Frisco City Zoning Code
SECTION 1
GENERAL PROVISIONS
§ 1.02.01 Zoning Ordinance Guiding Principles.
The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.02.02 Zoning Ordinance Intent.
The zoning regulations and districts have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.02.03 Zoning Ordinance Considerations.
The zoning regulations and districts have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City consistent with the Comprehensive Plan. The Comprehensive Plan has been used as a guide to develop the regulations within this Zoning Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.02.04 Zoning Ordinance Reference Documents.
The City Council hereby delegates all future authority to draft, amend, approve and/or adopt any and all Zoning Ordinance Reference Documents to the City Manager, or his/her designee. For the purposes of this section the Zoning Ordinance Reference Documents shall refer to the Development Application Handbook and Facade Plan Booklet referenced herein. Zoning Ordinance Reference Documents may be drafted, amended, approved and/or adopted, from time to time, at the discretion and determination of the City Manager, or his/her designee. As the Zoning Ordinance Reference Documents are drafted, amended, approved and/or adopted by the City Manager, or his/her designee, said standards shall thereafter have the same force of law and effect as if originally adopted hereby.
(Ordinance 19-10-83 adopted 10/1/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 1.02.05 Compliance with City Plans and Ordinances Required.
Compliance with all City ordinances pertaining to the subdivision and development of land, and the Comprehensive Plan (where applicable), shall be required prior to approval of any application pursuant to this Ordinance. All such ordinances and the Comprehensive Plan shall be construed to mean those documents as they exist or may be amended. It is the property owner's responsibility to be familiar with, and to comply with, City ordinances, the Comprehensive Plan, and the provisions of this Ordinance. Applicable City ordinances and plans with which all applications must comply include, but are not limited to, the following:
(A)
Comprehensive Plan (including all associated maps and plans);
(B)
Subdivision Ordinance;
(C)
Building Codes;
(D)
Flood Damage Prevention Ordinance;
(E)
International Fire Code;
(F)
Other Applicable portions of the Municipal Code of Ordinances;
(G)
Impact Fee Ordinance;
(H)
Park Dedication Ordinance;
(J)
Federal, State and Local Environmental Regulations.
(Ordinance 12-06-42 adopted 6/19/12; Ordinance 19-10-83 adopted 10/1/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 1.03.01 Zoning Districts Shown on the Zoning District Map.
The boundaries of zoning districts set out herein are delineated upon a Zoning District Map of the City, adopted as part of this ordinance as fully as if the same were set forth herein in detail.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.03.02 Official Zoning District Map.
(A)
Official Zoning District Map filing.
(1)
One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as Ordinance Number 11-04-09.
(2)
This copy shall be the "Official Zoning District Map" and shall bear the signature of the Mayor and attestation of the City Secretary.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.03.03 Current Zoning District Map.
(A)
Chief Building Official maintains the current Zoning District Map.
An additional copy of the original Zoning District Map shall be placed in the office of the Chief Building Official.
(1)
The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the Current Zoning District Map.
(2)
In order to provide and maintain a current-to-date and accurate map of all zoning district boundaries, the City shall maintain electronic mapping files or other similar Geographic Information System (GIS) files of the Official Zoning District Map with all approved zoning amendments.
(3)
In case of any question involving a district designation within the City, the updated copy of the Official Zoning District Map on file in the office of the Chief Building Official is presumed correct, and the person challenging the accuracy of that copy has the burden of presenting the Official Zoning Map, together with the ordinances amending the Map, to prove the inaccuracy of the updated copy.
(B)
Zoning Map reproductions.
Reproductions for informational purposes may be made of the Official or Current Zoning District Map.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.04.01 District Boundary Interpretation Rules.
The district boundary lines shown on the Official Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning District Map, the following rules shall apply.
(A)
Centerlines.
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.
(B)
Platted lot lines.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(C)
City limits.
Boundaries indicated as approximately following City limits shall be construed as following city limits.
(D)
Railroad lines.
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.
(E)
Shore lines.
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.
(G)
Vacated public way.
Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the vacated area shall be rezoned according to Subsection 6.06 Amendments to the Zoning Ordinance/Districts and Administrative Procedures.
(H)
Boundary as a condition of zoning approval.
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
(I)
Zoning ambiguity.
Where physical features on the ground conflict with information shown on the Official Zoning District Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections (A) through (H), the property shall be considered as classified, AG – Agricultural District, in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in Subsection 6.01. Zoning Upon Annexation for temporarily zoned areas.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.05.01 Compliance Required.
(B)
Compliance with Zoning District.
The land, buildings, structures, or appurtenances described in Subsection (A) above shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per Subsection 8.02. Penalty for Violations of this ordinance.
(C)
When any portion of this Zoning Ordinance is expressly contradicted by state or federal law, or when requiring adherence to this Zoning Ordinance would result in a violation of state or federal law, City staff, in consultation with the City Attorney, may waive compliance with the relevant portion of this Zoning Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-08-41 adopted 8/19/2025)
§ 1.05.02 Interpretation.
(A)
Restrictiveness.
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.
(B)
Abrogation.
The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.
(C)
Cumulative effect.
The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
(D)
Error correction.
In the event that any property or Zoning District set forth on the Zoning District Map as provided in Subsection 1.03 Zoning District Map of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following:
(1)
Applicants.
The property owner of said tract, the City Council, or the Planning & Zoning Commission may submit an application to the Director to initiate the error correction process.
(E)
Director authority to interpret the Zoning Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.05.03 Rules of Construction.
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction.
(A)
Number.
The singular number includes the plural and the plural the singular.
(B)
Tense.
The present tense includes the past and future tenses and the future the present.
(C)
Mandatory and permissive language.
The word "shall" and "must" are mandatory while the word "may" is permissive.
(D)
Gender terms.
The masculine gender includes the feminine and neuter.
(E)
Parentheses.
Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.01 Intent of Provisions.
(A)
Existence of nonconformities.
(1)
The purpose of this Subsection 1.06 is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.
a.
Nonconformities occur in three (3) general categories, or combinations thereof.
1.
Nonconforming lots as described in 1.06.02(A)(1). For example, a nonconforming lot can be nonconforming as to lot area or dimension requirement.
2.
Nonconforming structures as described in 1.06.02(A)(1). For example, a nonconforming structure can be nonconforming as to setback, yard, or height lot area or dimension requirement.
3.
Nonconforming uses are uses as described in 1.06.02(A)(1).
(2)
It is the declared intent of this section that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.
(C)
Incompatible uses.
Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.02 Establishment of Legal Nonconforming Status.
(A)
Existence.
For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows:
(1)
Legal nonconforming.
Those uses, structures or lots which in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this subsection.
(2)
Illegal status.
Those uses, structures or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.
(B)
Time of adoption.
Any use, platted lot, and/or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.
(C)
Annexation.
If a use, platted lot and/or structure was in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legal nonconforming.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.03 Burden of Demonstration.
The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.04 Continuing Lawful Use of Property And Existence of Structures.
(A)
Abandonment of nonconforming use.
If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six (6) months, then such nonconforming use shall be deemed to be permanently abandoned. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights of this Ordinance, such a use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use. For the purpose of this subsection, to "cease operations" shall mean to intentionally terminate operations of the nonconforming use. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
(B)
Reinstatement of nonconforming use rights.
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to 1.06.04(A), may request that the nonconforming rights to the use be reinstated pursuant to Subsection 6.12 Reinstatement of Nonconforming Rights of this Ordinance.
(C)
Prohibited expansion or reoccupation.
A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in 1.06.06 Expansion of Nonconforming Uses and Structures.
(D)
Single-family residential uses.
(1)
Conforming single-family residential uses on platted lots approved prior to April 5, 2011, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district.
(2)
Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met, or the lot shall be considered nonconforming.
(E)
Existing platted lots are conforming lots.
Any existing vacant lot platted prior to April 5, 2011, which was legally conforming, shall be deemed a conforming lot.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.05 Changing Uses and Nonconforming Rights.
(A)
Nonconforming use to conforming use.
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
(B)
Nonconforming use to another nonconforming use.
A nonconforming use may not be changed to another nonconforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.06 Expansion of Nonconforming Uses and Structures.
An expansion of a nonconforming use or structure is allowed in accordance with the following.
(A)
Nonconforming use expansion in existing building.
A nonconforming use located within a building may be extended throughout the existing building, provided.
(1)
No structural alteration, except as provided in Subsection (E) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
(2)
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
(B)
Nonconforming use prohibited from expansion beyond existing building.
Nonconforming use within a building shall not be extended to occupy any land outside the building.
(C)
Off-street loading and parking.
Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.
(D)
Residential lot exemption.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to April 5, 2011, may be used for a single-family dwelling.
(E)
Expansion of nonconforming buildings with conforming uses.
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.
(F)
Reuse of abandoned or vacant buildings by conforming uses allowed.
Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.07 Restoration of Nonconforming Structures.
(A)
Total destruction.
If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance.
(B)
Partial destruction.
In the case of partial destruction of a nonconforming structure not exceeding fifty-one (51) percent of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.08 Movement of Nonconforming Structures.
(A)
Relocation of a nonconforming structure within a platted lot.
Nonconforming structures may be relocated within the same platted lot.
(B)
Compliance.
Nonconforming structures shall comply with all setback and screening requirements.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 1.06.09 Completion of Structures.
Nothing herein contained shall require any change in the plans, construction, or designated use of the following.
(A)
Approved building.
A building or structure for which a building permit has been issued or a Site Plan approved prior to April 5, 2011.
(B)
Building in the approval process.
A building or structure for which a complete application for a building permit was accepted by the Chief Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.
(Ordinance 2021-07-47 adopted 7/6/21)