(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
(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)
