15-55 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-55
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
ORDINANCE NO. 05-20, BY REPEALING EXISTING SUBSECTION
4.2, "REGULATIONS," OF SECTION 4, "SINGLE FAMILY -ESTATE
DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 4.2, "REGULATIONS,"
OF SECTION 4, "SINGLE FAMILY -ESTATE DISTRICT," OF CHAPTER
2, "ZONING DISTRICTS"; REPEALING EXISTING SUBSECTION 5.2,
"REGULATIONS," OF SECTION 5, "SINGLE FAMILY -22," OF
CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 5.2, "REGULATIONS," OF SECTION 5, "SINGLE
FAMILY -22," OF CHAPTER 2, "ZONING DISTRICTS"; REPEALING
EXISTING SUBSECTION 6.2, "REGULATIONS," OF SECTION 6,
"SINGLE FAMILY -17.5," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 6.2, "REGULATIONS,"
OF SECTION 6, "SINGLE FAMILY -17.5," OF CHAPTER 2, "ZONING
DISTRICTS"; REPEALING EXISTING SUBSECTION 7.2,
"REGULATIONS," OF SECTION 7, "SINGLE FAMILY -15 DISTRICT,"
OF CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 7.2, "REGULATIONS," OF SECTION 7, "SINGLE
FAMILY -15 DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS";
REPEALING EXISTING SUBSECTION 8.2, "REGULATIONS," OF
SECTION 8, "SINGLE FAMILY -12.5 DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 8.2, "REGULATIONS," OF SECTION 8, "SINGLE
FAMILY -12.5 DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS";
REPEALING EXISTING SUBSECTION 9.2, "REGULATIONS," OF
SECTION 9, "SINGLE FAMILY -10 DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 9.2, "REGULATIONS," OF SECTION 9, "SINGLE
FAMILY -10 DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS";
REPEALING EXISTING SUBSECTION 2.6(A)(1), "SINGLE FAMILY,
TWO FAMILY (DUPLEX), TOWN HOME, AND MOBILE HOME
LANDSCAPE AREA REQUIREMENTS," OF SUBSECTION 2.6,
"LANDSCAPE AREA REQUIREMENTS," OF SECTION 2,
"LANDSCAPING," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS," AND REPLACING IT WITH A NEW SUBSECTION
2.6 (A) (1), "SINGLE FAMILY, TWO FAMILY (DUPLEX), TOWN HOME,
AND MOBILE HOME LANDSCAPE AREA REQUIREMENTS," OF
SUBSECTION 2.6, "LANDSCAPE AREA REQUIREMENTS," OF
SECTION 2, "LANDSCAPING," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS"; AMENDING SECTION 7, "ACCESSORY
BUILDINGS AND USES," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS," BY ADDING THERETO A NEW SUBSECTION, 7.7,
"CARPORT DESIGN STANDARDS"; REPEALING EXISTING
SUBSECTION 9.8, "EXTERIOR CONSTRUCTION OF MAIN
BUILDINGS," OF SECTION 9, "ADDITIONAL AND SUPPLEMENTAL,"
OF CHAPTER 4, "DEVELOPMENT REQUIREMENTS," AND
REPLACING IT WITH A NEW SUBSECTION 9.8, "EXTERIOR
CONSTRUCTION OF MAIN BUILDINGS," OF SECTION 9,
"ADDITIONAL AND SUPPLEMENTAL," OF CHAPTER 4,
"DEVELOPMENT REQUIREMENTS"; AMENDING SECTION 9,
"ADDITIONAL AND SUPPLEMENTAL," OF CHAPTER 4,
"DEVELOPMENT REQUIREMENTS," BY ADDING THERETO A NEW
SUBSECTION, 9.19, "ALTERNATING SINGLE FAMILY PLAN
ELEVATIONS"; AMENDING SECTION 9, "ADDITIONAL AND
SUPPLEMENTAL," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS," BY ADDING THERETO A NEW SUBSECTION,
9.20, "RESIDENTIAL GARAGE STANDARDS"; PROVIDING FOR A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the
Planning and Zoning Commission of the Town of Prosper, Texas, has recommended
amending the Town's Zoning Ordinance to encompass those amendments as set forth
herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public's
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection 4.2,
"Regulations," of Section 4, "Single Family -Estate District," of Chapter 2, "Zoning
Districts," of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby
repealed in its entirety and replaced with a new Subsection 4.2, "Regulations," to read as
follows:
"4.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Forty (40) feet.
2. Minimum Side Yard — Fifteen (15) feet; including on corner adjacent to
side street.
3. Minimum Rear Yard —Twenty five (25) feet.
Ordinance No. 15-55, Page 2
B. Size of Lots:
1. Minimum Lot Area — One (1) acre.
2. Minimum Lot Width —One hundred and fifty (150) feet.
3. Minimum Lot Depth —Two hundred (200) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2'/) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
percent of the area between the front property line and any front building wall.
The area subject to the maximum impervious coverage is illustrated below."
From and after the effective date of this Ordinance, existing Subsection 5.2,
"Regulations," of Section 5, "Single Family -22," of Chapter 2, "Zoning Districts," of the
Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its entirety
and replaced with a new Subsection 5.2, "Regulations," to read as follows:
"5.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard —Forty (40) feet.
2. Minimum Side Yard — Twelve (12) feet; fifteen (15) feet on corner
Ordinance No. 15-55, Page 3
LJArea
Excluded from
"— Calculation
Area Subject to
Area Subject to
Maximum
rF.,._.-. Maximum
Impervious
Impervious Coverage
Coverage
.- Front Property Line
SECTION 3
From and after the effective date of this Ordinance, existing Subsection 5.2,
"Regulations," of Section 5, "Single Family -22," of Chapter 2, "Zoning Districts," of the
Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its entirety
and replaced with a new Subsection 5.2, "Regulations," to read as follows:
"5.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard —Forty (40) feet.
2. Minimum Side Yard — Twelve (12) feet; fifteen (15) feet on corner
Ordinance No. 15-55, Page 3
adjacent to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Twenty two thousand (22,000) square feet.
2. Minimum Lot Width —One hundred and twenty (120) feet.
3. Minimum Lot Depth —One hundred and seventy (170) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (21/2) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
percent of the area between the front property line and any front building wall.
The area subject to the maximum impervious coverage is illustrated below."
fi
Area Subject to
Maximum
Impervious
—�
Coverage
N
SECTION 4
Area Excluded from
® Calculation
Area Subject to
Maximum
Impervious Coverage
t— Front Property Line
From and after the effective date of this Ordinance, existing Subsection 6.2,
"Regulations," of Section 6, "Single Family -17.5," of Chapter 2, "Zoning Districts," of the
Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its entirety
and replaced with a new Subsection 6.2, "Regulations," to read as follows:
"6.2 REGULATIONS:
A. Size of Yards:
Ordinance No. 15-55, Page 4
1. Minimum Front Yard —Thirty five (35) feet.
2. Minimum Side Yard — Ten (10) feet; fifteen (15) feet on corner adjacent
to side street.
3. Minimum Rear Yard — Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Seventeen thousand five hundred (17,500) square
feet.
2. Minimum Lot Width —One hundred (100) feet.
3. Minimum Lot Depth —One hundred and fifty (150) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2'/2) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
percent of the area between the front property line and any front building wall.
The area subject to the maximum impervious coverage is illustrated below."
Ordinance No. 15-55, Page 5
Area Excluded from
Calculation
Area to Subject Sub
1 """
Area Subject to
Maximum,
w�,...—.. Maximum
Impervious
Impervious Coverage
Coverage
Front Property Line
Ordinance No. 15-55, Page 5
SECTION 5
From and after the effective date of this Ordinance, Subsection 7.2,
"Regulations," of Section 7, "Single Family -15 District," of Chapter 2, "Zoning Districts,"
of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 7.2, "Regulations," to read as follows:
7.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard —Thirty five (35) feet.
2. Minimum Side Yard — Ten (10) feet; fifteen (15) feet on corner adjacent
to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area —Fifteen thousand (15,000) square feet.
2. Minimum Lot Width —One hundred (100) feet.
3. Minimum Lot Depth —One hundred and thirty five (135) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2'/2) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
percent of the area between the front property line and any front building
wall. The area subject to the maximum impervious coverage is illustrated
below."
Ordinance No. 15-55, Page 6
SECTION 6
From and after the effective date of this Ordinance, Subsection 8.2,
"Regulations," of Section 8, "Single Family -12.5 District," of Chapter 2, "Zoning Districts,"
of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 8.2, "Regulations," to read as follows:
"8.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard —Thirty (30) feet.
2. Minimum Side Yard — Eight (8) feet; fifteen (15) feet on corner adjacent
to side street.
3. Minimum Rear Yard — Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Twelve thousand five hundred (12,500) square
feet.
2. Minimum Lot Width — Eighty (80) feet.
3. Minimum Lot Depth —One hundred and thirty five (135) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2%) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
Ordinance No. 15-55, Page 7
Area Excluded from
"—® Calculation
Area Subject to
Area Subject to
Maximum
—Maximum
Impervious
Impervious Coverage
Coverage
Front Property Line
SECTION 6
From and after the effective date of this Ordinance, Subsection 8.2,
"Regulations," of Section 8, "Single Family -12.5 District," of Chapter 2, "Zoning Districts,"
of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 8.2, "Regulations," to read as follows:
"8.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard —Thirty (30) feet.
2. Minimum Side Yard — Eight (8) feet; fifteen (15) feet on corner adjacent
to side street.
3. Minimum Rear Yard — Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area — Twelve thousand five hundred (12,500) square
feet.
2. Minimum Lot Width — Eighty (80) feet.
3. Minimum Lot Depth —One hundred and thirty five (135) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2%) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
Ordinance No. 15-55, Page 7
percent of the area between the front property line and any front building wall.
The area subject to the maximum impervious coverage is illustrated below."
Area Subject to
Maximum
Impervious
Coverage
SECTION 7
Area Excluded from
Calculation
Area Subject to
<— Maximum
Impervious Coverage
Front Property Line
From and after the effective date of this Ordinance, Subsection 9.2,
"Regulations," of Section 9, "Single Family -10 District," of Chapter 2, "Zoning Districts,"
of the Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 9.2, "Regulations," to read as follows:
"9.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard — Twenty five (25) feet.
2. Minimum Side Yard — Eight (8) feet; fifteen (15) feet on corner adjacent
to side street.
3. Minimum Rear Yard —Twenty five (25) feet.
B. Size of Lots:
1. Minimum Lot Area —Ten thousand (10,000) square feet.
2. Minimum Lot Width —Eighty (80) feet.
3. Minimum Lot Depth —One hundred and twenty five (125) feet.
C. Minimum Dwelling Area: One thousand eight hundred (1,800) square feet.
D. Minimum Enclosed Parking (Garage) Area: Four hundred (400) square
feet.
E. Maximum Height: Two and a half (2%) stories, no greater than forty (40)
feet.
F. Exterior Construction of Main Buildings: Refer to Chapter 4, Section 9.8.
G. Maximum Lot Coverage: Forty five (45) percent.
Ordinance No. 15-55, Page 8
H. Maximum Impervious Coverage of Front Yards: The cumulative area of
any driveway plus any other impervious surface area located between the
front property line and any front building wall shall not exceed fifty (50)
percent of the area between the front property line and any front building wall.
The area subject to the maximum impervious coverage is illustrated below."
Area Subject to
Maximum
Impervious
Coverage
SECTION 8
Area Excluded from
Calculation
Area Subject to
- Maximum
Impervious Coverage
Front Property Line
From and after the effective date of this Ordinance, Subsection 2.6 (A) (1),
"Single Family, Two Family (Duplex), Town Home, and Mobile Home Landscape Area
Requirements," of Subsection 2.6, "Landscape Area Requirements," of Section 2,
"Landscaping," of Chapter 4, "Development Requirements," of the Zoning Ordinance,
Ordinance No. 05-20, as amended, is hereby repealed in its entirety and replaced with a
new Subsection 2.6 (A) (1), "Single Family, Two Family (Duplex), Town Home, and
Mobile Home Landscape Area Requirements," to read as follows:
112.6 LANDSCAPE AREA REQUIREMENTS:
A. Single Familv„ Two Familv (Duplex). Town Home, and Mobile Home
Landscape Area Requirements
Trees from the Large Tree list in Section 2.7 below shall be planted on all
Single -Family Detached, Two Family (Duplex), and Town Home lots.
Trees shall be planted to meet the total number of caliper inches
referenced in the table below. Required trees shall not be smaller than
three (3) caliper inches. A minimum of one (1) - four (4) caliper inch
tree(s) shall be located in the front yard of all residential lots less than
7,000 square feet in size. A minimum of two (2) - four (4) caliper inch
trees shall be located in the front yard of all residential lots 7,000 square
feet in size and larger. The remaining required Large Trees may be
placed in the front or rear of the residential lot. The total caliper inches of
Large Trees and number of shrubs are required as shown in the table
below.
Ordinance No. 15-55, Page 9
Size of Lot (se. ft.) Calmer Inches Number of Shrubs
2,500 - 6,999 4 12
7,000 - 8,999 8 15
9,000 - 19,999 11 20
20,000+ 14 25
2. A minimum of one (1) tree from the Large Tree list in Section 2.7 below
shall be planted in the side yard area adjacent to the street on a corner
lot. When more than two (2) trees are required per lot, the corner lot, side
yard tree may count toward the requirement. Street trees (trees located
in the parkway area between the curb and the sidewalk) adjacent to the
side yard of a corner lot may count toward the requirement."
SECTION 9
From and after the effective date of this Ordinance, Section 7, "Accessory
Buildings and Uses," of Chapter 4, "Development Requirements," of the Zoning
Ordinance, Ordinance No. 05-20, as amended, is hereby amended to create a new
subsection, 7.7, "Carport Design Standards," to read as follows:
"7.7 CARPORT DESIGN STANDARDS
The support structures of a carport shall be of the same material as the main
structure. The roof shall have a minimum roof pitch of 6:12 and be of similar
material and architectural design as the main structure."
SECTION 10
From and after the effective date of this Ordinance, Subsection 9.8, "Exterior
Construction of Main Buildings," of Section 9, "Additional and Supplemental," of Chapter
4, "Development Requirements," of the Zoning Ordinance, Ordinance No. 05-20, as
amended, is hereby repealed in its entirety and replace with a new Subsection 9.8,
"Exterior Construction of Main Buildings," to read as follows:
"9.8 EXTERIOR CONSTRUCTION OF MAIN BUILDINGS
A. The exterior facades of a main building or structure, excluding glass windows
and doors, in the A, SF, DTSF, DTO, 2F, and TH Districts shall comply with
the following requirements:
The exterior facades shall be constructed of one hundred (100) percent
masonry, unless otherwise specified in this Ordinance.
2. Cementatious fiber board is considered masonry, but may only constitute
fifty (50) percent of stories other than the first story.
3. Cementatious fiber board may not be used as a fagade cladding material
for portions of upper stories that are in the same vertical plane as the first
story.
Ordinance No. 15-55, Page 10
4. Unless an alternate material is approved by the Town Council, any
portion of an upper story, excluding windows, that faces a street, public or
private open space, public or private parks, or hike and bike trails, shall
be 100% masonry and shall not be comprised of cementatious fiber
board.
5. Unless an alternate material is approved by the Town Council, the
exterior cladding of chimneys shall be brick, natural or manufactured
stone, or stucco.
6. In the DTSF and the DTO District, cementatious fiber board may be used
on up to ninety (90) percent of a structure.
7. Cementatious fiber board may be used for architectural features,
including window box -outs, bay windows, roof dormers, garage door
headers, columns, or other architectural features approved by the
Building Official.
B. The roof pitches of a main building or structure, including garages, in the A,
SF, DTSF, DTO, 2F, and TH Districts shall meet the following roof pitch
standards:
1. A minimum of sixty-five percent (65%) of the surface area of composition
roofs shall maintain a minimum roof pitch of 8:12.
2. A minimum of seventy-five percent (75%) of the surface area of clay tile,
cement tile, slate or slate products, or metal roofs shall maintain a
minimum roof pitch of 3:12.
3. Wood roof shingles are prohibited.
C. All exterior facades for a main building or structure, excluding glass windows
and doors, in the MF, O, DTR, NS, R, DTC, C, CC, and I Districts shall be
constructed of one hundred (100) percent masonry as defined in Chapter 3,
Section 2. The use of stucco and EIFS are only permitted as secondary or
accent materials.
D. Metal buildings are permitted in the I District upon review by the Planning &
Zoning Commission and approval by the Town Council subject to:
1. The maximum height of metal buildings is thirty six (36) feet;
2. The lot on which the building is constructed must have frontage only on
streets with eighty (80) feet of right-of-way or greater;
3. The lot containing a metal building shall be five hundred (500) feet from
all Zoning Districts other than the C, CC, and I Districts;
4. The wall of the building facing the street must be one hundred (100)
percent masonry; and
Ordinance No. 15-55, Page 11
5. Other walls of the building visible from a street must have trees planted
on thirty (30) foot centers within twenty (20) feet of the building.
E. Exterior construction of maintenance buildings for golf courses, public or
parochial schools, churches, or the Town of Prosper may be metal upon
issuance of a Specific Use Permit. Exterior construction of buildings used for
agricultural purposes in conjunction with a school may be metal upon
issuance of a Specific Use Permit.
If an expansion or an addition to an existing metal building is not greater than
ten (10) percent or seven thousand (7,000) square feet, whichever is greater,
the masonry requirements shall not apply to the expansion or addition to the
existing metal building.
F. The Town Council may approve materials which are equivalent to, or exceed,
the standards set forth in Chapter 4, Section 9.8 (A & C), above."
SECTION 11
From and after the effective date of this Ordinance, Section 9, "Additional and
Supplemental," of Chapter 4, "Development Requirements," of the Zoning Ordinance,
Ordinance No. 05-20, as amended, is hereby amended to create a new subsection,
9.19, "Alternating Single Family Plan Elevations," to read as follows:
"9.19 ALTERNATING SINGLE FAMILY PLAN ELEVATIONS
A. In the SF Districts, a minimum of four (4) distinctly different home elevations
shall be built on the same side of the street. Similar elevations shall not face
each other. The same elevation shall not be within three homes of each
other on the same side of the street.
B. Different exterior elevations can be met by meeting at least two of the
following criteria:
1. Different roof forms/profiles
2. Different fagades consisting of different window and door style and
placement
3. Different entry treatment such as porches and columns
4. Different number of stories."
SECTION 12
From and after the effective date of this Ordinance, Section 9, "Additional and
Supplemental," of Chapter 4, "Development Requirements," of the Zoning Ordinance,
Ordinance No. 05-20, as amended, is hereby amended to create a new subsection,
9.20, "Residential Garage Standards," to read as follows:
Ordinance No. 15-55, Page 12
"9.20 RESIDENTIAL GARAGE STANDARDS
A. In the SF and the DTSF Districts, garages shall meet the following requirements:
1. In no instance shall a garage door directly facing a street be less than 25 feet
from the property line.
2. Garage doors directly facing a street shall not occupy more than fifty percent
(50%) of the width of the front fagade of the house.
3. Where a home has three (3) or more garage/enclosed parking spaces, no
more than two (2) single garage doors or one (1) double garage door shall
face the street, unless the garage door(s) are located behind the main
structure."
SECTION 13
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The Town hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 14
All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 15
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 16
This Ordinance shall become effective from and after its adoption and publication
as required by law; however, the provisions of this Ordinance shall not be applicable to
any residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
Ordinance No. 15-55, Page 13
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 22ND DAY OF SEPTEMBER, 2015.
Ray Smith, Magor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 15-55, Page 14