(a) 
No fence shall be constructed which shall obstruct the right-of-way of any public street or alley within the city.
(b) 
(1) 
No fence shall be constructed which will extend further than the front building line of any building on any platted residential lot within the city; except platted lots within the single-family estate district and agriculture district where the fence may be constructed to the front property line. 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.
(2) 
Fences may be constructed to and along the property line of platted lots in nonresidential districts. Fences may be constructed to and along the property lines of unplatted, undeveloped tracts in any zoning district.
(3) 
Fences constructed to and along the property lines shall not obstruct the public right-of-way, or create a hazard to vehicular or pedestrian traffic within the public right-of-way.
(4) 
No public easement shall be fenced or obstructed in any manner if the easements purpose is intended to be above ground. A gate shall be constructed in a fence along public easements to allow ingress and egress for maintenance purposes, when applicable. The gate must be at least three (3) feet in width and readily accessible.
(5) 
For maintenance purposes, a gate shall be installed, when applicable, such that all portions of the property on the outside of the enclosed fence area are readily accessible entirely from within the boundary lines of the property. The gate must be at least three (3) feet in width and readily accessible. Areas of less than 12 inches between the fence and the property boundary shall not be required to be accessible by this section. This provision shall not apply to permits issued for the replacement or repair of existing fences.
(c) 
No fence shall be erected in any residentially zoned district which will exceed eight (8) feet in height.
(d) 
Fence materials shall be allowed as follows: Wood, masonry, brick, wrought iron, wire or woven wire mesh or other comparable materials. Any wood stockade fence constructed, repaired or replaced shall meet the following standards:
(1) 
Vertical posts shall be composed of standard pipe-gauge with a minimum outside diameter measuring two-and-three-eighths inches (2-3/8") or wall-gauge galvanized steel with an outside diameter measuring two-and-one-half inches (2-1/2") square by one-eighths inch (1/8"). Vertical posts shall be spaced no more than eight feet (8') on center and shall be set a minimum of eighteen inches (18") deep into concrete post footings set at least two feet (2') deep and having a minimum ten-inch (10") diameter.
(2) 
Vertical slats shall be nailed to three (3) horizontal bracing stringers (bottom, middle, and top nailer boards) running from vertical post to post. The stringers shall be no less than two inches (2") by three inches (3") and shall be bolted to steel posts with noncorrosive metal anchor straps and one-fourth-inch (1/4") noncorrosive bolts or screws.
(3) 
All nails or fasteners shall be composed of nonrusting, noncorrosive metal such as hot dipped galvanized steel. All nails or fasteners shall be of the type (such as screw shank, ring shank, or divergent point staples) that when properly driven, will not work free due to wind vibration or shrinkage of members.
(4) 
All materials shall be securely fastened to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.
(5) 
Unless a two-inch (2") by six-inch (6") kick board is used to cover the gap between the bottom of pickets and the ground, the bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved by pouring a concrete strip between the fence supports or by raising the pickets to provide a minimum of three inches (3") between the bottom of the pickets and the ground. If the fence is a pool/spa barrier, the ground-to-fence separation shall not exceed four inches (4").
(6) 
Posts and rails must be placed on the inside of the fence so that they are not facing a street.
(e) 
Permit.
(1) 
No fence shall be constructed, altered or maintained on any lot, block, or tract of land within the city without first obtaining a permit from the building official if the value of said construction will exceed twenty five dollars ($25.00), including labor and materials.
(2) 
Any person may obtain a permit by applying to the building official and payment of a fee as prescribed in the fee schedule found in the appendix of this code and showing that the construction does not violate any of the ordinances of the city.
(f) 
Appeals.
The Board of Adjustment of the City of DeSoto is hereby designated as the appeal body to hear any appeal for variances or exceptions, other than encroachments within the public right-of-way, from the strict application of the terms of this section.
(g) 
Maintenance.
(1) 
All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times.
(2) 
Any portion of a fence shall not be allowed to lean so that the fence's axis is more than ten (10) degrees out of perpendicular alignment with its base.
(3) 
Any and all broken, loose, damaged, insect damaged, or missing parts (i.e. slats, post, wood rails, bricks, panels) shall be replaced or repaired with comparable materials of comparable color to the remaining portion of such fence repaired. Fences enclosing swimming pools or spas must be repaired immediately.
(4) 
Repairs of any nature shall be made with materials of comparable composition, color, size, shape, and quality of the original fence to which the repair is being made. Products manufactured for other uses such as plywood, corrugated steel, or fiberglass panels are prohibited as fencing materials. Nothing herein shall be construed so as to prohibit the complete removal of a fence, unless such fence encloses a swimming pool, spa or is otherwise required.
(5) 
Graffiti shall be removed immediately.
(6) 
Fences shall be maintained by the owner or person in charge of the property in as near as possible to the condition of the fence when installed and accepted as provided by this article.
(7) 
The owner or person in charge of the property shall be responsible for the repair and maintenance of the fence.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.901; Ordinance 1722-07 adopted 5/1/07; Ordinance 2315-23 adopted 4/4/2023)
(a) 
Individual mailboxes installed within the right-of-way of any public street may be housed in a structure which shall not exceed twenty-four (24) inches in depth and sixty (60) inches in height; which shall not be closer to the street than the back of the curb or six (6) inches to the edge of the pavement and shall not be located so as to constitute a hazard to vehicular or pedestrian traffic. A paved walkway shall be maintained with a minimum width that will comply with the Americans With Disabilities Act (ADA) of 1990. Mailboxes shall also comply with the standards and requirements of the United States Postal Service.
(b) 
Permit.
(1) 
No mailbox shall be constructed, altered or maintained on any lot, block, or tract of land within the city without first obtaining a permit from the building official if said construction will amount to more than twenty-five dollars ($25.00), including labor and materials.
(2) 
Any person may obtain a permit by applying to the building official and payment of a fee as provided for in the fee schedule found in the appendix of this code and showing that the construction does not violate any of the ordinances of the city.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.902)
(a) 
The term "parking lot" as used in this article shall mean an area over which vehicles are parked, driven or stored, which directly serves a non-single family structure and which shall be constructed in accordance with City of DeSoto standards and requirements, such area excluding public streets, alleys, and rights-of-way.
(b) 
Construction in Compliance with Article.
(1) 
Construction and maintenance of any parking lot in this city shall be in compliance with this article and the Standard Specifications for Public Works Construction.
(2) 
Enlargement of any existing parking lot as defined herein for the purpose of meeting additional minimum parking space requirements for a building expansion and non-required parking lot enlargements shall be constructed in compliance with this article.
(3) 
The city council may authorize a permit, not to exceed six (6) months, for the temporary storage or temporary parking of vehicles on surfaces other than required by this section.
(4) 
One (1) extension of the permit to a maximum of six (6) additional months may be granted by the city council.
(5) 
It shall be unlawful for the owner of a premise to allow parking on surfaces not in compliance with this section.
(c) 
Permit.
(1) 
No parking lot shall be constructed, altered or maintained within the city unless a permit has been obtained from the building official. When parking lot construction or enlargement is in conjunction with construction or enlargement of a building, the building permit will constitute the permit for the parking lot and no additional permit will be required.
(2) 
The fee for a permit for the construction or enlargement of a parking lot shall be as set forth in the fee schedule found in the appendix of this code.
(d) 
Subgrade Preparation.
Prior to placement of the parking lot pavement, the subgrade, subbase or existing base shall be stabilized to a non-plastic condition by the addition of lime, or an alternative method approved by the city engineer, compacted and graded in accordance with the City of DeSoto Standard Specifications for Public Works Construction.
(e) 
Pavement Surface.
The parking lot surface shall be of reinforced Portland Cement Concrete in accordance with the City of DeSoto Standard Specifications for Public Works Construction.
Category
Compressive Strength
Thickness
Parking lots (including drives) supporting only passenger vehicles
3000 PSI
5"
Parking lots (including drives) supporting truck loads and loading areas
3000 PSI
6"
Fire lanes
3000 PSI
6"
Exception
(1) 
Existing parking lots constructed of asphalt may be repaired, maintained and overlaid with asphalt.
(2) 
Reconstruction of less than 60% of the original parking lot may be in asphalt.
(3) 
Sports fields, open space and park land parking areas may use alternate pavement surface materials.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.903)
(a) 
General Regulations.
(1) 
Fill shall consist only of soil, dirt, rock, sand and other natural or man-made inert solid materials. Fill shall not contain any refuse or biodegradable material. Before filling and compaction operations begin, all refuse and biodegradable material shall be removed from the fill site to a designated sanitary land fill site.
(2) 
If it is determined by the city by the use of maps, charts, historical data or other means that the proposed fill area has been used for the dumping of refuse or biodegradable material, borings shall be required to determine the depth and width of the contaminated area. The expense of the boring is to be borne by the owner or contractor, and a copy of report of same is to be furnished to the city for its permanent records.
(3) 
Fill shall be spread and compacted evenly by repeated passages and sprinkling of suitable compaction and wetting equipment as directed by the city. Each layer of fill shall be a maximum thickness of approximately two (2) feet.
(4) 
Final grading shall be required in order to prevent ponding or standing of water on the landfill. Side slopes shall be less than one (1) foot vertical and three (3) feet horizontal.
(5) 
All fill operations shall be inspected by the city prior to final approval.
(b) 
Emergency Fill Within Floodplain.
(1) 
Special hazard areas that may develop as a result of, or caused by, erosion to property within the floodplain may be corrected by permitting fill to be placed within the floodplain in order to prevent further erosion or property loss.
(2) 
A property owner may submit a plan for fill within the floodplain setting forth the use, location, type and amount of fill to be placed in the floodplain. A permit for such fill may be issued, if in the discretion of the floodplain administrator, the fill will prevent further damage to the property in the floodplain and will not cause damage to property outside of the floodplain.
(c) 
Permit.
(1) 
If it is determined that filling and compacting is necessary in order to make land suitable for construction of surface improvements of any type, no such filling and compacting may occur without first having secured a permit therefor from the building official.
(2) 
In the event the fill is to be on a single lot with proper soil conditions and not within the floodplain, obtaining a building permit shall satisfy the requirements of this article. A single lot with improper soil conditions as outlined in this article shall be brought up to the standards specified in this article before a building permit is approved.
(3) 
Any person may obtain a permit by applying to the building official and payment of a fee as set forth in the fee schedule found in the appendix of this code and showing that the construction does not violate any of the ordinances of the city.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.904)
(a) 
Conditions to Moving Building.
(1) 
It shall be unlawful for any person to move or cause to be moved any building or structure from outside the city limits to within the city limits of the City of DeSoto or from one location in the city limits to another location inside the city limits of the City of DeSoto. This prohibition includes any house or structure previously used as a home or out-building or constructed at one location to be moved to another location prohibited by this section. This section shall apply, however, only to buildings intended to be used for residential purposes or support structures in connection with residential structures and shall apply only to agricultural, single family estate, single-family dwelling-l, single-family dwelling-2, single-family dwelling-3, single-family attached dwelling, multiple-family dwelling-l, and multiple family dwelling-2 uses.
(2) 
The aforementioned paragraph shall not apply to structures that are of a historical significance to the City of DeSoto. Such structures must meet criteria established by, and must be officially recognized by, the State of Texas as a historical structure. Whenever such occasion arises, the building official may issue the applicable permits necessary for relocation. However, all remaining provisions of this article will be applicable.
(3) 
Section 3.905(a)(1) shall not apply to buildings or structures which comply with Article 5221f-l, Texas Civil Statutes.
(b) 
Conditions to Razing, Wrecking, or Dismantling Building.
It shall be unlawful for any person to raze, wreck, or dismantle any house or building, the value of which exceeds one hundred dollars ($100.00) within the city without securing a permit therefor as is herein provided, and removing all materials from the premises and from the public thoroughfares.
(c) 
Permit.
The building official shall issue a permit upon the payment of the fee prescribed therefor in the fee schedule found in the appendix of this code for each building to be demolished or moved into, within, or out of the city. A permit from the building official shall not be required of persons moving a building through the city on a state highway, but a permit shall be obtained from the State Department of Highways and Public Transportation.
(d) 
Bond.
Any person who moves a building or structure into, within or out of the city is required to post a bond with the building official conditioned that the building or structure will be restored in good condition or that the grounds will be completely cleared and any damage done to the streets or any property within the city will be placed in good condition to meet city requirements within a period of ninety (90) days from the date of the moving of such building or structure onto or off of said property. The amount of said bond shall be a minimum of twenty thousand dollars ($20,000.00) or an amount to be determined by the director of public works after an inspection has been made of the building in question, before it is moved into, within, or out of the city. This bond shall not be required of persons moving a building through the city on a state highway.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.905)
(a) 
Addressing System.
(1) 
The planning and zoning department shall assign, issue and maintain on file official addresses for each and every structure in the city in accordance with the addressing system adopted by this subsection.
(2) 
Base Lines for Addressing.
The intersection of Belt Line Road and Hampton Road shall be the base line for the purpose of addressing. Each street running east and west or substantially in that course shall, for the purpose of such addressing, have its beginning point at the east and west lines of Hampton Road, as the case may be, the addressing to begin at such initial points with the number of one hundred (100), and to increase easterly and westerly, as the case may be, to the city limits. Each street running north and south or substantially with that course, shall begin at the north and south lines of Belt Line Road, as the case may be, with the number of one hundred (100) and to increase northerly and southerly, as the case may be, from such initial point to the city limits.
(3) 
Odd and Even Addresses.
The odd numbers shall appear on the north side and the even numbers on the south side of the streets running east and west; the odd numbers shall appear on the west side and the even numbers on the east side of streets running north and south; provided, however, consecutive numbers shall be assigned by the planning and zoning department according to a standard pattern in shopping center areas when the names of such areas have been designated by the planning and zoning department.
(4) 
Unit of Space.
The basic unit of space for each address shall be twenty-five (25) feet; however, within shopping center areas and within business areas, the unit of space shall be fifteen (15) feet where the application of the twenty-five (25) foot unit is not feasible. Individual dwelling units within apartment houses and projects shall have addresses assigned by the planning and zoning department according to a standard pattern when the locations of the structures have been indicated according to the basic addressing pattern set forth above.
(5) 
Addressing within Building Complexes.
A building of multiple structures or occupancies must have an official address assigned to each building and each unit within the building. The official address assigned to each building must be prominently posted and displayed both at the front and rear of the building, if the building design permits, or so displayed that it is visible where possible from the nearest vehicular access. The official address for each unit within the building must be conspicuously posted on the unit. If, in a complex of multiple structures or occupancies, the address is not visible from the street or alleyway by reason of design, a sign directory shall be placed in front of the building and a diagram of the complex shall be furnished by the owner to the fire and police departments. This must be updated and departments notified upon business changes.
(b) 
Address Placement on Structures.
(1) 
Specifications.
Numbers or letters depicting the official address required by this section shall be of a durable metal type which will not be tarnished or corroded by the elements and shall be of a color contrasting to its background. Numbers or letters shall be a minimum of three (3) inches in height and visible and readable from the public street and alleyway. Nothing herein shall prohibit any number or letter from being painted when the material is, in the judgment of the building official, equal in strength, durability and service to the metal required by this subsection, but numbers or letters with adhesive backs and numbers painted on the curb shall not be acceptable.
(2) 
Placement by Owner.
The owner, agent of the owner, or the occupant of any structure situated in the city shall display, or permit to be displayed, the official address so that it is plainly visible from both the front and rear of their premises. Buildings and dwellings without rear entryways shall not be required to place addresses on the rear of their premises.
(3) 
Official Addresses to be Kept on Structures.
After an official address has been placed on a structure, no person shall fail to keep an official address placed on any structure owned or occupied by him. Each official address shall be placed on each structure in the manner provided by this section and no person shall thereafter willfully deface, injure or remove any such official address from the place so fixed; provided a person shall have the right to remove the address when altering or changing the structure and place the address temporarily at some other part of the structure where it will show conspicuously from the street or alleyway. Failure to display the official address on each and every structure in accordance with this subsection shall constitute a violation of this subsection.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.906)
It shall be unlawful for any person to install, connect or be instrumental in assisting in the installation of electrical service, gas service (whether natural or otherwise), water service, sewer service or telephone service to any house or premises within the city limits, where any building has been moved, erected, constructed, renovated, or added to in any way without a required permit or in violation of the building, electrical, plumbing or gas code, or the regulation of development of additions or subdivisions or the zoning ordinances of the city then in effect.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.907)
In addition to any remedial action or abatement procedure contained in the building regulations adopted in this code , any person violating any provision of this article shall be punished as provided for in this code.
(1995 Code of Ordinances, Chapter 3, Article 3.900, Section 3.908)