Town of Prosper, TX Article 2 Zoning Regulations

§ 2.01 Town Zoning Regulations.

A. Purpose. As authorized by Texas Local Government Code Chapter 211, the zoning regulations and districts as established in this article have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals, and general welfare of the Town. They have been designed to:

1. Lessen the congestion in the streets;

2. Secure safety from fire, panic, and other dangers;

3. Ensure adequate light and air;

4. Prevent the overcrowding of land and thus avoid undue concentration of population; and

5. Facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements.

They have been made with reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.

B. Applicability. The zoning provisions within this article are applicable within the Town limits of the Town of Prosper. The zoning provisions are not applicable in Prosper's Extraterritorial Jurisdiction (ETJ).

C. Compliance Required.

1. All land, buildings, structures or accessories located within the Town that are occupied, used, erected, altered, graded, developed, removed, placed, demolished, or converted shall be occupied, used, erected, altered, graded, developed, removed, placed, demolished or converted in conformance with the zoning regulations prescribed herein provided or be subject to penalties as per section 1.01.

2. No land, buildings, structures or accessories located shall be occupied, used, erected, altered, graded, developed, removed, placed, demolished or converted without first receiving all necessary approvals, releases, and/or permits, including, but not limited to Site Plan approval, Plat approval, Landscape Plan approval, Engineering Plan approval, Grading Release, Preconstruction Conference, Paving Permit, Plumbing Permit, Electric Permit, or Building Permit.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.02 Nonconformities.

A. Purpose and General Provisions.

1. Purpose. The purpose of this section is to establish provisions for the allowance, potential alteration or discontinuation of uses and/or structures which do not conform to currently applicable zoning standards or regulations, but which were in conformance with standards in place at the time of their inception and have been rendered nonconforming due to a change in the applicable standards and regulations.

2. Intent. It is the declared intent of this article that any modification to nonconforming uses and structures result in greater conformance with the UDC such that nonconforming uses and structures eventually come into full compliance with this UDC.

3. General Provisions. Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.

4. Nonconforming Lots.

a. A legal nonconforming lot is a recorded, platted lot that does not meet the current dimensional requirements established in this UDC document.

b. Legally nonconforming lots are deemed conforming and may be developed.

B. Status.

1. For purposes of interpretation, any uses, structures and/or lots, which in whole or part are not in conformance with current zoning standards, shall be considered as follows:

a. Legal Nonconforming. Those uses, structures, or lots, which in whole or part are not in conformance with current zoning standards but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this article.

b. Illegal Status. Those uses, structures, or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion and shall undertake necessary remedial measures to reach conformance with current standards or be discontinued.

C. Time of Adoption.

1. Any use, platted lot, and/or structure that is a lawful use at the time of the adoption of any amendment to the zoning regulations but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.

2. Annexation: If a nonconforming use, platted lot and/or structure was in existence at the time of annexation to the Town and has since been in regular and continuous use, it shall be deemed legal nonconforming.

D. Burden of Demonstration. The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity.

E. Continuing Lawful Use of Property.

1. Abandonment of Nonconforming Use. If a nonconforming use on a particular parcel of land ceases operations for a continuous period of more than six months, then such nonconforming use shall be deemed to be permanently abandoned. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

2. Reinstatement of Nonconforming Use Rights. An owner or operator of a nonconforming use that has been deemed permanently abandoned pursuant to subsection E.1 above, may request that the nonconforming rights to the use be reinstated pursuant to subsection J.

3. Prohibited Expansion or Reoccupation. A nonconforming use shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of the zoning ordinance, except as provided in subsection G.

F. Changing Uses and Nonconforming Right.

1. Nonconforming Use to Conforming Use. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

2. Nonconforming Use to Another Nonconforming Use. A nonconforming use may not be changed to another nonconforming use, when the new nonconforming use is a more intense land use in terms of generating additional traffic, parking, noise, light, or providing additional outdoor uses in comparison to the current nonconforming use.

3. Conforming Use in a Nonconforming Structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use as outlined in subsection G, below.

G. Nonconforming Uses.

1. Registration of Nonconforming Uses. The operator, owner, or occupant of any nonconforming uses of land or buildings shall, within 12 months after the date on which the same became nonconforming, register such nonconforming use by obtaining a Certificate of Occupancy from the Building Official. The Certificate of Occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted to an illegal use or violation of this UDC. The Building Official shall maintain a register of all Certificates of Occupancy issued for nonconforming uses.

2. An expansion of a nonconforming use is allowed in accordance with the following:

a. Nonconforming Use Expansion in Existing Building. A nonconforming use located within a building may be extended throughout the existing building, provided:

i. No structural alteration, except as provided in this subsection G may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

ii. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

3. Nonconforming Use Prohibited from Expansion beyond Existing Building. A nonconforming use within a building shall not be extended to occupy any land outside the building except where the rights are fully or partially re-instated by the Board of Adjustment pursuant to subsection J. Any expansion of a nonconforming use shall obtain a building permit prior to usage. Any expansion of a nonconforming use must obtain a building permit prior to usage.

4. Off-street Loading and Parking. A nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space when the additional parking complies with section 2.10 Parking, Circulation, and Access.

H. Nonconforming Structures.

1. Enlargement. A nonconforming structure used for a conforming use may be enlarged by a maximum of 10% of the total floor area or 1,000 square feet, whichever is less. The enlargement of the floor area is only permitted once.

2. Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures which have been vacant or abandoned for more than three months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use. The conforming use shall be required to meet all current building code regulations and development standards.

3. Relocation. No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated.

4. Restoration of Nonconforming Structures.

a. Total Destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the current building code regulations, development standards, and zoning ordinance guidelines unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to subsection J.

b. Partial Destruction. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 60% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within six months of the date of such damage or destruction unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to subsection J. The nonconforming structure shall follow the provisions of the current Building Code.

I. Completion of Structures.

1. Nothing herein contained shall require any change in the plans, construction, or designated use of the following:

a. Building in the Approval Process. A building or structure for which a complete application for a building permit was accepted by the Building Official on or before the effective date of this UDC or applicable amendments thereto; provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.

J. Reinstatement of Nonconforming Rights.

1. Applicability. A property owner may apply to the Board of Adjustment for a change in the status of a nonconforming use or nonconforming structure for the following matters:

a. Resumption of a nonconforming use previously deemed abandoned;

b. Expansion of the land area of a nonconforming use;

c. Expansion of the gross floor area of a nonconforming structure beyond 25%; or

d. Reconstruction of a nonconforming structure that has been totally destroyed.

2. Effect. If the Board of Adjustment grants the application for a change in nonconforming status, modifications made in the nonconforming use, structure or lot that are consistent with the approved application shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this UDC.

3. Application Requirements.

a. An application for a change in nonconforming status shall be filed by the property owner on forms provided by the Department of Development Services.

b. An application for a change in nonconforming status shall contain a detailed written statement of the reasons why the nonconforming rights should be reinstated.

4. Review and Determination Process.

a. Upon receipt of an application for a change in nonconforming status, the Director of Development Services or their representative shall transmit the application to the Board of Adjustment for processing and determination in accordance with this UDC.

b. The Board of Adjustment shall hold a public hearing with notification of the hearing provided as follows:

i. Written notice being mailed to each property owner, as indicated by the most recently approved tax roll, within 200 feet of the subject property, prior to the tenth day before the hearing; and

ii. Publication in the official newspaper of the Town prior to the fifteenth day before the hearing.

5. Burden of Proof. The applicant bears the burden of proof to demonstrate that an application for a change in nonconforming status should be granted.

6. Criteria for Considering Application. The Board of Adjustment shall consider the following criteria:

a. The proposed change in nonconforming status results in greater conformance with the Comprehensive Plan;

b. The proposed change in nonconforming status results in greater conformance with this UDC such that the nonconforming use or structure can eventually come into full compliance with this UDC;

c. The degree of the proposed request is the minimum amount necessary; and

d. Granting the application shall not result in greater harm to adjacent and neighboring land uses than the original nonconformity.

7. The Board of Adjustment shall approve, approve subject to conditions, or deny the request for a change in nonconforming status.

K. Amortization of Nonconforming Uses or Structures.

1. First Public Hearing. Upon direction by the Town Council, the Board of Adjustment shall hold a public hearing to determine whether the continued operation of the nonconforming use will have an adverse effect on nearby properties or the community welfare. Notice of the public hearing shall be conducted in the manner established in subsection C.

2. In determining whether the continued operation will have an adverse effect on nearby properties or the community welfare, the Board of Adjustment shall consider the following factors:

a. The Comprehensive Plan;

b. The character of the surrounding neighborhood;

c. The degree of incompatibility of the use with the zoning district, in which it is located;

d. The manner in which the use is being conducted;

e. The hours of operation of the use;

f. The extent to which continued operation of the use may threaten public health or safety;

g. The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor;

h. The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use;

i. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and

j. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

3. If the Board of Adjustment determines that the nonconforming use has an adverse effect on nearby properties or the community welfare, it shall hold a second public hearing to set a date for compliance. The Board of Adjustment shall have the authority to request the owner to produce financial documentation and/or records to the factors listed in subsection K.5, below. The owner shall provide said documents and/or records at least 30 days before the second public hearing. If the owner does not provide said documentation, the Board of Adjustment is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public or expert testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board of Adjustment from setting a compliance date.

4. Second Public Hearing. Notice of the public hearing shall be conducted in the manner established in subsection J.4.b.

5. Board of Adjustment shall, in accordance with Texas Local Government Code § 211.019. as amended, utilize the procedures and owner or lessee compensation criteria contained in said section in the event the Town determines that a nonconforming use of property shall cease.

6. Ceasing Operations. If the Board of Adjustment establishes a compliance date for a nonconforming use, the use must cease operations on that date, and it may not operate thereafter unless it becomes a conforming use.

7. Decisions that Cannot be Immediately Appealed. The decision by the Board of Adjustment that the continued operation of a nonconforming use will have an adverse effect on neighboring property or the community welfare and the Board of Adjustment's decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.

8. Decision to Deny a Request to Establish a Compliance Date. A decision by the Board of Adjustment to deny a request to establish a compliance date is final unless appealed to state court within ten calendar days in accordance with Texas Local Government Code Ch. 211.

9. Decision Setting a Compliance Date. A decision by the Board of Adjustment setting a compliance date is final unless appealed to state court within 10 calendar days in accordance with Texas Local Government Code Ch. 211.

10. Nothing in this UDC shall prohibit the Town and the property owner(s) of such nonconforming use from mutually agreeing upon a compliance date and memorialize such agreement in writing, to be approved by the Town Council and said property owner(s) and filed in the real property records of the County in which the property is located.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.03 Zoning and Development Procedures.

A. Zoning Process Overview. Prior to submitting an application, applicants are encouraged to attend a pre-application meeting with Town staff to become familiar with the Town's development process and zoning regulations applicable to the proposed development (See section 1.03B Pre-application Meeting for more information). Next the applicant will submit a zoning map amendment, if applicable, and a zoning application. Following zoning the property, either a Preliminary Plat will be submitted or residential property or a Preliminary Site Plan application will be submitted for nonresidential development. The Final Plat is then submitted, along with a Site Plan application for nonresidential properties. Construction occurs after the Final Plat is recorded and the Site Plan is approved. An exhibit representing the Zoning and Development Process Overview is provided within the Development Manual.

B. Authority to Amend Ordinance.

1. Generally.

a. The Town Council shall as needed, after holding public hearings, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any UDC regulations may be ordered for consideration by the Planning and Zoning Commission or Town Council. Any zoning district boundary amendment may be ordered for consideration by the:

i. Town Council;

ii. Planning and Zoning Commission; or

iii. The owner of the real property (or the authorized representative of an owner of real property).

2. In no case shall the Town Council act upon any zoning request prior to recommendation by the Planning and Zoning Commission.

3. Each applicant for zoning or for an amendment to the existing provisions of the UDC shall submit a zoning application (available from the Department of Development Services) to the Planning Division on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the Town. All applications received on a date after an official submittal date shall be dated received on the next official submittal date. Applications must be complete for acceptance.

4. Consideration for Change. Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner or owners, by the Planning and Zoning Commission, or by the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the Town records are different, the applicant shall submit written proof of ownership acceptable to the Town.

5. Zoning Application Details. To ensure the submission of adequate information, the Planning staff is hereby empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic review, the Planning staff shall have the authority to update such requirements for zoning application details.

C. Public Hearing and Notice.

1. Zoning Changes.

a. Prior to making its report to the Town Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Prior to the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council hearing shall be given by publication in the official newspaper of the Town, stating the time and place of such hearing, a minimum of 15 days prior to the date of the public hearing. Notice of zoning changes shall be published on the Town website not less than 10 days prior to both the Planning and Zoning Commission and Town Council Hearings.

b. In addition to the foregoing notice, the Town shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:

i. Be mailed by United States mail to each owner of real or business property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the tenth day before the hearing date;

ii. Contain the time and place of the hearing; and

iii. Include the following text in bold 14-point type or larger: "THE TOWN OF PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

2. Text Amendments. Notice of hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than 15 days prior to both the Planning and Zoning Commission and Town Council meetings thereto in the official newspaper of the Town. Notice of hearings on proposed changes in the text of the zoning ordinance shall also be published on the Town website not less than 15 days prior to both the Planning and Zoning Commission and Town Council hearings. Changes in ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.

3. Zoning Signs. A zoning sign is a sign erected to publicize the request for zoning or rezoning of a property. Zoning signs are permissible subject to the following conditions:

a. Time.

i. The property owner or their representative shall erect the sign on the property 10 days prior to the first public hearing scheduled to discuss the applicable zoning case. The property owner shall be responsible for maintaining the sign on the property throughout the entire zoning case.

ii. The property owner or their representative must provide verification with a photograph that the zoning sign is in place 10 days prior to the first public hearing meeting date.

iii. The property owner or their representative must remove the sign within three days after the Town's approval of the ordinance rezoning the property or after the Town denies the request.

b. Place.

i. Zoning sign(s) shall be placed in a location visible from all streets adjacent to the property included in the zoning request. If the subject property does not have existing street adjacency, no zoning sign shall be required.

ii. Zoning or rezoning requests for single properties shall place zoning signs on the subject property.

iii. Zoning or rezoning requests pertaining to multiple properties may place zoning signs in the right-of- way.

iv. Signs shall be located no greater than 20 feet from the front property line, unless otherwise directed by the Director of Development Services or their designee.

c. Manner.

i. One zoning sign shall be erected adjacent to each existing street frontage of the property. For properties under 3 acres and located at the intersection of two streets, one zoning sign may be provided at the intersection.

ii. The area of a zoning sign shall be a minimum of 16 square feet.

iii. The width of a zoning sign shall be a minimum of 4 feet.

iv. The sign shall be constructed in accordance with Prosper's design standards for zoning signs, located in the Development Manual.

D. Failure to Appear. The Planning and Zoning Commission and/or Town Council may deny a zoning application if the applicant or representative fails to appear at one or more hearings before the Planning and Zoning Commission and/or Town Council. If the applicant or their representative does not appear at the scheduled public hearing, the Planning and Zoning Commission and/or Town Council can also table the item until the next meeting. If the applicant or their representative does not appear at the next meeting, the item will automatically be denied, and the applicant shall start the zoning change process over.

E. Commission Consideration and Report.

1. The Planning and Zoning Commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. The Planning and Zoning Commission may table for not more than 90 days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. Should the applicant wish to submit a request to table prior to the public hearing, the request shall be submitted in writing to the Planning Department a minimum of seven days prior to the meeting. In making their determination, the Planning and Zoning Commission shall consider, among other things, the following factors:

a. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the Town as a whole.

b. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

c. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the Town, and any special circumstances that may make a substantial part of such vacant land unavailable for development.

d. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

e. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

f. Any other factors which will substantially affect health, safety, morals, or general welfare.

2. Proposal Recommended for Denial by the Commission. The affirmative vote of a supermajority of the Town Council members present is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied, as it currently exists or may be amended.

F. Town Council Consideration.

1. Proposal Recommended for Approval by the Commission. Every proposal which is recommended favorable by the Planning and Zoning Commission shall be automatically forwarded to the Town Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

2. Town Council Consideration and Action. Town Council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. Should the applicant wish to submit a request to table, the request shall be submitted in writing to the Planning Division a minimum of seven days prior to the meeting.

3. Zoning Change Protests.

a. In accordance with Texas Local Government Code § 211.0061, certain types of proposed zoning changes may be protested by property owners. There are two types of proposed changes identified in Texas Local Government Code § 211.0011:

i. Comprehensive Zoning Changes. A proposed "comprehensive zoning change" means a proposal to:

(a) Change an existing zoning regulation that will have the effect of allowing more residential development than the previous regulation and will apply uniformly to each parcel in one or more zoning districts; or

(b) Adopt a new zoning code or zoning map that would apply to the entire municipality.

In accordance with Texas Local Government Code § 211.0061, comprehensive zoning changes are not subject to protest procedures.

ii. Noncomprehensive Zoning Changes. A proposed "noncomprehensive zoning change" means a proposed change to a zoning boundary or regulation that does not meet the criteria of subsection F.3.a.i through F.3.a.ii above.

b. A protest against a proposed noncomprehensive change to a zoning regulation or boundary, as described in subsection F.3.a.ii, must be written and signed by the owners of:

i. At least 20% of the area of the lots or land covered by the proposed change;

ii. Except as provided by subsection F.3.b.iii below, at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; or

iii. At least 60% of the area of the lots or land immediately adjoining the area covered by the proposed change and extends 200 feet from that area if the proposed change:

(a) Has the effect of allowing more residential development than the existing zoning regulation or district boundary; and

(b) Does not have the effect of allowing additional commercial or industrial uses, unless the additional use is limited to the first floor of any residential development and does not exceed 35% of the overall development.

c. If a proposed change to a zoning regulation or boundary is protested in accordance with subsection F.3.b, the proposed change must receive, in order to take effect, the affirmative vote of at least:

i. Three-fourths of all members of the Town Council, for a protest relating to a proposed change meeting the criteria of subsection F.3.a.ii; or

ii. A majority of all members of the Town Council for a protest relating to a proposed change meeting the criteria of subsection F.3.a.i.

d. A written protest against a proposed amendment, supplement, or change to a zoning regulation or boundary may be signed, acknowledged, and filed with the Planning Division by the owners of property encompassed within or adjacent to the area of the proposed change, in accordance with subsection F.3.b above.

e. Written protests shall be subject to the following requirements:

i. All protests must be submitted to the Planning Division in writing. Such written protest(s) shall include the zoning case number, the name of the protesting property owner, the address(es) or property description(s) of the property for which the property owner is asserting a protest, the reasons for the property owner's protest such as the zoning classifications or uses to which the property owner is opposed, and the signature of the protesting property owner(s).

ii. The protest must be filed with the Planning Division before 5:00 p.m. of the fourth working day immediately preceding the date advertised for the Town Council public hearing in the statutory notice published in the official newspaper and website of the Town. For example, a written protest must be received by 5:00 p.m. on the Wednesday prior to a regularly scheduled Tuesday Town Council meeting. A protest sent through the mail must be received by the Planning Division before the deadline.

iii. In all cases where a protest has been properly signed pursuant to this, the Town shall presume that the signatures appearing on the protest are authentic and that the persons whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented. Upon the advice of the Town Attorney, this presumption shall not be followed in a specific case based on evidence presented.

iv. A person may by written request withdraw his or her signature from the protest at any time prior to the close of the public hearing for the zoning case. If the withdrawal of an owner's signature from a protest reduces the percentage of land area ownership protesting the zoning change to less than the percentage of the total area of land required under subsection F.3.b, a modified vote of the Town Council shall not be required for approval of the zoning change.

v. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.

vi. At any time before Town Council action on a zoning case, the filing deadline for a protest is automatically extended whenever the zoning case is postponed or continued to a later date.

4. Denial by Town Council. If the Town Council denies any request, that denial shall normally be with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the Town for one year from the original date of denial.

5. Final Approval and Ordinance Adoption. Approval of any zoning change, amendment, or supplement by the Town Council at the scheduled public hearing shall constitute instruction to Town staff to prepare the appropriate ordinance for final formal passage at a subsequent time. If finally approved by the required number of votes, the ordinance shall be executed by the Mayor.

G. Zoning Upon Annexation.

1. All territory herein annexed into the Town shall be classified as Agricultural (A) District, until permanent zoning is established by the Town Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure set forth.

2. In the Agricultural (A) District.

a. No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the Town without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Building Official.

b. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the A District, unless and until such territory has been classified in a zoning district other than the A District, by the Town Council in the manner prescribed by law, except as provided in subsection c below.

c. An application for a Building Permit for any proposed use other than those specified in subsection b, above must be made to the Building Official within three months after annexation and referred to the Town Council for consideration. The applicant shall show that plans and other preparation for developing the property commenced prior to annexation into the Town. The action of the Town Council concerning any such permit shall take into consideration the appropriate land use for the area. The Town Council may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application pending permanent zoning.

H. Preliminary Site Plan.

1. Purpose. A Preliminary Site Plan is the first plan in the site plan approval process. The purpose of the plan is to:

a. Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property.

b. Determine the placement, configuration, coverage, size, and height of buildings.

c. Determine the design of public street improvements and right-of-way, the design and location of drives, aisles, and parking.

d. Determine the location and preliminary design of open space, landscaping, walls, screens, and amenities.

e. Determine the preliminary design of drainage facilities and utilities.

2. Applicability. Except as provided in subsection 1.2 Applicability, an approved, valid Preliminary Site Plan shall be required prior to the consideration of a Site Plan.

3. Effect of Review/Approval. Approval of a Preliminary Site Plan by the Planning and Zoning Commission shall constitute authorization by the Town for the land owner(s) to submit an application for Site Plan approval for development of the entire site or a portion thereof provided that the site plan conforms to the Preliminary Site Plan and any conditions attached to its approval. During the time the Preliminary Site Plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire lanes, median breaks, curb cuts, and parking shall remain fixed except as to permit minor adjustments resulting from subsequent engineering of improvements or to prevent a condition affecting public health or safety which was not known at the time of approval. Except where authorized by ordinance, a Preliminary Site Plan may not be used to approve an exception to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.

4. Extent of Area to be Included in a Preliminary Site Plan. The plan must include all contiguous property of common ownership, except that approved platted lots that are not part of the intended development may be shown for informational purposes only. When the overall development project is to be developed in phases, the area included within the Preliminary Site Plan shall include the overall area to be developed.

5. Procedures and Submission Requirements for Preliminary Site Plan Approval. All Preliminary Site Plans shall be prepared by a qualified civil engineer, land planner, architect, or surveyor. The Preliminary Site Plan shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities). To ensure the submission of adequate information, the Town is hereby empowered to maintain and distribute a separate list of specific requirements for the review of Preliminary Site Plan applications.

6. Review and Approval of a Preliminary Site Plan. The approval process for a Preliminary Site Plan shall generally include review by the Town staff and approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve, conditionally approve, table, or deny a Preliminary Site Plan based on:

a. Conformance with the Comprehensive Plan and adopted design guidelines.

b. Compliance with the zoning ordinance and other applicable regulations and previously approved, valid plans for the property.

c. Impact on the site's natural resources.

d. Affect on adjacent and area property and land use.

e. Safety and efficiency of vehicular and pedestrian circulation, traffic control and congestion mitigation.

f. Safety and convenience of off-street parking and loading facilities.

g. Access for firefighting and emergency equipment to buildings.

h. Use of landscaping and screening to shield lights, noise, movement, or activities from adjacent properties and to complement the design and location of buildings and parking.

i. The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

7. Lapse. The approval of a Preliminary Site Plan shall be effective for a period of one year from the date it is approved by the Planning and Zoning Commission, at the end of which time the applicant must have submitted and received approval of a Site Plan. If a Site Plan is not approved within such a one-year period, the Preliminary Site Plan approval is null and void. If the Site Plan approval is only for a portion of the property, the approval of the Preliminary Site Plan for the remaining property shall be null and void. The applicant shall be required to submit a new Preliminary Site Plan for review and approval subject to the existing regulations.

The applicant may request a maximum of two six-month extensions. A request for extension shall be submitted to the Director of Development Services in writing at least 30 calendar days prior to the expiration date and shall include an explanation why the Preliminary Site Plan should be extended.

8. Appeal. The applicant, Director of Development Services, or a simple majority of the Town Council may appeal the decision of the Planning and Zoning Commission by submitting a written notice of appeal to the Planning Division. The applicant or Director of Development Services must submit said written notice of appeal no later than 14 days from the date of such decision. The Town Council shall consider and act on whether it will appeal the Commission's decision no later than 14 days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later. Written notice of the Town's Council's vote to appeal shall be submitted to the Planning Division within seven days of the Town Council's vote. The Town Council shall consider the appeal at a public meeting no later than 45 days after the date on which the notice of appeal is submitted to the Planning Division. The Town Council may affirm, modify, or reverse the decision of the Planning and Zoning Commission.

I. Site Plans.

1. Purpose. The purpose of a Site Plan is to ensure that a development project is in compliance with all applicable Town ordinances and guidelines prior to the commencement of construction. The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:

a. Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property.

b. Coordinate and document the design of public and private improvements to be constructed.

c. Coordinate the subdivision of land, including the granting of easements, development agreements and provision of surety.

2. Applicability. An approved and valid Site Plan shall be required prior to the approval of any construction plan and permit for any development defined in the guidelines of this chapter. An approved, valid preliminary Site Plan is required prior to the consideration of a Site Plan except as provided below:

a. Development of a single building on one lot not exceeding three net acres and where the lot is not being subdivided from a larger property.

b. Development of property proposed to occur in a single phase.

c. Development of parking or outside storage areas.

d. Development of utilities and non-occupied structures.

e. Development of outdoor recreation structures and amenities.

3. Application Procedure and Requirements.

a. Pre-application. Before preparing a Site Plan, the applicant shall meet with the Planning Division staff to discuss the procedures for approval and to review the general concept of the proposed development.

b. General Application. The property owner shall submit an application for the approval of a Site Plan. This application shall include the information listed in the Development Manual.

c. Additional Requirements. The following plans shall be submitted with a Site Plan application and approval is necessary prior to final authorization for development:

i. Final Plat or Replat.

ii. Engineering Plans.

iii. Landscape Plans.

iv. Facade Plan, if applicable.

v. Open Space Plan, if applicable.

vi. Detailed Tree Survey, if applicable.

vii. Other approvals as required by ordinance or resolution.

d. Standards of Approval. Where application for Site Plan approval is made for development defined on an approved, valid Preliminary Site Plan, Planning staff shall approve, conditionally approve or deny the Site Plan. If the Site Plan does not conform to the approved Preliminary Site Plan, it shall be rejected by staff. If the applicant wants to move forward with the nonconforming Site Plan, it shall go back to the Planning and Zoning Commission for Preliminary Site Plan approval. The Site Plan approval shall be based upon the criteria listed below:

i. Conformance with the Comprehensive Plan and adopted design guidelines.

ii. Compliance with the UDC and other applicable regulations and previously approved, valid plans for the property.

iii. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

iv. The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

v. The use of landscaping and screening to:

(a) Provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

(b) Complement the design and location of buildings and be integrated into the overall site design.

vi. The location, size and configuration of usable open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

vii. Protection and conservation of soils from erosion by wind or water or from excavation or grading.

viii. Protection and conservation of watercourses and areas subject to flooding.

ix. The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

e. Effect. Approval of a Site Plan is the Town's authorization to apply for approval of building permits and to receive approval of engineering plans. During the time the Site Plan remains valid the Town shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening. Site Plan approval is separate and distinct from other permits and approvals as may be required by the Town and other regulatory agencies. Approval of a Site Plan shall not affect other applicable regulations concerning development and land use. Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.

f. Lapse. The approval of a Site Plan shall be effective for a period of one year from the date of approval by Prosper staff, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits. If the engineering plans and building permits are not approved, the Site Plan approval, together with any Preliminary Site Plan for the property, is null and void. If engineering plans and permits have been approved only for a portion of the property and for improvements, the Site Plan for the remaining property and/or improvements, together with any Preliminary Site Plan for the property, shall be null and void. The applicant shall be required to submit a new Preliminary Site Plan and, subsequently, a new Site Plan consistent therewith, for review and approval by the Planning and Zoning Commission subject to the existing regulations. Site plan approval shall expire upon completion of the improvements shown on the plan. Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with the guidelines within this UDC.

g. Appeal. The applicant may appeal the decision of the Director of Development Services, to the Planning and Zoning Commission by submitting a written notice of appeal to the Planning Division. The applicant must submit said written notice of appeal no later than 14 days from the date of such decision. The Planning and Zoning Commission shall consider and act on whether it will appeal the Director of Development Services decision no later than 14 days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the decision was made, whichever is later. Written notice of the Planning and Zoning Commission's vote to appeal shall be submitted to the Planning Division within seven days of the Planning and Zoning Commission's vote. The Planning and Zoning Commission shall consider the appeal at a public meeting no later than 45 days after the date on which the notice of appeal is submitted to the Planning Division. The Planning and Zoning Commission may affirm, modify, or reverse the decision of the Director of Development Services.

A simple majority of the Town Council may appeal the decision of the Planning and Zoning Commission by submitting a written notice of appeal to the Planning Division. The applicant must submit said written notice of appeal no later than 14 days from the date of such decision. The Town Council shall consider and act on whether it will appeal the Commission's decision no later than 14 days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later. Written notice of the Town Council's vote to appeal shall be submitted to the Planning Division within seven days of the Town Council's vote. The Town Council shall consider the appeal at a public meeting no later than 45 days after the date on which the notice of appeal is submitted to the Planning Division. The Town Council may affirm, modify, or reverse the decision of the Planning and Zoning Commission. When the overall development project is to be developed in phases, the area included within the Site Plan shall include only the portion of the overall property that is to be developed/constructed. The Director of Development Services may require a concept of the future phases to be submitted in conjunction with the site plan, but such plans are not part of the approval process and only to determine if the initial phases will work.

h. Amendments. At any time following the approval of a Preliminary Site Plan or Site Plan, and before the lapse of such approval, the property owner(s) may request an amendment. Amendments shall be classified as major and minor. Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping and screening, changes to utilities and service locations which do not substantially change the original plan. Any increase in building height or proximity to adjacent (off-site) residential uses shall not be considered a minor amendment. Any increase or decrease in the Site Plan that would trigger the Site Plan to be nonconforming would be required to go before the Planning and Zoning Commission for approval. The Director of Development Services or their designee may approve or disapprove a minor amendment. Disapproval may be appealed to the Planning and Zoning Commission. All other amendments shall be considered major amendments and will be considered by the Planning and Zoning Commission at a public meeting in accordance with the same procedures and requirements for the approval of a plan.

i. Revocation of Approval. The Planning and Zoning Commission may revoke approval of a Preliminary Site Plan or Site Plan if it determines that the conditions of the approval have not been met or if the plan contains incorrect information. The Town shall notify an applicant within 14 days of such revocation of approval via the U.S. Postal Service.

j. Additional Development and Redevelopment. Following the completion of improvements shown on an approved Site Plan, additional development, site modifications or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan. Minor expansions and redevelopment may be approved by the Director of Development Services or their designee under the terms of this chapter. All other expansions or redevelopment shall require submittal of a revised Site Plan and the approval of the Planning and Zoning Commission under the requirements and procedures then in effect.

J. Building Permit Plans and Building Permits.

1. Purpose. The purpose of a Building Permit is to ensure that development projects are in compliance with all applicable Town ordinances and building codes prior to commencement of construction.

2. Applicability.

a. No building or other structure shall be erected, moved, added to, or structurally altered without a Building Permit issued by the Building Official.

b. Building Permits are required for all structures in all zoning districts.

i. Exception: No Building Permit is required for construction of an accessory structure under 200 square feet in area.

3. Conformance with Regulations.

a. A Building Permit shall not be issued except in conformity with the provisions of this article, unless otherwise authorized by the Board of Adjustment in the form of a Variance or Special Exception as provided in this article, or authorized to replace or expand a nonconforming structure in accordance with this UDC.

b. A Building Permit shall not be issued until the property is properly zoned for the intended use, the property is platted in accordance with article 3, all appropriate plans have been approved by the Town, all applicable building codes and ordinances have been met, and all fees have been paid.

4. Building Permit Plan.

a. Building Permit Plans shall be submitted in conjunction with a Building Permit application.

b. If a Site Plan is required, it shall be submitted and approved before issuance of a Building Permit.

c. Building Permit and Certificate of Occupancy.

i. No Building Permit shall be issued until a Building Permit Plan, as required, and all other required Engineering/Construction Plans are first approved by the Town.

ii. No Certificate of Occupancy shall be issued until all construction and development conforms to the Building Permit Plan and Engineering/Construction Plans, as approved by the Town.

d. Extent of Area that Should Be Included in a Building Permit Plan. When the overall development project is to be developed in phases, the area included within the Building Permit Plan shall include only the portion of the overall property that is to be developed/constructed.

e. Procedures and Submission Requirements for Building Permit Plan Approval.

i. All Building Permit Plans shall be prepared in accordance with the adopted building codes by a qualified civil engineer, land planner, architect, and/or surveyor, if required, and shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities).

ii. To ensure the submission of adequate information, the Town is hereby empowered to maintain and distribute a separate list of specific requirements for the review of applications.

f. Review and Approval of a Building Permit Plan.

i. Town Staff Review and Approval of Building Permit Plans.

(a) Upon official submission of a Building Permit Plan and a complete application for a Building Permit, the Director of Development Services, Town Engineer, and the Building Official or their designees shall review the submittal. Determination of application completeness, notice in writing to the applicant of missing documents and information within 10 business days, and expiration of application within 45 calendar days due to incompleteness shall be in accordance with section 1.03C.3.c.

(b) Building Permit Plans shall be evaluated to ensure that all developments are constructed according to the Town's codes and ordinances.

(c) Following Town staff review, the Building Official shall approve, approve subject to certain conditions, or deny approval of the Building Permit.

ii. Building Permit Plan Appeal Process for Zoning Reasons.

(a) The applicant or property owner may appeal the denial of a Building Permit Plan for not meeting the regulations contained in this article to the Planning and Zoning Commission by filing a written notice of appeal in the office of the Building Official no later than 10 calendar days after the date upon which the Building Official denied the Building Permit. Appeals of denials of permits for not meeting the regulations contained in the adopted building codes shall be processed in accordance with the procedures contained in those codes.

(b) The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The Planning and Zoning Commission shall consider the appeal at a public meeting not later than 60 calendar days after the date upon which the notice of appeal was filed.

(c) The Planning and Zoning Commission may affirm or may change the decision of the Building Official by a simple majority vote.

(d) The Planning and Zoning Commission may also, where appropriate, remand the Building Permit application back to the Building Official for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony).

g. Revisions to the Approved Building Permit.

i. Minor Revisions/Amendments.

(a) It is recognized that final architectural and engineering design may necessitate minor changes in the approved Building Permit. In such cases, the Building Official shall have the authority to approve minor modifications to an approved Building Permit. Such minor modifications shall be submitted on an amended Building Permit Plan, which shall substantially conform to the previously approved Building Permit Plan.

(b) Submission materials and requirements for approval of an amended Building Permit shall be as determined by the Building Official.

ii. Major Revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments in subsection i. above), a revised Building Permit must be resubmitted, reviewed, and approved by the Building Official. The Building Official shall have the authority to determine whether the proposed revisions constitute a minor or major revision.

h. Effect of Review/Approval. The Building Permit Plan shall be considered authorization to proceed with construction of the site provided all other required Town approvals are obtained (such as Final Plat, Engineering Plans).

5. Cancellation of Building Permit. If an applicant or their representatives fail to comply with an approved Building Permit and do not correct the issue after notice, the Building Permit will be void. The Building Official is authorized to revoke the permit with written notice, halting all work until compliance is achieved. Expiration of Building Permits shall be in accordance with the building codes of the Town.

K. Alternative Compliance.

1. Purpose and Applicability.

a. Alternative Compliance allows Town staff to approve pre-authorized deviations to the requirements established within section 2.05. This tool reduces the need for variances or Planned Developments by allowing for different standards that conform to the intent of the UDC and the Comprehensive Plan.

b. Only the pre-authorized deviations contained within Zoning Development Standards are eligible.

c. A request for Alternative Compliance may be submitted for review and approval with a Site Plan application (see subsection I) or in a narrative format as part of the application submittal.

d. Alternative Compliance requests must include references to specific sections within the UDC that allow for consideration of Alternative Compliance. Alternative Compliance requests shall not be granted unless the UDC identifies the standard as qualifying for Alternative Compliance.

2. Alternative Compliance Evaluation Criteria. The designated Town staff member may approve an Alternative Compliance standard if it meets all of the following:

a. The proposed Alternative Compliance standard is in agreement with and promotes the recommendations and policies of the Comprehensive Plan;

b. The proposed Alternative Compliance standard does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other comparable requirements; and

c. The proposed Alternative Compliance standard does not modify the land uses allowed in the zoning district in which the subject property is located.

L. Zoning Appeals.

1. Appeals.

a. Authority. In addition to the authorization of variances and special exceptions from the terms of this article, the Board of Adjustment shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this article. The Board of Adjustment may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board of Adjustment has the same authority as the Director of Development Services or their designee.

b. Who May Appeal. Any of the following persons may appeal to the Board of Adjustment a decision made by an administrative official:

i. A person directly aggrieved by the decision; or

ii. Any officer, department, board, or bureau of the Town affected by the decision.

c. Procedure for Appeal.

i. The appellant must file with the Director of Development Services or their designee and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within 15 calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the Board of Adjustment all papers constituting the record of action that is appealed.

ii. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board of Adjustment facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board of Adjustment or a court of appropriate jurisdiction on application, after notice to the official, if due cause is shown.

iii. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board of Adjustment shall decide on the appeal within 30 calendar days after the written request (i.e., notice of appeal) was received.

iv. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken, and may make the correct order, requirement, decision, or determination.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.04 Zoning Districts.

A. Establishment of Zoning Districts and Map.

1. The Town is hereby divided into zones, or districts, and the boundaries of zoning districts set out in this article are delineated upon the Official Zoning Map of the Town, which may also be cited as the zoning map, said map being adopted as a part of this article as fully as if the same were set forth herein in detail.

2. The Official Zoning Map shall be labeled the "Official Zoning Map of the Town of Prosper, Texas" and shall be maintained as an electronic file in the office of the Director of Development Services. The "Official Adoption Date" and the "Last Amended Date" shall be shown on the Official Zoning Map.

3. The Director of Development Services shall be responsible for the maintenance of the map.

4. Zoning Districts Established.

a. The Town is hereby divided into the following zoning districts. The use, height, area regulations, and other standards as set out in this article apply to each district. The districts established herein shall be known as:

Abbreviation	Zoning District Name
Residential Districts
A	Agricultural
SF-E	Single-Family-Estate
SF-15	Single-Family-15
SF-10	Single-Family-10
TH	Townhome
MF	Multifamily
Nonresidential Districts
O	Office
C	Commercial
I	Industrial
Special Districts
PD	Planned Development
SUP	Specific Use Permit

b. A summary of the area regulations for the foregoing zoning districts is included in each district section.

c. Certain terms and definitions used within this article can be found in article 4.

B. Zoning District Boundaries. The boundaries of the zoning districts set out herein are delineated upon a zoning district map of the Town, adopted as a part of this UDC as fully as if the same were set forth herein in detail.

C. Dimensional Standards.

Figure 2.04-1. Measuring Building Height

Note: Subject to Fire and Building Code compliance.

Figure 2.04-2. Typical Front, Side, and Rear Yard Locations

Figure 2.04-3. Setbacks on Corner Lots

Figure 2.04-4. Lot Widths

Source: City of Walker, Michigan

Note: Irregular shaped lots shall be determined on a case-by-case situation by the Director of Development Services.

Figure 2.04-5. Measuring Front Yard

Figure 2.04-6. Key Lot Setbacks

Figure 2.04-7. Lot Depth and Area

Figure 2.04-8. Measurements-Floor Area Ratio

D. Residential Zoning Districts.

1. Agricultural (A) District.

a. General Purpose and Description. The Agricultural District primarily provides estate-style single-family dwellings and agricultural uses, including farming, ranching, and crop cultivation. This District is also appropriate for areas where utilities or Town services are not readily available. Generally, the Agricultural District will be near development; therefore, the agricultural activities conducted in this district should not be detrimental to urban land uses. The types of uses and the area and intensity of uses permitted in this district shall encourage and protect agricultural uses until urbanization is warranted, and the appropriate change in district classification is made. The Agricultural District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, constraints, or potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas.

b. Dimensional Standards.

Agricultural District
Height
Maximum Height	Two and a half stories, no greater than 40 feet
Size of Lots
Minimum Lot Area	Two acres (87,120 square feet)
Minimum Lot Width	200 feet
Minimum Lot Depth	200 feet
Size of Yards
Minimum Front Yard	40 feet
Minimum Side Yard	20 feet Exception: Where a lot sides on a street, the side yard shall not be less than 25 feet.
Minimum Rear Yard	20 feet
Other Dimensional Requirements
Minimum Dwelling Area	1,800 square feet
Maximum Lot Coverage	20%

c. Other Regulations.

i. See section 2.07 for permitted uses.

ii. Livestock and domesticated animals shall only be allowed in accordance with the adopted ordinances of the Town.

iii. Non-occupancy storage buildings may be allowed without a main structure for as long as a valid permit for the construction of a main structure is valid.

2. Single-Family-Estate (SF-E) District.

a. General Purpose and Description. The Single-Family-Estate District is intended to accommodate low-density, single-family residential development with detached dwellings on at least one acre in size. It is also appropriate for places of worship, schools, and public parks to provide a balanced, orderly, convenient, and attractive residential area.

b. Dimensional Standards.

Single-Family-Estate District
Height
Maximum Height	Two and a half stories, no greater than 40 feet
Size of Lots
Minimum Lot Area	One acre (43,560 square feet)
Minimum Lot Width	150 feet
Minimum Lot Depth	200 feet
Size of Yards
Minimum Front Yard	40 feet
Minimum Side Yard	15 feet; including on corner adjacent to side street
Minimum Rear Yard	25 feet
Other Dimensional Requirements
Minimum Dwelling Area	1,800 square feet
Maximum Lot Coverage	45% The cumulative area of any driveway plus any other impervious surface area located between the front property line and any front building wall shall not exceed 50% of the area between the front property line and any front building wall.
Minimum Enclosed Garage Area	400 square feet

c. Other Regulations. See section 2.07 for permitted uses.

3. Single-Family-15 (SF-15) District.

a. General Purpose and Description. The Single-Family-15 District is intended to provide for the development of low-density, detached single-family detached dwelling units on a minimum lot size of 15,000 square feet. Other uses, such as religious and educational facilities, parks, and open spaces will be provided to maintain a balanced, orderly, convenient, and attractive residential area.

b. Dimensional Standards.

Single-Family-15 District
Height
Maximum Height	Two stories, no greater than 40 feet
Size of Lots
Minimum Lot Area	15,000 square feet
Minimum Lot Width	100 feet
Minimum Lot Depth	150 feet
Size of Yards
Minimum Front Yard	35 feet
Minimum Side Yard	10 feet
Minimum Corner Lot Side Yard	15 feet Exception: Where a lot sides on a street, the side yard shall not be less than 25 feet
Minimum Rear Yard	25 feet
Other Dimensional Requirements
Minimum Dwelling Area	1,800 square feet
Maximum Lot Coverage	45% The cumulative area of any driveway plus any other impervious surface area located between the front property line and any front building wall shall not exceed 50% of the area between the front property line and any front building wall.
Minimum Enclosed Parking (Garage) Area	400 square feet

c. Other Regulations. See section 2.07 for permitted uses.

4. Single-Family-10 (SF-10) District.

a. General Purpose Description. The Single-Family-10 District is intended to provide for development of primarily detached, single-family detached dwelling units on a minimum lot size of 10,000 square feet. Other uses, such as religious and educational facilities, parks, and open spaces will be provided to maintain a balanced, orderly, convenient, and attractive residential area.

b. Dimensional Standards.

Single-Family-10 District
Height
Maximum Height	Two stories, no greater than 40 feet
Size of Lots
Minimum Lot Area	10,000 square feet
Minimum Lot Width	80 feet
Minimum Lot Depth	125 feet
Size of Yards
Minimum Front Yard	25 feet
Minimum Side Yard	8 feet
Minimum Corner Lot Side Yard	15 feet Exception: Where a lot sides on a street, the side yard shall not be less than 25 feet
Minimum Rear Yard	25 feet
Other Dimensional Requirements
Minimum Dwelling Area	1,800 square feet
Maximum Lot Coverage	45% The cumulative area of any driveway plus any other impervious surface area located between the front property line and any front building wall shall not exceed 50% of the area between the front property line and any front building wall.
Minimum Enclosed Parking (Garage) Area	400 square feet

c. Other Regulations. See section 2.07 for permitted uses.

5. Townhome District.

a. General Purpose and Description. The Townhome District is intended to provide for the development of attached residential dwelling units in structures accommodating three to six units built on adjacent individual lots. This district is a high-density district, not exceeding ten units per acre. The standards in this district are intended to promote stable, quality multiple occupancy residential development at increased densities. Individual ownership of the townhome units is highly encouraged, and each townhome development is required to have an operating Homeowners' Association. Other uses, such as religious and educational facilities, parks, and open spaces will be provided to maintain a balanced, orderly, convenient, and attractive residential area. This zoning district is appropriate in areas designated as High Density Residential on the Future Land Use Plan. Limited amounts of this district may also be appropriate in areas designated as the Dallas North Tollway District or US Highway 380 District on the Future Land Use Plan.

b. Dimensional Standards.

Townhome District
Height
Maximum Height	No greater than 40 feet
Size of Lots
Maximum Density Permitted	Ten Units per acre
Minimum Lot Area	2,500 square feet
Minimum Lot Width	20 feet per dwelling unit
Minimum Lot Depth	100 feet
Size of Yards
Minimum Front Yard	25 feet
Minimum Side Yard	0 feet for the side of a unit that is attached to another one, 10 feet for the side of a unit at the end of a structure, 15 feet on corner lots adjacent to a side street Multiple townhome structures constructed on the same lot shall maintain a minimum separation of 20 feet
Minimum Rear Yard	20 feet
Other Dimensional Requirements
Maximum Lot Coverage	55%
Minimum Open Space	20%
Buildings	Minimum of 3 Units, Maximum of 6 units

c. Other Regulations. See section 2.07 for permitted uses.

6. Multifamily District.

a. General Purpose and Description. The Multifamily District shall be limited to the areas designated in the Comprehensive Plan, as identified on the Future Land Use Plan, and must be in a Planned Development District. The Multifamily District will provide for the development of high density attached residential dwelling units. The standards in this district are intended to promote stable, quality multiple occupancy residential development at high densities. The principal permitted land uses will include apartment complexes. Development shall comply with the Dallas North Tollway Design Guidelines, as it exists or may be amended.

b. Dimensional Standards.

Multifamily District
Height
Maximum Height	No greater than 110 feet
Size of Lots
Minimum Lot Area	The size of lots shall be determined at the time of development.
Density	Maximum of 10 units per acre
Minimum Lot Width	80 feet
Minimum Lot Depth	125 feet
Size of Yards
Minimum Front Yard, Side Yard, Rear Yard	The size of Front, Side, and Rear Yards shall be determined at the time of development.
Other Dimensional Requirements
Maximum Lot Coverage	45%
Minimum Usable Open Space	30%
Minimum Dwelling Area	One or Two Bedrooms-850 square feet Additional Bedrooms-150 square feet per additional bedroom

c. Other Regulations. See section 2.07 for permitted uses.

i. Building Configuration. Multifamily structures shall have a wrap-around configuration that consists of central garage surrounded by the residential units on the exterior of the building. In cases where the residential units do not fully wrap the exterior or are constructed above the garage, the garage shall be cladded to match the appearance of the residential structure.

ii. First Floor. The ceiling height of the first floor shall be a minimum fourteen feet (14') in height. The first floor of the building may be used for residential use or retail uses that are specified in the Planned Development ordinance.

iii. Garage Height. The height of the garage shall not exceed the height of the exterior building and all associated appurtenances, such as an elevator shaft or mechanical equipment, shall be screened.

iv. Previously Approved Planned Development Districts. For any Planned Development District approved by the Town prior to the adoption of this Ordinance, and for which there is no number of multifamily units stated therein, then the permitted number of multifamily units is the number of multifamily units authorized by the Town's Zoning Ordinance on the date of adoption of said Planned Development District.

E. Nonresidential Zoning Districts.

1. Office (O) District.

a. General Purpose and Description. The Office District accommodates a variety of office developments providing professional, financial, medical, and similar services for local residents; corporate offices for regional and national operations; major employment centers for Town, County, and State governmental entities; and service uses necessary to support such office uses. Such uses do require accessibility to major thoroughfares. This zoning district may be appropriate in areas designated as Dallas North Tollway District, U.S. 380 Highway District, or Retail and Neighborhood Services, on the Future Land Use Plan.

b. Dimensional Standards.

Office District
Height
Maximum Height: Main Building	40 feet
Size of Lots
Minimum Lot Area	7,000 square feet
Minimum Lot Width	70 feet
Minimum Lot Depth	100 feet
Size of Yards
Minimum Front Yard	30 feet
Minimum Side Yard	10 feet adjacent to any nonresidential district 25 feet for a one-story building adjacent to any residential district, 40 feet for a two-story building adjacent to any residential district
Minimum Side Yard (F, see Figure 2.04-29)9	25 feet adjacent to a street
Minimum Rear Yard	15 feet Exception: If adjacent to residential use, 60 feet; unless separated by an alley, 20 feet. When adjacent to an arterial street, 25 feet
Other Dimensional Requirements
Maximum Lot Coverage	40%
Maximum Floor Area Ratio	0.5:1
Maximum Floor Area	10,000 square feet; the maximum floor area may exceed 10,000 square feet only if the entire structure is in excess of 200 feet from a residential use or zone

c. Other Regulations. See section 2.07 for permitted uses.

2. Commercial (C) District.

a. General Purpose and Description. The Commercial District is intended predominately for heavy retail, service, light intensity wholesale and commercial uses, but excluding warehousing uses. The nature of uses in this district has operating characteristics and traffic service requirements generally compatible with typical office, retail, and some residential environments. Uses in this district may require open, but screened, storage areas for materials. This zoning district may be appropriate in areas designated as community or regional retail on the Future Land Use Plan.

b. Dimensional Standards.

Commercial District
Height
Maximum Height	40 feet
Size of Lots
Minimum Lot Area	10,000 square feet
Minimum Lot Width	100 feet
Minimum Lot Depth	100 feet
Size of Yards
Minimum Front Yard	30 feet
Minimum Side Yard	15 feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved Site Plan 40 feet for a one-story building adjacent to a residential district and 60 feet for a two-story building adjacent to a residential district
Minimum Side Yard (F, see Figure 2.04-30)[1]	30 feet adjacent to a street
Minimum Rear Yard	15 feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved Site Plan 40 feet for a one-story building adjacent to a residential district and 60 feet for a two-story building adjacent to a residential district
Other Dimensional Requirements
Maximum Lot Coverage	50%
Maximum Floor Area Ratio	0.5:1

[1] Editor's note—So in original.

c. Other Regulations. See section 2.07 for permitted uses.

3. Industrial (I) District.

a. General Purpose and Description. The Industrial District is intended primarily for the conduct of light manufacturing, self-storage facilities, recycling operations, assembling, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. These uses will be indoor operations that will not create significant noise, odor, or pollution. Such uses do require accessibility to major highways, rail lines or other means of transportation. This zoning district is appropriate in areas designated as Business Park on the Future Land Use Plan.

b. Dimensional Standards.

Industrial District
Height
Maximum Height	Not greater than 100 feet. Where buildings or structures exceed 40 feet in height, such buildings or structures shall not be located closer to any residential district boundary line than a distance equal to the sum of the required side or rear yard specified plus twice the height of the building above 40 feet
Size of Lots
Minimum Lot Area	15,000 square feet
Minimum Lot Width	100 feet
Minimum Lot Depth	150 feet
Size of Yards
Minimum Front Yard	50 feet Exception: Where a lot fronts on a designated arterial street, such front yard shall not be less than 35 feet
Minimum Side and Yards	30 feet adjacent to a nonresidential district 60 feet adjacent to a residential district 50 feet adjacent to a street
Minimum Rear Yards	30 feet adjacent to a nonresidential district 60 feet adjacent to a residential district
Additional Setback	For structures requiring railroad access, setback requirements from the centerline of the railroad right-of-way shall be in accordance with applicable state law
Other Dimensional Requirements
Floor Area Ratio	Maximum 1:1

c. Other Regulations. See section 2.07 for permitted uses.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.05 Planned Development District.

A. General Purpose and Description. The Planned Development (PD) District is a district that accommodates planned associations of uses developed as integral land use units such as 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 that may be planned, developed, or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to insure against misuse of increased flexibility.

No request for establishment or amendment of a zoning district, including a request to establish or amend a Planned Development District, or a conceptual plan or development plan incorporated therein, nor application for a site plan or other permit authorized by these zoning regulations shall be accepted for filing or processing unless such request is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the UDC. The acceptance or processing by any Town Official of a zoning request or zoning permit application prior to the time a complete application is submitted hereby is deemed to be null and void and, upon discovery, shall be grounds for denial or revocation of such application. A typographical error shall not constitute an incomplete application. The applicant will be notified of, and the reasons for, such denial or revocation within ten business days of the official application date. If an application has been submitted but is incomplete and no revisions have been made and resubmitted within six (6) months of the original submission date, it will be closed and the applicant shall submit a new application.

B. Planned Development Regulations.

1. Development requirements for each PD District shall be set forth in the amending ordinance granting that PD District and shall include, but may not be limited to; base district(s), uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, architectural standards, project phasing or scheduling, management associations, and other requirements as the Town Council and/or Planning and Zoning Commission may deem appropriate.

2. PD Districts will have standards and regulations unique to the specific development being proposed. Said standards and regulations should be specified in the application.

3. The ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein, including a general statement citing the reason for the PD request. The ordinance granting a PD District shall also include a proposed development schedule for the PD District.

4. The PD District shall conform to all sections of the UDC unless specifically addressed in the granting ordinance.

C. Conceptual Development Plan. In establishing a PD District in accordance with this UDC, the Town Council shall approve and file as part of the amending ordinance appropriate exhibits and standards for each PD District. To facilitate understanding of the request during the review and public hearing process, the Planning and Zoning Commission and/or Town Council may require a Conceptual Development Plan that illustrates graphically the standards contained therein.

1. Any applicant requesting approval of a PD District shall schedule a pre-submittal meeting with the Director of Development Services, or their designee, to determine whether a conceptual development plan is to be submitted with the PD zoning request.

2. If it is determined that a conceptual development plan is necessary, this plan shall be submitted by the applicant at the time of the PD zoning request. The plan shall show the applicant's intent for the use(s) of the land within the proposed PD District in a graphic manner and supported by written documentation of proposals and standards for development. Dependent on the nature of the PD request, this plan may be submitted as a residential plan, nonresidential plan, or a mixed-use combination of the two. For a mixed-use development, the plan shall comply with requirements for both the residential and nonresidential plans.

a. Residential Conceptual Development Plan. A conceptual development plan for residential land use shall show in a graphic format the proposed general land use, streets, thoroughfares and preliminary lot arrangements. The applicant shall submit text material to further explain the characteristics of the plan, including but not limited to, the size, type and location of buildings and building sites, access, density, building height, screening, parking areas, landscaped areas, useable open space, project scheduling, and other pertinent development data.

b. Nonresidential Conceptual Development Plan. A conceptual development plan for non-residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. The plan may include, but is not limited to, the types of use(s), topography and boundary of PD area, proposed ingress and egress, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval that is to be used in preparing the final development plan(s).

D. Conformance to the Conceptual Development Plan. Plats and/or Site Plans submitted for the development of the PD District shall conform to the data presented and approved on the conceptual development plan. Changes of detail on these final development plan(s) that differ from the conceptual development plan may be authorized by the Planning and Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not:

1. Alter the basic relationship of the proposed development to adjacent property;

2. Alter the uses permitted;

3. Increase the density;

4. Increase the building height;

5. Increase the coverage of the site;

6. Reduce the off-street parking ratio;

7. Reduce the building lines provided at the boundary of the site; or

8. Significantly alter any open space plans.

If the Planning and Zoning Commission determines that the proposed change(s) violates one or more of the above eight criteria, then a public hearing must be held to adequately amend the PD District's granting ordinance prior to the Planning and Zoning Commission's approval of the final development plan(s).

E. Procedure.

1. The procedure for establishing a PD District shall follow the procedure for zoning amendments as set forth in subsection A.

2. If no development has occurred in the PD District within five (5) years from the date of adoption of the granting ordinance, the Planning and Zoning Commission and Town Council may review the original conceptual development plan to ensure its continued validity. If the Town determines the concept is not valid, a new conceptual development plan shall be approved prior to the Town issuing a building permit for any portion of the PD District.

3. All PD Districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such PD Districts, together with the category of uses permitted therein, shall be maintained by the Planning Division.

4. Owners of property within a PD District may request rezoning for only the portion of the PD District they own. Notice of such rezoning will be based on the boundary of the portion of the PD District being rezoned rather than the entire PD District. In considering the request, the Planning and Zoning Commission and Town Council shall evaluate the effect of the rezoning on the remaining property within the PD District. If the Planning and Zoning Commission or Town Council determine that the rezoning necessitates adjustments to the terms and conditions of the original PD District, the zoning case to rezone the portion of the PD District will be tabled so that the Town can initiate a zoning case for the remainder of the PD District and first consider amendments to the terms and conditions of the original PD District.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.06 Specific Use Permits.

A. General Purpose and Description. This provides the Town with an opportunity to approve, conditionally approve, or deny identified specific uses that may be permitted in specified zoning districts. These uses generally have, among other things, unusual nuisance characteristics or are of a public or semi-public character and are often essential or desirable for the general convenience and welfare of the community. However, because of the nature of the use, the importance of the use's relationship to the Comprehensive Plan, and possible adverse impacts on neighboring properties review, evaluation, and exercise of sound planning judgment relative to the location and Site Plan are required.

B. Procedure.

1. All SUP applications shall be accompanied by a Site Plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.

2. The Planning and Zoning Commission or Town Council may require additional information or drawings (such as, among other things, building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.

C. Specific Use Permit Regulations.

1. In recommending that a SUP for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to, among other things, requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, area or security lighting, heights of structures, and compatibility of buildings. The Planning and Zoning Commission and Town Council shall consider the following criteria in determining the validity of the SUP request:

a. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?

b. Are the activities requested by the applicant normally associated with the requested use?

c. Is the nature of the use reasonable?

d. Has any impact on the surrounding area been mitigated?

2. In granting an SUP, the Town Council may impose conditions that shall be complied with by the owner or grantee before a Certificate of Occupancy (CO) may be issued by the Building Official for use of the building on such property pursuant to such SUP and such conditions precedent to the granting of the CO. Any special conditions shall be set forth in writing by the Town Council prior to the issuance of the CO.

3. No SUP shall be granted unless the applicant, owner and grantee of the SUP shall be willing to accept and agree to be bound by and comply with the written requirements of the SUP as attached to the Site Plan drawing(s) and approved by the Planning and Zoning Commission and Town Council.

4. If required, a building permit shall be applied for and secured within twelve months of approval of the SUP. If the Site Plan has not been approved and a permit not received within the 12-month time frame, the Town Council may authorize an extension of six (6) months upon recommendation by the Planning and Zoning Commission. If the six-month extension period lapses, the Planning and Zoning Commission and Town Council may review the Site Plan for continued validity. If the Site Plan is determined to be invalid, the property owner(s) must submit a new or revised Site Plan for approval prior to any construction or application for building permits for the area designated for the SUP.

5. A building, premises, or land used under a SUP may be enlarged, modified, structurally altered, or otherwise changed. provided the changes do not:

a. Increase the height of structures, including, without limitation, antenna support structures.

b. Increase building square footage from its size at the time the original SUP was granted by greater than 10%;

c. Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the Town's Thoroughfare Plan; or

d. Reduce the amount of open space as indicated on the previously approved zoning exhibit.

All other enlargements, modifications, structural alterations, or changes shall require the approval of a new SUP.

6. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any SUP.

7. When the Town Council authorizes granting of a SUP, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an "S" designation. SUPs granted shall be indicated by numerical designation on the zoning district map.

8. Upon holding a properly notified public hearing, the Town Council may amend, change, or rescind a SUP if:

a. There is a violation and conviction of any of the provisions of this chapter or any ordinance of the Town that occurs on the property for which the SUP is granted.

b. The building, premise, or land used under a SUP is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate SUP for such enlargement, modification, structural alteration, or change.

c. Violation of any provision of the terms or conditions of a SUP.

d. Ad valorem taxes on the property are delinquent by more than six (6) months.

e. The SUP was obtained by fraud or with deception.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.07 Permitted Uses and Use-Based Standards.

A. Permitted Uses By District.

1. 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 subsection C and in accordance with section 1.03 and the provisions of this UDC.

2. Legend. The use of land and/or buildings shall be in accordance with those listed in the following use chart. No land or building shall hereafter be used, and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the use chart are:

•	Designates use permitted in the zoning district indicated
(Blank)	Designates use prohibited (i.e., not allowed) in the zoning district indicated
S	Designates use is permitted upon approval of a Specific Use Permit
1	Designates use is permitted in the zoning district indicated if conditional development standards or limitations in the corresponding numeric end notes in subsection D are complied

3. Unlisted Uses. If a use is not listed (or is blank) on the Schedule of Uses charts, it is not allowed in any zoning district (see subsection B below.

B. 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:

1. The Director of Development Services shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation 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.

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

3. 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 a determination concerning the zoning district(s) and classification of such use as it determines appropriate.

4. 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 this article? shall be followed for determination of the new standard.

C. Schedule of Uses. The Schedule of Uses appears on the following chart.

Key | • = Allowed | S = Specific Use Permit	Base Zoning Districts↓							Conditional Development Standards (subsection D)	Required Parking
Land Use ↓	A	SF	TH	MF	O	C	I
Residential Uses
Manufactured Home	•								4/DU
Model Home		•	•						4/DU
Multifamily Dwelling				•					2 spaces for one- and two-bedroom units, plus one-half additional space for each additional room.
Private Street Development		34	34					34
Retirement Housing				S					1/5 beds
Single-Family Dwelling, Detached	•	•	41	41				41	2/DU
Townhome (Attached Single-Family Dwelling)			•						2/DU
Accessory and Incidental Uses
Accessory Building	•	•	•	•					N/A (refer to primary use)
Caretaker's/Guard's Residence					•	•	•		1 | 1 + 1/GR
Construction Yard and Field Office, Temporary	TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL
Guest House	23	23						23	N/A (refer to primary use)
Helistop					S	S	S		N/A (refer to primary use)
Home-Based Business	24	24	24	24				24
Mobile Food Vendor						S		28
Outdoor Merchandise Display, Incidental						S
Outdoor Merchandise Display, Temporary						31		31
Outside Storage, Incidental						S
Residential Garage Loft	37	37						37
Retail/Service Incidental Use					•	•	•
Temporary Building	42	42	42	42	42	42	42	42
Educational, Institutional, Public, and Special Uses
Airport/Heliport							S		N/A
Assisted Care or Living Facility				•	S	S	•		1/5 beds
Athletic Stadium/Field or Sports Arena, Private	5	5	5	5	5	5	•	5	1/4 seats or bench seating spaces
Athletic Stadium/Field or Sports Arena, Public	S	S	S	S	S	S	S
Cemetery or Mausoleum	S	S	S	S	S	S			Min. 1/Acre and Max. 1/1000 SF Indoor Space
Civic/Convention Center					•	•	•
College, University, Trade, or Private Boarding School					•	•	•		1/each day student
Community Center					•	•	•		10 spaces plus 1/300 SF of GFA exceeding 2,000 SF
Community Home	17	17	17	17				17	1 per guest room
Farm, Ranch, Stable, Garden, or Orchard	•	S	S	S	S	S	S		N/A (refer to other categories for accessory uses like event space)
Food Pantry	19							19	Max 1/500 SF
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority					S	S			1/200 SF
Hospital					S	S			1/employee on the largest shift, plus 1.5/bed
Household Care Facility		•	•	•					Max. 1/1,000 SF
House of Worship	•	•	•	•	•	•	•		1/3 seats in the main auditorium
Municipal Uses Operated by the Town of Prosper	•	•	•	•	•	•	•		Approval by Director
Museum/Art Gallery/Community Center/Library					•	•	•		10 parking spaces plus 1/300 SF of floor area in excess of 2,000 SF. If an auditorium is part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of 1/4 seats
Park or Playground	•	•	•	•	•	•	•		Min. 2/acre
Private Amenity Center		•	•	•					1 per 300 SF Indoor Space and 1 per 3,000 SF Outdoor Space
Rehabilitation Care Facility	36	36	36	36				36	1/500 SF 1/250 SF
Rehabilitation Care Institution					S	S	S		1 per 1,000 SF
School, Elementary, Middle, Public	•	•	•	•	•	•			1.5/classroom or 1/200 SF, whichever is greater
School, High School, Public	•	•	•	•	•	•			1.5/classroom plus 1/5 students or 1/200 SF, whichever is greater
School, Private or Parochial	S	S	S	S	S	S			1.5/classroom or 1/200 SF, whichever is greater (Elementary, Middle) 1.5/classroom plus 1/5 students or 1/200 SF, whichever is greater (High School)
Transportation, Utility, and Communications Uses
Antenna and/or Antenna Support Structure, Non-Commercial	3	3	3	3	3	3	3	3	N/A
Stealth Antenna, Commercial	4	4	4	4	4	4	4	4
Bus Terminal						11	11	11	1/employee | 1/1000 SF
Commercial Drone Delivery Hubs						16	16	16
Electric Power Generating Plant							S		Min. 3 spaces
Landfill							S
Office and Storage Area for Public/Private Utility						•	•
Private Utility, Other Than Listed	•	•	•	•	•	•	•
School District Bus Yard	40	40	40	40	40	40	40	40	Min 1/1,000 SF Indoor Space
Sewage Treatment Plant/Pumping Station	S	S	S	S	S	S	S		Min. 1/1,000 SF
Telephone Exchange	S	S	S	S•	•	•
Transit Center					•	•
Utility Distribution or Transmission Facility	S	S	S	S	S	S	S
Water Treatment Plant	S	S	S	S	S	S	S
Wind Energy System	PROHIBITED IN ALL DISTRICTS
Wireless Communications and Support Structures	48	48	48	48	48	48	48	48	1/employee
Office and Professional Uses
Administrative					•	•	•		1/350SF
Governmental Office					•	•	•		1/350 SF
Medical					•	•	•		1/250 SF
Professional					•	•	•		1/350 SF
Research and Development Center						38	38	38	1/employee but no less than 1/1,1000 SF
Retail Uses
Antique Shop and Used Furniture						•			2 plus 1/300 SF of GFA exceeding 1,000 SF
Alcoholic Beverage Sales						2	2	2	1/250 SF
Big Box						S			Min. 1/250 SF
Building Material and Hardware Sales, Major						S	•		2 + 1/300 SF of GFA exceeding 1,000 SF
Building Material and Hardware Sales, Minor						•	•
Convenience Store with Gas Pumps						18,22		18,22	3 spaces plus 1/250 SF.
Convenience Store without Gas Pumps						S			1/250 SF
Equipment and Machinery Sales and Rental, Major						S	•		2 plus 1/300 SF of GFA exceeding 1,000 SF
Equipment and Machinery Sales and Rental, Minor						•
Farmer's Market						•			1/500 SF
Feed Store						S	S		1/250 SF
Flea Market, Inside						S			1/500 SF
Furniture, Home Furnishings, Appliance Store						•			2 plus 1/300 SF of GFA exceeding 1,000 SF
Nursery, Major	30							30	1/250 SF
Nursery, Minor						•
Pawn Shop							•
Repair/Service, Clothing or Shoe						•			2 plus 1/300 SF of GFA exceeding 1,000 SF
Retail Stores and Shops						•
Service Uses
Alcoholic Beverage Establishment						1		1	1/500 SF
Artisan's Workshop						•			1/250 SF
Bank, Savings and Loan, or Credit Union					•	•	•		1/350 SF
Beauty Salon/Barber Shop						•			1/250 SF
Bed and Breakfast Inn	S	S			S	•			1/GR plus 4/DU
Body Art Studio							10	10	1/250 SF
Business Service					•	•	•
Cabinet/Upholstery Shop						•	•		2 + 1/300 of GFA exceeding 1,000 SF
Campground or Recreational Vehicle Park	S								1/camping or RV space, the max number of spaces shall not exceed 25 units per acre
Catering						•			1/350 SF
Child Care Center, Licensed	15	15	15	15	15	15		15	1/10 Students plus 1 per Teacher
Child Care Center, Home	14	14						14	1/employee plus 1/1,000 SF
Child Care Center, Incidental					S	S			1/10 Students plus 1 per Teacher
Commercial Amusement, Indoor					S	•	S		1/3 Guests at max. capacity
Commercial Amusement, Outdoor						S	S
Contractor's Shop and/or Storage Yard						S	•		1/500 SF
Day Care Center, Adult	S	S	S	S	S	S
Dry Cleaning, Major						S	•
Dry Cleaning, Minor					•	•	•
Fairgrounds or Exhibition Area						S	S		1/500 SF of outdoor or exhibition area
Food Truck Park						20		20	1Min. 1/200 SF
Fortune Teller/Psychic							•		1/300 SF
Funeral Home						21	21	21	1/50 SF of GFA in Slumber Rooms, Parlors, or Individual Funeral Service Rooms
Furniture Restoration						•	•		2 plus 1/300 SF of GFA exceeding 1,000 SF
Golf Course and/or Country Club	•	•	•	•	•	•	•		5/Hole plus 1/150 SF or 1/5 members, whichever is greater
Gymnastics/Dance Studio						•			1/200 SF of exercise area
Health/Fitness Center					S	•	S
Hotel, Full Service						25		25	1/GR plus 1/200 SF of commercial area
Hotel, Limited Service						26		26
Hotel, Residence/Extended Stay						27		27
Indoor Gun Range						S	•		1/250 SF
Laundromat						S
Locksmith/Security System Company						•	•
Massage Therapy, Licensed						•	•
Massage Therapy, Unlicensed							S
Meeting, Banquet, or Reception Facility						S			1/200 SF
Pet Day Care						32		32	1/250 SF
Print Shop, Major						•	•		1/Employee on Max. Shift but no less than 1/1,000 SF of GFA
Print Shop, Minor					•	•	•		1/Employee on Max. Shift but no less than 1/1,000 SF of GFA
Private Club	33	33	33	33	33	33		33	1/75 SF
Repair Service, Indoor						•	•		1/250 SF
Restaurant					39	39		39	1/75 SF for stand-alone building, 1/100 SF if located within a multi-tenant building or stand-alone building with a drive-through
Sexually Oriented Uses
Small Engine Repair Shop						•	S		Min 1/500 SF
Stable, Commercial							•
Taxidermist						•	•
Theater, Drive In							•		Min. 1/1,000 SF
Theater, Neighborhood						•	S		1/4 seats
Theater, Regional						•
Trailer Rental						S	•		Min. 1/250 SF
Veterinarian Clinic and/or Kennel, Indoor or Outdoor						46	46	46
Automobile and Related Uses
Auto Parts Sales, Inside						•	•		Min. 1/1,000 SF of Showroom, Waiting, or Office area and 1/4,000 SF of Storage and Display area and 2/Work Bay
Auto Parts Sales, Outside							•		1/1,000 SF
Automobile Parking Lot/Garage (secondary use only)					•	•	•		1/500 SF
Automobile Paid Parking Lot/Garage (secondary use only)					S	•	•
Automobile Repair, Major						6	6	6	3/service bay plus 1 per max number of employees on a shift
Automobile Repair, Minor						7	7	7	1/service bay plus 1 per max number of employees on a shift
Automobile Sales/Leasing, New						8	8	8	1/500 SF, these required spaces may not be used to store or display automobiles for sale
Automobile Sales, Used						9	9	9
Automobile Storage						S	•
Car Wash, Automatic						12	12	12	1/500 SF or 1 per employee, whichever is greater
Car Wash, Self-Serve						13		13	1/500 SF of gross floor area or 1/employee, whichever is greater, Stacking and/or self-service areas shall not count toward required parking
Motorcycle Sales/Service						29	29	29	1/500 SF, these required spaces may not be used to store or display motorcycles for sale
Recreational Vehicle/Truck Parking Lot or Garage						S	•		Office area and 1/4,000 SF of Storage
Recreational Vehicle Sales and Service, New/Used						35	35	35	1/500 SF, these required spaces may not be used to store or display RVs for sale
Salvage Yard							S		Office area and 1/4,000 SF of Storage
Truck/Bus Repair							43	43	Office area and 1/4,000 SF of Storage and Display area and 2/Work Bay
Truck Sales, Heavy Trucks						44	44	44	1/500 SF, these required spaces may not be used to store or display trucks for sale
Truck Terminal/Truck Stop							45	45	1 truck parking space/10,000 SF of site area plus 1 vehicle parking space per 200 SF of building area
Wholesale Uses
Office/Showroom						•	•		1/350 SF (Office), 1/1,000 SF (Warehouse)
Office/Warehouse or Distribution Center						S	•
Storage or Wholesale Warehouse						S	•
Winery	47					•	•	47
Manufacturing and Industrial Uses
Concrete/Asphalt Batching Plant, Permanent							S		1/1,000 SF
Concrete/Asphalt Batching Plant, Temporary	TEMPORARY BLDG PERMIT ISSUED BY BLDG OFFICIAL
General Manufacturing and Industrial Use Complying with Performance Standards						S	•		1/employee on the max working shift but not less than 1/1,000 SF
Limited Assembly and Manufacturing Use Complying with Performance Standards						S	•
Machine Shop						S	•
Mineral Extraction							S
Mini-Warehouse/Public Storage							•		1/1,000 SF or 1/max number of employees on a shift
Miscellaneous Hazardous Industrial Uses							S		1/employee on the max working shift but not less than 1/1,000 SF
Portable Building Sales							S
Recycling Center						S	•		1/employee on the max working shift but not less than 1/1,000 SF
Recycling Collection Point					S	S	S
Recycling Plant							•
Trailer/Mobile Home Display and Sales							S

DU = Dwelling Unit

GR = Guest Bedroom

Max. = Maximum

GFA = Gross Floor Area

Min. = Minimum

SF = Square Feet

D. Conditional Development Standards.

1. Alcoholic Beverage Establishment.

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

b. The Alcoholic Beverage Establishment rules apply to wine bars, tasting rooms, and breweries.

c. An Alcoholic Beverage Establishment is permitted only by Specific Use Permit in the Commercial zoning district.

d. The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in Texas Alcoholic Beverage Code § 109.331, as amended.

e. An Alcoholic Beverage Establishment shall not be located within:

i. 800 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 Single-Family, Townhome, Multifamily, and Residential Planned Development Districts;

ii. 1,000 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

iii. 1,000 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.

f. 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.

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

2. Alcoholic Beverage Sales. Alcoholic Beverage Sales, as defined by the Prosper UDC, as amended, shall mean any establishment, place of business or person engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premise personal or household consumption.

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

b. Alcoholic Beverage Sales are permitted only in the Commercial and Industrial zoning districts.

c. Beer sales are not permitted in residential zoning districts.

d. Pursuant to the Town Charter, the sale of liquor, as defined in the Texas Alcoholic Beverage Code, as amended, shall be prohibited by a person or entity holding a package store permit, as described in the Texas Alcoholic Beverage Code, as amended, in any zoning district which allows, in whole or in part, residential development in the Town.

e. Alcoholic Beverage Sales shall not be located within the following:

i. 300 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 Texas Alcoholic Beverage Code § 109.53, as amended; or

ii. 1,000 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:

(a) Minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to Texas Alcoholic Beverage Code § 109.53, as amended;

(b) The holder of a retail off-premise consumption permit or license if less than 50% of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or

(c) The holder of a license or permit issued under Texas Alcoholic Beverage Code Chs. 27, 31 or 72, as amended, who is operating on the premises of a private school.

f. 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:

i. 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

ii. 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.

g. In accordance with Texas Alcoholic Beverage Code § 109.33, as amended, in this section, "private school" means a private school, including a parochial school, that:

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

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

h. 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 section, 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.

3. Antenna, Non-Commercial.

a. Satellite Dishes and Wireless Broadband Antennas.

i. In the A and SF 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.

ii. 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 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.

b. Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 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 6 feet above the first story.

c. Antennas on existing structures like water towers and light poles shall require a Specific Use Permit if ground equipment is proposed. If ground equipment is not proposed, no Specific Use Permit is required.

4. Antenna, Stealth.

a. All Stealth antennas shall require a SUP regardless of if they are a primary or secondary use in residential districts.

b. Stealth antennas are required to have a SUP the nonresidential districts.

c. The Director of Development Services, or their 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.

d. For stealth antenna requests of a type that are not specifically listed in this definition, the Planning and Zoning Commission may determine if a proposed commercial antenna is a stealth antenna or not when considering Site Plan approval for the proposal.

e. Antennas on existing structures like water towers and light poles shall require a Specific Use Permit if ground equipment is proposed. If ground equipment is not proposed, no Specific Use Permit is required.

5. Athletic Stadium/Field or Sports Arena, Private. Permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial.

6. Automobile Repair, Major.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

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

7. Automobile Repair, Minor.

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

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

c. 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.

8. Automobile Sales/Leasing, New.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

9. Automobile Sales/Leasing, Used.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

c. 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.)

10. Body Art Studio. The studio must be at least 1,000 feet from any other body art studio, residential zoning district, church, public, private, or parochial school, and day care.

11. Bus Terminal. Permitted by Specific Use Permit in the Commercial and Industrial districts. Bus parking and storage areas will be screened with a six-foot ornamental metal fence, 3-inch caliper evergreen trees on 20-foot centers, and 5-gallon evergreen shrubs on three-foot centers located within a 15-foot landscape edge.

12. Car Wash, Automatic.

a. The distance requirement from any residential zoning district as established in section 2.04D shall apply. The car wash bay shall be required to be parallel to the street and not perpendicular.

13. Car Wash, Self-Serve.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

14. 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.

15. Child Care Center, Licensed, Day Care Center, and Similar Facilities. 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. All childcare centers shall provide outdoor play space at a rate of 65 square feet per child. This requirement shall be based on the maximum licensed capacity of the facility. The outdoor play space shall have no dimension of less than 30 feet. If the facility provides care to all children for less than four hours per day, this requirement may be waived by the Town Council. Outdoor play space is defined as the area used for outside recreational purposes for children. The outdoor play area must be enclosed by a fence of at least 4 feet in height with at least two emergency exits. One exit may be an entrance to the building. The adequacy of the emergency exits shall be determined by the Fire Chief or their designee.

16. Commercial Drone Delivery Hubs. These regulations apply to a commercial drone delivery hub use.

a. Commercial Drone Delivery Hubs:

i. A commercial drone delivery hub is allowed with a Specific Use Permit in the Commercial and Industrial districts when the requirements of this section are met.

ii. 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.

b. Drone Staging Areas:

i. The drone staging area must be designated on an approved Site Plan.

ii. The drone staging area must not be placed:

(a) Within any required building setbacks;

(b) Within any required landscape buffer;

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

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

iii. 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 UDC. Landing pads are exempt from this screening requirement. The Planning and Zoning Commission may waive these requirements with approval of a Site Plan.

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

(a) Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements of this UDC; and

(b) 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.

v. Antennas and antenna support structures are subject to the requirements of this UDC.

vi. Proximity to Noise-Sensitive Uses.

(a) 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.

(b) 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.

c. Parking and Loading.

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

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

iii. 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.

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

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

17. 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.

18. Convenience Store with Gas Pumps. Convenience Stores with Gas Pumps shall require approval of an SUP and subject to the following development standards:

a. 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;

b. Gas pumps are permitted at a maximum of two corners at an intersection of two major thoroughfares;

c. The distance requirement from any residential zoning district as established in section 2.04D shall apply;

d. Canopies shall have pitched roofs and shall be built of materials compliant with International Building Code standards and which demonstrate durability and resistance to weathering, fading, and corrosion;

e. Canopy support columns shall be made of materials compliant with International Building Code standards and which demonstrate durability and resistance to weathering, fading, and corrosion;

f. Canopy structures shall be at least 14 feet tall and a maximum of 25 feet tall.

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

h. Use shall be removed if closed for more than six months.

19. Food Pantry. A food pantry shall be subject to the following development standards:

a. All food in storage must meet Town public health regulations.

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

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

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

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

20. Food Truck Park. Permitted by Specific Use Permit in the referenced districts, subject to the following standards:

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

b. Mobile food vendors may be located on private property with the written consent of the owner and an application including a Site Plan from the owner that identifies permitted locations;

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

d. 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.

21. Funeral Home. On-site cremation services shall require a Specific Use Permit.

22. Gas Pumps. Gas pumps shall be subject to the following development standards:

a. 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;

b. Gas pumps are permitted at a maximum of two corners at an intersection of two major thoroughfares;

c. Canopies shall have pitched roofs and shall be built of materials compliant with International Building Code standards and which demonstrate durability and resistance to weathering, fading, and corrosion;

d. Canopy support columns shall be built of materials compliant with International Building Code standards and which demonstrate durability and resistance to weathering, fading, and corrosion;

e. Canopy structures shall be at least 14 feet tall and a maximum of 25 feet tall;

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

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

23. Guest House. A guest house shall be subject to the following development standards:

a. The guest house, if detached, shall be located on a lot or tract containing a minimum of 1 acre and shall be permitted in the Agricultural and Single-Family Districts as an accessory residential use.

b. 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.

c. The guest house shall be located on the same lot or tract as the existing primary dwelling and shall be constructed only upon issuance of a building permit.

d. 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.

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

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

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

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

i. 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; it shall be included with the sale of the primary dwelling.

j. Setback requirements shall be the same as for the main structure. The guest house shall not be located within the required setbacks of the primary dwelling.

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

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

m. The maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas shall not exceed 50% 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.

n. 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.

24. Home-Based Business. In accordance with HB2464, 2025, TLGC section 229.902,[1] a "no-impact home-based business" means:

a. Has at any time on the property where the business is operated a total number of employees and clients or patrons of the business that does not exceed the municipal occupancy limit for the property;

b. Does not generate on-street parking or a substantial increase in traffic through the area;

c. Operates in a manner in which none of its activities are visible from a street; and

d. Does not substantially increase noise in the area or violate a municipal noise ordinance, regulation, or rule;

e. The governing body of a municipality may not adopt or enforce an ordinance, regulation, or other measures that:

i. Prohibits the operation of a no-impact home-based business;

ii. Requires a person that operates a no-impact home-based business or that owns the property where the business is operated to obtain a license, permit, or other approval to operate the business; or

iii. Requires a person that operates a home-based business or that owns the property where the business is operated to:

(a) Rezone the property for a non-residential use; or

(b) Install a fire sprinkler protection system if the residence where the business is operated consists only of:

(i) A single-family detached residential structure; or

(ii) A multifamily residential structure with not more than two residential units.

f. The home-based business shall be clearly incidental and secondary to the use of the premises for residential purposes.

g. The governing body of a municipality may:

i. Require that a home-based business be:

(a) In compliance with federal, state, and local law, including:

(i) A municipal fire and building code; and

(ii) A municipal regulation related to:

(A) Health and sanitation;

(B) Transportation or traffic control;

(C) Solid or hazardous waste; or

(D) Pollution and noise control;

(b) Compatible with the residential use of the property where the business is located; and

(c) Secondary to the use of the property as a residential dwelling; and

ii. Limit or prohibit the operation of a home-based business that:

(a) Sells alcohol or illegal drugs;

(b) Is a structured sober living home; or

(c) Is a sexually oriented business as defined by Texas Local Government Code § 243.002.

iii. In addition to the regulations of HB2464, 2025, TLGC section 229.902,[2] the following guidelines below are required of "no impact home-based occupations."

[2] Editor's note—See Texas Local Government Code § 229.902.

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

i. 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-based business displayed on the exterior of the vehicle.

j. No traffic shall be generated by a home-based business 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.

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

l. Uses permitted as home-based business, with no impact, shall include the following:

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

ii. 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;

iii. Author, artist, sculptor;

iv. Dressmaker, seamstress, tailor, milliner;

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

vi. Swimming lessons or water safety instruction provided that a maximum of six (6) pupils may be present at any one time:

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

viii. 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;

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

x. Internet based businesses; and

xi. 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.

m. Uses prohibited as home-based business, with no impact shall include, but are not limited to the following:

i. Animal hospital, commercial stable, kennel;

ii. Hair or Nail Salon/Barbershop;

iii. Boarding house or rooming house;

iv. Schooling or instruction with more than five pupils;

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

vi. 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;

vii. Cabinetry, metal work, or welding shop;

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

ix. On-premise retail or wholesale sale of any kind, except cottage food items produced entirely on premises;

x. Commercial clothing laundering or cleaning;

xi. Mortuary or funeral home;

xii. Trailer, vehicle, tool, or equipment rental;

xiii. Antique, gift, or specialty shop;

xiv. Office or storage facility for a vehicle fleet operation; and

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

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

o. Appeal of the Director's Home-Based Business Determination. If the applicant disagrees with the determination of the Director of Development Services, the applicant may appeal to the Planning and Zoning Commission.

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

[1] Editor's note—See Texas Local Government Code § 229.902.

25. Hotel, Full Service. Full-Service Hotel developments shall be subject to the following development standards:

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

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

c. Shall provide at least four amenities from the list below:

i. Indoor/Outdoor Pool.

ii. Spa/Sauna.

iii. Weight Room/Fitness Center.

iv. Playground.

v. Sports Court.

vi. Game Room.

vii. Jogging Trail.

d. Shall provide a full-service restaurant offering three meals a day with room service.

e. Shall provide a minimum total of 20,000 square feet of meeting/event space.

f. No more than 5% of the total number of guest rooms shall have cooking facilities.

g. All room units must be accessed through an internal hallway, lobby, or courtyard.

26. Hotel, Limited Service. Limited-Service Hotel developments shall be subject to the following development standards:

a. A Specific Use Permit is required.

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

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

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

e. Shall provide at least four amenities from the list below:

i. Indoor/Outdoor Pool.

ii. Spa/Sauna.

iii. Weight Room/Fitness Center.

iv. Playground.

v. Sports Court.

vi. Game Room.

vii. Jogging Trail.

viii. Conference Room (1,000 square foot minimum).

f. Shall provide daily housekeeping.

g. The guest rooms shall not contain any cooking facility that includes a conventional oven, convection oven, stove top burner, grill, hibachi or hotplate.

27. Hotel, Residence/Extended Stay. Residence/Extended Stay Hotel developments shall be subject to the following development standards:

a. A Specific Use Permit is required.

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

c. Shall provide laundry facilities on-site for guest use.

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

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

f. Shall provide at least five amenities from the list below:

i. Indoor/Outdoor Pool.

ii. Spa/Sauna.

iii. Weight Room/Fitness Center.

iv. Playground.

v. Sports Court.

vi. Game Room.

vii. Jogging Trail.

viii. Conference Room (1,000 square foot minimum).

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

h. Shall maintain 15% of the lot area as outdoor open space, exclusive of required setbacks and parking areas, but including amenities from the above list except for the indoor pool and conference room(s) shall not count toward meeting the open space requirement. The minimum 15% open space may be reduced by the Town Council upon approval of a Specific Use Permit providing evidence of other amenities meeting the intent of the open space requirement.

i. Shall provide daily housekeeping.

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

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

l. Shall be permitted only with frontage along US 380, Preston Road, or the Dallas Parkway.

28. Mobile Food Vendor. Mobile food vendors are subject to the following regulations:

a. Mobile food vendors are permitted by a Specific Use Permit in the Commercial zoning district;

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

c. Mobile food vendors shall provide the Town with a copy of written permission from the property owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile vendor and their customers access to a commercially plumbed public restroom on-site;

d. A mobile food vendor shall submit a Site Plan depicting the location of the mobile food vendor on the property, shall secure a health permit from the Town, and a permit from Building Inspections prior to the operation of such use;

e. Temporary connections to potable water are prohibited. Water shall be from an internal tank, and electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance with the Electrical Code as adopted by the Town, including amendments thereto;

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

g. 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;

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

i. The operator shall possess a Town tax certificate shown as paid;

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

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

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

m. Mobile food vendors are prohibited in a temporary building.

29. Motorcycle Sales/Service.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

30. Nursery, Major. Permitted by Specific Use Permit in an Agricultural zoning district if designated as nonresidential on the Future Land Use Plan.

31. Outdoor Merchandise Display, Temporary.

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

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

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

32. Pet Day Care. Permitted by right subject to the following standards:

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

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

c. Overnight boarding of animals and outdoor kennels are prohibited.

d. Provisions must be made for the sanitary disposal of all animal waste in accordance with the Animal Control ordinance and Building Codes, as they exist or may be amended.

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

a. A Private Club is permitted only by Specific Use Permit in the Commercial zoning district. A Private Club is also permitted by a Specific Use Permit as an accessory use in any zoning district only when in conjunction with the operation of a golf course.

b. The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in Texas Alcoholic Beverage Code § 109.331, as amended.

c. A Private Club shall not be located within:

i. 800 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 Single-Family, Townhome, Multifamily, and residential Planned Development Districts;

ii. 1,000 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

iii. 1,000 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.

d. Measurement for the distance between a Private Club and the uses listed above or the nearest residential zoning district shall be in a direct line from the Property Line of the applicable use listed above or the nearest residential zoning district to the Property Line of the Private Club, and in a direct line across intersections.

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

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

ii. The application shall contain all required information on the form.

iii. The Director of Development Services or their designee shall set a date for consideration of the application by the Town Council at a public hearing.

iv. No less than ten days before the date of consideration by the Town Council, the Director of Development Services or their 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.

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

(a) Is not in the best interest of the public;

(b) Constitutes waste or inefficient use of land or other resources;

(c) Creates an undue hardship on an applicant for a private club permit;

(d) Does not serve its intended purpose;

(e) Is not effective or necessary; or

(f) 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.

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

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

34. Private Street Development. Private Street Developments are subject to provisions of the Thoroughfare and Circulation Design Requirements ordinance, as it exists or may be amended. Private Street Developments are permitted by Specific Use Permit in the referenced districts. Private Street Developments that exist as of the adoption of the Thoroughfare and Circulation Design Requirements ordinance (May 10, 2005), and properties that are zoned by a planned development that permits Private Street Developments are excluded from the requirement for a Specific Use Permit. In considering a request for a Specific Use Permit for a Private Street Development, the Town Council shall use any of the following criteria:

a. New Development.

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

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

iii. No negative effect on traffic circulation on public streets;

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

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

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

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

viii. Any other criteria deemed appropriate by the Town Council.

b. Conversion of Existing Subdivision to Private Streets.

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

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

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

iv. Replatting of existing subdivision to reflect changes; and/or

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

35. Recreational Vehicle Sales and Service, New/Used.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

36. 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.

37. Residential Garage Loft. A residential garage loft shall be subject to the following development standards:

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

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

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

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

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

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

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

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

38. 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.

39. Restaurant. A Restaurant is permitted by right in the Office and Commercial Zoning Districts subject to the following conditions:

a. Restaurants with a drive-through are only permitted in the Commercial Zoning District upon approval of a Specific Use Permit. There shall not be two or more restaurant buildings with drive-throughs built directly adjacent to each other. Drive-through requirements for restaurants in multi-tenant buildings shall apply to the entire lot.

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

c. The distance requirement from any residential zoning district as established in section 2.04D applies to restaurants with a drive-through.

d. 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.

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

i. 300 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

ii. 1,000 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.

f. 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:

i. 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

ii. 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.

g. If a Restaurant receives 75% 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 UDC.

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

40. 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:

a. Option 1:

i. A 6-foot ornamental metal fence;

ii. 3-inch caliper evergreen trees on 20-foot centers; and

iii. 5-gallon evergreen shrubs on three-foot centers.

b. Option 2:

i. A 6-foot clay-fired brick wall; and

ii. 3-inch caliper evergreen trees on 20-foot centers.

41. 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.

42. Temporary Building.

a. Temporary buildings are permitted by right for public schools (kindergarten through twelfth grade only) and government agencies.

b. Temporary buildings for private enterprises and houses of worship are permitted by Specific Use Permit.

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

d. 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:

i. Written report documenting the following:

(a) 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;

(b) Total enrollment, employment, and/or membership size;

(c) Documentation of growth records depicting the number of people in the congregation, school and/or office;

(d) Whether the facility is a start-up or new facility;

(e) Indication of alternative options that were explored before a temporary building application was considered;

(f) Acts of nature; and/or

(g) Any other evidence which is reasonably related to the immediate need for additional space;

ii. A Preliminary Site Plan or Site Plan depicting the following:

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

(b) The temporary building(s); and

(c) The required parking.

iii. 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.

e. The temporary building(s) shall be removed within 30 days of the date:

i. A Certificate of Occupancy is issued for the permanent building; or

ii. The permit for the temporary building expires, whichever occurs first.

f. 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:

i. Has an approved and valid preliminary Site Plan or Site Plan for the permanent building(s).

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

(a) Evidence of numeric growth, beyond that which was specifically anticipated by the applicant;

(b) Membership, enrollment, and/or employment growth records;

(c) Evidence that alternative options were explored before an extension of the temporary building permit was requested; and

(d) Any other criteria reasonably deemed appropriate by the Planning and Zoning Commission.

43. Truck/Bus Repair. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

44. Truck Sales, Heavy Trucks.

a. A Specific Use Permit is required in the Commercial District.

b. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

45. Truck Terminal/Truck Stop. The distance requirement from any residential zoning district as established in section 2.04D shall apply.

46. Veterinary Clinic and/or Kennel, Indoor or Outdoor. Permitted by right where shown in the tables above but shall not be permitted adjacent to any single-family parcel. All Veterinary Clinics and/or Kennels shall provide the following:

a. A play area of at least 70 feet by 70 feet or an area equivalent to 4,900 square feet with shade and water; and

b. An opaque fence at least five (5) feet in height around all outdoor areas.

47. 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% of the lot, and the winery may not exceed 20% of the lot.

48. Wireless Communications and Support Structures. Permitted by Specific Use Permit in the referenced districts subject to the following standards:

a. The distance of a wireless communications support structure from an adjacent property line shall be determined by the Specific Use Permit. All new wireless communications support structures must be a minimum of 1,000 feet from an existing single-family residential lot line.

b. Wireless communications support structures shall not be permitted along any street frontage within a residential subdivision or subdivision entrance area.

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

d. 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.

e. Antennas on existing structures like water towers and light poles shall require a Specific Use Permit if ground equipment is proposed. If ground equipment is not proposed, no Specific Use Permit is required.

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

g. 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.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.08 Landscaping.

A. Purpose.

1. The purpose of this section is to provide for the orderly and aesthetic development of the Town and to promote the health, safety, and general welfare of the community. It is the intent of this section to achieve the following:

a. A balance between the need for landscape treatments and the need for commercial growth in the Town;

b. Promote a fexible attitude of enforcement sufficient to meet the spirit and intent of these requirements;

c. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge, Stormwater runoff retardation and erosion control;

d. Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses;

e. Reduce glare from paved surfaces, dust nuisances and the impact of noise;

f. Protect and promote the value of residential and commercial properties within the Town;

g. Promote a positive image for the attraction of new business enterprises within the Town; and

h. Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental and aesthetic qualities of the Town.

2. Therefore, landscaping is required of new developments and altered or repaired construction on all developments. Construction of the developments shall conform to the standards in this section (the "Landscape Standards").

B. Scope. The standards and criteria contained in this section are the minimum standards for all new development and existing developments that are expanding or redeveloping 30% or more of that development. For the purposes of this section, expanding or redeveloping shall be based on an increase of the overall building area. All construction in these developments shall conform to this section. In addition, any use requiring a Specific Use Permit or any property having a Planned Development (PD) zoning designation must comply with these landscape standards or the standards set forth in the SUP or PD zoning designation, whichever is more restrictive. The provisions of this section shall be administered and enforced by the Director of Development Services, or their designee. For new construction, landscape standards shall be shown on a landscape plan as required in this section.

1. Permits.

a. No permits will be issued for building, paving, utilities or construction until a landscape plan is submitted and approved by the Town. A Certificate of Occupancy will not be issued until the landscape plan approved by the Town has been installed in accordance with that plan and approved by the Town.

b. If a Certificate of Occupancy is sought during a season of the year in which the Town determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, the developer/owner will deposit with the Town a sum of money equal to the cost of installing all or the remaining portion of the approved landscape plan. In lieu of paying cash, the developer/owner may provide financial assurance of payment of the cost of installing the Landscape Plan acceptable to the Town, which will remain in effect until the landscape plan is installed and accepted by the Town. The landscape plan will be installed within six months of final acceptance of the development by the Town or issuance of the first Certificate of Occupancy within the development. Failure to do so will be a violation of this UDC and subject to the penalties contained herein.

2. Enforcement. If at any time after the issuance of a Certificate of Occupancy, the landscaping that was installed does not conform to the Landscape Plan or the landscape standards, the Town will issue notice to the property owner, tenant and/or agent, citing the violation and describing the action required to comply with this section. The owner, tenant, or agent shall have 30 days from date of said notice to comply with the approved landscape plan. If the landscaping is not installed within the allotted time, the property owner, tenant, and agent shall be in violation of this UDC. In addition to any other remedy available to the Town, the Certificate of Occupancy for that property may be revoked.

C. Landscape Plan.

1. A landscape plan shall be submitted in conjunction with a Site Plan and/or Final Plat for all developments. A landscape plan is not required for individual single-family lots. With the exception of properties consisting of less than two acres, the landscape plans shall be prepared by a landscape architect licensed in the State of Texas and shall contain the information outlined in the development manual.

D. Maintenance.

1. The owner, tenant, and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping required by this UDC. All plant material shall be perpetually maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced by property owner, tenant, or agent with plant material of a similar variety, within 30 days of notification by the Town or a date approved by the Town.

2. All trees located on Town property shall be cared for by the Town unless that responsibility is transferred to another entity through a Town Council-approved agreement. Trees on private property are not maintained by the Town Parks Department unless a Town Council-approved agreement to that effect is established. The Director of the Parks and Recreation Department shall ensure that the Town or its contractor monitors and cares for trees in a way that promotes a healthy and growing urban forest, is performed according to ANSI A300, "Standards for Tree Care Operations," and tree care best management practices published by the International Society of Arboriculture. It shall be unlawful to remove, prune, damage, or otherwise harm trees on Town property without permission from the Director of the Parks and Recreation Department. The Parks and Recreation Department shall be responsible for developing and updating an annual work plan. This work plan shall document what maintenance activities are being performed and scheduled each year. The Parks and Recreation Board may appoint an advisory committee to focus on issues and initiatives that pertain to any urban forest that is located on public lands.

E. General Standards. The following criteria and standards shall apply to landscape materials and installation:

1. All required landscaped open areas shall be completely covered with living plant material. Mulch and other materials can be used around required shrub, tree plantings, parking islands, or where vehicles may overhang. Supplemental plantings or design elements that are beyond requirements can be submitted for Town review and approval at any time. Landscape plans must meet the minimum requirements of this section prior to approval by the Town.

2. Developments will construct trails in accordance to the Town's adopted Hike & Bike Trails Master Plan, and landscaping shall be designed to accommodate and compliment the trail.

3. Plant materials shall conform to the standards of the approved plant lists in this section, and substitutions of plant material may be approved by the Town. The quantity of plant material required by this section must equal or exceed the minimum number of plants required. Unless otherwise noted on the approved landscape plan, required plant material can be placed in groupings or utilized in appropriate planting designs that are proposed by the applicant and approved by the Town.

4. Trees shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread. Unless otherwise specified herein, trees shall be of a minimum of three inches in caliper as measured 12 inches above natural soil level and 7 feet in height at time of planting.

5. Shrubs other than dwarf variety shall be a minimum of two feet in height when measured immediately after planting. A screening hedge, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen that will be 3 feet in height within one year after planting. Any parking area abutting the landscape perimeter will be screened from the adjacent street as approved by the Town. Parking areas that are beyond 60 feet from the property line do not require screening unless adjacent to a residential zoning district or a residential development.

6. Ground covers used in lieu of grass must provide complete coverage within one year of planting. Ground cover planting must provide and maintain adequate coverage as approved by the Town.

7. Earthen berms shall not exceed a 3:1 slope (3 feet of horizontal distance for each 1 foot of height). All berms will contain adequate drainage and preventive erosion measures as may be required by the Town. Berms shall not include construction debris. Slippage or damage to the smooth finish grade of the berm must be corrected prior to acceptance by Town.

8. Trees which have a mature trunk size greater than 2 feet caliper at 12 inches above the ground level must be planted 4 feet or greater from curbs. Such large trees shall be placed a minimum of 4 feet from sidewalks, utility lines, screening walls and/or other structures. Ornamental trees can be placed closer than four feet with approval from the Town. Any reduction in spacing requires a root barrier approved by the Town. Utility installation that includes common trench and conduit banks is exempt from the large tree planting distance requirements. The Town has final approval for all tree placements. The landscape plan will show the size and location of duct banks.

9. Evergreen trees such as conifers intended for screening will have a minimum height of 6 feet at the time of planting. Evergreen shrubs intended for required screening shall be a minimum of 7 gallons and be capable of attaining 6 feet in height in two growing seasons.

10. A Tree Permit, in accordance with section 2.09D, and/or grading permit is required for all clear-cutting and/or mass removal of under-story or wooded areas.

11. All driveways will maintain visibility as approved by the Town. Landscaping shall not impede visibility affecting the health, safety, and welfare of the public.

12. All plantings intended for erosion control will be maintained by the landowner, applicant, or tenant. The Town may require re-vegetation to prevent erosion or slippage.

13. If any required plantings cannot be properly located due to easements or other encumbrances, such plantings may be located elsewhere on site upon approval of the Town.

14. Small trees may be substituted for large trees at the rate of three small trees for each one large tree (3:1) with approval of the Town. Unless otherwise specified herein, small trees will have a minimum size of 3-inch caliper.

15. New or proposed plant materials will be measured and sized according to the American Standard for Nursery Stock standards at the time of planting.

16. Other plant materials in excess of the quantities required in this UDC may be smaller than the required material. All shrubs intended for public, nonresidential, or multifamily developments should be at least 2 gallons or larger.

17. Where landscaping islands are required in parking areas; light poles, grease traps, ground equipment, and other utility-related installations shall not be located within the required islands. Space in excess of that required by these standards and for the health of the landscaping may be provided attached to the side of the landscape island.

18. Alternate designs may be considered by the Town to conform to the intent of this UDC. Any alternative design requires Town approval. The alternate method of utilizing large quantities of small material may include, but are not limited to:

a. One 5-gallon shrub = Two 3-gallon or four 2-gallon shrubs.

b. One 3-inch caliper large tree = Three 3-inch caliper ornamental trees.

c. All substitutions are subject to Town approval and must be specified on the approved landscape plan.

19. The right-of-way adjacent to required landscape areas shall be maintained by the adjacent property owner in the same manner as the required landscape area.

20. Existing trees on a property that are preserved may be used to meet the requirements of this section of the UDC upon approval by the Town.

a. Existing trees approved by the Town for credit are to remain in a living and growing condition. Any existing tree for which credit was given that dies shall be replaced on the same basis as set forth in this section.

b. Large groups of small or under-story trees are eligible for tree preservation credits with approval from the Town. Credits shall be indicated on the landscape plan.

c. Credit will be revoked where trees intended for preservation credits are damaged due to, among other things, construction, broken branches, soil compaction or soil cut/fill.

F. Landscape Area Requirements.

1. Single-Family and Townhome Landscape Area and Open Space Requirements.

a. Trees from the large tree list in subsection G below shall be planted on all single-family detached and townhome lots. A minimum of 10% of the total gross lot area must be dedicated to open space. Trees shall be planted to meet the total number of caliper inches referenced in the table below. Required trees shall not be smaller than 3-caliper inches. A minimum of one 4-caliper inch tree(s) shall be located in the front yard of all residential lots less than 7,000 square feet in size. A minimum of two 4-caliper inch trees shall be located in the front yard of all residential lots 7,000 square feet in size and larger. The remaining required large trees may be placed in the front or rear of the residential lot. The total caliper inches of large trees and number of shrubs are required as shown in the table below.

Size of Lot (sq. ft.)	Caliper Inches	Number of Shrubs
2,500 to 6,999	4	12
7,000 to 8,999	8	15
9,000 to 19,999	11	20
20,000 +	14	25

b. A minimum of one tree from the large tree list in article 2.09.G below shall be planted in the side yard area adjacent to the street on a corner lot. When more than two trees are required per lot, the corner lot and side yard tree may count toward the requirement. Street trees (trees located in the parkway area between the curb and the sidewalk) adjacent to the side yard of a corner lot may count toward the requirement.

c. Ground cover shall be planted in the front, side, and rear yards of all residential lots. Ground cover includes, but is not limited to grasses, shrubs, mulched planter beds, and hardscape.

d. Required shrubs shall be a minimum of 3 gallons in size when planted and shall be planted in the front yard of all residential lots.

e. All landscaping required above shall be planted prior to issuance of the Certificate of Occupancy on the dwelling.

f. Single-Family Open Space Requirements. Each single-family subdivision parcel shall provide usable open space totaling 10% of the area being developed.

g. Townhome Open Space Requirements. Each parcel of land developed under the TH standards shall provide usable open space totaling 20% of the area being developed. The open space shall be computed on the percentage of total platted area in the subdivision, excluding right-of-way dedicated major thoroughfares. This open space shall be owned and maintained by a Homeowners' Association. Areas provided as usable open space shall meet the following criteria:

i. All residential lots must be located within 1,400 feet of a usable open space area as measured along a street. To preserve existing trees or if a property has unique topography, size, or configuration, this distance may be increased by the Planning and Zoning Commission with approval of the plat.

ii. All open space areas shall be a minimum of 20,000 square feet with no slope greater than 10% and no width less than 50 feet. The Planning and Zoning Commission may give full or partial credit with approval of the plat for open areas that exceed the maximum slope or that are otherwise unusable, if it is determined that such areas are environmentally or aesthetically significant.

iii. Open space areas must be easily viewed from adjacent streets and homes. Open space areas must abut a street a minimum of 40% of the perimeter of the open space. However, the perimeter street requirement may be reduced to 30% with Planning and Zoning Commission approval of the Preliminary Plat when:

(a) Preserving existing trees;

(b) Preserving natural geographic features; or

(c) Physical constraints such as overall property size, configuration, or topography exist.

iv. Landscaping, sidewalks, and amenities such as tennis courts and swimming or wading pools may be located within usable open space areas. Detention ponds that contain a constant water level, landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or their designee, may be calculated toward the required open space.

v. Open space shall contain one minimum 3-inch caliper large tree for every 1,000 square feet of required open space. The trees shall be maintained in a healthy and growing condition and must be replaced with trees of similar variety and size if damaged, destroyed, or removed. A landscape plan must be approved prior to the approval of the Final Plat.

2. Multifamily Landscape Area Requirements. These standards apply to all multifamily zoning districts. Any area within a PD district containing landscaping standards shall comply with the standards set forth in the PD district.

a. General Requirements.

i. Landscaped areas will be of varying depths intended to separate and screen incompatible land uses from one another and to provide green areas along major thoroughfares.

ii. Foundation plantings of a single row of shrubs are required along the front facade of all buildings adjacent to a public street.

iii. Trees required by the open space planting requirements are encouraged to be placed along the south and west sides of the residential building(s) to increase energy efficiency.

iv. A summary of tabulations for all required plantings, preservation credits, tree mitigation, and/or other data as necessary to document the landscape requirements shall be shown on the landscape plan.

b. Perimeter Requirements.

i. A landscaped area at least 25 feet wide shall be located between multifamily developments and public street(s) unless otherwise stated in another ordinance. One large tree, 3-inch caliper minimum, will be planted on 30-foot centers within the required landscaped area (or quantity for size substitution can be approved by the Town). All landscaping shown on the approved landscape plan will be installed in the vicinity of the building and its adjoining parking prior to the issuance of a Certificate of Occupancy for units in said building. Required landscape areas adjacent to public streets shall be exclusive of easements or other restrictions which could inhibit planting, growth, or permanence of landscaping.

ii. Where multifamily development is adjacent to the property line of single-family zoned property or areas shown as single-family on the future land use plan, a double row of 3-inch caliper trees on 50-foot offset centers shall be located adjacent to single-family zoning districts with one row being shade trees and the other row being evergreen trees in a 25-foot-wide landscape perimeter area, unless otherwise approved by the Director of Development Services or their designee.

iii. Where a multifamily development is adjacent to the property line of property zoned for uses other than single-family or parcels not shown as single-family on the future land use plan, a 15-foot-wide landscape area is required. In addition, one large tree of 3-inch caliper minimum, will be required for each 50 linear feet that abuts the adjacent property line. Trees will be located within the 15-foot perimeter area or within the area located between the property line and the side or rear building line. Trees required under this section that are planted in parking areas may not be credited towards meeting the number of required trees as outlined in the interior parking requirements listed below.

iv. Berms ranging in height from 3 feet to 6 feet, and an overall minimum average of 4.5 feet, shall be required along US 380, Frontier Parkway/FM 1461/Parvin Road, Custer Road/FM 2478, Preston Road, Dallas Parkway, and FM 1385.

c. Interior Parking Requirements.

i. 20 square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot, exclusive of the required perimeter landscape requirements stated above.

ii. One large tree, 3-inch caliper minimum at the time of planting, must be provided for every 10 parking spaces, in addition to the perimeter trees required in subsection F.2.b. In addition, the trees required in this section may not be planted in the required perimeter landscaped areas to receive credit for the perimeter landscape area. Three small trees, a minimum of 6 feet in height and 3 inches in diameter, may be substituted for one required large tree for up to 25% of the required large trees.

iii. Landscaped islands within the parking lot shall be a minimum of 160 square feet, not less than 9 feet wide, and a length equal to the abutting space.

iv. There shall be at least one large tree, 3-inch caliper minimum, within 50 feet of every parking space. Only trees located in parking areas are available to meet this requirement.

v. At least one large tree, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. Areas where parking is located between the public street and the buildings, trees will be placed every five parking spaces.

vi. Landscape islands in parking areas may be grouped to form one large island subject to Town approval, provided however, grouping for large islands is prohibited adjacent to public street frontage.

vii. All landscaped areas will be protected by a raised 6-inch concrete curb or wheel stop where curbs are not provided. Pavement will not be placed closer than 4 feet from the trunk of a tree unless a Town approved root barrier is utilized.

viii. A solid living screen using evergreen trees shall be placed around any RV/trailer parking areas.

d. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows:

i. Irrigation lines shall be placed a minimum of 2.5 feet from a Town sidewalk. Reduction of this requirement is subject to review and approval by the Town Engineer.

ii. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation.

iii. Rain and freeze detectors shall be installed on all irrigation lines.

e. Open Space.

i. Each parcel of land developed under the MF standards shall provide usable open space totaling 30% of the area being developed. The open space shall be computed on the percentage of total platted area in the subdivision, excluding right-of-way dedicated major thoroughfares. Areas provided as usable open space shall meet the following criteria:

(a) The open space shall have a maximum slope not exceeding 10%.

(b) The open space shall have a minimum dimension of not less than 50 feet.

(c) Of the required open space, 15% or 20,000 square feet, whichever is greater, shall be arranged or located in a contiguous mass. Floodplains used for open space may receive full credit for that portion that is maintained in its natural state. Floodplain that is reclaimed and used for open space shall receive a 50% credit toward open space.

(d) At the time of Preliminary Site Plan approval, the Planning and Zoning Commission may give full or partial credit for open areas that exceed the maximum slope, that are otherwise unusable, or that are less than the 15% or 20,000 square feet required in subsection F.2.e.i(c). These areas must be determined to be environmentally or aesthetically significant and/or an enhancement to the development or the area.

(e) Landscaping, sidewalks, and amenities such as tennis courts, swimming or wading pools, and clubhouses may be located within usable open space areas. 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 Development Services or their designee, may be calculated toward the required open space.

(f) Open space shall contain one minimum 3-inch caliper large tree for every 500 square feet of required open space. The trees shall be maintained in a healthy and growing condition and must be replaced with trees of similar variety and size if damaged, destroyed, or removed. A landscape plan must be approved prior to approval of the Final Plat.

3. Nonresidential Landscaped Area Requirements. These standards apply to all nonresidential uses. Any area within a PD containing landscaping standards shall comply with the standards set forth in the PD district.

a. Perimeter Requirements:

i. A landscaped area consisting of living trees (as specified below), turf, or other living ground cover and being at least 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on all properties located adjacent to a major or minor thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Designs Standards.

(a) The landscaped area may be reduced to 15 feet for the portion of a property adjacent to a collector or equivalent street as defined by the Town of Prosper Thoroughfare and Circulation Designs Standards.

(b) The landscaped area shall be increased to 30 feet for properties adjacent to Preston Road, University Drive, and Dallas Parkway.

(c) One large tree, 3-inch caliper minimum per 30 linear feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing for species.

(d) For new development in Downtown Prosper, one large tree, 3-inch caliper minimum per 30 linear feet of roadway frontage, excluding the width of driveways at the property line, shall be planted within the required landscape area. Where the width of the roadway frontage is greater than 80 feet, excluding the width of driveways at the property line, the number of large trees may be planted at a rate of one, 3-inch large tree per 40 feet of roadway frontage, in lieu of the required one tree per 30 linear feet. The trees may be planted in groups with appropriate spacing for species. In Downtown Prosper, the substitution of three small, ornamental trees for one large tree shall not be permitted.

(e) A minimum of 15 shrubs with a minimum size of 5 gallons each will be planted in the landscaped area for each 30 feet of linear frontage.

(f) Parking abutting the landscape area shall be screened from the adjacent roadway. The required screening may be accomplished with shrubs or earthen berms.

(g) Unless parking is adjacent to a street, shrubs are not required in the landscape area in Downtown Prosper.

(h) Required landscape areas adjacent to public streets shall be planned around existing obstacles and shall not include easements or other restrictions which could inhibit planting, growth, or permanence of landscaping.

(i) Berms ranging in height from 3 feet to 6 feet, and an overall minimum average of 4.5 foot, shall be required along US 380, Frontier Parkway/FM 1461/Parvin Road, Custer Road/FM 2478, Preston Road, Dallas Parkway, and FM 1385.

ii. Where a nonresidential development is adjacent to the property line of residential zoned parcels or areas shown as residential on the future land use plan, one large tree, 3-inch caliper minimum, will be planted on 30-foot centers in a 15-foot landscape area, with the following exceptions:

(a) Evergreen trees as denoted in subsection G, of a minimum 3-inch caliper at time of planting and that will reach a minimum of 15 feet in height, shall be planted on 20 foot centers within the 15 foot landscape area where truck docks or loading spaces are adjacent to residentially zoned property or areas shown as residential on the future land use plan.

(b) Evergreen trees as denoted in subsection G, of a minimum 3-inch caliper at time of planting and that will reach a minimum of 15 feet in height, shall be planted on 20 foot centers within the 15 foot landscape area on any lot containing a drive-through restaurant, drive-in restaurant, and/or automotive use as defined in section 2.14K.1 that is adjacent to a residential zoning district or area shown as residential on the future land use plan. All landscape screening materials shall be maintained in a manner to provide the intended screening.

(c) In Downtown Prosper, regardless of the adjacent use, zoning, or future land use designation; the width of perimeter landscape area adjacent to the property line may be reduced to a minimum of 5 feet.

(d) In Downtown Prosper, in lieu of the required large trees, small (ornamental) trees shall be planted on 30-foot centers along the adjacent property lines.

iii. Where a nonresidential development is adjacent to the property line of parcels zoned for uses other than residential or parcels not shown as residential on the future land use plan:

(a) A 5-foot-wide landscape area is required.

(b) If the property line is the centerline of a fire lane or drive aisle, the 5-foot-wide landscape area will begin at the edge of the lane/aisle. If the drive aisle or fire lane only allows access to parking spaces, the landscape area may be eliminated or moved at the discretion of the Town.

(c) The 5-foot-wide landscape area may be eliminated for a building where the building is attached to another building, and the attached buildings are shown on an approved Site Plan.

(d) One small tree and one 5-gallon shrub shall be planted every 15 linear feet. These trees and shrubs may be clustered in lieu of placing them every 15 feet, if approved by the Director of Development Services.

(e) All uses containing a drive-in, drive-through, or that require stacking shall provide a 10-foot-wide landscape area along the perimeter of the property. If the property line is the centerline of a fire lane or drive aisle, the 10-foot-wide landscape area will begin at the edge of the lane/aisle and cannot be waived or replaced by parking. The landscape area shall contain a minimum 3-inch caliper evergreen trees planted 15 feet on-center with minimum 5-gallon shrubs planted three feet on center.

b. Interior Parking Requirements. Any nonresidential parking area that contains 15 or more parking spaces shall provide interior landscaping, in addition to the required landscaped edge, as follows:

i. Fifteen square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area.

ii. Where an existing parking lot area is altered or expanded to increase the number of spaces to 15 or more, interior landscaping shall be provided on the new portion of the lot in accordance with this section.

iii. All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than 4 feet from the trunk of a tree unless a Town approved root barrier is utilized.

iv. Landscaped islands shall be located at the terminus of all parking rows, and shall contain at least one large tree, 3-inch caliper at the time of planting minimum, with no more than 15 parking spaces permitted in a continuous row without being interrupted by a landscaped island. Where there is a minimum eight-foot-wide landscaped median between two rows of head-in parking, landscaped islands are required every 15 spaces.

v. Landscaped islands shall be a minimum of 160 square feet, not less than 9 feet wide from back of curb and a length equal to the abutting space.

vi. Subject to approval by the Town, islands may be grouped to form one large island.

vii. There shall be at least one large tree of 3-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with Town approval in the event that required islands are grouped to form larger islands.

viii. Required parking lot trees may be consolidated into groups under the following conditions:

(a) The number of required trees is one per 10 parking spaces.

(b) Consolidated tree islands require 180 square feet per tree.

(c) The maximum run of parking spaces is increased from 15 to 30.

(d) This consolidation does not include the tree islands at the end of a row of parking or along perimeter parking rows that face a drive aisle or street.

(e) A consolidated tree island shall not be located closer than five parking spaces from an end of row tree island.

ix. All uses containing a drive-in, drive-through, or that require stacking shall be subject to the following standards:

(a) A minimum 5-foot-wide landscape island shall be constructed around the outer edge of the drive-through lane(s) along the outer edge of the escape lane, extending from the point entry to the exit.

(b) The landscape island shall contain minimum 3-inch caliper evergreen trees planted 15 feet on-center with minimum 5-gallon shrubs planted three feet on center. Ornamental trees may be used in place of a portion of shrubs to create a mixture of species and types of vegetation. If the landscape island is located on the perimeter of the property, perimeter landscaping requirements may be applied towards this requirement.

c. Building Landscaping.

i. Foundation plantings are required for buildings or groups of contiguous buildings that are 50,000 square feet or larger. One large tree, 3-inch caliper, shall be required for every 10,000 square feet of gross building area. These trees shall be located within 30 feet of the face of the building. These plantings are intended to provide pedestrian areas while breaking up the large areas of impervious surface. Trees required by other sections of this UDC will not meet this requirement. Trees may be planted within the building landscape area described above or within tree grates. Trees can be grouped or planted in singular form. These tree plantings should be placed so as not to impede sign visibility. Trees intended for foundation plantings shall meet the following criteria:

(a) Planted within 30 feet of the front building face.

(b) Trees planted less than 4 feet from the back of curb shall be located in a tree grate with a minimum dimension of 4 feet.

(c) Small trees may be substituted for large tree foundation plantings at the rate of five ornamentals for each requirement of a large tree (5:1) with Town approval. Small trees shall have a minimum size of 3-inch caliper. Multi-trunk trees will be required to meet a 3-inch requirement based on standard nursery trade specifications.

(d) Trees may be placed in groups with appropriate spacing for species.

(e) The above requirements may be reduced if approved by the Town and additional pedestrian features such as plazas, seating areas, fountains, and outdoor recreation facilities are provided. These facilities must occupy an area equal to or greater than 5% of the total building area.

d. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows:

i. Irrigation lines shall be placed at a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer.

ii. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation.

iii. Rain and freeze detectors shall be installed on all irrigation lines.

e. Median Planting Requirements. Nonresidential developments having frontage on a divided thoroughfare are required to plant or to escrow funds in an amount sufficient for the Town to hire a licensed landscape contractor to install a full landscape and irrigation system for one 3-inch caliper large tree per 70 linear feet of frontage. The purpose of this requirement is to establish trees in the medians as development of properties adjacent to divided thoroughfares occurs. The Town will be responsible for maintenance of the trees and medians following the initial installation. The Town is responsible for the installation of trees and irrigation where funds are escrowed, or a bond is provided. The Town will have the sole authority to approve any alternate methods of meeting median obligations. Right-of-way median plantings shall meet the following criteria:

i. Median plantings within the public right-of-way are to be a minimum of 60 feet from the back of curb at the median nose.

ii. Median plantings shall be a minimum of 5 feet from the back of curb.

iii. Visibility corridors are to be shown on landscape plans.

iv. Trees shall be a minimum of 5 feet from utility lines.

v. Six inches of topsoil shall be provided in the medians.

f. Open Space Requirements.

i. A final open space plan shall be submitted with the final Site Plan application for all nonresidential uses. Open space plans will be used only to ensure minimum standards are met. Open space plans shall be reviewed and approved by the Director of Development Services or their designee. The applicant may appeal the decision to the Planning and Zoning Commission. For nonresidential development, 12% of the net lot area is required to be provided as open space. The open space may consist of any element that is not one of the following:

(a) Vehicular paving;

(b) Required parking lot landscape islands;

(c) Building footprint;

(d) Utility yards;

(e) Required landscape setbacks and landscape buffers (i.e., around dumpsters, loading areas);

(f) Sidewalks;

(g) Detention ponds. Detention ponds that are located between the building and street and contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or their designee, may be calculated toward the required open space.

ii. The Town wants to attract the public to open space areas for nonresidential developments. The open space area must be usable and/or include functional elements in the open space and generally shall be at least 40 feet wide and consists on at least one major amenity listed below, or as determined by the Director of Development Services or their designee:

(a) Major Amenities.

(i) A pergola or gazebo area.

(ii) Shaded seating area which can include picnic tables.

(iii) Enhanced walking trails.

(iv) Water features such as walls, fountains, plaza pools, wishing wells, bodies of water, or splash pads.

(v) Displays of public art, statues, or structures.

(vi) Other options to be considered by the Town.

(b) Minor Amenities.

(i) Educational and/or historical materials; signage/boards.

(ii) Masonry seating walls.

(iii) Planter beds, pollinator gardens, rock gardens, or water gardens.

(iv) Dog/pet park area.

(v) Turf Recreational area for activities such as yoga and a play area for children.

(vi) Fire pit area with outdoor lighting.

(vii) Other options to be considered by the Town.

4. Nonresidential and Multifamily Development adjacent to a Major Creek.

a. Major creeks within the Town of Prosper shall be defined as:

i. Button Branch.

ii. Doe Branch.

iii. Gentle Creek.

iv. Rutherford Branch.

v. Wilson Creek.

Each major creek begins at its headwater (as determined by the Federal Emergency Management Agency and/or the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps (FIRM) as provided by the Federal Emergency Management Agency.

b. All nonresidential and multifamily lots developing adjacent to the 100-year floodplain of a major creek shall comply with the requirements listed below. Multifamily-zoned property that develops as single-family is not subject to these requirements but shall comply with section 3.04N. Multifamily-zoned property that develops as single-family is not subject to these requirements, but shall comply with section 3.04N. of this UDC, as it exists or may be amended.

i. Retaining walls, where provided, shall be constructed of clay-fired brick, stone, patterned concrete, modular concrete block, or split faced concrete masonry units. This requirement does not apply to walls constructed within the channel of the creek to control water flow.

ii. Three-inch caliper trees planted on 30-foot centers and 3-gallon shrubs planted on 5-foot centers shall be provided between parking and the flood plain when parking is located directly adjacent to the flood plain. The trees and shrubs are not required to be planted in a single row; they may be planted in groups. Existing trees in healthy growing condition and of a species from the list of recommended plant materials in this section of this UDC, as it exists or may be amended, may be counted toward this requirement.

iii. Maintenance access, as required by the Town Engineer, or their designee, shall be provided to the flood plain, hike and bike trail, and creek.

iv. The development shall incorporate a connection to a hike and bike trail along the major creek by way of a sidewalk, stairs, and/or ramps. The connection shall comply with ADA and TAS accessibility requirements. The Director of Development Services or their designee may waive this requirement if he/she determines that a connection is not needed due to the property size, configuration and constraints, or land use.

v. Open space areas adjacent to the floodplain that have been improved with patios, courtyards, or additional landscaping listed in subsection F.4.c below may be used to meet minimum open space requirements.

vi. Loading areas located adjacent to the major creek shall be screened from the flood plain by a solid living screen to reach a minimum of 14 feet tall within two years. Existing trees in healthy growing condition and of an evergreen species from the list of Plant Materials in subsection G, as it exists or may be amended, may be counted toward this requirement. For industrial development, this requirement may be waived by the Planning and Zoning Commission upon Site Plan approval if the adjacent property on the opposite side of the creek is zoned Industrial or designated on the future land use plan as industrial, unless zoned other than industrial.

c. Multifamily, except those multifamily properties that are developed as single-family, and office development adjacent to a major creek shall provide four of the amenities listed below. Retail and commercial development adjacent to a major creek shall provide three of the amenities listed below. Industrial development adjacent to a major creek shall provide two of the amenities listed below. Amenity selection is subject to approval by the Planning and Zoning Commission upon preliminary Site Plan or Site Plan approval.

i. A 30-foot landscape edge adjacent to the floodplain of the major creek with a double row of three- inch caliper trees planted on 30-foot centers. Existing trees in healthy growing condition and of a species from the list of plant materials in subsection G, as it exists or may be amended, may be counted toward this requirement.

ii. A minimum of 25% of the surface area of walls that face the major creek to be provided as windows.

iii. Construction of a hike and bike trail along the creek up to 12 feet in width and in accordance with the design considerations published in the North Central Texas Council of Governments 2045 Regional Mobility plan.

iv. A visibility corridor of at least 100 feet shall be required between and/or adjacent to buildings adjacent to the flood plain. This visibility corridor can include parking, landscape medians or areas, amenities, and drive aisles.

v. Trail Head Park. A trailhead park shall have minimum dimensions of 50 feet and be located adjacent to the hike and bike trail. Park benches shall be provided. Trailhead parks are subject to review and approval by the Director of Parks and Recreation or their designee.

vi. A common patio, balcony, courtyard, or terrace with a minimum of 750 square feet located between the building and the major creek.

vii. Building orientation such that the entire side of the building adjacent to the flood plain is not the back of the building.

viii. Building to have the same building materials and architectural elements on all four sides.

ix. Creek restoration (plan shall be designed and implemented according to USACOE standards and approved by Army Corps of Engineers).

x. Other amenities not listed may be approved by the Planning and Zoning Commission in conjunction with a preliminary Site Plan if they determine that the proposed amenity meets the intent of these requirements.

d. The Planning and Zoning Commission may grant variances to the requirements of this section, as it exists or may be amended, upon Preliminary Site Plan or Site Plan approval only if they determine that conforming to these requirements is not possible due to the property size, configuration, topography, constraints, or land use and that no other alternative is available. The decision by the Planning and Zoning Commission shall be final.

G. Required Plant Materials.

1. Artificial turf is permitted in downtown and nonresidential zoning districts upon Town staff approval. Artificial turf shall be detailed on the required landscape plan for Town review.

Drought tolerant and/or native plants from the lists below are required for compliance to this section. Other species may be utilized with approval from the Town.

Large Trees (Shade)	Small Trees (Ornamental)	Shrubs
Afghan Pine (Evergreen)	Birds of Paradise	American Beautyberry
American Elm	Buckeye, Mexican	Agarita
Arizona Cypress (Evergreen)	Buckeye, Red	Aromatic Sumac
Bald Cypress	Buckeye, Texas	Bridal Wreath Spirea
Bigelow Oak	Carolina Buckthorn	Burford Holly
Bur Oak	Crepe Myrtle (tree form)	Chinese Photinia
Caddo Maple	Desert Willow	Cleyera
Cedar Elm	Eastern Red Cedar	Compact Nandina
Chinquapin Oak	Eve's Necklace	Coral Berry
Durand Oak	Hawthorne	Crimson Pygmy Barberry
Lacebark Elm	Hollywood Juniper	Dwarf Burford Holly
Lacy Oak	Japanese Black Pine	Dwarf Burning bush
Live Oak (Evergreen)	Juniper, Blue Point	Dwarf Chinese Holly
Pecan	Juniper, Wichita Blue	Dwarf Crepe Myrtle
Shumard Oak	Mesquite	Dwarf Glossy Abelia
Southern Live Oak (Evergreen)	Mexican Plum	Dwarf Pomegranate
Southern Magnolia (Evergreen)	Ornamental Pear*	Dwarf Spirea
Texas Ash	Pomegranate	Dwarf Wax Myrtle
Texas Red Oak	Possumhaw Holly	Dwarf Yaupon Holly
Western Soapberry	Redbud	Elaeagnus
	Roughleaf Dogwood	Flowering Quince
	Texas Persimmon	Forsythia
	Vitex	Foster Holly
	Wax Myrtle	Glossy Abelia
	Winter/Bush Honeysuckle	Harbor Dwarf Nandina
	Yaupon Holly (evergreen)	Indian Hawthorn
		Italian Jasmine
		Leatherleaf Mahonia
		Miniature Crepe Myrtle
		Nellie R. Stevens Holly
		Oakleaf Hydrangea
		Purple leaf Japanese
		Barberry
		Red Yucca
		Rose of Sharon (Althea)
		Semi-Dwarf Crepe Myrtle
		Smooth Sumac
		Spiraea
		Standard Nandina
		Texas Sage

*Ornamental Pear does not include Bradford Pears

Groundcover	Ornamental Grass
Asiatic Jasmine	Autumn Blush Muhly
Avens, White	Big Bluestem
Frog Fruit	Black Fountain Grass
Ground Ivy	Blue Grama
Hardy Plumbago	Broomsedge
Horseherb	Bushy Bluestem
Liriope or Lily Turf	Canada Wildrye
Mondo or Monkey Grass	Dwarf Maiden Grass
Pigeonberry	Dwarf Pampas Grass
Purpleleaf Euonymus	Eastern Gamma Grass
Santolina	Feather Reed Grass
Snake Herb	Hamelin's Fountain Grass
Wood Violet	Inland Sea-Oats
	Lindheimer's Muhly
	Little Bluestem
	Maiden Grass
	Morning Light Maiden
	Ravenna Grass
	Sideoats Grama
	Silver Bluestem
	Splitbeard Bluestem
	Standard Fountain Grass
	Switchgrass
	Variegated Japanese Silver Grass
	Zebra Grass

2. Cottonwood trees may not be planted within 25 feet of any public infrastructure.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.09 Tree Preservation.

A. Purpose. The purpose of this section is to promote Site Planning which furthers the preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long-term viability of existing trees; and to control the removal of trees when necessary. It is the further purpose of this section to achieve the following broader objectives:

1. Prohibit the indiscriminate clearing of property.

2. Protect and increase the value of residential and commercial properties within the Town.

3. Maintain and enhance a positive image for the attraction of new residences and business enterprises to the Town.

4. Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town.

5. To reduce the erosive effects of rainfall.

B. Scope. The scope of this section includes the removal and/or transplanting of any tree and mitigation for the removal of protected trees. A permit approved by the Director of Development Services or their designee is required before removing and/or transplanting any tree and mitigation for the removal of protected trees.

C. Tree Permit. A tree permit shall be required for the transplanting and/or removal of all trees within the Town of Prosper, regardless of size or species, except for trees located on a single-family lot contained within a plat of record, and as otherwise described in subsection G below.

1. Application for Tree Permit. An application for a tree permit may be submitted at any time and is not required to be submitted in conjunction with development plans, Final Plat or a building permit. Tree permits shall be obtained by making application to the Director of Development Services, or their designee. The application must include a letter signed by the property owner allowing the Town access to the property for verification of all survey information. The application shall also be accompanied by a written document indicating the reasons for transplanting and/or removal of protected trees and two copies of a legible site or planting plan, and a Detailed Tree Survey and Preservation Plan if required in subsection G.

2. Review of Application for Tree Permit. Upon receipt of a proper application for a tree permit, the Director of Development Services or their designee shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate by the Town. Protected trees may not be removed or transplanted unless the Director of Development Services or their designee approves the tree permit. The Director of Development Services or their designee shall act on a tree permit application within ten business days of its submittal. If action has not been taken within this specified time frame, the application shall be deemed approved.

3. Historic Tree Preservation. No tree removal permit may be issued for a historic tree unless the owner establishes that preserving the historic tree constitutes an unreasonable financial hardship on the owner. Appeals from this determination shall be to the Town Council.

4. Transplanting Protected Trees. No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree within the Town without first obtaining a tree permit as provided in this subsection C. All transplanting shall be in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree replanting requirements of this section.

D. Exceptions.

1. A tree permit shall be required to remove and/or transplant a protected tree, except for a protected tree located on a single-family lot contained within a plat of record and having a Certificate of Occupancy. The Director of Development Services or their designee may authorize, in writing, the removal of a protected tree provided that the protected tree:

a. Is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety;

b. Hinders or obstructs the construction, maintenance, repair, and/or replacement of Town streets, water and sewer lines, and drainage and storm sewer;

c. Is located in any major thoroughfare right-of-way dedicated to and accepted by the Town. This does not include trees being removed for proposed neighborhood streets, driveways, right and left turn lanes, and/or median openings. Removal of these trees shall require a permit and mitigation at a rate of 50% of the mitigation requirements contained in subsection E;

d. Hinders or obstructs the construction, repair, maintenance, and/or replacement of public improvement projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water, collection and management of Stormwater runoff and thoroughfares pursuant to the Town's Capital Improvement Project, Water and Sanitary Distribution Line Maps and/or Thoroughfare Plan;

e. Is damaged or killed by a tornado, ice or windstorms, flooding, or other acts of nature; or

f. A tree that is determined to be diseased or dead by a certified arborist or landscape architect, regardless of species or size.

2. All retail, commercial, and wholesale nurseries are exempt from the terms and provisions of this section 2.09 in relation to those trees planted and growing on the premises of said business and that are planted and growing for the sale or intended sale in the ordinary course of business only.

3. Utility companies franchised by the Town in easements or rights-of-way accepted by the Town or otherwise authorized to provide utility service may remove protected tree(s) that endanger public safety and welfare by interfering with utility service. Any trimming and/or removal of protected tree(s) by a utility company requires prior written approval from the Director of Development Services or their designee, except in the case of emergency repairs. A utility company shall notify the Director of Development Services or their designee of any trimming and/or removal of protected trees done while making emergency repairs on the first business day following the emergency.

4. The mowing and clearing of brush located within or under the driplines of protected trees is allowed, provided such mowing or clearing is accomplished by hand or by mechanical mowers with turf tires.

5. Developments that have submitted a Preliminary Plat for residential development or a Final Plat for nonresidential development prior to the effective date of this ordinance shall be exempt from this UDC.

6. The removal of trees for the development or redevelopment of golf courses and pedestrian trails shall require a permit and mitigation at a rate of 50% of the mitigation requirements contained in subsection E of this chapter.

7. Agricultural users can remove protected tree(s) for agricultural production with prior written permission from the Director of Development Services or their designee. A protected tree inventory summary is required to list tree(s) removed and preserved. Replacement requirements of protected tree(s) being removed for agricultural production will be prorated equally over a period of 10 years. Should the property be developed prior to the full 10 years, the remainder of required trees shall be planted on the property in addition to the required trees.

8. A tree located on a common property line may not be removed without first obtaining a tree permit. Each of the affected property owners must request the tree permit. A single request may be submitted if it is signed by each of the affected property owners.

E. Mitigation and Replacement of Removed Trees.

1. It shall be the responsibility of any person obtaining a tree permit for the removal of protected trees to provide replacement tree(s) having a total diameter of inches equivalent to the percentage rates set forth in this section. The diameter for replacement trees shall be measured as follows:

a. For single-trunk trees, the width shall be measured at 4.5 feet above ground level.

b. For multi-trunk trees, combine the diameter of the largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at 4.5 feet above ground level.

An example: If an eight-inch protected tree in the flood plain is removed that tree must be replaced at 150% by trees with a total caliper width of 12 inches. This total caliper width could be satisfied by one 12-inch caliper replacement tree, or two 6-inch caliper width replacement trees, or any other combination providing a total caliper width of 12 inches using a minimum width of 3 inches.

2. Should a transplanted tree die, it shall be removed and replacement trees shall be planted at a rate of 100% of the caliper inches of the transplanted tree(s).

3. If any tree, which was preserved and used as a credit toward mitigation requirements, is later removed for any reason, it shall be replaced by the number of trees for which it was originally credited. Replacement trees shall have a minimum trunk diameter of 3 inches measured 6 inches above the ground.

4. If any replacement tree cannot be properly located on the property being developed or redeveloped, the applicant may plant these replacement tree(s) on property owned by the Town and/or common open space, or provide and deliver trees to the Town to be stored for Town use/needs, or pay a fee, as approved by the Director of Development Services, or their designee. The cash value of replacement trees will be set by the Director of Development Services, or their designee, annually.

5. The person(s) or entity responsible for the developing and or redeveloping property that causes or results in the removal of existing tree(s) in proposed driveways, right turn lanes, and/or in proposed median openings, shall plant replacement tree(s) at a rate of 100% of the total diameter of the tree(s) being removed. The replacement tree(s) will be planted on public property according to a written plan approved by the Director of Development Services or their designee.

6. Replacement Requirements.

a. Removal of Protected Trees. Protected trees shall be replaced by planting trees on the property equal to the total caliper inches as calculated using the following replacement rate:

		Size of Tree	Percentage of Replacement (caliper inches)
Within 100-year flood plain		Less than 6" (unprotected)	0
		6" to 12"	150
		Greater than 12" to 24"	200
		Greater than 24" to 40"	300
		Greater than 40" (Historic)	Town Council Approval and 500
Outside of 100-year flood plain		Less than 6" (unprotected)	0
		6" to 12"	100
		Greater than 12" to 24"	150
		Greater than 24" to 40"	300
		Greater than 40" (Historic)	Town Council Approval and 500
*	All existing tree measurements are in caliper inches measured four and one-half feet above the natural ground level.
**	All replacement tree measurements are in caliper inches as measured twelve inches above natural ground level.

b. Transplanted Trees. Protected trees on a property may be transplanted to another location on the same property without being subject to the above replacement rates.

7. Tree Credits. If any protected tree is preserved within an area that would otherwise be considered a buildable area, credit for preservation shall be given that will be counted toward the mitigation requirements for the removal of protected trees within the buildable area on a site or project. Such mitigation credits shall be given only for those trees whose critical root zones are left predominately in their natural state. No cutting, filling, or other construction related activities are allowed within the critical root zones of trees eligible for mitigation credit unless otherwise approved in writing and in advance by the Town. The following is a list of credits available for the preservation of protected trees on a site or project. Trees eligible for credits and a total count shall be depicted on the landscape plan; credits will be awarded using the following table:

Caliper Size Tree	Positive Credits*
6" to 12"	1
>12" to 18"	3
>18" to 24"	4
>24"	5

*(One credit is equal to one 3-inch caliper tree. Healthy, protected trees only.)

8. Any tree that is preserved and receives positive credit towards mitigation is exempt from being used to fulfill required landscaping as described in section 4.02 of this UDC.

9. Any tree preserved within a floodplain is exempt from receiving positive credit towards mitigation.

F. Tree Protection Measures. Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a protective fence and where necessary, bark protection (See Figure 2.09-1 Bark Protection). All protective measures shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed.

During any construction or land development, the developer shall clearly mark all trees to be maintained. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the dripline of any trees. This is not intended to prohibit the normal construction required within parking lots. All protected tree(s) shall be protected by the owner as follows, unless otherwise directed by the Director of Development Services or their designee:

1. Before development or redevelopment, the owner shall install a minimum 3-foot-tall protective barricade made of wood, fencing or solid material. These barricades will be installed a minimum of 10 feet from protected trees or a minimum of 2 feet outside the designated protective root zone, whichever is the greater distance.

2. Vertical posts no less than 3 feet in height and no more than 6 feet apart. Horizontal members consisting of wood no less than three feet above existing grade and securely attached to the vertical posts.

3. Before development or redevelopment, the owner shall establish and maintain a construction entrance that avoids protected trees.

4. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain, nor shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, under the canopy of any tree or groups of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree.

5. No parking or storing of vehicles, equipment or materials allowed within the protective root zone.

6. Attachments or wires are prohibited from being attached to any protected tree. Cables, tree rods, and similar hardware installation that aid structural integrity of a protected tree are exempt from this section as approved in writing by the Director of Development Services or their designee.

7. Fill or excavation may not occur within the canopy or dripline of a protected tree. Major changes of grade (i.e., 3 inches or greater) within the canopy or dripline will require additional measures to maintain proper oxygen and water exchange with the roots.

8. Unless otherwise approved in writing by the Town, construction or construction-related activity is prohibited under the canopy or dripline of protected trees.

9. Any trees removed shall be chipped and used for mulch on site or hauled off-site. Burning of removed trees, stumps, or foliage requires written approval by the Fire Department.

10. Root pruning will be required when disturbance occurs under the dripline of protected trees. This root pruning shall be completed a minimum of two weeks prior to any construction activity within the dripline.

11. All tree maintenance techniques shall be in conformance with industry-identified standards. Alternative maintenance techniques may be approved by the Town.

12. No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death of a tree.

Figure 2.09-1. Bark Protection

13. Protected trees should meet the following requirements:

a. 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.

b. 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.

c. 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.

14. The following trees shall not be included in 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	Populus alba
Cottonwood	Populus deltoides
Mesquite	Prosopis glandulosa
Willow	Willow sp.

G. Tree Survey and Preservation Plan.

1. Preliminary Plat and Preliminary Site Plans. A general survey identifying natural vegetation, trees, and anticipated tree losses shall be submitted with all Preliminary Plats for residential developments and all Preliminary Site Plans for nonresidential and multifamily developments if trees are proposed to be removed or replaced. The general Tree Survey can be included on the Preliminary Plat or Preliminary Site Plan. The general survey shall include:

a. Existing topography at five-foot intervals;

b. Vegetation groups;

c. Development plans;

d. Specific trees that are 20 inches and larger; and

e. Information on each tree to be removed or replaced, including photographs, a summary table featuring tree species, measured size, and tree credits (if applicable) for remaining trees in the inventory, and an index key identifying species on the map. This information is to accompany submission with sufficient data to convey which trees are to remain as they correspond to the general survey.

2. Final Plats and Site Plans. A Detailed Tree Survey and Tree Preservation Plan shall be submitted with all Final Plats and Site Plans. The Detailed Tree Survey and Tree Preservation Plan shall include the following:

a. The location, diameter, height, and common name of all single-trunk trees of 6 inches diameter or greater, measured at four and one-half feet above natural grade level, and at least 12 feet high; and all multi-trunk trees having a total caliper width of 6 inches, measured by combining the diameter of the largest stem or branch with one-half the diameter of each additional stem or branch, all measured at four and one-half feet above natural grade level, and at least 12 feet high.

b. An index of all surveyed tree species.

c. The location of the trunk and dripline, diameter, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of the protected trees proposed to be removed or transplanted.

d. Provide existing natural grade elevation and proposed final grade elevation at each location for each protected tree for which a tree permit is requested.

e. The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, and utility easements.

f. The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or significant features on the proposed Development Plans, Final Plat and Site Plan of the development.

g. Existing and proposed site elevations, grades and major contours including a table listing all protected trees and their respective locations.

h. The information required herein shall be summarized in legend or table form on the Tree Survey and note the reason for removal or transplanting of the protected tree(s) and provide supplementary information such as photographs of trees proposed to be removed.

i. The survey shall bear the stamp or seal of a registered surveyor relative to the location of any protected trees and shall bear the stamp, seal, or signature of a Registered Landscape Architect, Certified Arborist, or Arboriculturist relative to the specie(s) of any protected tree.

j. A Detailed Tree Survey shall be prepared by or under the supervision of a Landscape Architect, Certified Arborist, or Certified Forester. The following shall be on the Tree Survey:

"I_____ being a landscape architect or arborist attest that the identification and size of trees identified on this survey are correct and that all Protected Trees have been shown.

Signature:_____ Date:_____

k. A Detailed Survey is only required for areas that are intended to be disturbed by the proposed development/redevelopment. A boundary of the area to be included in a detailed survey will be established with the approval of the general survey that is submitted with the Preliminary Plat or Preliminary Site Plan.

3. Field Verification. Prior to written approval of the Detailed Tree Survey and Tree Preservation Plan, the applicant shall mark all trees to be preserved and notify (in writing) the Director of Development Services or their designee of the marking. The Director of Development Services or their designee shall inspect and verify the markings within seven working days of receipt of the applicants' notification. If the Director of Development Services, or their designee, has not contacted the landowner within ten working days from the date of notification, the Detailed Tree Survey and Tree Preservation Plan submitted by the applicant is deemed approved.

4. Preparation. Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and protective fencing and standard erosion control measures (i.e., silt fence) must be installed by the owner and be inspected by the Director of Development Services or their designee. Approved silt fence may serve as protective fencing and must retain in place until the Town accepts the project. A stop work order will be issued at any time if Tree Preservation requirements are not followed.

5. Final Inspections. The owner shall notify the Director of Development Services or their designee for an inspection ten working days prior to receiving a Certificate of Occupancy. Any deficiencies or dead trees shall be replaced prior to receiving the certificate of occupancy.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.10 Parking, Circulation, and Access.

A. Purpose. The purpose of this section is to promote walkability and pedestrian-friendly, viable parking options for residential and nonresidential developments within the Town.

B. Residential Parking Provisions.

1. Required parking shall be provided on the same lot as the use it is to serve.

2. All required parking spaces shall be constructed from paved concrete or another similar impervious surface if approved by the Planning and Zoning Commission prior to construction.

3. For agricultural uses in the A District, required parking may be constructed from washed gravel, asphalt, or similar all-weather surface.

4. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle.

5. In the SF and TH Zoning Districts, there shall be a minimum of two parking spaces located behind the front building line and enclosed in the main or an accessory building. In addition, there shall be two paved parking spaces provided behind the front property line only for the purpose of allowing on-site stacking or maneuvering to the enclosed spaces.

6. In the SF and TH Zoning Districts, all required parking spaces shall be a minimum of 9 feet wide and 20 feet long. Required enclosed parking and stacking spaces shall remain clear of any encroachments.

7. Circular driveways shall be designed to accommodate any required parking behind the front building line.

C. Nonresidential and Multifamily Parking Provisions.

1. For safety and fire-fighting purposes, free access through to adjacent parking areas shall be provided between adjoining nonresidential parcels or building sites.

2. All required parking spaces shall be constructed from paved concrete or another similar impervious surface if approved by the Planning and Zoning Commission prior to construction. Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

3. Dead-end parking aisles are not permitted.

4. Each head-in parking space shall be a minimum of 9 feet wide and 20 feet long, exclusive of driveways and maneuvering aisles, and shall be of usable shape and condition. No parking space shall overhang the required landscape areas. Parallel parking spaces must be a minimum of 8 feet wide and 22 feet long. Parking spaces within nonresidential and multifamily structured parking garages shall be a minimum of 9 feet wide and 20 feet long.

5. All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, and to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk (See Figure 2.10-1 Parking Landscaping Stops). Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into a parking space.

Figure 2.10-1. Parking Landscaping Stops

6. Refuse storage facilities placed in a parking lot shall not be located in a designated parking space or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and shall be screened according to section 2.11 of this UDC.

7. Handicap parking space(s) shall be provided according to State of Texas Program for the Elimination of Architectural Barriers and shall conform to the Americans Disability Act (ADA) of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards.

8. Parking shall be prohibited in required landscape areas and on unimproved surfaces.

9. To the greatest extent possible, internal drive aisles shall be designed to incorporate 90-degree intersections.

10. All parking spaces for a building must be located within 350 feet of walking distance from the building's public entrance. Big Box, Industrial, Wholesale, and Institutional uses are excluded from this provision.

11. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards.

12. Speed bumps, parking spaces, dumpsters, landscaping, fencing, and other permanent obstructions are not permitted within a fire lane.

13. Drive aisles in front of buildings cannot be longer than 300 feet continuous without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic-calming feature approved by the Director of Engineering Services or their designee.

14. Restaurants shall receive a 50% reduction to the required parking for areas designated as outdoor dining. The reduction in parking only applies to parking spaces that are required due to the square footage of the outdoor dining area.

15. All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick), constructed to standards approved by the Director of Development Services or their designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Planning and Zoning Commission. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or their designee.

16. Cart returns shall be constructed of metal and be permanently affixed to pavement.

17. For industrial, wholesale, and institutional uses, no more than 10% of the required parking can be located in the service/loading area of a building except for buildings located on the street.

18. Multifamily parking shall be in a structured garage that is wrapped by the residential units or cladded to match the exterior of the attached residential units. All parking in a structured garage shall be in spaces with dimensions of 9 feet by 20 feet. Any surface parking associated with a Multifamily development for leasing area, guest parking, retail uses is only allowed between the building and a public street when located at or beyond the required landscape setback and screened with a headlight screen of earthen berms and/or a row of shrubs.

19. Multifamily access to a public street in a single-family neighborhood will be limited access and will not function as a primary access point for the complex. Access to single-family alleys is prohibited. Direct or indirect access to a median opening where located on divided thoroughfare is required.

20. Drive aisles within multifamily developments cannot be longer than 500 feet continuous without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic-calming feature approved by the Director of Development Services or their designee.

Figure 2.10-2. Examples of Traffic Calming Devices

D. Parking Access From a Public Street—All Districts.

1. In the approval of a development plan, consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

2. In all districts (except all SF Districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Building Official or designated representative.

a. Where based upon analysis by the Town, projected volumes of traffic entering or leaving the planned developments are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required to be furnished by the land owner in order to reduce such interference.

b. The determination of additional right-of-way or paving requirements shall be made at the submittal and approval of a Preliminary Site Plan for multifamily and nonresidential developments and Preliminary Plat for all other residential developments.

3. Vehicular access to nonresidential uses shall not be permitted from alleys serving residential.

4. All retail/commercial driveways served by a median opening shall be divided.

a. Driveway medians located along major thoroughfares shall be a minimum of 6 feet wide, and a depth equivalent to the required throat depth, as determined by the Engineering Department. Medians are required to be comprised of natural turf and/or landscaping that does not obstruct visibility, as determined by the Parks and Recreation Department.

b. Driveway medians located along minor thoroughfares shall be a minimum of 4 feet wide, and a depth equivalent to the required throat depth, as determined by the Engineering Department. Medians are required to be comprised of natural turf and/or landscaping that does not obstruct visibility, as determined by the Parks and Recreation Department.

5. All nonresidential properties shall have access to a median opening either directly, or through cross access.

6. All nonresidential lots shall provide cross access drive aisles to adjacent nonresidential properties.

a. If used as a fire lane, the cross-access drive aisle shall meet all the criteria for a fire lane.

b. A shared driveway located along a common property line is encouraged and satisfies the requirement for cross access.

E. Parking Requirements Based on Use. In all zoning districts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the requirements listed in the Schedule of Uses in section 2.07C.

F. Rules for Computing Number of Parking Spaces. In computing the number of parking spaces required for each of the uses listed in section 2.07C., the following rules shall govern:

1. "Floor area" shall mean the gross floor area of the specific use.

2. Where fractional spaces result, the parking spaces required shall be constructed to be the next whole number.

3. The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature, as determined by the Director of Development Services.

4. The Planning and Zoning Commission may approve alternative parking space requirements and/or ratios, subject to consideration of detailed comparable data/studies in conjunction with a Site Plan.

5. Whenever a building or use constructed or established after the effective date of this UDC is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this UDC is enlarged to the extent of 50% or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

6. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Up to 50% of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Planning and Zoning Commission. Shared parking must be on the same site. Such approval may be rescinded by the Planning and Zoning Commission and additional parking shall be obtained by the owners in the event that the Planning and Zoning Commission determines that such joint use is resulting in a public nuisance by providing an inadequate number of parking spaces or otherwise adversely affecting the public health, safety, or welfare. A decision by the Planning and Zoning Commission to rescind a shared parking approval may be appealed to the Town Council in writing.

G. Location of Parking Spaces. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

1. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 600 feet from any other nonresidential building served.

2. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a notarized written agreement thereby assuring their retention for such purpose, shall be properly drawn and executed by the parties concerned, approved as to form by the Town Attorney and shall be filed with the application for a preliminary Site Plan, Site Plan, building permit, or Certificate of Occupancy (CO) whichever occurs first. Parking spaces can be allowed to serve a building that is not on the same lot if the property owner owns both lots and they are adjacent to each other. The parking plan shall be approved by the Director of Development Services.

3. If it is determined that due to existing site constraints, the requirements of this UDC cannot be met, the Director of Development Services may approve the use of parallel or head-in parking located within the street right-of-way, if sufficient right-of-way exists, to satisfy parking requirements.

H. Use of Required Parking Spaces in Nonresidential Districts. Required parking and loading spaces shall be used only for these respective purposes and not for the storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale.

I. Loading Space Requirements.

1. A minimum of one loading space shall be required for big box uses. Loading spaces for other nonresidential uses may be required as determined by the Director of Development Services, if it is determined the use or configuration of the site warrants such.

2. All nonresidential uses providing loading spaces shall provide such loading spaces in accordance with the following requirements:

a. A loading space shall consist of an area of a minimum of 12 feet wide and 30 feet long. Loading bays/doors cannot face or be visible from residential uses, unless they are 500 feet away.

b. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks. Each site shall provide a designated maneuvering area for trucks.

J. Stacking Requirements.

1. Stacking Space Definition: Stacking spaces provide the ability for vehicles to queue on site prior to receiving a service.

2. Stacking Space Size and Location:

a. A stacking space shall be a minimum of 9 feet wide and 20 feet long and shall not be located within or interfere with any other circulation driveway, parking space, or maneuvering aisle.

b. Stacking spaces shall be provided behind the vehicle bay door, middle of the service window, or middle of the service island, whichever is applicable.

c. The stacking/drive-through lanes shall not be placed between the building and the adjacent public right-of-way.

3. Number of required stacking spaces (all districts). In all zoning districts, at the time any building or structure is erected or altered, stacking spaces shall be provided in the number and manner set forth in the following list of property uses:

a. Automated Teller Machine (ATM): Three stacking spaces.

b. Automobile oil change and similar establishments: Three stacking spaces per bay.

c. Car wash: Three stacking spaces for drive-through, or one stacking space per bay.

d. Dry cleaning, pharmacy, or other retail establishments with a drive-through: Three stacking spaces for first service window.

e. Financial institution: Five stacking spaces per window or service lane.

f. Kiosk (with food service): Five stacking spaces for first window, order board, or other stopping point.

g. Kiosk (without food service): Two stacking spaces for first window, order board, or other stopping point.

h. Restaurant with drive-through: Five stacking spaces for first window, order board, or other stopping point.

4. Single stacking space required after the final window, order board, or stopping point. A single stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle.

5. Setback Requirement: Buildings and other structures shall be setback a minimum of 10 feet from the back of the curb of the intersecting driveway or maneuvering aisle to provide adequate visibility and to allow vehicles to safely exit drive-through lanes and escape lanes prior to merging into intersecting driveways or maneuvering aisles.

6. Escape lane requirement for drive-through facilities.

a. An escape lane shall be provided for any use containing a drive-through facility.

b. An escape lane shall be provided in proximity to the first stopping point for any use containing a drive-through facility.

c. An escape lane shall be 9 feet in width and shall provide access around the entirety of the drive-through facility from the point of entry, around the stacking lane, and to the exit.

7. Landscape Requirements: Landscaping shall comply with the requirements set forth in section 2.08F.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.11 Screening Fences and Walls.

A. Purpose. Standards set forth in this section are intended to encourage the appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

B. Location of Required Screening.

1. When a boundary of a multifamily, institutional, or nonresidential use (excluding parks) sides or backs to a property that is zoned or designated on the future land use plan for residential (non-multifamily) uses, or when any institutional or nonresidential use sides or backs to a MF District, a solid masonry screening wall or fence of at least eight foot in height shall be erected on the property line separating these uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties.

Any lot containing drive-through restaurant, and/or automotive use, as defined in section 2.14K, and that is adjacent to a residentially zoned property or areas shown as residential on the future land use plan, shall have a masonry screening wall 8 feet in height and shall be maintained in a manner to provide the intended screening.

The owner of such property of the less restrictive use shall be responsible for and shall build the required wall or fence on his property line dividing his property from the more restrictive zoning district. In cases where the Planning and Zoning Commission finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall after a landscape plan has been prepared to demonstrate equal visual screening.

A screening wall or fence required under the provisions of this section, under a Specific Use Permit, a Planned Development District, or other requirement shall be constructed of clay-fired brick masonry units or other suitable permanent materials which do not contain openings constituting more than 40 square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. Concrete masonry units, poured in place concrete, tilt-up concrete, or concrete panels may be used upon approval by the Planning and Zoning Commission.

Properties located within Downtown Prosper are only required to provide screening along property lines that are adjacent to properties shown as residential on the Future Land Use Plan and zoned as residential. The screening shall consist of an 8-foot cedar board-on-board wooden fence constructed in accordance with the fence ordinance as it exists or may be amended.

2. All required screening walls shall be equally finished on both sides of the wall.

3. All loading and service areas shall be screened from view from adjacent public streets and adjacent property that is zoned or designated on the Future Land Use Plan for residential uses. Screening shall be by walls with complimentary landscaping that is compatible with the project design.

a. Screening walls shall be 14 feet tall with one row of 8-foot minimum evergreen trees adjacent to the loading area.

b. A screening wall is not required if a double row of perimeter evergreen trees is provided on offset 50-foot centers within a 15-foot landscape edge. 50% of the trees shall be canopy evergreen trees.

4. Trash and recycling collection area requirements are as follows:

a. Trash and recycling collection areas shall be located in the rear of the property to minimize visibility. For trash collection areas that have regular trash containers and recycling containers, a double enclosure shall be required.

b. Trash and recycling collection areas shall not be located between a building and street unless approved by the Director of Development Services, or their designee.

c. Collection area enclosures shall contain permanent walls on three sides with the service opening not directly facing any public right-of-way or any residentially zoned property, unless setback a minimum of 250 feet from the right-of-way or residentially zoned property. The fourth side will incorporate a metal gate of a height equal to the height of the wall to visually screen the dumpster or compactor. The metal gate shall be closed at all times unless the container(s) are being serviced.

d. Screening enclosures shall be visually and aesthetically compatible with the overall project.

e. Trash and recycling receptacles shall be screened with a minimum 8-foot clay fired brick or stone wall of sufficient height to entirely screen the container(s) and of a color that is consistent with the color of the primary building.

f. Trash compactors shall be screened with a minimum 8-foot clay fired brick or stone wall of sufficient height to entirely screen the container(s) and of a color that is consistent with the color of the primary building.

g. Enclosure sizes and specifications shall be determined by the Town's trash and recycling contractor, subject to approval by the Director of Development Services or their designee.

h. A row of Nellie R. Stevens Holly, or other evergreen species as approved by the Director of Development Services or their designee that is a minimum 4 feet in height at the time of planting and has a mature height of a minimum 6 feet, shall be planted in a minimum 5-foot-wide landscaped area that borders the three permanent walls of the enclosure. If this required landscape area is located on the perimeter of the property, the perimeter landscape area may be used towards this requirement and will not need to be widened, provided that it is a minimum 5 feet in width and can accommodate the required plantings. The required landscape area shall be irrigated.

i. No trash and recycling collection area shall be located in the corner visibility triangle defined by measuring 15 feet down two intersecting streets' right-of-way lines, then joining the said points to form the hypotenuse of the triangle.

j. The path used from the business door to the collection area enclosure shall remain clear of debris and food residue at all times.

5. Where any alley intersects with a street, no fence or plant taller than two and one-half feet may be placed within a sight visibility triangle defined by measuring 5 feet down the alley right-of-way line and measuring 15 feet down the street right-of-way line, then joining said points to form the hypotenuse of the triangle.

6. In any residential zoning district, or along the common boundary between any residential and nonresidential district where a wall, fence, or screening separation is provided, the following standards for height, location, and design shall be observed:

a. Any fence or wall located to the rear of the minimum required front yard line shall not exceed 8 feet in height above the grade of the adjacent property. Where a fence intersects a screening wall and the height of the fence exceeds the height of the screening wall, the height of the fence shall transition to the height of the screening wall over a distance of 20 feet.

b. The maximum height of a fence or wall in a required front yard of a single-family shall not exceed 4 feet. Combinations of berms and fences shall not exceed 4 feet in height. Ornamental metal fencing that is attached to required screening walls as defined in this UDC, as it currently exists or may be amended, may be constructed up to 8 feet in height in the front yard of cul-de-sac lots for only the side of the lot that is adjacent to a street with a right-of-way width of 60 feet or greater. The height of this fence shall not exceed the height of the adjacent required screening wall.

c. The maximum height of a fence in a required front yard of a single-family lot that is 1 acre or larger may exceed the 4-foot height limit established above, provided that said fence shall not exceed 8 feet in height and shall be constructed of wrought iron or decorative tubular steel.

7. Screening shall be required between residential lots and adjacent rights-of-way as required by this UDC, as it currently exists or may be amended.

8. Rooftop and ground-mounted mechanical equipment shall be screened with a parapet wall and/or masonry wall to a height taller than 12 inches than the mechanical equipment being screened. Where rooftop-mounted mechanical equipment is not screened from view at a point six feet above ground level at the property line, alternative forms of screening are required, and may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of Development Services. Rooftop-mounted mechanical equipment shall also be screened from adjacent public right-of-way, additionally alternative forms of screening are required, and may be of constructed of metal, acrylic or similar material, subject to approval of the Director of Development Services.

9. A 6-foot high and three-foot wide irrigated living screen shall be required when nonresidential parking is located adjacent to residential within Downtown Prosper. The living screen is not required where a wood fence is required in accordance with subsection B.1 above.

10. For residential property, all air conditioning units, trash/recycling containers, and pool equipment shall be entirely screened from view from adjacent public right-of-way by a living screen consisting of evergreen shrubs, a solid privacy fence, or through building orientation.

11. Electric transformers shall be fully screened from view by a minimum 5-foot high masonry wall or solid landscaping screen. Additional height or screening is required to ensure the electric transformer is not visible from adjacent public rights-of-way.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.12 Outdoor Lighting.

A. Purpose. The purpose of this section is to:

1. Reduce the problems created by improperly designed and installed outdoor lighting.

2. Eliminate problems of glare on operators of motor vehicles, pedestrians, and land uses.

3. Minimize light trespass.

4. Reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor lighting fixtures can illuminate.

5. Preserve the night sky as a natural resource and thus people's enjoyment of looking at the sky and stars.

B. General Requirements.

1. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this section.

a. Light sources or luminaires are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails.

b. Light for outdoor advertising shall be designed to function as full cutoff type of luminaire(s). Lighting intended for outdoor advertising shall be directed downward. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting in subsection C below.

c. All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three feet above grade on the lot line abutting a protected residential property. In all other instances, the light source must be completely shielded from direct view of at a point 5 feet above grade on the lot line.

d. All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line next to protected residential property shall not exceed 1/4 footcandle and shall not exceed 1/2 footcandle adjacent to a street right-of-way.

e. All luminaries and light sources subject to this section shall be maintained and kept in good working order.

f. Lighting for canopies covering fueling stations at automobile service stations and drive-through facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source (bulb or lamp) is completely shielded from direct view at a point 5 feet above the grade on the lot line.

g. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard areas within 30 feet of the building. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following:

i. That the proposed lighting is not in conflict with the stated purpose;

ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and

iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

h. Any open area used for motor vehicle parking, storage or access shall be illuminated with freestanding luminaries. Freestanding luminaires are permitted to be a maximum of 30 feet in height. When a luminaire is located within 100 feet of protected residential property, the maximum permitted luminaire's height shall be 20 feet. All luminaires must have a total cutoff angle equal to or less than 90 degrees. The use of exterior lighting with a cutoff angle greater than 90 degrees shall be permitted only when the Building Official finds the following:

i. That the proposed lighting is not in conflict with the stated purpose;

ii. That the proposed lighting will not unreasonably harm or restrict public health, safety, and welfare or create a nuisance; and

iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

i. Externally illuminated signs, advertising displays, billboards, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded.

j. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimizing spill-light and glare.

k. Building facades and architectural features of buildings may be floodlighted when the following conditions are met:

i. Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the facade or feature being illuminated;

ii. The configuration of the floodlight installation shall block all view to the floodlight fixture's lamp from adjacent properties; and

iii. The maximum luminance of any floodlighted surface does not exceed the footcandles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces.

C. Temporary Outdoor Lighting.

1. Any temporary outdoor lighting that meets the requirements of this section shall be allowed. Nonconforming temporary outdoor lighting may be approved by the Director of Development Services after considering:

a. The nature of the exemption;

b. The public and/or private benefits that would result from the temporary lighting;

c. Placement and height of outdoor light fixtures;

d. Type of outdoor light fixture to be used, including total lumen output and character of shielding, if any;

e. Any annoyance or safety problems that may result from the use of the temporary lighting;

f. The duration of the temporary nonconforming lighting and time that lights will be operating; and

g. Such other data and information as may be required by the Building Official and/or Planning and Zoning Commission to clarify the request.

2. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Town Building Inspector, who shall prepare and forward a report to the Director of Development Services for its consideration.

D. Illumination Levels. The illumination levels contained in the Illuminating Engineering Society of North America Lighting Handbook, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The Planning and Zoning Commission may require conformance with the illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private and/or public development project.

E. Method of Measurement.

1. The light measuring meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus 5%. It should have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of its use.

2. Illumination levels shall be measured in footcandles with a meter sensor in a horizontal position at an approximate height of 3 feet above grade. Maximum illumination readings are to be taken directly beneath the luminaries. Readings should be taken after a cumulative initial lamp burn for a period of at least 200 hours.

F. Exterior Lighting Plan.

1. A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a single-family detached or duplex dwelling. The lighting plan shall be submitted to the Building Inspections Department. The submission shall contain, but not be limited to the following:

a. Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices;

b. Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaries; and

c. Photometric plan and data sheets, such as those furnished by manufacturers, or similar to those furnished by manufacturers, showing the angle of cut off or light emissions.

2. A certified engineer, architect, landscape architect, or lighting engineer or designer shall prepare the plan. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this ordinance after installation. Once the plan is approved by Building Inspections, the exterior lighting of the property shall conform to the approved plan.

3. Additional Submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the reviewer to readily determine whether compliance with the requirements of this section will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration or the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory.

Before issuance of a certificate of occupancy, the applicant or their designee shall submit to building inspections a photometric plan, stamped by a certified testing laboratory or engineering firm that the installed lighting is in compliance with this section.

4. Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the issuance of the building permit and/or certificate of occupancy, a change request with adequate information, as required in subsection F.1 above, to ensure compliance with this section must be submitted to the Building Official for review and approval prior to the substitution.

G. Prohibited. The following are prohibited by this section:

1. "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors which house other than incandescent light sources.

2. Flickering or flashing lights.

3. Exposed neon lighting, except for open/closed signs hanging inside a building door or window.

H. Exemptions. The following are exempt from the standards contained in this Ordinance:

1. Decorative seasonal lighting. The decorative seasonal lights shall be removed within a reasonable time after any given reason. The Building Official will determine what the "reasonable time" should be.

2. Lighting for single-family detached or duplex dwellings, provided that:

a. The lamps have a power rating of less than or equal to 1,100 lumens;

b. A cutoff component is incorporated in the design of the luminaries;

c. The lighting level at the property line shall not exceed the maximum level specified within this section; and

d. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten minutes.

3. Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement.

4. Temporary emergency lighting used by police, firefighters, or other emergency services, as well as all vehicular luminaries.

5. Hazard warning luminaires, which are required by federal and state regulatory agencies.

6. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and lanterns. The party lights shall be removed within a reasonable time after any given reason. The Building Official will determine what the "reasonable time" should be.

7. Because of their unique requirement for nighttime visibility and their limited hours of operations, public and commercial ball diamonds, playing fields, and tennis courts are exempted from the general standards of this section. Private ball diamonds, playing fields, and tennis courts on a single-family lot built as an accessory use to the home on that lot are subject to the requirements of this section. Lighting for these public and commercial outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto protected residential properties. The maximum permitted illumination at the property line shall not exceed two footcandles.

8. Town Council may vary from these requirements as part of the approval of public street or sidewalk projects.

I. Nonconforming Luminaries.

1. Exterior lighting luminaires in existence on the effective date of this ordinance shall be considered nonconforming. Such fixtures may be repaired, maintained and replaced. However, the nonconforming lighting luminaires shall be replaced to comply with this section when the property is redeveloped.

2. Exterior lighting luminaires existing on the effective date of this ordinance which are located on private nonresidential used property and are found to direct light or glare to protected residential properties may be declared a public nuisance if the level of illumination on protected residential property, which is caused by the luminaries, is greater than one-quarter footcandle. Such fixtures shall be altered to reduce the level of illumination in the protected residential property to a one-quarter footcandle within two months of receiving a written notice of the violation from the Town. Two-foot candles are allowed for public and commercial ball diamonds, playing fields and tennis courts.

J. Enforcement. The Building Official, or their designee, is hereby empowered and directed to administer and enforce the provisions of this section relating to outdoor light control.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.13 Accessory Buildings and Uses.

A. Generally. In a residential zoning district, an accessory building is a secondary or incidental building, attached to or detached from the main building without separate kitchen facilities, and not used for commercial purposes or short-term rentals. A garage apartment and a guest house may include kitchen facilities but shall not be used for commercial purposes or short-term rentals. An accessory building shall be similar to the primary dwelling in appearance and character.

B. Subordinate Building. In other zoning districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

C. Area Regulations for Accessory Buildings in Residential and Multifamily Districts.

1. Accessory building yard requirements in the MF District shall be the same as the main building unless approved by the Planning and Zoning Commission on a Preliminary Site Plan for the multifamily development. Accessory building yard requirements for all other residential zoning districts shall be as set forth below.

2. Size of yards:

a. Front yard: Detached front accessory buildings shall have a front yard not less than the main building or as specified in the particular zoning district.

b. Side yard: There shall be a side yard not less than three feet from any side lot line, or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten feet. In the case of an accessory building being closer than ten feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than 15 feet.

c. Garages and carports: Garages and carports located and arranged so as to be entered from the side yard shall have a minimum distance of 20 feet from the side lot line, alley line, or easement line. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required front yard for the main building.

d. Rear yard: There shall be a rear yard not less than three feet from any lot line or alley line, or easement line, except that:

i. If no alley exists, the rear yard shall be not less than ten feet as measured from the rear lot line;

ii. Carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than 10 feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building;

iii. Accessory buildings constructed ten feet or more from the main building shall have a rear yard of three feet. If an alley exists, accessory buildings may be located within 3 feet of a rear lot line if the height of the building is no greater than 8 feet and a solid fence or wall of the same height shall be built on the rear lot line to screen the building from property located to the rear;

iv. Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear yard or alley easement line a minimum distance of 20 feet.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.14 Additional and Supplemental.

A. Lot Regulations.

1. The minimum lot area for the various zoning districts shall be in accordance with the individual districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this UDC, may be used for a single-family dwelling and no lot existing at the time of passage of this UDC shall be reduced in area below the minimum requirements set forth in the respective district.

2. Location of dwellings and buildings. All lots or unplatted tracts may have only one main building for single-family use located on them. Additionally, accessory buildings may be permitted in accordance with this UDC.

3. Every means of access shall have a minimum lot width of 25 feet at the property line.

4. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the Site Plan for such development is approved by the Planning and Zoning Commission so as to comply with the UDC's requirements for platting.

5. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

6. Flag lots may be created if the width of the narrow area of the lot fronting on public right-of-way meets the minimum lot width requirements for the property's zoning district. A lot width of less than 50 feet shall require a variance for approval in special circumstances, but in no case shall a lot width less than 40 feet be approved.

7. Residential density calculations. The maximum permitted residential densities for the TH and MF Districts shall be calculated using the net acreage of the site to be developed.

a. Net acreage shall not include the following:

i. Right-of-way dedicated for major thoroughfares.

ii. Required parkland dedication.

iii. Detention.

iv. Land used for nonresidential purposes.

v. Non-reclaimed floodplain.

b. Net acreage may include the following:

i. Private open space.

ii. Park dedication in excess of minimum park dedication requirements.

iii. 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 Development Services or their designee.

B. Minimum Dwelling Unit Area. The minimum dwelling unit area of a residential unit shall be as specified in each residential zoning district in article 2 of this chapter. Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive of porches, enclosed or open breezeways, storage areas, garages, or other non-living space. The minimum dwelling unit area will generally be air-conditioned space.

C. Front Yard.

1. On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a Final Plat.

2. The minimum front yard in single-family and two-family zoning districts may be reduced by ten feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than 15 feet.

a. For an outside swing-in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet and the height of the garage does not exceed one story; or

b. For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay windows without floor area or chimney; or

c. For a non-enclosed porch and the main structure provided;

i. The height of the main structure does not exceed one story;

ii. The porch has a minimum dimension of seven feet in depth measured from stud to the front edge of the porch floor and a minimum width of 20 feet; and

iii. The minimum front yard for a front entry garage is increased one foot for every one foot the minimum front yard for the main structure is reduced.

3. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive zoning district for the entire frontage.

4. Where a building line has been established by a plat approved by the Town of Prosper or by ordinance prior to the adoption of this UDC, and such line required is a greater or lesser front yard setback than prescribed by this UDC for the zoning district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat provided no such building line shall be set back less than 20 feet.

5. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed three feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the ground under the structure.

6. Where a lot fronts and backs to two different streets, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard needs be observed.

7. Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street center line obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection.

a. At a street intersection where one or both of the streets is a major thoroughfare, clear vision must be maintained for a minimum of 25 feet across any lot measured from the corner of the property line in both directions.

b. At an intersection of two neighborhood streets, this clearance must be maintained for 10 feet.

c. At an intersection of a neighborhood street and an alley, this clearance must be maintained 5 feet down the alley and 15 feet down the street.

8. Gasoline, or other hydrocarbon fuel, service station pump islands including their associated unenclosed canopies shall meet the front yard setback requirements when located adjacent to a public street.

9. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.

D. Side and Rear Yards.

1. On a key lot used for Single-Family or Townhome dwellings, both street exposures shall be treated as front yards, with the setback on the side without the building frontage matching the front setback of the property to the building's rear. This standard applies to all key lots except where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on the plat approved by the Town of Prosper containing a side yard of 15 feet or more. On lots that were official lots of record prior to the effective date of this UDC, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the zoning district.

2. Every part of a required side yard shall be open and unobstructed from the ground upward except for accessory buildings as permitted herein and the ordinary projections of windowsills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Air conditioning compressors and similar appurtenances are permitted in the side yard.

3. Side yard setbacks in the C District may be waived for a building when attached to an adjacent building and is shown on a Site Plan approved by the Planning and Zoning Commission.

4. The face (meaning garage door) of a garage that faces a side yard (a swing-in garage) must be set back 24 feet from the side property line.

5. Nonresidential uses that are permitted within a single-family zoning district (such as a day care, school, or church) shall maintain a 40-foot side and rear building setback when adjacent to a property that is zoned or designated on the future land use plan for residential uses.

E. Special Height Regulations.

1. Water stand pipes and tanks (excluding Town owned and/or operated water tanks), church steeples, domes, spires, school buildings, and institutional buildings may be erected to exceed three stories in height, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three stories.

2. Ornamental features in all nonresidential zoning districts may exceed the maximum building height provided that the ornamental feature does not contain floor area and provided the required setbacks for the ornamental feature are increased by two feet for every one foot that the ornamental feature exceeds the maximum height. Ornamental features include, but are not limited to towers, spires, steeples, and cupolas.

F. Measurements. All measurements of setback requirements shall be made according to section 2.04C, Dimensional Standards.

G. Modular Homes. A modular home may be permitted in the A, SF-E, SF-15, SF-10, TH, or MF Districts providing that the following requirements are met:

1. The dwelling shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.

2. Conforms to all applicable zoning standards for the respective zoning district.

3. Is affixed to an approved permanent foundation system.

4. The building official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Occupations Code Ch. 1201.

5. The modular home is placed on an approved platted lot of the Town.

H. Exterior Construction of Residential Buildings.

I. The roof pitches of a main building or structure, including garages in the A, SF-E, SF-15, SF-10, and TH Districts shall meet the following roof pitch standards:

1. A minimum of 65 percent of the surface area of composition roofs shall maintain a minimum roof pitch of 8:12.

2. A minimum of 75 percent of the surface area of clay tile, cement tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of 3:12.

3. Wood roof shingle are prohibited.

J. Handicap Accessibility. If applicable all nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act (ADA) of 1991, as may be amended, accessibility guidelines, the Uniform Federal Accessibility Standards, and Texas Accessibility Standards (TAS).

K. Personal Storage and Mini-warehouse Facilities.

1. The side building lines of a personal storage or mini-warehouse facility may be reduced by approval of the Planning and Zoning Commission at the time of the preliminary Site Plan approval. The configuration of the storage units shall be with the doors facing into the site with the rear walls of the units serving as the outer boundary.

2. Self-storage or mini-warehouse facilities must comply with this UDC, and its amendments relating to the construction material used for exterior buildings. Notwithstanding any other provisions to the contrary, a personal storage or mini-warehouse facility constructed adjacent to a residential area, whether separated by a dedicated street or not, shall exclusively use clay fired brick or stone as the exterior construction material.

L. Adjacency of Certain Uses to Residential Zoning.

1. All buildings, gasoline pump islands, vacuums, outdoor speakers, gasoline or fuel storage tanks, air and water dispensers, and other structures in conjunction with any automotive use shall be located a minimum of 200 feet from any residential zoning district or areas shown as residential on the future land use plan. No service bay shall face a residential zoning district or areas shown as residential on the future land use plan. Automotive uses shall be defined as the sales, leasing, renting, servicing, repair, or washing of automobiles, boats, motorcycles, trucks, or any other motor vehicle.

2. All buildings, structures, and outdoor speakers used in conjunction with any drive-through restaurant or drive-in restaurant shall be located a minimum of 200 feet from any residential zoning district or areas shown as residential on the future land use plan.

3. Any lot containing a drive-through restaurant, drive-in restaurant, and/or an automotive use as defined in this subsection and that is adjacent to a residentially zoned property or areas shown as residential on the future land use plan shall comply with the landscape requirements set forth in section 2.08F. Any lot containing a drive-through restaurant, drive-in restaurant, and/or an automotive use as defined in this subsection and that is adjacent to a residentially zoned property or areas shown as residential on the Future Land Use Plan shall comply with the landscape requirements set forth in section 2.08F and screening wall requirements set forth in section 2.11B.

4. The requirements listed in this subsection shall not apply to a drive-through restaurant, drive-in restaurant, and/or an automotive use within 200 feet of a residential zoning district that is separated from the residential area by an existing or future major thoroughfare identified on the Town's thoroughfare plan.

M. Residential Development Adjacent to Railways.

1. Minimum building setback, screening, and landscaping requirements: When a boundary of a residential subdivision is adjacent to a railroad right-of-way, one of the two following screening options shall be installed within three months from the date of Town acceptance of public improvements:

a. Option One.

i. A minimum building setback of 50 feet shall be required from the railroad right-of-way; and

ii. A 100% clay fired brick or stone wall with a minimum height of 6 feet shall be constructed on the railroad right-of-way line; and

iii. One 3-inch caliper large tree shall be planted a minimum of 30 linear feet on center adjacent to the residential side of the wall. A minimum of 50% of the trees shall be of the evergreen variety. The landscaped area shall be mechanically irrigated. The lot owner shall be responsible for the replacement of required plant materials.

b. Option Two.

i. A minimum setback of 80 feet shall be provided from the railroad right-of-way; and

ii. A 6-foot-high earthen berm with a maximum slope of 3:1 shall be constructed adjacent to the railroad right-of-way line.

iii. One 3-inch caliper large tree shall be planted a minimum of 20 linear feet on center along the top or on the residential side of the berm. A minimum of 50% of the trees shall be of the evergreen variety. The landscaped area shall be mechanically irrigated. The lot owner shall be responsible for the replacement of required plant materials.

2. Platting requirements:

a. The setback area shall be designated on the plat as follows: "This setback area is reserved for screening purposes. The placement of structures on this land or the removal of healthy screening plant materials is prohibited."

b. Should the setback area be part of a single-family lot, the setback area shall also be recorded on the plat as a building line.

3. This section shall not apply to any residential development with an approved Preliminary Site Plan, Preliminary Plat, and/or Final Plat prior to adoption of this UDC.

N. Alternating Single-Family Plan Elevations.

1. In the SF Districts, a minimum of four distinctly different home elevations shall be built on the same side of the street. Similar elevations shall not face each other. The same elevation shall not be within three homes of each other on the same side of the street.

2. Different exterior elevations can be developed by means of at least two of the following criteria:

a. Varying roof forms/profiles with distinct pitches, projections, or cupolas;

b. Varying facades with different window, door, and articulation styles and placements;

c. Varying entry treatments such as porches and columns;

d. Varying building heights, stories, or setbacks.

O. Residential Garage Standards.

1. In the SF Districts, garages shall meet the following requirements:

a. In no instance shall a garage door directly facing a street be less than 25 feet from the property line.

b. Garage doors directly facing a street shall not occupy more than 50% of the width of the front facade of the house.

c. Where a home has three (3) or more garage/enclosed parking spaces, no more than two single garage doors or one double garage door shall face the street, unless the garage door(s) are located behind the main structure.

P. Accessory Building Construction.

1. An accessory building that is larger than 160 square feet may be vinyl, fiber cement board, or factory coated decorative metal if the wall height of the building does not exceed 14 feet and if three of the following six conditions are met:

a. A minimum three-foot-high wainscoting is provided on all sides, excluding windows and doors;

b. Divided light windows are provided on at least two sides of the building;

c. A minimum roof pitch of four in 12 is provided;

d. A cupola is provided;

e. One tree, a minimum size of two caliper inches, is planted every 25 feet, or portion thereof, along the longest two sides of the building; or

f. A minimum 20-foot side yard setback is provided.

2. In no instance shall the height of an accessory building or detached garage exceed the height of the primary dwelling.

3. Accessory buildings in excess of 160 square feet shall be located behind the primary structure at a point no closer than ten feet from the rear wall line of the primary structure.

4. A Specific Use Permit is required for either of the following instances:

a. An accessory building that is greater in size than the primary dwelling. For the purpose of this subsection, the total size of the primary dwelling includes the size of an attached private garage;

b. The size of the accessory building is greater than seven percent of the size of the lot area; or

c. The size of the accessory structure is greater than 4,000 square feet.

[Ordinance 2026-24 adopted 4/28/2026]

§ 2.15 Nonresidential Design and Development.

A. Applicability.

1. The purposes of this Division are to:

a. Establish minimum standards for the appearance of development and corresponding architectural design and site elements that enhance property values, reflecting the interest of the Town's general welfare;

b. Promote variety, visual interest, and pedestrian-oriented streets in new development;

c. Encourage the design of a developed environment that is built to the human scale;

d. Ensure buildings are compatible with the surrounding areas and contribute to the unique community character of the Town; and

e. Encourage high quality design supportive of the Comprehensive Plan vision, goals, objectives, and recommendations by establishing a system to achieve greater regulatory flexibility for development through provision of certain desirable design and performance characteristics. The intent of these provisions is to promote high-quality development that relates to the street, scale of development, and surrounding land uses by incentivizing three properties of good design: massing, use of materials, and attention to detail. No part of these provisions is intended to prohibit or restrict the use of certain building materials or methods. If a property is subject to a development agreement that addresses building materials, those requirements shall be followed.

2. The regulations provided in this article shall apply to all office, retail, restaurant, service, automobile, commercial, mixed uses, industrial, wholesale, and institutional uses. Where the regulations of this section conflict with other sections of this ordinance, the regulations of this division shall apply.

3. Unclassified non-residential uses (i.e. amenity centers) which are permitted in residential districts shall develop in accordance with the office, retail, restaurant, service, automobile, and commercial development standards.

B. Process. All buildings within a common development, as shown on a Preliminary Site Plan, shall have similar architectural styles, materials, and colors.

1. Conceptual facade plans and sample boards shall be submitted with the Preliminary Site Plan application for all non-residential uses. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met.

2. A final facade plan and sample boards shall be submitted with the final site plan application for all non-residential uses. Facade plans will be used only to ensure minimum standards are met. Facade plans shall be reviewed and approved by the Director of Development Services or their designee. The applicant may appeal the decision to the Planning and Zoning Commission and Town Council using the appeal procedure in this UDC.

C. Design Standards for Office, Retail, Restaurant, Service, Automobile, Commercial, and Mixed-Use Development.

1. Exterior appearance of buildings and structures.

a. All buildings shall be finished on all four sides with the same materials, detailing, and features and with a higher level of finish on the front facades (as set forth in the requirements below), except the rear facade if two rows of trees are planted on the perimeter behind the building. In this case, the architectural finish must match the remainder of the building in color only. A double row of trees on offset 50-foot centers in a 15-foot landscape edge, where 50 percent of the trees are canopy evergreen trees. This is for facades that are not visible from public streets and apply to anchor buildings and attached in line spaces only. This provision does not apply to "out" buildings or pad sites. The intent of this subsection is not to limit materials but rather to ensure consistency in their use.

b. Any building visible from a public right-of-way shall either face such right-of-way or shall have a facade facing such a right-of-way consistent with the character of the front facade.

c. All buildings constructed primarily of brick shall incorporate a form of brick patterning (excluding typical traditional brick patterning, i.e., Running Bond). Acceptable patterning may include those represented below, or similar subjects to approval by the Director of Development Services:

d. All retail/commercial buildings with facades greater than 200 feet in length shall incorporate wall plane projections or recesses that are at least six (6) feet deep. Projections/recesses must be at least 25 percent of the length of the facade. No uninterrupted length of facade may exceed 100 feet in length. This requirement does not apply to building developed and occupied entirely for office uses.

e. All primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non-reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted.

f. Corporate identities that conflict with the building design criteria shall be reviewed on a case-by-case basis and approved by the Director of Development Services or their designee. The applicant may appeal the decision to the Planning and Zoning Commission and Town Council using the appeal procedure in this UDC.

g. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint.

h. Outdoor vending machines, ice machines, and kiosks are not allowed.

i. The Director of Development Services or their designee may approve variations from these design standards which are equivalent to, or exceed, the standards set forth in this subsection.

j. Downtown development standards are as follows:

i. An articulated parapet wall or cornice may be used in place of the sloped roof as required in subsection o below.

ii. All windows shall include a minimum sill height of 18 inches.

iii. Roof pitches of a nonresidential main building or structure that is downtown shall meet the following:

(a) A minimum of 65 percent of the surface area of composition roofs shall maintain a minimum roof pitch of 8:12.

(b) A minimum of 75 percent of the surface area of clay tile, cement tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of 3:12.

k. Required Design Element Options. The following is a list of design elements that, based upon the size of a building (see subsection l below), must be incorporated into a building's design:

i. Canopies, awnings, or porticos;

ii. Overhangs;

iii. Recesses or projections; (in addition to what is required in subsection j above)

iv. Arcades;

v. Peaked roof forms;

vi. Arches;

vii. Display windows;

viii. Architectural details (e.g., tile work or moldings incorporated into the building facade);

ix. Integrated planters or wing walls that incorporate landscape and sitting areas;

x. Offsets, reveals, or projecting ribs used to express architectural or structural bays.

l. Minimum Use of Design Elements. A building's floor area shall determine the minimum number of required design elements generally distributed along each facade as set forth below:

i. A building square footage between 0 and 20,000 square feet shall have at least three (3) design elements listed in subsection k above.

ii. A building square footage between 20,001 and 50,000 square feet shall have at least five (5) design elements listed in subsection k above, and shall be designed to appear as separate but attached buildings through the use of building material changes, wall plane/horizontal articulation, and roofline/vertical articulation.

iii. A building square footage exceeding 50,000 square feet shall have at least seven (7) design elements listed in subsection k above, and shall be designed to appear as separate but attached buildings through the use of building material changes, wall plane/horizontal articulation, and roofline/vertical articulation.

m. Front Facade Entry Requirements.

i. A front facade shall be articulated and designed to present a distinctive entry presence, emphasizing the building's entry point along the facade.

ii. Entry design shall consist of at least three of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street and parking:

(a) Architectural details such as arches, friezes, tile work, murals, or moldings.

(b) Integral planters or wing walls that incorporate landscaping or seating.

(c) Enhanced exterior light fixtures such as wall sconces, light covers with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.

(d) Prominent three-dimensional features, such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets.

(e) A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches or architectural or decorative columns.

n. Pedestrian Shelter. Facades shall provide shelter integrated into the building form along the side of at least twenty-five percent (25%) of all building frontages adjacent to or facing the principal street or adjacent parking with a maximum shelter height of fifteen (15) feet.

o. Roof Design Standards. All structures except as provided below shall be constructed with a pitched roof, flat roof (pitch less than or equal to 2:12) with a parapet, true mansard roof, or any combination of the preceding.

i. Roofs for stairwells, elevator machine rooms, and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this subsection, visible shall be defined as capable of being seen at a height of six (6) feet while standing at the highest grades on the property line or from adjacent public streets.

ii. All buildings with a footprint of less than 10,000 square feet and located 100 feet or less from a residential zoning district shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a six to 12-inch minimum slope. All buildings with a footprint of less than 10,000 square feet and located 100 feet or greater from a residential zoning district shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof, or a flat roof with an articulated parapet wall or cornice. All roofing types are allowed if they meet IBC standards, provide architectural detail, and have a minimum 30-year life.

p. Windows.

i. Reflective glass shall not be permitted; glass shall not have solar reflectance that exceeds twenty percent (20%). The intent of this provision is to prevent the safety hazard of light reflecting from the windows on to adjacent roadways.

ii. Glass shall have a character of transparency. Tinted glass may be used, however, the tinting shall not reduce the light transmission to less than thirty-five percent (35%).

iii. Buildings shall provide glazing on a minimum of thirty-five percent (35%) of the ground floor front facade.

iv. Side elevations shall contain a minimum of ten percent (10%) glazing of the ground floor side facade.

v. Windows shall be individually defined with detail elements such as frames, sills, and lintels, and be placed to visually define the building stories.

vi. All buildings shall be designed to incorporate a form of window articulation. Acceptable articulation may include the following:

(a) Detailed/patterned mullions.

(b) Glass depth from wall, minimum eight inches.

(c) Projected awnings/sunshades.

(d) Water table in lieu of floor to ceiling glass.

(e) Articulated lintel (i.e., soldier course in brick or material change EIFS or cast stone with min. 1/2" projection).

(f) Articulated sill (i.e., soldier course in brick or material change EIFS or cast stone with min. 1/2" projection).

(g) Cast stone surrounds on entire window.

D. Design Standards for Industrial, Wholesale, and Institutional Development.

1. Exterior appearance of buildings and structures.

a. The front facade, all facades facing public right-of-way, and all facades facing property that is zoned or designated on the future land use plan for residential uses shall be architecturally finished with same materials, detailing, and features. The architectural finish of all other facades must match the remainder of the building in color only.

b. All buildings with a front facade or a facade facing public right-of-way which are greater than 200 feet in length shall incorporate projections or recesses that are at least six feet deep. Projections/recesses must be at least 20 percent of the length of the facade.

c. Windows shall have a maximum exterior visible reflectivity of ten percent. The intent of this provision is to prevent the safety hazard of light reflecting from the windows on to adjacent roadways.

d. All primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non-reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted.

e. Corporate identities that conflict with the building design criteria shall be reviewed on a case-by-case basis and approved by the Director of Development Services or their designee. The applicant may appeal the decision to the Planning and Zoning Commission and Town Council using the appeal procedure in this UDC.

f. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint.

[Ordinance 2026-24 adopted 4/28/2026]