Town of Prosper, TX PERMITTED USES AND DEFINITIONS

Land and buildings in each of the zoning districts may be used for any of the indicated uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered, or converted, which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located, according to article 3, § 3.1.3 and in accordance with article 1, division 3 and the provisions of this ordinance.

Legend for Schedule of Uses in § 3.1.3.

•	Use is permitted in district indicated
	Use is prohibited in district indicated
S	Use is permitted in district upon approval of a specific use permit
1	Use is permitted in the district indicated if conditional development standards or limitations in the corresponding numeric end note in article 3, § 3.1.4 are complied with

If a use is not on the Schedule of Uses, it is prohibited subject to compliance with § 3.1.2 below.

§ 3.1.2 Classification of new and unlisted uses.

It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the Town. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

The Building Official shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing, among other things, the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and recommend to the Town Council the zoning district(s), use, and classification.

The Planning and Zoning Commission shall transmit its recommendations to the Town Council as to the zoning district(s), use, and classification proposed for any new or unlisted use. The Town Council shall make such determination concerning the zoning district(s) and classification of such use as it determines appropriate.

Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process outlined in article 3, § 3.1.2(1-3) shall be followed for determination of the new standards.

§ 3.1.3 Schedule of uses.

The Schedule of Uses appears on the following charts.

Residential uses.

RESIDENTIAL USES	Residential Districts							Non-Residential Districts
RESIDENTIAL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Mobile and/or Manufactured Home							•
Model Home		•	•	•	•
Multifamily Dwelling						•
Private Street Development		1	1	1	1
Retirement Housing						S
Single Family Dwelling, Attached (Townhome)				•		•
Single Family Dwelling, Detached	•	•	•	2	2	2	2
Studio Dwelling									•		•		•
Two Family Dwelling (Duplex)			S	•	•

Accessory and incidental uses.

ACCESSORY AND INCIDENTAL USES	Residential Districts							Non-Residential Districts
ACCESSORY AND INCIDENTAL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Accessory Building (Ordinance 2020-59; adopted 9/8/2020)	•	•	•	•	•	•	•
Caretaker's/Guard's Residence								•	•	•	•	•	•	•	•	•
Construction Yard and Field Offce, Temporary	TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL							TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL
Donation or Recycling Bin (Ordinance 15-74; adopted 12/8/2015)		32	32									32		32
Gas Pumps												3		3
Guest House (Ordinance 17-43; adopted 6/13/2017)	45	45	45
Helistop (Ordinance 15-74; adopted 12/8/2015)								S				S		S	S	S
Homebuilder Marketing Center		4	4	4	4			•	•	•	•	•	•	•	•
Home Occupation	5	5	5	5	5	5	5
Mobile Food Vendor											6	6	6	6
Outdoor Merchandise Display, Incidental										S	S	S	S	S	S
Outdoor Merchandise Display, Temporary											31	31	31	31
Outside Storage, Incidental										S	S	S	S	S	S
Residential Garage Loft	46	46	46
Retail/Service Incidental Use								•	•		•	•	•	•	•	•
Temporary Building	7	7	7	7	7	7	7	7	7	7	7	7	7	7	7	7

Educational, institutinal, public and special uses.

EDUCATIONAL, INSTITUTIONAL, PUBLIC, AND SPECIAL USES	Residential Districts							Non-Residential Districts
EDUCATIONAL, INSTITUTIONAL, PUBLIC, AND SPECIAL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Airport/Heliport																S
Assisted Care or Living Facility						•	•	S		S		S		S	•	•
Athletic Stadium or Field, Private	8	8	8	8	8	8	8	S		S		S		S	S	•
Athletic Stadium or Field, Public	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
Cemetery or Mausoleum	S	S		S	S	S	S	S		S		S		S	S
Civic/Convention Center								•	•	•	•	•	•	•	•	•
College, University, Trade, or Private Boarding School								•	•		•	•	•	•	•	•
Community Center						•	•	•	•	•	•	•	•	•	•	•
Community Home	47	47	47	47	47	47	47
Farm, Ranch, Stable, Garden, or Orchard	•	•		•	•	•	•	•		•		•		•	•	•
Food Pantry	48
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority								•	•	•	•	•	•	•	•
Hospital								•	•	•	•	•	•	•	•
Household Care Facility		•	•	•	•	•	•
House of Worship	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
Municipal Uses Operated by the Town of Prosper	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
Museum/Art Gallery								•	•	•	•	•	•	•	•	•
Open Storage													48	48	48	48
Park or Playground	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
Private Recreation Center	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
Rehabilitation Care Facility	9	9	9	9	9	9	9
Rehabilitation Care Institution								S		S		S	S	S	S	S
School, Public	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
School, Private or Parochial	S	S	S	S	S	S	S	•	•	•	•	•	•	•	•

Transportation, utility, and communications uses.

TRAN SPORTATION, UTILITY, AND COMM UNICATIONS USES	Residential Districts							Non-Residential Districts
TRAN SPORTATION, UTILITY, AND COMM UNICATIONS USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Antenna and/or Antenna Support Structure, Non-Commercial	10	10	10	10	10	10	10	10	10	10	10	10	10	10	10	10
Stealth Antenna, Commercial	12	12	12	12	12	12	12	12	12	12	12	12	12	12	12	12
Bus Terminal														13	13	13
Commercial Drone Delivery Hub														51	51	51
Electric Power Generating Plant																S
Landfill																S
Office and Storage Area for Public/Private Utility														•		•
Private Utility, Other Than Listed	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•	•
School District Bus Yard	14	14	14	14	14	14	14	14		14		14		14	14	14
Sewage Treatment Plant/Pumping Station	S	S		S	S	S	S	S		S		S		S	S	S
Telephone Exchange	S	S	S	S	S	S	S	•	•	•	•	•	•	•	•	•
Transit Center														•	•	•
Utility Distribution/Transmission Facility	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Water Treatment Plant	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Wind Energy System	PROHIBITED IN ALL DISTRICTS							PROHIBITED IN ALL DISTRICTS
Wireless Communications and Support Structures	11	11	11	11	11	11	11	11	11	11	11	11	11	11	11	11

Office and professional uses.

OFFICE AND PROFESSIONAL USES	Residential Districts							Non-Residential Districts
OFFICE AND PROFESSIONAL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Administrative, Medical, or Professional Offce								•	•	•	•	•	•	•	•	•
Governmental Offce								•	•	•	•	•	•	•	•	•
Insurance Offce								•	•	•	•	•	•	•	•	•
Research and Development Center													15	15	15	15

Retail uses.

RETAIL USES	Residential Districts							Non-Residential Districts
RETAIL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Antique Shop and Used Furniture											•	•	•	•
Alcoholic Beverage Sales										16	16	16	16	16	16	16
Big Box										S	S	S	S	S	S
Building Material and Hardware Sales, Major												S	S	•		•
Building Material and Hardware Sales, Minor												•	•	•		•
Convenience Store with Gas Pumps												17		17	17
Convenience Store without Gas Pumps										•	•	•	•	•
Equipment and Machinery Sales and Rental, Major														S		•
Equipment and Machinery Sales and Rental, Minor												•	•	•
Farmer's Market											•	•	•	•
Feed Store											•	•	•	•		•
Flea Market, Inside														S
Furniture, Home Furnishings and Appliance Store											•	•	•	•
Nursery, Major														S	S
Nursery, Minor												•	•	•
Pawn Shop																•
Retail Stores and Shops											•	•	•	•

Service uses.

SERVICE USES	Residential Districts							Non-Residential Districts
SERVICE USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Alcoholic Beverage Establishment												30		30	30
Artisan's Workshop										•	•	•	•	•
Bank, Savings and Loan, or Credit Union								•	•	•	•	•	•	•	•	•
Beauty Salon/Barber Shop									•	•	•	•	•	•	•
Bed and Breakfast Inn	S	S	S					S	S	S	•	•	•	•
Body Art Studio																19
Business Service								•	•		•	•	•	•	•	•
Cabinet/Upholstery Shop													•	•	•	•
Campground or Recreational Vehicle Park	S						S
Catering									•	•	•	•	•	•
Child Care Center, Licensed	20	20	20	20	20	20	20	20	20	20	20	20	20	20	20
Child Care Center, Home	21	21	21
Child Care Center, Incidental								S	S		S		S	S	S
Commercial Amusement, Indoor								•	•		•	•	•	•	•	•
Commercial Amusement, Outdoor												S	S	S	S	S
Contractor's Shop and/or Storage Yard														•		•
Day Care Center, Adult	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Dry Cleaning, Major														•		•
Dry Cleaning, Minor								•	•	•	•	•	•	•	•	•
Fairgrounds/Exhibition Area														S	S	S
Food Truck Park											49	49	49	49
Fortune Teller/Psychic																•
Funeral Home													33	33	33	33
Furniture Restoration										•	•	•	•	•	•	•
Golf Course and/or Country Club	•	•		•	•	•	•	•		•		•		•	•	•
Gymnastics/Dance Studio									•	•	•	•	•	•	•
Health/Fitness Center								•	•	S	•	•	•	•	•	•
Hotel, Full Service											22	22	22	22	22
Hotel, Limited Service											23	23	23	23	23
Hotel, Residence/Extended Stay												24		24	24
Indoor Gun Range														S	S	•
Laundromat										•		•	•	•	•
Locksmith/Security System Company											•	•	•	•	•	•
Massage Therapy, Licensed									•		•	•	•	•	•	•
Massage Therapy, Unlicensed																S
Meeting/Banquet/Reception Facility												S	S	S	S
Pet Day Care												25	25	25	25
Print Shop, Major													•	•	•	•
Print Shop, Minor								•	•	•	•	•	•	•	•	•
Private Club												29		29	29
Repair Service, Indoor										•	•	•	•	•	•	•
Restaurant								26		26	26	26	26	26	26
Restaurant, Drive In												34	34	34	34
Sexually Oriented Uses
Small Engine Repair Shop												•	•	•	•	S
Stable, Commercial	S															•
Taxidermist														•	•	•
Theater, Drive In																•
Theater, Neighborhood											•	•	•	•	•	S
Theater, Regional														•	•
Trailer Rental														S		•
Veterinarian Clinic and/or Kennel, Indoor											•	•	•	•	•	•
Veterinarian Clinic and/or Kennel, Outdoor														S		•

Automobile and related uses.

AUTOMOBILE AND RELATED USES	Residential Districts							Non-Residential Districts
AUTOMOBILE AND RELATED USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Auto Parts Sales, Inside												•	•	•		•
Auto Parts Sales, Outside																•
Automobile Parking Lot/Garage								•	•	•	•	•	•	•	•	•
Automobile Paid Parking Lot/Garage								S				•	•	•	•	•
Automobile Repair, Major														35		35
Automobile Repair, Minor												36	36	36	36	36
Automobile Sales/Leasing, New														37	37	37
Automobile Sales, Used														38	38	38
Automobile Storage														S		•
Car Wash												27		27	27	27
Car Wash, Self-Serve														39
Motorcycle Sales/Service														40	40	40
Recreational Vehicle/Truck Parking Lot or Garage														S		•
Recreational Vehicle Sales and Service, New/Used														41		41
Salvage Yard																S
Truck/Bus Repair																42
Truck Sales, Heavy Trucks														43		43
Truck Terminal																44

Wholesale uses.

WHOLESALE USES	Residential Districts							Non-Residential Districts
WHOLESALE USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Mini-Warehouse/Public Storage														S		•
Offce/Showroom											•		•	•	•	•
Offce/Warehouse/Distribution Center													•	•	•	•
Storage or Wholesale Warehouse													•	•	•	•
Winery	28												•	•	•	•

Manufacturing and industrial uses.

MANU FACTURING AND INDUSTRIAL USES	Residential Districts							Non-Residential Districts
MANU FACTURING AND INDUSTRIAL USES	A - Agri- cultural	SF - Single Family (E - 10)	DTSF - Down- town SF	TH - Town home	2F - Two Family	MF - Multi family	MH - Mobile Home	O - Office	DTO - Down town Office	NS - Neigh- borhood Service	DTR - Down town Retail	R - Retail	DTC - Down town Commer- cial	C - Commer- cial	CC - Commer- cial Corridor	I - Industrial
Concrete/Asphalt Batching Plant, Permanent																S
Concrete/Asphalt Batching Plant, Temporary	TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL							TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL
General Manufacturing/Industrial Use Complying with Performance Standards														S	S	•
Limited Assembly and Manufacturing Use Complying with Performance Standards													S	•	•	•
Machine Shop														•	•	•
Mineral Extraction																S
Miscellaneous Hazardous Industrial Uses																S
Portable Building Sales																S
Recycling Collection Point								•		•		•	•	•	•	•
Recycling Center														S	S	•
Recycling Plant																•
Trailer/Mobile Home Display and Sales																S

(Ordinance 13-48, adopted 9/10/2013; Ordinance 15-74, adopted 12/8/2015; Ordinance 2020-59, adopted 9/8/2020; Ordinance 2022-38, § 2, adopted 7/26/2022; Ordinance 2024-44 adopted 6/11/2024)

§ 3.1.4 Conditional development standards.

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:

New Development.

Non-disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails, public pedestrian pathways, etc.);

Non-disruption to and from properties of future developments either on-site or off-site to the proposed subdivision;

No negative effect on traffic circulation on public streets;

No impairment of access to and from public facilities including schools or parks;

Adequate and timely provision of essential municipal services (emergency services, water/sewer improvements or maintenance, etc.);

Existence of natural and/or man-made boundaries around the development (creeks, floodplain, golf courses, parks); and/or

Absence of a concentration of Private Street Developments in the vicinity of the requested Private Street Development.

And any other criteria deemed appropriate by the Town Council

Conversion of existing subdivision to private streets.

Criteria would include all the issues and procedures involved with new developments;

Petition signed by 100 percent of the owners in the existing subdivision requesting approval to convert to private streets;

Formation of a property owners' association, if none exists, that would be responsible for owning and maintaining the converted streets and rights-of-way;

Replatting of existing subdivision to reflect changes; and/or

Applicant agreeing to contract with the Town for purchase of the converted infrastructure and rights-of-way from the Town.

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.

Gas Pumps.

Gas pumps shall be subject to the following development standards:

Gas Pumps are permitted only within 200 feet of the right-of-way lines of intersecting major thoroughfares. When Gas Pumps are associated with a minimum 50,000 square foot grocery store or Big Box, the gas pumps may be a distance greater than 200 feet from the right-of-way lines of intersecting major thoroughfares;

Gas Pumps are permitted at a maximum of two corners at an intersection of two major thoroughfares;

Canopies shall have pitched roofs;

Canopy support columns shall be entirely masonry encased;

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 18 inches and 24 inches tall and a minimum of four feet wide and four feet long;

Raised planters shall be landscaped with a combination of shrubs and ground cover as approved by the Director of Planning, or his/her Designee;

Landscape island(s) totaling a length equal to 50 percent of the canopy perimeter and a minimum of six feet wide shall be provided for screening and traffic flow purposes. These areas shall have a minimum of one ornamental tree per 12 linear feet or portion thereof and one five-gallon shrub per one linear foot arranged as approved by the Director of Planning, or his/her Designee;

Use shall be removed if closed for more than six months; and

The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit.

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.

Home Occupation.

A home occupation, in districts where allowed, shall meet the following standards to maintain the residential character of the neighborhood while providing opportunities for home-based businesses:

Unless specifically permitted by this division, home occupations shall be conducted entirely within the main building.

The home occupation shall be clearly incidental and secondary to the use of the premises for residential purposes.

Home occupations shall not produce any alteration or change in the exterior appearance of the residence which is inconsistent with the typical appearance of a residential dwelling.

No external evidence of the occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, or electrical disturbance beyond the property line.

No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation.

No storage of hazardous materials for business purposes shall be allowed on the premises.

The home occupation shall not have a separate entrance.

Not more than two patron-or business-related vehicles shall be present at any one time, and the proprietor shall provide adequate off-street parking for such vehicles. A business-related vehicle is one with a sign relating to the home occupation displayed on the exterior of the vehicle.

A maximum of one commercial vehicle, capacity one ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked on the street.

The home occupation shall not require regular or frequent deliveries by large delivery trucks or vehicles in excess of one and one-half tons. This shall not be construed to prohibit deliveries by commercial package delivery companies.

The home occupation shall not display advertising signs or other visual or audio devices which call attention to the business use.

Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made via the telephone, internet, or at a sales party may be filled on the premises.

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.

The home occupation shall prohibit more than one non-resident employee from regularly visiting the home for purposes related to the business.

The home occupation shall not offer a ready inventory of any commodity for sale.

The home occupation shall not accept clients or customers before 7:00 a.m. or after 10:00 p.m. This limitation on hours of operation shall not apply to allowed child care home occupations. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities.

Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way.

Uses permitted as home occupations shall include the following:

(1)

Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession;

(2)

Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises;

(3)

Author, artist, sculptor;

(4)

Dressmaker, seamstress, tailor, milliner;

(5)

Music/dance teacher, tutoring, or similar instruction, provided that no more than three pupils may be present at any one time;

(6)

Swimming lessons or water safety instruction provided that a maximum of six pupils may be present at any one time;

(7)

Home crafts, such as weaving, model making, etc.

(8)

Child Care: Licensed Child Care Home and Registered Child Care Home. Homes with seven or more children shall meet the Town's building and/or fire codes.

(9)

Community home and other residential care facility that qualifies as a community home under the Community Homes for Disabled Persons Location Act, Article 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this ordinance;

(10)

Internet based businesses; and

(11)

Food Production Operations that produce non-potentially hazardous food. Examples of non-potentially hazardous foods include; bread, rolls, biscuits, sweet breads, muffins, cakes, pastries, cookies, fruit pies, jams, jellies, dried fruit and vegetables, pickles, and dry herbs.

Uses prohibited as home occupations shall include, but are not limited to the following:

(1)

Animal hospital, commercial stable, kennel;

(2)

Hair or Nail Salon/Barbershop;

(3)

Boarding house or rooming house;

(4)

Schooling or instruction with more than five pupils;

(5)

Restaurant or the sale of on premise food/beverage consumption of any kind;

(6)

Automobile, boat, or trailer repair, small engine or motorcycle repair, large appliance repair, repair of any items with internal combustion engines, or other repairs shops;

(7)

Cabinetry, metal work, or welding shop;

(8)

Office for doctor, dentist, veterinarian, or other medical-related profession for the purpose of providing care to patients;

(9)

On-premise retail or wholesale sale of any kind, except cottage food items produced entirely on premises as indicated in Paragraph r, (11) above;

(10)

Commercial clothing laundering or cleaning;

(11)

Mortuary or funeral home;

(12)

Trailer, vehicle, tool, or equipment rental;

(13)

Antique, gift, or specialty shop;

(14)

Office or storage facility for a vehicle fleet operation; and

(15)

Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy.

Determination of a Home Occupation Use not specifically listed. The Director of Development Services, or designee, shall determine whether a proposed use not specifically listed is appropriate as a home occupation. The Director shall evaluate the proposed home occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein.

Appeal of the Director's Home Occupation Determination.

If the applicant disagrees with the determination of the Director, the applicant may appeal to the Planning and Zoning Commission.

Any home occupation that was legally in existence as of the effective date of this ordinance and that is not in full conformity with these provisions shall be deemed a legal nonconforming use.

Mobile Food Vendor.

Mobile food vendors are subject to the following regulations:

Mobile food vendors are permitted by a Specific Use Permit (SUP) in the Retail, Downtown Retail, Downtown Commercial, and Commercial zoning districts;

Mobile food vendors shall be located on private property where an existing, permanent business operates in a building with a Certificate of Occupancy;

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;

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;

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;

Mobile food vendors shall be located within 50 feet of an entrance of a primary building that holds the Certificate of Occupancy;

Mobile food vendors shall be setback a minimum of 100 feet from major thoroughfares, as designated on the Town's Thoroughfare Plan, as it exists or may be amended;

Mobile food vendors may operate only during the business hours of the primary business on the property;

The operator shall possess a Town tax certificate showed as paid;

A drive through is not permitted in conjunction with the mobile food vendor;

Mobile food vendors shall not operate in required parking spaces, driveways, fire lanes or public roads;

Sales of food from a stationary vehicle excludes catering trucks; and

Mobile food vendors are prohibited in a temporary building.

Temporary Building.

Temporary buildings are permitted by right for houses of worship, public schools (kindergarten through twelfth grade only), and government agencies (see article 3, § 3.2.2).

Temporary buildings for private enterprises are permitted by Specific Use Permit.

A permit to erect a temporary building for a house of worship may be issued for an initial period of three years.

The application for temporary building(s) shall be submitted to the Development Services Department in the form of a Preliminary Site Plan or Site Plan application with the accompanying material and exhibits:

(1)

Written report documenting the following:

capacity of the 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 enrollment, employment, and/or number of people attending the permanent building(s) at one time;

ii.

total enrollment, employment, and/or membership size;

iii.

documentation of growth records depicting the number of people in the congregation, school and/or office;

iv.

whether the facility is a start-up or new facility;

indication of alternative options that were explored before a temporary building application was considered;

vi.

acts of nature; and/or

vii.

any other evidence which is reasonably related to the immediate need for additional space;

(2)

A Preliminary Site Plan or Site Plan depicting the following:

a permanent solution to the immediate need for a new temporary building(s) showing the permanent building(s),

ii.

the temporary building(s), and

iii.

the required parking.

(3)

Where an approved Preliminary Site Plan or Site Plan is in effect on the property, the applicant may note the location of the proposed temporary building(s) on the approved plan in lieu of submitting a new plan.

The temporary building(s) shall be removed within 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.

After the initial three-year period, a request for a one-year extension of the temporary building permit for a house of worship may be granted by the Planning and Zoning Commission provided the applicant:

(1)

has an approved and valid preliminary site plan or site plan for the permanent building(s).

(2)

has a specific plan of how an additional year would allow the applicant to construct the permanent building(s) by providing:

evidence of numeric growth, beyond that which was specifically anticipated by the applicant;

ii.

membership, enrollment, and/or employment growth records;

iii.

evidence that alternative options were explored before an extension of the temporary building permit was requested; and

iv.

any other criteria reasonably deemed appropriate by the Planning and Zoning Commission.

Athletic Stadium or Field, Private.

Permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial.

Rehabilitation Care Facility.

Shall maintain a minimum separation of 1,500 feet measured linearly from property line to property line from any other Rehabilitation Care Facility.

10.

Antenna, Non-Commercial.

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 in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet 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 in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter.

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 45 feet, 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 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 above the first story.

11.

Wireless Communications and Support Structures.

Permitted by Specific Use Permit in the referenced districts subject to the following standards:

The distance of a wireless communications support structure from an adjacent property line shall be determined by the Specific Use Permit.

The height of the support structure shall be determined by the Specific Use Permit.

Additional antennas may be placed on a wireless communications support structure with an existing Specific Use Permit without approval of a separate Specific Use Permit subject to approval of a site plan as necessary for the property.

Screening of the ground-mounted equipment shall be determined by the Specific Use Permit.

Temporary Wireless Communications and Support Structures shall be subject to the above-noted conditions; however, wireless communications and support structures and related equipment used on a temporary basis in conjunction with a special event, emergency situation, or equipment failure are not required to obtain a Specific Use Permit nor subject to the above-noted requirements but shall be required to obtain any and all permits as required by the Town. In no event shall any temporary wireless communications and support structures related to a special event, emergency situation, or equipment failure be maintained for more than 60 days except with the express written approval of the Director of Development Services or designee, for any extension of time.

12.

Antenna, Stealth.

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, or athletic stadium or field.

Stealth antennas are permitted by right in the non-residential districts.

The Director of Development Services, 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 article 2, § 2.1.2.

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 foot ornamental metal fence, three inch caliper evergreen trees on 20-foot centers, and five gallon evergreen shrubs on three foot centers located within a 15 foot 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 and Zoning Commission, School District Bus Yards shall be screened using one of the following methods:

Option 1:
a)	A six-foot ornamental metal fence;
b)	Three inch caliper evergreen trees on 20 foot centers; and
c)	Five gallon evergreen shrubs on three foot centers.
Option 2:
a)	A six foot clay-fired brick wall; and
b)	Three inch caliper evergreen trees on 20 foot 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.

Alcoholic Beverage Sales shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections.

Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C, CC and I zoning districts.

Beer sales are not permitted in residential zoning districts.

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.

Alcoholic Beverage Sales shall not be located within the following:

(1)

Three hundred feet from a church, public school, private school, and/or public hospital. However, Alcoholic Beverage Sales may be located within 300 feet of a private school if minors are prohibited from entering the place of business, as required by § 1.109.53, Texas Alcoholic Beverage Code, as amended; or

(2)

One thousand feet 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 § 1.109.53, Texas Alcoholic Beverage Code, as amended; (ii) the holder of a retail off-premise consumption permit or license if less than 50 percent 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 Article 27, 31 or 72, Texas Alcoholic Beverage Code, as amended, who is operating on the premises of a private school.

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:

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

If Alcoholic Beverage Sales are located on or above the fifth 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.

In accordance with § 1.109.33, Texas Alcoholic Beverage Code, as amended, in this Paragraph 16, "private school" means a private school, including a parochial school, that:

Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and

Has more than 100 students enrolled and attending courses at a single location.

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.

17.

Convenience Store With Gas Pumps.

Convenience Stores with Gas Pumps shall be subject to the following development standards:

Permitted in the designated districts only within 200 feet of the right-of-way lines of intersecting major thoroughfares. When the Convenience Store with Gas Pumps is associated with a minimum 50,000 square foot grocery store or Big Box, the gas pumps may be a distance greater than 200 feet from the right-of-way lines of intersecting major thoroughfares;

Gas Pumps are permitted at a maximum of two corners at an intersection of two major thoroughfares;

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply;

Canopies shall have pitched roofs;

Canopy support columns shall be entirely masonry encased;

The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit; and

Use shall be removed if closed for more than six 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 1,000 feet from any other Body Art Studio, Residential Zoning District, church, Public, Private, or Parochial School, and day care.

20.

Child Care Center, Licensed.

Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Licensed Child Care in a public school. A Licensed Child Care Center not operated by a public independent school district is permitted by SUP in all districts except the Industrial District.

21.

Child Care Center, 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:

External balconies and walkways shall be set back 200 feet from any residential zoning district.

Shall provide management staff on-site 24 hours a day.

Shall provide at least four amenities from the list below:

•	Indoor/Outdoor Pool
•	Spa/Sauna
•	Weight Room/Fitness Center
•	Playground
•	Sports Court
•	Game Room
•	Jogging Trail

Shall provide a full service restaurant offering three meals a day.

Shall provide a minimum total of 10,000 square feet of meeting/event space.

No more than five percent of the total number of guest rooms shall have cooking facilities.

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 Specific Use Permit is required.

Access to guest rooms shall be restricted to exclusively to interior corridors.

External balconies and walkways shall be set back 200 feet from any residential zoning district.

Shall provide management staff on-site 24 hours a day.

Shall provide at least four amenities from the list below:

•	Indoor/Outdoor Pool
•	Spa/Sauna
•	Weight Room/Fitness Center
•	Playground
•	Sports Court
•	Game Room
•	Jogging Trail
•	Conference Room (1,000 square foot minimum)

Shall provide daily housekeeping.

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 Specific Use Permit is required.

External balconies and walkways shall be set back 200 feet from any residential zoning district.

Shall provide laundry facilities on-site for guest use.

Access to guest rooms shall be restricted exclusively to interior corridors.

Shall provide management staff on-site 24 hours a day.

Shall provide at least five amenities from the list below:

•	Indoor/Outdoor Pool
•	Spa/Sauna
•	Weight Room/Fitness Center
•	Playground
•	Sports Court
•	Game Room
•	Jogging Trail
•	Conference Room (1,000 square foot minimum)

Shall be set back a minimum of 100 feet from any residential district.

Shall maintain 15 percent 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 15 percent 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.

Shall provide daily housekeeping.

Any guest room indoor cooking facility shall not include a grill, hibachi or hotplate.

Shall provide a restaurant offering a minimum of one meal per day.

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:

Hours of operation limited to 6:00 a.m. to 8:00 p.m.

A Pet Day Care must be located a minimum of 100 feet from restaurants and food preparation establishments (property line to property line).

Overnight boarding of animals and outdoor kennels are prohibited.

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 Restaurant is permitted by Specific Use Permit in the NS Zoning District and is permitted by right in the O, DTR, R, DTC, C, and CC Zoning Districts subject.

Restaurants with a drive-through are only permitted in the R, C, and CC Zoning Districts upon approval of a Specific Use Permit. Restaurants with drive-throughs shall not be developed on adjacent lots.

Restaurants are only permitted in the O Zoning District, if the subject property is located along a roadway classified as a major or minor thoroughfare as defined by the Thoroughfare Plan.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 applies to restaurants with a drive-through.

Restaurants that sell Alcoholic Beverages for on-premises consumption shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections.

A Restaurant that sells Alcoholic Beverages for on-premises consumption shall not be located within the following:

Three hundred feet from a church, public hospital, public school and/or private school. However, Alcoholic Beverage Sales may be located within 300 feet of a private school if the holder of a license or permit holds a food and beverage certificate covering a premises that is located within 300 feet of a private school; or

One thousand feet 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-premises 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.

Measurement for the distance between a Restaurant where Alcoholic Beverages for on-premises consumption are sold and a public and/or private school shall be:

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

If the Restaurant that sells Alcoholic Beverages for on-premises consumption is located on or above the fifth 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.

If a Restaurant receives 75 percent or more of its gross revenue on a quarterly basis from the sale or service of Alcoholic Beverages for on-premises consumption, the use will no longer qualify as a Restaurant and will be classified and regulated by the Town as an Alcoholic Beverage Establishment under the Zoning Ordinance.

There shall be no variances considered with regard to the regulations set forth herein.

27.

Car Wash.

Permitted as only as an accessory use to a Convenience Store with Gas Pumps in the Commercial Corridor District.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 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 80 percent of the lot, and the winery may not exceed 20 percent 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 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.

The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in § 1.109.331, Texas Alcoholic Beverage Code, as amended.

A Private Club shall not be located within:

Eight hundred feet 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;

One thousand feet 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

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.

There shall be no variances considered with regard to the regulations set forth herein however, a variance from the distances referenced herein may be approved by the Town Council for any property annexed by the Town after May 13, 2006, and upon which a restaurant is, or is proposed to be, located. In considering a distance variance, the following shall apply:

An application shall be submitted to the Town on a form provided by the Department of Development Services.

The application shall contain all required information on the form.

The Department of Development Services shall set a date for consideration of the application by the Town Council at a public hearing.

No less than ten days before the date of consideration by the Town Council, the Director of Development Services or his or her designee shall provide notice to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property on which the distance variance is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.

In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance:

is not in the best interest of the public;

ii.

constitutes waste or inefficient use of land or other resources;

iii.

creates an undue hardship on an applicant for a private club permit;

iv.

does not serve its intended purpose;

is not effective or necessary; or

vi.

for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

The Town Council may impose reasonable conditions on the granting of a distance variance.

A variance granted pursuant to this division is valid for any subsequent renewals for the state-issued alcohol permit. A distance variance granted pursuant to this division may not be transferred to another location.

30.

Alcoholic Beverage Establishment.

Alcoholic Beverage Establishments shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections.

An Alcoholic Beverage Establishment is permitted only by specific use permit in R, C and CC zoning districts.

The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in § 1.109.331, Texas Alcoholic Beverage Code, as amended.

An Alcoholic Beverage Establishment shall not be located within:

Eight hundred feet 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;

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.

There shall be no variances considered with regard to the regulations set forth herein.

31.

Outdoor Merchandise Display, Temporary.

The outdoor display of merchandise shall be associated with the merchandise offered for sale on the same premise.

The outdoor display of merchandise shall not exceed 72 consecutive hours with a minimum of 28 days between each occurrence.

The outdoor display of merchandise shall not block or impede required accessibility.

32.

Donation or Recycling Bin.

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.

A donation or recycling bin requires approval of a Site Plan by the Planning and Zoning Commission and a permit issued by the Building Inspections Division.

The permit shall contain written authorization of the property owner.

A maximum of one donation or recycling bin shall be permitted per lot or tract.

The donation or recycling bin shall be located within 100 feet of the main structure but not located within the required front, side or rear property lines.

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.

The donation or recycling bin shall not exceed six feet, six inches in height, six feet in width and six feet in length.

The donation or recycling bin shall clearly identify the name, address and telephone number of the permittee and operator, if different from the permittee.

The permittee shall maintain the area surrounding the donation or recycling bin free of any junk, garbage, trash, debris or other refuse material.

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 24 hours of written or verbal notice from the Town.

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 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 § 4.9.11 of article 4 shall apply.

35.

Automobile Repair, Major.

A Specific Use Permit is required in the Commercial District

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

Shall not orient bay doors toward right-of-way or a single family district, unless setback a minimum of 250 feet from the right-of-way or residentially zoned property.

36.

Automobile Repair, Minor.

A Specific Use Permit is required in the R, DTC, C, CC, and I Districts.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

Shall not orient bay doors toward right-of-way or a single family district, unless setback a minimum of 250 feet from the right-of-way or residentially zoned property.

37.

Automobile Sales/Leasing, New.

A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

38.

Automobile Sales/Leasing, Used.

A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

Used vehicle sales are only permitted as an accessory use to new vehicle sales. (Used vehicle sales are not allowed in association with car rental agencies.)

39.

Car Wash, Self-Serve.

A Specific Use Permit is required in the Commercial District.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

40.

Motorcycle Sales/Service.

A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

41.

Recreational Vehicle Sales and Service, New/Used.

A Specific Use Permit is required in the Commercial District.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

42.

Truck/Bus Repair.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

43.

Truck Sales, Heavy Trucks.

A Specific Use Permit is required in the Commercial District.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

44.

Truck Terminal.

The distance requirement from any residential zoning district as established in § 4.9.11 of article 4 shall apply.

45.

Guest House.

A guest house shall be subject to the following development standards:

The guest house, if detached, shall be located on a lot or tract containing a minimum of one acre.

To be classified as an attached guest house, the second living quarters shall be integral to primary dwelling and be accessed through conditioned interior corridors. A guest house that is connected to the primary dwelling by a covered or enclosed walkway shall meet all conditions of a detached guest house.

The guest house shall be located on the same lot or tract as the existing primary dwelling.

If detached, the guest house shall be located behind the primary structure at a point no closer than ten feet from the rear wall line of the primary dwelling.

If detached, the guest house shall meet all rear yard and side yard setbacks that are required of the primary dwelling.

If detached, the height of the guest house shall not exceed the height of the primary dwelling.

If detached, a guest house shall not be finaled/approved for occupancy prior to the final/approval for occupancy of the primary dwelling.

No more than one guest house per lot or tract shall be permitted.

The guest house shall not be rented or leased or offered for rent or lease, independently of the primary dwelling.

The guest house shall not be sold separately from the sale of the entire property, including the primary dwelling.

The guest house shall be serviced by the same electric and natural gas utility meters as the primary dwelling.

The exterior building materials shall be consistent with the exterior materials of the primary dwelling.

The maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas shall not exceed 50 percent of the dwelling area of the primary dwelling. However, in no instance, shall the maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas exceed 2,000 square feet.

In no case shall the combined area of the primary dwelling, guest house and/or other accessory buildings exceed the maximum percentage of lot coverage permitted for the zoning district in which the structures are located.

46.

Residential Garage Loft.

A residential garage loft shall be subject to the following development standards:

The residential garage loft shall be located on the same lot or tract as the primary dwelling unit.

The residential garage loft shall be located above the garage and the total area of the unit shall not exceed 800 square feet.

The height of the residential garage loft shall not exceed the height of the primary dwelling.

No more than one residential garage loft per lot or tract shall be permitted.

The residential garage loft shall not be rented or leased or offered for rent or lease, independently of the primary dwelling.

The residential garage loft shall not be sold separately from the sale of the entire property, including the primary dwelling.

The residential garage loft shall be serviced by the same electric and natural gas utility meters as the primary dwelling.

The exterior building materials shall be consistent with the exterior materials of the primary dwelling.

47.

Community Home.

Community Homes are permitted in any residential zoning district but may not be located within one-half mile of an existing Community Home. That distance is to be measured in a straight line. The number of motor vehicles permitted on the site or on a public right-of-way adjacent to the site shall not exceed the number of bedrooms in the home.

48.

Open Storage.

Open Storage shall be subject to the following development standards:

It shall only contain equipment, vehicles, commodities, materials, goods, or merchandise that is sold, rented, or distributed within the inside of a building of a primary use, unless it is demonstrated to the Director of Development Services or his/her designee that such products or materials could not be located indoors.

It shall not be located within any required front, side, or rear yard setbacks.

It shall be screened from all streets and adjacent properties with the following:

A minimum six foot ornamental metal fence, not to be more than ten feet in height, with a solid living screen located in a ten foot landscape setback, containing a minimum of three inch caliper evergreen trees on 15 foot centers with a continuous row of minimum seven gallon evergreen shrubs along the exterior or interior of the fence; or

A minimum six foot masonry wall, not to be more than ten feet in height, matching the materials of the primary building with three inch caliper evergreen trees on 15 foot centers, located in a ten foot landscape setback along the interior or exterior of the wall. If landscaping is provided along the interior of the wall tree species shall provide mature canopy exceeding the height of the wall, subject to review and approval by the Parks Department

Alternative types of screening shall be reviewed by the Planning and Zoning Commission with a recommendation forwarded to Town Council.

It shall not exceed a height of one foot below the top of the solid living screen or wall screening, whichever is greater, or be visible from the property line. A Nursery, Major may store plants that exceed the height of the living screen or wall.

All gates and doors shall provide an opaque screen. The total of all openings for access may not exceed 24 feet in width.

It shall not be located within any required parking spaces, loading areas, fire lanes, vehicular maneuvering aisles, customer pick-up lanes, or on the roof of any structure.

It shall not apply to new and used sales or lease of automobiles, motorcycles, recreational vehicles, watercraft, or similar facilities as approved by the Director of Development Services or his/her designee requiring open storage.

The Planning and Zoning Commission may waive these requirements if no public purpose would be served by the construction of the required screen, or natural features (i.e. vegetation or topography) exist that sufficiently screen the open storage.

49.

Food Truck Park.

Permitted by Specific Use Permit (SUP) in the referenced districts, subject to the following standards:

Mobile food vendors may be located on public property other than public street travel lanes;

Mobile food vendors may be located on private property with the written consent of the owner, including a site plan that identifies permitted locations;

Mobile food vendors shall not operate in driveways or fire lanes;

Prior to issuance of a permit, an application shall be submitted to the Development Services Department and contain any information required by staff to evaluate the impacts including but limited to location, parking and accessibility.

50.

Food Pantry.

A food pantry shall be subject to the following development standards:

All food in storage must meet Town public health regulations.

Food must be distributed in its original packaging, except fresh produce may be distributed unpackaged.

Hours of operation must be clearly displayed on or near its entrance.

It is not allowed for money or services to be required as a condition of receiving food.

No food shall be stored on the exterior of the facility.

51.

Commercial Drone Delivery Hubs.

These regulations apply to a commercial drone delivery hub use.

Commercial Drone Delivery Hubs:

A commercial drone delivery hub is allowed with a specific use permit in the C, CC and I districts when the requirements of this section are met.

When a detached accessory building is occupied or intended to be occupied for an accessory commercial drone delivery hub, the floor area is limited to a maximum of 10% of the total floor area of the building containing the primary use.

Drone Staging Areas:

The drone staging area must be designated on an approved site plan.

The drone staging area must not be placed:

Within any required building setbacks;

ii.

Within any required landscape buffer;

iii.

Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or

iv.

So as to obstruct visibility or interfere with pedestrian or vehicle circulation.

When located at grade, any goods, materials, containers, trailers, or other equipment must be screened according to the requirements for open storage contained in this Zoning Ordinance. Landing pads are exempt from this screening requirement. The Planning and Zoning Commission may waive these requirements with approval of a site plan.

When a drone staging area is located on top of a building:

Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements of this Zoning Ordinance; and

ii.

Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the zoning district, except a single mast up to 10 feet in height for a windsock may exceed the maximum height requirement.

Antennas and antenna support structures are subject to the requirements of this Zoning Ordinance.

Proximity to Noise-Sensitive Uses:

The drone staging area for a commercial drone delivery hub shall not be located within 300 feet of any property upon which a dwelling, retirement housing facility, or public park is located. The 300-foot buffer requirement may be reduced to 150 feet if the Town Council finds that issuance of the specific use permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood.

ii.

The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a dwelling, retirement housing facility use, or public park.

Parking and Loading:

Parking is not required for an accessory commercial drone delivery hub use.

Loading spaces shall be provided for a commercial drone delivery hub pursuant to the requirements in the Zoning Ordinance for commercial, commercial corridor, and industrial uses. Loading spaces are not required for an accessory commercial drone delivery hub use.

The Planning and Zoning Commission may decrease the amount of required parking for a site by up to 10% to accommodate the drone staging area for a commercial drone delivery hub with approval of a site plan. The parking reduction is revoked if the commercial drone delivery hub use is removed.

Nothing herein shall prohibit the inclusion of site-specific standards or requirements, including those related to safety.

In the event of any conflict between this Ordinance and any state or federal law or regulation, the state or federal law or regulation shall apply.

(Ordinance 15-74, adopted 12/8/2015; Ordinance 16-60, adopted 9/13/2016; Ordinance 16-79, adopted 12/13/2016; Ordinance 17-32, adopted 4/11/2017; Ordinance 17-43, adopted 6/13/2017; Ordinance 17-49, adopted 6/27/2017; Ordinance 17-62, adopted 8/22/2017; Ordinance 18-93, adopted 11/13/2018; Ordinance 18-12, adopted 1/23/2018; Ordinance 18-39, adopted 5/22/2018; Ordinance 2020-59, adopted 9/8/2020; Ordinance 2022-38, § 3, adopted 7/26/2022; Ordinance 2024-08, § 2, adopted 1/9/2024; Ordinance 2024-09, § 2, adopted 1/9/2024; Ordinance 2024-14, §§ 2, 3, adopted 1/23/2024; Ordinance 2024-44 adopted 6/11/2024)

DIVISION 2 DEFINITIONS

§ 3.2.1 [Purpose.]

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.

§ 3.2.2 [Definitions.]

Abutting, Adjacent, or Adjoining

means 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

means 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

means 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

means 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

means 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 of one percent 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.

Alcoholic Beverage Establishment

means any establishment that derives 75 percent 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

means 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

means 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

means 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, Non-Commercial

means an antenna and its support structure not exceeding 45 feet 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 12 feet in diameter.

Antenna, Stealth

means 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; 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

means 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

means 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.

Apartment

means 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

means 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

means 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

means a private field(s) and structure used for sporting events with associated spectator seating, either permanent or temporary.

Athletic Stadium or Field, Public

means 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.

Auto Parts Sales, Inside

means 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

means 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.

Automobile

means 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 Paid Parking Lot/Garage

means 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 Parking Lot/Garage

means 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 Repair, Major

means a facility which offers general repair or maintenance of vehicles, including paint and/or body repair services. Outdoor storage of vehicles overnight shall provide screening in accordance with the open storage regulations of the Zoning Ordinance. Any facility offering auto services that requires overnight storage of the vehicle shall be considered, Major Automotive Repair.

Automobile Repair, Minor

means a facility which offers general repair and maintenance of vehicles. Minor automobile repair uses shall not include a facility which offers paint and/or body repair services or the outdoor storage of vehicles overnight.

Automobile Sales, Service, and Leasing

means the sale, rental or leasing of new automobiles or light load vehicles, and includes as incidental uses (i) automobile or light load vehicle used sales and (ii) on-site automobile repair services related to the sale, rental or leasing of new automobiles or light load vehicles.

Automobile Sales/Leasing, New

means 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.

Automobile Sales, Used

means sales of used automobiles or light load vehicles.

Automobile Storage

means the storage on a lot or tract of automobiles for the purpose of holding such vehicles for sale, lease, distribution, or storage.

Bank, Savings and Loan, or Credit Union

means 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)

means 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

means 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

means an owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 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

means retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building.

Block

means 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

means a five member board with two alternates appointed by the Town Council for the purpose of making special exceptions to the terms of the Town of Prosper Zoning Ordinance. See article 1, § 1.8.6 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

means 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 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

means a covered passage one 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

means 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

means 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

means 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

means 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

means 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

means 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

means 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

means the inspector or administrative official of the Town charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code.

Building Permit

means 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

means any premises for the transient parking or storage of motor-driven buses and the loading and unloading of passengers.

Business Service

means 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

means an establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture.

Campground or Recreational Vehicle Park

means any area that is designed for occupancy by transients using tents, mobile trailers, or recreational vehicles for temporary sleeping purposes.

Candlepower

means the quantity of light required to illuminate a surface one foot distance from a light source to the intensity of one foot-candle.

Caretaker's/Guard's Residence

means 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

means 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 24 feet on its longest dimension. Also called "covered parking area."

Car Wash

means a facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.

Car Wash, Self-Serve

means a facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

Catering

means an establishment in which the primary use is the preparation of food and meals on the premises, and where such food and meals are picked up or delivered to another location for consumption. This definition expressly prohibits on-site dining.

Cemetery or Mausoleum

means property used for the interring of the dead.

Certificate of Occupancy

means 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.

Child Care Center, Home

means a home occupation that occurs in the caregiver's home that provides care for less than 24 hours a day to no more than six children under the age of 14, plus six additional children after school hours. The total number of children, including the caretaker's own children, is no more than 12 at any time. This use is subject to registration/licensing with appropriate State agencies.

Child Care Center, Incidental

means 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 15 percent 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.

Child Care Center, Licensed

means a non-residential institution that provides care for less than 24 hours a day for seven or more children under the age of 14. This use is subject to registration/licensing with appropriate State agencies.

Civic/Convention Center

means a building or complex of buildings used for cultural, recreational, athletic, convention or entertainment purposes.

Clear-Cutting

means 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

means 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

means 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

means 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

means 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.

Community Home

means a residence for persons with disabilities, limited to a maximum of six persons with disabilities and two supervisors, no closer than one-half mile to an existing community home, permitted by right in all residential zoning districts. This use is subject to registration/licensing with appropriate State agencies. This definition is subject to the Community Homes for Disabled Persons Act (Texas Human Resources Code, § 1.123.001 et seq.) as it exists or may be amended.

Comprehensive Plan

means 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

means a permanent manufacturing facility for the production of concrete or asphalt.

Concrete/Asphalt Batching Plant, Temporary

means 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

means 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

means 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

means 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

means a retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption.

Court

means 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

means the lot area covered by all buildings located thereon.

Cutoff

means 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

means 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

means 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.

Development

means 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

means 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

means 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)

means 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

means a vertical line running through the outermost portion of the crown of a tree and extending to the ground.

Dry Cleaning, Major

means an industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Dry Cleaning, Minor

means a custom cleaning shop or pick-up station not exceeding 6,000 square feet of floor area, including, but not limited to, dry cleaning plants having no more than 1,500 square feet of floor area for dry cleaning equipment.

Easement

means 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

means 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

means 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

means 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.

Fairgrounds/Exhibition Area

means an area where outdoor fairs, circuses, or exhibitions are held.

Family

means one or more persons related by blood, marriage, or adoption, or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit.

Farmer's Market

means 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

means 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

means 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

means 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

means 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

means 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

means 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

means 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)

means the floor area of a main building or buildings on a lot, excluding structured parking garages, divided by the lot area.

Food Pantry

means a non-profit organization authorized pursuant to § 501(c)(3) of the Internal Revenue Code, not affiliated with a religious land use, that provides food directly to individuals and families in need at no cost to those individuals and families. Food pantries may receive, buy, store and/or distribute food; however, on-site preparation of food is not permitted.

Food Truck Park

means an establishment which provides for the congregation for one or more temporary food businesses for the purpose of offering food and beverage sales to the public.

Foot-Candle

means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. When metric units are used, lux is the unit of light quantity. One lux equals one lumen per square meter of area. One foot-candle equals 10.76 lux.

Fortune Teller/Psychic

means 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

means 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

means luminaries constructed or shielded to direct all light at a cutoff angle of less than 90 degrees.

Funeral Home

means 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

means 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

means a workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals associated with the use.

Garage, Private

means an enclosed (on at least three 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

means any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels.

General Manufacturing/Industrial Use Complying with Performance Standards

means 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.

Glare

means 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

means 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

means 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

means 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

means a second, attached or detached dwelling unit located on the same lot or tract as the primary dwelling unit, which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. A mobile home or a HUD-Code manufactured home shall not be considered as a guest house.

Gymnastics/Dance Studio

means 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

means 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

means a self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than 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

means 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

means a place where helicopters can land and take off only and excluding refueling, maintenance, repairs, and storage of helicopters.

Homebuilder Marketing Center

means a building or structure used for the marketing and sale of lots and/or homes.

Home Occupation

means 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 article 3, § 3.1.4(5) of this ordinance.

Hospital

means 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 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

means 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 meals a day; provides meeting/event space; and is not classified as a limited service hotel or a residence hotel.

Hotel, Limited Service

means 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

means 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

means a dwelling unit which provides residence and care to not more than six 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 the Personal Care Facility Licensing Act (Texas Health and Safety Code, § 1.247.001 et seq.) and the Community Homes for Disabled Persons Location Act (Texas Human Resources Code, § 1.123.001 et seq.) as they presently exist or may be amended in the future.

Household Pet

means a domesticated animal kept for pleasure rather than utility, including, but not limited to, a dog, cat, or bird.

House of Worship

means 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

means average lighting intensity measured at grade (in foot-candles).

Incandescent Light

means illumination produced by a filament, which is heated by an electric current, including quartz and halogen lights.

Incidental Use

means any use different from the primary use but which compliments and/or supplements the primary use, which shall not constitute more than 15 percent of the main use.

Indoor Gun Range

means 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.

Industrial Park

means 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 compatibility.

Insurance Office

means 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

means the component of a luminary that produces the actual light.

Landfill

means 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

means a facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.

Light Load Vehicles

means a self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Light Pollution

means the shining of light produced by luminaries above the height of the luminaries and into the sky.

Light Trespass

means 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

means 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

means an off-street space or berth used for the delivery and loading or unloading of vehicles.

Locksmith/Security System Company

means establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.

Lot

means 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

means the total area, measured on a horizontal plane, included within lot lines.

Lot, Corner

means 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 135 degrees.

Lot, Depth

means the mean horizontal distance between the front and rear lot lines.

Lot, Double Frontage

means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, Flag or Panhandle

means 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 25 feet. The maximum distance of the area less than the required width from the front property line shall be 110 feet.

Lot, Interior

means a lot other than a corner lot.

Lot, Key

means 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

means 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

means 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

means 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

means any lot line not the front or rear lot line.

Lot Lines or Property Lines

means the lines bounding a lot as defined herein.

Lot of Record

means 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

means 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

means unit used to express the light output of a lamp or fixture.

Luminary

means a complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Luminous Tube Lighting

means 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

means 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.

Major Thoroughfare

means a dedicated street or highway route designated as a Thoroughfare by the Thoroughfare Plan map of the Comprehensive Plan.

Manufactured Home

means 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 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 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, Article 1201, Texas Occupations Code, as amended).

Masonry Construction

means unless otherwise provided for in this ordinance, Masonry Construction constitutes clay fired brick, natural and manufactured stone, granite, marble, and stucco as exterior construction materials for all structures. Other permitted exterior construction materials for big box, institutional, and industrial structures are architectural concrete block, 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 above grade at the base of the wall on which it is installed.

Massage Therapy, Licensed

means 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

means 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.

Mechanical Equipment

means for the purposes of the screening regulations contained herein, mechanical equipment shall include ground or roof-mounted HVAC units or commercial kitchen equipment.

Meeting/Banquet/Reception Facility

means 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.

Mineral Extraction

means 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

means 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

means 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

means any person or persons who operates or sells food from a self-propelled vehicle or stationary cart for a period of 15 days or greater per year. This definition does not include Mobile Food Units. 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

means a structure that was constructed before June 15, 1976, transportable in one or more section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 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, Article 1201, Texas Occupations Code, as amended).

Model Home

means 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)

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 (Article 1201, Texas Occupations Code, as amended); nor does it include building modules incorporating concrete or masonry as the primary structural component.

Motorcycle

means a usually two wheeled self-propelled vehicle having one or two 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

means the display, sale, repair, and servicing of new or used motorcycles.

Motor Vehicle

means 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

means 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

means 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

means 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

means 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

means 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

means property zoned or used for other than residential purposes.

Nursery, Major

means 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

means 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

means the use or intended use of the land or buildings by proprietors or tenants.

Office and Storage Area for Public/Private Utility

means the pole yard, maintenance yard, or administrative office of public or private utilities.

Office Center

means 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

means 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 50 percent of the total floor area. This designation does not include contractor's shop and storage yard.

Office/Warehouse/Distribution Center

means 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

means access, other than a dedicated street, to a property that is approved by the Town.

Off-Street

means off the right-of-way of a public street or place.

Open Storage

means the outside storage or exhibition of goods, materials, merchandise, or equipment on a lot or tract. Open storage must meet the requirements in article 4, § 4.5.2(D, E).

Ordinance

means 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

means 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

means 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

means the temporary display of merchandise such as a sidewalk sale subject to Conditional Development Standards.

Outdoor Storage, Incidental

means 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

means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.

Parking Space

means an area designated for the parking of a vehicle.

Park or Playground

means 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

means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).

Permitted Use

means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Pet Day Care

means a commercial institution or place designed for the care of no more than one household pet per 100 square feet of gross floor area.

Photometric Plan

means a point-by-point plan depicting the intensity and location of lighting on the property.

Planned Development District

means 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 appropriate 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 and Zoning Commission

means 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&Z" 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

means 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 and 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

means 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

means an establishment that displays and sells structures which are capable of being carried and transported to another location, not including mobile homes.

Premises

means land together with any buildings or structures situated thereon.

Primary Use

means the principal or predominant use of any tract, lot, or building.

Print Shop (Major)

means 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)

means 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

means an establishment holding a Private Club permit under Article 32 or 33 of the Texas Alcoholic Beverage Code, as amended, that derives 35 percent 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, 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 Article 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 Article 32 or 33 of the Texas Alcoholic Beverage Code, as amended, is presumed to derive 35 percent or more of its gross revenue from the sale or service of Alcoholic Beverages for on-premise consumption.

Private Recreation Center

means 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

means 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)

means 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

means 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

means the 100-year floodplain plus the area within 300 feet of the 100-year floodplain.

Protected Residential Property

means 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

means the right-of-way and track used by a railroad, but not including railroad stations, sidings, team tracks, loading facilities, dockyards, or maintenance areas.

Recreational Vehicle (RV)

means 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

means 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

means 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

means 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

means 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

means 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

means a dwelling unit which provides residence and care to not more than nine 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

means a facility which provides residence and care to ten 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

means 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

means 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

means 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

means where the primary purpose is residential use.

Residential Garage Loft

means a small, accessory dwelling located above a private garage which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit.

Residential Property

means any property that is either zoned for or designated on the Future Land Use Plan for residential uses.

Restaurant

means an establishment where food and drink are prepared and consumed primarily on the premises. Drive-through service is permitted in accordance with the Conditional Development Standards.

Restaurant, Drive-In

means 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

means 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 15 percent of the main use.

Retail Stores and Shops

means 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

means 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

means 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

means 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

means 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

means 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

means 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

means a school operated by an independent school district and providing elementary or secondary curriculum.

Setback.

See definition for Building Line.

Servant's Quarters

means 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

means 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

means 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

means 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

means a dwelling designed and constructed for occupancy by one family and having no physical connection to a building located on any other separate lot or tract.

Small Engine Repair Shop

means a shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.

Stable, Commercial

means 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

means having at least 75 percent of the exterior walls of a building constructed of brick, stone or other Masonry Construction.

Story

means 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 12 feet. Multiple stories, or portions thereof, shall be a result of the number of stories and story height of 12 feet. The definition of a story does not include parapets, gables, and other normal roof structures.

Story, Half

means a single room within a dwelling unit above the second floor. A half-story will occupy no less than ⅔ 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

means any dedicated public thoroughfare that affords the principal means of access to abutting property.

Street, Intersection

means any street that joins another street at an angle, whether or not it crosses the other.

Structural Alterations

means 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

means 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

means a building used primarily for the storage of goods and materials.

Studio Dwelling

means 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 650 square feet. Each individual office or commercial use may have one accessory studio dwelling.

Taxidermist

means 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

means a central switching hub servicing the public at large in which telephone lines are connected to permit communication.

Temporary Building

means an industrialized or modular building or structure without a permanent foundation. Membrane structures shall not be considered a temporary building.

Temporary Outdoor Lighting

means 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 days with at least 180 days passing before being used again.

Temporary Wireless Communications and Support Structures

means wireless communications and support structures as defined in this Section intended to provide service for a limited period of time per the conditions of a the regulating Specific Use Permit or intended to provide service on a temporary basis in conjunction with a special event, emergency situation, or equipment failure.

Theater, Drive-In

means 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

means 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 screens, stages, or combination thereof or a combined seating capacity of 2,500 or less.

Theater, Regional

means a building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performance having more than ten screens, stages, or combination thereof or a combined seating capacity greater than 2,500.

Town

means references to the "Town" shall mean the Town of Prosper.

Town Council

means the governing body of the Town of Prosper, Texas.

Townhome (Single Family Dwelling, Attached)

means a structure located on a lot with fee simple ownership and 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

means an area, parcel, site, piece of land, or property that is the subject of a zoning or development application.

Trailer, Hauling

means 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

means 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

means the display and offering for rent of trailers designed to be towed by light load vehicles.

Trailer, Travel or Camping

means 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

means 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

means any self-supporting woody perennial plant which has one well defined trunk diameter of four and one-half inches or more in diameter when measured at a point four and one-half feet above the natural ground level and which normally attains a height of at least 12 feet at maturity.

Tree Permit

means an official document or certificate issued by the Town of Prosper authorizing the removal of a tree in accordance with article 4, division 3 of this ordinance.

Tree, Protected

means a tree that is determined to be healthy by the Director of Development Services, or his/her designee, and meets one of the following requirements:

•	Any tree, regardless of species, six inches or larger in diameter when measured at a point four and one-half feet above the ground level and which normally attains a height of at least 12 feet at maturity, and located within a 100-year floodplain.
•	Any tree, except those species listed below, six inches or larger in diameter when measured at a point four and one-half feet above the ground level and which normally attains a height of at least 12 feet at maturity, and located outside of the 100-year floodplain.
•	Any protected tree 40 inches or larger in diameter when measured at a point four and one-half feet above ground level and which normally attains a height of least 12 feet at maturity; or any tree deemed to be of historical significance.

The following trees shall not be included in the above definition of Protected Trees:

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

means any tree that is listed under article 4, division 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 inches when measured at a point 12 inches above the natural ground level and will normally attain a height of at least 12 feet at maturity to be considered a replacement or transplanted tree.

Trees, Stand of

means a group of six or more protected trees that have a combined caliper measurement of 48 inches or greater and each tree is within 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

means a light or heavy load vehicle (see definitions for Light and Heavy Load Vehicle).

Truck/Bus Repair

means an establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or buses.

Truck Sales, Heavy Trucks

means the display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

Truck Terminal

means 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

means a detached dwelling designed with a common vertical wall between units and to be occupied by two families living independently of each other.

Units per Acre

means a measurement of residential density, the number of residential living units permitted to be developed on a Net Acre of land.

Usable Open Space

means 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; shall have no dimension of less than 15 feet; 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 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

means facilities, including subsidiary stations, which serve to distribute, meter, transmit, transform, or reduce the pressure of gas, water, or electric current.

Variance

means 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 Article 211 of the Texas Local Government Code, as amended.

Veterinarian Clinic and/or Kennel, Indoor

means 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

means 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

means 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

means 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

means 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.

Wireless Communications and Support Structures

means an antenna and its supporting structures, and any appurtenances intended for transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, data transmission, television signals, or other or similar forms of electronic communication.

Yard

means 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

means 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

means 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.

Yard, Side

means 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

means the official map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of this ordinance.

(Ordinance 15-74, adopted 12/8/2015; Ordinance 17-43, adopted 6/13/2017; Ordinance 17-49, adopted 6/27/2017; Ordinance 18-12, adopted 1/23/2018; Ordinance 18-23, adopted 3/27/2018; Ordinance 18-39, adopted 5/22/2018; Ordinance 18-93, adopted 11/13/2018; Ordinance 2020-59, adopted 9/8/2020; Ordinance 2022-38, § 4, adopted 7/26/2022)