Desoto City Zoning Code

PART V

DEVELOPMENT STANDARDS

SECTION 37 EXTERIOR CONSTRUCTION REQUIREMENTS

37.1

EXTERIOR CONSTRUCTION STANDARDS.

Definitions. For the purpose of this section the following definitions shall apply:

Masonry construction shall include all construction of stone material (including artificial stone), brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction. EIFS and stucco are considered masonry products in regards to this section. The standards for masonry construction types are listed below:

Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.

Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale brick are not allowed.

Concrete Masonry Units: Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Non-load Bearing Units. Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, integrally colored, subject to approval by the Planning and Zoning Commission. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.

Concrete Panel Construction: Concrete finish, pre-cast panel or tilt wall construction shall be painted, fluted, or exposed aggregate. Other architectural concrete finish is subject to approval by the Planning and Zoning Commission. Smooth or untextured concrete finishes are not acceptable unless painted.

Acrylic Matrix or Synthetic Plaster Finishes: A three component finish system consisting of one hundred percent (100%) acrylic matrix ceramically colored aggregate and sealer, or 100% synthetic plaster having two types of application, spraying or troweling. Exterior coat may be 1/16" to 3/32" in thickness. Each product can be applied to a variety of backing such as gyp sheathing, plywood, particle board, or foam board. A base coat and fiberglass mesh is used to smooth and level surfaces, corners and joints.

Glass and metal standards are as follows:

Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer's standards.

(1)

The use of corrugated metal, plastic, or fiberglass panels is prohibited.

(2)

The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.

37.2

CONSTRUCTION STANDARDS.

Construction standards. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.

Residential.

All buildings and structures located in residential zoning districts "A" through "SF-A" shall be of exterior fire resistant construction. Residential structures shall have one hundred percent (100%) masonry for the total exterior front building elevation, excluding doors and windows. The remaining exterior elevations shall have a minimum of eighty percent (80%) masonry for each remaining exterior elevation. In all single-family residential districts, chimneys shall be one hundred percent (100%) masonry as masonry is defined below. (For example in the larger residential zoning districts, a chimney may be 100% stucco or EIFS.)

The construction standards herein shall apply to the construction of new structures on or after August 6, 2002. Nothing contained in this section shall require any change in the plans or construction of a structure to conform to these standards for which a building permit has been issued prior to August 6, 2002, or structure for which substantially complete application for a building permit was accepted by the building official on or before August 6, 2002, provided however such structure shall comply with all applicable ordinances of the City in effect on the date of such application was filed and the building permit is issued within thirty (30) days after August 6, 2002. For buildings and structures to be constructed on a lot contained in a Preliminary Plat that was accepted prior to August 6, 2002, and which is contained within an approved Final Plat for such lot, without expiration of the Preliminary Plat for such lot, shall have at least eighty percent (80%) of the total exterior walls above grade level to the top plate line for the first floor, of masonry construction.

For the larger residential zoning districts (A, SF-E, SF-CE, SF-20, SF-15 and SF-12), masonry shall be defined as consisting of either brick, stone, synthetic brick or stone, as well as stucco and EIFS.

For the smaller residential zoning districts (SF-10, SF-9, SF-8 2F and SF-A), masonry shall be defined as consisting of either brick, stone, or synthetic brick or stone. Stucco and EIFS shall not be considered as masonry in these districts.

In the larger residential zoning districts, a home can be built that is 100 percent stucco and/or EIFs. However, in the smaller residential zoning districts stucco and/or EIFs will be limited to 20% on the side or rear elevations.

In both the large and small residential zoning districts denoted above, architectural features such as columns, shutters, dormers and ornamental gable vents are not required to be masonry, as defined for that district. Box windows located on the side and rear elevations of a residence, are not required to be masonry as defined for that district.

All principal buildings and structures located in the MF District shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors and windows, constructed of brick, stone, or brick veneer. Facia and Soffit shall be constructed with non-maintenance type material.

Concrete or metal exterior construction is not permitted on any residential structure.

Exemptions. Accessory buildings two hundred forty (240) square feet or less are excluded from these provisions. Barns on property of three (3) acres or more providing such barns are used solely for agricultural purposes as distinguished from commercial or industrial purposes shall be exempt from provisions of this section.

Refer to Chapter 3, Building Regulations regarding roof pitch, gutters and requirements for shingles.

Nonresidential.

In the Office-1 (O-1), Office-2 (O-2), Neighborhood Services (NS) and General Retail (GR) zoning districts, one hundred percent (100%) of all facades or elevations shall be of masonry construction, excluding doors and windows. For the purpose of this subsection, metal is prohibited on vertical facades of the building. Accessory facade elements such as mansard roofs, parapet walls, eaves and other similar architectural elements shall not have metal as a facade component. Awnings and cupolas are exempt from this requirement and are allowed to be metal. An awning is defined as a roof like cover of canvas or other material used to keep the sun or rain off a storefront, window, doorway or deck. Canopies are allowed to be metal as well; however, the support poles of the canopy must have masonry facades from the ground up to the roof of the canopy. Functional building elements (such as metal rain gutters, conduit, light fixtures or fire department connections) or accent materials may be exempt from the above standard, if the total combined surface of these elements is less than ten percent (10%) of each building facade or elevation area. This requirement shall apply to all new construction, building expansions or facade replacements on existing buildings in the districts so noted.

In the remaining zoning districts, all nonresidential uses shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the City's building code and fire prevention code. Building facades which face or side any public street or residential zoning districts, or otherwise have public exposure, shall be constructed entirely of stone, brick or glass wall construction. Consideration for exceptions shall be subject to approval by the Planning and Zoning Commission. Chimneys shall be full masonry brick, stone or synthetic plaster/acrylic matrix from slab to cap.

Metal accessory buildings over two hundred forty (240) square feet may be located in the C-1, C-2, and I zoning districts and shall be constructed in accordance with the City's building code and fire prevention code, except that any structure within two hundred feet (200') of a major thoroughfare or residential zoning district shall be constructed of masonry or glass wall construction. Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures.

When walls are metal, the use of corrugated panels is prohibited; profiled panels, deep ribbed panels and concealed fastener systems are permitted. Exterior finish for metal walls fronting or siding on public streets shall be of a permanent material such as a baked or enamel finish or painted to the wall manufacturer's standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

Temporary Construction Buildings: Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the Building Official and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Official.

Procedure for determining alternative exterior materials:

All requests for alternative exterior building materials shall be noted and described on a site plan to be submitted to the Planning and Zoning Commission for approval. If requested by the City, a sample of the material may be required to be submitted with the site plan.

The City may approve an alternative exterior material if it is determined it is equivalent or better than masonry according to the criteria listed for exceptions below as part of the approval of a site plan submitted to the Planning and Zoning Commission for approval.

Consideration for exceptions to the above requirements shall be based only on the following:

Architectural design and creativity.

Compatibility with surrounding developed properties.

Architectural variances may be considered for, but not limited to, Ginger-bread, Victorian, English Tudor, or Log designs.

(Ordinance 417 as amended through 2/7/2017)

SECTION 38 OFF-STREET PARKING AND LOADING REQUIREMENTS

38.1

PURPOSE. To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

38.2

RESIDENTIAL DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS.

Required off-street parking shall be provided on the same site as the use it is to serve.

No parking shall be allowed except on a paved concrete parking space. All driveways and approaches to required parking spaces shall be similarly paved except in the SF-CE and SF-E district on lots three (3) acres or larger.

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle). In the SF-8, SF-9, SF-10, SF-12, SF-15, SF-20 and SF-A Districts, a boat or recreational vehicle including a motor home or travel trailer may be parked or stored on the residential premises of the owner provided that such boat, vehicle or motor home may be parked or stored only within that portion of the residential lot which is located to the rear of the required front yard line.

In the SF-CE, SF-E, SF-20, SF-15, SF-12, SF-10, SF-9, SF-8 and 2F Districts, all garage driveway connections shall be from an alley and no garage opening/entrance shall face the front of the lot unless a waiver is granted pursuant to DeSoto Subdivision Ordinance. In areas where no alley is available, garage driveway connections may be from the street; however, no garage opening/entrance shall face the front of the lot. A garage that is front facing (entrance to garage faces the front of the lot), which sits to the back of the house and is accessed through a porte cochere or breezeway is permitted provided, a wrought iron or tubular steel gate is erected across the porte cochere opening to provide screening. For the purpose of this section a porte cochere is defined as a covered entrance leading through a building into an inner courtyard located behind the building.

For lots that are on a corner, access must be provided from the more minor street of the two adjoining streets.

38.3

NONRESIDENTIAL AND MF DISTRICTS - SPECIAL OFF-STREET 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 Section 44.

For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 38.10.

All required off-street parking, maneuvering, loading and storage areas shall be paved in accordance with the parking lot paving requirements in the City's Code of Ordinances.

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.

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Illustration 10, § A-6 for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

Standard: Nine feet (9') by eighteen feet (18').

Compact: Nine feet (9') by sixteen feet (16').

Parallel: Eight feet (8') by twenty-two feet (22').

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, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot (3') minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. 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 or from a parking space, or for circulation within the parking lot.

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic; all interior parking lots or areas shall provide a six-foot (6') landscaped median at a minimum of every four (4) lanes unless otherwise approved on the site plan by the Planning and Zoning Commission.

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. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

Handicap parking space(s) shall be provided according to State and Federal regulations.

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Planning and Zoning Manager.

Off-street stacking requirements for drive-through facilities.

A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.

For each service window of a drive-through restaurant, a minimum of six (6) spaces shall be provided from the location of the order window.

For kiosks, a minimum of two (2) stacking spaces for each service window shall be provided.

For each full service carwash, vacuum or gas pump lane, a minimum of seven (7) stacking spaces shall be provided.

For each self-service (drive-through/automated) wash bay, a minimum of three (3) stacking spaces in addition to the wash bay shall be provided.

For each self-service (open bay), a minimum of two (2) stacking spaces in addition to the wash bay shall be provided.

For automobile quick lube facilities, a minimum of three (3) stacking spaces in addition to the service bay shall be provided.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through "circular" drive for each ten (10) students cared for excluding child care in a residence. An additional lane shall also be required to allow pass by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

38.4

OFF-STREET LOADING SPACE - ALL DISTRICTS.

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks (see Illustration 2, § A-6). Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten by forty-five feet (10' X 45') and such spaces or berths shall be provided in accordance with the following schedule:

Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
0 to 10,000	None
10,001 to 50,000	1
50,001 to 100,000	2
100,001 to 200,000	3
Each additional 100,000	1 additional

Along major thoroughfares, loading docks or overhead rolling steel doors shall not be constructed facing the front of the lot, unless such loading dock or overhead rolling steel doors are set back a minimum of seventy-five feet (75') from the right-of-way line of the street or highway on which said loading dock fronts and is visually screened from "line of sight" measured from a vertical height of five feet (5') from such major thoroughfare, see Subsection E for industrial district setback reductions. Screening shall be subject to the following standards:

Screening shall be equivalent to a brick masonry wall six feet (6') in height.

A living screen or living screen and berm of equal height may be substituted upon approval of the Planning and Zoning Commission. Living screen materials shall be in accordance with the City of DeSoto's approved plant list.

Screening shall be provided for a linear distance equal to the length of the area where the loading docks are exposed to the public street.

Loading docks on streets other than major thoroughfares shall not be constructed facing the front of the lot, unless a minimum setback of seven-five feet (75') is provided from the right-of-way line of the street or highway on which said loading dock fronts (see Illustration 2, § A-6), see Subsection E for industrial district setback reductions.

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

Properties located within the Light Industrial (LI) or Industrial (I) Districts may reduce the required seventy-five foot (75') setback established in Section 38.4B or Section 38.4C to fifty feet (50'). Setbacks and standards within Section 43.9, referring to Wintergreen Road, shall not be reduced.

38.5

PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS.

In the approval of a Detailed Site Plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

In all Districts (except all Single-Family and Duplex Zoning Districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Managing Director of Development Services or designated representative.

Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

Parking space configuration, location, arrangement, size and circulation in all Districts shall be constructed according to Illustration 10, § A-6.

No parking shall be permitted on grass, landscaped or other permeable surface.

38.6

PARKING REQUIREMENTS BASED ON USE. In all Districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

Adult Day Care Center: One (1) space per ten (10) participants plus one (1) space per caregiver, plus one (1) space for each bus or van.

Assisted Living: 0.7 spaces per dwelling unit or room intended for occupancy, plus one space per three hundred (300) square feet of office or similar space.

Auto Repair, Major and Auto Repair Minor: Three (3) spaces per service bay and one (1) parking space per employee, but in no case shall there be fewer than five (5) parking spaces. No service bay shall serve as a required parking space.

Auto Glass and Seat Covers/Upholstery: Three (3) spaces per service bay and one (1) parking space per employee, but in no case shall there be fewer than five (5) parking services. No service bay shall serve as a required parking space.

Automobile Parts Sales (Indoors): One (1) space per five hundred (500) square feet of indoor floor area plus one (1) space for each 2,000 square feet of outside sales area. A service bay shall serve as a required parking space.

Automobile Sales or Service: See Motor - Vehicle Sales.

Auto Muffler Shop: Three (3) spaces per service bay and one (1) parking space per employee, but in no case shall there be fewer than five (5) parking spaces. No service bay shall serve as a required parking space.

Bail Bond Services: One (1) space for each three hundred (300) square feet of floor area.

Bank, Savings and Loan, or similar institution: One (1) space per two hundred (200) square feet of gross floor area

10.

Bed and Breakfast Facility: One (1) space per guest room in addition to the requirements for a normal residential use. Guest parking areas must be screened from all streets. No parking shall be allowed in the front yard area.

11.

Beer and Wine Package Sales Establishment: One (1) space for each two hundred (200) square feet of floor area.

12.

Bike (Bicycle) Sales and Service: One (1) parking space for each three hundred (300) square feet of floor area, excluding the service and repair area, and one (1) parking space for each 1,000 square feet used for service and repair, or fraction thereof.

13.

Bowling Alley or Center: Six (6) parking spaces for each alley or lane.

14.

Bus or Truck Repair, Storage Area, or Garage: One (1) space for each five hundred (500) square feet of floor area and repair garage with a minimum of five (5) spaces.

15.

Business or Professional Office (General): One (1) space per three hundred (300) square feet of gross floor area except as otherwise specified herein.

16.

Carwash (Self Serve): One (1) space per washing bay or stall in addition to the washing area or stall themselves; carwash (full service): One (1) space per one hundred fifty (150) square feet of floor area.

17.

Cash for Gold Establishment: One (1) parking space for each three hundred (300) square feet of floor area.

18.

Child Care Center/Day Care Center: One (1) space per ten (10) pupils plus one (1) space per teacher, plus one (1) space for each bus or van.

19.

Church, Rectory, or Other Place of Worship: One (1) parking space for each three (3) seats in the main auditorium/sanctuary or number of people who regularly attend worship services if the church does not have an auditorium or sanctuary.

20.

Cigar Lounge: One (1) space for each 200 square feet contained in the retail area and one (1) parking space for each thirty (30) square feet of gross floor area within the lounge or one (1) space for every two (2) persons under maximum capacity in the lounge, whichever is greater.

21.

College or University: One (1) space per three (3) day students.

22.

Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

23.

Commercial Amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area, or as follows:

Racquetball or Handball Courts: Three (3) spaces for each court.

Indoor Tennis Courts: Six (6) spaces for each court.

Gymnasium, Skating Rinks, and Martial Arts Schools: One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.

Swimming Pool: One (1) space for each one hundred (100) square feet of gross water surface and deck area.

Weight Lifting or Exercise Areas: One (1) space for each one hundred (100) square feet.

Bingo Parlors: One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.

Indoor Jogging or Running Tracks: One (1) space for each one hundred (100) linear feet.

Motion Picture Theaters (Which Do Not Include Live Performances): (1) one (1) space per three and one-half (3-1/2) seats for single-screen theaters; (2) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens.

Amusement Center: One (1) space for each game table and one (1) space for each amusement device.

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

24.

Commercial Amusement (Outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

25.

Commercial Use: One (1) space per two hundred fifty (250) square feet of floor area.

26.

Continuing Care Retirement Home: One (1) space for each dwelling unit.

27.

Contractor's Shop With or Without Outdoor Storage: One (1) space for each five thousand (5,000) square feet of warehouse use, one (1) space for each three hundred (300) square feet of non-warehouse use, except in no case shall there be fewer than five (5) spaces.

28.

Convenience Store (With Gasoline Pumps): One (1) space per two hundred (200) square feet of floor area plus one (1) space for each three (3) gasoline pump units (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces in pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store.

29.

Dance Hall, Aerobics, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

30.

Defensive Driving School/Class: One (1) space for each classroom seat.

31.

Entertainment Venue: One (1) parking space for fifty (50) square feet of gross floor area or one (1) space for every three (3) persons under maximum capacity, whichever is greater; plus one parking space for each employee on shift for the shift with the most employees.

32.

Firewood Sales: One (1) space for each 1,000 square feet of area that is being used to store and display the firewood. This does not mean a calculation of the exact spot where the wood is resting on the ground, but rather a calculation of the general rectangular area or areas in which the piles of firewood are located. A minimum of five (5) parking spaces is required for customers, plus one (1) parking space for each employee.

33.

Flea Market: One (1) space for each two hundred (200) square feet of floor or sales area. Dirt or gravel parking lots are not permitted.

34.

Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1-1/2) spaces for each two beds in off campus projects.

35.

Furniture or Appliance Store, Hardware Store, Wholesale Establishments, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000).

36.

Gasoline Station: One (1) space per two hundred (200) square feet of floor area. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

37.

Golf Course: Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.

38.

Golf Driving Range: One and one-half (1-1/2) spaces for each driving tee.

39.

Health Club, Health Spa or Exercise Club: One (1) space per one hundred fifty (150) square feet of floor area.

40.

Hospital: One (1) space for each two (2) beds or examination room whichever is applicable.

41.

Hotel: One (1) space per room for the first two hundred fifty (250) rooms and .75 space per room for each room over two hundred fifty (250), plus one (1) space per five (5) restaurant/lounge area seats, plus one (1) space per one hundred twenty-five (125) square feet of meeting/conference areas. One and one-tenth (1.1) spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this subsection. Two (2) spaces per guest room provided with kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this subsection.

42.

Industrial (Light) Uses: One (1) space for each one thousand (1,000) square feet of floor area.

43.

Institutions of a Philanthropic Nature: Ten (10) spaces plus one (1) space for each employee.

44.

Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

45.

Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.

46.

Long Term Care Facility: One (1) space for each two (2) beds or examination room, whichever is applicable.

47.

Lumber Yard: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse.

48.

Machinery or Heavy Equipment Sales: One (1) space per five hundred (500) square feet of gross floor area.

49.

Manufacturing, Processing or Repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

50.

Medical or Dental Office: One (1) space per two hundred (200) square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

51.

Mini-Warehouse: Four (4) spaces per establishment plus (1) one additional space per ten thousand (10,000) square feet of storage area.

52.

Multifamily Residential Uses: See specific criteria given in Section 24.4E.

53.

Mobile Home or Mobile Home Park: Two (2) spaces for each mobile home plus additional spaces as required herein for accessory uses.

54.

Mortuary or Funeral Home: One (1) space for each employee, plus one (1) parking space for each 300 square feet or portion thereof of the buildings total square footage used for offices and waiting/seating areas, and one (1) parking space for each (3) three seats under maximum seating in each room used for services, public viewing, or other rooms used for similar purposes.

55.

Motel: One (1) parking space for each sleeping room or suite plus one (1) additional space for each two hundred (200) square feet of office or retail floor area contained therein.

56.

Motor Freight Company: One space for each 300 square feet of office space and one (1) space for five thousand (5,000) square feet of gross floor area, or one (1) space for each employee with a minimum of five (5) spaces, whichever is greater.

57.

Motor-Vehicle Sales and New or Used Car Lots: One (1) parking space for each five hundred (500) square feet of sales floor for indoor uses, or one (1) parking space for each one thousand (1,000) square feet of lot area for storage, sales and parking area, whichever is greater.

58.

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area.

59.

Outdoor Display: One (1) space for each six hundred (600) square feet of open sales/display area.

60.

Places of Public Assembly Not Listed: One (1) space for each three (3) seats provided.

61.

Race Track, Horses or Dogs: One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers according to Section 38.4.

62.

Real Estate Office: One (1) space for each two hundred (200) square feet.

63.

Retail or Personal Service Establishment, Except as Otherwise Specified Herein: One (1) space per two hundred (200) square feet of gross floor area.

64.

Retail Tobacco Store: One (1) space for each two hundred (200) square feet of floor area.

65.

Restaurant, Private Club, Night Club, Cafe or Similar Recreation or Amusement Establishment: One (1) parking space for each one hundred (100) square feet of seating or waiting area or one (1) space for every three (3) seats under maximum seating arrangement, whichever is greater.

66.

Rooming or Boarding House: One (1) parking space for each sleeping room.

67.

School, Business: One (1) space per fifty (50) square feet of classroom floor area.

68.

School, Elementary (Grades K—6): One (1) parking space for each fifteen (15) students (design capacity).

69.

School, Secondary, or Middle (Grades 7—8): One (1) parking space for each twelve (12) students (design capacity).

70.

School, High School (Grades 9—12): One space for each three (3) students, faculty and staff (design capacity).

71.

Skilled Nursing Facility: One (1) space per six (6) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.

72.

Sports Facility (Indoor): Parking for this use is based on the different facilities that may be provided, as contained below. If a proposed business believes the parking requirements denoted are more than is needed for their proposed use or uses, less parking may be required if a Parking Analysis is completed by a qualified Professional Engineer, which has experience in completing parking analysis, which delineates the need for less parking.

If staff cannot concur with the Parking Analysis provided, this decision can be appealed to the Planning and Zoning Commission. If the Planning Commission cannot support the Parking Analysis, this decision can be appealed to the City Council.

Prior to receiving a Building Permit or a Certificate of Occupancy, a business proposing this use must provide detailed information that denotes how each portion of the facility will be used and how it will be operated.

Office Space: One (1) space for each three hundred (300) square feet of office area.

Gymnastic Center: One (1) space for each one hundred (100) square feet of area. Parking spaces required, based on area, can be applied toward the parking spaces needed for spectators; if there will be meets and competitions as part of the use.

Wrestling/Martial Arts: One (1) space for each one hundred (100) square feet of area.

Basketball/Volleyball Courts: One (1) space for each one hundred fifty (150) square feet of area.

Hockey/Skating Rink: One (1) space for each two hundred (200) square feet of area. Parking Spaces required, based on the area, can be applied toward the parking spaces needed for spectators; if there will be meets and competitions as part of the use, except for 40 spaces.

Soccer/Football Field: One (1) space for each three hundred (300) square feet of area.

Tennis Courts: Six (6) spaces for each court.

Swimming Pool: One (1) space for each one hundred (100) square feet of gross water area. Parking spaces required, based on area, can be applied toward the parking spaces needed for spectators; if there will be meets and competitions as part of the use.

Racquetball/Handball Courts: Three (3) spaces per court.

Health and Fitness Facility: One (1) space for each one hundred (100) square feet of area.

Jogging or Running Track: One (1) space for each one hundred (100) linear feet.

Batting Cages: One and one-half (1-1/2) parking spaces per batting cage.

Meeting and Conference Rooms: One (1) space for each three (3) seats provided; based on maximum seating capacity.

Snack Bar and Lounge Area: One (1) parking space for each one hundred (100) square feet of seating area or one (1) space for every three (3) seats under maximum seating arrangement, whichever is greater.

Party Facility: One (1) space per one hundred (100) square feet of area or one (1) space for each three (3) seats provided, whichever is greater.

The parking for any use not stated above shall be one (1) space for each one hundred (100) square feet of area.

If the areas that will house any of the sports listed above will also be used for competition or meets, additional parking must be provided for spectators as follows: one (1) space for each three (3) seats and one (1) space for each four (4) seats of bench seating. All spectator areas must be provided with adequate seating. No event is permitted which can not provide adequate seating and on-site parking. Meets and competitions must be planned and scheduled in such a manner so that parking demand is not greater than the parking provided. If there is no competition or meets and only training or practice, the seating provided for the participants or those who brought the participants shall not be considered as spectator seating that requires parking.

73.

Smoking Paraphernalia Establishment: One (1) space for each two hundred (200) square feet of floor area.

74.

Storage or Warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

75.

Studio (Dance, Music or Drama): One (1) space for each one hundred fifty (150) square feet of gross floor area, excluding locker rooms.

76.

Surgical Out-Patient Facility: One (1) parking space for patient bed and one (1) parking space for each employee.

77.

Teen Club: One (1) parking space for each three (3) persons at maximum capacity.

78.

Telemarketing: One (1) space for each 250 square feet of space.

79.

Theater, Indoor or Outdoor (Live Performances), Sports Arena, Stadium, Gymnasium or Auditorium (except school auditorium): One (1) parking space for each four (4) seats or bench seating spaces.

80.

Truck Stops: One (1) truck parking space for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area.

81.

Veterinarian Clinic: One (1) space per three hundred (300) square feet of gross floor space.

82.

Warehouse or Wholesale Type Uses: One (1) space for five thousand (5,000) square feet of gross floor area.

83.

Wedding, Banquet and Party Facility (Indoor): One space for every 100 square feet of floor area.

84.

Wedding, Banquet and Party Facility (Indoor/Outdoor): One space for every 100 square feet of indoor area, plus one space for every 2,000 square feet of usable site area.

85.

Youth Shelter: One (1) space per ten (10) children plus one (1) space per employee with a minimum of five (5) total spaces.

38.7

RULES FOR COMPUTING NUMBER OF PARKING SPACES. In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

"Floor Area" shall mean the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Planning and Zoning Manager in accordance with the requirements for the most closely related use specified in this section.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over forty thousand (40,000) square feet.

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty percent (50%) of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the Planning and Zoning Manager. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the Planning Department of the City of DeSoto.

Compact Car Spaces. In the O-1, O-2, NS, GR, C-1, C-2, I and LI Districts, compact car parking spaces may be permitted when approved as part of a detailed site plan by the Planning and Zoning Commission, providing one of the following conditions apply:

Where it is necessary to preserve the natural landscape and native trees, a maximum of ten percent (10%) of required parking may be designed for compact cars.

On parking lots larger than fifty (50) spaces involving large industrial buildings or large offices and where there is only one tenant, a maximum of twenty-five percent (25%) of the required parking may be for compact cars.

On parking lots larger than fifty (50) spaces involving a shopping center, a maximum of ten percent (10%) of the required parking may be for compact cars.

38.8

LOCATION OF PARKING SPACES. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed six hundred feet (600) from any nonresidential building served.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within one hundred fifty feet (150') of such building or structure providing:

That a permanent easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

That a long-term Remote Parking Lease Agreement be provided upon approval by the City as a condition of such use.

All overnight parking for Major and Minor Auto Repair shall be located behind or in the building.

38.9

USE OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS. Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.

38.10

FIRE LANES.

Fire lanes shall be provided in all multifamily and nonresidential areas as required by the adopted Fire Code of the City.

(Ordinance 417 as amended through 2/7/2017; Ordinance 2133-18 adopted 8/7/2018)

SECTION 39 LANDSCAPE REQUIREMENTS

39.1

PURPOSE. Landscaping is accepted as adding value to property and is in the interest of the general welfare of the City. Therefore, landscaping is hereafter required of new development.

39.2

SCOPE AND ENFORCEMENT.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, or altered (exceeding thirty percent (30%) of the original floor area), construction occurring within the City. Additionally, any use requiring a Special Use Permit or a PD zoning designation must comply with these landscape standards. The provisions of this section shall be administered by the Planning and Zoning Manager or designee.

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the Planning and Zoning Manager or designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance.

39.3

PERMITS.

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the Planning and Zoning Manager. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in Section 41. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the Planning and Zoning Manager determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is provided stating when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months of the date of the issuance of the certificate of occupancy.

39.4

LANDSCAPE PLAN. Prior to the issuance of a building, paving, grading or construction permit for any use, a landscape plan shall be submitted to the department of Planning. The Planning and Zoning Manager or designee shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor, landscape designer, etc.) and shall contain the minimum following information:

Minimum scale of one inch (1") equals fifty feet (50');

Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.

Species of all plant material to be used.

Size of all plant material to be used.

Spacing of plant material where appropriate.

Layout and description of irrigation, sprinkler, or water systems including placement of water sources.

Description of maintenance provision.

Person(s) responsible for the preparation of the landscape plan.

Mark indicating North.

Date of the landscape plan.

39.5

GENERAL STANDARDS. The following criteria and standards shall apply to landscape materials and installation:

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.

Plant materials shall conform to the standards of the approved plant list for the City of DeSoto (see Part VII, Appendices, § A-4 for the approved plant list) and the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees shall have an average spread of crown of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') crown of spread. Large trees shall be a minimum of three inches (3") in caliper (measured six inches (6") above the ground) and seven feet (7') in height at time of planting. Small trees shall be a minimum of one inch (1") in caliper and five feet (5') in height.

Shrubs not of the dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be three feet (3') high within two (2) years after time of planting.

Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems. Areas totaling less than ten (10) square feet may be irrigated by other methods.

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:

Circumference of Existing Tree	Credit Against Tree Requirement
6" to 8"	1.0 tree
9" to 30"	1.5 trees
31" to 46"	2.0 trees
47" or more	3.0 trees

Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City's approved plant material list but approved by the Planning and Zoning Manager or designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three inch (3") minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured four and one-half feet (4-1/2') above natural grade. No living trees greater than eight inches (8") in caliper may be cut, destroyed or damaged on the development site until approved as part of the site plan requirements in this ordinance.

Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (1') of height). All berms shall contain necessary drainage provisions as may be required by the Engineer.

In addition to the above General Standards, Mixed Use Zoned Districts shall incorporate the following:

See Mixed Use Illustrative Guide pages 14 for examples.

Landscape credits in Mixed Use Zoned Districts may be approved by the Planning and Zoning Manager or their designee.

Permanent Landscaped areas shall provide the following:

One large tree from the Approved Plant List (§ A-4) per 500 square feet of landscaped area. Street trees located between the back of curb and sidewalk may be credited if provided by owner or developer even if tree is located within right-of-way. Existing trees will be credited in accordance with Section 39.

One small tree from the approved small tree list per 300 square feet of landscaped area.

One shrub per 30 square feet of landscaped area.

All remaining required permanent landscape areas shall be covered with mulch, small shrubs, turf or groundcover, except for tree grates.

Landscaping Near Buildings. Trees near buildings and pedestrian walkways shall be pruned a minimum of nine feet in height to ensure safe clearance.

Landscape beds and planters shall be provided at building entrances and outdoor seating areas.

Planter styles and planting designs shall emphasize the site's architectural characteristics.

Intersections and Entryways. Landscaping shall be utilized at intersections of arterial and major collector streets and site entrances throughout the Mixed Use Zoned Districts.

These plantings will help to define major portions of the site and will create a gateway for the development.

The plant materials for these areas shall include large trees and shrubs, seasonal color, and small trees.

39.6

MINIMUM LANDSCAPING REQUIREMENTS FOR SINGLE-FAMILY AND DUPLEX DWELLINGS.

Trees Required.

No building permit shall be issued for a new single-family or duplex dwelling unless a site plan is submitted to the Building Official that denotes the planting of two (2) large trees, as defined in Approved Plant List (§ A-4), in the front yard and one in the rear yard of the lot, each tree having a minimum caliper of three (3) inches, measured (6) inches above grade, and being container grown. If the lot is on a corner, one (1) large tree must be shown to be planted within the exterior side yard. If the new structure is a duplex, one of the two trees needs to be planted in the front yard on one side of the duplex and the other planted on the other side of the duplex unit so that each dwelling unit has a tree. Furthermore, these trees must be planted before the final inspection.

Existing trees in the front and rear yard, or side yard on corner lots, which are at least three (3) inches in caliper measured 4.5 feet above grade, may be used to satisfy the requirement for trees. However, the existing trees must be shown on the site plan, for the Building Permit, with their caliper inch and species listed.

Removal of these trees by the new property owner, after the final inspection, shall not be a violation of this ordinance.

Foundation Planting.

Shrubs and other plants must be planted along the foundation facing the front street (excluding driveways and sidewalks) to screen the foundation. The plantings must be such that fifty percent (50%) of the foundation facing the street is screened from view (excluding driveways and sidewalks).

Shrubs chosen must be from the Approved Plant List (§ A-4).

Removal of these shrubs and other plants along the front facing foundation by the new property owner, after the final inspection, shall not be a violation of this ordinance.

Ground Cover or Grass. The entire lot, excluding driveways, walkways, sidewalks, flower beds, gardens, etc., shall be planted in grass or ground cover. Sod must be used for grass cover and must be applied in the front, side and rear yards.

Effective Date. The regulations contained in this section 39.6 shall not apply to platted lots within Single-Family subdivisions approved between September 1, 2003 and January 20, 2004 (the effective date of this amendment), until two years after the date the Final Plat for such subdivision was approved by the Commission.

39.7

MINIMUM LANDSCAPING REQUIREMENTS FOR NONRESIDENTIAL AND MULTIFAMILY.

For all nonresidential and multifamily parcels with less than two hundred fifty feet (250') of frontage adjacent to a dedicated public right-of-way, at least fifteen percent (15%) of the street yard shall be permanent landscape area, except for Mixed Use Zoned Districts provided below. Nonresidential and multifamily parcels having two hundred fifty feet (250') or more of frontage shall have at least twenty percent (20%) of the street yard in permanent landscape area (see illustration 13 for example), except for Mixed Use Zoned Districts provided below. The required landscaping shall consist of a mixture of plant materials consisting of grass and/or ground covers, plants, shrubbery and trees of a variety of sizes as approved on the landscape plan. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, a requirement of a minimum fifteen percent (15%) landscape area for the entire site, including a six hundred (600) square foot landscape area at appropriate intersection corners, which can be counted toward the fifteen percent (15%) requirement.

Enhanced Landscape Requirements for the Mixed Use-1 Districts (MU-1), Mixed Use-2 Districts (MU-2) and Mixed Use-Residential Districts (MU-R): The following requirements will apply within the Mixed Use-1 (MU-1), Mixed Use-2 (MU-2) and Mixed Use-Residential (MU-R) Districts.

Thirty percent (30%) of all required yards and open space shall be in permanently landscaped areas.

Hard-scaped elements shall not account for more than two-thirds of the minimum landscape area requirements.

A minimum ten-foot (10') landscape buffer (interior parkway) adjacent to the right-of-way of any major thoroughfare street is required, except for industrial and mixed use zoned districts provided below. Corner lots fronting two (2) major thoroughfares shall be required to observe the ten-foot (10') buffer on both street frontages. All other street frontages shall observe a minimum five-foot (5') landscape buffer. Developers shall be required to plant one (1) large tree per forty (40) linear feet or portion thereof of street frontage. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

Enhanced Landscape Requirements for the Light Industrial (LI) and Industrial (1) Districts: The following requirements will apply within the Light Industrial (LI) and Industrial (I) Districts.

A minimum twenty foot (20') landscape buffer (interior parkway) adjacent to the right-of-way of any arterial street or the portion of Centre Park Boulevard east of Hampton Road is required. Corner lots fronting two (2) arterials or Centre Park Boulevard east of Hampton Road shall be required to observe the twenty-foot (20') buffer on both street frontages. All other street frontages shall observe a minimum ten foot (10') landscape buffer. Developers shall be required to plant one (1) large tree per thirty (30) linear feet or portion thereof of street frontage. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

Arterial, major collectors and collector streets as defined in the City of DeSoto Transportation Design Manual and Adopted Thoroughfare Plans or proposed public mixed use roadways shall contain a minimum ten foot (10) landscaped parkway measured from back of curb with large street trees spaced thirty feet (30) on center. If due to utilities in the required ten foot (10) landscaped parkway and trees cannot be planted, then a ten foot (10) landscape buffer with trees spaced thirty feet (30) on center will need to be provided on private property adjacent to the right-of-way.

A minor waiver may be granted to place sidewalks and other hardscape in this parkway where existing right-of-way is insufficient to provide such facilities outside the landscaped parkway. Existing and proposed street in Section 39 tree credits are subject to the approval of Planning and Zoning Manager or designee.

Required street tree spacing may be altered at the time of Detailed Site Plan approval to preserve existing trees along all roadways.

Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area, except for industrial and mixed use zoned districts provided below. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) tree planted in the parking area for every ten (10) parking spaces within parking lots with more than twenty (20) spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

Enhanced Landscape Parking Requirements for the Light Industrial (LI) and Industrial (I) Districts: The following requirements will apply within the Light Industrial (LI) and Industrial (I) Districts.

Landscape areas within parking lots should generally be at least one parking space in size, with no landscaping area less than eighty (80) square feet in area. Landscape areas shall be no less than eight (8') wide and shall equal a total of at least sixteen (16) square feet per parking space. All other requirements with Section 37.C [Section 37] shall apply.

Enhanced Landscape Parking Requirements for the Mixed Use-1 Districts (MU-1), Mixed Use-2 Districts (MU-2) and Mixed Use-Residential Districts (MU-R): The following requirements will apply within the Mixed Use-1 (MU-1), Mixed Use-2 (MU-2) and Mixed Use-Residential (MU-R) Districts.

See Mixed Use Illustrative Guide pages 14 for examples.

Landscape areas within parking lots should generally be at least one parking space in size, with no landscaping area less than eighty (80) square feet in area. Landscape areas shall be no less than eight feet (8') wide and shall equal a total of at least sixteen (16) square feet per parking space.

100% of the frontage of parking lots, adjacent to the public right-of-way, shall be screened with evergreen shrubs attaining a minimum height of three feet, excluding areas used for driveways, sidewalks or other pedestrian connections.

Parking lots greater than 50 parking spaces shall be broken up with a minimum 10 feet wide landscape median between every other parking bay (see Illustration 33D-1). These medians shall include one large tree per 50 linear feet or one small tree per 25 linear feet.

A minimum 10 feet wide landscape island shall be provided at least every 10 stalls and include a minimum one large tree.

Parking lots greater than 50 parking stalls shall provide a minimum 10 feet wide landscape median on each side of major internal parking drives (see Illustration 33D-1). Major internal parking drives shall refer to those drives that have direct connections to public streets These medians shall include one large tree per 50 linear feet or one small tree per 25 linear feet.

A minimum 10 feet wide landscape islands shall be located at the terminus of each parking bay and include a minimum one large tree.

Parking aisles shall be arranged perpendicular to building entrance when possible.

The ground surface for all parking lot landscape medians and landscape islands shall be covered with mulch, turf, small shrubs or groundcovers.

All other requirements with Section 39.C [Section 39] shall apply.

All existing trees which are to be preserved shall be provided with a permeable surface under the existing dripline of the tree. All new trees shall be provided with a permeable surface under the dripline a minimum of four feet (4') by four feet (4').

At least seventy-five percent (75%) of the frontage of parking lots, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet (3') or a low masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall, except for mixed use zoned districts.

A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list, except for mixed use zoned districts. Small trees shall be used under existing or proposed overhead utility lines.

Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with city regulations.

Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet (5') shall be maintained between the edge of the parking area and the adjacent property line, except for mixed use zoned districts. Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet (10') shall be provided, (see Section 41 for additional screening wall requirements) planted with one large tree for each forty (40) linear feet or portion thereof of adjacent exposure, except for mixed use zoned districts. See Illustration 14, § A-6 for perimeter landscape area example.

All detention ponds shall be screened with a live, continuous screen of evergreen trees and shrubs. Landscaping shall be a minimum of two rows of plant materials such that a dense screen is created that will block the view of the pond and all concrete inlet and outlet structures from the view of motorists on city streets and from residential neighborhoods.

Detention ponds in Mixed Use Zoned Districts that are not naturalistic in appearance and are not intended to provide an amenity or park like feature, shall meet the requirements of Section 39.7I above.

Detention ponds in Mixed Use Zoned Districts that are naturalistic in appearance and are intended to provide an amenity or park like feature, shall not be required to meet Section 39.7I above,

If an industrial use abuts a residential land use and the two uses are not separated by a public street, then a sixty-foot (60') landscaping buffer with two rows of large trees, as defined in Approved Plant List (§ A-4), shall be required along the shared property line, see Illustration 17, § A-6. Tree rows shall be separated by a distance of thirty feet (30') from each other and be parallel to the property line. For each row, trees shall be planted at thirty-foot (30') intervals and be offset fifteen feet (15') from the other tree row. No outside storage or parking is allowed within the buffer area.

If existing trees provide screening at a density equivalent to the requirement in Section 39.7J, then existing trees shall be used to satisfy the landscaping buffer requirement.

If the sixty-foot (60') landscaping buffer encompasses more than twenty percent (20%) of either the lot width or depth, then the buffer may be reduced to ten percent (10%) of either the lot width or depth. However, the buffer shall not be less than the side or rear setback of the applicable industrial zoning district.

As stated in Sections 33A.4C.7.b, 33B.4C.7.b and 33C.4C.7.b, in addition to the provided rear and side yards, an additional 10 feet landscape buffer and a solid masonry screening fence is required for all tracts of land adjacent to non MU-1, MU-2 and MU-R residential uses that cannot meet the requirements of Sections 33A.4C.7.a, 33B.4C.7.a and 33C.4C.7.a. The required additional 10 feet landscape buffer shall:

Be free of parking surfaces and buildings.

Provide 1 large tree as defined in Approved Plant List (§ A-4) per fifty linear feet,

Provide 1 small tree as defined in Approved Plant List (§ A-4) per twenty-five linear feet,

Provide 1 five gallon large shrub as defined in Approved Plant List (§ A-4) per five linear feet.

Acceptable plant material is described under the DeSoto Zoning Ordinance, Section 39 and § A-4, Approved Plant List, City of DeSoto.

39.8

TREE MITIGATION.

Purpose. The purpose of Tree Mitigation and of this subsection 39.8 is to promote tree preservation by discouraging clearcutting and encouraging mitigation, while balancing the rights of property owners with the interests of the community; to contribute to the long-term viability of existing trees through their protection during construction or land disturbing activities; to reduce noise, heat and glare, and air pollution; to prevent soil erosion; to provide for shade and open space; to increase the value of residential and commercial properties within the City; and to maintain and enhance a positive image to attract new residences and business enterprises to the City. The provisions herein shall not be interpreted to prohibit or unduly inhibit development of private property.

Tree Removal Mitigation Permit.

A Tree Removal Mitigation Permit must be submitted to the Planning Division and acted upon by the Planning Manager before a set of Civil Plans can be submitted to the City as part of the subdivision (platting) review process, or prior to submitting a building permit for new multifamily or nonresidential development; or expansion of an existing multifamily or nonresidential building by fifty percent (50%) or more of the existing square footage.

The Planning Manager will review the permit and have the ability to approve, approve with conditions or deny in accordance with this Section. The Planning Manager shall act on the application within thirty (30) calendar days of the date a complete application is submitted.

Any and all mitigation fees shall be paid prior to a Final Plat being recorded.

An appeal of the Planning Manager's decision to the City Council shall stay final action on the associated plat documents or building permit application. Denied applications may be appealed to the City Council within ten (10) calendar days from the date the permit was denied. Council shall hear the appeal within sixty (60) calendar days after the appeal is received. The action of City Council shall be final.

Any Tree Removal Mitigation Permit granted by the Planning Manager shall expire one (1) year after the date it was approved. Any tree not removed within this one (1) year period will no longer be deemed approved for removal. All tree fragments must be removed immediately after tree removal or risk violation of the City's Zoning Ordinance. Any permit shall be void if its terms are violated.

Exceptions. The following tree removal activities are exempt from the regulations of this Section:

Property platted prior to the adoption of this ordinance that does not contain structure(s).

Lots that contains a single-family, duplex, or single-family attached dwelling that is the person's residence.

Applications for a replat or amended plat.

Removal of trees by a plant and or tree nursery, grown for commercial sale, on property owned or operated.

Removal of trees determined by a qualified professional to be in a hazardous, dangerous, or diseased condition so as to endanger the public health, welfare or safety.

Tree removal actions deemed necessary in accordance with public safety personnel during a period of emergency such as tornado, storm, flood, or other acts of God.

Tree pruning solely for the purpose of removing diseased limbs or to shape for aesthetic or safety purposes.

City of DeSoto projects (e.g. Capital Improvement Projects, parks, and trails).

For existing franchise utilities, state and municipal entities, removal of trees that are interfering with or encroaching upon and/or damaging utilities, infrastructure, or structures, or are creating a safety hazard, as well as for general maintenance.

10.

Trees located within the proposed right-of-way, visibility triangles, utility easements, or drainage facilities (easements and detention ponds), or anything that will be dedicated to the City per City approval.

11.

Trees located within a proposed residential pad site for single-family development.

12.

A Tree survey shall be required for clearing land for agricultural purposes; however, if no mitigation shall be required unless it is determined that the land was not put into agricultural use after one (1) year, the person responsible for having the trees removed shall mitigate these trees as provided herein.

Tree Removal Mitigation Permit Requirements. A Tree Removal Mitigation Permit application must include the following:

Attend a pre-development meeting with City staff prior to submittal to review requirements.

Completed and signed application (including legal description and location map) and fee of $25.00.

Tree Survey: Must be prepared, signed, and stamped/sealed by a qualified professional and drawn to an engineering scale consistent with that of the associated plat (if applicable), which includes the following:

The boundaries of the entire parcel proposed for development, except for areas denoted as non-disturbance areas and all exempt areas, including the location of all existing or proposed lots and structures; and improvements such as streets, alleys, grade changes, and easements.

Identification of each tree greater than ten (10) caliper inches and tag number, with an X over those proposed to be removed.

(1)

Trees are to be represented on the tree survey by identifying the furthest dripline of each tree.

(2)

Trees to be preserved will be represented by a solid circle.

(3)

Trees to be removed are to be represented by a dashed circle.

Tree Inventory Table: A table will be included listing all surveyed trees by number provided on the tag of each tree, species, size, health condition, whether to be removed or preserved, and a brief narrative denoting why the tree is being removed (if applicable). This information must be compiled in a tabular format with each tree identified by a sequential number corresponding to a numbered tree on the survey.

If a non-disturbance area has been identified and protected as provided herein, no further survey of trees in that area is required.

Mitigation for Trees Removed on Site. It is the desire of the City that as many trees as possible be preserved and protected on site.

Protected Trees shall be replaced by planting trees on the property equal to the total caliper inches as calculated using the following replacement rate:

Size of Protected Tree	Mitigation Ratio (in caliper inches)
Less than 10"	No mitigation
10" to 18"	1:1
18" to 25"	2:1
Greater than 25"	3:1

Tree Credits: If any protected tree is preserved outside of the non-disturbance area, credit for preservation shall be given that will be counted toward the mitigation requirements for the removal of protected trees within the buildable area.

Any tree that is preserved and receives positive credit towards mitigation is exempt from being used to fulfil required landscaping.

Following is a list of credits available for the preservation of protected trees on a site or project. Tree Credits will be awarded using the following table:

Caliper Size Tree	Positive Credits*
6" to 10"	1:1
10" to 18"	3:1
18" to 24"	4:1
Greater than 24"	5:1

*	(1 credit is equal to on 3" caliper tree)

A landscape plan must be submitted indicating size, type, and location of replacement trees, with a planting schedule, time of completion, and stating who will be responsible for planting of the trees. The replacement trees must be chosen from the large tree list found within the Approved Plant List of the City of DeSoto Zoning Ordinance (§ A-4). The replacement trees must have a minimum caliper of three (3) inches measured six (6) inches above grade. All trees planted must be provided with an irrigation system approved by City staff.

An extension for the planting of trees may be granted by the Planning Manager because of seasonal weather concerns.

A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the Tree Removal Mitigation Permit.

Planting Replacement Trees on Public Property. If the applicant determines there is no space available for some or all of the replacement trees on the lot or tract the trees were removed from, the replacement trees may be planted on public property owned by the City of DeSoto, in locations approved by Parks and Recreation Services. All trees planted on City property must be provided with an irrigation system.

Paying Mitigation Fees. Caliper inches removed that are not mitigated with either planting of replacement trees on site or planting trees on public property, must be mitigated by paying a fee of $150 per caliper inch, with a maximum total mitigation cost of $10,000 per acre of the development. The fee must be paid prior to obtaining any building permits for the site. This fee will be used by the City to plant trees in street ROW, parks and other public spaces.

Trees Preservation. Protected trees which are not required to be removed or have been identified on the tree survey plan to be preserved, must be protected under the following conditions, prior to the commencement of construction:

Install protective fencing prior to the commencement of any site preparation work (clearing, grubbing or grading) and shall be maintained though all phases of the construction. This fencing shall completely surround the tree or cluster of trees and placed at the outermost limits of the tree branches (dripline) or CRZ, whichever is greater.

Install fencing to separate or protect non-disturbance areas.

Pruning to provide clearance for structures, vehicular traffic, and construction equipment.

No movement or storage of large equipment, or cleaning of equipment and material under the canopy of any Protected Tree or trees to remain; and no disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any Protected Tree(s).

All grading within protected root zone areas shall be done by hand or with small equipment to minimize root damage.

Water the trees most heavily impacted by construction activities deeply a minimum of once a week during period of hot, dry weather. Tree crowns are to be sprayed with water periodically to reduce dust accumulation on leaves.

39.9

SIGHT DISTANCE AND VISIBILITY. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three (3) and six feet (6). Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:

The areas of property on both sides of the intersection of an alley access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.

The areas of property located at a corner formed by the intersection of two (2) or more public rights-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides. (See Illustration 12, § A-6 also).

Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any accessway pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Planning and Zoning Manager, the requirements set forth herein may be reduced to the extent to remove the conflict.

39.10

MAINTENANCE.

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not to be limited to, mowing (of grass of six inches (6") or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured twenty-four inches (24") above the ground. A time extension may be granted by the Planning and Zoning Manager if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

Failure to maintain any landscape area in compliance with this section is considered a violation of this Section and may be subject to penalties of Section 48.

(Ordinance 417 as amended through 2/7/2017; Ordinance 2252-21 adopted 11/2/2021; Ordinance 2446-25 adopted 8/5/2025)

SECTION 40 ACCESSORY BUILDING AND USE REGULATIONS

40.1

In a single-family or multifamily district, an accessory building is a subordinate or incidental building, detached from the main building, not used for commercial purposes and not rented.

40.2

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence.

40.3

Accessory dwelling units in the A, SF-CE and SF-E Districts shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and meet the following standards:

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.

The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.

Setback requirements shall be the same as for the main structure.

Accessory dwellings are not permitted without the main or primary structure.

40.4

Accessory dwellings and units constructed over a garage are permitted by SUP in accordance with the Use Charts, Section 36 and shall conform to the height limitations of the main structure.

40.5

AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND MULTIFAMILY DISTRICTS.

Size of Yards.

Front Yard: Detached accessory buildings shall be prohibited in front of the main building.

Side Yard: There shall be a side yard not less than three feet (3') 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 (10'). In the case of an accessory building being closer than ten feet (10') 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 fifteen feet (15'). Garages or carports located and arranged so as to be entered from the side yard shall have a minimum distance of twenty feet (20') from the side lot line, alley line, or alley 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.

Rear Yard: There shall be a rear yard not less than three feet (3') from any lot line or alley line, or alley easement line, except that; a) if no alley exists, the rear yard shall be not less than ten feet (10') as measured from the rear lot line; b) where apartments are permitted, the main building and all accessory buildings shall not cover more than sixty percent (60%) of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line; c) carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten feet (10') to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building; d) accessory buildings constructed ten feet (10') or more from the main building shall have a rear yard of three feet (3'). If an alley exists, accessory buildings may be located within three feet (3') of a rear lot line if the height of the building is no greater than eight feet (8') 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; e) garages or carports arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of twenty feet (20').

Carports shall be designed or used to shelter not more than three (3) vehicles and not to exceed twenty-four feet (24') on its longest dimension. The maximum overhang of the roof beyond the supports shall be four feet (4') in all directions. Carports shall be located in the rear yard behind the house, so that they are visible from the street. If there is no room to accommodate the carport in the rear yard behind the house, the carport shall be placed in the rear yard along the side property and facing the street. However, the carport must be set back from the rear of the house the same distance as the required front setback for the zoning it is in. If the lot is a corner lot, the carport must be placed in the rear yard, but must be located the same distance from the inside rear corner of the house as the front setback for the zoning it is in. This measurement is made from the inside rear corner of the house toward the interior side property line. In addition, the carport must be located the distance of the front setback from the rear of the house as well. This measurement is made from the furthest portion of the house into the rear yard to the rear property line.

Accessory buildings are not permitted without a main structure.

No accessory building shall exceed two hundred forty (240) square feet. Accessory buildings over two hundred forty (240) square feet may be permitted by SUP and shall meet all of the requirements (setbacks, construction, etc.) set forth for the main or primary structure. Barns over two hundred forty (240) square feet on three (3) acres or more are permitted by right.

Enclosed detached garages for the purpose of meeting the minimum parking requirements shall not exceed four hundred eighty square feet (480 s/f). Garages over four hundred eighty square feet (480 s/f) may be permitted by SUP and shall meet all requirements set forth for the main or primary structure.

All accessory buildings shall not exceed one story in height. Garage apartments are allowed up to two (2) stories in the A, SF-CE and SF-E Districts. Garage apartments up to two (2) stories may be permitted in certain Districts (see Section 36) by SUP if there is no adverse impact on adjacent properties.

Metal accessory buildings less than two hundred forty (240) square feet are permitted but shall not be used as an enclosed parking area or garage.

(Ordinance 417 as amended through 2/7/2017)

SECTION 41 FENCING, WALLS, AND SCREENING REQUIREMENTS

41.1

PURPOSE. To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

41.2

SCREENING OF NONRESIDENTIAL, MULTIFAMILY AREAS AND MOBILE HOME PARKS.

In the event that mixed use, multifamily, nonresidential uses, or mobile home parks side or back upon a SF, 2F, or Residential PD District, or in the event that any nonresidential district sides or backs to a MF District, a solid brick or masonry screening wall of not less than six feet (6') nor more than eight feet (8') in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

The owner of the multifamily or mixed use property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses.

When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

Alternative equivalent screening may be approved through the site plan approval process, Section 42.

All required screening walls shall be equally finished on both sides of the wall.

Open storage of materials, commodities, or equipment (see Section 36 Zoning Districts permitting outside storage) shall be screened with a minimum six-foot (6') fence or wall. See § A-3 for definition of outside storage.

Screening Exception:

Unscreened open storage is only permitted within the rear yard of properties within the Industrial (I) District and is not permitted within side yards or within sixty feet (60') of a residential use.

For businesses that have tractors and trailers (18 wheelers) that are stored on site, tractors and trailers must be screened from view along any adjoining streets. Screening along property lines that do not adjoin a street will not be required.

Screenings must consist of a masonry wall (or alternative materials provided in Section 41.2D.), that must be at least eight feet (8) in height. A screening wall less than eight feet (8) is allowed only if trucks and trailers can still be completely screened from view. However, in no event shall such screening wall be less than six feet (6) in height. In addition, trees of the large tree variety must be planted on the street side of the masonry wall so that there is one (1) tree for each thirty (30) linear feet along the area used for storage.

In districts permitting open storage, screening shall be required only for those areas used for open storage, unless the screening exception in Section 41.2C applies. A six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

Solid Masonry (brick, concrete block or concrete panels).

Chainlink with solid landscape screening.

Wrought iron with solid landscape screening.

Alternate equivalent screening may be approved through the site plan approval process under Section 42.

No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a Specific Use Permit. No outside storage permitted in the front yard.

Refuse storage areas, not within a screened rear service area which are visible from a public right-of-way for all nonresidential, multifamily and mobile home park uses shall be visually screened by a six-foot (6') solid masonry wall on all sides except the side used for garbage pickup service, such side shall provide a gate (see Illustration 11, § A-6 for gate design). Alternate equivalent screening methods may be approved through the site plan approval process, Section 42.

All nonresidential uses shall screen all mechanical, heating and air-conditioning equipment from public view and/or adjacent residential property. Public view is considered any area which can be seen from a public street.

Barbed wire fences or barbed wire used in fences or walls is not permitted in the O-1, O-2, NS, or GR zoning districts. Barbed wire fences or barbed wire used in fence or walls is permitted in the C-1, C-2, LI and I zoning districts. However, the use of barbed wire is not permitted in the front yard or exterior side yard in any of these districts.

In cases where a fence or wall is being placed adjoining a required landscape buffer and landscaping, the fence or wall must be on the inside of the landscape buffer, such that the landscaping is between the road and the fence or wall.

41.3

FENCES IN RESIDENTIAL AREAS.

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

Except as provided by Subsection C. below, no fence or wall shall be permitted in front of any single-family or duplex structure except platted lots within the Single-Family Estate District and Agriculture District where the fence may be constructed to the front property line. No fence shall be erected in any front yard or side yard which is adjacent to a public street. No residential fence shall be closer than twenty feet (20') to a public street except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard.

Decorative fences with openings not less than fifty percent (50%) of the fence area and not exceeding three feet (3') in height are permitted in front yards. Chainlink, woven wire mesh or similar materials are not considered decorative fencing.

Security fences with openings not less than eighty percent (80%) of the fence face area may be permitted in the front yard of any residential zoning district, where the platted lot area is one acre or greater and the width of the lot at the setback line is at least one hundred and fifty feet (150'). In addition, the house must be setback from the front property line at least fifty feet (50'). A security fence can be up to eight ft (8') in height. Security fences along the front property lines and along the interior side yard lines may be allowed, however, on corner lots sight visibility must be maintained. Security fence gates must be inset from the property line a distance of twenty feet (20') to allow a vehicle to clear the roadway and must be equipped with a Knox-Box to allow emergency personnel and emergency vehicles access to the property. Security fences must be of wrought iron or tubular steel. Chainlink, woven wire mesh, barbed wire or similar materials will not be permitted for security fence applications.

All fences require permits.

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over three (3) acres in size.

Gates designed for vehicular access shall be set back from the property line a minimum of twenty feet (20').

Fences around swimming pools shall comply with the City of DeSoto's adopted building code.

See Section 43.8 for sight visibility requirements.

Special fencing, such as fencing around tennis courts, is permitted.

No Chainlink fencing shall be allowed in residential areas, except that they shall be allowed in locations that are not visible from any public street.

In cases where the rear of residential lots or any alley adjoin a street, the developer must construct a six foot (6') high masonry screening wall adjacent to roadways, within a five foot (5') wide maintenance easement. In cases where there will be an alley to the rear of the residential lots, which will adjoin the street, the masonry wall needs to be constructed on the outside of the alley Rights-or-Way, adjacent to the street. This wall must be constructed prior to the acceptance of the subdivision. The screening wall must be on the inside of any required landscaping, such that the landscaping is between the street and the wall. This wall must be owned and maintained by the HOA.

41.4

FENCES AND WALLS IN MIXED USE DISTRICTS.

In order to promote a pedestrian-oriented development, exterior security fences that are located along public streets, along private streets or walkways that are publicly accessible through a public easement, or along publicly accessible open space shall not extend beyond building facades.

A maximum 3 feet high seat wall or a maximum 3 feet high small fence may be used to enclose outdoor spaces such as plazas or cafe seating and may extend beyond the building facades.

All service areas and dumpster sites shall be screened in accordance with the requirements in Section 33D.6, "Refuse Facilities."

Walls, fences and screening applications shall help to define the site's architectural characteristics with similar form, color, materials, shape, scale, and logos.

Mechanical equipment on roof tops shall be screened from view for a person standing on the sidewalk on the far side of an adjacent public street.

(Ordinance 417 as amended through 2/7/2017)

SECTION 42 SITE PLAN REVIEW

42.1

SITE PLAN REVIEW.

Purpose. This section establishes a site plan review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.

Applicability. Site plan review and approval shall be required for the following:

Any nonresidential development.

Any multifamily development or mobile home park.

Any development with two (2) or more buildings per platted lot.

Any Planned Development or Specific Use Permit. (Public hearings may also be required, see Sections 34 and 35.)

No building permit shall be issued for any of the above developments unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with a Planned Development or SUP.

Exemptions and Exceptions. Site plan review shall be conducted through the Building Inspection Department for any detached one or two dwelling unit buildings or any accessory uses incidental thereto, except as provided in Subsection B.4 above.

Site Plan Details. The site plan shall contain sufficient information relative to site design considerations, including but not limited to the following:

Location of proposed building(s) and structures

On- and off-site circulation (including truck loading and pickup areas) and fire lanes

Parking

Grading

Landscaping design

Placement of utilities

Screening

Engineering for streets and utilities

Drainage

10.

Building elevations

Provision of the above items shall conform to the principles and standards of this ordinance. To ensure the submission of adequate site plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for site plan review applications. Upon periodic review, the Planning and Zoning Manager shall have the authority to update such requirements for site plan details.

Supplemental Requirements. The staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based on such information.

Principles and Standards for Site Plan Review. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of DeSoto. The City staff shall review the site plan for compliance with all applicable Ordinances and the Plan; for harmony with surrounding uses and the overall plan for development of the City of DeSoto; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

Based upon its review, the staff may approve, conditionally approve, request modifications, or deny the site plan based on evaluation of the site plan details with respect to:

The site plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of DeSoto including but not limited to off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the City of DeSoto.

The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and (2) to complement the design and location of buildings and be integrated into the overall site design.

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.

10.

The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

11.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

12.

Protection and conservation of water courses and areas subject to flooding.

13.

The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.

42.2

APPROVAL PROCESS.

The Planning and Zoning Manager or designee shall review and approve, approve with conditions, or deny all site plans except for PD, SUP or other districts requiring public hearings. Any decision on a site plan with which the applicant disagrees may be appealed to the Planning and Zoning Commission.

The city staff shall place the site plan on the regular agenda of the Planning and Zoning Commission within thirty (30) days after the request for appeal. If recommended for approval by the Planning and Zoning Commission, the site plan shall be deemed approved by the City. If the site plan is recommended for denial by the Planning and Zoning Commission, the applicant must request the site plan be placed on the City Council's agenda. The City Council shall have final approval or disapproval on all site plans which are appealed.

Effect of Site Plan Approval. If development of a lot with an approved site plan has not commenced within one year of the date of final approval of the site plan, the site plan shall be deemed to have expired. Said review and approval shall be evaluated according to the standards Section 42.1F above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Planning and Zoning Manager shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of a City Council approval.

(Ordinance 417 as amended through 2/7/2017)

SECTION 43 SUPPLEMENTAL REGULATIONS

43.1

All setback measurements shall be made in accordance with Illustrations 6, 7, and 8, § A-6.

43.2

FRONT YARD.

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see Illustration 9, § A-6).

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 district for the entire frontage (see Illustration 3, § A-6).

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 four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard (See Illustration 4, § A-6).

(Reserved for future use)

Gasoline service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. Pump islands for a gasoline filling station may extend beyond the front building line but shall not be closer than fifteen feet (15') to any property line not adjacent to a public street provided that other requirements of this ordinance are met.

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, side, or rear yard shall be measured from the future right-of-way line.

All residential structures (homes) shall face the front of the lot.

In cases where the lot is a corner lot, where the two adjoining lot lines are of equal length, the front of the lot shall be considered along the more minor of the two streets. If both streets are of the same classification the home is allowed to face either street. The street the house fronts onto will be considered the front of the lot or the front yard.

43.3

SIDE YARDS.

(Reserved for future use)

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

43.4

SPECIAL HEIGHT REGULATIONS.

In the districts where the height of buildings is restricted to two (2) or two and one-half (2-1/2) stories, cooling towers, and antennas may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.

Amateur radio antennas and other transmitting and receiving devices of microwave reflectors or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners.

43.5

RADIO, TELEVISION AND MICROWAVE TOWERS. No radio, television or microwave tower or antenna for a commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure. Although a tower can be located on a residentially zoned property with a Specific Use Permit, it must be located a distance from adjoining property equal to the height of the tower, plus 10% of the tower height. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence. (Revised May 6, 2008 Ordinance 1781-08)

43.6

MINIMUM DWELLING UNIT AREA. Minimum dwelling unit areas specified in this ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

43.7

OPEN STORAGE AREAS. Open storage of materials, commodities or equipment shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display).

43.8

SIGHT VISIBILITY. Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three feet (3') or higher above the street center line obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions. (See Illustration 12, § A-6).

At an intersection with an alley, this clearance must be maintained for ten feet (10'). (See Illustration 12, § A-6)

Shrubs and hedges three feet (3') or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.

43.9

SPECIAL AREA DEVELOPMENT STANDARDS.

The following requirements and standards apply only to:

Property which is adjacent to the north side of Wintergreen Road between Kestral Avenue and the intersection of Wintergreen Court and Ranch Valley Drive, excluding all property within Grimes Park.

All buildings adjacent to Wintergreen Road shall have a minimum setback of fifty feet (50').

All loading and receiving areas shall be completely screened from public view by one or a combination of the following:

Screening with live plant materials which attain a height of at least six feet (6') in three years. Where screening plants do not completely screen trucks, a combination of screening plants and trees shall be used as shown in Illustration 16, § A-6. Only materials in § A-5 shall be considered.

A combination of brick screening wall, wing walls and landscaping in accordance with Illustrations 15 and 16.

Screening with berms and live plant material.

Loading docks and receiving doors or areas shall not face Wintergreen Road.

No loading dock or receiving area shall be within one hundred feet (100') of Wintergreen Road, regardless of the direction the loading docks or receiving areas face.

No parking for heavy load vehicles shall be permitted in the front yard.

In addition to the landscape requirements specified in Section 39.7B, the landscaped area adjacent to Wintergreen Road shall be a minimum twenty-five feet (25').

Along the Wintergreen Road frontage, no more than one (1) curb cut per one hundred fifty feet (150') of frontage shall be allowed. Shared access shall be used where lots have less than 150 feet of frontage. If shared access is not possible, an additional curb cut may be allowed upon approval of a site plan by the Planning & Zoning Commission.

43.10

TATTOO AND BODY PIERCING STUDIOS.

All Tattoo and Body Piercing Studios shall be located a minimum of 300 feet from any church, public hospital, daycare center, residentially-zoned district, or public or private school. This distance shall be measured in a direct line from the front door of the Tattoo or Body Piercing Studio to the nearest property line of the church, public hospital, public or private school, daycare center or to the closest residential district boundary line and across intersections.

Facilities that offer tattooing and body piercing must be licensed by the State of Texas. Proof of licensure must be provided prior to receiving a certificate of occupancy.

43.11

PERMANENT COSMETIC APPLICATION.

Facilities offering permanent cosmetic application services must be licensed by the State of Texas. Proof of licensure must be provided prior to receiving a certificate of occupancy.

43.12

PUBLIC ENTRY FEATURES. Public entry features shall be permitted in any Zoning District provided that the maximum height of any monument or other similar structure does not exceed the maximum height of the district in which the entry feature is located. In addition, a monument with a maximum height of seventy feet (70') shall be permitted at the southwest corner of Pleasant Run Road and N. I-35 E, and a monument with a maximum height of forty feet (40') shall be permitted on Pleasant Run Road at the main entry into the Town Center development. Public entry features may consist of monuments, landscaping, walkways, walls and other similar types of improvements. This section applies to public entry features, only, and does not apply to private development.

43.13

SMALL WIND ENERGY SYSTEMS. Small wind energy systems will be permitted in all zoning districts subject to the following requirements:

Small wind energy systems would be permitted in any zoning district with an SUP.

A maximum of one wind energy system shall be permitted on any lot.

Any wind energy structure, including tower and rotor shall be a maximum of sixty-five feet (65) in height.

All wind energy structures, including tower and rotor, shall have a minimum clearance from any property line, right-of-way, structure, power line or other improvement of 1.5 times the height of the wind energy structure.

A maximum noise level of 56dB shall be permitted at the property line.

All wind energy systems would require approval of a building permit.

All components of a wind energy system shall be secured by fencing or locks to prevent unauthorized access.

All towers shall be designed so that step bolts or ladders are not accessible to the public for a minimum height of twelve feet (12).

No signs, lights, guy wires or other attachments shall be attached to the wind energy system other than minimal warning signs or as required by law.

All wind energy systems will be maintained in good operating condition. Paint or exterior finish shall be maintained as originally applied by the manufacturer.

43.14

TEEN CLUB SECURITY REQUIREMENTS. Any teen club established within the City must provide security as required in Section 4.1402 of the City of DeSoto Code of Ordinances.

43.15

SUBDIVISION ENTRY FEATURE (TOWER). Towers constructed in conjunction with a subdivision entry features shall not exceed a maximum height of twenty-five feet (25) and a maximum diameter or base measurement grade of ten feet (10). The tower must have a minimum setback of 10 feet from the adjoining property line. Any exterior construction material shall be consistent with the subdivision's proposed wall or entry feature and shall be limited to approved masonry materials. The height and base measurements may be increased at a rate of one foot (1) in height and/or one foot base width for each additional two feet (2) that the tower is set back from the required 10 foot setback, up to a maximum height of thirty feet (30) and maximum base width of fifteen feet (15).

43.16

MANUFACTURED HOMES.

The owner of a manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. The owner is restricted to a one time replacement. If the manufactured home is sold to a new owner, the new owner is allowed a one time replacement as well.

An owner of a legal nonconforming manufactured home, which is damaged by fire or a natural disaster in excess of sixty percent (60%) of its value, can replace the manufactured home as provided in Subsection A above. This replacement will not count towards the one time replacement.

43.17

BED AND BREAKFAST INN OR FACILITY. Bed and Breakfast facilities shall be subject to the following limitations:

Bed and breakfast services are clearly incidental and secondary to the use of the dwelling for dwelling purposes, and should not change the character thereof.

The maximum length of stay for any guest shall be fourteen (14) consecutive days in any calendar month.

A maximum of five (5) guest bedrooms may be rented unless approved by City Council after finding the structure and site are of sufficient size to permit more bedrooms and the same will not adversely impact the surrounding properties.

Breakfast shall be the only meal served to paying overnight guests and shall be served to overnight guests only.

No cooking facilities are permitted in any bedroom.

One (1) attached sign not to exceed four (4) square feet in area on the premises and which shall not include the words "hotel" or "motel".

The structure must maintain a residential character if located in other than a residentially zoned district.

43.18

INDOOR SPORTS FACILITY SECURITY REQUIREMENTS.

Any sports facility (indoor) established within the City must provide security as required in the City of DeSoto Code of Ordinances, Section 4.1500.

43.19

ACCESSORY RETAIL OR SERVICE (INCIDENTAL IN OFFICE DISTRICTS).

Incidental retail uses shall not occupy fifteen percent (15%) or more of floor area of the main use in an office district.

43.20

KIOSK.

A kiosk shall have a maximum floor area of one hundred (100) square feet. If a kiosk is to be occupied, it shall have a minimum floor area of fifty (50) square feet.

43.21

DALLAS COUNTY HOUSING REPLACEMENT PROGRAM REGULATIONS.

For existing one-family dwellings located in the Wintergreen Estates that are substandard or dilapidated such that habitation thereof is unsafe or unsecure, but which may be demolished or removed and thereafter reconstructed through the use of funds made available through the Dallas County Replacement Housing Program for that purpose, the minimum living area of each one-family dwelling may be 1,000 square feet, with no garage required (two parking spaces are required in the driveway). Furthermore, no landscaping shall be required as set forth in Section 30 "Landscaping Requirements."

43.22

DISTANCE REQUIREMENTS FOR BEER AND WINE PACKAGE SALES ESTABLISHMENT.

No person may sell alcoholic beverages if the place of business is within three hundred feet (300) of a church, public or private school, or public hospital.

For the purposes of this section, "private school" means a private school, including a parochial school that offers a course or instruction for students in one or more grades from kindergarten through grade 12 and has more than 100 students enrolled and attending courses at a single location.

The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of street fronts and from front door to front door, and in direct line across intersections.

The measurement of the distance between the place of business where alcoholic beverages are sold, and public or private schools shall be:

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

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

43.23

ENTERTAINMENT VENUE SECURITY REQUIREMENTS. Security shall be provided for an Entertainment Venue as provided in Section 4.1700 of the City of DeSoto Code of Ordinances.

43.24

CIGAR LOUNGE. A cigar lounge must be constructed in a manner so that the smoke is contained and does not seep out of the cigar lounge and infiltrate adjoining lease spaces or businesses. Smoke vented to the outside must go through a filtration system so that the smell of smoke is not present outside of the adjoining lease spaces or businesses.

43.25

COMMUNITY HOMES. Community Homes shall be subject to the following limitations:

Not more than six (6) disabled persons, regardless of their legal relationship to one another, and two (2) supervisory personnel may reside in a Community Home at the same time;

A Community Home shall provide the following services to the disabled residents: food and shelter, personal guidance, care, habilitation services, and supervision;

The residents of the Community Home may not keep, on the premises of the home or on the public rights-of-way adjacent to the home, more than one (1) motor vehicle per bedroom for the use of the residents of the Community Home;

A Community Home must meet all applicable licensing requirements under State law; and

A Community Home may not be established within one-half (1/2) mile of a previously existing Community Home."

43.26

ELECTRONIC CIGARETTE AND SMOKING PARAPHERNALIA ESTABLISHMENTS. Electronic cigarette and smoking paraphernalia establishments shall be subject to the following limitations:

No person may sell electronic cigarettes or smoking paraphernalia if the place of business is within 1,500 feet of an existing electronic cigarette or smoking paraphernalia establishment.

No person may sell electronic cigarettes or smoking paraphernalia within 1,000 feet of a residential district, public or private school, public or private child-care facility, place of worship, or public or private university or college. This distance shall be measured in a direct line from the front door of a electronic cigarette or smoking paraphernalia establishment to the nearest property line of the residential district, public or private school, public or private child-care facility, place of worship, or public or private university or college.

43.27

SMALL DISCOUNT VARIETY STORES. Small variety stores will require the approval of a Special Use Permit by the City Council and will only be permitted in the following zoning districts: Neighborhood Service, General Retail, Mixed Use-1, and Commercial-1.

A small discount variety store shall not be permitted within two miles from an existing small discount variety store.

A minimum of 10% of the floor area of a small discount variety store must be dedicated to fresh produce, meat, and/or dairy products."

(Ordinance 417 as amended through 2/7/2017; Ordinance 2248-21 adopted 10/19/2021)

SECTION 44 PERFORMANCE STANDARDS

44.1

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by County, State, or Federal agencies. All uses, including those which may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.

44.2

All Federal and State pollution, noise, and requirements for toxic waste disposal shall be observed.

44.3

NOISE.

Definitions.

A-Weighted Sound Level means the sound pressure level in decibel as measured on a sound level meter using the A-weighing network. The level so read is designated dB(A) or dBA.

Background Noise means noise from all sources other than that under specific consideration including traffic operating on public thoroughfare, and is established by measuring the noise level over an eight minute period of time.

Bounding Lot Line means the far side of any street, alley, stream, or other permanently dedicated open space from the stationary source when such open space exists between the lot line of the stationary source and adjacent property. When no such open space exists, the common line between two pieces of property shall be interpreted as the bounding lot line.

Daytime means the hours between 7:00 a.m. and 8:00 p.m. on any given day.

Decibel (dB) means a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 Micronewtons per square meter).

Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Sound means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI SI.4-1971, or the latest approved revision thereto). If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound Level Meter means an instrument which includes a microphone amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.

Sound Pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

10.

Sound Pressure Level means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibel.

11.

Time Weighted means an established period of time during which the sound pressure levels are averaged.

General Provisions.

A person shall not conduct a use that creates a noise level that exceeds the standards established in this section.

A sound level meter that meets the standards of the American Standards Association must be used to determine whether a noise level violates a noise standard in this section. The instrument must be maintained in a good working condition. A calibration check should be made prior to and following any noise investigation.

Traffic, aircraft, and other background noises are not considered in measuring noise levels except when such noises are being generated on and as a result of the uses of a property being investigated for a potential noise violation.

For purposes of this section, identifiable portions of a Planned Development District (PD) used for residential uses shall be treated as a residential zoning district. Identifiable portions of a Planned Development District (PD) used for nonresidential uses permitted in all nonresidential districts except Heavy Commercial (C-2), Light Industrial (LI) and Industrial (I) shall be treated as a nonresidential district. Identifiable portions of a Planned Development District (PD) used for uses allowed only in Heavy Commercial (C-2), Light Industrial (LI) and Industrial (I) shall be treated like an Industrial/Heavy Commercial district.

The requirements of this section do not apply to:

Noises coming from daytime construction and maintenance activities performed on structures housing legal uses.

Noises from safety signals, warning devices or other sound generating equipment used to warn the public of an emergency or for public safety.

Lawn maintenance, repair of personal vehicles, and home repair of places of residences as long as these activities are conducted in the daytime hours as a normal function of a permitted use and the equipment is maintained in proper working order.

Maximum Permissible Sound Pressure Levels. At no point at the bounding property line of any use shall the sound pressure level of any operation or activity exceed the standards specified in the following table.

Zoning District	Maximum Permissible daytime Decibel Limit at Bounding property Line	Maximum Permissible daytime Decibel Limit at nearest Specified Zoning District Line
Uses located in Residential Districts (A, SF-CE, SF-E, SF-20 through SF-8, 2-F, SF-A, MF, MH)	56 dBA	56 dBA
Uses located in Nonresidential Districts, excluding Industrial/Heavy Commercial Districts (O-1, (O-2, NS, GR, C-1)	63 dBA	56 dBA at residential zoning district boundaries, 63 dBA at nonresidential Districts excluding Industrial Districts.
Uses located in Industrial or Heavy Commercial Districts (C-2, LI, I)	70 dBA	56 dBA at residential zoning district boundaries, 63 dBA at nonresidential Districts excluding Industrial Districts.
Planned Development Districts or portions thereof used for residential Uses	56 dBA	56 dBA
Planned Development Districts or portions thereof used for nonresidential uses	63 dBA	56 dBA at residential zoning district boundaries, 63 dBA at nonresidential Districts excluding Industrial Districts.
Planned Development Districts or portions thereof used for industrial/heavy commercial uses	70 dBA	56 dBA at residential zoning district boundaries, 63 dBA at nonresidential Districts excluding Industrial Districts.

Noise Level Adjustments.

The maximum noise levels permitted in subsection C shall be adjusted by subtracting 7 dBA for noise present at night time.

The maximum noise levels permitted in subsection C shall be adjusted by subtracting 7 dBA for noise that is impulsive (meter reading changes at a rate greater than 10 decibels per second).

The maximum noise levels permitted in subsection C shall be adjusted by adding 10dBA when:

Noise has an "on time" of no more than:	and an "off time" between successive "on times" of at least	Decibels added to permitted noise level
0.5 minutes	one half hour	10
5.0 minutes	one hour	10
10.0 minutes	two hours	10
20.0 minutes	four hours	10

"Off time" is when the level of the primary noise being measured does not exceed that of the background noise by more than five dBA.

44.4

SMOKE AND PARTICULATE MATTER. No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:

As dark or darker in shade as that designated as No. 2 on the Ringleman Chart as published by the United States Bureau of Mines Information Circular 7118.

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in 3-1302-1 above except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified in 3-1302-1 and -2 shall not apply.

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.

Open storage and open processing operations, including on-site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per one thousand (1,000) cubic feet of air.

44.5

ODOROUS MATTER.

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

44.6

FIRE OR EXPLOSIVE HAZARD MATERIAL.

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshal of the City of DeSoto.

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of DeSoto Fire Code or are approved by the Fire Marshall.

44.7

TOXIC AND NOXIOUS MATTER. No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent (10%) of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.

44.8

VIBRATION. No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Frequency Cycles Per Second	Displacement in inches
0 to 10	0.0010
10 to 20	0.0008
20 to 30	0.0005
30 to 40	0.0004
40 and over	0.0003

(Ordinance 417 as amended through 2/7/2017)

SECTION 45 LIGHTING AND GLARE STANDARDS

45.1

PURPOSE. Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.

45.2

NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS.

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet (3). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

Intensity:

Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or one-third (1/3) of the average, whichever is greater.

Illumination shall not exceed an average of one foot (1) candle at ground level and shall distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned area.

Height:

On tracts or lots over three (3) acres in size, the maximum height for poles with lights is thirty feet (30').

On tracts or lots less than three (3) acres, the maximum height of poles with lights is twenty feet (20').

Special lighting or lighting higher than thirty feet (30') may be approved as specifically noted on a site plan.

45.3

RESIDENTIAL LIGHTING AND GLARE STANDARDS.

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

Direct lighting over ten feet (10') in height is shielded from adjacent property.

No light source shall exceed thirty feet (30') in height. Street lights and other traffic safety lighting are exempt from this standard.

Lighting shall not directly shine on adjacent dwellings.

45.4

LUMINARIES. Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited except for temporary lighting as provided in Section 45.5.

45.5

SPECIAL OR TEMPORARY LIGHTING: LOW WATTAGE. Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used.