What the Prosper zoning ordinance says about variances and appeals, district by district. Section numbers link to the official ordinance.
Changes to a PD run through the same public hearing rezoning procedure used to establish it (UDC 2.05.E.1), not the Board of Adjustment variance process; an owner may request rezoning of only the portion of the PD they own, subject to Town review of the effect on the remaining PD area (UDC 2.05.E.4). Confirm the right path with the Planning Division before applying.
The Board of Adjustment, a five-member board appointed by Town Council, hears variances of height, yard, area, exterior structure, lot coverage, and off-street parking requirements (UDC 1.02.C.4.d.iv). A concurring vote of 4 of the 5 members is required to grant a variance (UDC 1.02.C.4.e). The Board must find the variance is not contrary to the public interest, that literal enforcement would cause undue hardship, that the hardship is not self-created, and that special conditions of the specific parcel (restricted area, shape, topography, or physical features) are not shared by other parcels in the same district (UDC 1.02.C.4.d.iv to v). A variance cannot authorize a use not otherwise permitted in the district, and a Preliminary Site Plan, Site Plan, Preliminary Plat, or Final Plat process (where required) must be exhausted before a variance can be heard (UDC 1.02.C.4.d.v). Confirm the current zoning map and the cited UDC section text before acting.
Enter an address. We identify the zoning district and assemble what the ordinance says about it: permitted uses, dimensional rules, accessory structures, and the approval process.
District identification is free. The full brief is $79.