform. 23. Dwelling, Single -Family - A detached building having accommodations for and occupied by not more than one family, or by two families and not more than three (3) boarders and lodgers. 61 GIITIERREZ $MOUSE. WILMUT & ASSOC. INC 40 M 40 40 qM 24. Dwelling, Two -Family - A detached building having separate accommodations or and occupied by not more than two families, or by two families and not more than three (3) boarders and lodgers. 25. Dwelling,Multiple-Family - Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. 26. Dwelling Unit - A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. 27. Family - Any number of individuals unit, in which not more than two marriage or adoption. living together as a single housekeeping (2) individuals are unrelated by blood, 28. Floor Area - The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages. 29. Floor Area Ratio (FAR) - The ratio between the total square feet of floor area in a structure and the total square feet of land in the lot or tract on which the structure is located. 30. H��eigghht�t - The vertical distance of a building measured from the average est ished grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard shall be used for a base level. 31. Legal Height - The maximum height of a building permitted by any airport zoning ordinance or other ordinance restricting the height of structures. 32. Living Unit - The room or rooms occupied by a family and must include cooking facilities. 33. Lot - Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this Ordinance and having its principal frontage upon a public street or officially approved place. 62 If L r--- --nor \ --, r_ --, I.- ;0 a to • 71 0 17 34. Lot Coverage - The percentage of the total area of a lot occupied by the base first story or floor) of buildings located on the lot or the area determined as the maximum cross sectional area of a building. 35. Lot Lines - The lines bounding a lot as defined herein. 36. 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 County or a parcel of land, the deed for which is recorded in the office of the County Clerk of Collin County prior to the adoption of this Ordinance. 37. Lot Width - The width of a lot at the front building line. (See Appendix ITTilstration 1) 38. Main Building - The building or buildings on a lot which are occupied by the primary use. 39. Mobile Home Dwelling - A dwelling unit designed as a house trailer or mobile home which is made immobile and used as a temporary or permanent dwelling or as part of a permanent dwelling, but not including pickup campers or travel trailers used temporarily for camping or outings. 40. Nonconforming Use - A building, structure or use of land lawfully occupied at the time of the effective date of this Ordinance or amendments thereto, or which was subsequently annexed to the City and which does not conform to the use regulations of the district in which it is situated. 41. Occupancy - The use or intended use of the land or buildings by proprietors or tenants. 42. Office of Planning and Zoning Commission - The office of the Director of Community Development shall be the office of the Planning and Zoning Commission. 43. Open Space - Area included in any side, rear or front yard or any unoccupied space on the lot or tract that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. 44. Parking Space - An enclosed or unenclosed all weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, together with an all- weather surfaced driveway connecting the area with a street or alley permitting free ingress and engress to the street or alley. Any parking adjacent to a public street wherein any portion of the parking is located on the public street shall not be classified as off. -street parking in computing the parking area requirements for any use. 63 C. ...r Uff_ A—, I. L. r +r C 45. Residence - Same as dwelling; also when used with district and area of residential regulations. 46. Sign - An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on premises. 47. Story - The height between the successive floors of a building or from the top floor to the roof. The standard height of a story is eleven (11) feet six (6) inches. 48. Street - Any thoroughfare or public driveway, other than an alley, and more than thirty (30) feet in width, which has been dedicated or deeded to the public for public use. 49. Street Line - A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line. 50. Structural Alterations - Any change in the supporting member of a building, such as a bearing wall, column, beam or girder. 51. Structure - (Same as Building). 52. Thoroughfare - (Same as Street). 53. Yard - An open space, other than a court, on the lot in which a building is situated and which is not obstructed for a point thirty (30) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material. 54. Yard, Front - An open, unoccupied space on lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. (See Appendix Illustrations 3 and 4). 55. Yard, Rear - An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated. (See Appendix Illustration 3). 56. Yard, Side - An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line. (See Appendix Illustrations 3 and 4). 64 ` iiIITIFRRF] SMOIKF WIIMIIT G A%%nf 1NC 40 is 57. 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 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. 58. Zoning District Map - The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance of the City of Prosper. SECTION 26: PENALTY FOR VIOLATIONS Any person violating or failing to comply with any of the provisions of this Ordinance shall be fined upon conviction not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and each day any violation or noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State law as provided in Texas Revised Civil Statutes, Article 1011-h and the power of injunction may be exercised in enforcing this Ordinance whether or not there has been a criminal complaint filed. In addition to the penalty provided for, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation of the terms of this Ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners. SECTION 27: PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use 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. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this Zoning Ordinance was adopted, shall be discharged or affected the passage of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects. 65 GUTIERREZ. SMOUSE. WILMUT G ASSOC. INC. 40 yr► +r 40 46 0 E-1 p'7 SECTION 28: SAVINGS CLAUSE It is hereby declared to be the intention of the City Council of the City of Prosper that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, such unconsti- tutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. ATTEST: City ecretary City of Prosper PASSED AND APPROVED ON This day of - L Zky/ rty or of Prosper, Texas Im 171 u 0 0 6,71 APPENDIX 67 rl 40 4 ILLUSTRATIONS 40 0 rP r i I. LOT NYIDTH _� -- _ 7 ��.. Q� fRL+•T YARD FRONT YARp I ��T ��� 1 • w'L�, yr: • WILDING LIME _ C(J7L�`f LIB � -� � LOT WIDTH • • LOT WIDTH ; L07 WROTH t • (A) le) tc) 2. LOT DEPTH STREET _ STREET i FI i 1 . • , z • s � W O • W • , 1 I • - -1 IC ' ALLEY -_E 7 B • (C) (A) LOT DEPTH IS FUNCTION OF MINIMUM LOT AREA AND LOT WIDTH _ STREET _ FRONT YARD [- - - - — I T UILDING AREA ACCESSORY I BUILDING LINE , 1 I 50 % OF THIS AREA MAY BE COVERED BY STRUCTURES 3z ALLEY OR EASEMENT WHERE ATRIUM OR PATIO HOUSES OR ARE ATTACHED ALONG REAR OF LOT IS REOUIREO. 3. YARDS STREET _ MID POINT ON t' SLOT LINE, / %---- ' BUILDING AREA RESIDENTIAL - ..•.................... • STRUCTURE BUILDING LINE SOIL OF THIS • AREA MAY BE • COVERED BY STRUCTURES ACCESSORY BUILDING 1 • LINE EY NO try T OR EAS.Em T_ O CLUSTER HOMES BAP( REOUIREO NO REAR YARD NI• STREET • FRONT OF LOT IS SIDE OF LEAST DIMENSION _ _ I�H _� IO K LOT PLATTED PRIOR TO EFFECTIVE DATE OF ORDINANCE STREET _ FRQNT YAR 0 I DIMENSIONS" I MAY BE VARIEDi } ¢I ON PLAT aI APPROVED BYI Z THE PLANNINGI p wol AND ZONING I LL NI COMMISSION REAR YARD LOT PLATTED AFTER EFFECTIVE DATE OF ORDINANCE 4. CORNER LOT 1 I ' STREETa FRONT YARD20 MINIM I F- I W �- W CC-[ - � TH18 BUILDING LINE MAY BE N I . VARIED FROM FRONT YARD ¢ i STANDARD IFAPPROVED ON } I PLAT BY CITY PLANNING AND ZONING COMMISSION PROVIDED F THIS DISTANCE IS NOT REDUCED aTO LESS THAN 10 FEE,9 U. E' BUILDING LINE FOR ACCESSORY BUILDING ESTABLISHED BY STREET PLAT OR ORDINANCE FRONT -�- 5- YARD STANDARD METHOD OF MEASURING FRONT 4 I , FRONT YARD YARDS BOTH FRONTAGES - SPECIFIED FRONT YARD RO - - FRONT FRONT ' YARD YARD (PROPERTY LINE STREET 1 DOUBLE FRONTAGE LOTS 6 IN SPLIT ZONING FRONT YARD REMAINS UNIFORM THROUGHOUT BLOCK SF-2 SF-2 SF-2 SF-2 i NS NS NS NS _-- FR YARD -- -- L STREET 7 FRONT YARD WHERE ..ZONING CHANGES IN A BLOCK . 70 n 8. INTERPRETATION OF AVERAGE FRONT YARD WHERE YARD DEPTH VARIES Basis of Cornputation Existing Buildings Computed Minimum Setbacks Lots Set Back A 28.75' average - vacant C 15' B 25' need not set back over 10' from C D 35' C 15' existing E 35' D 35' existing : H 45' E 35' existing F 28.75' average - vacant * Other vacant lots assumed G 38.75' nec4 not set back over-10' from F 25' from sec *i0,, to. - vacant Average Line = 28.75' H 45' existing A B c D E G F H _F T Average Lim r CompM as r 31.25 Feet 35' 35' * * 43' STREET r LESS THAN 35' J r 9. SPECIAL APARTMENT SIDE YARD AND SPACING STANDARDS WHERE LONG DIMENSION OF BUILDING IS PARALLEL TO SIDE YARD COMBINATION OR 10 FEET OR 10 FEET WHERE END OR NARROW DIMIENSION Of BUILDING IS PARALLEL TO SIDE YARD 71 a 40 10. FLOOR AREA RATIO ( ,I EACH DRAMP 0 ILLUSTRATES FLOOR AREA RATIO OF I:I = SET BACK STANDARDS HIGH RISE • APARTMENT, a SIMILAR STRUCTURES PERW \ O W / } La ¢ IT / N \ 2 . W I/ / (a) / lad \G WHEN HEIGHT EQUALS 2(a), FRONT YARD MEASURED FROM STREET CENTERLINE MUST BE MINIMUM OF (a). SIDE AND REAR YARDS WITH OPENINGS FOR LIGHT OR AIR, SHALL BE ' MINIMUM DIMENSION OF (a)WHEN HEIGHT IS 2(a). IN NO CASE NEED (a) EXCEED' SIXTY (60) FEET. 12. SIDE YARD STANDARDS ATTACHED SINGLE FAMILY DWELLINGS J l ( M AY.IMUM 300 FEET i I S' SIDE YARD IO � j i I S' SIDE YARD t ► W c ct / .. W R r Y W ,I STREET 72 I rl PLANNED DEVELOPMENTS 73 u 0 SPECIFIC USE PERMITS Cc i" AMENDING ORDINANCES v u