The Zoning Ordinance, Ordinance No. 84-16, of the Town of Prosper, Texas, as passed and approved on the 9 ^th day of October, 1984, together with all amendments thereto, is hereby amended in its entirety to read as follows:

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 Town of Prosper. They 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; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They 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 town consistent with the Comprehensive Plan.

The boundaries of zoning districts set out herein are delineated upon a zoning district map of the town, adopted as part of this ordinance as fully as if the same were set forth herein in detail.

One original of the zoning district map shall be filed in the office of the Town Secretary and labeled as Ordinance number 05-20. This copy shall be the official zoning district map and shall bear the signature of the Mayor and attestation of the Town Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

An additional copy of the original zoning district map shall be placed in the office of the Director of Planning. 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 official zoning map. Reproductions for informational purposes may be made of the official zoning district map.

The district boundary lines shown on the 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 map, the following rules shall apply:

A.

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

E.

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.

F.

Boundaries indicated as parallel to or extensions of features indicated in subsections A through E above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

G.

Whenever any street, alley, or other public way is vacated by official action of the Town Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

H.

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.

Where physical features on the ground are at variance 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 Agricultural (A) 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 chapter 1, section 4 for temporarily zoned areas.

A.

All land, buildings, structures or appurtenances thereon located within the town that are hereafter occupied, used, erected, altered, graded, developed, removed, placed, demolished, or converted shall be occupied, used, erected, altered, graded, developed, removed, placed, demolished or converted in conformance with the zoning regulations prescribed herein provided or be subject to penalties as per chapter 5, section 1.2 of this chapter.

B.

No land, buildings, structures or appurtenances thereon located shall hereafter be occupied, used, erected, altered, graded, developed, removed, placed, demolished or converted without first receiving all necessary approvals, releases, and/or permits, including, but not limited to site plan approval, plat approval, landscape plan approval, engineering plan approval, grading release, preconstruction conference, paving permit, plumbing permit, electric permit, or building permit.

A.

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.

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.

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.

In the event that any property or zoning district set forth on the zoning district map of the town as provided in chapter 1, section 2 of this chapter 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 rules. Upon notification of error, the Town Council shall give notice of a public meeting to consider correcting the error and at such public meeting, shall consider any comments or any persons desiring to address the Town Council concerning such error, and after due consideration of such comments, the Town Council may amend the zoning district map by an affirmative vote of the majority of the Town Council. Upon approval of the correction to the zoning district map, said district map shall be amended to reflect the correction of the error, and the zoning district map, as amended and corrected, shall be the official zoning district map.

The language set forth in these regulations shall be interpreted in accordance with the following rules of construction:

A.

The singular number includes the plural and the plural the singular; and

B.

The present tense includes the past and future tenses and the future the present; and

C.

The word "shall" is mandatory while the word "may" is permissive; and

D.

The masculine gender includes the feminine and neuter; and

E.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual; and

F.

Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.

All territory hereinafter annexed into the town shall be classified as Agricultural (A) District, until permanent zoning is established by the Town Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure set forth in chapter 1, section 8 of this ordinance.

A.

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

B.

No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the A District, unless and until such territory has been classified in a zoning district other than the A District, by the Town Council in the manner prescribed by law, except as provided in chapter 1, section 4.2(C).

C.

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

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions.

A.

The lot or tract is part of a plat of record, properly approved by the Town Council, and filed in the plat records of Collin or Denton Counties, Texas as may be applicable by location of property.

B.

The plat, tract, or lot faces upon a dedicated street and was separately owned prior to annexation to the Town of Prosper, in which event a building permit for only one main building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel without first complying with paragraph A preceding.

C.

The plat or tract is all or part of a site plan officially approved by the Town Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.

No building hereafter erected, converted or structurally altered shall be used or occupied until a Certificate of occupancy has been issued by the Building Official which signifies compliance with the appropriate zoning district.

Certificates of occupancy shall be required for any of the following.

A.

Occupancy and use of a building hereafter erected or structurally altered;

B.

Change in use of an existing building to a use of a different classification;

C.

Occupancy and use of vacant land, except agricultural use;

D.

Change in the use of land to a use of a different classification;

E.

Any change in the use of a nonconforming use.

No such use, or change of use, shall take place until a certificate of occupancy shall have been issued by the Building Official.

Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within ten days after a written request for the same has been made to said Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.

Written application for a certificate of occupancy for the use of vacant land, a change in the use of land or a building, or a change in a nonconforming use to a conforming use, as herein provided shall be made to said Building Official for review according to chapter 1, section 6.2. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy shall be issued within ten days after the application for same has been made.

Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provision of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept in file on the office of the Building Official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Official, subject to any and all necessary conditions, for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the town relating to the use or occupancy of the premises or any other matter covered by this ordinance.

A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such certificate of occupancy for a nonconforming use shall be filed with the Building Official by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this ordinance.

A.

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

B.

Definitions. Nonconformities occur in three general categories: structures, uses, lots or combinations thereof.

Nonconforming structure means a structure which does not conform to the regulations (other than the use regulations) of the zoning ordinance, but which was lawfully constructed under the regulations in force at the time of construction.

Nonconforming use means a use that does not conform to the use regulations of this ordinance, but was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time.

Nonconforming lot means a platted lot of record that does not conform to the lot area, lot width, or lot depth requirements established in this ordinance, except as otherwise provided for in this section.

C.

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

D.

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

A.

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

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 section.

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.

A.

Any use, platted lot, and/or structure that is a lawful use at the time of the adoption of any amendment to the zoning 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.

B.

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

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.

A.

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

B.

Reinstatement of nonconforming use rights. An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to section 7.5(A), above, may request that the nonconforming rights to the use be reinstated pursuant to section 7.10.

C.

Prohibited expansion or reoccupation. A nonconforming use shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of the zoning ordinance, except as provided in section 7.7.

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, when the new nonconforming use is a more intense land use in terms of generating additional traffic, parking, noise, light, or providing additional outdoor uses in comparison to the current nonconforming use.

C.

Conforming use in a nonconforming structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use as outlined in section 7.7, below.

A.

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

B.

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

1.

Nonconforming use expansion in existing building. A nonconforming use located within a building may be extended throughout the existing building, provided:

a.

No structural alteration, except as provided in section 7.8, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

b.

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.

C.

Nonconforming use prohibited from expansion beyond existing building. A nonconforming use within a building shall not be extended to occupy any land outside the building except where the rights are fully or partially re-instated by the Board of Adjustment pursuant to section 7.10.

D.

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

A.

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

B.

Reuse of abandoned or vacant buildings by conforming uses allowed. Buildings or structures which have been vacant or abandoned for more than six months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

C.

Restoration of nonconforming structures.

1.

Total destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the zoning ordinance unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to section 7.10.

2.

Partial destruction. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50 percent or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within six months of the date of such damage or destruction unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to section 7.10.

D.

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

A.

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

1.

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 this zoning ordinance or applicable amendments thereto; provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.

A.

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

1.

Resumption of a nonconforming use previously abandoned;

2.

Expansion of the land area of a nonconforming use;

3.

Expansion of the gross floor area of a nonconforming structure beyond 25 percent; or

4.

Reconstruction of a nonconforming structure that has been destroyed.

B.

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

C.

Application Requirements.

1.

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

2.

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

D.

Review and determination process.

1.

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

2.

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

a.

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

b.

Publication in the official newspaper of the town prior to the 15 ^th day before the hearing.

E.

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

F.

Criteria for considering application. The Board of Adjustment shall consider the following criteria:

1.

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

2.

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

3.

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

4.

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

G.

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

A.

First public hearing. Upon direction by the Town Council, the Board of Adjustment shall hold a public hearing to determine whether the continued operation of the nonconforming use will have an adverse effect on nearby properties or the community welfare. Notice of the public hearing shall be in the manner established in section 7.10(D)(2).

B.

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

1.

The Comprehensive Plan;

2.

The character of the surrounding neighborhood;

3.

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

4.

The manner in which the use is being conducted;

5.

The hours of operation of the use;

6.

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

7.

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

8.

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

9.

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

10.

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

C.

If the Board of Adjustment determines that the nonconforming use has an adverse effect on nearby properties or the community welfare, it shall hold a second public hearing to set a date for compliance. The Board of Adjustment shall have the authority to request the owner to produce financial documentation and/or records to the factors listed in section 7.11(E), below. The owner shall provide said documents and/or records at least 30 days before the second public hearing. If the owner does not provide said documentation, the Board of Adjustment is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public or expert testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board of Adjustment from setting a compliance date.

D.

Second public hearing. Notice of the public hearing shall be in the manner established in section 7.10(D)(2).

E.

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

F.

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

G.

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

H.

Decision to deny a request to establish a compliance date. A decision by the Board of Adjustment to deny a request to establish a compliance date is final unless appealed to state court within ten calendar days in accordance with Chapter 211 of the Local Government Code.

I.

Decision setting a compliance date. A decision by the Board of Adjustment setting a compliance date is final unless appealed to state court within ten calendar days in accordance with Chapter 211 of the Local Government Code.

J.

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

(Ord. No. 2023-64, § 2, 9-26-2023)

A.

The Town Council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any zoning ordinance regulations may be ordered for consideration by the Planning and Zoning Commission or Town Council. Any zoning district boundary amendment may be ordered for consideration by the:

1.

Town Council;

2.

Planning and Zoning Commission; or

3.

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

B.

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

C.

Each applicant for zoning or for an amendment or change to the existing provisions of this zoning ordinance shall submit a zoning application (available from the Planning Department) to the Planning Department on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the town. All applications received on a date other than an official submittal date shall be dated received on the next official submittal date. Applications must be complete for acceptance.

D.

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

E.

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

A.

Zoning changes.

1.

Prior to making its report to the Town Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Prior to the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council hearing shall be given by publication in the official newspaper of the town, stating the time and place of such hearing, a minimum of 15 days prior to the date of the public hearing.

2.

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

a.

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;

b.

Contain the time and place of the hearing; and

c.

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

B.

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

C.

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

1.

Time.

a.

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

b.

The property owner or his/her representative must provide verification with a photograph that the zoning sign is in place ten days prior to the first public hearing meeting date.

c.

The property owner or his/her representative must remove the sign within three days after the town's approval of the ordinance rezoning the property or after the town denies the request.

2.

Place.

a.

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

b.

Signs shall be located no greater than 20 feet from front property line, unless otherwise directed by the Director of Development Services or his/her designee. Zoning signs are not permitted in the right-of-way.

3.

Manner.

a.

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

b.

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

c.

The width of a zoning sign shall be a minimum of four feet.

d.

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

(Ord. No. 18-76, 9-25-18; Ord. No. 2023-64, § 3, 9-26-23)

The Planning and Zoning Commission and/or Town Council may deny a zoning application if the applicant or representative fails to appear at one or more hearings before the Planning and Zoning Commission and/or Town Council.

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

If the Planning and Zoning Commission denies the zoning request, it may offer reasons to the applicant for the denial.

B.

Proposal recommended for denial by the Commission. The affirmative vote of a majority of the Town Council present is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied, in accordance with the Town Charter, as it currently exists or may be amended.

(Ord. No. 14-72, 10-14-14)

A.

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

B.

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

C.

Three-fourths vote (Z14-0007). If a written protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the Planning Department, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area thereof extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the affirmative vote of three quarters of all members of the Town Council. Written protests shall be subject to the following requirements:

1.

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

2.

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

3.

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

4.

A person may by written request withdraw his or her signature from the protest at any time prior to the close of the public hearing for the zoning case. If the withdrawal of an owner's signature from a protest reduces the percentage of land area ownership protesting the zoning change to less than 20 percent of the total area of land, a three quarters vote of the Town Council for approval of the zoning change shall not be required.

5.

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

6.

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

D.

Denial by Town Council. The Town Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the town for six months from the original date of denial.

E.

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

(Ord. No. 14-72, 10-14-14)

A.

Establishment of the Board of Adjustment.

1.

There is hereby created the Prosper Board of Adjustment (the "Board") and the Board may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance that are consistent with the general purposes and intent of said ordinance and in accordance with any applicable rules contained in this ordinance or in rules and regulations adopted by the Board and approved by the Town Council. All rules and regulations adopted by the Board shall be reviewed and approved by the Town Council. The rules and regulations shall be consistent with and not in conflict with this ordinance or other rules and regulations prescribed by the Town Council. The Board shall function according to the laws of the State of Texas and, when applicable, the provisions of this ordinance.

2.

The Board shall consist of five members, to be appointed by the Town Council for a term of two years; provided, however, that of the first five appointments made under this ordinance, three shall be appointed to serve a two year term and two shall be appointed to serve a one year term; and, thereafter, three shall be appointed during odd-numbered years and two shall be appointed during even-numbered years, for said two year term. No board member shall serve for more than three consecutive terms or six consecutive years (whichever is less).

3.

When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term.

4.

Each board member may be removed by the Town Council for cause on a written charge after a public hearing. By way of example, any board member who is absent from three consecutive regular meetings without explanation acceptable to a majority of the other board members is good cause for removal.

5.

Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the Town Council.

6.

The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the Town Council not more than three weeks following each such meeting.

7.

Each case before the Board must be heard by at least four members.

8.

The Board shall have two alternate board members appointed by the Town Council to serve in the absence of one or more regular board members when requested to do so by the Mayor or Town Administrator. Each alternate board member serves for the same period as a regular board member and is subject to removal in the same manner as a regular board member. A vacancy among the alternate board members is filled in the same manner as a vacancy among the regular board members. An alternate board member serves upon the same terms and conditions as a regular board member.

B.

Officers.

1.

The Board shall have a Chair and Vice-Chair whose terms shall be one year. At the first scheduled meeting of the Board in October of each year, or as soon as practicable, the first item of business shall be the selection of the Board's Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Board.

2.

The Chairperson shall preside over meetings and shall be entitled to vote upon each issue.

3.

The Vice-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair.

C.

By-laws. The Board shall have the power to develop and revise by-laws for its own governance, which shall be subject to approval by the Town Council. The by-laws shall include provisions for:

1.

Establishment of meeting dates; and

2.

Establishment of an appointment to certain committees made up of board members and other lay persons to assist the Board in the conduct of its responsibilities; and

3.

Board members' attendance requirements, not inconsistent with this ordinance.

D.

Duties and Responsibilities.

1.

The Board may:

a.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance or Section 211.007, Texas Local Government Code ("the Code"), as it exists or may be amended.

In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official; and

b.

Hear and decide special exceptions to the terms of the zoning ordinance when the ordinance requires the Board to do so; and

c.

Permit the reconstruction, extension or enlargement of a building occupied by non-conforming uses, on the lot or tract occupied by such building, provided such reconstruction, extension or enlargement does not prevent the return of such property to a conforming use; and

d.

Authorize, in specific cases, a variance of height, yard, area, exterior structure, lot coverage, off-street parking and loading requirements from the terms of the zoning ordinance, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by ordinance to other parcels of land in the town or the district. No variance may be granted if it results in an unnecessary hardship, as herein defined, on another parcel of land.

In order to make a finding of hardship and to grant a variance, the Board of Adjustment must determine that:

i.

The requested variance does not violate the intent of the Zoning Ordinance or its amendments; and

ii.

Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; and

iii.

The hardship is in no way the result of the applicant's own actions; and

iv.

The interpretation of the provisions in the zoning ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions.

No variance may authorize a use other than those uses permitted in the zoning district for which the variance is sought. Also, an application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a preliminary site plan, site plan, preliminary plat or final plat, when required by the zoning ordinance, and any amendments thereto, or the subdivision ordinance, and any amendments thereto, for any parcel of property or portion thereof, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the Town Council. The administrative procedures and requirements of the zoning ordinance, and any amendments thereto, and the subdivision ordinance, and any amendments thereto, with regard to both the Planning and Zoning Commission and Town Council consideration and action, on preliminary site plans, site plans, preliminary plats, and final plats, must be exhausted prior to requesting a variance.

2.

The concurring vote of four members of the Board is necessary to:

a.

Reverse an order, requirement, decision, or determination of an administrative official;

b.

Decide in favor of an applicant on a matter on which the Board is required to pass under the zoning ordinance; or

c.

Authorize a variation from the terms of the zoning ordinance.

E.

Appeal of Board decisions. Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department or board of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the Office of the Board and not thereafter. The date of filing of the decision in the Office of the Board shall be the date the Board announces its decision either orally or in writing to the applicant.

F.

Power to obligate and finance. The Board shall have no power to obligate the town in any manner whatsoever. The Board's finances shall be handled in the same manner as any division of the town government.

(Ord. No. 14-72, 10-14-14)

No request for establishment or amendment of a zoning district, including a request to establish or amend a Planned Development District, or a conceptual plan or development plan incorporated therein, nor application for a site plan or other permit authorized by these zoning regulations shall be accepted for filing or processing unless such request is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the zoning ordinance and the subdivision ordinance. The acceptance or processing by any town official of a zoning request or zoning permit application prior to the time a complete application is submitted hereby is deemed to be null and void and, upon discovery, shall be grounds for denial or revocation of such application. A typographical error shall not constitute an incomplete application. The applicant will be notified of, and the reasons for, such denial or revocation within ten business days of the official application date.