Town of Prosper - Land Uses

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.

In a residential zoning district, an accessory building is a subordinate or incidental building, attached to or detached from the main building without separate kitchen facilities, not used for commercial purposes and not rented. A garage apartment and a guest house may include kitchen facilities, but shall not be used for commercial purposes and shall not be rented.

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.

Airport/Heliport

A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling/repair and various accommodations for passengers.

Alcoholic Beverage Establishment

Any establishment that derives 75 percent or more of its gross revenues on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premise consumption.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, R

Vehicle Parking:
One space per 250 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

d) An Alcoholic Beverage Establishment shall not be located within:

1. Eight hundred feet from a church, public hospital, public school, private school, and/or residential zoning district. For this purpose, residential zoning districts shall include, but is not limited to, properties that are zoned Neighborhood Service and residential Planned Development Districts;

2. One thousand feet from a public school if the Town Council receives a request for this additional spacing requirement from the school district, and the Town Council adopts such additional spacing requirements by resolution; or

3. One thousand feet from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution.

e) Measurement for the distance between an Alcoholic Beverage Establishment and the uses listed above or the nearest residential zoning district shall be in a direct line from the Property Line of the applicable use listed above or the nearest residential zoning district to the Property Line of the Alcoholic Beverage Establishment, and in a direct line across intersections.

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

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, DTR, I, NS, R

Vehicle Parking:
One space per 250 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

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

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

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

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

(2) One thousand feet from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution. But, the Town Council may not adopt this additional spacing requirement if: (i) minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to § 1.109.53, Texas Alcoholic Beverage Code, as amended; (ii) the holder of a retail off-premise consumption permit or license if less than 50 percent of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or (iii) the holder of a license or permit issued under Article 27, 31 or 72, Texas Alcoholic Beverage Code, as amended, who is operating on the premises of a private school.

f) Measurement of the distance between the place of business engaged in Alcoholic Beverage Sales and the church or public hospital shall be along the property line of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the place of business engaged in Alcoholic Beverage Sales and a public or private school shall be:

1. In a direct line from the Property Line of the public or private school to the Property Line of the place of business, and in a direct line across intersections; or

2. If Alcoholic Beverage Sales are located on or above the fifth story of a multistory building, in a direct line from the Property Line of the public or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base floor on which Alcoholic Beverage Sales are located.

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

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

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

h) If at any time an original Alcoholic Beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business, or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this Paragraph 16, then the same shall be deemed to satisfy the distance requirements for all subject renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.

Antenna and/or Antenna Support Structure, 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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTC, DTO, DTR, DTSF, I, MF, MH, NS, O, R, SF-10, SF-E, TH

Development Requirements:
a) Satellite Dishes and Wireless Broadband Antennas

(1) In the A, SF, DTSF, 2F, and MH districts, satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter.

(2) In the TH and MF districts, satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter.

b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet, unless located on property owned or leased by the Town of Prosper, and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story.

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.

Artisan's Workshop

An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.

Assisted Care or Living Facility

A facility which provides residence and care to ten or more persons regardless of legal relationship who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel. This definition shall also include a facility providing health care or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease.

Districts Where Allowed Districts where this use is Permitted By Right: CC, I, MF, MH Special Use Permit: C, NS, O, R

Vehicle Parking:
One parking space for each five beds.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Athletic Stadium or Field, Private

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

Districts Where Allowed Districts where this use is Permitted By Right: I Districts where this use may be allowed as a Conditional Use: 2F, A, DTSF, MF, MH, O, SF-10, SF-E, TH Special Use Permit: C, CC, NS, R

Vehicle Parking:
One parking space for each four seats or bench seating spaces.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

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

Athletic Stadium or Field, Public

A field(s) and structure owned and operated by the Town of Prosper and/or a local independent school district used for sporting events with associated spectator seating, either permanent or temporary.

Auto Parts Sales, Inside

The use of any building for the display and sale of new or used parts, including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto Parts Sales, Outside

The use of any land area for the display and sale of new or used parts, including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Automobile Paid Parking Lot/Garage

An area or structure where a fee is charged for parking motor vehicles and which serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile Parking Lot/Garage

An area or structure where the parking of motor vehicles serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile 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 Zoning Ordinance. Any facility offering auto services that requires overnight storage of the vehicle shall be considered, Major Automotive Repair.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, I

Vehicle Parking:
Three parking spaces per service bay plus one parking space per maximum number of employees on a shift.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
a) A Specific Use Permit is required in the Commercial District

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

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

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, I, R

Vehicle Parking:
Three parking spaces per service bay plus one parking space per maximum number of employees on a shift.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
a) A Specific Use Permit is required in the R, DTC, C, CC, and I Districts.

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

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

Automobile Sales/Leasing Used

Sales of used automobiles or light load vehicles.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, I

Vehicle Parking:
One parking space for each 500 square feet of the structure. These required spaces may not be used to store or display automobiles for sale.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
a) A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

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

Automobile Sales/Leasing, New

Sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: Automobile Sales, Used; Automobile Repair, Major; and Automobile Storage.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, I

Vehicle Parking:
One parking space for each 500 square feet of the structure. These required spaces may not be used to store or display automobiles for sale.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
a) A Specific Use Permit is required in the Commercial and Commercial Corridor Districts.

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

Automobile Storage

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

Bank, Savings and Loan, or Credit Union

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.

Beauty Salon/Barber Shop

Establishments primarily engaged in providing services generally involved in the care of the person or his apparel including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.

Bed and Breakfast Inn

An owner (or operator) occupied residence with up to five 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.

Districts Where Allowed Districts where this use is Permitted By Right: C, DTC, DTR, R Special Use Permit: DTO, NS, O

Vehicle Parking:
One space per guest room in addition to the requirements for a normal residential use.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Big Box

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

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: I

Vehicle Parking:
One space per 250 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Must be set back 1,000 feet from any other Body Art Studio, Residential Zoning District, church, Public, Private, or Parochial School, and day care.

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, I Special Use Permit: DTC, R

Vehicle Parking:
One space per 250 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Bus Terminal

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, I

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Permitted by right in the CC district. Permitted by Specific Use Permit in the C and I districts. Bus parking and storage areas will be screened with a six foot ornamental metal fence, three inch caliper evergreen trees on 20-foot centers, and five gallon evergreen shrubs on three foot centers located within a 15 foot landscape edge.

Business Service

Establishments primarily engaged in providing services not elsewhere classified, to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment sales, rental, leasing, or repair.

Cabinet/Upholstery Shop

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

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.

Car Wash

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, I, R

Vehicle Parking:
One space per 500 square feet of gross floor area, or one space per employee, whichever is greater. Stacking and/or self-service areas shall not count toward required parking.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

Car Wash, Self-Serve

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C

Vehicle Parking:
One space per 500 square feet of gross floor area, or one space per employee, whichever is greater. Stacking and/or self-service areas shall not count toward required parking.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
a) A Specific Use Permit is required in the Commercial District.

b) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

Caretaker's/Guard's Residence

A residence located on a premises with a main non-residential use and occupied only by a caretaker or guard, and his/her family, employed on the premises.

Carports

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."

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.

Cemetery or Mausoleum

Property used for the interring of the dead.

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.

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 percent of the main use. The operating hours of the center shall be the same as the primary use and shall not include overnight lodging, medical treatment, counseling, or rehabilitative services. This use is subject to registration/licensing with appropriate State agencies.

Districts Where Allowed Special Use Permit: C, CC, DTC, DTO, DTR, O

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
A. All day care centers shall provide outdoor play space at a rate of 65 square feet per child. This requirement shall be based on the maximum licensed capacity of the facility. The outdoor play space shall have no dimension of less than 30 feet. If the facility provides care to all children for less than four hours per day, this requirement may be waived by the Town Council.

B. Outdoor play space is defined as the area used for outside recreational purposes for children. The outdoor play area must be enclosed by a fence of at least four feet in height with at least two emergency exits. One exit may be an entrance to the building. The adequacy of the emergency exits shall be determined by the Fire Chief or his/her designee.

Child Care Center, Licensed

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTC, DTO, DTR, DTSF, MF, MH, NS, O, R, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

A. All day care centers shall provide outdoor play space at a rate of 65 square feet per child. This requirement shall be based on the maximum licensed capacity of the facility. The outdoor play space shall have no dimension of less than 30 feet. If the facility provides care to all children for less than four hours per day, this requirement may be waived by the Town Council.

B. Outdoor play space is defined as the area used for outside recreational purposes for children. The outdoor play area must be enclosed by a fence of at least four feet in height with at least two emergency exits. One exit may be an entrance to the building. The adequacy of the emergency exits shall be determined by the Fire Chief or his/her designee.

Civic/Convention Center

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

College, University, Trade, or Private Boarding School

An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. A Private Boarding School is an educational institution offering primary and secondary level courses. Dormitories for students and employees only are permitted in conjunction with these uses.

Commercial Amusement, Indoor

An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.

Commercial Amusement, Outdoor

An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.

Commercial Drone Delivery Hubs

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, I

Vehicle Parking:
Parking is not required for an accessory commercial drone delivery hub use.
See also § 14-3.1.451.(c)3 for more information on parking.

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

Development Requirements:
These regulations apply to a commercial drone delivery hub use.

a) Commercial Drone Delivery Hubs:

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

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

b) Drone Staging Areas:

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

2. The drone staging area must not be placed:

i. Within any required building setbacks;
ii. Within any required landscape buffer;
iii. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or
iv. So as to obstruct visibility or interfere with pedestrian or vehicle circulation.

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

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

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

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

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

6. Proximity to Noise-Sensitive Uses:

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

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

c) Parking and Loading. See "Vehicle Parking" and "Merchandise Loading" above for details.

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

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

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, I, MF, MH, NS, O, R

Vehicle Parking:
Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Community Home

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, DTSF, MF, MH, SF-10, SF-E, TH

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

Concrete/Asphalt Batching Plant, Permanent

A permanent manufacturing facility for the production of concrete or asphalt.

Districts Where Allowed Special Use Permit: I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Concrete/Asphalt Batching Plant, Temporary

A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Construction Yard and Field Office, Temporary

A building, structure, or storage/assembly yard used in conjunction with a development project for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the development and subject to removal at completion of construction.

Contractor's Shop and/or Storage Yard

A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.

Convenience Store with Gas Pumps

A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, R

Vehicle Parking:
One space per 250 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

c) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply;

d) Canopies shall have pitched roofs;

e) Canopy support columns shall be entirely masonry encased;

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

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

Convenience Store without Gas Pumps

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

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.

Detached Garage and Accessory Building Construction

GARAGE, PRIVATE
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."

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
A. The exterior facades of a detached garage or other accessory building or structure, greater than 160 square feet shall be subject to the same exterior construction material(s) requirements as the main building or structure.

B. An accessory building that is larger than 160 square feet may be vinyl, fiber cement board, or factory coated decorative metal if the wall height of the building does not exceed 14 feet and if three of the following six conditions are met:

1. A minimum three foot high wainscoting is provided on all sides, excluding windows and doors;

2. Divided light windows are provided on at least two sides of the building;

3. A minimum roof pitch of four in 12 is provided;

4. A cupola is provided;

5. One tree, a minimum size of two caliper inches, is planted every 25 feet, or portion thereof, along the longest two sides of the building; or

6. A minimum 20 foot side yard setback is provided.

C. An accessory building or structure that is 160 square feet or less in size may use metal or wood as an exterior construction material in an SF or 2F District.

D. Fiber cement board may be used to fulfill masonry requirements for structures accessory to an existing main building or structure when the main building or structure is constructed entirely of wood or vinyl siding.

E. In no instance shall the height of an accessory building or detached garage exceed the height of the primary dwelling.

F. Accessory buildings in excess of 160 square feet shall be located behind the primary structure at a point no closer than ten feet from the rear wall line of the primary structure.

G. A specific use permit is required for either of the following instances:

1. An accessory building that is greater in size than the primary dwelling. For the purpose of this subsection, the total size of the primary dwelling includes the size of an attached private garage;

2. The size of the accessory building is greater than seven percent of the size of the lot area; or

3. The size of the accessory structure is greater than 4,000 square feet.

Donation or Recycling Bin

An unattended receptacle with a door, slot or other opening that is intended to accept donated or recyclable materials, excluding containers associated with recyclable materials generated by the on-premise operator and receiving regular collection services.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, DTSF, R, SF-10, SF-E

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
a) In the Single Family Districts and the Downtown Single Family District, a donation or recycling bin shall only be permitted on a lot or tract owned and occupied by a public school or a private/parochial school.

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

c) The permit shall contain written authorization of the property owner.

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

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

f) The donation or recycling bin shall not be located on any required parking space(s), nor located in a manner that blocks pedestrian access or a driver's visibility.

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

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

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

j) The permittee and operator shall be responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the donation or recycling bin within 24 hours of written or verbal notice from the Town.

k) The Town shall have the right to revoke any permit issued hereunder if permittee or operator fails to comply with the provisions of this subsection. The Town shall provide a written notification to the permittee or operator stating the specific grounds for revocation. Upon revocation, the donation or recycling bin shall be removed from the permittee's real property within 30 calendar days and, if not removed within this time period, the Town may remove, store and dispose of the donation or recycling bin at the permittee's sole cost and expense.

Dry Cleaning, Major

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

Districts Where Allowed Districts where this use is Permitted By Right: C, I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Electric Power Generating Plant

All equipment, fixtures, and property operated or maintained in connection with the production of electricity and transmission of electricity produced.

Equipment and Machinery Sales and Rental, Major

A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.

Districts Where Allowed Districts where this use is Permitted By Right: I Special Use Permit: C

Vehicle Parking:
Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Fairgrounds/Exhibition Area

An area where outdoor fairs, circuses, or exhibitions are held.

Farm, Ranch, Stable, Garden, or Orchard

An area which is used for the cultivation of vegetables, fruits, and grain or for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

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.

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.

Flea Market, Inside

A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Food Pantry

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: A

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

a) All food in storage must meet Town public health regulations.
b) Food must be distributed in its original packaging, except fresh produce may be distributed unpackaged.
c) Hours of operation must be clearly displayed on or near its entrance.
d) It is not allowed for money or services to be required as a condition of receiving food.
e) No food shall be stored on the exterior of the facility.

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, DTC, DTR, R

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

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

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

Fortune Teller/Psychic

A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling shall include, but is not limited to, uses where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, and spiritual reading. Fortune telling does not include forecasting based on historical trends or patterns or religious dogma.

Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority

An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.

Funeral Home

A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. On-site cremation services permitted in accordance with the Conditional Development Standards.

Furniture Restoration

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

Furniture, Home Furnishings and Appliance Store

Retail establishments selling goods used for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other household electrical and gas appliances.

Garages, Residential

GARAGE, PRIVATE
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."

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
A. In the SF and DTSF Districts, garages shall meet the following requirements:

1. In no instance shall a garage door directly facing a street be less than 25 feet from the property line.

2. Garage doors directly facing a street shall not occupy more than 50 percent of the width of the front façade of the house.

3. Where a home has three or more garage/enclosed parking spaces, no more than two single garage doors or one double garage door shall face the street, unless the garage door(s) are located behind the main structure.

Gas Pumps

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, R

Vehicle Parking:
Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Gas pumps shall be subject to the following development standards:

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

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

c) Canopies shall have pitched roofs;

d) Canopy support columns shall be entirely masonry encased;

e) A raised landscape planter of the same material as the masonry columns shall be provided at both ends of all pump islands. Raised landscape planters shall be between 18 inches and 24 inches tall and a minimum of four feet wide and four feet long;

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

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

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

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

General Manufacturing/Industrial Use Complying with Performance Standards

Manufacturing of finished products and component products or parts through the processing of materials or substances, including basic industrial processing. Such operations shall be determined by Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Districts Where Allowed Districts where this use is Permitted By Right: I Special Use Permit: C, CC

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Golf Course and/or Country Club

A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests.

Governmental Office

A building used for the provision of governmental executive, management, administrative, and/or postal services. Governmental offices include those facilities owned and/or operated by city, special district, county, state, and federal agencies.

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: A, DTSF, SF-10, SF-E

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See also § 4.7.3: [Guest house] for more information.

Gymnastics/Dance Studio

A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.

Health/Fitness Center

A public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, I, O, R Special Use Permit: NS

Vehicle Parking:
One parking space per 200 square feet of exercise area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Helistop

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

Home Occupation

An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in ARTICLE 3: PERMITTED USES AND DEFINITIONS, § 14-3.1.45 Home Occupation of this ordinance. See "Development Requirements" below.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, DTSF, MF, MH, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

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

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

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

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

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

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

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

g) The home occupation shall not have a separate entrance.

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

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

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

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

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

m) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot.

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

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

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

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

r) Uses permitted as home occupations shall include the following:

(1) Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession;
(2) Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises;
(3) Author, artist, sculptor;
(4) Dressmaker, seamstress, tailor, milliner;
(5) Music/dance teacher, tutoring, or similar instruction, provided that no more than three pupils may be present at any one time;
(6) Swimming lessons or water safety instruction provided that a maximum of six pupils may be present at any one time;
(7) Home crafts, such as weaving, model making, etc.
(8) Child Care: Licensed Child Care Home and Registered Child Care Home. Homes with seven or more children shall meet the Town's building and/or fire codes.
(9) Community home and other residential care facility that qualifies as a community home under the Community Homes for Disabled Persons Location Act, Article 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this ordinance;
(10) Internet based businesses; and
(11) Food Production Operations that produce non-potentially hazardous food. Examples of non-potentially hazardous foods include; bread, rolls, biscuits, sweet breads, muffins, cakes, pastries, cookies, fruit pies, jams, jellies, dried fruit and vegetables, pickles, and dry herbs.

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

(1) Animal hospital, commercial stable, kennel;
(2) Hair or Nail Salon/Barbershop;
(3) Boarding house or rooming house;
(4) Schooling or instruction with more than five pupils;
(5) Restaurant or the sale of on premise food/beverage consumption of any kind;
(6) Automobile, boat, or trailer repair, small engine or motorcycle repair, large appliance repair, repair of any items with internal combustion engines, or other repairs shops;
(7) Cabinetry, metal work, or welding shop;
(8) Office for doctor, dentist, veterinarian, or other medical-related profession for the purpose of providing care to patients;
(9) On-premise retail or wholesale sale of any kind, except cottage food items produced entirely on premises as indicated in Paragraph r, (11) above;
(10) Commercial clothing laundering or cleaning;
(11) Mortuary or funeral home;
(12) Trailer, vehicle, tool, or equipment rental;
(13) Antique, gift, or specialty shop;
(14) Office or storage facility for a vehicle fleet operation; and
(15) Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy.

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

u) Appeal of the Director's Home Occupation Determination.
If the applicant disagrees with the determination of the Director, the applicant may appeal to the Planning and Zoning Commission.

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

Homebuilder Marketing Center

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

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, NS, O, R Districts where this use may be allowed as a Conditional Use: 2F, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold.

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.

Hotel, Full Service

A building or group of buildings designed for and occupied as a temporary lodging place; where financial consideration is generally calculated on a nightly basis; provides a restaurant offering three meals a day; provides meeting/event space; and is not classified as a limited service hotel or a residence hotel.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, DTR, R

Vehicle Parking:
One parking space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Full Service Hotel developments shall be subject to the following development standards:

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

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

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

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

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

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

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

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

Hotel, Limited Service

A building or group of buildings designed for and occupied as a temporary lodging place; where financial consideration is generally calculated on a nightly basis and is not classified as a full service hotel or a residence/extended stay hotel.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, DTR, R

Vehicle Parking:
One parking space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Limited Service Hotel developments shall be subject to the following development standards:

a) A Specific Use Permit is required.

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

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

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

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

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

f) Shall provide daily housekeeping.

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

Hotel, Residence/Extended Stay

A building or group of buildings designed for and occupied as a temporary lodging which may include an extended stay and where financial consideration is generally calculated on a nightly, weekly or monthly basis and is not classified as a limited service hotel or a full service hotel.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, R

Vehicle Parking:
One parking space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Residence/Extended Stay Hotel developments shall be subject to the following development standards:

a) A Specific Use Permit is required.

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

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

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

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

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

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

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

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

i) Shall provide daily housekeeping.

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

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

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

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.

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, § 1.247.001 et seq.) and the Community Homes for Disabled Persons Location Act (Texas Human Resources Code, § 1.123.001 et seq.) as they presently exist or may be amended in the future.

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.

Insurance Office

A building or facility used for the sales, management, and administration of insurance services, including the estimation of automobile damages, but excluding on-site parking/storage of damaged vehicles.

Landfill

A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.

Laundromat

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

Limited Assembly and Manufacturing Use Complying with Performance Standards

The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Such operations shall be determined by Health, Fire, and Building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, I Special Use Permit: DTC

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Locksmith/Security System Company

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

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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, The manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Massage Therapy, Unlicensed

Any place of business in which massage therapy is practiced by an unlicensed massage therapist. "Massage therapy," as a health care service, The manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Meeting/Banquet/Reception Facility

A building which is rented, leased or otherwise made available to any person or group for a private event function that is not open to the general public, whether or not a fee is charged.

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.

Districts Where Allowed Special Use Permit: I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Districts Where Allowed Districts where this use is Permitted By Right: I Special Use Permit: C

Vehicle Parking:
Four spaces per complex plus one additional space per 300 square feet of rental office.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Self-storage and mini-warehouse facilities.
The side building lines of a self-storage or mini-warehouse facility may be reduced by approval of the Planning and Zoning Commission at the time of the preliminary site plan approval. The configuration of the storage units shall be with the doors facing into the site with the rear walls of the units serving as the outer boundary.
Self-storage or mini-warehouse facilities must comply with ARTICLE 4: DEVELOPMENT REQUIREMENTS, § 4.9.8: Exterior construction of residential buildings of this ordinance, and its amendments, relating to the construction material used for exterior buildings. Notwithstanding any other provisions to the contrary, a self-storage or mini-warehouse facility constructed adjacent to a residential area, whether separated by a dedicated street or not, shall exclusively use clay fired brick or stone as the exterior construction material.

Miscellaneous Hazardous Industrial Uses

Any industrial use not specifically defined in this section that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Districts Where Allowed Special Use Permit: I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Mobile and/or Manufactured Home

MOBILE HOME
A structure that was constructed before June 15, 1976, transportable in one or more section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. (or under the Texas Manufactured Housing Standards Act, Article 1201, Texas Occupations Code, as amended).

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, Article 1201, Texas Occupations Code, as amended).

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, DTC, DTR, R

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Mobile food vendors are subject to the following regulations:

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

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

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

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

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

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

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

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

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

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

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

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

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

Model Home

A single family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Modular Homes

MODULAR HOME (OR INDUSTRIALIZED HOUSING(
A structure or building module as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 1201, Texas Occupations Code, as amended); nor does it include building modules incorporating concrete or masonry as the primary structural component.

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
A modular home may be permitted in the A, SF, DTSF, 2F, TH, MH, or MF Districts providing that the following requirements are met:

A. The dwelling shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.

B. Conforms to all applicable zoning standards for the respective zoning district.

C. Is affixed to an approved permanent foundation system.

D. The building official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Article 1221f V.T.C.S.).

E. The modular home is placed on an approved platted lot of the town.

Motorcycle Sales/Service

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

Multifamily Dwelling

Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Full Service Hotels, Limited Service Hotels, or Residence/Extended Stay Hotels.

Municipal Uses Operated by the Town of Prosper

Any area, land, building, structure, and/or facility owned, used, leased, or operated by the Town of Prosper, Texas, including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plant, police station, water tower, service center, park, heliport, helistop, and golf course.

Museum/Art Gallery

A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, I, NS, O, R

Vehicle Parking:
Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Nursery, Major

An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted.

Nursery, Minor

A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

Office and Storage Area for Public/Private Utility

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.

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

Office/Warehouse/Distribution Center

A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Open Storage

The outside storage or exhibition of goods, materials, merchandise, or equipment on a lot or tract. Open storage must meet the requirements in ARTICLE 4: DEVELOPMENT REQUIREMENTS, § 14-4.5.2D and § 14-4.5.2E.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, I

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Open Storage shall be subject to the following development standards:

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

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

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

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

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

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

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

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

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

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

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

Outdoor Merchandise Display, Incidental

The unenclosed display of commodities, materials, goods, inventory or equipment readily accessible to the public for retail sales in conjunction with a primary enclosed use.

Outdoor Merchandise Display, Temporary

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, DTC, DTR, R

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

Outside 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.

Park or Playground

An area developed for active play and recreation that includes, but is not limited to, open space, sports courts, play equipment, and trails.

Pawn Shop

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

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, R

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Permitted by right subject to the following standards:

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

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

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

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

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.

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, I, NS, O, R

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Private Club

An establishment holding a Private Club permit under Article 32 or 33 of the Texas Alcoholic Beverage Code, as amended, that derives 35 percent or more of its gross revenue from the sale or service of Alcoholic Beverages for on-premise consumption and that is located within a dry area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic Beverage Code, as amended. Private Club does not include a fraternal or veteran's organization, as defined in the Texas Alcoholic Beverage Code, as amended, holding a Private Club permit under Article 32 or 33 of the Texas Alcoholic Beverage Code. A Private Club does not include the holder of a food and beverage certificate, as defined in the Texas Alcoholic Beverage Code, as amended. Unless the person owning or operating the use supplies the building official with records to prove otherwise, an establishment holding a Private Club permit under Article 32 or 33 of the Texas Alcoholic Beverage Code, as amended, is presumed to derive 35 percent or more of its gross revenue from the sale or service of Alcoholic Beverages for on-premise consumption.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, R

Vehicle Parking:
One parking space for each 75 square feet of gross floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

a) A Private Club is permitted only by specific use permit in R, C and CC zoning districts. A Private Club is also permitted by specific use permit as an accessory use in any zoning district only when in conjunction with the operation of a golf course.

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

c) A Private Club shall not be located within:

1. Eight hundred feet from a church, public hospital, public school, private school, and/or residential zoning district. For this purpose, residential zoning districts shall include, but are not limited to, properties that are zoned Neighborhood Service and residential Planned Development Districts;

2. One thousand feet from a public school if the Town Council receives a request for this additional spacing requirement from the school district, and the Town Council adopts such additional spacing requirements by resolution; or

3. One thousand feet from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution.

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

See § 14-3.1.429 PrivateClub. for more detailed information.

Private Recreation Center

A recreational facility, including, but not limited to, clubhouse, swimming pool, playground, and open space, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.

Private Street Development

A development of two or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of the Subdivision Ordinance. The term "Private Street" shall be inclusive of alleys.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, DTSF, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

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

a) New Development.

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

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

3) No negative effect on traffic circulation on public streets;

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

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

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

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

8) And any other criteria deemed appropriate by the Town Council

b) Conversion of existing subdivision to private streets.

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

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

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

4) Replatting of existing subdivision to reflect changes; and/or

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

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.

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.

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.

Recycling Center

A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.

Recycling Collection Point

Recycling Plant

A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Districts Where Allowed Districts where this use is Permitted By Right: I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

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.

Repair Service, Indoor

The maintenance and repair of electronics, appliances and fixtures customarily used in a home or office. The term does not include any type of repair to engines or other motorized equipment or vehicles.

Research and Development Center

A facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, I

Vehicle Parking:
One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,000 square feet of floor area.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
Any Research and Development Center that includes animal or biological testing will be permitted by Specific Use Permit in the designated districts; otherwise they are permitted by right.

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: A, DTSF, SF-10, SF-E

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

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

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

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

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

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

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

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

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

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, DTR, NS, O, R

Vehicle Parking:
One parking space for each 75 square feet of gross floor area for stand alone buildings without a drive-through, and one parking space for each 100 square feet of gross floor area for restaurants located within a multi-tenant building and for stand alone buildings with a drive-through.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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

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

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

d) The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS applies to restaurants with a drive-through.

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

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

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

2. One thousand feet from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts such additional spacing requirements by resolution. Measurement for the distance between a Restaurant or Cafeteria where Alcoholic Beverages for on-premises consumption are sold and a church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections.

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

1. In a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, and in a direct line across intersections; or

2. If the Restaurant that sells Alcoholic Beverages for on-premises consumption is located on or above the fifth story of a multistory building, in a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base of the floor on which the Restaurant or Cafeteria is located.

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

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

Restaurant, Drive In

An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: C, CC, DTC, R

Vehicle Parking:
One parking space for each 75 square feet of gross floor area for stand alone buildings without a drive-through, and one parking space for each 100 square feet of gross floor area for restaurants located within a multi-tenant building and for stand alone buildings with a drive-through.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
The distance requirement from any residential zoning district as established in § 4.9.11: Adjacency of certain uses to residential zoning of ARTICLE 4: DEVELOPMENT REQUIREMENTS shall apply.

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.

Retail/Service Incidental Use

Any use different from the primary use but which compliments and/or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental shall mean a floor area that constitutes not more than 15 percent of the main use.

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.

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.

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTSF, I, MF, MH, NS, O, R, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning and Zoning Commission, School District Bus Yards shall be screened using one of the following methods:

Option 1:

a) A six-foot ornamental metal fence;
b) Three inch caliper evergreen trees on 20 foot centers; and
c) Five gallon evergreen shrubs on three foot centers.

Option 2
a) A six foot clay-fired brick wall; and
b) Three inch caliper evergreen trees on 20 foot centers.

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.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTO, DTR, NS, O, R Special Use Permit: 2F, A, DTSF, MF, MH, SF-10, SF-E, TH

Vehicle Parking:
School, elementary, secondary, or middle - One and one half (1.5) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater.
School, high school - One and one-half parking spaces per classroom plus one space per five students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

School, Public

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

Districts Where Allowed Districts where this use is Permitted By Right: 2F, A, C, CC, DTC, DTO, DTR, DTSF, MF, MH, NS, O, R, SF-10, SF-E, TH

Vehicle Parking:
School, elementary, secondary, or middle - One and one half (1.5) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater.
School, high school - One and one-half parking spaces per classroom plus one space per five students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Sewage Treatment Plant/Pumping Station

A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or disposal of water borne sewage.

Sexually Oriented Uses

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or other use that distributes, displays, or manufactures sexually oriented materials. Sexually Oriented Uses are subject to the requirements of Prosper Ordinance No. 89-2 as it exists or may be amended.

Single Family Dwelling, Attached (Townhome)

A structure located on a lot with fee simple ownership and containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall.

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.

Districts Where Allowed Districts where this use is Permitted By Right: A, DTSF, SF-10, SF-E Districts where this use may be allowed as a Conditional Use: 2F, MF, MH, TH

Vehicle Parking:
Two covered spaces, located behind the front building line, and two maneuvering spaces for each unit.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Single family dwellings, detached may be developed in the referenced districts using the minimum development standards for the SF residential districts. The district standards selected shall be indicated on the preliminary and final plats for the property to be developed as single family dwellings, detached.

A new single-family located in the following zoning districts must submit a Facade Plan for review:

Downtown Single Family (DTSF)
Downtown Office (DTO)
Downtown Retail (DTR)
Downtown Commercial (DTC)

Small Engine Repair Shop

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

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, R Special Use Permit: I

Vehicle Parking:
Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Stealth Antenna, Commercial

A commercial antenna and its support structure that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to:

Antennas within a building's attic space

Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located; or

Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and Antennas located on an athletic field light pole.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTC, DTO, DTR, DTSF, I, MF, MH, NS, O, R, SF-10, SF-E, TH

Development Requirements:
a) Stealth antennas are permitted by right in the residential districts only as a secondary use when the primary use on the lot is a church, school, or athletic stadium or field.

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

c) The Director of Development Services, or his /her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in ARTICLE 3: PERMITTED USES AND DEFINITIONS, § 3.2.2: [Definitions].

d) For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial antenna is a stealth antenna or not when considering site plan approval for the proposal.

Storage or Wholesale Warehouse

A building used primarily for the storage of goods and materials.

Studio Dwelling

An accessory residence that is located in the same structure as, typically above, a commercial or office use in the Downtown Office or Downtown Commercial Districts. The minimum floor area for a studio residence shall be 650 square feet. Each individual office or commercial use may have one accessory studio dwelling.

Taxidermist

An establishment whose principle business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

Telephone Exchange

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

Temporary Building

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

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTC, DTO, DTR, DTSF, I, MF, MH, NS, O, R, SF-10, SF-E, TH

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Development Requirements:
Temporary buildings are permitted by right for houses of worship, public schools (kindergarten through twelfth grade only), and government agencies (see ARTICLE 3: PERMITTED USES AND DEFINITIONS, § 3.2.2: [Definitions]).

See § 14-3.1.47 Temporary Building. for more detailed information.

Theater, Drive In

An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in motor vehicles.

Theater, Neighborhood

A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances, with a maximum of ten screens, stages, or combination thereof or a combined seating capacity of 2,500 or less.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, DTR, R Special Use Permit: I

Vehicle Parking:
One parking space for each four seats or bench seating spaces.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

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.

Trailer Rental

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

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.

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.

Truck Sales, Heavy Trucks

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

Truck Terminal

An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment.

Truck/Bus Repair

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

Two Family Dwelling (Duplex)

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

Districts Where Allowed Districts where this use is Permitted By Right: 2F, TH Special Use Permit: DTSF

Vehicle Parking:
Two covered spaces, located behind the front building line, and two maneuvering spaces for each unit.
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Utility Distribution/Transmission Facility

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

Veterinarian Clinic and/or Kennel, Indoor

An establishment, not including outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Veterinarian Clinic and/or Kennel, Outdoor

An establishment with outdoor pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Water Treatment Plant

A facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological quality of water.

Wind Energy System

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10kW and is intended to reduce on-site consumption of electricity.

Winery

A manufacturing facility designed to place wine into a bottle or other container for wholesale and limited retail distribution. A winery is subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and permitting by the Texas Alcoholic Beverage Commission.

Districts Where Allowed Districts where this use is Permitted By Right: C, CC, DTC, I Districts where this use may be allowed as a Conditional Use: A

Vehicle Parking:
See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for detailed parking information.
See also § 5.2.3: Illustrations for additional parking information.

Merchandise Loading:
See § 4.4.9: Loading space requirements.
See also § 14-5.2.3H

Development Requirements:
A winery is permitted by right in the Agricultural District only when located on the same lot as a vineyard. The vineyard shall occupy a minimum of 80 percent of the lot, and the winery may not exceed 20 percent of the lot.

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.

Districts Where Allowed Districts where this use may be allowed as a Conditional Use: 2F, A, C, CC, DTC, DTO, DTR, DTSF, I, MF, MH, NS, O, R, SF-10, SF-E, TH

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

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

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

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

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

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MapLink™ | Land Uses

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Town of Prosper, TX

MapLink™ | Land Uses