15-74 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-74
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY REPEALING EXISTING SUBSECTION 3.3, "PERMITTED USES,"
OF SECTION 3, "AGRICULTURAL DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 3.3, "PERMITTED USES"; REPEALING EXISTING
SUBSECTION 4.3, "PERMITTED USES," OF SECTION 4, "SINGLE
FAMILY - ESTATE DISTRICT," OF CHAPTER 2, "ZONING
DISTRICTS," AND REPLACING IT WITH A NEW SUBSECTION 4.3,
"PERMITTED USES"; REPEALING EXISTING SUBSECTION 5.3,
"PERMITTED USES," OF SECTION 5, "SINGLE FAMILY-22
DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 5.3, "PERMITTED USES";
REPEALING EXISTING SUBSECTION 6.3, "PERMITTED USES," OF
SECTION 6, "SINGLE FAMILY-17.5 DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 6.3, "PERMITTED USES"; REPEALING EXISTING
SUBSECTION 7.3, "PERMITTED USES," OF SECTION 7, "SINGLE
FAMILY-15 DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 4.3, "PERMITTED USES";
REPEALING EXISTING SUBSECTION 8.3, "PERMITTED USES," OF
SECTION 8, "SINGLE FAMILY-12.5 DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 8.3, "PERMITTED USES"; REPEALING EXISTING
SUBSECTION 9.3, "PERMITTED USES," OF SECTION 9, "SINGLE
FAMILY-10 DISTRICT" OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 9.3, "PERMITTED USES";
REPEALING EXISTING SUBSECTION 10.3, "PERMITTED USES," OF
SECTION 10, "DOWNTOWN SINGLE FAMILY DISTRICT," OF
CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 10.3, "PERMITTED USES"; REPEALING
EXISTING SUBSECTION 11.3, "PERMITTED USES," OF SECTION 11,
"TOWNHOME DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS,"
AND REPLACING IT WITH A NEW SUBSECTION 11.3, "PERMITTED
USES"; REPEALING EXISTING SUBSECTION 12.3, "PERMITTED
USES," OF SECTION 12, "TWO FAMILY (DUPLEX) DISTRICT," OF
CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 12.3, "PERMITTED USES"; REPEALING
EXISTING SUBSECTION 13.3, "PERMITTED USES," OF SECTION 13,
"MULTIFAMILY DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS,"
AND REPLACING IT WITH A NEW SUBSECTION 13.3, "PERMITTED
USES"; REPEALING EXISTING SUBSECTION 14.3, "PERMITTED
USES," OF SECTION 14, "MOBILE HOME DISTRICT," OF CHAPTER
2, "ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 14.3, "PERMITTED USES"; REPEALING EXISTING
SUBSECTION 15.3, "PERMITTED USES," OF SECTION 15, "OFFICE
DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 15.3, "PERMITTED
USES"; REPEALING EXISTING SUBSECTION 16.3, "PERMITTED
1
USES," OF SECTION 16, "DOWNTOWN OFFICE DISTRICT," OF
CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 16.3, "PERMITTED USES"; REPEALING
EXISTING SUBSECTION 17.3, "PERMITTED USES," OF SECTION 17,
"NEIGHBORHOOD SERVICE DISTRICT," OF CHAPTER 2, "ZONING
DISTRICTS," AND REPLACING IT WITH A NEW SUBSECTION 17.3,
"PERMITTED USES"; REPEALING EXISTING SUBSECTION 18.3,
"PERMITTED USES," OF SECTION 18, "DOWNTOWN RETAIL
DISTRICT," OF CHAPTER 2, "ZONING DISTRICTS," AND
REPLACING IT WITH A NEW SUBSECTION 18.3, "PERMITTED
USES"; REPEALING EXISTING SUBSECTION 19.3, "PERMITTED
USES," OF SECTION 19, "RETAIL DISTRICT," OF CHAPTER 2,
"ZONING DISTRICTS," AND REPLACING IT WITH A NEW
SUBSECTION 19.3, "PERMITTED USES"; REPEALING EXISTING
SUBSECTION 20.3, "PERMITTED USES," OF SECTION 20,
"DOWNTOWN COMMERCIAL DISTRICT," OF CHAPTER 2, "ZONING
DISTRICTS," AND REPLACING IT WITH A NEW SUBSECTION 20.3,
"PERMITTED USES"; REPEALING EXISTING SUBSECTION 21.3,
"PERMITTED USES," OF SECTION 21 "COMMERCIAL DISTRICT,"
OF CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 21.3, "PERMITTED USES"; REPEALING
EXISTING SUBSECTION 22.3, "PERMITTED USES," OF SECTION 22,
"COMMERCIAL CORRIDOR DISTRICT," OF CHAPTER 2, "ZONING
DISTRICTS," AND REPLACING IT WITH A NEW SUBSECTION 22.3,
"PERMITTED USES"; REPEALING EXISTING SUBSECTION 23.3,
"PERMITTED USES," OF SECTION 23, "INDUSTRIAL DISTRICT," OF
CHAPTER 2, "ZONING DISTRICTS," AND REPLACING IT WITH A
NEW SUBSECTION 23.3, "PERMITTED USES"; AMENDING SECTION
1.3, "SCHEDULE OF USES," OF CHAPTER 3, "PERMITTED USES
AND DEFINITIONS"; REPEALING EXISTING SECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF CHAPTER 3,
"PERMITTED USES AND DEFINITIONS," AND REPLACING IT WITH A
NEW SECTION 1.4, "CONDITIONAL DEVELOPMENT STANDARDS";
AND REPEALING EXISTING SECTION 2, "DEFINITIONS," OF
CHAPTER 3, "PERMITTED USES AND DEFINITIONS," AND
REPLACING IT WITH A NEW SECTION 2, "DEFINITIONS";
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.
Ordinance No.15-74,Page 2
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 3.3,
"Permitted Uses," of Section 3, "Agricultural District," of Chapter 2, "Zoning Districts," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 3.3, "Permitted Uses," to read as follows:
"3.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 3
From and after the effective date of this Ordinance, existing Subsection 4.3,
"Permitted Uses," of Section 4, "Single Family — Estate District," of Chapter 2, "Zoning
Districts, of the Towns Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 4.3, "Permitted Uses," to read as follows:
"4.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 4
From and after the effective date of this Ordinance, existing Subsection 5.3,
"Permitted Uses," of Section 5 "Single Family-22 District," of Chapter 2, "Zoning
Districts, of the Towns Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 5.3, "Permitted Uses," to read as follows:
"5.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 5
From and after the effective date of this Ordinance, existing Subsection 6.3,
"Permitted Uses," of Section 6, "Single Family-17.5 District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 6.3, "Permitted Uses," to read as follows:
Ordinance No.15-74,Page 3
"6.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 6
From and after the effective date of this Ordinance, existing Subsection 7.3,
"Permitted Uses," of Section 7, "Single Family-15 District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 4.3, "Permitted Uses," to read as follows:
7.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 7
From and after the effective date of this Ordinance, existing Subsection 8.3,
"Permitted Uses," of Section 8, "Single Family-12.5 District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 8.3, "Permitted Uses," to read as follows:
"8.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 8
From and after the effective date of this Ordinance, existing Subsection 9.3,
"Permitted Uses," of Section 9, "Single Family-10 District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 9.3, "Permitted Uses," to read as follows:
"9.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 9
From and after the effective date of this Ordinance, existing Subsection 10.3,
"Permitted Uses," of Section 10, "Downtown Single Family District, of Chapter 2,
"Zoning Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in
its entirety and replaced with a new Subsection 10.3, "Permitted Uses," to read as
follows:
Ordinance No.15-74,Page 4
"10.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 10
From and after the effective date of this Ordinance, existing Subsection 11.3,
"Permitted Uses," of Section 11, "Townhome District," of Chapter 2, "Zoning Districts," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 11.3, "Permitted Uses," to read as follows:
"11.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 11
From and after the effective date of this Ordinance, existing Subsection 12.3,
"Permitted Uses," of Section 12, " Two Family (Duplex) District," of Chapter 2, "Zoning
Districts, of the Towns Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 12.3, "Permitted Uses," to read as follows:
"12.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 12
From and after the effective date of this Ordinance, existing Subsection 13.3,
"Permitted Uses," of Section 13, "Multifamily District," of Chapter 2, "Zoning Districts," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 13.3, "Permitted Uses," to read as follows:
"13.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 13
From and after the effective date of this Ordinance, existing Subsection 14.3,
"Permitted Uses," of Section 14, "Mobile Home District," of Chapter 2, "Zoning Districts,"
of the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 14.3, "Permitted Uses," to read as follows:
Ordinance No.15-74,Page 5
"14.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 14
From and after the effective date of this Ordinance, existing Subsection 15.3,
"Permitted Uses," of Section 15, "Office District," of Chapter 2, "Zoning Districts," of the
Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced
with a new Subsection 15.3, "Permitted Uses," to read as follows:
"15.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 15
From and after the effective date of this Ordinance, existing Subsection 16.3,
"Permitted Uses," of Section 16, "Downtown Office District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 16.3, "Permitted Uses," to read as follows:
"16.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 16
From and after the effective date of this Ordinance, existing Subsection 17.3,
"Permitted Uses," of Section 17, "Neighborhood Service District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 17.3, "Permitted Uses," to read as follows:
"17.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 17
From and after the effective date of this Ordinance, existing Subsection 18.3,
"Permitted Uses," of Section 18, "Downtown Retail District," of Chapter 2, "Zoning
Districts, of the Towns Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 18.3, "Permitted Uses," to read as follows:
Ordinance No.15-74,Page 6
"18.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 18
From and after the effective date of this Ordinance, existing Subsection 19.3,
"Permitted Uses," of Section 19, "Retail District," of Chapter 2, "Zoning Districts," of the
Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced
with a new Subsection 19.3, "Permitted Uses," to read as follows:
"19.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 19
From and after the effective date of this Ordinance, existing Subsection 20.3,
"Permitted Uses," of Section 20, "Downtown Commercial District," of Chapter 2, "Zoning
Districts," of the Town's Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 20.3, "Permitted Uses," to read as follows:
"20.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 20
From and after the effective date of this Ordinance, existing Subsection 21.3,
"Permitted Uses," of Section 21 "Commercial District," of Chapter 2, "Zoning Districts," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 21.3, "Permitted Uses," to read as follows:
"21.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 21
From and after the effective date of this Ordinance, existing Subsection 22.3,
"Permitted Uses," of Section 22, "Commercial Corridor District," of Chapter 2, "Zoning
Districts, of the Towns Zoning Ordinance, as amended, is hereby repealed in its
entirety and replaced with a new Subsection 22.3, "Permitted Uses," to read as follows:
Ordinance No.15-74,Page 7
"22.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 22
From and after the effective date of this Ordinance, existing Subsection 23.3,
"Permitted Uses," of Section 23, "Industrial District," of Chapter 2, "Zoning Districts," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Subsection 23.3, "Permitted Uses," to read as follows:
"23.3 PERMITTED USES:
Permitted uses shall be in accordance with the "Schedule of Uses" as outlined in
Section 1.3 of Chapter 3."
SECTION 23
From and after the effective date of this Ordinance, existing Section 1.3,
"Schedule of Uses" of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning
Ordinance, as amended, is hereby repealed in its entirety and replaced with a new
Section 1.3, "Schedule of Uses" of Chapter 3, "Permitted Uses and Definitions," to read
as follows:
"1.3 SCHEDULE OF USES:
The Schedule of Uses appears on the following charts.
Ordinance No.15-74,Page 8
Residential Districts Non-Residential Districts
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SECTION 1.3(A) T o -0 of v
Cl) W 0
RESIDENTIAL USES 0: , >, E 3 0 3 3 �a `,
m mc E = o 0 0 o a)LL O E E C S] C C
U O 3 O Z O 0 O U
QC( 1 O 3
15 (� F.- f- I O OI I U
LL F- = LL _ I H (n F-
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M O O Z 0 "f O O U —
Mobile and/or Manufactured Home r
Multifamily Dwelling e
Ell
I
Retirement Housing
Ori,No..1218115
Single Family Drelling,Detached i 2 2 2 2
Truo Family Dwrelling(DuFtec) S 0 0
i
Elm
MEME
I
Ordinance No.15-74,Page 9
Residential Districts Non-Residential Districts
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SECTION 1.3(B) w o v v
ACCESORY AND T _ E = o =
INCIDENTAL USES E a� a T o 3 L 3 3 m
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0 N C 1] C C
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c 0 3 0 o p p M p E o U)
i7M `0 I Z I N I O U
Q I LL N I I = O O I 2i ULL
V I c
cn D I— N M O z U U
Accessory Building r • M 0 • * •
Construction Yard and Field Office, TEMPORARY BLDG PERMIT TEMPORARY BLDG PERMIT ISSUED BY BLDG
Temporary— ISSUED BY BLDG OFFICIAL OFFICIAL
Garage Apartment 0 •
Guest House 0 0 •
EM
Homebuilder Marketing Center 4 4 4 4 • 0 • 11 • 0 11 0 " 0
Mobile Food Vendor
Outdoor Merchandise Display, 31 31 31 31
Tem para Ord.No..-1218115)
1218115
i
III
Retail/Service Incidental Use 0 0 0 00 0
EMEEMEN
MIME
Ordinance No.15-74,Page 10
Residential Districts Non-Residential Districts
76
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SECTION 1.3(C) n o � vo
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0
EDUCATIONAL,INSTITUTIONAL, T = o
TE
PUBLIC,AND SPECIAL USES
ILL p N ca E
Tu
o E E0o o
v
3: 73 0 O 3 EUi= 0j Z 0j N �j O U
c I H F- I I O I U I c
I I I
a v o I=- N M 2 0 o z o o v
Ai rport/Hel I port
MNWN11111�ii� OEM I IME
Athletic Stadium or Field,Private S S
Cemetery or Mausoleum S S_ S S
loin INININ
College,University,Trade,or Private 0 9 • e, � 0 0 i
Boarding School
11N111111111=ONE=IN la IN loin
Farm,Ranch,Stable,Garden,or rr � � � 0 01 s 0 e
Orchard
Hospital a" 0 0 • e` w'
EM EM
House of Worship re ar a► ew +a w • • 0 r # NM a +e
_-E
MIME
MuseumlArt gallery � • • • • "a • �"'
Park or Playground ,e Al 0 e, 0 • M • 0 Y e • 0 wr • •
Rehabilitation Care Facility 9 9 9 9' 9 9 9
School,Public e w i • • e • • • * 0 1 • " NI
Ordinance No.15-74,Page 11
Residential Districts Non-Residential Districts
O U p
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SECTION 1.3(D) w N � 0 0
TRANSPORTATION,UTILITY, T o
AND COMMUNICATIONS USES o Eo 3 � 3 3
cu LL Eo � E c c c a�
a� o a� o m o — o E E
2 S; 3 0 5 o v 0 a) 0 ••C-u Q E o in
iT I Z I a� I o U
Q I � I I I O O I U U I c
LL LL LL. = I I I V
Q cn 0 F- N O 0 Z 0 of 0 O U
Antenna and/or Antenna Support 10 10 10 10 '' 1071-0
10 10 10 10 110 1 10 10 10
Structure Non-Commercial
011I =OEM MINE'
Stealth Antenna,Commercial 12 12 12 12 12 12 12112 1 12 12 12 12 12 1.2 1
EM MEMO= ffAmmu
Electric Power Generating Plant S
Office and Storage Area for 0
Public/Private Utility
School District Bus Yard 14 14 14 14 14 14 14 14 14 14 14 1414
Telephone Exchange S M e e • • 0 Lo •
Im
Utility DistributionlTransmission
Facility
Wind Energy System PROHIBITED IN ALL DISTRICTS PROHIBITED IN ALL DISTRICTS
MEE
ME
MINEEM
IEEE
Ordinance No.15-74,Page 12
Residential Districts Non-Residential Districts
0
SECTION 1,3(E) w � � N aa) o `o
OFFICE AILD _ E Oc oo = c 5
PROCESSIONAL USES _ E 30 0 —' 0 3 t 3 3 ca
m LL c o co c c a>
E 150LL
v c' 30 3 o v D a� D E o
2 EF
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Q I I I O IOf
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N o I- CN O o z o 0� o U U
Administrative,Medical,or 0 0 i 0 0 0 0 0 0
Professional Office
Insurance Office w a • 9 0 • 0 • aw'
Ordinance No.15-74,Page 13
Residential Districts Non-Residential Districts
M
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U
SECTION N 1. (F) 7, c a) 0 -0 � 0 0
RETAIL USES E o a� T o 3 t 3 3cu
is Mc E E E = o`
LL ?� O CU 0 LLa) c -0 c c
CD E m
c 0 3 z a"�i o U M
Q I ~ ~ I I O 01 I W Of V U I c
LL =
Q cn F- N O 0 z 0 Of 0 0 U —
Antique Shop and Used Furniture 0 +e 4
Building Material and Hardware S S 0 0
Sale's,Ma or
7 17117
v nience Store with Ga m s
Con e
P
Equipment and Machinery Sales and S •
Rental,Ma or Ord.No.;12I8115
Farmer's Market 0 0
Flea Market,Inside S
lard.No.;12/8115
Nursery,Major(Ord.No.;1218115)
Pawn Shop(Ord,No.;1218115) •
Ordinance No.15-74,Page 14
Residential Districts Non-Residential Districts
_f
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L N E
SECTION 1.3(G) ' o v v
0
SERVICE USES E o o 0 3 t 3 3
1-5 ca - ff 2 0 0 0
3 O zr
LL_ N c c c N
C O
vo rn o — o E E
a> 0 O E o in
rn Cn LL FD 1 z 1 N 1 p U
Q I U I I 1 Q O 1 o U U I c
LL F- 2 LL U_ 2 I I- N
Q cA 0 N O 0 Z 0 w 0 U U —
Artisan's Workshop Ja► 0 0
film 11110 ME
Beauty Salon/Barber Shop ! e * 0
MEM
Body Art Studio 119
SEEM MEE
CabinetlUpholstery Shop ►
Commercial Amusement,,Indoor • • 0 0
Contractor's Shop and/or Storage e
Yard
Day Care Center,Child Q 2 0 0 0 20 20 20 0 220 20 20 20 20
Day Care Center,Incidental S S S S S S
IME mom
Dry Cleaning,Minor 0 w +a 0 0 0 6 0
Fortune TeilerlFsychic 0
ME hu ra
Furniture Restoration
Ord:No.,12/8115
MENEMEMIMEMEMMEMEMMENE
GymnasticsdDance Studio 0 0 • e
Hotel,Full Service 22 22 22 22 22
Ord,No., 1218115
Hotel,Residence/Extended Stay 4 24 24
.Ord.No.i 1218115
Laundromat ♦ wr e
Ordinance No.15-74,Page 15
Residential Districts Non-Residential Districts
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SECTION 1.3(G) w LL 4E Cl) Z0 `0
SERVICE USESa CD O 0 0� U U
(CONTINUED) E o (D 0 3 t 3 3 Tv
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Massage Therapy,Licensed • • • • • •
EN111101mm" MW
Meet!ng/B anquet/Reception Facility S
Ord.No.;1218115)
Im
Print Shop,Major • • •' •
Private Club '9
FIN
Residence Hotel 25 25
11 Rest11 aurant,Drive In 4 4 4 4
Small Engine Repair Shop • • • • •
Taxidermist • • •
Theater,Neighborhood • • • • •
MEE
Trailer Rental(Ord.No.;1218115) S •
Veterinarian Clinic and/or Kennel, S •
Outdoor Ord;No.i 12 5)
Ordinance No.15-74,Page 16
Residential Districts Non-Residential Districts
N U
— E
SECTION 1.3(H) w LL EE U) a5 o 0
AUTOMOBILE AND O o W U
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Ordinance No.15-74,Page 19
SECTION 24
From and after the effective date of this Ordinance, existing Section 1.4,
"Conditional Development Standards," of Chapter 3, "Permitted Uses and Definitions," of
the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and
replaced with a new Section 1.4, "Conditional Development Standards," to read as
follows:
"1.4 Conditional Development Standards
1. Private Street Development
Private Street Developments are subject to provisions of the Thoroughfare
and Circulation Design Requirements ordinance, as it exists or may be
amended. Private Street Developments are permitted by Specific Use Permit
in the referenced districts. Private Street Developments that exist as of the
adoption of the Thoroughfare and Circulation Design Requirements
ordinance (May 10, 2005), and properties that are zoned by a planned
development that permits Private Street Developments are excluded from the
requirement for a Specific Use Permit. In considering a request for a Specific
Use Permit for a Private Street Development, the Town Council shall use any
of the following criteria:
a) New Develo ment
1) Non-disruption of planned public roadways or facilities/projects
(thoroughfares, parks, park trails, public pedestrian pathways, etc.);
2) Non-disruption to and from properties of future developments either
on-site or off-site to the proposed subdivision;
3) No negative effect on traffic circulation on public streets;
4) No impairment of access to and from public facilities including schools
or parks;
5) Adequate and timely provision of essential municipal services
(emergency services, water/sewer improvements or maintenance,
etc.);
6) Existence of natural and/or man-made boundaries around the
development (creeks, floodplain, golf courses, parks); and/or
7) Absence of a concentration of Private Street Developments in the
vicinity of the requested Private Street Development.
8) And any other criteria deemed appropriate by the Town Council
b) Conversion of existing subdivision to private streets
1) Criteria would include all the issues and procedures involved with new
developments;
2) Petition signed by one hundred percent (100%) of the owners in the
existing subdivision requesting approval to convert to private streets;
3) Formation of a property owners' association, if none exists, that would
be responsible for owning and maintaining the converted streets and
right-of-ways;
Ordinance No.15-74,Page 20
4) Replatting of existing subdivision to reflect changes; and/or
5) Applicant agreeing to contract with the Town for purchase of the
converted infrastructure and rights-of-way from the Town.
2. Single Family Dwelling, Detached
Single family dwellings, detached may be developed in the referenced
districts using the minimum development standards for the SF residential
districts. The district standards selected shall be indicated on the preliminary
and final plats for the property to be developed as single family dwellings,
detached.
3. Gas Pumps
Gas pumps shall be subject to the following development standards:
a) Gas Pumps are permitted only within two hundred feet (200') of the right-
of-way lines of intersecting major thoroughfares;
b) Gas Pumps are permitted at a maximum of two (2) corners at an
intersection of two (2) major thoroughfares;
c) Canopies shall have pitched roofs;
d) Canopy support columns shall be entirely masonry encased;
e) A raised landscape planter of the same material as the masonry columns
shall be provided at both ends of all pump islands. Raised landscape
planters shall be between eighteen inches (18") and twenty-four inches
(24") tall and a minimum of four feet (4') wide and four feet (4') long;
f) Raised planters shall be landscaped with a combination of shrubs and
ground cover as approved by the Director of Planning, or his/her
Designee.
g) Landscape island(s) totaling a length equal to fifty percent (50%) of the
canopy perimeter and a minimum of six feet (6') wide shall be provided
for screening and traffic flow purposes;
• These areas shall have a minimum of one (1) ornamental tree per
twelve (12) linear feet or portion thereof and one (1) five (5) gallon
shrub per one (1) linear foot arranged as approved by the Director of
Planning, or his/her Designee.
h) Use shall be removed if closed for more than six (6) months; and
i) The canopy band face shall be of a color consistent with the main
structure or an accent color and may not be backlit.
4. Homebuilder Marketing Center
Shall be used only to market homes/lots in the development where it is
located when located in a residential zoning district. The use must be
removed when all homes/lots in the development have been sold.
Ordinance No.15-74,Page 21
5. Home Occupation
A home occupation is a business that is customarily carried on in a home by
the resident and shall adhere to all of the following conditions and
requirements:
a) No signage associated with the home occupation and visible from outside
of the dwelling shall be allowed on the premises.
b) Only two (2) employees other than the occupants of the residence may
be employed on-site at any one time. This shall not include the
coordination or supervision of employees who do not regularly visit the
house for purposes related to the business.
c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor
activities.
d) Outdoor activities are not allowed, unless the activities are screened from
neighboring property and public rights-of-way.
e) No exterior storage of material, equipment, vehicles, and/or supplies used
in conjunction with the home occupation.
f) The home occupation shall not produce offensive noises, vibrations,
smoke, dust, odors, heat or glare beyond the property lines.
g) A home occupation shall not serve as an office or storage facility for a
vehicle fleet operation in which fleet vehicles visit the site.
h) No major alterations to the property or exterior of the dwelling unit shall
be allowed that changes the residential character of the home.
i) No repair or servicing of vehicles, internal combustion engines, large
equipment or large appliances shall be allowed.
j) No storage of hazardous materials for business purposes shall be
allowed on the premises.
k) Merchandise shall not be offered or displayed for sale on the premises.
Sales incidental to a service shall be allowed; and orders previously made
by telephone or at a sales party may be filled on the premises.
1) No traffic shall be generated by a home occupation in greater volumes
than normally expected in a residential neighborhood, and any need for
parking must be accommodated within the off-street parking provided for
the residence (i.e., the driveway or garage) and along the street frontage
of the lot.
Homeowners/occupants who establish an occupation in their residence must
adhere to all of the above conditions.
6. Mobile Food Vendor
Mobile food vendors are subject to the following regulations:
a) Mobile food vendors are permitted in Retail, Downtown Retail, Downtown
Commercial, and Commercial zoning districts;
Ordinance No.15-74,Page 22
b) Mobile food vendors shall be located on private property where an
existing, permanent business operates in a building with a Certificate of
Occupancy;
c) Mobile food vendors shall provide the Town with a copy of written
permission from the property owner on an annual basis to allow the
operation of a mobile vendor and to allow the mobile vendor and their
customers access to a commercially plumbed public restroom on-site;
d) A mobile food vendor shall submit a site plan depicting the location of the
mobile food vendor on the property, shall secure a health permit from the
Town, and a permit from Building Inspections prior to the operation of
such use;
e) Temporary connections to potable water are prohibited. Water shall be
from an internal tank, and electricity shall be from a generator or an
electrical outlet via a portable cord that is in conformance with the
Electrical Code as adopted by the Town, including amendments thereto;
f) Mobile food vendors shall be located within fifty feet (50') of an entrance
of a primary building that holds the Certificate of Occupancy;
g) Mobile food vendors shall be setback a minimum of one hundred feet
(100') from major thoroughfares, as designated on the Town's
Thoroughfare Plan, as it exists or may be amended;
h) Mobile food vendors may operate only during the business hours of the
primary business on the property;
i) The operator shall possess a Town tax certificate showed as paid;
j) A drive through is not permitted in conjunction with the mobile food
vendor;
k) Mobile food vendors shall not operate in required parking spaces,
driveways, fire lanes or public roads;
1) Sales of food from a stationary vehicle excludes catering trucks; and
m) Mobile food vendors are prohibited in a temporary building.
7. Temporary Building
a) Temporary buildings are permitted by right for houses of worship, public
schools (kindergarten through twelfth grade only), and government
agencies (see Chapter 3, Section 2.2), subject to the conditions below.
Temporary buildings are permitted by Specific Use Permit for private
enterprises subject to the conditions below.
b) A permit to erect a temporary building may be issued for an initial period
of three (3) years provided the applicant submits:
1) an application with documented evidence of an immediate need for
space to the Building Official, who shall evaluate each application for
a temporary building based on the following criteria:
a) capacity of the existing permanent building(s), which is located or
planned to be located on the same property for which the
temporary building permit is being sought, compared to the
Ordinance No.15-74,Page 23
enrollment, employment, and/or number of people attending the
existing permanent building(s) at one time;
b) total enrollment, employment, and/or membership size;
c) documentation of growth records depicting the number of people
in the congregation, school and/or office;
d) whether the facility is a start-up or new facility;
e) indication of alternative options that were explored before a
temporary building application was considered;
f) acts of nature; and/or
g) any other evidence which is reasonably related to the immediate
need for additional space;
2) a preliminary site plan to the Planning Department, providing for a
permanent solution to the immediate need for a new temporary
building(s) showing the permanent building(s), the temporary
building(s), and the required parking, which is subject to the review
and approval of the Planning & Zoning Commission; and
3) a site plan for the temporary building(s) to the Planning Department,
which is subject to the review and approval of the Planning & Zoning
Commission
c) The temporary building(s) shall be removed within thirty (30) days of the
date:
1) a Certificate of Occupancy is issued for the permanent building; or
2) the permit for the temporary building expires, whichever occurs first.
d) A request for a one (1) year extension of the temporary building permit
may be granted by the Planning & Zoning Commission provided the
applicant:
1) has an approved and valid preliminary site plan for the permanent
building(s) and an approved and valid site plan for the temporary
building(s);
2) has a specific plan of how an additional year would allow the applicant
to construct the permanent building(s) by providing:
a) evidence of numeric growth, beyond that which was specifically
anticipated by the applicant;
b) membership, enrollment, and/or employment growth records;
c) evidence that alternative options were explored before an
extension of the temporary building permit was requested; and
d) any other criteria reasonably deemed appropriate by the Planning
& Zoning Commission.
e) The applicant may challenge a decision of the Building Official or
Planning & Zoning Commission, by appealing, in writing, to the Town
Council within fourteen (14) days of a decision of the Building Official or
the Planning & Zoning Commission. The Town Council's decision is final.
Ordinance No.15-74,Page 24
f) Three (3) or more members of the Town Council may appeal the decision
of the Planning & Zoning Commission by submitting a written notice of
appeal to the Planning & Development Department. The Town Council
shall consider and act on whether it will appeal the Commission's
decision no later than fourteen (14) days from the date of such decision or
at its first regular meeting (for which there is time to post an agenda as
required by law) that occurs after the Commission meeting at which the
decision was made, whichever is later. Written notice of the Town
Council's vote to appeal shall be submitted to the Planning Department
within seven (7) days of the Town Council's vote. The Town Council shall
consider the appeal at a public meeting no later than forty-five (45) days
after the date on which the notice of appeal is submitted to the Planning
Department. The Town Council may affirm, modify, or reverse the
decision of the Planning & Zoning Commission.
8. Athletic Stadium or Field, Private
Permitted by Specific Use Permit when developed in conjunction with a
School, Private or Parochial.
9. Rehabilitation Care Facility
Shall maintain a minimum separation of fifteen hundred feet (1,500')
measured linearly from property line to property line from any other
Rehabilitation Care Facility.
10. Antenna, Non-Commercial
a) Satellite Dishes and Wireless Broadband Antennas
1. In the A, SF, DTSF, 2F, and MH districts, satellite dishes and wireless
broadband antennas are permitted only on the back half of a
residential structure or in the back yard of a residential lot unless a
signal cannot be received in these areas. Should a satellite dish or
wireless broadband antenna be placed somewhere other than on the
back half of a residential structure or in the back yard of a residential
lot, it shall be limited to not more than two feet (2') in diameter. Only
three (3) satellite dishes and/or wireless broadband antennas shall be
permitted per lot or primary structure. One (1) of the three (3) satellite
dishes and/or wireless broadband antennas on a residential structure
and/or lot may be up to twelve feet (12') in diameter. The other two
(2) satellite dishes and/or wireless broadband antennas shall not
exceed two feet (2') in diameter.
2. In the TH and MF districts, satellite dishes and wireless broadband
antennas are permitted only on the back half of a residential structure
or in the back yard of a residential lot unless a signal cannot be
received in these areas. Should a satellite dish or wireless broadband
antenna be placed somewhere other than on the back half of a
residential structure or in the back yard of a residential lot, it shall be
limited to not more than two feet (2') in diameter. Only three (3)
satellite dishes and/or wireless broadband antennas shall be
permitted per residential unit. One (1) of the three (3) satellite dishes
and/or wireless broadband antennas on a residential unit may be up
to twelve feet (12') in diameter. The other two (2) satellite dishes
Ordinance No.15-74,Page 25
and/or wireless broadband antennas shall not exceed two feet (2') in
diameter.
b) Non-commercial antennas shall not interfere with radio or television
reception of adjoining property owners, and shall comply with all
regulations of the Federal Communications Commission (FCC). In no
case shall the height of such antennas exceed forty-five feet (46), unless
located on property owned or leased by the Town of Prosper, and proper
guy wire securement shall be followed. In no manner shall the use of
such equipment infringe upon adjoining property owners. Roof mounted
satellite dishes in excess of fifty (50) pounds shall be approved by a
registered architect or professional engineer by written letter to the
building official, prior to installation, stating the antenna's stability and
support and shall not extend more than six feet (6) above the first story.
11. Antenna, Commercial
Permitted by Specific Use Permit in the referenced districts subject to the
following standards:
a) No commercial antenna shall be located within a distance equal to or less
than the height of such tower from any residential structure or from any
area zoned residential, or shown as residential on the current Future
Land Use Plan. Such distance shall be measured in a straight line from
the closest point of the tower to the closest point of such area or
residential structure. This requirement does not apply to a stealth
antenna.
b) Additional antennas may be placed on a commercial antenna tower with
an existing Specific Use Permit without approval of a separate Specific
Use Permit subject to approval of a final plat and site plan (as necessary)
for the property.
c) Satellite dishes, antennas and cellular equipment shall be screened from
rights-of-way and adjacent properties.
12. Antenna, Stealth
a) Stealth antennas are permitted by right in the residential districts only as
a secondary use when the primary use on the lot is a church, school,
athletic stadium or field, or public utility structure.
b) Stealth antennas are permitted by right in the non-residential districts.
c) The Director of Planning, or his /her designee, may approve a request to
install a stealth antenna when the proposed stealth antenna is of a type
that is specifically listed in the definition of Antenna, Stealth in Chapter 2,
Section 1.2.
d) For stealth antenna requests of a type that are not specifically listed in
this definition, the Town Council may determine if a proposed commercial
antenna is a stealth antenna or not when considering site plan approval
for the proposal.
13. Bus Terminal
Permitted by right in the CC district. Permitted by Specific Use Permit in the
C and I districts. Bus parking and storage areas will be screened with a six
Ordinance No.15-74,Page 26
foot (6') ornamental metal fence, three inch (3") caliper evergreen trees on
twenty (20) foot centers, and five (5) gallon evergreen shrubs on three (3)
foot centers located within a fifteen foot (15') landscape edge.
14. School District Bus Yard
A School District Bus Yard shall be owned and/or operated by a public
Independent School District. Unless otherwise approved by the Planning &
Zoning Commission, School District Bus Yards shall be screened using one
of the following methods:
O ter ion 1
a) A six foot (6') ornamental metal fence,
b) Three inch (3") caliper evergreen trees on twenty foot (20') centers,
and
C) Five (5) gallon evergreen shrubs on three foot (3') centers.
Otiorti 2
a) A six foot (6') clay-fired brick wall, and
b) Three inch (3") caliper evergreen trees on twenty foot (20') centers.
15. Research and Development Center
Any Research and Development Center that includes animal or biological
testing will be permitted by Specific Use Permit in the designated districts;
otherwise they are permitted by right.
16. Alcoholic Beverage Sales
Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as
amended, shall mean any establishment, place of business or person
engaged in the selling of Alcoholic Beverages, as defined in the Texas
Alcoholic Beverage Code, as amended, to the general public for off-premise
personal or household consumption.
a) Alcoholic Beverage Sales shall be subject to compliance with the Texas
Alcoholic Beverage Code, as amended, and any applicable local option
elections.
b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C,
CC and I zoning districts.
c) Beer sales are not permitted in residential zoning districts.
d) Pursuant to the Town Charter, the sale of liquor, as defined in the Texas
Alcoholic Beverage Code, as amended, shall be prohibited by a person or
entity holding a package store permit, as described in the Texas Alcoholic
Beverage Code, as amended, in any zoning district which allows, in
whole or in part, residential development in the Town.
e) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
f) Alcoholic Beverage Sales shall not be located within the following:
1. Three hundred feet (300') from a church, public school, private school,
and/or public hospital. However, Alcoholic Beverage Sales may be
Ordinance No.15-74,Page 27
located within three hundred feet (300') of a private school if minors
are prohibited from entering the place of business, as required by
Section 109.53, Texas Alcoholic Beverage Code, as amended; or
2. One thousand feet (1,000) from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts the
additional spacing requirements by resolution. But, the Town Council
may not adopt this additional spacing requirement if: (i) minors are
prohibited from entering the place of business engaged in Alcoholic
Beverage Sales, pursuant to Section 109.53, Texas Alcoholic
Beverage Code, as amended; (ii) the holder of a retail off-premise
consumption permit or license if less than fifty percent (50%) of the
gross receipt for the premises, excluding the sale of items subject to
the motor fuels are from the sale or service of alcoholic beverages; or
(iii) the holder of a license or permit issued under Chapter 27, 31 or
72, Texas Alcoholic Beverage Code, as amended, who is operating
on the premises of a private school.
g) Measurement of the distance between the place of business engaged in
Alcoholic Beverage Sales and the church or public hospital shall be along
the property line of the street fronts, from front door to front door, and in a
direct line across intersections. Measurement for the distance between
the place of business engaged in Alcoholic Beverage Sales and a public
or private school shall be:
1. In a direct line from the Property Line of the public or private school to
the Property Line of the place of business, and in a direct line across
intersections; or
2. If Alcoholic Beverage Sales are located on or above the fifth (5th) story
of a multistory building, in a direct line from the Property Line of the
public or private school to the Property Line of the place of business,
in a direct line across intersections, and vertically up the building at
the Property Line to the base floor on which Alcoholic Beverage Sales
are located.
h) In accordance with Section 109.33, Texas Alcoholic Beverage Code, as
amended, in this Paragraph 16, "private school" means a private school,
including a parochial school, that:
1. Offers a course of instruction for students in one or more grades from
kindergarten through grade twelve; or
2. Has more than one hundred (100) students enrolled and attending
courses at a single location.
i) If at any time an original Alcoholic Beverage permit or license is granted
by the Texas Alcoholic Beverage Commission to an establishment, place
of business, or person and the establishment, place of business or person
satisfies the requirements regarding the distance requirements in this
Paragraph 16, then the same shall be deemed to satisfy the distance
requirements for all subject renewals of the license or permit. This shall
not be the case if the Texas Alcoholic Beverage Commission revokes the
license or permit.
Ordinance No.15-74,Page 28
j) There shall be no variances considered with regard to the regulations set
forth herein.
17. Convenience Store With Gas Pumps
Convenience Stores with Gas Pumps shall be subject to the following
development standards:
a) Permitted in the designated districts only within two hundred feet (200') of
the right-of-way lines of intersecting major thoroughfares;
b) Gas Pumps are permitted at a maximum of two (2) corners at an
intersection of two (2) major thoroughfares;
c) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
d) Canopies shall have pitched roofs;
e) Canopy support columns shall be entirely masonry encased;
f) The canopy band face shall be a color consistent with the main structure
or an accent color and may not be backlit; and
g) Use shall be removed if closed for more than six (6) months.
18. Nursery, Major
Permitted by Specific Use Permit in an Agricultural zoning district if
designated as non-residential on the Future Land Use Plan.
19. Body Art Studio
Must be set back one thousand feet (1,000') from any other Body Art Studio,
Residential Zoning District, church, Public, Private, or Parochial School, and
day care.
20. Day Care Center, Child
Notwithstanding anything to the contrary herein, a public independent school
district is not required to obtain a SUP for the operation of a Day Care Center,
Child in a public school. A Day Care Center, Child not operated by a public
independent school district is permitted by SUP in all districts except
Industrial.
21. Day Care Center, In-Home
Permitted by right as a home occupation in the designated zoning districts
and is subject to the regulations of Home Occupation.
22. Hotel, Full Service
Full Service Hotel developments shall be subject to the following
development standards:
a) External balconies and walkways shall be set back two hundred feet
(200') from any residential zoning district.
b) Shall provide management staff on-site twenty four (24) hours a day.
c) Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
Ordinance No.15-74,Page 29
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
d) Shall provide a full service restaurant offering three (3) meals a day.
e) Shall provide a minimum total of 10,000 square feet of meeting/event
space.
f) No more than five percent (5%) of the total number of guest rooms shall
have cooking facilities.
g) All room units must be accessed through an internal hallway, lobby, or
courtyard.
23. Hotel, Limited Service
Limited Service Hotel developments shall be subject to the following
development standards:
a) A Specific Use Permit is required.
b) Access to guest rooms shall be restricted to exclusively to interior
corridors.
c) External balconies and walkways shall be set back two hundred feet
(200') from any residential zoning district.
d) Shall provide management staff on-site twenty four (24) hours a day.
e) Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
f) Shall provide daily housekeeping.
g) The guest rooms shall not contain any cooking facility that includes a
conventional oven, convection oven, stove top burner, grill, hibachi or
hotplate.
24. Hotel, Residence/Extended Stay
Residence/Extended Stay Hotel developments shall be subject to the
following development standards:
a) A Specific Use Permit is required.
b) External balconies and walkways shall be set back two hundred feet
(200') from any residential zoning district.
c) Shall provide laundry facilities on-site for guest use.
Ordinance No.15-74,Page 30
d) Access to guest rooms shall be restricted exclusively to interior corridors.
e) Shall provide management staff on-site twenty four (24) hours a day.
f) Shall provide at least five (5) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
g) Shall be set back a minimum of one hundred feet (100') from any
residential district.
h) Shall maintain fifteen percent (15%) of the lot area as outdoor open space,
exclusive of required setbacks and parking areas, but including amenities
from the above list except for the indoor pool and conference room(s)
shall not count toward meeting the open space requirement. The
minimum fifteen percent (15%) open space may be reduced by the Town
Council upon approval of a Specific Use Permit providing evidence of
other amenities meeting the intent of the open space requirement.
i) Shall provide daily housekeeping.
j) Any guest room indoor cooking facility shall not include a grill, hibachi or
hotplate.
k) Shall provide a restaurant offering a minimum of one meal per day.
1) Shall be permitted only with frontage along US 380, Preston Road, or the
Dallas Parkway.
25. Pet Day Care
Permitted by right subject to the following standards:
a) Hours of operation limited to 6:00 a.m. to 8:00 p.m.
b) A Pet Day Care must be located a minimum of one hundred feet (100')
from restaurants and food preparation establishments (property line to
property line).
c) Overnight boarding of animals and outdoor kennels are prohibited.
d) Provisions must be made for the sanitary disposal of all animal waste in
accordance with the Animal Control ordinance and Building Codes, as
they exist or may be amended.
26. Restaurant
a) A Restaurant is permitted by Specific Use Permit in the NS Zoning
District and is permitted by right in the O, DTO, DTR, R, DTC, C, and
CC Zoning Districts subject.
b) Restaurants with drive-through are only permitted in the R, C, and CC
Zoning Districts.
Ordinance No.15-74,Page 31
c) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 applies to restaurants with a
drive-through.
d) Restaurants that sell Alcoholic Beverages for on-premise consumption
shall be subject to compliance with the Texas Alcoholic Beverage Code,
as amended, and any applicable local option elections.
e) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
f) A Restaurant that sells Alcoholic Beverages for on-premise
consumption shall not be located within the following:
1. Three hundred feet (300') from a church, public hospital, public
school and/or private school. However, Alcoholic Beverage Sales
may be located within three hundred feet (300') of a private school if
the holder of a license or permit holds a food and beverage
certificate covering a premise that is located within three hundred
feet (300') of a private school; or
2. One thousand feet (1000') from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts such
additional spacing requirements by resolution. Measurement for the
distance between a Restaurant or Cafeteria where Alcoholic
Beverages for on-premise consumption are sold and a church or
public hospital shall be along the property lines of the street fronts,
from front door to front door, and in a direct line across
intersections.
g) Measurement for the distance between a Restaurant or Cafeteria where
Alcoholic Beverages for on-premise consumption are sold and a public
and/or private school shall be:
1. In a direct line from the Property Line of the public and/or private
school to the Property Line of the place of business, and in a direct
line across intersections; or
2. If the Restaurant or Cafeteria that sells Alcoholic Beverages
for on-premise consumption is located on or above the fifth
(5'") story of a multistory building, in a direct line from the
Property Line of the public and/or private school to the
Property Line of the place of business, in a direct line across
intersections, and vertically up the building at the Property Line
to the base of the floor on which the Restaurant or Cafeteria is
located.
h) If a Restaurant receives seventy-five percent (75%) or more of its gross
revenue on a quarterly basis from the sale or service of Alcoholic
Beverages for on-premise consumption, the use will no longer qualify as
a Restaurant or Cafeteria and will be classified and regulated by the
Town as an Alcoholic Beverage Establishment under the Zoning
Ordinance.
Ordinance No.15-74,Page 32
i) There shall be no variances considered with regard to the regulations set
forth herein.
27. Car Wash
a) Permitted as only as an accessory use to a Convenience Store with Gas
Pumps in the Commercial Corridor District.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
28.Winery
A winery is permitted by right in the Agricultural District only when located on
the same lot as a vineyard. The vineyard shall occupy a minimum of eighty
percent (80%) of the lot, and the winery may not exceed twenty percent
(20%) of the lot.
29. Private Club Private Clubs shall be subject to compliance with the Texas
Alcoholic Beverage Code, as amended, and any applicable local option
elections.
a) A Private Club is permitted only by specific use permit in R, C and CC
zoning districts. A Private Club is also permitted by specific use permit as
an accessory use in any zoning district only when in conjunction with the
operation of a golf course.
b) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
c) A Private Club shall not be located within:
1. Eight hundred feet (800') from a church, public hospital, public school,
private school, and/or residential zoning district. For this purpose,
residential zoning districts shall include, but are not limited to,
properties that are zoned Neighborhood Service and residential
Planned Development Districts;
2. One thousand feet (1000') from a public school if the Town Council
receives a request for this additional spacing requirement from the
school district, and the Town Council adopts such additional spacing
requirements by resolution; or
3. One thousand feet (1000') from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts the
additional spacing requirements by resolution.
d) Measurement for the distance between a Private Club and the uses listed
above or the nearest residential zoning district shall be in a direct line
from the Property Line of the applicable use listed above or the nearest
residential zoning district to the Property Line of the Private Club, and in a
direct line across intersections.
e) There shall be no variances considered with regard to the regulations set
forth herein.
Ordinance No.15-74,Page 33
30. Alcoholic Beverage Establishment
a) Alcoholic Beverage Establishments shall be subject to compliance with
the Texas Alcoholic Beverage Code, as amended, and any applicable
local option elections.
b) An Alcoholic Beverage Establishment is permitted only by specific use
permit in R, C and CC zoning districts.
c) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
d) An Alcoholic Beverage Establishment shall not be located within:
1. Eight hundred feet (800') from a church, public hospital, public school,
private school, and/or residential zoning district. For this purpose,
residential zoning districts shall include, but is not limited to,
properties that are zoned Neighborhood Service and residential
Planned Development Districts;
2. One thousand feet (1000') from a public school if the Town Council
receives a request for this additional spacing requirement from the
school district, and the Town Council adopts such additional spacing
requirements by resolution; or
3. One thousand feet (1000') from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts the
additional spacing requirements by resolution.
e) Measurement for the distance between an Alcoholic Beverage
Establishment and the uses listed above or the nearest residential zoning
district shall be in a direct line from the Property Line of the applicable use
listed above or the nearest residential zoning district to the Property Line
of the Alcoholic Beverage Establishment, and in a direct line across
intersections.
f) There shall be no variances considered with regard to the regulations set
forth herein.
31. Outdoor Merchandise Display, Temporary
a) The outdoor display of merchandise shall be associated with the
merchandise offered for sale on the same premise.
b) The outdoor display of merchandise shall not exceed 72 consecutive
hours with a minimum of twenty-eight (28) days between each
occurrence.
c) The outdoor display of merchandise shall not block or impede required
accessibility.
Ordinance No.15-74,Page 34
32. Donation or Recycling Bin
a) In the Single Family Districts and the Downtown Single Family District, a
donation or recycling bin shall only be permitted on a lot or tract owned
and occupied by a public school or a private/parochial school.
b) A donation or recycling bin requires approval of a Site Plan by the
Planning & Zoning Commission and a permit issued by the Building
Inspections Division.
c) The permit shall contain written authorization of the property owner.
d) A maximum of one (1) donation or recycling bin shall be permitted per lot
or tract.
e) The donation or recycling bin shall be located within 100 feet (100) of the
main structure but not located within the required front, side or rear
property lines.
f) The donation or recycling bin shall not be located on any required parking
space(s), nor located in a manner that blocks pedestrian access or a
driver's visibility.
g) The donation or recycling bin shall not exceed six feet, six inches (6', 6")
in height, six feet (6') in width and six feet (6') in length.
h) The donation or recycling bin shall clearly identify the name, address and
telephone number of the permittee and operator, if different from the
permittee.
i) The permittee shall maintain the area surrounding the donation or
recycling bin free of any junk, garbage, trash, debris or other refuse
material.
j) The permittee and operator shall be responsible for abating and removing
all junk, garbage, trash, debris and other refuse material in the area
surrounding the donation or recycling bin within twenty-four (24) hours of
written or verbal notice from the Town.
k) The Town shall have the right to revoke any permit issued hereunder if
permittee or operator fails to comply with the provisions of this
subsection. The Town shall provide a written notification to the permittee
or operator stating the specific grounds for revocation. Upon revocation,
the donation or recycling bin shall be removed from the permittee's real
property within thirty (30) calendar days and, if not removed within this
time period, the Town may remove, store and dispose of the donation or
recycling bin at the permittee's sole cost and expense.
33. Funeral Home
On-site cremation services shall require a Specific Use Permit
34. Restaurant, Drive In
The distance requirement from any residential zoning district as established
in Section 9.11 of Chapter 4 shall apply.
35. Automobile Repair, Major
a) A Specific Use Permit is required in the Commercial District
Ordinance No.15-74,Page 35
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
36.Automobile Repair, Minor
The distance requirement from any residential zoning district as established
in Section 9.11 of Chapter 4 shall apply.
37. Automobile Sales/Leasing, New
a) A Specific Use Permit is required in the Commercial and Commercial
Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
38.Automobile Sales/Leasing, Used
a) A Specific Use Permit is required in the Commercial and Commercial
Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
39. Car Wash, Self-Serve
a) A Specific Use Permit is required in the Commercial District.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
40. Motorcycle Sales/Service
a) A Specific Use Permit is required in the Commercial and Commercial
Corridor Districts.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
41. Recreational Vehicle Sales and Service, New/Used
a) A Specific Use Permit is required in the Commercial District.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
42. Truck/Bus Repair
The distance requirement from any residential zoning district as established
in Section 9.11 of Chapter 4 shall apply.
43.Truck Sales, Heavy Trucks
a) A Specific Use Permit is required in the Commercial District.
b) The distance requirement from any residential zoning district as
established in Section 9.11 of Chapter 4 shall apply.
44. Truck Terminal
The distance requirement from any residential zoning district as established
in Section 9.11 of Chapter 4 shall apply."
Ordinance No.15-74,Page 36
SECTION 25
From and after the effective date of this Ordinance, Section 2, "Definitions," of
Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning Ordinance, as
amended, is hereby repealed in its entirety and replaced with a new Section 2,
"Definitions," of Chapter 3, "Permitted Uses and Definitions," to read as follows:
"SECTION 2
DEFINITIONS
2.1 For the purpose of these regulations, certain terms and words are to be used and
interpreted as defined hereinafter. Words used in the present tense shall include
the future tense; words in the singular number include the plural and words in the
plural number include the singular, except where the natural construction of the
writing indicates otherwise. The word "shall" is mandatory and not discretionary.
2.2 Abutting, Adjacent, or Adjoining - Contiguous or sharing a common border or
boundary with other property. Abutting, adjacent and adjoining shall include
property immediately across an alley, but shall not include property across a
street.
Accessory Building - A building that is subordinate to and functionally related to
the primary building, which contributes to the comfort, convenience, or necessity
of occupants of the primary building on the same platted lot. Accessory buildings
shall be detached from the primary building.
Administrative, Medical, or Professional Office - A building used for the
provision of executive, management, or administrative services. Typical uses
include, but are not limited to, administrative offices and services including real
estate, property management, investment, medical, architect, engineer, travel,
secretarial services, accounting organizations and associations, and vehicle
rental office without on-site storage of fleet vehicles.
Advertising Sign Or Structure - Any cloth, card, paper, metal, glass, wooden,
plastic, plaster or stone sign or other sign, device or structure of any character
whatsoever, including a statuary or place for outdoor advertising purposes on the
ground or any tree, wall, bush, rock, post, fence, building or structure. The term
"placed" shall include erecting, constructing, posting, painting, printing, tacking,
mailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible
in any manner whatsoever. The area of an advertising structure shall be
determined as the area of the largest cross-section of such structure.
Directional, warning, or any other signs posted by public officials in the course of
their public duties shall not be construed as advertising signs for the purpose of
this Ordinance.
Airport/Heliport - A place where aircraft and/or helicopters can land and take
off, usually equipped with hangars, facilities for refueling/repair and various
accommodations for passengers.
Alcoholic Beverage — Means alcohol, or any beverage containing more than
one-half (1/2) of one percent (1%) of alcohol by volume, which is capable of use
for beverage purposes, either alone or when diluted, as defined by the Texas
Alcoholic Beverage Code, as amended.
Ordinance No.15-74,Page 37
Alcoholic Beverage Establishment - Any establishment that derives seventy-
five percent (75%) or more of its gross revenues on a quarterly basis from the
sale or service of alcoholic beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, for on-premise consumption.
Alcoholic Beverage Sales - Any establishment, place of business, or person
engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, to the general public for off-premise personal or
household consumption.
Alley - A minor right-of-way, dedicated to public use, which affords a secondary
means of vehicular access to the back or side of properties otherwise abutting a
street, and which may be used for public utility purposes.
Antenna - An instrument or device consisting of wires, poles, rods, or reflecting
discs, designed for transmitting or receiving any portion of the radio, microwave,
or electromagnetic spectrum.
Antenna, Commercial - An antenna and its support structure used for
commercial broadcasting or telecommunication purposes. This definition shall
also include a satellite dish exceeding twelve feet (12') in diameter and a
microwave-transmitting tower. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA),
Occupational Health and Safety Administration (OSHA), and all other applicable
State and Federal regulatory agency requirements and guidelines for human
safety, as they exist or may be amended.
Antenna, Non-Commercial - An antenna and its support structure not
exceeding forty-five feet (45') in height above the ground elevation at the base of
the support structure, unless located on property owned or leased by the Town of
Prosper, designed for transmitting or receiving any portion of the radio,
microwave, or electromagnetic spectrum. This definition shall also include a
satellite dish antenna not to exceed twelve feet (12') in diameter.
Antenna, Stealth -A commercial antenna and its support structure that is
designed to be non-obtrusive, or virtually transparent or invisible to the
surrounding neighborhood. Stealth Antennas include, but are not limited
to:
• Antennas within a building's attic space;
• Antennas on the roof of a minimum three-story building and not visible
from the property line of the lot on which the antenna is located;
• Antennas on a public utility structure, such as a water tower or high
transmission line support tower, and painted to match the structure; or
• Antennas located within a structure such as a flagpole, church
steeple, subdivision monument, clock tower, or similar architectural
feature, and Antennas located on an athletic field light pole.
Antenna Support Structure - Any tower, mast, pole, tripod, box frame, or other
structure utilized for the purpose of transmission, retransmission, and/or
reception of electromagnetic, radio, television, or microwave signals.
Antique Shop and Used Furniture - A retail establishment engaged in the
selling of works of art, furniture, or other artifacts of an earlier period, with all
sales and storage occurring inside a building.
Ordinance No.15-74,Page 38
Apartment - A room or suite of rooms in a Multiple-Family Residence arranged,
designed, or occupied as a place of residence by a single family, individual, or
group of individuals.
Artisan's Workshop - An establishment used for the preparation, display, and
sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-
craft, hand-woven articles, and related items.
Assisted Care or Living Facility - A facility which provides residence and care
to ten or more persons regardless of legal relationship who are elderly; disabled;
orphaned, abandoned, abused, or neglected children; victims of domestic
violence; convalescing from illness; terminally ill; or temporarily homeless due to
fire, natural disaster, or financial setback together with supervisory personnel.
This definition shall also include a facility providing health care or rehabilitative
services over a long period of time to persons chronically ill, aged, or disabled
due to injury or disease.
Athletic Stadium or Field, Private - A private field(s) and structure used for
sporting events with associated spectator seating, either permanent or
temporary.
Athletic Stadium or Field, Public -A field(s) and structure owned and operated
by the Town of Prosper and/or a local independent school district used for
sporting events with associated spectator seating, either permanent or
temporary.
Automobile - A self-propelled mechanical vehicle designed for use on streets
and highways for the conveyance of goods and people, including, but not limited
to, passenger cars, trucks, buses, motor scooters, and motorcycles.
Automobile Parking Lot/Garage - An area or structure where the parking of
motor vehicles serves as the primary use on the lot. This use does not include
the storage of gasoline.
Automobile Paid Parking Lot/Garage - An area or structure where a fee is
charged for parking motor vehicles and which serves as the primary use on the
lot. This use does not include the storage of gasoline.
Automobile Repair, Major - General repair or reconditioning of engines, air-
conditioning systems, and transmissions for motor vehicles; wrecker or towing
service with on-site storage of vehicles; collision services including body, frame,
or fender straightening or repair; customizing; painting; vehicle steam cleaning;
tire retreading; insurance estimations with on-site storage; undercoating and rust
proofing, and other similar uses.
Automobile Repair, Minor - An establishment used for the dispensing or sales
of automobile fuels, lubricants, and automobile accessories; the minor repair or
replacement of parts and performing state inspections and making minor repairs
necessary to pass said inspection; automobile detailing; and the sales and
installation of automobile radios. Uses listed under"Automobile Repair, Major" or
any other similar uses are not included. Vehicles, which are inoperative or are
being repaired, may not remain parked outside for a period greater than seven
(7) days.
Automobile Sales/leasing, New - Sales, rental, and/or leasing of new
automobiles or light load vehicles, including, as accessory uses: Automobile
Sales, Used; Automobile Repair, Major; and Automobile Storage.
Ordinance No.15-74,Page 39
Automobile Sales, Used - Sales of used automobiles or light load vehicles.
Automobile Storage - The storage on a lot or tract of operable automobiles for
the purpose of holding such vehicles for sale, lease, distribution, or storage.
Auto Parts Sales, Inside - The use of any building for the display and sale of
new or used parts, including tires, for automobiles, panel trucks or vans, trailers,
or recreation vehicles.
Auto Parts Sales, Outside -The use of any land area for the display and sale of
new or used parts, including tires, for automobiles, panel trucks or vans, trailers,
or recreation vehicles.
Bank, Savings and Loan, or Credit Union - An establishment for the custody,
loan, exchange or issue of money, the extension of credit, and/or facilitating the
transmission of funds, including automated teller machines.
Basement (or Cellar) - A story partly or wholly underground. For purposes of
height measurement, a basement shall be counted as a story when more than
one-half of its height is above the average level of the adjoining ground or when
subdivided and used for commercial or dwelling purposes by other than a janitor
employed on the premises.
Beauty Salon/Barber Shop - Establishments primarily engaged in providing
services generally involved in the care of the person or his apparel including, but
not limited to, barber and beauty shops, tanning salons, ear piercing shops,
cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn - An owner (or operator) occupied residence with up to
five (5) bedrooms available for overnight guests. A Bed and Breakfast Inn may
provide for guest stays up to fourteen (14) consecutive days; however, it shall not
offer weekly rental rates. Kitchen and dining facilities may be included to provide
meals for guests only; however, no food preparation shall be permitted in guest
bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet
facilities, or similar services.
Big Box - Retail buildings over eighty thousand (80,000) square feet where the
primary tenant occupies at least eighty percent (80%) of the building.
Block - An area enclosed by streets, or if said word is used as a term of
measurement, it shall mean the distance along a side of a street between two
intersecting streets; or if the street is of a dead-end type, a block shall be
considered to be measured between the nearest intersecting street and the end
of such dead-end street. In cases where platting is incomplete or disconnected,
the Building Official shall determine the outline of the block.
Board of Adjustment - A five (5) member board with two (2) alternates
appointed by the Town Council for the purpose of making special exceptions to
the terms of the Town of Prosper Zoning Ordinance. See Chapter 1, Section 8.6
of this Ordinance for the specific duties and regulations of the Board of
Adjustment. In the event that a Board of Adjustment is not appointed, the Town
Council shall perform the duties and responsibilities assigned to the Board of
Adjustment by this Ordinance.
Body Art Studio - An establishment whose services include tattooing and/or
body piercing. Tattooing shall mean the placing of designs, letters, figures,
symbols, or other marks upon or under the skin of any person, using ink or other
Ordinance No.15-74,Page 40
substances that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture the skin.
Body piercing shall mean the creation of an opening in an individual's body to
insert jewelry or another decoration.
Breezeway - A covered passage one (1) story in height and six feet (6') or more
in width connecting a main structure and an accessory building. A breezeway
shall be considered an accessory building.
Buildable Area - The allowable area available to construct a building or structure
after complying with the Town's applicable set back and maximum lot coverage
requirements.
Building - Any structure intended for shelter, occupancy, housing or enclosure
for persons, animals or chattel. When separated by dividing walls without
openings, each portion of such structure so separated shall be deemed a
separate building.
Building Height - The vertical distance between the average of the highest and
lowest points of grade of that portion of the lot covered by the building to the
highest point of a structure.
Building Line - A line parallel, or approximately parallel, to any front lot line at a
specific distance there from, marking the minimum distance from the front lot line
that a building may be erected.
Building, Main - A building in which the principal use of the lot on which it is
situated is conducted. In a residential district the primary dwelling unit shall be
deemed to be a main building on the lot on which it is situated.
Building Material and Hardware Sales, Major-An establishment for the sale of
materials customarily used in the construction of buildings and other structures,
including outside storage or display of materials or merchandise.
Building Material and Hardware Sales, Minor - An establishment for the sale
of materials customarily used in the construction of buildings and other
structures, without any outside storage or display of materials or merchandise.
Building Official - The inspector or administrative official of the Town charged
with responsibility for issuing permits and enforcing the Zoning Ordinance and
Building Code.
Building Permit- An official document or certificate issued by the Town of
Prosper authorizing erection, construction, renovation, maintenance, or any other
specified activity on any building, structure or land, or on any installations or
facilities therein. The term "building permit" shall include but not be limited to
building permits, electrical permits, mechanical permits, and plumbing permits.
Bus Terminal - Any premises for the transient parking or storage of motor-driven
buses and the loading and unloading of passengers.
Business Service - Establishments primarily engaged in providing services not
elsewhere classified, to business enterprises on a fee contract basis, including,
but not limited to, advertising agencies, computer programming and software
services, and office equipment sales, rental, leasing, or repair.
Cabinet/Upholstery Shop - An establishment for the production, display, and
sale of cabinets, furniture, and soft coverings for furniture.
Ordinance No.15-74,Page 41
Campground or Recreational Vehicle Park - Any area that is designed for
occupancy by transients using tents, mobile trailers, or recreational vehicles for
temporary sleeping purposes.
Candlepower - The quantity of light required to illuminate a surface one (1) foot
distance from a light source to the intensity of one (1) foot-candle.
Caretaker's/Guard's Residence - A residence located on a premises with a
main non-residential use and occupied only by a caretaker or guard, and his/her
family, employed on the premises.
Carport - A structure, either attached to or detached from another structure,
open on a minimum of two sides designed or used to shelter not more than three
vehicles and not to exceed twenty-four feet (24') on its longest dimension. Also
called "covered parking area."
Car Wash - A facility where a customer can have a motorcycle, automobile and
light load vehicle washed in exchange for financial consideration.
Car Wash, Self-Serve - A facility, typically coin operated, used by the customer
to wash motorcycles, automobiles and light load vehicles.
Cemetery or Mausoleum - Property used for the interring of the dead.
Certificate of Occupancy - An official certificate issued by the Town through the
Building Official that indicates conformance with or approved conditional waiver
from the zoning regulations and authorizes legal use of the premises for which it
is issued; may be referred to as an Occupancy Permit.
Civic/Convention Center - A building or complex of buildings used for cultural,
recreational, athletic, convention or entertainment purposes.
Clear-Cutting - Any indiscriminate cutting, plowing, or grubbing of Protected
Tree(s) without regard to their type or size for the purpose of clearing an area of
land of Trees.
College, University, Trade, or Private Boarding School - An institution
established for educational purposes offering courses for study beyond the
secondary education level, including trade schools and commercial schools
offering training or instruction in a trade, art, or occupation. A Private Boarding
School is an educational institution offering primary and secondary level courses.
Dormitories for students and employees only are permitted in conjunction with
these uses.
Commercial Amusement, Indoor - An enterprise providing for indoor
recreational activities, services, amusements, and instruction for an admission
fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating
rinks, bingo parlors, amusement arcades, and/or practice areas.
Commercial Amusement, Outdoor - An enterprise providing for outdoor
recreational activities, services, amusements, and instruction for an admission
fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and
carnivals.
Community Center - A building or portion of a building owned and/or operated
by a government entity or not-for-profit agency in which facilities are provided for
civic, educational, political, or social purposes.
Ordinance No.15-74,Page 42
Comprehensive Plan - Graphic and textual form policies which govern the
future development of the Town and which consists of various components
governing specific geographic areas and functions and services of the Town.
Concrete/Asphalt Batching Plant, Permanent - A permanent manufacturing
facility for the production of concrete or asphalt.
Concrete/Asphalt Batching Plant, Temporary - A temporary manufacturing
facility for the on-site production of concrete or asphalt during construction of a
project, and to be removed when the project is completed.
Construction Yard and Field Office, Temporary - A building, structure, or
storage/assembly yard used in conjunction with a development project for
housing temporary supervisory or administrative functions related to
development, construction, or the sale of real estate properties within the
development and subject to removal at completion of construction.
Contractor's Shop and/or Storage Yard - A building, part of a building, or land
area for the construction or storage (inside or out) of materials, tools, products,
and vehicle fleets.
Convenience Store with Gas Pumps -A retail establishment that sells food and
other consumable and non-consumable products for off-premise use or
consumption. This definition shall also include the dispensing or sales of motor
vehicle fuels, lubricants, and accessories, but shall not include automobile repair
or the sale of replacement parts.
Convenience Store without Gas Pumps -A retail establishment that sells food
and other consumable and non-consumable products for off-premise use or
consumption.
Court - An open, unobstructed space, bounded on more than two sides by the
walls of a building. An inner court is entirely surrounded by the exterior walls of a
building. An outer court has one side open to a street, alley, yard, or other
permanent open space.
Coverage - The lot area covered by all buildings located thereon.
Cutoff - The point at which all light rays emitted by a lamp, light source or
luminary are completely eliminated (cutoff) at a specific angle above the ground.
Cutoff Angle - The maximum angle formed by a line drawn in the direction of
emitted light rays at the light source and a line perpendicular to the ground from
the light source, beyond which no light is emitted.
Day Care Center, Adult - A facility that provides services under an Adult Day
Care Program on a daily or regular basis, but not overnight, to four or more
elderly or handicapped persons who are not related by blood, marriage, or
adoption to the owner of the facility. Adult Day Care Centers must be licensed by
the Texas Department of Human Services.
Day Care Center, Child -A commercial institution or place designed for the care
of four (4) or more children during the hours of 6:00 a.m. to 10:00 p.m. The term
"day care center" shall not include overnight lodging, medical treatment,
counseling, or rehabilitative services and does not apply to any school. This use
is subject to registration/licensing with appropriate State agencies.
Ordinance No.15-74,Page 43
Day Care Center, Incidental — An accessory use designed only for the care of
children belonging to employees of the primary use. The center shall be
completely contained within the primary use and shall not constitute more than
fifteen percent (15%) of the main use. The operating hours of the center shall be
the same as the primary use and shall not include overnight lodging, medical
treatment, counseling, or rehabilitative services. This use is subject to
registration/licensing with appropriate State agencies.
Day Care Center, In-Home -A home occupation that provides care for less than
twenty four (24) hours a day to no more than six (6) children under the age of
fourteen, plus no more than six (6) additional elementary school-age children
(age five (5) to thirteen (13)). The total number of children, including the
caretaker's own children, is no more than twelve (12) at any time. This use is
subject to registration/licensing with appropriate State agencies.
Development - Any manmade change to improved or unimproved real estate,
including but not limited to, buildings and/or other structures, paving, drainage,
utilities, storage, and agricultural activities.
District -Any section or sections of the Town for which the regulations governing
the use of land and the use, density, bulk, height and coverage of buildings and
other structures are uniform for each class or kind of building therein.
Donation or Recycling Bin -An unattended receptacle with a door, slot or other
opening that is intended to accept donated or recyclable materials, excluding
containers associated with recyclable materials generated by the on-premise
operator and receiving regular collection services.
Downtown Public Parking Lot(s) - An area, other than street or public way,
provided for self-parking by employees, visitors, and/or patrons of any state or
local government, any public accommodations, retail or office establishments, or
any other business open to the general public.
Drip Line -A vertical line running through the outermost portion of the crown of a
tree and extending to the ground.
Dry Cleaning, Major - An industrial facility where fabrics are cleaned with
substantially non-aqueous organic solvents on a commercial or wholesale basis.
Dry Cleaning, Minor - A custom cleaning shop or pick-up station not exceeding
six thousand (6,000) square feet of floor area, including, but not limited to, dry
cleaning plants having no more than one thousand five hundred (1,500) square
feet of floor area for dry cleaning equipment.
Easement - A grant of one or more of the property rights by the property owner
to and/or for the use by the public, a corporation or another person or entity.
Electrical Power Generating Plant - All equipment, fixtures, and property
operated or maintained in connection with the production of electricity and
transmission of electricity produced.
Equipment and Machinery Sales and Rental, Major - A building or open area
used for the display, sale, rental, or storage of heavy equipment and machinery.
Equipment and Machinery Sales and Rental, Minor - A building or structure
used for the inside display, sale, rental, or storage of light machinery, including,
but not limited to, bicycles, lawn mowers, tools, and other small machinery.
Ordinance No.15-74,Page 44
Fairgrounds/Exhibition Area - An area where outdoor fairs, circuses, or
exhibitions are held.
Family - One or more persons related by blood, marriage, or adoption, or a
group not to exceed four (4) persons not all related by blood or marriage,
adoption or guardianship, occupying a dwelling unit and living as a single house-
keeping unit.
Farmer's Market - An area containing individual vendors who offer fruits,
vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for
sale. The following products are not permitted for sale at a Farmer's Market: any
type of meat, fish, poultry, eggs, refrigerated dairy products, or home packaged
items.
Farm, Ranch, Stable, Garden, or Orchard - An area which is used for the
cultivation of vegetables, fruits, and grain or for the raising thereon of the usual
farm poultry and farm animals such as horses, cattle, and sheep and including
the necessary accessory uses for raising, treating, and storing products raised on
the premises, but not including the commercial feeding of offal or garbage to
swine or other animals and not including any type of agriculture or husbandry
specifically prohibited by ordinance or law.
Feed Store - An establishment for the selling of corn, grain, and other foodstuffs
for animals and livestock and including other implements and goods related to
agricultural processes, but not including farm machinery.
Fence - Any construction or hedge of any material, the purpose of which is to
provide protection from intrusion (either physical or visual) to prevent escape,
mark a boundary, or provide decoration. A wall shall be considered a fence.
Restraining walls for the purpose of diverting water and retaining soil are not
classified as a fence.
Flea Market, Inside - A building or structure wherein space is rented to vendors
on a short-term basis for the sale of merchandise. The principal sales shall
include new and used household goods, personal effects, tools, art work, small
household appliances, and similar merchandise, objects, or equipment in small
quantities. The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed to include
personal services establishments, food services establishments, retail sales
establishments, and auction establishments.
Flood or Spot Light - Any light fixture or lamp that incorporates a reflector or a
refractor to concentrate the light output into a directed beam in a particular
direction.
Flood Plain - Any property within the limits as delineated by FEMA (Federal
Emergency Management Agency) of the 100-year flood plain or as amended by
an engineering flood study of the ultimate developed conditions prior to any
reclamation.
Floor Area - The total gross square feet of floor space within the outside
dimensions of a building including each floor level, but excluding carports,
residential garages, and breezeways.
Floor Area Ratio (FAR) - The floor area of a main building or buildings on a lot,
excluding structured parking garages, divided by the lot area.
Ordinance No.15-74,Page 45
Foot-Candle - A unit of illumination produced on a surface, all points of which
are one (1) foot from a uniform point source of one (1) candle. When metric units
are used, lux is the unit of light quantity. One (1) lux equals one (1) lumen per
square meter of area. One (1) foot-candle equals 10.76 lux.
Fortune Teller/Psychic -A use involving the foretelling of the future in exchange
for financial or other valuable consideration. Fortune telling shall include, but is
not limited to, uses where the fortune is told through astrology, augury, card or
tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination,
magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy,
and spiritual reading. Fortune telling does not include forecasting based on
historical trends or patterns or religious dogma.
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority - An
organized group having a restricted membership and specific purpose related to
the welfare of the members including, but not limited to, Elks, Masons, Knights of
Columbus, Rotary International, Shriners, or a labor union.
Full Cutoff-Type of Luminaries or Horizontal Limited Luminaries -
Luminaries constructed or shielded to direct all light at a cutoff angle of less than
ninety (90) degrees.
Funeral Home - A place for the storage of human bodies prior to their burial or
cremation, or a building used for the preparation of the deceased for burial and
the display of the deceased and ceremonies connected therewith before burial or
cremation. On-site cremation services permitted in accordance with the
Conditional Development Standards.
Furniture, Home Furnishings and Appliance Store - Retail establishments
selling goods used for furnishing the home, including, but not limited to, furniture,
floor coverings, draperies, domestic stoves, refrigerators, and other household
electrical and gas appliances.
Furniture Restoration - A workshop that specializes in furniture refinishing,
including the use of all materials, tools, and chemicals associated with the use.
Garage Apartment - An accessory dwelling unit for one (1) family erected in
conjunction with a garage, but with a separate entrance than that of the primary
dwelling unit on the lot, when the main structure is an owner occupied detached
dwelling unit, and which is never rented or offered for rent.
Garage, Private -An enclosed (on at least three (3) sides) accessory building, or
a part of a main building, used for storage of automobiles and used solely by the
occupants and their guests. Also called "enclosed parking space."
Gas Pumps - Any facility, equipment, or fixture, including a canopy, used for
retail dispensing of motor vehicle fuels.
General Manufacturing/industrial Use Complying with Performance
Standards - Manufacturing of finished products and component products or
parts through the processing of materials or substances, including basic
industrial processing. Such operations shall be determined by Health, Fire, and
Building officials not to be a hazard or nuisance to adjacent property or the
community at large, due to the possible emission of excessive smoke, noise,
gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.
Ordinance No.15-74,Page 46
Glare - Direct light emitted from a light source, which is sufficient to cause
annoyance, discomfort, or temporary loss of visual performance and visibility.
Golf Course and/or Country Club - A land area and buildings used for golf,
including fairways, greens, tee boxes, driving range, putting green, and
associated maintenance and retail facilities. This definition shall also include
clubhouses, dining rooms, swimming pools, tennis courts, and similar
recreational or service uses available only to members and their guests.
Governmental Office - A building used for the provision of governmental
executive, management, administrative, and/or postal services. Governmental
offices include those facilities owned and/or operated by city, special district,
county, state, and federal agencies.
Green Belt -An open space that may be of irregular form that may include trees
typically found along a natural or manmade feature such as a creek, flood plain,
escarpment, right-of-way, or park.
Guest House - An accessory dwelling unit, detached from the main building on
the lot, used to house family and/or guests of the owner(s) of the main residential
structure, and which is never rented or offered for rent.
Gymnastics/Dance Studio - A building or portion of a building used as a place
of work for a gymnast, dancer, or martial artist or for instructional classes in
gymnastics, dance, or martial arts.
Health/Fitness Center - A public or private facility operated to promote physical
health and fitness. Activities may include exercise, physical therapy, training,
and education pertaining to health and fitness. Uses or combinations of uses or
facilities would typically include, but are not limited to, game courts, weight lifting
and exercise equipment, aerobics, swimming pools and spas, and running or
jogging tracks.
Heavy Load Vehicle - A self-propelled vehicle having a Manufacturer's Recom-
mended Gross Vehicle Weight (GVW) of greater than eleven thousand (11,000)
pounds, such as large recreational vehicles (originally manufactured as RVs, not
converted), tractor-trailers, buses, vans, and other similar vehicles. The term
"truck" shall be construed to mean "Heavy Load Vehicle" unless specifically
stated otherwise.
Height of luminary - The height of a luminary shall be the vertical distance from
the ground directly below the centerline of the luminary to the lowest direct light
emitting part of the luminary.
Helistop - A place where helicopters can land and take off only and excluding
refueling, maintenance, repairs, and storage of helicopters.
Homebuilder Marketing Center - A building or structure used for the marketing
and sale of lots and/or homes.
Home Occupation - An occupation, which is secondary to the primary use of a
dwelling as a residence, conducted on residential premises by the occupant of
the residence. Home occupations shall be subject to the conditions set forth in
Chapter 3, Section 1.4(5) of this Ordinance.
Hospital - An institution providing primary health services and medical or
surgical care to persons, primarily inpatients, suffering from illness, disease,
injury, deformity, and other abnormal physical or mental conditions, and
Ordinance No.15-74,Page 47
including, as an integral part of the institution, related facilities such as
laboratories, helistops, outpatient facilities, or training facilities as licensed by the
State of Texas.
Hotel, Full Service - A building or group of buildings designed for and occupied
as a temporary lodging place; where financial consideration is generally
calculated on a nightly basis; provides a restaurant offering three (3) meals a
day; provides meeting/event space; and is not classified as a limited service hotel
or a residence hotel.
Hotel, Limited Service - A building or group of buildings designed for and
occupied as a temporary lodging place; where financial consideration is generally
calculated on a nightly basis and is not classified as a full service hotel or a
residence/extended stay hotel.
Hotel, Residence/Extended Stay - A building or group of buildings designed for
and occupied as a temporary lodging which may include an extended stay and
where financial consideration is generally calculated on a nightly, weekly or
monthly basis and is not classified as a limited service hotel or a full service
hotel.
Household Care Facility -A dwelling unit which provides residence and care to
not more than nine persons, regardless of legal relationship, who are elderly;
disabled; orphaned, abandoned, abused, or neglected children; victims of
domestic violence; convalescing from illness; terminally ill; or rendered
temporarily homeless due to fire, natural disaster or financial setbacks, living
together with not more than two supervisory personnel as a single housekeeping
unit. This definition is subject to Personal Care Facility Licensing Act (Texas
Health and Safety Code, Section 247.001 et seq.) and Community Homes for
Disabled Persons Location Act (Texas Human Resources Code, Section 123.001
et seq.) as they presently exist or may be amended in the future.
Household Pet - A domesticated animal kept for pleasure rather than utility,
including, but not limited to, a dog, cat, or bird.
House of Worship - A building designed and used primarily for religious
assembly and worship and those accessory activities which are customarily
associated therewith, and the place of residence for ministers, priests, nuns,
rabbis, or other religious personnel on the premises (tax exempt as defined by
State law). This definition includes, but is not limited to, churches, temples,
synagogues, and mosques. For the purposes of this Ordinance, bible study and
other similar activities that occur in a person's primary residence shall not apply
to this definition.
Illumination Level - Average lighting intensity measured at grade (in foot-
candles).
Incandescent Light - Illumination produced by a filament, which is heated by an
electric current, including quartz and halogen lights.
Incidental Use - Any use different from the primary use but which compliments
and/or supplements the primary use, which shall not constitute more than fifteen
percent (15%) of the main use.
Indoor Gun Range -Any indoor facility open to the public and occupying all or a
portion of a building where firearms are discharged for testing or recreation
purposes.
Ordinance No.15-74,Page 48
Industrial Park - A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of individual industrial uses, with
special attention to circulation, parking, utility needs, aesthetics, and com-
patibility.
Insurance Office - A building or facility used for the sales, management, and
administration of insurance services, including the estimation of automobile
damages, but excluding on-site parking/storage of damaged vehicles.
Lamp -The component of a luminary that produces the actual light.
Landfill - A tract of land used for the burial of farm, residential, institutional,
industrial, or commercial waste that is not hazardous, medical, or radioactive.
Landscaping - Material such as, but not limited to, grass, groundcovers, shrubs,
vines, hedges, trees or palms, and non-living durable material commonly used in
landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences,
but excluding paving.
Laundromat -A facility where patrons wash, dry, or dry-clean clothing and other
fabrics in machines operated by the patron.
Light Load Vehicles - A self-propelled vehicle having a Manufacturer's Recom-
mended Gross Vehicle Weight (GVW) not greater than eleven thousand (11,000)
pounds, and having no more than two (2) axles, such as pick-up trucks, vans,
recreational vehicles (less than thirty-two feet (32') in length), campers and other
similar vehicles but not including automobiles and motorcycles.
Light Pollution - The shining of light produced by luminaries above the height of
the luminaries and into the sky.
Light Trespass - The shining of light produced by luminaries beyond the
boundaries of the property on which it is located.
Limited Assembly and Manufacturing Use Complying with Performance
Standards -The fabrication, assembly, manufacturing, and packaging of finished
products or parts, predominantly from previously prepared materials, but
excluding basic industrial processing. Such operations shall be determined by
Health, Fire, and Building officials not to be a hazard or nuisance to adjacent
property or the community at large, due to the possible emission of excessive
smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire,
explosion, or radiation.
Loading Space - An off-street space or berth used for the delivery and loading
or unloading of vehicles.
Locksmith/Security System Company - Establishments primarily engaged in
providing, installing, repairing, and/or monitoring locks and electronic security
systems.
Lot - Any plot of land occupied or intended to be occupied by one main building
and the required parking, or a group of main buildings, and accessory building
and uses, including such open spaces as are required by this Ordinance, and
other laws or ordinances, and having its principal frontage on a public street or
officially approved place.
Lot, Area - The total area, measured on a horizontal plane, included within lot
lines.
Ordinance No.15-74,Page 49
Lot, Corner - A lot which has at least two adjacent sides abutting a street,
provided that the interior angle at the intersection of such two sides is less than
one hundred thirty-five (135) degrees.
Lot, Depth -The mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage - A lot having a frontage on two (2) non-intersecting
streets, as distinguished from a corner lot.
Lot, Flag or Panhandle -A lot having access to a street by means of a parcel of
land having a depth greater than its frontage, and having a width less than the
minimum required lot width, but not less than twenty-five feet (25'). The
maximum distance of the area less than the required width from the front
property line shall be one hundred ten feet (110').
Lot, Interior -A lot other than a corner lot.
Lot, Key - A corner lot that is so designed that the lots located directly behind it
face the side street of the corner lot and are not separated by an alley.
Lot Frontage - That dimension of a lot or portion of a lot abutting on a street,
excluding the side dimension of a corner lot.
Lot Line, Front - The narrower side of the lot abutting a street. Where two lot
lines abutting streets are of equal length, the owner shall have a choice in
designating which shall be the lot frontage. For a lot which has a boundary line
which does not abut the front street line, is not a rear lot line and lies along the
same general directional orientation as the front and rear lot lines, said line shall
be considered a front lot line in establishing minimum setback lines.
Lot Line, Rear - The lot line farthest from and most parallel to the front lot line.
For triangular lots, the point opposite the front lot line shall be considered the rear
lot line.
Lot Line, Side -Any lot line not the front or rear lot line.
Lot Lines or Property Lines -The lines bounding a lot as defined herein.
Lot of Record - A lot which is part of a subdivision, the plat of which has been
recorded in the office of the County Clerk of Collin or Denton County or a lot
subdivided by metes and bounds description prior to October 1984.
Lot Width - The horizontal distance measured between side lot lines parallel to
the front lot line, and measured from the point on the building line that is closest
to the front lot line.
Lumen - Unit used to express the light output of a lamp or fixture.
Luminary -A complete lighting unit consisting of a light source and all necessary
mechanical, electrical and decorative parts.
Luminous Tube Lighting - Gas-filled tubing which, when subjected to high
voltage, becomes luminescent in a color characteristic of the particular gas used
(e.g., neon or argon).
Machine Shop - A workshop where metal fabrication tools, including, but not
limited to, lathes, presses, and mills, are used for making, finishing, or repairing
machines or machine parts.
Ordinance No.15-74,Page 50
Major Thoroughfare - A dedicated street or highway route designated as a
Thoroughfare by the Thoroughfare Plan map of the Comprehensive Plan.
Manufactured Home - A structure constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing and Urban
Development (HUD), transportable in one or more sections, which, in the
traveling mode, is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred and twenty (320) or
more square feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air-conditioning, and
electrical systems with the appropriate label. The term does not include a
recreational vehicle. (or under the Texas Manufactured Housing Standards Act,
Chapter 1201, Texas Occupations Code, as amended).
Masonry Construction - Unless otherwise provided for in this Ordinance,
Masonry Construction constitutes clay fired brick, natural and manufactured
stone, granite, marble, stucco, and architectural concrete block as exterior
construction materials for all structures. Other exterior construction materials for
non-residential structures are tilt wall concrete panels, sealed and painted split
faced concrete block, and high impact exterior insulation and finish systems
(EIFS). High impact EIFS is only permitted when installed a minimum of nine
feet (9') above grade at the base of the wall on which it is installed.
Massage Therapy, Licensed -Any place of business in which massage therapy
is practiced by a massage therapist, as defined and licensed by State law.
"Massage therapy," as a health care service, means the manipulation of soft
tissue for therapeutic purposes. The term includes, but is not limited to,
effleurage (stroking), petrissage (kneading), tapotement (percussion),
compression, vibration, friction, nerve strokes, and Swedish gymnastics, either
by hand or with mechanical or electrical apparatus for the purpose of body
message. Massage therapy may include the use of oil, salt glows, heat lamps,
hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage
therapy" are massage, therapeutic massage. Massage and "therapeutic" do not
include diagnosis, the treatment of illness or disease, or any service or procedure
for which a license to practice medicine, chiropractic, physical therapy, or
podiatry is required by law.
Massage Therapy, Unlicensed - Any place of business in which massage
therapy is practiced by an unlicensed massage therapist. Massage therapy, as
a health care service, means the manipulation of soft tissue for therapeutic
purposes. The term includes, but is not limited to, effleurage (stroking),
petrissage (kneading), tapotement (percussion), compression, vibration, friction,
nerve strokes, and Swedish gymnastics, either by hand or with mechanical or
electrical apparatus for the purpose of body message. Massage therapy may
include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or
cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic
massage. Massage and "therapeutic" do not include diagnosis, the treatment of
illness or disease, or any service or procedure for which a license to practice
medicine, chiropractic, physical therapy, or podiatry is required by law.
Meeting/Banquet/Reception Facility - A building which is rented, leased or
otherwise made available to any person or group for a private event function that
is not open to the general public, whether or not a fee is charged.
Ordinance No.15-74,Page 51
Mineral Extraction - The process of extracting sand, gravel, stone, petroleum,
gas, or other minerals/natural resources from the earth. This definition does not
include drilling wells for water.
Mini-Warehouse/Public Storage - A building(s) containing separate, individual
self-storage units for rent or lease. The conduct of sales, business, or any
activity other than storage shall be prohibited within any individual storage unit.
Miscellaneous Hazardous Industrial Use - Any industrial use not specifically
defined in this section that is determined by Health, Fire, or Building officials to
be a hazard or nuisance to adjacent property or the community at large, due to
the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or
vibration, or the danger of fire, explosion, or radiation.
Mobile Food Vendor -Any person or persons who operates or sells food from a
stationary cart or trailer mounted on chassis, but without an engine for period of
15 days or greater per year. Mobile food vendors who operate for 14 days or
less shall be considered temporary food establishments, as defined by the Town
of Prosper Health Ordinance as it exists or may be amended.
Mobile Home - A structure that was constructed before June 15, 1976,
transportable in one or more section, which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length, or, when
erected on site, is three hundred and twenty (320) or more square feet, and
which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems. (or under
the Texas Manufactured Housing Standards Act, Chapter 1201, Texas
Occupations Code, as amended).
Model Home - A single-family dwelling in a developing subdivision located on a
legal lot of record that is limited to temporary use as a sales office for the
subdivision and to provide an example of the dwellings which have been built or
which are proposed to be built in the same subdivision.
Modular Home (or Industrialized Housing) - "Modular home" means a
structure or building module as defined, under the jurisdiction and control of the
Texas Department of Licensing and Regulation and that is installed and used as
a residence by a consumer, transportable in one or more sections on a
temporary chassis or other conveyance device, and designed to be used on a
permanent foundation system. The term includes the plumbing, heating, air-
conditioning, and electrical systems contained in the structure. The term does
not include a mobile home as defined in the Texas Manufactured Housing
Standards Act (Chapter 1201, Texas Occupations Code, as amended); nor does
it include building modules incorporating concrete or masonry as the primary
structural component.
Motorcycle - A usually two (2) wheeled self-propelled vehicle having one (1) or
two (2) saddles or seats, and which may have a sidecar attached. For purposes
of this Ordinance, motorbikes, motor scooters, mopeds, and similar vehicles are
classified as motorcycles.
Motorcycle Sales/Service - The display, sale, repair, and servicing of new or
used motorcycles.
Ordinance No.15-74,Page 52
Motor Vehicle - Any vehicle designed to carry one or more persons, which is
propelled or drawn by mechanical or electrical power, such as automobiles,
trucks, motorcycles, and buses.
Multifamily Dwelling -Attached dwelling units designed to be occupied by three
or more families living independently of one another, exclusive of Full Service
Hotels, Limited Service Hotels, or Residence/Extended Stay Hotels.
Municipal Uses Operated by the Town of Prosper - Any area, land, building,
structure, and/or facility owned, used, leased, or operated by the Town of
Prosper, Texas, including, but not limited to, administrative office, maintenance
facility, fire station, library, sewage treatment plant, police station, water tower,
service center, park, heliport, helistop, and golf course.
Museum/Art Gallery - A building serving as a repository for a collection of
natural, scientific, artistic, or literary objects of interest, and designed to be used
for viewing, with or without an admission charge, and which may include as an
accessory use the sale of goods.
Net Acre - The area within the platted limits of a lot. For the purpose of
calculating residential density, Net Acreage shall not include the following:
• Right-of-way dedicated for major thoroughfares.
• Required parkland dedication.
• Detention.
• Land used for non-residential purposes.
For the purpose of calculating residential density, Net Acreage may include the
following:
• Non-reclaimed floodplain.
• Private open space.
• Park dedication in excess of minimum park dedication requirements.
• Detention ponds that contain a constant water level, are landscaped, or
otherwise treated as an amenity for the development, as determined by
the Director of Planning or his/her designee
Nonconforming Use - A building, structure, or use of land lawfully occupied at
the time of the effective date of this Ordinance or amendments thereto, but which
does not conform to the use regulations of the district in which it is situated.
Non-Residential Property - Property zoned or used for other than residential
purposes.
Nursery, Major - An establishment for the cultivation and propagation, display,
storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other
materials used in indoor or outdoor plantings; and the contracting for installation
and/or maintenance of landscape material as an accessory use. Outdoor display
and storage is permitted.
Nursery, Minor - A retail business for the display and/or sale of trees, shrubs,
flowers, ornamental plants, seeds, garden and lawn supplies, and other materials
used in indoor and outdoor planting, without outside storage or display.
Occupancy - The use or intended use of the land or buildings by proprietors or
tenants.
Ordinance No.15-74,Page 53
Office and Storage Area for Public/Private Utility - The pole yard,
maintenance yard, or administrative office of public or private utilities.
Office Center - A building or complex of buildings used primarily for conducting
the affairs of a business, profession, service, industry or government, or like
activity, which may include ancillary services for office workers such as a coffee
shop, newspaper or candy stand.
Office/Showroom -A building that primarily consists of sales offices and sample
display areas for products and/or services delivered or performed off-premises.
Catalog and telephone sales facilities are appropriate. Incidental retail sales of
products associated with the primary products and/or services are permitted.
Warehousing facilities shall not exceed fifty percent (50%) of the total floor area.
This designation does not include contractor's shop and storage yard.
Office/Warehouse/Distribution Center - A building primarily devoted to
storage, warehousing, and distribution of goods, merchandise, supplies, and
equipment. Accessory uses may include retail and wholesale sales areas, sales
offices, and display areas for products sold and distributed from the storage and
warehousing areas.
Officially Approved Place of Access -Access, other than a dedicated street, to
a property that is approved by the Town.
Off-Street- Off the right of way of a public street or place.
Open Storage - The outside storage or exhibition of goods, materials,
merchandise, or equipment on a lot or tract. Open storage must meet the
requirements in Chapter 4, Section 5.2(D, E).
Ordinance -The Zoning Ordinance of the Town, as it exists or may be amended.
The term "ordinance," not capitalized, refers to any other ordinance of the Town.
Outdoor Lighting - The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
Outside Merchandise Display, Incidental - The unenclosed display of
commodities, materials, goods, inventory or equipment readily accessible to the
public for retail sales in conjunction with a primary enclosed use.
Outdoor Merchandise Display, Temporary - The temporary display of
merchandise such as a sidewalk sale subject to Conditional Development
Standards.
Outdoor Storage, Incidental - The unenclosed storage of commodities,
materials, goods, or equipment in conjunction with a primary enclosed use and
typically located in an area not readily accessible to the public.
Parking Lot-An off-street, ground level area, usually surfaced and improved, for
the temporary storage of motor vehicles.
Parking Space -An area designated for the parking of a vehicle.
Park or Playground - An area developed for active play and recreation that
includes, but is not limited to, open space, sports courts, play equipment, and
trails.
Pawn Shop - An establishment where money is loaned on the security of
personal property pledged in the keeping of the owners (pawnbroker).
Ordinance No.15-74,Page 54
Permitted Use - Any use allowed in a zoning district and subject to the
restrictions applicable to that zoning district.
Pet Day Care - A commercial institution or place designed for the care of no
more than one (1) household pet per one hundred (100) square feet of gross
floor area.
Photometric Plan - A point-by-point plan depicting the intensity and location of
lighting on the property.
Planned Development District - Planned associations of uses developed as
integral land use units such as industrial parks or industrial districts, offices,
commercial or service centers, shopping centers, residential developments of
multiple or mixed housing, including attached single-family dwellings or any ap-
propriate combination of uses which may be planned, developed or operated or
integral land use units either by a single owner or a combination of owners.
Planning & Zoning Commission - A board, appointed by the Town Council as
an advisory body, authorized to recommend changes in the zoning and other
planning functions as delegated by the Town Council. Also referred to as the
"P&T" or the "Commission." In the event that a Commission is not appointed, the
Town Council shall perform the duties and responsibilities assigned to the
Commission by this Ordinance.
Plat - A plan of a subdivision of land creating building lots or tracts and showing
all essential dimensions and other information essential to comply with the
subdivision standards of the Town of Prosper and subject to approval by the
Planning & Zoning Commission and filed in the plat records of either Collin or
Denton County. The plat must be prepared by a Public Surveyor registered in
the State of Texas.
Plot -A single unit or parcel of land or a parcel of land that can be identified and
referenced to a recorded plat or map.
Portable Building Sales - An establishment that displays and sells structures
which are capable of being carried and transported to another location, not
including mobile homes.
Premises - Land together with any buildings or structures situated thereon.
Primary Use -The principal or predominant use of any tract, lot, or building.
Print Shop (Major) - An establishment specializing in long-run printing
operations including, but not limited to, book, magazine, and newspaper
publishing using engraving, die cutting, lithography, and thermography
processes.
Print Shop (Minor) - An establishment specializing in short-run operations to
produce newsletters, flyers, resumes, maps, construction documents and plans,
and similar materials using photocopying, duplicating, and blue printing
processes. This definition shall include mailing and shipping services, but
exclude the on-site storage of heavy load fleet vehicles.
Private Club - An establishment holding a Private Club permit under Chapter 32
or 33 of the Texas Alcoholic Beverage Code, as amended, that derives thirty-five
percent (35%) or more of its gross revenue from the sale or service of Alcoholic
Beverages for on-premise consumption and that is located within a dry area as
defined in Title 6 (Local Option Elections) of the Texas Alcoholic Beverage Code,
Ordinance No.15-74,Page 55
as amended. Private Club does not include a fraternal or veteran's organization,
as defined in the Texas Alcoholic Beverage Code, as amended, holding a Private
Club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code. A
Private Club does not include the holder of a food and beverage certificate, as
defined in the Texas Alcoholic Beverage Code, as amended. Unless the person
owning or operating the use supplies the building official with records to prove
otherwise, an establishment holding a Private Club permit under Chapter 32 or
33 of the Texas Alcoholic Beverage Code, as amended, is presumed to derive
thirty-five percent (35%) or more of its gross revenue from the sale or service of
Alcoholic Beverages for on-premise consumption.
Private Recreation Center - A recreational facility, including, but not limited to,
clubhouse, swimming pool, playground, and open space, operated for the
exclusive use of private residents or neighborhood groups and their guests, and
not the general public.
Private Street Development -A development of two or more lots sharing private
gated vehicular access ways that are not dedicated to the public and are not
publicly maintained. Private streets and alleys may be established only under
the terms of the Subdivision Ordinance. The term "Private Street" shall be
inclusive of alleys.
Private Utility (other than listed) - A non-public utility requiring special facilities
in residential areas or on public property such as electricity, natural gas, or
telecommunications not customarily provided by the municipality or public
utilities. All radiating equipment must comply with current Federal
Communications Commission (FCC), Environmental Protection Agency (EPA),
Occupational Health and Safety Administration (OSHA), and all other applicable
State and Federal regulatory agency requirements and guidelines for human
safety.
Property Line — When the property line is the initial point of establishing
measurement requirements for the sale of any type of Alcoholic Beverage,
"Property Line" shall mean the nearest property line of the lot where the sale of
any type of Alcoholic Beverage may occur, without regard to intervening
structures or objects, to the nearest property line of the lot where the church,
public hospital, public school, private school and/or residential zoning district, as
applicable, is located.
Protected Area - The 100-year floodplain plus the area within three hundred feet
(300') of the 100-year floodplain.
Protected Residential Property - Any property within the Town that meets one
of the following requirements:
• The property is zoned a residential district as defined within the Zoning
Ordinance or zoned a planned development for residential uses;
• The property is designated on the Comprehensive Plan as any type of
residential; or
• The property is used or subdivided for use as residential.
Railroad Track and Right-Of-Way - The right-of-way and track used by a
railroad, but not including railroad stations, sidings, team tracks, loading facilities,
dockyards, or maintenance areas.
Ordinance No.15-74,Page 56
Recreational Vehicle (RV) - A portable or mobile living unit used for temporary
human occupancy away from the place of permanent residence of the occupants
and self-propelled (motorized). Also see Heavy Load Vehicle.
Recreational Vehicle/Truck Parking Lot or Garage - An area or structure
designed for the short or long-term parking or storage of recreational vehicles,
boats, or heavy load vehicles.
Recreational Vehicle Sales and Service, New/Used - Sales and/or leasing of
new and/or used recreational vehicles or boats, including, as an accessory use,
repair work of recreational vehicles and boats.
Recycling Center - A facility that is not a junkyard and in which recoverable
resources, such as newspapers, glassware, and metal cans are collected,
stored, flattened, crushed, or bundled, essentially by hand within a completely
enclosed building.
Recycling Plant - A facility that is not a junkyard and in which recoverable
resources, such as newspapers, magazines, books, and other paper products;
glass; metal cans; and other products, are recycled, reprocessed, and treated to
return such products to a condition in which they may again be used for
production.
Redevelopment - Any manmade change or alteration to a design and/or layout
of an existing Development(s) including repair, expansion and/or removal and
replacement of existing building and/or structure, paving drainage, utilities,
storage and/or agricultural uses.
Rehabilitation Care Facility -A dwelling unit which provides residence and care
to not more than nine (9) persons regardless of legal relationship who have
demonstrated a tendency towards alcoholism, drug abuse, mental illness, or
antisocial or criminal conduct living together with not more than two supervisory
personnel as a single housekeeping unit.
Rehabilitation Care Institution - A facility which provides residence and care to
ten (10) or more persons, regardless of legal relationship, who have
demonstrated a tendency toward alcoholism, drug abuse, mental illness, or
antisocial or criminal conduct together with supervisory personnel.
Repair Service, Indoor - The maintenance and repair of electronics, appliances
and fixtures customarily used in a home or office. The term does not include any
type of repair to engines or other motorized equipment or vehicles.
Research and Development Center - A facility that includes laboratories and
experimental equipment for medical testing, prototype design and development,
and product testing. Any facility that is determined by Health, Fire, or Building
officials to be a hazard or nuisance to adjacent property or the community at
large, due to the possible emission of excessive smoke, noise, gas, fumes, dust,
odor, or vibration, or the danger of fire, explosion, or radiation is not to be
included in this category.
Residence - Any building or portion thereof, which is designed or used as living
quarters for one or more families, but not including mobile homes.
Residential District- District where the primary purpose is residential use.
Residential Property -Any property that is either zoned for or designated on the
Future Land Use Plan for residential uses.
Ordinance No.15-74,Page 57
Restaurant - An establishment where food and drink are prepared and
consumed primarily on the premises. Drive-up windows are permitted.
Restaurant, Drive-In - An eating establishment where primarily food or drink is
served to customers in motor vehicles or where facilities are provided on the
premises which encourage the serving and consumption of food in automobiles
on or near the restaurant premises.
Retail/Service Incidental - Any use different from the primary use but which
compliments and/or supplements the primary use. Said use shall be operated for
the benefit or convenience of the employees, visitors, or customers of the
primary use. Incidental shall mean a floor area that constitutes not more than
fifteen percent (15%) of the main use.
Retail Stores and Shops - An establishment engaged in the selling of goods
and merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods. Retail stores and
shops include, but are not limited to, art and craft store, retail bakery, bookstore,
boot and shoe sales, ceramics store, clothing and apparel store, computer store,
department store, fabric store, florist, grocery store, food market, hobby or toy
store, leather store, meat market, medical supply store, music instrument sales,
novelty or gift shop, optical store, pet shop, drugstore or pharmacy, sporting
goods (including the sale of firearms) store, trophy sales, television store, and
used clothing store.
Retirement Housing -A building or group or buildings consisting of attached or
detached dwelling units designed for the housing of age-restricted residents. In
addition to housing, this type of facility may provide services to its residents such
as meals in a central dining room, housekeeping, transportation and activity
rooms. The facility shall not be licensed as an assisted living center or a skilled
nursing home.
Room - A building or portion of a building that is arranged, occupied, or intended
to be occupied as living or sleeping quarters but not including toilet or cooking
facilities.
Salvage Yard - Any lot upon which two or more motor vehicles of any kind,
which are incapable of being operated due to condition or lack of license, have
been placed for the purpose of obtaining parts for recycling or resale.
Satellite Dish Antenna - An oval or round, parabolic apparatus capable of
receiving communications from a transmitter relay located in planetary orbit.
Usable satellite signals shall mean satellite signals, from the major
communication satellites that, when viewed on a conventional television set, are
at least equal in picture quality to those received from local commercial television
stations or by way of cable television.
School District Bus Yard - Any premises owned and/or operated by an
independent school district, or designee, used for the parking and storage of
motor-driven buses.
School, Private or Parochial - A school operated by a private or religious
agency or corporation other than an independent school district, having a
curriculum generally equivalent to a public elementary or secondary school.
School, Public - A school operated by an independent school district and
providing elementary or secondary curriculum.
Ordinance No.15-74,Page 58
Setback - See definition for Building Line.
Servant's Quarters - An accessory dwelling in a residential district for the sole
use and occupancy of a member of the immediate family or a person or persons
employed on the premises by the occupant on a full time basis as domestic help,
such as a maid, yard man, chauffeur, cook or gardener, but not involving the
rental of such facilities or the use of separate utility connections.
Sewage Treatment Plant/Pumping Station - A facility owned and/or operated
by a private entity that is designed for the collection, removal, treatment, and/or
disposal of water borne sewage.
Sexually Oriented Uses - An adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, sexual encounter center, or other use that
distributes, displays, or manufactures sexually oriented materials. Sexually
Oriented Uses are subject to the requirements of Prosper Ordinance No. 89-2 as
it exists or may be amended.
Shopping Center - A group of primarily retail and service commercial
establishments planned, constructed and managed as a total entity with
customer and employee parking provided on-site, provision for goods delivery
separated from customer access, provision of aesthetically appropriate design
and protection from the elements.
Single-Family Residence, Detached - A dwelling designed and constructed for
occupancy by one (1) family and having no physical connection to a building
located on any other separate lot or tract.
Small Engine Repair Shop - A shop for the repair of lawnmowers, chainsaws,
lawn equipment, and other small engine equipment and machinery.
Stable, Commercial - A stable used for the rental of stall space for horses
and/or mules or for the sale or rental of horses and/or mules.
Standard Masonry Construction - Having at least seventy five percent (75%) of
the exterior walls of a building constructed of brick, stone or other Masonry
Construction.
Story - That portion of a building, other than a basement, included between the
surface of any floor and the surface of the floor next above it, or, if there be no
floor above it, then the space between the floor and the ceiling next above it.
The average height for a story shall be defined as twelve feet (12'). Multiple
stories, or portions thereof, shall be a result of the number of stories and story
height of twelve feet (12'). The definition of a story does not include parapets,
gables, and other normal roof structures.
Story, Half- A single room within a dwelling unit above the second floor. A half-
story will occupy no less than two-thirds (2/3) of the area under the roof, and
shall have non-operating opaque windows for facades that face adjacent
properties. Transparent windows may face the front yard. A half story containing
independent apartment, living quarters, or bedroom shall be counted as a full
story.
Street - Any dedicated public thoroughfare that affords the principal means of
access to abutting property.
Ordinance No.15-74,Page 59
Street, Intersection -Any street that joins another street at an angle, whether or
not it crosses the other.
Structural Alterations - Any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls.
Structure - Anything that is built or constructed, an edifice or building of any
kind, or a piece of work artificially built up or composed of parts joined together in
some definite manner.
Storage or Wholesale Warehouse -A building used primarily for the storage of
goods and materials.
Studio Dwelling — An accessory residence that is located in the same structure
as, typically above, a commercial or office use in the Downtown Office or
Downtown Commercial Districts. The minimum floor area for a studio residence
shall be six-hundred fifty (650) square feet. Each individual office or commercial
use may have one (1) accessory studio dwelling.
Taxidermist - An establishment whose principle business is the practice of
preparing, stuffing, and mounting the skins of dead animals for exhibition in a
lifelike state.
Telephone Exchange - A central switching hub servicing the public at large in
which telephone lines are connected to permit communication.
Temporary Building - An industrialized or modular building or structure without
a permanent foundation. Membrane structures shall not be considered a
temporary building. Temporary Buildings may be used by a house of worship
(church), public school (kindergarten (K) through twelfth (12th) grade), or
government building for a period no greater than three (3) years, subject to
approval by the Building Official. Additional one (1) year extension(s), thereafter,
may be approved by the Planning & Zoning Commission. Appeals for
determinations made by the Building Official or Planning & Zoning Commission
may be forwarded to Town Council for consideration. See Chapter 3, Section
1.4(7) Temporary Building.
Temporary Outdoor Lighting - The specific illumination of an outside area or
object by any man-made device located outdoors that produces light by any
means for a period of less than four (4) days with at least one-hundred and
eighty (180) days passing before being used again.
Theater, Drive-In - An open lot devoted to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated in motor
vehicles.
Theater, Neighborhood -A building or part of a building devoted to the showing
of motion pictures or for dramatic, musical, or live performances, with a maximum
of ten (10) screens, stages, or combination thereof or a combined seating
capacity of two thousand five hundred (2,500) or less.
Theater, Regional -A building or portion of a building used primarily for showing
motion pictures or for dramatic, musical, or live performance having more than
ten (10) screens, stages, or combination thereof or a combined seating capacity
greater than two thousand five hundred (2,500).
Town - References to the "Town" shall mean the Town of Prosper.
Ordinance No.15-74,Page 60
Town Council - The governing body of the Town of Prosper, Texas.
Townhome (Single Family Dwelling, Attached) - A structure containing three
to eight dwelling units with each unit designed for occupancy by one family and
each unit attached to another by a common wall.
Tract - An area, parcel, site, piece of land, or property that is the subject of a
zoning or development application.
Trailer, Hauling - A vehicle to be pulled behind a motor vehicle that is designed
for hauling animals, produce, goods or commodities, including boats.
Trailer/Mobile Home Display and Sales - The offering for sale, storage, or
display of trailers or mobile homes on a parcel of land but excluding the use of
such facilities as dwellings either on a temporary or permanent basis.
Trailer Rental - The display and offering for rent of trailers designed to be towed
by light load vehicles.
Trailer, Travel or Camping - A portable or mobile living unit designed to be
towed behind another vehicle and used for temporary human occupancy. A
Travel or Camping Trailer shall not serve as the principal place of residence of
the occupants.
Transit Center - Any premises, including bus stations, for the loading and
unloading of passengers and the temporary parking of transit vehicles between
routes or during stopovers and excluding overnight parking and storage of transit
vehicles.
Tree - Any self-supporting woody perennial plant which has one well defined
trunk diameter of four and one-half inches (41/2") or more in diameter when
measured at a point four and one-half feet (4'/2') above the natural ground level
and which normally attains a height of at least twelve feet (12') at maturity.
Tree Permit - An official document or certificate issued by the Town of Prosper
authorizing the removal of a tree in accordance with Chapter 4, Section 3 of this
Ordinance.
Tree, Protected - A tree that is determined to be healthy by the Director of
Planning, or his/her designee, and meets one of the following requirements:
• Any tree, regardless of species, six inches (6") or larger in diameter when
measured at a point four and one-half feet (4'h') above the ground level and
which normally attains a height of at least twelve feet (12') at maturity, and
located within a 100-year floodplain.
• Any tree, except those species listed below, eight inches (8") or larger in
diameter when measured at a point four and one-half feet (4'/2') above the
ground level and which normally attains a height of at least twelve feet (12')
at maturity, and located within three hundred feet (300') of a 100-year
floodplain.
• A tree(s) twenty (20) caliper inches and larger, except those species listed
below.
• A Stand of Trees, except those species listed below.
The following trees shall not be included in the above definition of Protected
Trees:
Ordinance No.15-74,Page 61
Silver Leaf Maple Acer saccharinum
Hackberry, Texas Sugarberry Celtis laevigata
Honey Locust Gleditsia triacanthos
Bois d' Arc Maclura pomifera
Mimosa Mimosa sp.
Mulberry Morus rubra
White Poplar Poplus alba
Cottonwood Populus deltoides
Mesquite Prosopis glandulosa
Willow Willow sp.
Tree, Replacement or Transplanted - Any tree that is listed under Chapter 4,
Section 3 of this Ordinance, as it exists or may be amended, and/or utilized for
mitigation of Protected Trees that have been, or are required to be, removed and
replaced or transplanted under the requirements of this Ordinance. A
replacement tree is one that has been planted to mitigate the removal of a tree
from the property. A transplanted tree is one that exists on the property and is
relocated within the property. A tree must have a minimum size of three (3)
inches when measured at a point twelve inches (12") above the natural ground
level and will normally attain a height of at least twelve feet (12') at maturity to be
considered a replacement or transplanted tree.
Trees, Stand of - A group of six (6) or more protected trees that have a
combined caliper measurement of forty-eight inches (48 ) or greater and each
tree is within twenty (20) linear feet of another tree within the group. The
distance measurement shall occur at natural grade from edge of trunk to edge of
trunk.
Truck - A light or heavy load vehicle (see definitions for Light and Heavy Load
Vehicle).
Truck/Bus Repair - An establishment providing major and minor repair services
to panel trucks, vans, trailers, recreational vehicles, or buses.
Truck Sales, Heavy Trucks - The display, storage, sale, leasing, or rental of
new or used panel trucks, vans, trailers, recreational vehicles, or buses in
operable condition.
Truck Terminal - An area and building where cargo is stored and where trucks,
including tractors and trailer units, load and unload cargo on a regular basis,
including facilities for the temporary storage of loads prior to shipment.
Two Family Residence - A detached dwelling designed with a common vertical
wall between units and to be occupied by two (2) families living independently of
each other.
Units per Acre -A measurement of residential density, the number of residential
living units permitted to be developed on a Net Acre of land.
Usable Open Space - An area or recreational facility that is designed and
intended to be used for outdoor living and/or recreation. An area of common
usable open space shall have a slope not exceeding ten percent (10%); shall
have no dimension of less than fifteen feet (15'); and may include recreational
facilities, water features, required perimeter landscape areas, flood plain areas
and decorative objects such as art work or fountains. Usable open space shall
not include: required sidewalks, rooftops, accessory buildings, except those
Ordinance No.15-74,Page 62
portions or any building designed specifically for recreational purposes, parking
areas, landscaped parking requirements, driveways, turn-rounds or the right-of-
way or easement for streets or alleys.
Utility Distribution/Transmission Facility - Facilities, including subsidiary
stations, which serve to distribute, meter, transmit, transform, or reduce the
pressure of gas, water, or electric current.
Variance - An adjustment in the application of the specific regulations of the
Zoning Ordinance to a particular parcel of property which, because of special
conditions or circumstances of hardship peculiar to the particular parcel, is
necessary to prevent the property from being deprived of rights and privileges
enjoyed by other parcels in the same vicinity and zoning district. Only the Board
of Adjustment of the Town of Prosper can grant a variance, in accordance with
the Chapter 211 of the Texas Local Government Code, as amended.
Veterinarian Clinic and/or Kennel, Indoor - An establishment, not including
outside pens, where animals and pets are admitted for examination and medical
treatment, or where domesticated animals are housed, groomed, bred, boarded,
trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor - An establishment with outdoor
pens, where animals and pets are admitted for examination and medical
treatment, or where domesticated animals are housed, groomed, bred, boarded,
trained, or sold for commercial purposes,
Water Treatment Plant - A facility owned and/or operated by a private entity that
is used to alter the physical, chemical, or biological quality of water.
Wind Energy System — A wind energy conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics, which has a
rated capacity of not more than 10kW and is intended to reduce on-site
consumption of electricity.
Winery - A manufacturing facility designed to place wine into a bottle or other
container for wholesale and limited retail distribution. A winery is subject to
compliance with the Texas Alcoholic Beverage Code, as it exists or may be
amended, and permitting by the Texas Alcoholic Beverage Commission.
Yard - An open space at grade between a building and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the ground
upward, except where otherwise specifically provided in this Ordinance that the
building or structure may be located in a portion of a yard required for a main
building. In measuring a yard for the purpose of determining the width of the side
yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal
distance between the lot line and the main building shall be used.
Yard, Front - A yard located in front of the front elevation of a building and
extending across a lot between the side yard lines and being the minimum
horizontal distance between the front property line and the outside wall of the
main building.
Yard, Rear - The area extending across the rear of a lot measured between the
lot lines and being the minimum horizontal distance between the rear lot line and
the rear of the outside wall of the main building. On both corner lots and interior
lots, the rear yard shall in all cases be at the opposite end of the lot from the front
yard.
Ordinance No.15-74,Page 63
Yard, Side -The area between the building and side line of the lot and extending
from the front lot line to the rear lot line and being the minimum horizontal
distance between a side lot line and the outside wall of the side of the main
building.
Zoning District Map - The official map upon which the boundaries of the various
Zoning Districts are drawn and which is an integral part of this Ordinance."
SECTION 26
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 27
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 28
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 29
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.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF DECEMB , 2015.
f
Ray Smith, MIay
rrdit , May r
ATTEST:
Robyn Ba le, Town Secretary
Ordinance No.15-74,Page 64
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.15-74,Page 65