[Ordinance 2026-24 adopted 4/28/2026]
A.
Residential Uses.
1.
Manufactured home. A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems with the appropriate label. The term does not include a recreational vehicle (or under the Texas Manufactured Housing Standards Act, Texas Occupations Code, Ch. 1201, as amended).
2.
Model home. A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built, or which are proposed to be built in the same subdivision.
3.
Multifamily dwelling. A building or buildings containing three or more dwelling units living independently of one another, exclusive of Full-Service Hotels, Limited-Service Hotels, or Residence/Extended Stay Hotels.
4.
Private street development. A development of two or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of the subdivision ordinance. The term "private street" shall be inclusive of alleys.
5.
Retirement housing. A building or group or buildings consisting of attached or detached dwelling units designed for the housing of age-restricted residents. In addition to housing, this type of facility may provide services to its residents such as meals in a central dining room, housekeeping, transportation and activity rooms. The facility shall not be licensed as an assisted living center or a skilled nursing home.
6.
Single-Family Dwelling, Detached. A dwelling designed and constructed for Occupancy by one family and having no physical connection to a building located on any other separate lot or tract.
7.
Townhome (Single-Family Dwelling, Attached). A structure located on a lot with fee simple ownership with each unit designed for Occupancy by one family and each unit attached to another by a common wall.
B.
Accessory and Incidental Uses.
1.
Accessory building. A building that is subordinate to and functionally related to the primary building, which contributes to the comfort, convenience, or necessity of occupants of the primary building on the same platted lot. Accessory buildings shall be detached from the primary building.
2.
Caretaker's/Guard's residence. A residence located on premises with a main nonresidential use and occupancy only by a caretaker or guard, and their family, employed on the premises.
3.
Construction yard and field office, temporary. A building, structure, or storage/assembly yard used in conjunction with a development project for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the development and subject to removal at completion of construction.
4.
Gas pumps. Any facility, equipment, or fixture, including canopy, used for retail dispensing of motor vehicle fuels.
5.
Guest house. A second, attached or detached dwelling unit located on the same lot or tract as the primary dwelling unit, which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. A mobile home or a HUD-Code manufactured home shall not be considered as a guest house.
6.
Helistop. A place where helicopters can land and take off only and excluding refueling, maintenance, repairs, and storage of helicopters.
7.
Home-based business. An occupation carried on in a dwelling unit or an accessory building to a dwelling unit, by a resident of the premises only, that is clearly incidental and secondary to the use of the premises for residential and which can be conducted without any significantly adverse impact on the surrounding neighborhood.
8.
Mobile food vendor. Any person or persons who operates or sells food from a self-propelled vehicle or stationary cart for a period of 15 days or greater per year. This definition does not include mobile food units. Mobile food vendors who operate for 14 days or less shall be considered temporary food establishments, as defined by the Town of Prosper Health Ordinance as it exists or may be amended.
9.
Outside merchandise display, incidental. The unenclosed display of commodities, materials, goods, inventory, or equipment readily accessible to the public for retail sales in conjunction with a primary enclosed use.
10.
Outdoor merchandise display, temporary. The temporary display of merchandise such as a sidewalk sale subject to conditional development standards.
11.
Outdoor storage, incidental. The unenclosed storage of commodities, materials, goods, or equipment in conjunction with a primary enclosed use and typically located in an area not readily accessible to the public.
12.
Residential garage loft. A small, accessory dwelling located above a private garage which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit.
13.
Retail/service incidental. Any use different from the primary use but which compliments and/or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental shall mean a floor area that constitutes not more than 15% of the main use.
14.
Temporary building. An industrialized or modular building or structure without a permanent foundation. Membrane structures shall not be considered a temporary building.
C.
Educational, Institutional, Public, and Special Uses.
1.
Airport/heliport. A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling/repair, and various accommodations for passengers.
2.
Assisted care or living facility. A facility which provides residence and care to ten or more persons regardless of legal relationship who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel. This definition shall also include a facility providing health care or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease.
3.
Athletic stadium/field or sports arena, private. The private field(s) and structure used for sporting events with associated spectator seating, either permanent or temporary.
4.
Athletic stadium/field or sports arena, public. The field(s) and structure owned and operated by the Town of Prosper and/or a local independent school district used for sporting events with associated spectator seating, either permanent or temporary.
5.
Cemetery or mausoleum. The property used for the interring of the dead.
6.
Civic/convention center. A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes.
7.
College, university, trade, or private boarding school. An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. A Private Boarding School is an educational institution offering primary and secondary level courses. Dormitories for students and employees are permitted in conjunction with these uses.
8.
Community center. A building or portion of a building owned and/or operated by a government entity or not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.
9.
Community home. A residence for persons with disabilities, limited to a maximum of six people with disabilities and two supervisors, no closer than one-half mile to an existing community home, permitted by right in all residential zoning districts. This use is subject to registration/licensing with appropriate State agencies. This definition is subject to the Community Homes for Disabled Persons Act (Texas Human Resources Code, section 123.001 et seq.) as it exists or may be amended.
10.
Farm, ranch, stable, garden, or orchard. An area which is used for the cultivation of vegetables, fruits, and grain or for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by this UDC or law.
11.
Food pantry. A non-profit organization authorized pursuant to of the Internal Revenue Code § 501(c)(3), not affiliated with religious land use, which provides food directly to individuals and families in need at no cost to those individuals and families. Food pantries may receive, buy, store, and/or distribute food; however, on-site preparation of food is not permitted.
12.
Fraternal organization, lodge, civic club, fraternity, or sorority. An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
13.
Hospital. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, helistops, outpatient facilities, or training facilities as licensed by the State of Texas.
14.
Household care facility. A dwelling unit which provides residence and care to not more than six persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to the Personal Care Facility Licensing Act (Texas Health and Safety Code, section 247.001 et seq.) and the Community Homes for Disabled Persons Location Act (Texas Human Resources Code, section 123.001 et seq.) as they presently exist or may be amended in the future.
15.
House of worship. A building designed and used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on the premises (tax exempt as defined by State law). This definition includes, but is not limited to, churches, temples, synagogues, and mosques. For the purposes of this ordinance, bible study and other similar activities that occur in a person's primary residence shall not apply to this definition.
16.
Municipal uses operated by the Town of Prosper. Any area, land, building, structure, and/or facility owned, used, leased, or operated by the Town of Prosper, Texas, including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plant, police station, water tower, service center, park, heliport, helistop, and golf course.
17.
Museum/art gallery/community center/library. A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.
18.
Park or playground. An area developed for active play and recreation that includes, but is not limited to, open space, sports courts, play equipment, and trails.
19.
Private amenity center. A recreational facility, including, but not limited to, clubhouse, swimming pool, playground, and open space, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.
20.
Rehabilitation care facility. A dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
21.
Rehabilitation care institution. A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.
22.
School, public. A school operated by an independent school district and providing elementary or secondary curriculum.
23.
School, private or parochial. A school operated by a private or religious agency or corporation other than an independent school district, having a curriculum generally equivalent to a public elementary or secondary school.
D.
Transportation, Utility and Communication Uses.
1.
Antenna, non-commercial. An antenna and its support structure not exceeding 45 feet in height above the ground elevation at the base of the support structure, unless located on property owned or leased by the Town of Prosper, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. This definition shall also include a satellite dish antenna not to exceed 12 feet in diameter.
2.
Antenna, stealth. A commercial antenna and its support structure that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to:
a.
Antennas within a building's attic space;
b.
Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located; or
c.
Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and antennas located on an athletic field light pole.
3.
Bus terminal. Any premises for the transient parking or storage of motor-driven buses and the loading and unloading of passengers.
4.
Commercial drone delivery hub. A dedicated facility used primarily for the distribution and management of unmanned aerial vehicles (UAVs), commonly known as drones, for the delivery of goods and services.
5.
Electrical power generating plant. All equipment, fixtures, and property operated or maintained in connection with the production of electricity and transmission of electricity produced.
6.
Landfill. A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.
7.
Office and storage area for public/private utility. The pole yard, maintenance yard, or administrative office of public or private utilities.
8.
Private utility (other than listed). A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety.
9.
School district bus yard. Any premises owned and/or operated by an independent school district, or designee, used for the parking and storage of motor-driven buses.
10.
Sewage treatment plant/pumping station. A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or disposal of water borne sewage.
11.
Telephone exchange. A central switching hub servicing the public at large in which telephone lines are connected to permit communication.
12.
Transit center. Any premises, including bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.
13.
Utility distribution/transmission facility. The facilities, including subsidiary stations which serve to distribute, meter, transmit, transform, or reduce the pressure of gas, water, or electric current.
14.
Water treatment plant. A facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological quality of water.
15.
Wind energy system. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10kW and is intended to reduce on-site consumption of electricity.
16.
Wireless communications and support structures. An antenna and its supporting structures, and any appurtenances intended for transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, data transmission, television signals, or other or similar forms of electronic communication.
E.
Office and Professional Uses.
1.
Administrative, medical, or professional office. A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, medical, architect, engineer, travel, secretarial services, accounting organizations and associations, and vehicle rental office without on-site storage of fleet vehicles.
2.
Governmental office. A building used for the provision of governmental executive, management, administrative, and/or postal services. Governmental offices include those facilities owned and/or operated by City, Town, Special District, County, State, and Federal agencies.
3.
Research and development center. A facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category.
F.
Retail Uses.
1.
Antique shop and used furniture. A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building.
2.
Alcoholic beverage sales. Any establishment, place of business, or person engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premise personal or household consumption.
3.
Big box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80% of the building.
4.
Building material and hardware sales, major. An establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise.
5.
Building material and hardware sales, minor. An establishment for the sale of materials customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise.
6.
Convenience store with gas pumps. A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.
7.
Convenience store without gas pumps. A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption.
8.
Equipment and machinery sales and rental, major. A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.
9.
Equipment and machinery sales and rental, minor. A building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to, bicycles, lawn mowers, tools, and other small machinery.
10.
Farmer's market. An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. The following products are not permitted for sale at a farmer's market: any type of meat, fish, poultry, eggs, refrigerated dairy products, or home packaged items.
11.
Feed store. An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other implements and goods related to agricultural processes but not including farm machinery.
12.
Flea market, inside. A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.
13.
Furniture, home furnishings and appliance store. The retail establishments selling goods used for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other household electrical and gas appliances.
14.
Nursery, major. An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage are permitted.
15.
Nursery, minor. A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.
16.
Pawn shop. An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).
17.
Repair service, clothing/shoe. A shop focusing on the repair, restoring, and maintenance of shoes, boots, clothing, handbags, or other forms of attire.
18.
Retail stores and shops. An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail stores and shops include, but are not limited to, art and craft store, retail bakery, bookstore, boot and shoe sales, ceramics store, clothing and apparel store, computer store, department store, fabric store, florist, grocery store, food market, hobby or toy store, leather store, meat market, medical supply store, music instrument sales, novelty or gift shop, optical store, pet shop, drugstore or pharmacy, sporting goods (including the sale of firearms) store, trophy sales, television store, and used clothing store.
G.
Service Uses.
1.
Alcoholic beverage establishment. Any establishment that derives 75% or more of its gross revenues on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premise consumption.
2.
Artisan's workshop. An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.
3.
Bank, savings and loan, or credit union. An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds, including automated teller machines.
4.
Beauty salon/barber shop. The establishments primarily engaged in providing services generally involved in the care of the person or his apparel including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, permanent makeup shops, and reducing salons.
5.
Bed and breakfast inn. An owner (or operator) occupancy residence with up to five bedrooms available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities, or similar services.
6.
Body art studio. An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body to insert jewelry or another decoration.
7.
Business service. Establishments primarily engaged in providing services not elsewhere classified, to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment sales, rental, leasing, or repair.
8.
Cabinet/upholstery shop. An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture.
9.
Campground or recreational vehicle park. Any area that is designed for Occupancy by transients using tents, mobile trailers, or recreational vehicles for temporary sleeping purposes.
10.
Catering. An establishment in which the primary use is the preparation of food and meals on the premises, and where such food and meals are picked up or delivered to another location for consumption. This definition expressly prohibits on-site dining.
11.
Child care center, licensed. A nonresidential institution that provides care for less than 24 hours a day for seven or more children under the age of 14. This use is subject to registration/licensing with appropriate State agencies.
12.
Child care center, home. A home occupation that occurs in the caregiver's home that provides care for less than 24 hours a day to no more than six children under the age of 14, plus six additional children after school hours. The total number of children, including the caretaker's own children, is no more than 12 at any time. This use is subject to registration/licensing with appropriate State agencies.
13.
Child care center, incidental. An accessory use designed only for the care of children belonging to employees of the primary use. The center shall be completely contained within the primary use and shall not constitute more than 15% of the main use. The operating hours of the center shall be the same as the primary use and shall not include overnight lodging, medical treatment, counseling, or rehabilitative services. This use is subject to registration/licensing with appropriate State agencies.
14.
Commercial amusement, indoor. An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.
15.
Commercial amusement, outdoor. An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.
16.
Contractor's shop and/or storage yard. A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.
17.
Day care center, adult. A facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day care centers must be licensed by the Texas Department of Human Services.
18.
Dry cleaning, major. An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
19.
Dry cleaning, minor. A custom cleaning shop or pick-up station not exceeding 6,000 square feet of floor area, including, but not limited to, dry cleaning plants having no more than 1,500 square feet of floor area for dry cleaning equipment.
20.
Fairgrounds/exhibition area. An area where outdoor fairs, circuses, or exhibitions are held.
21.
Food truck park. An establishment which provides for the congregation for one or more temporary food businesses for the purpose of offering food and beverage sales to the public.
22.
Fortune teller/psychic. A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling shall include, but is not limited to, uses where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, and spiritual reading. Fortune telling does not include forecasting based on historical trends or patterns or religious dogma.
23.
Funeral home. A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. On-site cremation services permitted in accordance with the conditional development standards.
24.
Furniture restoration. A workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals associated with the use.
25.
Golf course and/or country club. A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests.
26.
Gymnastics/dance studio. A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.
27.
Health/fitness center. A public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weightlifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.
28.
Hotel, full service. A building or group of buildings designed for and occupancy as a temporary lodging place; where financial consideration is generally calculated on a nightly basis; provides a restaurant offering three meals a day; provides meeting/event space; and is not classified as a limited service hotel or a residence hotel.
29.
Hotel, limited service. A building or group of buildings designed for and occupancy as a temporary lodging place; where financial consideration is generally calculated on a nightly basis and is not classified as a full service hotel or a residence/extended stay hotel.
30.
Hotel, residence/extended stay. A building or group of buildings designed for and occupancy as a temporary lodging which may include an extended stay and where financial consideration is generally calculated on a nightly, weekly, or monthly basis and is not classified as a limited service hotel or a full service hotel.
31.
Indoor gun range. Any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged for testing or recreation purposes.
32.
Kennel. Any premises in which five or more dogs three months of age or older are kept, or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted. The term "kennel" does not include veterinary hospitals or humane societies.
33.
Laundromat. A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.
34.
Locksmith/security system company. Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.
35.
Massage therapy, licensed. Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by State law. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
36.
Massage therapy, unlicensed. Any place of business in which massage therapy is practiced by an unlicensed massage therapist. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
37.
Meeting/banquet/reception facility. A building which is rented, leased, or otherwise made available to any person or group for a private event function that is not open to the general public, whether or not a fee is charged.
38.
Pet day care. A commercial institution or place designed for the care of no more than one household pet per 100 square feet of gross floor area.
39.
Print shop, major. An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes.
40.
Print shop, minor. An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services but exclude the on-site storage of heavy load fleet vehicles.
41.
Private club. An establishment holding a private club permit under Chs. 32 or 33, Texas Alcoholic Beverage Code, as amended, that derives 35% or more of its gross revenue from the sale or service of alcoholic beverages for on-premise consumption and that is located within a dry area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic Beverage Code, as amended. Private club does not include a fraternal or veteran's organization, as defined in the Texas Alcoholic Beverage Code, as amended, holding a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code. A private club does not include the holder of a food and beverage certificate, as defined in the Texas Alcoholic Beverage Code, as amended. Unless the person owning or operating the use supplies the building official with records to prove otherwise, an establishment holding a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code, as amended, is presumed to derive 35% or more of its gross revenue from the sale or service of alcoholic beverages for on-premise consumption.
42.
Repair service, indoor. The maintenance and repair of electronics, appliances, and fixtures customarily used in a home or office. The term does not include any type of repair to engines or other motorized equipment or vehicles.
43.
Restaurant. An establishment where food and drink are prepared and consumed primarily on the premises. Drive-through service is permitted in accordance with the conditional development standards.
44.
Restaurant, drive-through. An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
45.
Sexually oriented uses. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or other use that distributes, displays, or manufactures sexually oriented materials. Sexually oriented uses are subject to the requirements in the Building Regulations Chapter of the Code of Ordinances as it exists or may be amended.
46.
Small engine repair shop. A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.
47.
Stable, commercial. A stable used for the rental of stall space for horses and/or mules or for the sale or rental of horses and/or mules.
48.
Taxidermist. An establishment whose principle business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.
49.
Theater, drive-in. An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in motor vehicles.
50.
Theater, neighborhood. A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances, with a maximum of ten screens, stages, or combination thereof or a combined seating capacity of 2,500 or less.
51.
Theater, regional. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performance having more than ten screens, stages, or combination thereof or a combined seating capacity greater than 2,500.
52.
Trailer rental. The display and offering for rent of trailers designed to be towed by light load vehicles.
53.
Veterinarian clinic and/or kennel, indoor. An establishment, not including outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
54.
Veterinarian clinic and/or kennel, outdoor. An establishment with outdoor pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
H.
Automobile and Related Uses.
1.
Auto parts sales, inside. The use of any building for the display and sale of new or used parts, including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.
2.
Auto parts sales, outside. The use of any land area for the display and sale of new or used parts, including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.
3.
Automobile parking lot/garage (secondary use only). An area or structure where the parking of motor vehicles serves the primary use on the lot. This use does not include the storage of gasoline.
4.
Automobile paid parking lot/garage (secondary use only). An area or structure where a fee is charged for parking motor vehicles and which serves the primary use on the lot. This use does not include the storage of gasoline.
5.
Automobile repair, major. A facility which offers general repair or maintenance of vehicles, including paint and/or body repair services. Outdoor storage of vehicles overnight shall provide screening in accordance with the open storage regulations of the UDC. Any facility offering auto services that requires overnight storage of the vehicle shall be considered, major automotive repair.
6.
Automobile repair, minor. A facility which offers general repair and maintenance of vehicles. Minor automobile repair uses shall not include a facility which offers paint and/or body repair services or the outdoor storage of vehicles overnight.
7.
Automobile sales/leasing, new. The sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: automobile sales, used; automobile repair, major; and automobile storage.
8.
Automobile sales, used. The sales of used automobiles or light load vehicles.
9.
Automobile storage. The storage on a lot or tract of automobiles for the purpose of holding such vehicles for sale, lease, distribution, or storage.
10.
Car wash, automatic. A facility where a customer can have a motorcycle, automobile, or light load vehicle washed in exchange for financial consideration.
11.
Car wash, self-serve. A facility, typically coin operated, used by the customer to wash motorcycles, automobiles, and/or light load vehicles.
12.
Motorcycle sales/service. The display, sale, repair, and servicing of new or used motorcycles.
13.
Recreational vehicle/truck parking lot or garage. An area or structure designed for the short or long-term parking or storage of recreational vehicles, boats, or heavy load vehicles.
14.
Recreational vehicle sales and service, new/used. Sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.
15.
Salvage yard. Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.
16.
Truck/bus repair. An establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or buses.
17.
Truck sales, heavy trucks. The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.
18.
Truck terminal/truck stop. An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment.
I.
Wholesale Uses.
1.
Office/showroom. A building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed 50% of the total floor area. This designation does not include a contractor's shop and storage yard.
2.
Office/warehouse/distribution center. A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
3.
Storage or wholesale warehouse. A building used primarily for the storage of goods and materials.
4.
Winery. A manufacturing facility designed to place wine into a bottle or other container for wholesale and limited retail distribution. A winery is subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and permitting by the Texas Alcoholic Beverage Commission.
J.
Manufacturing and Industrial Uses.
1.
Concrete/asphalt batching plant, permanent. A permanent manufacturing facility to produce concrete or asphalt.
2.
Concrete/asphalt batching plant, temporary. A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
3.
Limited assembly and manufacturing use complying with performance standards/general manufacturing and industrial use complying with performance standards. The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Such operations shall be determined by Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.
4.
Machine shop. A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for making, finishing, or repairing machines or machine parts.
5.
Mineral extraction. The process of extracting sand, gravel, stone, petroleum, gas, or other minerals/natural resources from the earth. This definition does not include drilling wells for water.
6.
Mini-warehouse/public storage. A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit.
7.
Miscellaneous hazardous industrial use. Any industrial use not specifically defined in this section that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or danger of fire, explosion, or radiation.
8.
Portable building sales. An establishment that displays and sells structures which are capable of being carried and transported to another location, not including mobile homes.
9.
Recycling collection point. A designated, localized site such as a neighborhood, retail, or community center, where individuals can drop off specific, often specialized, materials for recycling.
10.
Recycling center. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.
11.
Trailer/mobile home display and sales. The offering for sale, storage, or display of trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
[Ordinance 2026-24 adopted 4/28/2026]
Contiguous or sharing a common border or boundary with other property. Abutting, adjacent, and adjoining shall include property immediately across an alley, but shall not include property across a street.
A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase "pedestrian access easement").
The area of an establishment not generally accessible to the public or to a minor, including but not limited to, individual offices, stockrooms, employee lounges or meeting rooms.
A Town employee appointed by the Town Manager to interpret and/or enforce the regulations of this UDC.
See Waiver, Administrative.
A property, whether cultivated or uncultivated, that has been granted a property tax exemption, by the County central appraisal district, or equivalent authority, pursuant to the Texas Property Tax Code or Texas Constitution, for agricultural land.
Any stormwater runoff from orchards, cultivated crops, pastures, rangelands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
Includes, but is not limited to, balloons, airplanes, para-planes, ultra-lights, helicopters, and gliders.
Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, as defined by the Texas Alcoholic Beverage Code, as amended.
A public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
Any living, vertebrate creature, domestic or wild, other than Homo sapiens.
An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.
Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals.
A room or suite of rooms in a multiple-family residence arranged, designed, or occupancy as a place of residence by a single-family, individual, or group of individuals.
The person or entity responsible for the submission of an application. The applicant must be the actual owner of the property for which an application is submitted or shall be a duly authorized representative of the property owner. Also see Developer.
The package of materials, including, but not limited to, an application form, plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, which is required by the Town to initiate Town review and approval of a development project.
The written form (as provided by and as may be amended by the Director of Development Services) is filled out and executed by the applicant and submitted to the Town along with other required materials as a part of an application.
The value given the structure by the applicable County's tax assessor's office.
Approval constitutes a determination by the Town Official, Board, Commission, or Town Council responsible for such determination that the application is in compliance with the minimum provisions of this subdivision chapter in this UDC.
The Town of Prosper water system.
The Town Manager or his duly authorized representative.
A capital improvement or facility expansion which is designated in the impact fee capital improvements plan, and which is not a site-related facility. Area-related facility may include a capital improvement which is located offsite or within or on the perimeter of the development site.
The final irrigation plan produced upon completion of an irrigation system installation and provided to the irrigation system's owner or the owner's representative. The as-built drawing(s) shall reflect all changes made to the original irrigation plan and/or specifications during the construction process and show all aspects (including the dimensions, geometry, and location of all elements) of the irrigation system. May be referred to as "record drawings" or "as-builts."
A field or combination of fields designated by the Parks and Recreation Department to facilitate games and/or practice activities.
A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, passenger cars, trucks, buses, motor scooters, and motorcycles.
The reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable water supply from any sources other than an approved water supply source.
An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75% or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.
Barrier curbs are designed to prevent vehicles from leaving the roadway or pavement.
The flood having a 1% chance of being equaled or exceeded in any given year, determined based upon FEMA (Federal Emergency Management Agency) guidelines and as shown in the current effective Flood Insurance Study.
A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit and meeting the requirements of this article.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
An area enclosed by streets, or if said word is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets; or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street. In cases where platting is incomplete or disconnected, the Building Official shall determine the outline of the block.
The portion of a block that abuts a street.
The length of the block face between two intersections.
The Town's Parks and Recreation Board, the Construction Board of Appeals/Boards of Adjustment, or the Community Library Board of the Town.
The members of the Construction Board of Appeals, excluding the Building Official, who shall serve as an ex officio member of the Board.
A board appointed by the Town Council, and which is authorized to approve zoning variances and special exceptions to article 2 Zoning Regulations and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning regulations.
A covered passage one story in height and 6 feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.
Scrub vegetation or dense undergrowth.
The allowable area available to construct a building or structure after complying with the Town's applicable setback and maximum lot coverage requirements.
Any structure that has a roof supported by columns or walls for shelter, support, or enclosure intended for persons, animals, or material goods for any use or occupancy. When separated by dividing walls without openings in a manner sufficient to prevent the spread of fire, each portion of such structure separated may be deemed as a separate building.
The vertical distance between the average of the highest and lowest points of grade of that portion of the lot covered by the building to the highest point of a structure.
A line parallel, or approximately parallel, to any front lot line at a specific distance there from, marking the minimum distance from the front lot line that a building may be erected.
The officer or other designated authority charged with the administration and enforcement of this article or a duly authorized representative of the Town.
An official document or certificate issued by the Town of Prosper authorizing erection, construction, renovation, maintenance, or any other specified activity on any building, structure or land, or on any installations or facilities therein. The term "building permit" shall include but not be limited to building permits, electrical permits, mechanical permits, and plumbing permits.
The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way/property line.
The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection).
A building in which the principal use of the lot on which it is situated is conducted. In a residential district the primary dwelling unit shall be deemed to be a main building on the lot on which it is situated.
The amortization and interest charges for the bonded indebtedness of the town.
Any of the following facilities with a life expectancy of three or more years that are owned and operated by or on behalf of the Town:
A plan contemplated by the article which identifies capital improvements or facility expansions for which impact fees may be assessed.
A structure, either attached to or detached from another structure, open on a minimum of two sides designed or used to shelter not more than three vehicles and not to exceed 24 feet on its longest dimension. Also called "covered parking area."
An official certificate issued by the Town through the Building Official that indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an occupancy permit.
The Chief of Police of the Town or his designated representative.
A commercial variety show featuring animal acts for public entertainment, including a petting zoo.
Free from dirt, impurities, or multiple stains; hygienic conditions and practices that serve to promote or preserve health.
Any indiscriminate cutting, plowing, or grubbing of protected tree(s) without regard to their type or size for the purpose of clearing an area of land of trees.
The code enforcement officer, or their designee, of the Town designated and authorized to enforce and administer this article.
Person appointed by Director of Development Services to be in charge of enforcing this UDC.
The International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Residential Code, International Property Maintenance Code, National Electrical Code, and International Fire Code.
A street designed or used to carry traffic from local streets to thoroughfares. (See the Comprehensive Plan and street design criteria as found in the design standards and specifications for detailed standards.)
Pertaining to any business, trade, industry, or other activity engaged in for profit.
The Planning and Zoning Commission of the Town.
Communal areas of the complex including, but not limited to, hallways, stairways, lobby areas, laundry rooms, pool facilities, green spaces, recreation rooms and parking lots.
A park owned by the Town that is typically between 16 to 99 acres in size and that provides active and passive recreational activities for residents throughout the community.
Consolidating backfill material in a trench to prevent future settlement.
Any economic benefit received in return for services, property or investment.
When the landscape irrigation system has been installed, all minimum standards met, all tests are performed, and the irrigator is satisfied that the system is operating correctly.
The long-range planning and development policy of the Town and adjoining areas as adopted by the Town, including all its revisions and plan elements (including, but not limited to, the future land use plan, thoroughfare plan, parks master plan). This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements.
Boring, the breaking of pavement, or the installation, modification, upgrade, maintenance, removal, or similar activities, within the ROW. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the ROW.
A set of drawings and/or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the Town for review in conjunction with a subdivision or a development.
The act of providing advice, guidance, review, or recommendations related to landscape irrigation systems.
An impairment of the quality of the public potable water supply or a private potable water supply by the introduction or admission of any foreign substance that degrades the quality, and which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, or waste.
Any public or private person, subcontractor, or organization, other than the Town.
An interim step in the subdivision and development of land, a Conveyance Plat is a plat designed to subdivide land and to provide for recordation for the purpose of conveying (i.e., selling) the property without developing it. A Conveyance Plat does not constitute approval for any type of development on the property.
Whenever the term "council" or "Town Council" or "the council" is used, it shall mean the Town Council of the Town of Prosper, Texas. See Town Council.
The term "County" or "this County" shall mean the County of Collin and/or the County of Denton, Texas.
An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.
The lot area covered by all buildings located thereon.
Any actual or potential connection or structural arrangement between a public or consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can occur are considered to be cross-connections.
A point in the plumbing system where the public water supply is connected directly, or has the potential of being connected, to a source of non-potable substance that is not part of the potable water supply. Any actual or potential physical connection between a potable water line and any pipe, vessel or machine containing a non-potable fluid, such that it is possible for the non-potable fluid to enter into the potable water system by backflow. This connection may be temporary or permanent, potential or actual, indirect or direct.
A short, residential street having only one vehicular access to another street and terminated on the opposite end with a vehicular turnaround.
A person, company, or entity contracting with the Town of Prosper to receive potable water service.
A portion of the privately owned potable water system lying between the service connection and the point of use by customer. The system includes, but is not limited to, all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, store, or utilize the potable water.
The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cutoff) at a specific angle above the ground.
The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line perpendicular to the ground from the light source, beyond which no light is emitted.
The business day unless otherwise specified.
A facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day care centers must be licensed by the Texas Department of Human Services.
A street, other than a cul-de-sac, with only one outlet.
The officer who by ordinance or administrative policy is in charge of an office of the Town that creates or receives records.
The Town Department of Engineering Services or a successor department that is responsible for management of the ROW and roadway infrastructure.
The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site-specific information, defining the scope of the project, defining plant watering needs, selecting and laying out any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan.
A stand-alone document, or a compilation of documents, not included within this subdivision ordinance that details specific engineering requirements for the construction of public improvements.
A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, developments, or improvement of land and other activities covered by this UDC.
Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities.
Agreement between the Town and a subdivider or developer, which includes provisions for construction of public improvements, Town participation, pro rata agreements, escrow deposits, and other provisions for the development of land.
An application, developed and updated by the Director of Development Services, for any type of plan, permit, plat, or Construction Plans/drawings authorized or addressed by this UDC.
A collection of application forms created, updated, and managed by the Director of Development Services. The development manual also contains checklists, additional information, fees, and forms and is a policy document for the public to reference.
The person(s) so designated by the Town Manager to provide oversight for and have responsibility for the Town's Development Services Department. This term shall also include any designee of the Director of Development Services. Also, this term shall be inclusive of any future variations of the term, as deemed appropriate by the Town Manager, such as "Development Services Director" or "Planning Director."
The person(s) so designated by the Town Manager to provide oversight for and have responsibility for the Town's Engineering Services Department. This term shall also include any designee of the Director of Engineering Services. Also, this term shall be inclusive of any future variations of the term, as deemed appropriate by the Town Manager.
The person(s) so designated by the Town Manager to provide oversight for and have responsibility for the Town's Public Works Department. This term shall also include any designee of the Director of Public Works. Also, this term shall be inclusive of any future variations of the term, as deemed appropriate by the Town Manager.
Any section or sections of the Town for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform for each class or kind of building therein.
The DNT/US 380 corridors include the Dallas Parkway/Dallas North Tollway right-of-way and/or the University Drive/US 380 right-of-way.
A commonly domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, or other prohibited canines.
The human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste.
Any activity which is intended to produce, save or make available any oil, gas, sulfur, fissionable materials, or other minerals in and under the land, and is illustrated by, but not limited to, the following:
A vertical line running through the outermost portion of the crown of a tree and extending to the ground.
A designated area over which an unmanned aircraft completes the final phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiates take-off. The drone staging area includes both the launch pads and any required safety areas and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment.
Any building, structure or portion thereof is occupancy as or designed and intended for occupancy as a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
One or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a single-family or group of people living together as a family or by a single person.
A building or portion of a building which is arranged, occupancy, or intended to be occupancy as living quarters of a family and includes facilities for food preparation, sleeping and sanitation.
An area established for public purposes on private property upon which the Town shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of Town systems.
An easement to provide shared access to and from retail, commercial, and industrial properties. The easement is maintained by the owners of the property or as otherwise provided by deed restrictions or the terms of the easement instrument.
Any establishment that prepares or serves food or beverages, regardless of whether the establishment provides seating or facilities for on-premises consumption. The term includes, but is not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles and catering establishments.
Refers to any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.
Drawings to scale of the external face of a building or structure.
A device that is contained within an irrigation system and used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters.
The state of being engaged or hired to provide irrigation services and of being in an employer- employee relationship as defined by Internal Revenue Code, 26 USC § 31.3121(d)-1, based on the behavioral control, financial control, and the type of relationship involved in performing employment-related tasks.
Any person employed by the Town, including those individuals employed on a part-time or seasonal basis, but such term shall not be extended to apply to any independent contractor.
A fowl of the order of Struthioniformes.
An area that:
A person duly authorized under the provisions of the Texas Engineering Practice Act,[1] as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare Construction Plans and specifications for public works improvements.
See Construction Plans.
A sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business may be conducted.
The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency.
Any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the ROW and does not include landscaping activity unless the activity removes or disturbs the paved portion of the ROW.
An owner of a business who employs a licensed irrigator to supervise the irrigation services performed by the business as referenced in the Texas Occupations Code, Chapter 1903.
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the Town, the outer limits of which are measured from the extremities of the corporate limits of the Town outward for the distance as stipulated in Texas Local Government Code Ch. 42, according to the inhabitants of the Town, and in which area the Town may regulate subdivisions and enjoin violation of provisions of this subdivision ordinance.
Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within 45 degrees of one another, they are to be considered as part of a single facade.
The equipment and property, including, but not limited to, lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes, hand holes, and wires located under, on, or above the surface of the ground within the ROW, and related facilities and equipment used or useful for the provision of utility services.
Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
One or more persons related by blood, marriage, or adoption, or contract occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity, or sorority house..
The Federal Communications Commission.
A listing of fees for various Town applications, which is prepared by the Town Manager and approved by Town Council and may be amended periodically. The fee schedule is approved separately from this subdivision chapter in this UDC.
Any construction or hedge of any material, the purpose of which is to provide protection from intrusion (either physical or visual) to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Retaining walls for the purpose of diverting water and retaining soil are not classified as a fence.
The filing date of a Preliminary Plat, Replat, or Final Plat shall be considered the date an applicant submits said plat, along with a completed application and applicable fees, and other requirements prescribed by or under Texas Local Government Code § 212.004, as amended.
The acceptance by the Town of all infrastructure improvements constructed by the developer in conjunction with the development of land.
The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer with the subdivision location referenced to a survey corner and all boundaries, corners, and curves of the land subdivision sufficiently described so that they can be reproduced without additional references.
The Town's Fire Chief or their designee.
The Fire Department of the Town of Prosper, or any duly authorized representative thereof.
Any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire.
A piece of fabric attached to a staff or cord on one end.
A freestanding device permanently placed in the ground for the purpose of flying a flag.
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Any property within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100- year floodplain or as amended by an engineering flood study of the ultimate developed conditions prior to any reclamation.
A natural drainage area that accommodates the base flood for existing creeks and open drainage ways.
The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.
The floor area of a main building or buildings on a lot, excluding structured parking garages, divided by the lot area.
Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale, in whole or in part, for human consumption.
Any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment or any other eating establishment, organization, club, boardinghouse or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including, but not limited to, catering facilities. Other food product establishments include, but are not limited to, grocery stores and food markets, not including those outdoors.
Any bird of any kind.
All the property abutting on one side of the street, or between two intersecting streets, measured along the street line.
A field that has been designated by the Parks and Recreation Director to be used only for the purpose of conducting league play or tournament play.
An enclosed (on at least three sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."
Decayable waste, including, but not limited to, vegetable, animal and fish offal, animal and fish carcasses.
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations, and corporations, as well as to males.
"Gender" defined, Texas Government Code, § 312.003(c).
The manufacturing of finished products and component products or parts through the processing of materials or substances, including basic industrial processing. Such operations shall be determined by Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or danger of fire, explosion, or radiation.
Shall be construed in their common and usual significance unless the contrary is clearly indicated.
A favor, hospitality or economic benefit, other than compensation.
A direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or temporary loss of visual performance and visibility.
As applicable to a stormwater system, when the stormwater feature functions as designed to achieve its purpose pursuant to the design intent and record drawings and is not a public nuisance. This includes preserving and continuing its function in controlling stormwater quality and quantity in the degree or amount for which the stormwater feature was designed.
The Mayor and the Town Council of the Town.
Any County, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district, or other municipal corporation, quasi-municipal corporation, or political subdivision of the state or of any other state of the United States and any agency or instrumentality of the state or of any other state of the United States.
Wastewater from showers, bathtubs, handwashing, lavatories, sinks that are used for disposal, and clothes washing machines. Graywater does not include wastewater from the washing of material, including diapers, soiled with human excreta or wastewater that has come in contact with toilet waste.
An open space that may be of irregular form that may include trees typically found along a natural or manmade feature such as a creek, flood plain, escarpment, right-of-way, or park.
Any substance listed in Table 302.4 of 40 CFR Part 302.
Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.
All contiguous land, and structures, other appurtenances and improvements on the land, used for the treatment, disposal, or recovery of hazardous waste.
A cross connection, potential cross connection, or other situation involving any substance that could cause death, illness, spread of disease, or has a high probability of causing such effects if introduced into the potable drinking water supply.
The days in which Town offices are closed in observance of a holiday.
A formal organization operating under recorded land agreements through which:
Each lot and/or property owner in a specific area is automatically a member; and
Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and
The charge, if unpaid, becomes a lien against the nonpaying member's property.
Water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit.
The average lighting intensity measured at grade (in footcandles).
A significant threat or danger to health due to a practice, circumstance, or event which creates a situation that would likely lead to injury, or a food borne illness, as determined by the regulatory authority, as hereinafter defined. Imminent health hazards include but are not limited to lack of hot water, no electrical power, sewage back up, no water service, rodent or insect infestation as determined by the regulatory authority, or a food establishment receives more than 30 demerits during an inspection.
A charge or assessment imposed as set forth in this article against new development. The term does not include:
Required dedications of land for public parks or payments in lieu thereof;
Dedication of rights-of-way or easements or construction or dedication of on-site or off-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development;
Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of reimbursing developers.
Other pro-rata fees for reimbursement of water or sewer mains or lines extended by the Town.
Any man-made fixed item that becomes part of or placed upon real property, see also Public improvement.
The illumination produced by a filament, which is heated by an electric current, including quartz and halogen lights.
Any use different from the primary use but which compliments and/or supplements the primary use, which shall not constitute more than 15% of the main use.
A indoor facilities owned, leased, or otherwise controlled by the Parks and Recreation Department which includes, but is not limited to, recreation centers, indoor swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, school gymnasium, museums, and community centers that are programmed for the purpose of conducting practices, meets, and clinics for aquatic activities at the competitive and recreational level or any such use as deemed appropriate by the Parks and Recreation Department.
Any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution, or plumbing hazard if introduced into an approved water supply. Examples of industrial fluids include, but are not limited to: polluted or contaminated used water; all types of process waters and used waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as form wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, and oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for firefighting purposes.
A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
The waste resulting from any process of industry, manufacturing, trade, or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
The charge made on those persons who discharge industrial wastes into the Town's sewer system.
All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the Town.
A water district operator, governmental entity, or licensed irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district and is required to be licensed under Chapter 30[2] of this title (relating to Occupational Licenses and Registrations) or a licensed plumbing inspector.
A scaled drawing of a new landscape irrigation system to be installed. The irrigation plan shall meet all the requirements in 30 Tex. Admin. Code §§ 344.60 through 344.65 (relating to Water Conservation; Minimum Standards for the Design of the Irrigation Plan; Minimum Design and Installation Requirements; Completion of Irrigation System Installation; Maintenance, Alteration, Repair, or Service of Irrigation Systems; and Reclaimed Water) and is provided as an as-built drawing to the owner or owner's representative upon completion of the irrigation system installation.
All activities involving and irrigation system including, selling, designing, installing, maintaining, altering, repairing, servicing, permitting, consulting services, or connecting an irrigation system to a water supply.
A system permanently installed on a site and that is composed of an assembly of component parts for the controlled distribution and conservation of water to irrigate, reduce dust, and control erosion in any type of landscape vegetation in any location. This term includes sprinklers and sprinkler systems used for irrigation. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code § 251.002.
A person who works under the supervision of a licensed irrigator to perform irrigation services including the connection of an irrigation system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30[3] (relating to Occupational Licenses and Registrations).
A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control.
A person who performs irrigation services and/or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30.[4]
The component of a luminaire that produces the actual light.
A person(s), other than a surveyor or engineer, who also possesses and can demonstrate a valid proficiency in the planning of residential, commercial, industrial, and other related developments; such proficiency often having been acquired by education in the field of urban planning, landscape architecture, or other specialized planning curriculum and/or by actual experience and practice in the field of land planning.
A description of the service area and the projections of changes in land uses, densities, intensities, population, and employment growth in the service area over at least a ten-year period and by the Town, as may be amended from time to time, upon which the capital improvements plans are based.
The owner, operator, lessor, management company, managing agent, or on-site manager of a multifamily dwelling.
The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf.
Such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls, or fences, but excluding paving.
An association or group of teams that play one another.
Notification to an applicant from the Director of Engineering Services that all improvements are completed, inspected, tested (if applicable), and determined by the Town to be in conformance with this subdivision ordinance of the UDC and with the Town's design/engineering standards and all improvements are accepted by the Town or will be accepted contingent to the approval of a Final Plat.
A person authorized to practice veterinary medicine who is currently licensed by the State Board of Veterinary Medical Examiners.
A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
The shining of light produced by luminaires above the height of the luminaires and into the sky.
The shining of light produced by luminaires beyond the boundaries of the property on which it is located.
An animal raised for human consumption or an equine animal including, but not limited to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, a head of any species of cattle, or an emu, ostrich, or rhea.
An off-street space or berth used for the delivery and loading or unloading of vehicles.
A local street is a street used primarily for access to abutting property especially residential areas. Local streets also provide secondary or minor access and circulation to community facilities (school, parks) and other traffic generators such as commercial and industrial areas.
Any plot of land occupancy or intended to be occupancy by one main building and the required parking, or a group of main buildings, and accessory building and uses, including such open spaces as are required by this UDC, and other laws or ordinances, and having its principal frontage on a public street or officially approved place.
The total area, measured on a horizontal plane, included within lot lines.
Dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.
The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line.
Any lot line that is not the front or rear lot line.
The lines bounding a lot as defined herein.
The lines bounding a lot as defined herein.
A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Collin or Denton County or a lot subdivided by meters and bounds description prior to October 1984.
The horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line that is closest to the front lot line.
A lot situated at the junction of two or more streets.
The mean distance from the front street line to the rear line.
A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
A lot having access to a street by means of a parcel of land having a depth greater than its frontage and having a width less than the minimum required lot width, but not less than 25 feet. The maximum distance of the area less than the required width from the front property line shall be 110 feet.
A lot other than a corner lot, the sideline of which does not abut on any street.
A corner lot that is designed such that the lots located directly behind it face the side street of the corner lot and are not separated by an alley.
An interior lot having frontage on two streets.
Unit used to express the light output of a lamp or fixture.
A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
The lines other than service connections used to convey the ROW user's product.
A pipe within an irrigation system that delivers water from the water source to the individual zone valves.
Practices required for the long-term sustainability and function of a component or system. This includes periodic inspections, debris removal and disposal, replanting of trees, maintaining vegetation, removal of silt, and repair of manmade components. The maintenance activities in natural channels and riparian areas shall be as minimal as possible.
The major creeks are commonly known as Button Branch, Doe Branch, Gentle Creek, Rutherford Branch, and Wilson Creek. Each major creek begins at its headwater (as determined by the Federal Emergency Management Agency (FEMA) and/or the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps that can be obtained from FEMA.
Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere.
Any project, which includes 500 or more linear feet of excavation or any excavation under pavement.
A dedicated street or highway route designated as a thoroughfare by the thoroughfare plan map of the Comprehensive Plan.
The Manual on Uniform Traffic Control Devices, or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.[6]
A street parallel to and adjacent to an arterial street and primarily provides access to abutting properties and protection from through traffic.
Unless otherwise provided for in this UDC, masonry construction constitutes clay fired brick, natural and manufactured stone, granite, marble, and stucco as exterior construction materials for all structures. Other permitted exterior construction materials for big box, institutional, and industrial structures are architectural concrete block, tilt wall concrete panels, sealed and painted split faced concrete block, and high impact exterior insulation and finish systems (EIFS). High impact EIFS is only permitted when installed a minimum of nine feet above grade at the base of the wall on which it is installed.
A remote control valve located after the backflow prevention assembly that controls the flow of water to the irrigation system mainline.
The purposes of the screening regulations contained herein, mechanical equipment, without limtations, shall include ground or roof-mounted HVAC units or commercial kitchen equipment.
Any goods, wares, merchandise, or other advertising object or structure suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island for the purpose of advertising such items.
Pursuant to Texas Local Government Code § 212.0065, a Minor Replat is a Replat involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
A four lane divided roadway measuring a minimum 90 feet and a maximum 110 feet from rights-of-way, per the Town's thoroughfare design standards.
A structure or building module as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Texas Occupations Code Ch. 1201, as amended); nor does it include building modules incorporating concrete or masonry as the primary structural component.
Any vehicle designed to carry one or more persons, which is propelled or drawn by mechanical or electrical power, such as automobiles, trucks, motorcycles, and buses.
Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
A usually two wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this UDC, motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.
Mountable curbs (also commonly known as sloping or roll-over curbs) have sloping faces that allow vehicles to encroach upon the curb without discomfort or damaging the vehicle.
All property, structures, common areas, open space, recreation areas, swimming pools, and parking and drive aisle areas associated with a multifamily development.
The enclosed, indoor area of any building that is owned, occupancy and/or operated by the Town.
The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the Town and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.
The solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.
The channels left in or near their natural state, maintaining the natural alignment and grade and riparian corridor.
A park owned by the Town that is typically one to fifteen acres in size and that provides recreational opportunities primarily for residents in close proximity to the park.
For the purpose of calculating residential density, net acreage may include the following:
Non-reclaimed floodplain.
Private open space.
Park dedication in excess of minimum park dedication requirements.
Detention ponds that contain a constant water level are landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or their designee.
The equipment at a fixed location which enables wireless communication between user equipment and a communication network.
A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of the use of land, which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the Town's subdivision regulations, the issuance of a building permit, or connection to the Town's water or wastewater system, and which has not been exempted from these regulations by provisions herein or attached hereto. Installation of a larger water meter will constitute new development. Notwithstanding, roadway impact fees shall not be collected for any temporary modular building which is scheduled to be replaced with a permanent building.
A water supply which has not been approved for human consumption by the Town.
A building, structure, or use of land lawfully occupancy at the time of the effective date of this UDC or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
Any source of any discharge of a pollutant that is not a "point source."
A property zoned or used for other than residential purposes.
Any structure or use not included in the definition of "residential use" contained in this article including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office.
A notice required by this article shall be sufficient if it is submitted by personal delivery, registered or certified mail with return receipt requested, and/or sending the notice through the United States Postal Service.
The notice of intent that is required by either the industrial general permit or the construction general permit.
The notice of termination that is required by either the industrial general permit or the construction general permit.
Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
"Number" defined, Texas Government Code, § 312.003(b).
The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
"Oath", "swear", and "sworn" defined, Texas Government Code, § 312.011.
Any matter, condition, or object which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities.
The use or intended use of the land or buildings by proprietors or tenants.
Any individual living or sleeping in a building or having possession of a space within a building.
A facility or expansion that is not a site-related facility, as defined herein.
Off the right-of-way of a public street or place.
A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government, or similar activity, which may include ancillary services for office workers such as a coffee shop, newspaper or candy stand.
Any member of the Town Council and any Town-appointive member of a board, commission, authority, or committee set up by ordinance, Town Charter, state law, or otherwise on a temporary or permanent basis, including all members of a board, commission, authority, or committee which functions only in an advisory or study capacity and which has no discretionary, governmental, quasi-judicial, or administrative authority. For purposes of this article, the Town Manager, the Town Secretary, the Town Attorney, and any municipal judge(s) shall be considered Town officials.
Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil, or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste.
The person or persons who, either individually or taken together, meet the following two criteria:
They have operational control over the facility specifications (including the ability to make modifications in specifications); and
They have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
The term "ordinance," not capitalized, refers to any ordinance of the Town.
A fowl of the order of Struthioniformes.
Outdoor facilities owned, leased, or otherwise controlled by the Parks and Recreation Department which includes, but is not limited to, lighted and unlighted outdoor swimming pools, tennis courts, basketball courts, golf courses, athletic fields, picnic areas, open air pavilions, and amphitheaters that are programmed for the purpose of conducting practices, league play, tournaments, meets, camps and clinics for competitive and recreational sports that include but are not limited to soccer, football, baseball, softball, swimming, lacrosse, cricket and rugby or any such use as deemed appropriate by the Parks and Recreation Department.
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
Any person who owns, keeps, shelters, or has custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupancy by that person or over which that person has control. An animal shall be deemed to be owned by a person who sheltered it for three consecutive days or more.
Any person, agent, firm or corporation, named in the real property records of the County where the building is located as owning or having a financial interest in the property. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
A park, reservation, playground, swimming pool, indoor facility, outdoor facility, recreation center, field, athletic field, and any related facilities, or any other area in the Town owned, leased and/or used by the Town, and devoted to active or passive recreation, including all plated expressways, parkways, triangles and traffic circles maintained by the Town, except the parkway strips between curb and sidewalks along the several streets and highways of the Town.
An area developed for active play and recreation that includes, but is not limited to, open space, sports courts, play equipment, and trails.
An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
Open space or garage space reserved exclusively for the parking of a vehicle.
The Parks and Recreation Department within the Development Services of the Town.
The Director of the Parks and Recreation Department of the Town and/or their authorized agent and/or representative.
The streets containing Portland cement, asphalt, brick, or other rigid or semirigid material that covers the surface of a street and their underlying sub-grade and base.
The portion of a street which is available for vehicular traffic. Where curbs are laid, it is the portion between the face of the curbs.
An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).
A street that abuts a parcel of land to be subdivided on one side.
Issued under this article authorizing excavation in the ROW.
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character.
"Person" defined, Texas Government Code, § 311.005.
A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
Any animal kept for pleasure rather than utility.
A commercial institution or place designed for the care of no more than one household pet per 100 square feet of gross floor area.
A commercial enterprise regularly engaged in the buying, selling, grooming, breeding, and/or boarding of animals.
A petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing.
Any one or combination of above ground or underground storage tanks that contain petroleum products and any connecting underground pipes.
A point-by-point plan depicting the intensity and location of lighting on the property.
Planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed, or operated or integral land use units either by a single owner or a combination of owners.
A Board, appointed by the Town Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the Town Council. Also referred to as the "P&Z" or the "Commission."
A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the Town of Prosper and subject to approval by the Planning and Zoning Commission and filed in the plat records of either Collin or Denton County. The plat must be prepared by a Public Surveyor registered in the State of Texas.
An amending plat applies minor revisions to a recorded plat consistent with provisions of state law.
See Preliminary Plat.
Any portion of a park that is either owned or leased by the Town that has been designated as an area which athletic league games are played, including, but not limited to, fields for football, soccer, softball, baseball, or any other sport activity sponsored or cosponsored by the Town.
A single unit or parcel of land or a parcel of land that can be identified and referenced to a recorded plat or map.
An internal or plumbing type cross connection in a customer's potable water system that may be either a pollution or a contamination type hazard, including, but not limited to, cross connections to toilets, sinks, lavatories, wash trays, and lawn sprinkling systems.
Any person hired by the Town for the purpose of inspecting work and installation in connection with health and safety laws as provided in, or referred to in, this article. The Plumbing Inspector shall be licensed by the State Board of Plumbing Examiners (TSBPE) in accordance with the Texas Plumbing License Law.
Any discernable, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
The dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland.
An impairment of the quality of the public potable water supply to a degree which does not create a hazard to the public health but does adversely and unreasonably affect the aesthetic qualities of such water for domestic use.
An establishment that displays and sells structures which are capable of being carried and transported to another location, not including mobile homes.
Any public water supply which has been investigated and approved by the Town and/or Commission as satisfactory for drinking, culinary and domestic purposes.
The terms "preceding" and "following" mean next before and next after, respectively.
This plan shows the watershed affecting the development and how the runoff from the fully developed watershed will be conveyed to, though, and from the development.
The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land subdivision on a topographic map and showing in plan view existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of the proposed development.
Composed in the early stage, an initial high-level layout and conceptual development of property, including buildings, roads, parking, and utilities.
A plan detailing both Water Utility and Wastewater Utility requirements.
A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
The practice of protecting the potable water supply by installing a backflow prevention assembly at or near the point where water enters the premises. This protection does not provide backflow protection for personnel inside the premises.
Any property real, improved or personal that is connected to the Town-approved water supply source.
Any reduction in the water pressure supplied by the Town.
The principal or predominant use of any tract, lot, or building.
An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes.
An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services but exclude the on-site storage of heavy load fleet vehicles.
An establishment holding a private club permit under Texas Alcoholic Beverage Code Chs. 32 or 33, as amended, that derives 35% or more of its gross revenue from the sale or service of alcoholic beverages for on-premise consumption and that is located within a dry area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic Beverage Code, as amended. Private club does not include a fraternal or veteran's organization, as defined in the Texas Alcoholic Beverage Code, as amended, holding a private club permit under Texas Alcoholic Beverage Code Chs. 32 or 33. A private club does not include the holder of a food and beverage certificate, as defined in the Texas Alcoholic Beverage Code, as amended. Unless the person owning or operating the use supplies the building official with records to prove otherwise, an establishment holding a private club permit under Texas Alcoholic Beverage Code Chs. 32 or 33, as amended, is presumed to derive 35% or more of its gross revenue from the sale or service of alcoholic beverages for on-premises consumption.
A recreational facility, including, but not limited to, clubhouse, swimming pool, playground, and open space, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.
See Street, Private.
A development of two or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of the subdivision chapter of this UDC. The term "private street" shall be inclusive of alleys.
A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety.
The water used to cool any operation or manufacturing process.
The property line is the initial point of establishing measurement requirements for the sale of any type of alcoholic beverage, "property line" shall mean the nearest property line of the lot where the sale of any type of alcoholic beverage may occur, without regard to intervening structures or objects, to the nearest property line of the lot where the church, public hospital, public school, private school and/or residential zoning district, as applicable, is located.
A person who, for any form of consideration, has managing control of premises.
The developer's portion of the costs of an exaction or public improvement.
The Town of Prosper, Texas.
Any property within the Town that meets one of the following requirements:
Any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy, or similar essential public services and facilities, for which the Town ultimately assumes the responsibility, upon a letter of final acceptance being issued, for maintenance, operation, and/or ownership.
A public nuisance means any condition, activity, or use of real property that meets any one or more of the following criteria:
Unreasonably interferes with the health, safety, morals, comfort, or convenience of the general public.
Obstructs or endangers the free use of any public street, highway, sidewalk, park, or right-of-way in the customary manner.
Offends the senses by producing dust, odor, noise, vibration, smoke, or other noxious elements to an extent that interferes with the public's comfortable enjoyment of life or property.
Constitutes an owner's failure to control or restrain an animal, or otherwise allows, either by conduct, omission, or condition of the premises, an animal to be at large or behave in a dangerous manner.
Violates any state or local law or regulation adopted to protect the public health, safety, or welfare.
Any publicly or privately owned water system operated as a public utility under a health permit to supply water for domestic purposes. Such a system includes all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat, or store potable water for public consumption or use.
Any property held for public use by a department or branch of an independent school district, community college district, or municipal government within the Town or the Town government.
A common sewer directly controlled by public authority.
A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water.
The Public Works Director for the Town of Prosper or their designee.
The Texas Public Utility Commission.
The term "real property" shall mean and include lands, tenements and hereditaments.
Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation.
A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The record drawings shall reflect the Construction Plans (or working drawings) used, corrected, and/or clarified in the field.
See Final Plat.
The imposition of an impact fee to reimburse the Town for capital improvements which the Town has previously oversized to serve new development.
A portable or mobile living unit used for temporary human occupancy away from the place of permanent residence of the occupants and self-propelled (motorized). Also see Heavy Load Vehicle.
Any manmade change or alteration to a design and/or layout of an existing development(s) including repair, expansion and/or removal and replacement of existing building and/or structure, paving drainage, utilities, storage, and/or agricultural uses.
A heterogeneous accumulation of worn out, used up, broken, rejected, or worthless materials and includes, but is not limited to, garbage, rubbish, paper, or litter and other decayable or non-decayable waste.
The annual application process of the ROW user to use any portion of the ROW.
The document provided by the Town, annually, upon approval of the application for ROW registration.
The registered Sanitarian of the Town of Prosper or other designee having jurisdiction over food establishments.
Any person related to an officer, official or employee within the first degree by consanguinity or affinity and shall include a spouse, father, mother, son, daughter, brother, or sister.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4) or the waters of the United States.
The temporary or permanent construction work necessary to make the ROW usable.
Area around excavation where the pavement and sub-grade is impacted by an excavation.
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
The re-subdivision of any or part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract, which is beyond the definition of an amending plat, and which does not require the vacation of the entire preceding plat.
Any building or portion thereof, which is designed or used as living quarters for one or more families but not including mobile homes.
Where the primary purpose is residential use.
Any property that is either zoned for or designated on the Future Land Use Plan for residential uses.
A street that is intended primarily to serve traffic within a neighborhood or Residential Zoning District and which is used primarily for access to abutting properties.
A structure where the primary purpose is to provide a permanent place of residence for an individual or family.
Use of a structure as a residence.
A single-family, duplex, townhouse, multifamily or manufactured home zoning district.
The Town staff person who has been designated by the Town Manager to accept a type of development application for filing, to review and make recommendations concerning such applications, and where authorized, to initially decide such applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of development applications. Also includes any designee of the designated Town staff person.
The process by which an excavated ROW and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to the same condition, or better than that which existed before the commencement of the work.
Any establishment that sells goods or services to the general public, including but not limited to, any food products establishment, eating establishment, restaurant, private club, hotel, motel, department store, grocery store, drug store, shopping mall, laundromat, bingo parlor, bowling center or hair styling salon, including service lines.
A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of the other products is merely incidental.
A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.
A building or group or buildings consisting of attached or detached dwelling units designed for the housing of age-restricted residents. In addition to housing, this type of facility may provide services to its residents such as meals in a central dining room, housekeeping, transportation, and activity rooms. The facility shall not be licensed as an assisted living center or a skilled nursing home.
A fowl of the order of Rheiformes.
A person assigned by the ROW Manager to oversee inspections of work conducted within the Town's ROW.
The ROW Manager of the Town or designee.
A person, its successors and assigns, which uses the ROW for purposes of work, excavation, provision of services, or installing, constructing, maintaining, or repairing facilities thereon, including, but not limited to, landowners and service providers.
A parcel of land occupancy, or intended to be occupancy, by a street or alley. The surface of, and the space above and below, any street, road, highway, freeway, toll-way, lane, path, drainage way, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane, or other easement now or hereafter held by the Town or over which the Town exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the Town, but shall specifically exclude private property. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities; water and sanitary and storm sewer facilities; street improvements; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and shall not be included within the dimensions or areas of such lots or parcels.
Arterial or collector streets or roads that have been designated on the Town's official roadway plan, together with all necessary appurtenances. The term includes, but is not limited to, the Town's share of costs for roadways and associated improvements designated on the federal or state highway system, including but not limited to, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also includes, but is not limited to, interest in land, traffic lanes, intersection improvements, traffic-control devices and turn lanes associated with the roadway or street lighting.
A building or portion of a building that is arranged, occupancy, or intended to be occupancy as living or sleeping quarters but not including toilet or cooking facilities.
The trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter.
Any condition of good order and cleanliness that discourages and limits disease transmission.
The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the Town sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).
An oval or round, parabolic apparatus capable of receiving communications from a transmitter relay located in planetary orbit. Usable satellite signals shall mean satellite signals, from the major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.
The measures that assist in making the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, erecting fences or walls, chaining/padlocking of gates, the repair or artistic boarding of doors, windows or other openings. Refer to standards for securing and artistic board-up.
The financial guarantee provided by an applicant that secures the construction of public improvements and any other contractual obligations stated within a development agreement.
A watertight receptacle which receives the discharge of a drainage system or part thereof, which is designed and constructed so as to separate solids from the liquid, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a drain field, disposal or perforated piping.
Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
An animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability or, by the virtue of a natural aptitude or acquired ability, is able to provide therapeutic treatment, mitigation, safety, or rescue.
The terminal end of a service connection from the public potable water system (i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter.
The line that serves no more than two individual customers or two-meter banks.
An indoor line or area where persons await service of any kind, regardless of whether or not such service involves the exchange of money. Such service shall include, but is not limited to, sales, giving of information, directions or advice and transfers of money or goods.
Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.
The standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development, calculated in accordance with generally accepted engineering and/or planning standards.
A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot. See definition for Building Official.
The domestic sewage and/or industrial waste that is discharged into the Town sanitary sewer system and passes through the sanitary sewer system to the Town sewage treatment plant for treatment.
A group of primarily retail and service commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
A signature or subscription shall include a mark when a person cannot write.
The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
A detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the UDC as it currently exists or may be amended.
An improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of roadway, water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. Site-related facility includes that portion of an off-site water or wastewater main, equivalent to a standard size water or wastewater main, which is necessary to connect any new development with the Town's water or wastewater system, the cost of which has not been included in the Town's impact fee Capital Improvements Plan.
A sketch or informal plan prepared prior to the preparation of the Conveyance Plat and/or Preliminary Plat describing the proposed design of the subdivision to be reviewed during the pre-application review process.
Inhaling, exhaling, possessing, or carrying any lighted or burning cigar or cigarette, e-cigarette, vaping, or any pipe or other device that contains lighted or burning tobacco or tobacco products.
Any event, activity, or program that operates wholly or partially within the Town which may require the use of or assistance from the Parks and Recreation Department, Police Department, Fire Department, or any other public service department.
The examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
The term "the state" or "this state" shall be construed to mean the State of Texas.
A building used primarily for the storage of goods and materials.
A public sewer which carries stormwaters, surface waters, and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Rainfall or any other forms of precipitation.
The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within one of the categories of facilities listed in 40 CFR 122.26(b)(14), as amended, and which is not excluded from EPA's definition of the same term.
A natural or manmade component or system which remains as a permanent part of a development also known as structural BMPs. The purpose of which includes stormwater conveyance, stormwater quality improvement, flood mitigation, or erosion reduction. The features include but are not limited to, channels, detention facilities, retention ponds, bioretention, rain harvest systems, landscape buffers, riparian areas, enhanced swales, filter strips, permeable pavers and manufactured devices.
A plan required by either the construction general permit or the industrial general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction or other industrial activity at the facility.
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as 12 feet. Multiple stories, or portions thereof, shall be a result of the number of stories and story height of 12 feet. The definition of a story does not include parapets, gables, and other normal roof structures.
A single room within a dwelling unit above the second floor. A half-story will occupy no less than 2/3 of the area under the roof and shall have non-operating opaque windows for facades that face adjacent properties. Transparent windows may face the front yard. A half story containing independent apartment, living quarters, or bedroom shall be counted as a full story.
A public right-of-way that provides vehicular traffic access to adjacent lands.
The shortest distance between the property or easement lines which delineates the right-of-way of a street.
Any street that joins another street at an angle, whether or not it crosses the other.
A privately owned street within a subdivision for which the private owners assume full responsibility for maintenance and controls and that has not been dedicated to the use of the public. This term is inclusive of related alleys. Private streets are local streets allowed in gated planned development districts (PDs) with homeowners' associations that maintain them.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Anything constructed or erected that requires location on the ground or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary of retaining walls, sidewalks, and curbs.
Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such an owner or equitable owner, of land to be subdivided.
The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate and shall include re-subdivision.
A plat (i.e., Preliminary Plat, Final Plat, Minor Plat, Replat, Amending Plat, or Conveyance Plat) established in TLGC 212, Subchapter A[7] involving the subdividing of land in two or more parts or the amending of a recorded plat.
Subdivision waivers shall be classified as an Administrative waiver, Town Manager waiver or Commission waiver. Administrative waivers are defined as a minor change to the standards, but not the intent, of these subdivision regulations. A Town Manager waiver is a waiver of a subdivision design standard contained in section 3.05 Subdivision Relief Procedures.
An interest in another person or an entity if:
The interest is ownership of 10% or more of the voting stock, shares or equity of the entity of ownership of $5,000.00 or more of the equity or market value of the entity;
Funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000.00 in salary, bonuses, commissions, or professional fees or $20,000.00 in payment for goods, products, or nonprofessional services, or 10% of the person's gross income during that period, whichever is less;
The person serves as a corporate officer or member of the Board of Directors or other governing board of the for-profit entity, other than a corporate entity owned or created by the Town Council; or
The person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more.
If a Town officer, official, or employee is a member of a partnership or professional corporation, or conducts business through another entity, a substantial interest of the partnership, professional corporation or business entity shall be deemed to be a substantial interest of the Town officer, official, or employee if:
The partnership or professional corporation has fewer than 20 partners or shareholders;
Regardless of the number of partners or shareholders, the officer, official, or employee has an equity interest, share of draw equal to or greater than 5% of the capital or revenues of the partnership, professional corporation, or other entity; or
With regard to the partnership, professional corporation, or other entity's substantial interest in a particular client, the officer, official, or employee has personally acted within the preceding 24 months in a professional or fiduciary capacity for that client.
An interest in real property which is equitable or legal ownership with a fair market value of $2,500.00 or more.
The water and wastewater superintendent of the Town or their duly authorized deputy, agent, or representative.
A licensed state land surveyor or a registered public land surveyor, as authorized by the state to practice the profession of surveying.
Solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device.
The Texas Administrative Code, as amended.
A temporarily installed, above-ground system of pipes and component parts used to distribute water to the landscaping of a site for the establishment of plant growth, reduction of dust, and erosion control. Temporary irrigation systems must meet the requirements in 30 TAC § 344.66[8] (relating to Temporary Irrigation Systems).
The facilities that are installed temporarily above ground (or can be below) and not in their ultimate location. This can be as a result of an existing main line being hit or damaged by other construction, and a temporary solution to re-establish the connection is made until a more permanent fix is complete. Temporary lines can also be individual connections to individual residence (typically above ground) until a permanent connection is placed underground.
The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than four days with at least 180 days passing before being used again.
Wireless communications and support structures as defined in this UDC intended to provide service for a limited period of time per the conditions of a the regulating Specific Use Permit or intended to provide service on a temporary basis in conjunction with a special event, emergency situation, or equipment failure.
A person, corporation, partnership, or group other than the legal owner of record, occupying a building or portion thereof as a unit.
Used in the past or present tense includes the future, as well as the past and present.
Incomplete, or inaccurate backflow prevention assembly test results or reports filed with the Town pursuant to this article, use of inaccurate gauges; or the use of improper operational certification methods.
Any roadway or street classified on the Town Comprehensive Plan, as it exists or may be amended, as a highway, tollway, major thoroughfare, or minor thoroughfare. See the Comprehensive Plan and Street Design criteria as found in the design standards and specifications for detailed standards.
The state manual on uniform traffic-control devices, as it exists or may be amended.
To deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of or to allow, permit, or suffer any of these acts or omissions.
Includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
A series of games that make up a single unit of competition, typically over one or more days and are an invitational event.
The Town of Prosper, Texas, together with all its governing and operating bodies.
The person(s) so designated by the Town Council to provide oversight for and have legal responsibility for the Town. This term shall also include any licensed attorney designated by the Town Attorney.
The duly elected governing body of the Town of Prosper, Texas.
The Town department that is responsible for management of the ROW and roadway infrastructure.
The person designated as the Town Engineer and registered as a Professional Engineer in the state or a consulting engineer providing authorized services to the Town.
Shall refer to the Director of Engineering Services or their designee who goes on-site to determine if the provisions of this article are being met.
The Town Manager is the chief administrative officer of the Town, responsible for overseeing daily operations, implementing policies set by the Town Council, managing Town staff and departments, preparing the annual budget, and ensuring efficient delivery of public services. The Town Manager acts as a liaison between the Town Council and Town employees and ensures that local laws and regulations are properly enforced.
The Town of Prosper and its duly authorized representatives.
The person(s) so designated by the Town Manager to provide clerical and official services for the Town Council. This term shall also include any designee of the Town Secretary.
The term "Town Secretary," and "Chief of Police", or other Town officer or department shall be construed to mean the Town Secretary, Chief of Police, or such other municipal officer or department, respectively, of the Town of Prosper, Texas.
The staff of the Town of Prosper, Texas.
Any water, sewer, or drainage line owned and operated by the Town, the North Texas Municipal Water District (NTMWD), the Upper Trinity Regional Water District (UTRWD), or any other utility district providing water or sewer service to the Town.
An area, parcel, site, piece of land, or property that is the subject of a zoning or development application.
A vehicle to be pulled behind a motor vehicle that is designed for hauling animals, produce, goods, or commodities, including boats.
A portable or mobile living unit designed to be towed behind another vehicle and used for temporary human occupancy. A travel or camping trailer shall not serve as the principal place of residence of the occupants.
The plan that guides the development of adequate circulation within the Town and connects the Town street system to regional traffic carriers. Also, referred to as the thoroughfare plan or Master Thoroughfare Plan.
A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes, or other harmful substances.
The mounds of dirt; piles of leaves, grass, and weed clippings; paper trash; useless fragments of building materials; rubble; furniture other than furniture designed for outdoor use; useless household items and appliances; items of salvage, such as scrap metal and wood; old barrels; old tires; objects that hold water for an extended period of time; tree and brush trimmings; and other miscellaneous wastes or rejected matter.
Any self-supporting woody perennial plant which has one well defined trunk diameter of four and one-half inches or more in diameter when measured at a point four and one-half feet above the natural ground level and which normally attains a height of at least 12 feet at maturity.
An official document or certificate issued by the Town of Prosper authorizing the removal of a tree.
A tree that is determined to be healthy by the Director of Development Services, or their designee.
Any tree that is described under this UDC, as it exists or may be amended, and/or utilized for mitigation of protected trees that have been, or are required to be, removed and replaced or transplanted under the requirements of this ordinance. A replacement tree is one that has been planted to mitigate the removal of a tree from the property. A transplanted tree is one that exists on the property and is relocated within the property. A tree must have a minimum size of three inches when measured at a point 12 inches above the natural ground level and will normally attain a height of at least 12 feet at maturity to be considered a replacement or transplanted tree.
A group of six or more protected trees that have a combined caliper measurement of 48 inches or greater and each tree is within 20 linear feet of another tree within the group. The distance measurement shall occur at natural grade from edge of trunk to edge of trunk.
Excavation deeper than 24 inches. This shall include linear trenches, holes, pits.
A light or heavy load vehicle (see definitions for light and heavy load vehicles).
A measurement of residential density, the number of residential living units permitted to be developed on a net acre of land.
An area or recreational facility that is designed and intended to be used for outdoor living and/or recreation. Usable open space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas, and decorative objects such as artwork or fountains. Usable open space shall not include the following:
Any privately or publicly owned entity which uses ROW to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, traffic management, streetlights, fiber communications, telephone, petroleum products, telegraph, heat, steam, or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the ROW.
Authorization to install a water meter to connect a new development to the Town's water system or to the Town's wastewater system.
See Easement.
A property which lacks the habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations or residential occupancy have ceased. In determining whether a property is vacant, it is relevant to consider, among other factors, the percentage of overall square footage of any building on the property or floor to the occupancy space, the condition and value of any items in the property and the presence of rental or for sale signs on the property; provided that multifamily residential property containing three or more dwelling units shall be considered vacant when the majority of all of the dwelling units become unoccupancy and a majority remain unoccupancy. A property shall not be considered vacant which is being currently marketed by a licensed real estate professional hired by the former or current occupant of the property (currently marketed shall mean that the structure is listed on the multiple listing service, the structure is available to prospective buyers for viewing, and a reasonable asking price has been disclosed. The Building Official may use the assessed market value of the property as last determined by the tax assessor to determine if the asking price disclosed by the owner is reasonable), and to which the water service has not been shut off.
A variance is a special permission that lets a property owner deviate from certain zoning standards, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the Town of Prosper can grant a variance, in accordance with the Texas Local Government Code Ch. 211, as amended.
A motorized machine on wheels, treads, or runners by which any person, material, commodity, or property is or may be transported.
A right of an applicant requiring the Town to review and decide the application under standards in effect prior to the effective date of the standards of this subdivision chapter and/or of any subsequent amendments.
A request for relief from any standard or requirement of the subdivision regulations based on an assertion that the applicant (petitioner for relief) has acquired a vested right.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of disease and injuries to animals.
An official request written to the Town Council used to allow exceptions to regulations or requirements of this article.
An administrative waiver is a waiver listed in Table 3.05-1. Administrative Waiver and is a minor change to the standards, but not the intent, of these subdivision regulations.
An administrative waiver is approved by either the Director of Development Services or Director of Engineering Services (as applicable).
A commission waiver is a significant change to both the standards and intent of the subdivision regulations, which involves Planning and Zoning Commission and Town Council approval.
Rejected, unutilized, or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities.
A combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with any groundwater, surface water, and stormwater that may be present.
A wastewater interceptor or main, lift station, or other facility or improvement used for providing wastewater collection and treatment included within the Town's collection system for wastewater. "Wastewater facility" includes, but is not limited to, land, easements, or structures associated with such facilities. "Wastewater facility" excludes a site-related facility.
The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion.
A water interceptor or main, pump station, storage tank or other facility or improvement used for providing water supply, treatment and distribution service included within the Town's water storage or distribution system. "Water facility" includes, but is not limited to, land, easements, or structures associated with such facilities. "Water facility" excludes site-related facilities.
Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
A water-distribution pipe for public or community use.
A device owned by the Town for measuring the flow of water to a development, whether for domestic or for irrigation purposes
The operator of a potable water system supplying at least 15 service connections or servicing at least 25 individuals at least 60 days out of the year.
Bored wells, dug wells, and driven wells developed into the underground soils, which are to produce water for private use. Water wells are prohibited unless approved under the provisions of this UDC.
A natural or manmade channel in which a flow of water occurs, either continuously or intermittently.
All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR 122.2, as amended; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act.
An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
A person that provides wireless services to the public.
An open space at grade between a building and the adjoining lot lines, unoccupancy and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this UDC that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
The leaves, grass clippings, yard and garden debris, and brush that result from landscaping maintenance and land-clearing operations.
A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
The area between the building and sideline of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.
A portion of the territory of the Town within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the Town's UDC, as amended.
The official map upon which the boundaries of the various zoning districts are drawn, and which is an integral part of this UDC.
[Ordinance 2026-24 adopted 4/28/2026]
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Editor's note—30 Tex. Admin. § 344.66.