07-048 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 07-048
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 2 (ZONING DISTRICTS) AND CHAPTER 4, SECTIONS 2, 4, 5, 8,
AND 9 OF ZONING ORDINANCE NO. 05-20; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")has determined
that Chapter 2 (Zoning Districts) and Chapter 4, Sections 2, 4, 5, 8, and 9 of the Town of Prosper, Texas
("Prosper")Zoning Ordinance No.05-20 should be amended; and
WHEREAS,Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Zoning Ordinance No. 05-20. Chapter 2 (Zoning
Districts) and Chapter 4, Sections 2, 4, 5, 8, and 9, of the Town of Prosper's Zoning Ordinance No.
05-20 are hereby amended to read as follows:
CHAPTER 2, SECTION 1
ZONING DISTRICTS ESTABLISHED AND DEFINITIONS
1.1 The Town of Prosper,Texas is hereby divided into the following zoning districts. Development
occurring in the following Districts shall comply with the regulations and standards as established
herein. The Districts established herein shall be known as:
Abbreviated Designation Zoning District Name
A Agricultural
SF-E Single Family-Estate
SF-22 Single Family-22
SF-17.5 Single Family-17.5
SF-15 Single Family-15
SF-12.5 Single Family-12.5
SF-10 Single Family-10
DTSF Downtown Single Family
TH Townhome
2F Two Family Residential
MF Multifamily
MH Mobile Home
0 Office
DTO Downtown Office
NS Neighborhood Service
DTR Downtown Retail
R Retail
DTC Downtown Commercial
C Commercial
CC Commercial Corridor
I Industrial
PD Planned Development
SUP Specific Use Permit
1.2 DEFINITIONS AND PURPOSE OF ZONING DISTRICTS (BASE ZONING DISTRICTS)
DTSF - DOWNTOWN SINGLE FAMILY DISTRICT: This District is designed specifically
for the residential portions of the original or downtown area of the Town. This area is generally
bounded by the Railroad tracks on the west, Eighth Street on the north, Craig Road on the east,
and First Street on the south. The standards set forth in this district strive to accommodate the
original platting, as well as the preferable standard for a minimum fifty-foot lot width. These
standards will provide for a suitable residential environment for family life on smaller parcels of
land. Other uses, such as religious and educational facilities, parks, and open spaces will be
provided for to maintain a balanced, orderly, convenient, and attractive residential area. This
zoning district is appropriate in residential areas designated as Old Town Core District on the
Future Land Use Plan.
DTO - DOWNTOWN OFFICE DISTRICT: This District is established to maintain existing
and encourage additional office development in the original downtown portion of the Town.
Standards for vehicle parking, building set-backs, and building height are similar to those existing
on developed properties in this section of the Town. Therefore, these standards are only
applicable to this section of the Town. This district will accommodate a variety of office
developments providing for professional, financial, medical, and similar services for local
residents and service uses necessary to support such office uses. This zoning district may be
appropriate in areas designated as Old Town Core District on the Future Land Use Plan.
DTR — DOWNTOWN RETAIL DISTRICT: This District is established to maintain existing
and encourage additional retail development in the original downtown portion of the Town, west
of Coleman Street. Standards for vehicle parking, building set-backs, and building height are
similar to those existing on developed properties in this section of the Town. Therefore, these
standards are only applicable to this section of the Town. This zoning district may be appropriate
in areas designated as Old Town Core District on the Future Land Use Plan.
DTC - DOWNTOWN COMMERCIAL DISTRICT: This District is established to maintain
existing and encourage additional retail and commercial development in the original downtown
portion of the Town. Standards for vehicle parking, building set-backs, and building height are
similar to those existing on developed properties in this section of the Town. Therefore, these
standards are only applicable to this section of the Town. This zoning district may be appropriate
in areas designated as Old Town Core District on the Future Land Use Plan.
CHAPTER 2, SECTION 10
DOWNTOWN SINGLE FAMILY DISTRICT
10.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Single Family District is designed specifically for the residential portions of the
original or downtown area of the Town. This area is generally bounded by the Railroad tracks on
the west,Eighth Street on the north, Craig Road on the east,and First Street on the south. The
standards set forth in this district strive to accommodate the original platting, as well as the
preferable standard for a minimum fifty-foot lot width. These standards will provide for a
suitable residential environment for family life on smaller parcels of land. Other uses, such as
religious and educational facilities, parks, and open spaces will be provided for to maintain a
balanced,orderly, convenient, and attractive residential area. This zoning district is appropriate
in residential areas designated as Old Town Core District on the Future Land Use Plan.
10.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard—Twenty five(25)feet.
2. Minimum Side Yard—Five(5)feet; fifteen(15)feet on corner adjacent to side street.
3. Minimum Rear Yard—Ten(10)feet.
B. Size of Lots:
1. Minimum Lot Area—Six thousand(6,000) square feet.
2. Minimum Lot Width—Fifty(50)feet.
3. Minimum Lot Depth—One hundred and twenty(120)feet.
C. Minimum Dwelling Area: One thousand five hundred(1,500) square feet.
D. Maximum Height: Two and a half(21/2) stories,no greater than forty(40)feet.
E. Lot Coverage: fifty five(55)percent.
F. Building Materials: Exterior Construction of Main Buildings, Chapter 4, Section 9.8
10.3 PERMITTED USES:
List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards. See Chapter 3,
Section 1 for the conditional development standards.
• Accessory Building
• Antenna and/or Antenna Support Structure,Non-Commercial C
• Athletic Stadium or Field,Private C
• Athletic Stadium or Field,Public
• Bed and Breakfast Inn S
• Day Care Center,Adult S
• Day Care Center, Child C
• Day Care Center, In-Home C
• Garage Apartment
• Guest House
• Home Occupation C
• Homebuilder Marketing Center C
• House of Worship
• Household Care Facility
• Model Home
• Municipal Uses Operated by the Town of Prosper
• Park or Playground
• Private Recreation Center
• Private Street Development C
• Private Utility, Other Than Listed
• Rehabilitation Care Facility C
• School District Bus Yard C
• School,Private or Parochial S
• School,Public
• Single Family Dwelling,Detached
• Stealth Antenna, Commercial C
• Studio Dwelling
• Telephone Exchange S
• Temporary Building C
• Two Family Dwelling(Duplex)S
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
10.4 ARCHITECTURAL STANDARDS:
A. All construction must have an approved façade plan before issuance of a building permit.
The Town Planner or his/her designee will review all façade plans according to the following
standards and will either approve or deny the request. The applicant shall submit the appeal
request in writing, within 14 days of the decision, to the Planning Department. The written
request shall include specific reasons for the appeal and will be heard by the Town Council.
Appeals will require notification of property owners within 200 feet and shall be mailed 10
days prior to the hearing.
B. Structures must incorporate covered porches into the front façade, a multiplicity of roof
forms, and high pitch roof lines. The recommended architectural styles are Folk traditional,
Craftsman, and Victorian. The following examples are provided as guides for all new
construction in the Downtown Single Family District:
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CHAPTER 2, SECTION 16
DOWNTOWN OFFICE DISTRICT
16.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Office District is established to maintain existing and encourage additional office
development in the original downtown portion of the Town. Standards for vehicle parking,
building set-backs, and building height are similar to those existing on developed properties in
this section of the Town. Therefore,these standards are only applicable to this section of the
Town. This district will accommodate a variety of office developments providing for
professional,financial,medical, and similar services for local residents and service uses
necessary to support such office uses. This zoning district may be appropriate in areas designated
as Old Town Core District on the Future Land Use Plan.
16.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard—Twenty five(25)feet.
2. Minimum Side Yard — Five (5) feet; fifteen (15) feet on corner adjacent to side
street.
3. Minimum Rear Yard—Ten(10)feet.
B. Size of Lots:
1. Minimum Lot Area—Six thousand(6,000) square feet.
2. Minimum Lot Width—Fifty(50)feet.
3. Minimum Lot Depth—One hundred and twenty(120)feet.
C. Minimum Dwelling Area: One thousand five hundred(1,500) square feet.
D. Maximum Height: Two and a half(21/2) stories,no greater than forty(40)feet.
E. Lot Coverage: fifty five(55)percent.
F. Building Materials: Exterior Construction of Main Buildings, Chapter 4, Section 9.8
16.3 PERMITTED USES:
A. Studio dwellings are permitted in this District only when located in conjunction with an
Office use.
B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards. See Chapter 3,
Section 1 for the conditional development standards.
• Accessory Building
• Administrative,Medical, or Professional Office
• Antenna and/or Antenna Support Structure,Non-Commercial C
• Athletic Stadium or Field,Public
• Automobile Parking Lot/Garage.
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn S
• Business Service
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College,University, Trade,or Private Boarding School
• Commercial Amusement, Indoor
• Community Center
• Day Care Center,Adult S
• Day Care Center, Child C
• Day Care Center,Incidental S
• Dry Cleaning,Minor
• Fraternal Organization,Lodge, Civic Club,Fraternity,or Sorority
• Governmental Office
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilder Marketing Center
• Hospital
• House of Worship
• Insurance Office
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Park or Playground
• Print Shop,Minor
• Private Club S
• Private Recreation Center
• Private Utility, Other Than Listed
• Restaurant or Cafeteria C
• Retail/Service Incidental Use
• School,Private or Parochial
• School,Public
• Stealth Antenna, Commercial C
• Studio Dwelling
• Telephone Exchange
• Temporary Building C
• Utility Distribution/Transmission Facility S
• Water Treatment Plant S
16.4 ARCHITECTURAL STANDARDS:
B. All construction must have an approved façade plan before issuance of a building permit.
The Town Planner or his/her designee will review all façade plans according to the following
standards and will either approve or deny the request. The applicant shall submit the appeal
request in writing, within 14 days of the decision, to the Planning Department. The written
request shall include specific reasons for the appeal and will be heard by the Town Council.
Appeals will require notification of property owners within 200 feet and shall be mailed 10
days prior to the hearing.
B. Structures must incorporate covered porches into the front façade, a multiplicity of roof
forms, and high pitch roof lines. The recommended architectural styles are Folk traditional,
Craftsman, and Victorian. The following examples are provided as guides for all new
construction in the Downtown Single Family District:
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CHAPTER 2, SECTION 18
DOWNTOWN RETAIL DISTRICT
18.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Retail District is established to maintain existing and encourage additional retail
development in the original downtown portion of the Town. Standards for vehicle parking,
building set-backs, and building height are similar to those existing on developed properties in
this section of the Town. Therefore,these standards are only applicable to this section of the
Town. This zoning district may be appropriate in areas designated as Old Town Core District on
the Future Land Use Plan.
18.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard:
a. None if adjacent to a street with a right-of-way of eighty (80) feet or greater, a
minimum of eighty (80) percent of any building façade adjacent to a street must be
constructed on the property line.
b. Five (5) feet if adjacent to a street with less than eighty (80) if right-of-way, a
minimum of eighty (80) percent of any building façade adjacent to a street must be
constructed on the front yard setback line.
c. If adjacent to an intersection, all property lines adjacent to a street shall be deemed a
front yard. The building façade adjacent to the streets must be located on the front
yard setback lines towards the corner of the intersection. The setback is determined
by the right-of-way width.
The area between the back of curb and the building facade shall be provided as a minimum of
twelve (12) foot wide concrete sidewalk measured from the back of curb. Any area beyond the
twelve(12)feet and adjacent to the building façade may be provided as sidewalk or landscaping.
The following projections shall be permitted in the required setback or beyond the
property line:
a. Ordinary building projections, including but not limited to: water tables, sills, belt
courses, and pilasters, may project up to twelve (12) inches into the required front
yard or beyond the property line, or beyond the face of an architectural projection.
b. Balconies above the first floor may project up to forty-eight (48) inches into the
required front yard or beyond the property line and have a minimum of nine (9) feet
of clearance over the sidewalk.
c. Canopies, awnings, cinema or theater marquees,and/or kiosks may project up to
forty-eight(48) inches into the required front yard or beyond the property line and
have a minimum of nine(9) feet of clearance over the sidewalk.
d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six(36)
inches into the required front yard or beyond the property line, or beyond the face of
an architectural projection, provided that no portion extending below nine (9) feet
above the sidewalk may project more than twelve(12) inches.
e. Architectural projections, including bays, first floor show windows, towers, and
oriels; below grade vaults and areaways; and elements of a nature similar to the
preceding; may project up to thirty-six (36) inches into the required front yard or
beyond the property line.
2. Minimum Side Yard:
a. None, subject to provision of fire retardant wall as required by current adopted
edition of the Uniform Building Code.
b. Ten(10)feet without fire retardant wall.
3. Minimum Rear Yard:
a. None, if abutting an alley and constructed with fire retardant wall.
b. None, if attached to an adjacent building and constructed with fire retardant wall.
c. Ten(10)feet without alley separation or fire retardant wall.
B. Size of Lots:
1. Minimum Size of Lot Area: Five thousand(5,000)square feet unless platted as a lot
of record prior to the adoption of this district.
2. Minimum Lot Width: Forty five (45) feet unless platted as a lot of record prior to
the adoption of this district.
3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior
to the adoption of this district.
C. Maximum Height: Two(2) stories,no greater than forty(40)feet.
18.3 PERMITTED USES:
A. Studio dwellings are permitted in this District only when located in conjunction with a retail
use.
B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards. See Chapter 3,
Section 1 for the conditional development standards.
• Accessory Building
• Administrative,Medical, or Professional Office
• Antenna and/or Antenna Support Structure,Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Athletic Stadium or Field,Public
• Automobile Parking Lot/Garage
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer&Wine Package Sales C
• Business Service
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College,University,Trade, or Private Boarding School
• Commercial Amusement,Indoor
• Community Center
• Convenience Store without Gas Pumps
• Day Care Center,Adult S
• Day Care Center,Child C
• Day Care Center,Incidental S
• Dry Cleaning,Minor
• Farmer's Market
• Feed Store
• Fraternal Organization,Lodge, Civic Club, Fraternity,or Sorority
• Furniture,Home Furnishings and Appliance Store
• Governmental Office
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilder Marketing Center
• Hospital
• House of Worship
• Household Appliance Service and Repair
• Insurance Office
• Locksmith/Security System Company
• Massage Therapy,Licensed
• Mobile Food Vendor C
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Office/Showroom
• Park or Playground
• Pet Day Care C
• Print Shop,Minor
• Private Club S
• Private Recreation Center
• Private Utility, Other Than Listed
• Restaurant or Cafeteria C
• Retail Stores and Shops
• Retail/Service Incidental Use
• School,Private or Parochial
• School,Public
• Stealth Antenna, Commercial C
• Studio Dwelling
• Telephone Exchange
• Temporary Building C
• Theater,Neighborhood
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel,Indoor
• Water Treatment Plant S
• Winery
18.4 ARCHITECTURAL STANDARDS:
A. All construction must have an approved facade plan before issuance of a building permit.
The Town Planner or his/her designee will review all facade plans according to the following
standards and will either approve or deny the request. The applicant shall submit the appeal
request in writing, within 14 days of the decision, to the Planning Department. The written
request shall include specific reasons for the appeal and will be heard by the Town Council.
Appeals will require notification of property owners within 200 feet and shall be mailed 10
days prior to the hearing.
B. The primary building material shall be clay fired brick. Natural stones and other masonry
materials are encouraged for architectural details and accents.
C. Awning and canopies should be architectural materials that compliment the building such as
metal flashing,wood trim, or fabric. Vinyl is not permitted.
D. Choice of color for the primary façade, various architectural elements, or details shall be
compatible with the overall visual qualities existing within the original downtown portion of
the Town.
E. The following examples are provided as guides for all new construction in the Downtown
Retail District:
Parapet Wall
Medallion — ra = /*' Cornice
Bracket �--. .
I
t1,1
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AL
it i( Storefront
•
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- -�Decorative
C C_ J Brick Work
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Window Sash _-- -- L.
Window Sill
-� IfI�
Fascia Sign Hoard _� R�
Transom EWi ndows _'�-Display Windows — —I
Win
dow
ndow ._
Panels
Pilaster-
./'J _ window
muchanical unit screen
- r r '-t/A� r
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il-
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CHAPTER 2, SECTION 20
DOWNTOWN COMMERCIAL DISTRICT
20.1 GENERAL PURPOSE AND DESCRIPTION:
The Downtown Commercial District is established to maintain existing and encourage additional
retail and commercial development in the original downtown portion of the Town. Standards for
vehicle parking, building set-backs, and building height are similar to those existing on developed
properties in this section of the Town. Therefore,these standards are only applicable to this
section of the Town. This zoning district may be appropriate in areas designated as Old Town
Core District on the Future Land Use Plan.
20.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard:
a. None if adjacent to a street with a right-of-way of eighty (80) feet or greater, a
minimum of eighty (80) percent of any building façade adjacent to a street must be
constructed on the property line.
b. Five (5) feet if adjacent to a street with less than eighty (80) if right-of-way, a
minimum of eighty (80) percent of any building facade adjacent to a street must be
constructed on the front yard setback line.
c. If adjacent to an intersection, all property lines adjacent to a street shall be deemed a
front yard. The building façade adjacent to the streets must be located on the front
yard setback lines towards the corner of the intersection. The setback is determined
' by the right-of-way width.
The area between the back of curb and the building façade shall be provided as a concrete
sidewalk a minimum of twelve (12) feet wide measured from the back of curb. Any area
beyond the twelve (12) feet and adjacent to the building façade may be provided as sidewalk
or landscaping.
The following projections shall be permitted in the required front yard:
a. Ordinary building projections, including but not limited to: water tables, sills, belt
courses, and pilasters, may project up to twelve (12) inches into the required front
yard or beyond the property line, or beyond the face of an architectural projection.
b. Balconies above the first floor may project up to forty-eight (48) inches into the
required front yard or beyond the property line and have a minimum of nine (9) feet
of clearance over the sidewalk.
c. Canopies, awnings, cinema or theater marquees, and/or kiosks may project up to
forty-eight(48) inches into the required front yard or beyond the property line and
have a minimum of nine(9)feet of clearance over the sidewalk.
d. Roof eaves, soffits, cornices, and parapet treatments may project up to thirty-six(36)
inches into the required front yard or beyond the property line, or beyond the face of
an architectural projection, provided that no portion extending below nine (9) feet
above the sidewalk may project more than twelve(12)inches.
e. Architectural projections, including bays, first floor show windows, towers, and
oriels; below grade vaults and areaways; and elements of a nature similar to the
preceding; may project up to thirty-six (36) inches into the required front yard or
beyond the property line.
2. Minimum Side Yard:
a. None if adjacent to a non-residential district, subject to provision of fire retardant
wall as required by current adopted edition of the Uniform Building Code.
b. Thirty(30) feet for a one (1) story building adjacent to a residential district and sixty
(60)feet for a two(2)or more story building adjacent to a residential district.
3. Minimum Rear Yard:
a. None, if adjacent to a non-residential district and abutting an alley and constructed
with fire retardant wall.
b. None, if attached to an adjacent building and constructed with fire retardant wall.
c. Ten (10) feet, if adjacent to a non-residential district without alley separation or fire
retardant wall.
d. Thirty(30) feet for a one (1) story building adjacent to a residential district and sixty
(60)feet for a two(2)or more story building adjacent to a residential district.
B. Size of Lots:
1. Minimum Size of Lot Area: Five thousand (5,000) square feet unless platted as a lot of
record prior to the adoption of this district.
2. Minimum Lot Width: Forty five (45) feet unless platted as a lot of record prior to the
adoption of this district.
3. Minimum Lot Depth: One hundred (100) feet unless platted as a lot of record prior to
the adoption of this district.
C. Maximum Height: Two(2) stories,no greater than forty(40)feet.
20.3 PERMITTED USES:
A. Studio dwellings are permitted in this District only when located in conjunction with a
Commercial use.
B. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards. See Chapter 3,
Section 1 for the conditional development standards.
• Accessory Building
• Administrative,Medical, or Professional Office
• Antenna and/or Antenna Support Structure,Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Athletic Stadium or Field,Public
• Auto Parts Sales,Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Major S
• Automobile Repair,Minor
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer&Wine Package Sales C
• Bottling Works
• Building Material and Hardware Sales,Major S
• Building Material and Hardware Sales,Minor
• Business Service
• Cabinet/Upholstery Shop
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College,University, Trade,or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Convenience Store without Gas Pumps
• Dance Hall S
• Day Care Center,Adult S
• Day Care Center, Child C
• Day Care Center,Incidental S
• Dry Cleaning,Minor
• Equipment and Machinery Sales and Rental,Minor
• Farmer's Market
• Feed Store
• Fraternal Organization,Lodge, Civic Club, Fraternity,or Sorority
• Furniture Restoration S
• • Furniture,Home Furnishings and Appliance Store
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilder Marketing Center
• Hospital
• Hotel C
• House of Worship
• Household Appliance Service and Repair
• Insurance Office
• Laundromat
• Limited Assembly and Manufacturing Use Complying with Performance Standards S
• Locksmith/Security System Company
• Massage Therapy,Licensed
• Mobile Food Vendor C
• Mortuary/Funeral Parlor
• Motel C
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery,Minor
• Office/Showroom
• Office/Warehouse/Distribution Center
• Open Storage
• Park or Playground
• Pet Day Care C
• Print Shop,Major
• Print Shop,Minor
• Private Club S
• Private Recreation Center
• Private Utility, Other Than Listed
• Recycling Collection Point
• Rehabilitation Care Institution S
• Research and Development Center C
• Restaurant or Cafeteria C
• Retail Stores and Shops
• Retail/Service Incidental Use
• School,Private or Parochial
• School,Public
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse
• Studio Dwelling
• Telephone Exchange
• Temporary Building C
• Theater,Neighborhood
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel,Indoor
• Water Treatment Plant S
• Winery
20.4 ARCHITECTURAL STANDARDS:
A. All construction must have an approved facade plan before issuance of a building permit.
The Town Planner or his/her designee will review all facade plans according to the following
standards and will either approve or deny the request. The applicant shall submit the appeal
request in writing, within 14 days of the decision, to the Planning Department. The written
request shall include specific reasons for the appeal and will be heard by the Town Council.
Appeals will require notification of property owners within 200 feet and shall be mailed 10
days prior to the hearing.
B. The primary building material shall be clay fired brick. Natural stones and other masonry
materials are encouraged for architectural details and accents.
C. Awning and canopies should be architectural materials that compliment the building such as
metal flashing,wood trim, or fabric. Vinyl is not permitted.
D. Choice of color for the primary facade, various architectural elements, or details shall be
compatible with the overall visual qualities existing within the original downtown portion of
the Town.
E. The following examples are provided as guides for all new construction in the Downtown
Commercial District:
Parapet 4'rall
,h.
Medallion — m"--- d-� ` Corniceasr t $IG Fe .. .m.
Bracket — 4 i1 i .: . i5 ,-` ,1 ,
i- Upper
-
r - i , R Facade I 0 .? 0' Fade
Ir'
d , — - - 1-- .r f - ,i
i ' - i' : • i 1 Storefront
a r
t I —Pediment .
w
Cornice l 4 'L3.tFrr:
ro.,
Q_ - Decorative
, _Brick Work
-71
Window Lintel - �
Window Sash -.-- - J I-_._ I __
Window Sill - t
Fascia Sign Board -...a i ..4.
Window s .- -®III I C�l a_-
Display Windows -. 1pf n{ I
Lower Window , J_{ ' i1
Panels v -'-'-^-___,iS111- f-o-_—_
Pilaster
dY 4V3ftGCN.'
ITt9Chilnil:aE unit SCr[i4!dl
off:,l
T 11� �� i,_ r ebrick
' i t
- ; 'w"` r - —___metal canopy
f i f �r�
• oJ, ;� store front
i.d
._ CMU I.exfure black base
CHAPTER 4, SECTION 2 (C. 3. b.)
LANDSCAPING
b. In the DTR and DTC Districts, large trees shall be planted every thirty (30) feet on
center in tree grates within the sidewalk a minimum of four (4) feet behind the back
of curb. The trees shall be a minimum three(3)inch caliper at the time of planting.
CHAPTER 4, SECTION 4
PARKING AND LOADING
4.2 RESIDENTIAL PARKING PROVISIONS
E. In the SF, DTSF, TH and 2F Zoning Districts, there shall be a minimum of two (2) parking
spaces located behind the front building line and enclosed in the main or an accessory
building. In addition, there shall be two (2) paved parking spaces provided behind the front
property line only for the purpose of allowing on-site stacking or maneuvering to the
enclosed spaces.
F. In the SF, DTSF, TH and 2F Zoning Districts, required enclosed parking and stacking spaces
shall be a minimum of ten (10) feet wide and twenty-two (22) feet long. The required
maneuvering spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long.
Required enclosed parking and stacking spaces shall remain clear of any encroachments.
4.7 LOCATION OF PARKING SPACES
All parking spaces required herein shall be located on the same lot with the building or use
served, except as follows:
C. Required parking in the DTO, DTR, and DTC Districts may be reduced by fifty(50)percent
of the current parking requirements as they exist or may be amended. If it is determined that
due to existing site constraints, the requirements of this Ordinance cannot be met, the
Director of Planning may approve the use of parallel or head-in parking located within the
street right-of-way, if sufficient right-of-way exists,to satisfy parking requirements.
CHAPTER 4, SECTION 5
SCREENING FENCES AND WALLS
5.2 LOCATION OF REQUIRED SCREENING
K. A six(6)foot irrigated living screen shall be required when parking is located adjacent to
residential in the Downtown Commercial District(DTC),Downtown Retail District(DTR),
or the Downtown Office District(DTO).
CHAPTER 4, SECTION 8
NON-RESIDENTIAL DESIGN AND DEVELOPMENT
8.2 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES
C. All buildings with a footprint of less than ten thousand(10,000) square feet shall incorporate
a pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a
three(3) in twelve(12) inch minimum slope. Wood shingles are prohibited.
D. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on towers or
arcades, sloped awnings, or sloped parapets. The sloped elements shall be provided along a
minimum of sixty (60) percent of each wall's length. All sloped roof elements shall have a
three(3) in twelve(12) inch minimum slope. Wood shingles are prohibited.
E. In the DTR and DTC Districts, an articulated parapet wall or cornice may be used in place of
the sloped roof as required in Section 8.2(C)and(D)above.
G. In the DTR and DTC Districts, all windows shall include a minimum sill height of eighteen
(18) inches.
CHAPTER 4, SECTION 9
ADDITIONAL AND SUPPLEMENTAL
9.4 SIDE AND REAR YARDS:
C. Side yard setbacks in the R, C, and CC Districts may be waived for a building when attached
to an adjacent building and is shown on a site plan approved by the Planning & Zoning
Commission.
9.5 MODULAR HOMES:
A Modular Home may be permitted in the A, SF, DTSF, 2F, TH, MH, or MF Districts providing
that the following requirements are met:
A. The dwelling shall meet or exceed all building code requirements that apply to other dwelling
units concerning on-site construction.
B. Conforms to all applicable zoning standards for the respective Zoning District.
C. Is affixed to an approved permanent foundation system.
D. The building official is so notified in writing for the purpose of establishing procedures for
the inspection, issuing of building permits, and compliance with the Texas Manufactured
Housing Standards Act(Article 1221f V.T.C.S.).
E. The Modular Home is placed on an approved platted lot of the Town.
9.8 EXTERIOR CONSTRUCTION OF MAIN BUILDINGS
A. The exterior facades of a main building or structure, excluding glass windows and doors, in
the A, SF, DTSF, 2F, and TH Districts shall be constructed of one hundred (100) percent
masonry, unless otherwise specified in this Ordinance. Cementatious fiber board is
considered masonry, but may only constitute fifty (50) percent of stories other than the first
story. In the DTSF and the DTO District, cementatious fiber board may be used on up to
ninety (90) percent of a structure. Cementatious fiber board may also be used for
architectural features, including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other architectural features
approved by the Building Official. Wood roof shingles are prohibited.
B. All exterior facades for a main building or structure, excluding glass windows and doors, in
the MF, 0, 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.
SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinance shall remain in full force and effect.
SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS ON THIS 12th DAY OF DUNE,2007.
APPROVE FORM:
Charles Ni -ange ayor
ATTESTED TO AND
CO Y C D B :
atthew Denton,TRMC
Town Secretary
DATE OF PUBLICATION: £ 2 Dallas Morning News—Collin County
Addition
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
•
as published in The Dallas Morning News—Collin County Edition
•
PROSPER,TEXAS
ORDINANCE NO. 07-048 June 21, 2007
AN ORDINANOE OF
;THE TOWN OF. PROS-
PER; TEXAS„AMEND-'
IN.G CHAPTER 2
(-ZONING-DISiTRICTTS4
AND CHAPrTER:4, SEC-1
TIONS 2; 4;e�5„8;•AND 9,"
OF Z O NrI NPG50 R D'I,-
NANCENOI05-20;PRO;
•TIDING FORA ORpl
TY FOR THE VIOa•A
TION OF THIS OR!gl NI
FOR REPEALING, SAV-
INGS
YCLAUSES;
D ES; R OVID- (Lynda Black)
TY.CLAUSES• PROVED- '
ING FOR AN EFFE'C-:
( TIVE DATE OF'TH'IS'-"
.ORDINANCE;AND PRO-'r-
VIDING'FOR THE PUB-',"
LICATION OF,THE CAP-
TION HEREOF.
Sworn to and subscribed before me this June 22, 2007, A.D
ti�Yry ' JANETTHOMASON anet Thomason)
11 MY COMMISSION EXPIRES
" January 30,2011
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