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Accessory Building and Uses
Area regulations for accessory buildings in residential and multifamily districts.
 
A. Accessory building yard requirements in the MF District shall be the same as the main building unless approved by the Planning and Zoning Commission on a preliminary site plan for the multifamily development. Accessory building yard requirements for all other residential zoning districts shall be as set forth below in Subsection B, below.

B. Size of yards:
1. Front yard: Detached front accessory buildings shall have a front yard not less than the main building or as specified in the particular zoning district.

2. Side yard: There shall be a side yard not less than three feet from any side lot line, or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten feet. In the case of an accessory building being closer than ten feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than 15 feet. Garages located and arranged so as to be entered from the side yard shall have a minimum distance of 20 feet from the side lot line, alley line, or easement line. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required front yard for the main building.

3. Rear yard: There shall be a rear yard not less than three feet from any lot line or alley line, or easement line, except that;
 
a. If no alley exists, the rear yard shall be not less than ten feet as measured from the rear lot line;

b. Carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building;

c. Accessory buildings constructed ten feet or more from the main building shall have a rear yard of three feet. If an alley exists, accessory buildings may be located within three feet of a rear lot line if the height of the building is no greater than eight feet and a solid fence or wall of the same height shall be built on the rear lot line to screen the building from property located to the rear;

d. Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear yard or alley easement line a minimum distance of 20 feet.
Adjacency of Certain Uses to Residential Zoning
A. All buildings, gasoline pump islands, vacuums, outdoor speakers, gasoline or fuel storage tanks, air and water dispensers, and other structures in conjunction with any automotive use shall be located a minimum of 200 feet from any residential zoning district or areas shown as residential on the future land use plan. No service bay shall face a residential zoning district or areas shown as residential on the future land use plan. An automotive use shall be defined as the sales, leasing, renting, servicing, repair, or washing of automobiles, boats, motorcycles, trucks, or any other motor vehicle.

B. All buildings, structures, and outdoor speakers used in conjunction with any drive-through restaurant or drive-in restaurant shall be located a minimum of 200 feet from any residential zoning district or areas shown as residential on the future land use plan.

C. Any lot containing a drive-through restaurant, drive-in restaurant, and/or an automotive use as defined in Article 4, § 4.9.11(A) and that is adjacent to a residentially zoned property or areas shown as residential on the future land use plan shall comply with the landscape requirements set forth in Article 4, § 14-4.2.6C Non-residential landscaped area requirements and screening wall requirements set forth in Article 4, § 4.5.2: Location of required screening.

D. The requirements listed in Subsection A and Subsection B, above,  shall not apply to a drive-through restaurant, drive-in restaurant, and/or an automotive use within 200 feet of a residential zoning district that is separated from the residential area by an existing or future major thoroughfare identified on the town's thoroughfare plan.
Corner Visual Clearance
Corner visual clearance—Major thoroughfares.

Corner visual clearance—Non-major thoroughfares.
 


Corner visual clearance—Street and an alley.
 
 
Dwelling Unit Area
The minimum dwelling unit area of a residential unit shall be as specified in each residential zoning district in article 2 of this ordinance. Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive of porches, enclosed or open breezeways, storage area or closets, garages, or other non-living space. The minimum dwelling unit area will generally be that space which is air-conditioned.
Floor Area Ratio
Measurements—Floor area ratio.

Front Yards
A. On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a final plat.

B. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive zoning district for the entire frontage.

C. Where a building line has been established by a plat approved by the Town of Prosper or by ordinance prior to the adoption of this ordinance, and such line required is a greater or lesser front yard setback than prescribed by this ordinance for the zoning district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat provided no such building line shall be set back less than 20 feet.

D. The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed three feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the ground under the structure (See Article 5, § 5.2.3, Illustration I).

E. Where a lot fronts and backs to two different streets, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed (See Article 5, § 5.2.3, Illustration J).

F. In all single family and 2F Districts, the minimum front yard setbacks for all lots fronting onto the same street along a block shall be staggered such that one-third of the lots have a front yard setback that is reduced by five feet, one-third of the lots have a front yard setback as defined in Article 2, and one-third of the lots have a front yard setback that is increased by five feet. Not more than two lots in a row may incorporate the same front yard setback. The average setback along the block shall equal the required setback for the particular zoning district. The lots with an increased front building line may also decrease the rear building line by five feet to maintain the necessary building pad depth. The purpose of this requirement is to produce a variety of front yard setbacks along a street, creating a more pleasing street presence and appearance of houses in the subdivision. In no case shall the front yard setback be less than 20 feet. The front setbacks for each lot shall be designated on the final plat. (See Article 5, § 5.2.3, Illustration K).

G. Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street center line obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection.
1. At a street intersection where one or both of the streets is a major thoroughfare, clear vision must be maintained for a minimum of 25 feet across any lot measured from the corner of the property line in both directions. (See Article 5, § 5.2.3, Illustration L)

2. At an intersection of two neighborhood streets, this clearance must be maintained for ten feet. (See Article 5, § 5.2.3, Illustration M)

3. At an intersection of a neighborhood street and an alley, this clearance must be maintained for five feet down the alley and 15 feet down the street. (See Article 5, § 5.2.3, Illustration N)

4. Fences, walls, and 30 inches in height, as measured from the centerline of the street, or less may be located in the visual clearance areas of all districts.

H. Gasoline, or other hydrocarbon fuel, service station pump islands including their associated unenclosed canopies shall meet the front yard setback requirements established in Article 2 of this ordinance when located adjacent to a public street.

I. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.

J. The minimum front yard in single-family and two-family zoning districts may be reduced by ten feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than 15 feet.
1. For an outside swing-in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet and the height of the garage does not exceed one story; or

2. For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or

3. For a non-enclosed porch and the main structure provided:
a. The height of the main structure does not exceed one story;
b. The porch has a minimum dimension of seven feet in depth measured from stud to the front edge of the porch floor and a minimum width of 20 feet; and
c. The minimum front yard for a front entry garage is increased one foot for every one foot the minimum front yard for the main structure is reduced.
Handicap Accessibility
If applicable all nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act (ADA) of 1991, as may be amended, accessibility guidelines, the Uniform Federal Accessibility Standards, and Texas Accessibility Standards (TAS).
Height Regulations
Water stand pipes and tanks (excluding town owned and/or operated water tanks), church steeples, domes, spires, school buildings, and institutional buildings may be erected to exceed three stories in height, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three stories.

Ornamental features in all non-residential zoning districts may exceed the maximum building height provided that the ornamental feature does not contain floor area and provided the required setbacks for the ornamental feature are increased by two feet for every one foot that the ornamental feature exceeds the maximum height. Ornamental features include, but are not limited to towers, spires, steeples, and cupolas.
Industrial, Wholesale and Institutional Development
See § 4.8.1: Applicability for details.
 
Exterior appearance of buildings and structures.
A. All exterior facades of an industrial, wholesale, or institutional building or structure, excluding glass windows and doors, shall be constructed using the permitted buildings materials in Subsections B and C, below.

B. All exterior facades for a main building or structure, excluding glass windows and doors, in the I District shall be constructed of 100 percent masonry as defined in ARTICLE 3: PERMITTED USES AND DEFINITIONS. The use of stucco and EIFS are only permitted as secondary or accent materials.

1. The Town Council, after recommendation by the Planning and Zoning Commission, may grant an exception to the foregoing exterior façade and design requirements, based upon consideration of the criteria listed in subpart 2, below.

2. In considering an exception to the exterior façade requirements, the Planning and Zoning Commission and Town Council may consider whether a proposed alternate material:
a. Is a unique architectural expression;
b. Includes unique building styles and materials;
c. Is consistent with high quality development;
d. Is or would be visually harmonious with existing or proposed nearby buildings;
e. Has obvious merit based upon the quality and durability of the materials; and
f. Represents an exterior building material that is in keeping with the intent of this chapter to balance the abovementioned objectives.

3. Any exterior façade exception shall be considered in conjunction with a preliminary site plan or site plan application.

C. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, marble, architectural concrete block, split face concrete masonry unit, and architecturally finished concrete tilt wall.

D. Secondary materials used on the façade of a building are those that comprise a total of ten percent or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS). Stucco and EIFS are only permitted a minimum of nine feet above grade.

E. No single material shall exceed 80 percent of an elevation area. A minimum of 20 percent of the front façade and all facades facing public right-of-way shall be clay fired brick or natural, precast, or manufactured stone. The clay fired brick or natural, precast, or manufactured stone shall be located at the main entry points of the building.

F. The front façade, all facades facing public right-of-way, and all facades facing property that is zoned or designated on the future land use plan for residential uses shall be architecturally finished with same materials, detailing, and features. The architectural finish of all other facades must match the remainder of the building in color only.

G. All buildings with a front façade or a facade facing public right-of-way which are greater than 200 feet in length shall incorporate projections or recesses that are at least six feet deep. Projections/recesses must be at least 20 percent of the length of the façade.

H. Windows shall have a maximum exterior visible reflectivity of ten percent. The intent of this provision is to prevent the safety hazard of light reflecting from the windows on to adjacent roadways.

I. All buildings within a common development, as shown on a preliminary site plan, shall have similar architectural styles, materials, and colors.
 
1. Conceptual facade plans and sample boards shall be submitted with the preliminary site plan application for all non-residential uses. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met.

2. A final facade plan and sample boards shall be submitted with the final site plan application for all non-residential uses. Facade plans will be used only to ensure minimum standards are met. Façade plans shall be reviewed and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning and Zoning Commission and Town Council using the appeal procedure in ARTICLE 4: DEVELOPMENT REQUIREMENTS, DIVISION 1: SITE PLAN PROCESS of this Ordinance.

J. All primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non-reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted.

K. Corporate identities that conflict with the building design criteria shall be reviewed on a case-by-case basis and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning and Zoning Commission and Town Council using the appeal procedure in ARTICLE 4: DEVELOPMENT REQUIREMENTS, DIVISION 1: SITE PLAN PROCESS of this ordinance.

L. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint.

M. Exterior construction of maintenance buildings for golf courses, public or parochial schools, churches, of the Town of Prosper may be metal upon issuance of a specific use permit. Exterior construction of buildings used for agricultural purposes in conjunction with a school may be metal upon issuance of a specific use permit.
If an expansion or an addition to an existing metal building is not greater than ten percent or 7,000 square feet, whichever is greater, the masonry requirement shall not apply to the expansion or addition to the existing metal building.

N. The Town Council may approve materials which are equivalent to, or exceed, the standards set forth herein.
Landscaping
Purpose. See § 4.2.1: Purpose for details.
Maintenance.
A. The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping required by this ordinance. All plant material shall be perpetually maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced by property owner, tenant or agent with plant material of similar variety and size, within 30 days of notification by the town or a date approved by the town.

B. All trees located on town property shall be cared for by the town unless that responsibility is transferred to another entity through a Council-approved agreement. The Director of the Parks and Recreation Department shall ensure that the town, or its contractor, monitors and cares for trees in a way that promotes a healthy and growing urban forest, is performed according to ANSI A300, "Standards for Tree Care Operations," and tree care best management practices published by the International Society of Arboriculture. It shall be unlawful to remove, prune, damage or otherwise harm trees on town property without permission from the Director of the Parks and Recreation Department. The Parks and Recreation Department shall be responsible for developing and updating an annual work plan. This work plan shall document what maintenance activities are being performed and scheduled each year. The Parks and Recreation Board may appoint an advisory committee to focus on issues and initiatives that pertain to any urban forest that is located on public lands.
 
General standards.
The following criteria and standards shall apply to landscape materials and installation:
A. All required landscaped open areas shall be completely covered with living plant material. Mulch and other materials can be used around required shrub and tree plantings. Supplemental plantings or design elements that are beyond requirements can be submitted for town review and approval at any time. Landscape plans must meet the minimum requirements of this division prior to approval by the town. 

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

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

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

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

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

G. Large trees must be planted four feet or greater from curbs. Large trees shall be placed a minimum of four feet from sidewalks, utility lines, screening walls and/or other structures. Ornamental trees can be placed closer than four feet with approval from the town. Any reduction in spacing requires a root barrier approved by the town. Utility installation that includes common trench and conduit banks is exempt from the large tree planting distance requirements. The town has final approval for all tree placements. The landscape plan will show the size and location of duct banks.

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

I. A Tree Permit, in accordance with DIVISION 3: TREE MITIGATION, § 4.3.4: Tree permit, and/or grading permit is required for all clear-cutting and/or mass removal of under-story or wooded areas.

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

K. All plantings intended for erosion control will be maintained by the land owner, applicant, or tenant. The town may require re-vegetation to prevent erosion or slippage.

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

M. New or proposed plant materials will be measured and sized according to the Texas Association of Nursery (TAN) standards.

N. Other plant materials in excess of the quantities required in this Ordinance may be smaller than the required material. All shrubs intended for public, non-residential, or multi-families developments should be at least two gallons or more.

O. Alternate designs may be considered by the town to conform to the intent of this ordinance. Any alternate design requires town approval. The alternate method of utilizing large quantities of small material may include, but are not limited to:
One five-gallon shrub = Two three-gallon or four two-gallon
One three-inch large tree = Three three-inch ornamental trees
All substitutions are subject to town approval and must be specified on the approved landscape plan.

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

Q. Existing trees on a property that are preserved may be used to meet the requirements of this division upon approval by the town.
1. Existing trees approved by the town for credit are to remain in a living and growing condition. Any existing tree for which credit was given that dies shall be replaced on the same basis as set forth in this division.

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

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

Landscape area requirements.
A. Single Family, two family (duplex), town home, and mobile home landscape area requirements. See § 14-4.2.6A Single Family, two family (duplex), town home, and mobile home landscapearea requirements for detailed information.

B. Multifamily landscape area requirements. See § 14-4.2.6B Multifamily landscape area requirements for detailed information.

C. Non-residential landscaped area requirements. See § 14-4.2.6C Non-residential landscaped area requirements for detailed information.

D. Nonresidential and multifamily development adjacent to a major creek. See § 14-4.2.6D Nonresidential and multifamily development adjacent to a major creek for detailed information.
 
Required plant materials.
A. Artificial plants or turf are expressly prohibited. See § 14-4.2.7A Artificial plants or turf are expressly prohibited for details

B. Landscaping installed that exceeds the minimum required amounts above does not have to be from the drought tolerant/native plant lists contained herein. However, cottonwood trees may not be planted within 25 feet of any public infrastructure.

See DIVISION 2: LANDSCAPING for more detailed information.
Lot Depth and Area
Measurements—Lot depth and area.

 
Lot Regulations
A. The minimum lot area for the various zoning districts shall be in accordance with the individual districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of this ordinance, may be used for a single-family dwelling and no lot existing at the time of passage of this ordinance shall be reduced in area below the minimum requirements set forth in the respective district.

B. Location of dwellings and buildings. Only one main building for single family and two-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract.

C. Every means of access shall have a minimum lot width of 25 feet at the property line.

D. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the town subdivision regulations' requirements for platting.

E. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

F. Residential density calculations. The maximum permitted residential densities for the TH and MF Districts shall be calculated using the net acreage of the site to be developed.
Net acreage shall not include the following:
Right-of-way dedicated for major thoroughfares.
Required parkland dedication.
Detention.
Land used for non-residential purposes.
 
Net acreage may include the following:
Non-reclaimed floodplain.
Private open space.
Park dedication in excess of minimum park dedication requirements.
Detention ponds that contain a constant water level, are landscaped, or otherwise treated as an amenity for the development, as determined by the Director of Development Services or his/her designee.
Lot Setbacks
Key lot setbacks.


Corner lot setbacks.


 
Lot Width
Measurements—Lot width.

Measurements
All measurements of setback requirements shall be made according to Article 5, § 5.2.3, Illustrations Q-U.
Multifamily Development
A. All exterior facades for a main building or structure, excluding glass windows and doors, in the MF District shall be constructed of 100 percent masonry as defined in ARTICLE 3: PERMITTED USES AND DEFINITIONS. The use of stucco and EIFS are only permitted as secondary or accent materials.
 
1. The Town Council, after recommendation by the Planning and Zoning Commission, may grant an exception to the foregoing exterior façade and design requirements, based upon consideration of the criteria listed in subpart 2, below.

2. In considering an exception to the exterior façade requirements, the Planning and Zoning Commission and Town Council may consider whether a proposed alternate material:
a. Is a unique architectural expression;
b. Includes unique building styles and materials;
c. Is consistent with high quality development;
d. Is or would be visually harmonious with existing or proposed nearby buildings;
e. Has obvious merit based upon the quality and durability of the materials; and
f. Represents an exterior building material that is in keeping with the intent of this chapter to balance the abovementioned objectives.
 
3. Any exterior façade exception shall be considered in conjunction with a preliminary site plan or site plan application.

B. The Town Council may approve materials which are equivalent to, or exceed, the standards set forth in herein.

C. Structure Separation. See § 14-4.8.4C for detailed information.
D. See § 14-4.8.4D for detailed information about architectural articulation.
E. All buildings shall be designed to incorporate a form of window articulation. Acceptable articulation may include the following, see § 14-4.8.4E for detailed information and images.

F. All buildings constructed primarily of brick shall incorporate a form of brick patterning (excluding typical traditional brick patterning, i.e. Running Bond). Acceptable patterning may include those represented below, or similar subject to approval by the Director of Development Services, see § 14-4.8.4F for images.

G. All multifamily buildings shall incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a three in 12 inch minimum slope. Wood shingles are prohibited.
Office, Retail, Restaurant, Service, Automobile and Commercial Development
See § 4.8.1: Applicability for details.
 
Exterior appearance of buildings and structures. 
See § 4.8.2: Exterior appearance of buildings and structures for detailed information.
Outdoor Lighting
See § 4.6.1: Purpose for details.

General requirements.
A. The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this division.
 
1. Light sources or luminaries are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails.

2. Light for outdoor advertising shall be designed to function as full cutoff type of luminary(s). Lighting intended for outdoor advertising shall be directed downward. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting in the "Temporary outdoor lighting" subsection, below.

3. All luminaries located on non-residential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three feet above grade on the lot line abutting a protected residential property. In all other instances, the light source must be completely shielded from direct view of at a point five feet above grade on the lot line.

4. All luminaries located on private property shall be designed or positioned so that the maximum illumination at the property line next to protected residential property shall not exceed ¼ foot-candle and shall not exceed ½ foot-candle adjacent to a street right-of-way.

5. All luminaries and light sources subject to this division shall be maintained and kept in good working order.

6. Lighting for canopies covering fueling stations at automobile service stations and drive-thru facilities shall not illuminate abutting properties and the luminaries shall be designed so that the light source (bulb or lamp) is completely shielded from direct view at a point five feet above the grade on the lot line.

7. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard areas within 30 feet of the building. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following:
(i) That the proposed lighting is not in conflict with the stated purpose;
(ii) That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
(iii) The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

8. Any open area used for motor vehicle parking, storage or access shall be illuminated with freestanding luminaries. Freestanding luminaries are permitted to be a maximum of 30 feet in height. When a luminary is located within 100 feet of protected residential property, the maximum permitted luminaries' height shall be 20 feet. All luminaries must have a total cutoff angle equal to or less than 90 degrees. The use of exterior lighting with a cutoff angle greater than 90 degrees shall be permitted only when the Building Official find the following:
(i) That the proposed lighting is not in conflict with the stated purpose;
(ii) That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
(iii) The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

9. Externally illuminated signs, advertising displays, billboards, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded.

10. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare.

11. Building facades and architectural features of buildings may be floodlighted when the following conditions are met:
(i) Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the façade or feature being illuminated;
(ii) The configuration of the floodlight installation shall block all view to the floodlight fixture's lamp from adjacent properties; and
(iii) The maximum luminance of any floodlighted surface does not exceed the foot-candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces.
 
Temporary outdoor lighting.
A. Any temporary outdoor lighting that conforms to the requirements of this division shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning and Zoning Commission after considering: see § 14-4.6.3A for a detailed list.

B. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Building Inspections Department who shall prepare and forward a report to the Planning and Zoning Commission for its consideration.
 
Illumination levels.
The illumination levels contained in the Illuminating Engineering Society of North America Lighting Handbook, as amended from time to time, shall be used as a guide for providing adequate and safe illumination levels. The Planning and Zoning Commission may require conformance with the illumination levels contained in the Lighting Handbook, Illuminating Engineering Society of North America as part of the review and approval of a private and/or public development project.

See § 4.6.5: Method of measurement for details.

Illumination levels shall be measured in foot-candles with a meter sensor in a horizontal position at an approximate height of three feet above grade. Maximum illumination readings are to be taken directly beneath the luminaries. Readings should be taken after a cumulative initial lamp burn for a period of at least 200 hours.
 
See § 4.6.7: Prohibited for details.
See § 4.6.8: Exemptions for details.
See § 4.6.9: Nonconforming luminaries for detailed information.

Enforcement.
The Building Official, or his/her designee, is hereby empowered and directed to administer and enforce the provisions of this division relating to outdoor light control.

See DIVISION 6: OUTDOOR LIGHTING for more detailed information.
Parking, Circulation and Access
§ 4.4.1: Purpose for details.

Residential parking provisions (Z12-0002).
A. Required parking shall be provided on the same lot as the use it is to serve.

B. All required parking spaces shall be constructed from paved concrete or another similar impervious surface if approved by the Town Council prior to construction.

C. For agricultural uses in the A District, required parking may be constructed from washed gravel, asphalt, or similar all-weather surface.

D. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle.

E. In the SF, DTSF, TH and 2F Zoning Districts, there shall be a minimum of two parking spaces located behind the front building line and enclosed in the main or an accessory building. In addition, there shall be two paved parking spaces provided behind the front property line only for the purpose of allowing on-site stacking or maneuvering to the enclosed spaces.

F. In the SF, DTSF, TH and 2F Zoning Districts, all required parking spaces shall be a minimum of nine feet wide and 20 feet long. Required enclosed parking and stacking spaces shall remain clear of any encroachments.

G. Circular driveways shall be designed to accommodate any required parking behind the front building line.

Non-residential and multifamily parking provisions.
To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in DIVISION 6: OUTDOOR LIGHTING of this ordinance.

For safety and fire-fighting purposes, free access through to adjacent parking areas shall be provided between adjoining non-residential parcels or building sites.

All required parking spaces shall be constructed from paved concrete or another similar impervious surface if approved by the Town Council prior to construction. Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Dead-end parking aisles are not permitted. In the DTO District, where 20 or fewer off-street parking spaces are provided, a dead-end parking aisle is permitted.

Each head-in parking space shall be a minimum of nine feet wide and 20 feet long, exclusive of driveways and maneuvering aisles, and shall be of usable shape and condition (see ARTICLE 5: SAVINGS/REPEALING, PENALTY, SEVERABILITY, ESTOPPEL, EFFECTIVE DATE/PUBLICATION, AND APPENDICES, § 5.2.3: Illustrations A-G. Where it is possible for a vehicle to overhang the front of a parking space above a paved, stoned, mulched, or grassed area other than a sidewalk, street right-of-way, or adjacent property, the depth of the standard space may be reduced to 18 feet. No parking space shall overhang required landscape areas. Parallel parking spaces must be a minimum of eight feet wide and 22 feet long. Parking spaces within non-residential structured parking garages shall be a minimum of eight and one-half feet wide and 18 feet long.

All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, and to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into a parking space.

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and shall be screened according to article 4, division 5 of this Ordinance.

Handicap parking space(s) shall be provided according to State of Texas Program for the Elimination of Architectural Barriers and shall conform to the Americans Disability Act (ADA) of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards.

Parking shall be prohibited in required landscape areas and on unimproved surfaces. Institutional uses shall be exempt from this requirement.

Internal drive aisles shall be designed to incorporate 90 degree intersections. A five degree variance is allowable.

All parking spaces for a building must be located within 350 feet of walking distance from the building's public entrance. Big Box, Industrial, Wholesale, and Institutional uses are excluded from this provision.

Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards.

Speed bumps are not permitted within a fire lane.

Drive aisles in front of buildings cannot be longer than 300 feet continuous without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic-calming feature approved by the Director of Development Services or his/her designee.

Restaurants shall receive a 50 percent reduction to the required parking for areas designated as outdoor dining. The reduction in parking only applies to parking spaces that are required due to the square footage of the outdoor dining area.

All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of Development Services or his/her designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or his/her designee. (Z10-0007)

Cart returns shall be constructed of ornamental metal and be permanently affixed to pavement.

For industrial, wholesale, and institutional uses, no more than ten percent of the required parking can be located in the service/loading area of a building except for buildings located on the street.

Multifamily parking is only allowed between the building and a public street when located at or beyond the required landscape setback and screened with a headlight screen of earthen berms and/or a row of shrubs. Buildings with enclosed garages, when adjacent to a public street, must face garage doors internally to the development. Garage doors may not face a public street. No detached garages may be located between residential buildings and a public street. Enclosed garage parking spaces shall be a minimum of ten by 20 feet.

Multifamily access to a public street in a single-family neighborhood will be limited access and will not function as a primary access point for the complex. Access to single-family alleys is prohibited. Direct or indirect access to a median opening where located on divided thoroughfare is required.

Drive aisles within multifamily developments cannot be longer than 500 feet continuous without an offset equal to the width of the drive aisle, traffic circle, or other acceptable traffic-calming feature approved by the Director of Development Services or his/her designee.
See § 4.4.5: Parking requirements based on use for a detailed list of parking requirements.
See § 4.4.6: Rules for computing number of parking spaces for detailed information.

Location of parking spaces. See § 4.4.7: Location of parking spaces. for details.

Use of required parking spaces in non-residential districts.
Required parking and loading spaces shall be used only for these respective purposes and not for the storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale.

See DIVISION 4: PARKING, CIRCULATION, AND ACCESS for more detailed information.
Planned Developments
Contact the Development Services Department for a current list of approved Planned Development Ordinances.
Residential Buildings
Exterior construction of residential buildings.
A. The exterior facades of a main building or structure, excluding glass windows and doors, in the A, SF, DTSF, 2F, and TH Districts shall comply with the following requirements:
1. The exterior facades shall be constructed of 100 percent masonry, unless otherwise specified in this ordinance.

2. Cementatious fiber board is considered masonry, but may only constitute 50 percent of stories other than the first story.

3. Cementatious fiber board may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story.

4. Unless an alternate material is approved by the Town Council, any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be 100 percent masonry and shall not be comprised of cementatious fiber board.

5. Unless an alternate material is approved by the Town Council, the exterior cladding of chimneys shall be brick, natural or manufactured stone, or stucco.

6. In the DTSF District, cementatious fiber board may be used on up to 90 percent of a structure.

7. Cementatious fiber board may be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official.

B. The roof pitches of a main building or structure, including garages, in the A, SF, DTSF, 2F, and TH Districts shall meet the following roof pitch standards:
1. A minimum of 65 percent of the surface area of composition roofs shall maintain a minimum roof pitch of 8:12.

2. A minimum of 75 percent of the surface area of clay tile, cement tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of 3:12.

3. Wood roof shingles are prohibited.
Residential Development Adjacent to Railways
A. Minimum building setback, screening, and landscaping requirements.
When a boundary of a residential subdivision is adjacent to a railroad right-of-way, one of the two following screening options shall be installed within three months from the date of Town acceptance of public improvements:
 
1. Option One.
a. A minimum building setback of 50 feet shall be required from the railroad right-of-way; and

b. A 100 percent clay fired brick or stone wall with a minimum height of six feet shall be constructed on the railroad right-of-way line; and

c. One three-inch caliper large tree shall be planted a minimum of 30 linear feet on center adjacent to the residential side of the wall. A minimum of 50 percent of the trees shall be of the evergreen variety. The landscaped area shall be mechanically irrigated. The lot owner shall be responsible for the replacement of required plant materials.

2. Option Two.
a. A minimum building setback of 80 feet shall be provided from the railroad right-of-way; and

b. A six foot high earthen berm with a maximum slope of 3:1 shall be constructed adjacent to the railroad right-of-way line.

c. One three-inch caliper large tree shall be planted a minimum of 20 linear feet on center along the top or on the residential side of the berm. A minimum of 50 percent of the trees shall be of the evergreen variety. The landscaped area shall be mechanically irrigated. The lot owner shall be responsible for the replacement of required plant materials.
 
B. Platting requirements:
 
1. The setback area shall be designated on the plat as follows: "This setback area is reserved for screening purposes. The placement of structures on this land or the removal of healthy screening plant materials is prohibited."

2. Should the setback area be part of a single-family lot, the setback area shall also be recorded on the plat as a building line.

C. This division shall not apply to any residential development with an approved concept plan, preliminary plat, and/or final plat prior to adoption of this ordinance.
Screening Fences and Walls
See § 4.5.1: Purpose for details.

Location of required screening.
A. When a boundary of a multifamily, institutional, or non-residential use sides or backs to a property that is zoned or designated on the future land use plan for residential (non-multifamily) uses, or when any institutional or non-residential use sides or backs to a MF District, a solid screening wall or fence of not less than six feet nor more than eight feet in height shall be erected on the property line separating these uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties.
 
Any lot a containing drive-through restaurant, drive-in restaurant, and/or automotive use, as defined in § 14-4.9.11A, and that is adjacent to a residentially zoned property or areas shown as residential on the future land use plan, shall have a screening wall eight feet in height and shall be maintained in a manner to provide the intended screening.

The owner of such property of the lesser restrictive use shall be responsible for and shall build the required wall or fence on his property line dividing his property from the more restrictive zoning district. In cases where the Planning and Zoning Commission finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall after a landscape plan has been prepared to demonstrate equal visual screening.

A screening wall or fence required under the provisions of this division, under a specific use permit, a Planned Development District, or other requirement shall be constructed of clay-fired brick masonry units or other suitable permanent materials which do not contain openings constituting more than 40 square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. Concrete masonry units, poured in place concrete, tilt-up concrete, or concrete panels may be used upon approval by the Planning and Zoning Commission.

Properties zoned for the DTC, DTR, or DTO District are only required to provide screening along property lines that are adjacent to properties shown as residential on the future land use plan. The screening shall consist of an eight-foot cedar board-on-board wooden fence constructed in accordance with the fence ordinance as it exists or may be amended. In the DTO District, the height of the fence may be reduced to six feet.
 
B. All required screening walls shall be equally finished on both sides of the wall.

C. All loading and service areas shall be screened from view from adjacent public streets and adjacent property that is zoned or designated on the future land use plan for residential uses. Screening shall be by walls with complimentary landscaping that is compatible with the project design.
1. Screening walls shall be 14 feet tall with one row of perimeter evergreen trees adjacent to the loading area.
2. A screening wall is not required if a double row of perimeter evergreen trees is provided on offset 50 foot centers within a 15 foot landscape edge. Fifty percent of the trees shall be canopy evergreen trees.

D. All uses providing open storage shall provide a site plan and landscape plan depicting the following:
1. The location of open storage on the property;
2. The location of parking and vehicular maneuvering aisles and/or fire lanes in relation to the open storage;
3. The location of pedestrian access and/or sidewalks adjacent to and accessing the open storage and the primary use; and
4. The location, height, and type of screening. A new use utilizing an existing building shall submit an amended site plan depicting the location of open storage. If the open storage area exceeds 20 percent of the gross floor area of the primary use building or ten of the lot area, it must be presented on a site plan and approved by the Planning and Zoning Commission.

E. Trash and recycling collection area requirements are as follows: see § 14-4.5.2E for detailed information.
 
F. Where any alley intersects with a street, no fence or plant taller than two and one-half feet may be placed within a sight visibility triangle defined by measuring five feet down the alley right-of-way line and measuring 15 feet down the street right-of-way line, then joining said points to form the hypotenuse of the triangle.

G. In any residential zoning district, or along the common boundary between any residential and non-residential district where a wall, fence, or screening separation is provided, the following standards for height, location, and design shall be observed:
 
1. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height above the grade of the adjacent property. Where a fence intersects a screening wall and the height of the fence exceeds the height of the screening wall, the height of the fence shall transition to the height of the screening wall over a distance of 20 feet.

2. The maximum height of a fence or wall in a required front yard of a single family or duplex shall not exceed four feet. Combinations of berms and fences shall not exceed four feet in height. Ornamental metal fencing that is attached to required screening walls as defined in Subdivision Ordinance No. 03-05, as it currently exists or may be amended, may be constructed up to eight feet in height in the front yard of cul-de-sac lots for only the side of the lot that is adjacent to a street with a right-of-way width of 60 feet or greater. The height of this fence shall not exceed the height of the adjacent required screening wall.

3. The maximum height of a fence in a required front yard of a single family lot that is one acre or larger may exceed the four foot height limit established above, provided that said fence shall not exceed eight feet in height and shall be constructed of wrought iron or decorative tubular steel.

H. Screening shall be required between residential lots and adjacent rights-of-way as required by Subdivision Ordinance No. 03-05, as it currently exists or may be amended.

I. Rooftop and ground-mounted mechanical equipment shall be screened with a parapet wall and/or masonry wall a minimum of 12 inches in height taller than the mechanical equipment being screened. Where rooftop-mounted mechanical equipment is not screened from view at a point six feet above ground level at the property line, alternative forms of screening are required, and may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of Development Services.

J. A six foot irrigated living screen shall be required when parking is located adjacent to residential in the DTC or DTR District. In the DTO District, the living screen may be reduced to a minimum of three feet but shall be solid at the time of planting. In the DTO District, the living screen is not required where a wood fence is required in accordance with Subsection A above.

K. Air conditioning units, trash/recycling containers, and pool equipment shall be entirely screened from view from adjacent public right-of-way by a living screen consisting of evergreen shrubs, a solid privacy fence, or through building orientation.
Side and Rear Yards
A. On a key lot used for one or two-family dwellings, both street exposures shall be treated as front yards (See Article 5, § 5.2.3 Illustration O) on all key lots except where one street exposure is designated as a side yard and separated from the adjacent lot by an alley (See Article 5, § 5.2.3, Illustration P). In such case, a building line shall be designated on the plat approved by the Town of Prosper containing a side yard of 15 feet or more. On lots that were official lots of record prior to the effective date of this ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the zoning district.

B. Every part of a required side yard shall be open and unobstructed from the ground upward except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Air conditioning compressors and similar appurtenances are permitted in the side yard.

C. Side yard setbacks in the R, C, and CC Districts may be waived for a building when attached to an adjacent building and is shown on a site plan approved by the Planning and Zoning Commission. (Z07-8).

D. The face (meaning garage door) of a garage that faces a side yard (a swing-in garage) must be setback 24 feet from the side property line. (Z10-0013).

E. Non-residential uses that are permitted within a single family zoning district (such as a day care, school, or church) shall maintain a 40 foot side and rear building setback when adjacent to a property that is zoned or designated on the future land use plan for residential uses.
Tree Mitigation
See § 4.3.1: Purpose for details.
See § 4.3.2: Scope for details.
See Replacement requirements for detailed information.

Transplanting protected trees.
No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree within the town without first obtaining a tree permit as provided in § 4.3.4: Tree permit. All transplanting shall be in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree replanting requirements of this division.

Tree protection measures.
Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a protective fence and where necessary, bark protection (See Diagram A). All protective measures shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed.

During any construction or land development, the developer shall clearly mark all trees to be maintained. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This is not intended to prohibit the normal construction required within parking lots. All protected tree(s) shall be protected by the owner as follows, unless otherwise directed by the Director of Development Services or his/her designee:
 
A. Before development or redevelopment, the owner shall install a minimum three foot tall protective barricade made of wood, fencing or solid material. These barricades will be installed a minimum of ten feet from protected trees or a minimum of two feet outside the designated protective root zone, whichever is the greater distance.

B. Vertical posts no less than three feet in height and no more than six feet apart. Horizontal members consisting of wood no less than three feet above existing grade and securely attached to the vertical posts.

C. Before development or redevelopment, the owner shall establish and maintain a construction entrance that avoids protected trees.

D. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain, nor shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree.

E. No parking or storing of vehicles, equipment or materials allowed within the protective root zone.

F. Attachments or wires are prohibited from being attached to any protected tree. Cables, tree rods, and similar hardware installation that aid structural integrity of a protected tree are exempt from this division as approved in writing by the Director of Development Services or his/her designee.

G. Fill or excavation may not occur within the canopy or drip line of a protected tree. Major changes of grade (i.e., three inches or greater) within the canopy or drip line will require additional measures to maintain proper oxygen and water exchange with the roots.

H. Unless otherwise approved in writing by the town, construction or construction-related activity is prohibited under the canopy or drip line of protected trees.

I. Any trees removed shall be chipped and used for mulch on site or hauled off-site. Burning of removed trees, stumps, or foliage requires written approval by the Fire Department.

J. Root pruning will be required when disturbance will occur under the drip line of protected trees. This root pruning shall be completed a minimum of two weeks prior to any construction activity within the drip line.

K. All tree maintenance techniques shall be in conformance with industry identified standards. Alternative maintenance techniques may be approved by the town.

L. No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death of a tree.