That the comprehensive zoning ordinance of the City of DeSoto, Texas, as passed and approved on the 6th day of February, 1979, together with all amendments thereto is hereby amended and replaced in its entirety to read as follows.
(Ordinance 417 as amended through 2/7/2017)
The zoning regulations and Districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural or architectural importance and significance in the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance 417 as amended through 2/7/2017)
The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this ordinance as fully as if the same were set forth herein in detail.
3.1 
One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as Ordinance Number 1221-97. This copy shall be the official Zoning District Map and shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
3.2 
A copy of the original Zoning District Map shall be placed in the office of the Planning and Zoning Manager. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may be made of the official Zoning District Map or this copy.
(Ordinance 417 as amended through 2/7/2017)
4.1 
The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following city limits shall be construed as following city limits.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.
E. 
Boundaries indicated as following the centerline of all creeks, streams or drainageways shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.
F. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the map.
G. 
Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
H. 
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
I. 
Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections A through H, the property shall be considered as classified, "A" Agricultural, in the same manner as provided for newly annexed territory.
J. 
Zoning changes which are still valid made between February 6, 1979 and the date of passage of this ordinance are indicated in approximate locations on the Zoning District Map. For exact legal descriptions, refer to adopting ordinances for each particular zoning change.
(Ordinance 417 as amended through 2/7/2017)
All land, buildings, structures or appurtenances thereon located within the City of DeSoto, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per Section 49 [Section 48] of this ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.
No uses shall be allowed which are prohibited by State law or which operate in excess of State or National environmental or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or the Texas Natural Resource Conservation Commission, as the case may be.
(Ordinance 417 as amended through 2/7/2017)
All territory hereinafter annexed to the City of DeSoto shall be classified as "A" Agricultural until other zoning is established by the City. The procedure for establishing zoning other than "A" for annexed territory shall conform to the procedure set forth in Section 10 of this Ordinance.
6.1 
Following annexation, the Planning and Zoning Manager shall schedule public hearings to zone the recently annexed land.
6.2 
In an area classified as "A" Agricultural:
A. 
No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the "A" District, unless and until such territory has been classified in a zoning district other than the "A" District, by the City Council in the manner prescribed by Section 10.
B. 
An application for a building permit for any proposed use other than those specified in the "A" District must be made to the Building Official of the City of DeSoto within three (3) months after annexation. If the applicant shows that plans and other preparation for developing the property commenced prior to annexation by the City, the City Council may authorize the construction of the project by a majority vote. The action of the City Council concerning any such permit shall take into consideration the appropriate land use for the area. Upon approval by the City Council, the Planning and Zoning Manager shall notify the Building Official.
(Ordinance 417 as amended through 2/7/2017)