For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word shall is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.
ACCESSORY BUILDING (240 SF OR MORE).A building or structure two hundred forty (240) square feet or greater that is secondary or incidental to a main or primary structure and is not allowed without a main or primary structure.
ACCESSORY BUILDING (BUSINESS OR INDUSTRY).In the nonresidential Districts, a subordinate building to the main building, limited in height to not over the height of the main building and not exceeding fifty percent (50%) of the floor area of the main building and used for purposes directly accessory and incidental to the main use.
ACCESSORY BUILDING (RESIDENTIAL).In a residential district, a subordinate building detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business.
ACCESSORY RETAIL OR SERVICE (INCIDENTAL IN OFFICE DISTRICT).The rendering of retailing or services incidental to the primary use. In the Office District such uses may include a barber or beauty shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy.
ACCESSORY USE.A use customarily incidental, appropriate and subordinate to the principal use of land or building(s) and located upon the same lot therewith.
ADULT DAY CARE FACILITY.A commercial institution or place designed for the care of elderly and/or handicapped persons (as defined in the Texas Human Resource Code), requiring qualified supervision for a period of time less than 24 hours a day. Such facility shall be licensed by the Texas Department of Human Services.
AEROSPACE PRODUCT AND PARTS MANUFACTURING.This industry comprises establishments primarily engaged in one or more of the following:
a. Manufacturing complete aircraft, missiles, or space vehicles;
Manufacturing aerospace engines, propulsion units, auxiliary equipment or parts;
Developing and making prototypes of aerospace products;
Aircraft conversion (i.e., major modifications to systems); and
Complete aircraft or propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft to original design specifications).
AGRICULTURAL.Relating to the art or science of cultivating the ground, including the propagation and harvesting of crops, and the rearing and management of livestock; tillage; husbandry; farming.
AIR-CONDITIONING AND WARM AIR HEATING EQUIPMENT AND COMMERCIAL AND INDUSTRIAL REFRIGERATION EQUIPMENT MANUFACTURING.This industry comprises establishments primarily engaged in (1) manufacturing air-conditioning (except motor vehicle) and warm air furnace equipment and/or (2) manufacturing commercial and industrial refrigeration and freezer equipment. Uses include air-conditioning and warm air heating combination units manufacturing, humidifying equipment [except portable] manufacturing, air-conditioning compressors (except motor vehicle) manufacturing, refrigerated counter and display cases manufacturing, air-conditioning condensers and condensing units manufacturing, refrigerated drinking fountains manufacturing, dehumidifiers [except portable electric] manufacturing, snow making machinery manufacturing, heat pumps manufacturing, soda fountain cooling and dispensing equipment manufacturing.
AIRCRAFT ENGINE AND ENGINE PARTS MANUFACTURING.This industry comprises establishments primarily engaged in one or more of the following:
a. Manufacturing aircraft engines and engine parts;
Developing and making prototypes of aircraft engines and engine parts;
Aircraft propulsion system conversion (i.e., major modifications to systems); and
Aircraft propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft propulsion system to original design specifications).
AIRCRAFT PARTS AND AUXILIARY EQUIPMENT MANUFACTURING.This industry comprises establishment primarily engaged in (1) manufacturing aircraft parts or auxiliary equipment (except engines and aircraft fluid power subassemblies) and/or (2) developing and making prototypes of aircraft parts and auxiliary equipment. Auxiliary equipment includes such items as crop dusting apparatus, armament racks, in-flight refueling equipment, and external fuel tanks.
AIRPORT OR LANDING FIELD.A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.
ALLEY.A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
AMBULANCE SERVICE.Provision of private (not operated by the City of DeSoto) emergency transportation which may include medical care, and including storage and maintenance of vehicles.
AMBULANCE SERVICE - NON EMERGENCY TRANSPORT.Provision of private (not provided by the City of DeSoto) non-emergency transportation of patients seeking medical attention considered to be non-emergency, which may include medical care.
AMUSEMENT ARCADE (ALSO VIDEO ARCADE).Any building, room, place or establishment of any nature or kind and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three (3) or more amusement devices operated for a profit, whether the same be operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. Provided, however, the term "amusement device", as used herein, shall not include musical devices, billiard tables which are not coin-operated machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.
AMUSEMENT, COMMERCIAL (INDOOR).An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.
AMUSEMENT, COMMERCIAL (OUTDOOR).Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.
ANIMAL HUMANE SOCIETY.A facility used to house or contain stray, homeless, abandoned, or unwanted animals and is devoted to the welfare, protection, and humane treatment of animals. Pets are generally kept inside, but can have runs on the outside.
ANIMAL POUND (PUBLIC).A facility or structure where wild, feral, or domestic animals are impounded, for various reasons, and may be impounded or quarantined for a period of three days and if unclaimed, may be euthanized.
ANTENNA.The arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas and satellite dishes).
ANTENNA.The arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas and satellite dishes).
ANTENNA SUPPORT STRUCTURE.Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals. Erected means a tower or pole designed for the sole purpose of antenna support while mounted or attached means the use of an existing structure for antenna support.
ANTENNA/MICROWAVE REFLECTOR.An apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The definition is meant to include, but is not limited to, what are commonly referred to as satellite receive only earth stations, or satellite dishes.
ANTIQUE SHOP, SALES INDOORS.A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.
APPLIANCE RENTAL.Generally a store where household appliances are rented or leased on a monthly payment plan.
ARCHITECT'S OFFICE.An office where the art or science of building design is practiced and usually includes a conference room for meetings with clients.
ARMED SERVICES RECRUITING CENTER.An office space occupied by a U.S. Army, Navy, Air Force, Marine, Coast Guard, and/or Merchant Marine recruiting center where phone calls are made, letters are written and mailed, possible recruits are interviewed and enlisted in one of the service branches.
ART GALLERY OR MUSEUM.An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
ART SUPPLY STORE.A retail store involved in the sale of supplies required to illustrate, paint, and develop skills in the creation of artistic works.
ASSISTED LIVING FACILITY.A congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation and social or recreational services may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).
AUTO PAINT OR BODY REBUILDING SHOP.A specialty auto related use that deals with auto painting, auto body repair and/or auto body rebuilding and frequently includes metal cutting and welding of body parts, grinding and sanding.
AUTO PARTS AND ACCESSORY SALES (INDOORS).The use of any building or other premise for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.
AUTO RENTAL.Storage or renting of automobiles and light trucks.
AUTO SALES (NEW & USED).Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.
AUTO SALES (NEW AND USED) INDOOR.Retail sales of new and used automobiles or light load vehicles, including, as a minor part of the business, the minor service or make-ready of new and used vehicles; with all sales and displays occurring inside the building.
AUTO SALES (USED).Retail sales, or offering for sale, used automobiles or light load vehicles.
AUTO STORAGE OR AUTO AUCTION.The storage or impoundment, on a lot or tract, paved in accordance with parking lot paving requirements set forth in the Code of Ordinances, of automobiles for the purpose of holding such vehicles for sale or distribution.
AUTOMOBILE.A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, motor scooters and motorcycles.
AUTOMOBILE ACCESSORY INSTALLATION (MINOR).Minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.
AUTOMOBILE REPAIR GARAGE.An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.
AUTOMOBILE REPAIR, MAJOR.General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under "Automobile Repair, Minor"; and other similar uses.
AUTOMOBILE REPAIR, MINOR.Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "Automobile Repair, Major" or any other similar use.
AUTOMOTIVE GASOLINE OR MOTOR FUEL SERVICE STATION.Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories, including those operations listed under Minor Automobile Repair. Vehicles which are inoperative or are being repaired may not remain parked outside an Automobile Service Station for a period greater than forty-eight (48) hours.
BAIL BOND SERVICES.A bail bond service or bondsman is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.
BAKERY OR CONFECTIONERY SHOP (RETAIL).A shop that sells baked goods, including but not limited to pastry items, cakes, bread, and donuts. Often includes a drive-in, pick-up, and take-out operation. Delivery service is often provided.
BANKING, AUTOMATIC TELLER ONLY.Usually a small site and a small building (lobby) and/or drive-up only where banking transactions can take place without the assistance of a bank employee on duty.
BARNS (OVER 240 SF).A structure intended for storage of farming and ranching related equipment, animals and hay storage. Barns over two hundred forty (240) square feet located on three acres or more are permitted by right.
BASEMENT (OR CELLAR).A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BED AND BREAKFAST INN OR FACILITY.An owner-occupied private home containing one or more guest bedrooms which are offered for lodging to paying guests and serves breakfast only. It is the intent that this use is clearly incidential and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof. (See Section
43.17, Supplemental Regulations for further requirements)
Establishment engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods and where such establishment derives more than seventy-five percent (75%) of their gross revenue from the sale of beer and/or wine. Alcoholic beverages shall be defined by the Texas Alcoholic Beverage Code as amended (see Section
43.22 for distance requirements).
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Planning Manager shall determine the outline of the block.
BOARDING OR ROOMING HOUSE.A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided.
BOAT BUILDING.This industry comprises establishments primarily engaged in building boats. Boats are defined as watercraft not built in shipyards and typically of the type suitable or intended for personal use. Included in this industry are establishments that manufacture heavy-duty inflatable rubber or inflatable plastic boats (RIBs), dinghy, rowboats manufacturing, as well as sailboat, motorboats, yacht building.
BOAT SALES.The retail sales of water craft that may include both motor boats, wave-runners and sail boats. May include accessory sales and some minor repair or tuning.
BOOK OR STATIONERY SHOP OR NEWSTAND.A store or shop that engages in the retail sales of books and/or stationery and/or newspapers. The shop frequently has an area for sitting and reading for short periods.
BOOKBINDING.An establishment that practices the art or trade of binding books, but not to include the retail sale of books.
BOTTLING WORKS.An establishment that engages in the business of placing liquids (soft drinks, milk, juices, etc.) in bottles made of glass or plastic.
BREWERY.An industrial use that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 15,000 barrels of beverage annually (all beverages combined).
BUILDING.Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
BUILDING HEIGHT.The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deckline of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.
BUILDING LINE.A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected. (See Illustration 6, § A-6)
BUILDING MATERIALS AND HARDWARE SALES (INDOOR OR OUTDOOR).Materials, tools, and hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a home improvement center. "Outdoor" means the storage of materials and products outside of the main building.
BUILDING OFFICIAL.The inspector or administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code.
BUILDING, MAIN OR PRIMARY.A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUS STATION OR TERMINAL.Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
CABINET SHOP.A wood shop that does layouts, cutting, fitting and assembly of residential and commercial cabinets. May include staining or painting of cabinets, also may include installation.
CALIPER.The thickness of trees measured in inches. For existing trees this measurement is made 4.5 feet above ground level. For trees to be planted, this measurement is made six (6) inches above grade or ground level.
CARETAKERS' OR GUARDS' RESIDENCE.A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises.
CARPORT.An accessory structure open on a minimum of two sides used to shelter vehicles. Also called "covered parking area."
CASH FOR GOLD ESTABLISHMENT.An establishment engaged in the direct and immediate purchase of precious metals for monetary compensation and excludes the exchange of precious metals as a condition for a loan, consignment, or any other conditions other than a direct and immediate sale.
CEMENT OR HYDRATED LIME PLANT.A plant that manufactures cement and/or hydrated lime for use in the construction industry, for the making of concrete, mortar or plaster.
CEMETERY OR MAUSOLEUM.Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CERTIFICATE OF OCCUPANCY.An official certificate issued by the City through the Building Official which indicates conformance with the zoning regulations and building codes and authorizes legal use of the premises for which it is issued; may be referred to as an Occupancy Permit.
CHECK CASHING SERVICE & LOAN AGENCY.A location where individuals engage in the cashing of checks and/or the securing of loans. This use generally provides Pay Day Cash Advance Loans. This use is also referred to variously as Cash Advance Loans, Check Advance Loans, Post-dated Check Loans, Short-term Loans, Pay Day Advance Loans, Cash Loans, Fast Cash Loans, Fast Loans, Bad Credit Loans, Deferred Deposit Check Loans, as well as other similar names. Usually, a borrower writes a personal check payable to the lender for the amount he or she wishes to borrow plus a fee. The company then gives the borrower the amount of the check minus the fee. This service does not include a Bank, Savings and Loan, Credit Union or Pawn Shop.
CHILD CARE CENTER (OR DAY CARE CENTER).A commercial institution or place designed for the care or training of twelve (12) or more unrelated children under fourteen (14) years of age for less than 24 hours a day.
CHURCH, RECTORY, OR TEMPLE.A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by State law). For the purposes of this ordinance, bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.
CIGAR LOUNGE.A business that sell a variety of cigars. It may also sell other tobacco products such as pipe tobacco or cigarettes, but this would generally be a minor part of their sales. They may also sell other tobacco accessories such as lighters, cigar boxes and containers, as well as cigar cutters and punches. In addition, this business contains a lounge were persons can go to smoke their cigars and watch TV, listen to music, play games, visit, etc... In most cases the lounge would contain more square footage than the retail area. However, even if the retail area is larger in square footage, if there is a lounge, It will be considered a cigar lounge.
CIVIC CENTER.A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention or entertainment facilities owned and/or operated by a municipality.
CLOTHING OR SIMILAR LIGHT MANUFACTURING.A business that buys bolts of cloth or fabric, cuts from patterns and sews into finished shirts, pants, dresses, and other pieces of clothing. Generally no retail sales at this location, but sells to retail shops for resale.
COLLEGE OR UNIVERSITY.An academic institution of higher learning, accredited or recognized by the State and covering a program or series of programs of academic study.
COMMUNICATIONS OPERATIONS (AMATEUR).The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain.
COMMUNICATIONS OPERATIONS (COMMERCIAL).The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.
COMMUNITY CENTER (PUBLIC).A building or complex of buildings that house cultural, recreational, athletic, or entertainment facilities owned and/or operated by a governmental agency or private non-profit agency.
COMMUNITY HOMES.A place meeting the requirements established under Section 123.004 of the Texas Human Resources Code and where no more than six (6) persons with disabilities and up to two (2) supervisors reside at the same time to provide services to persons with disabilities including food, shelter, personal guidance, care, habilitation and supervision.
COMPREHENSIVE PLAN.Document adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.
COMPUTER AND PERIPHERAL EQUIPMENT MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing and/or assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers; and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals. Computers can be analog, digital, or hybrid. Digital computers, the most common type, are devices that do all of the following: (1) store the processing program or programs and the data immediately necessary for the execution of the program; (2) can be freely programmed in accordance with the requirements of the user; (3) perform arithmetical computations specified by the user; and (4) execute, without human intervention, a processing program that requires the computer to modify its execution by logical decision during the processing run. Analog computers are capable of simulating mathematical models and comprise at least analog, control, and programming elements. The manufacture of computers includes the assembly or integration of processors, coprocessors, memory, storage, and input/output devices into a user-programmable final product.
COMPUTER SALES.The display and retail sale of computers generally of serveral types and including the necessary hardware and software. May include delivery and installation and may offer repair service.
COMPUTER TERMINAL MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing computer terminals. Computer terminals are input/output devices that connect with a central computer for processing.
CONCRETE OR ASPHALT BATCHING PLANT (TEMPORARY).A temporary location generally near a particular job site, for the storing and mixing of raw materials to produce concrete or asphalt with trucks for transporting it to job sites. Is removed once project is completed.
CONCRETE PIPE MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing concrete pipe and other concrete products, excluding concrete block and brick.
CONSIGNMENT STORE (2,000 SQ. FT. MAX.).A small store that receives merchandise on consignment from individuals and places for resale. The owner may pay for what is sold and return what cannot be sold.
CONSTRUCTION MACHINERY MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing, construction machinery, surface mining machinery, and logging equipment such as backhoes manufacturing, pile-driving equipment manufacturing, bulldozers manufacturing, portable crushing, pulverizing, and screening machinery manufacturing, construction and surface mining-type rock drill bits manufacturing, powered post hole diggers manufacturing, construction-type tractors and attachments manufacturing, road graders manufacturing, off-highway trucks manufacturing, surface mining machinery manufacturing.
CONTINUING CARE RETIREMENT COMMUNITY.A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.
CONTRACTOR'S SHOP WITHOUT OUTSIDE STORAGE YARD.A building or part of a building used by a contractor as a business office and for storage of materials, equipment, tools, products, and vehicles used in connection with said business. This use does not permit outside storage.
COPY SHOP OR PRINTING.An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.
CORRECTIONAL FACILITY.The use of land for the confinement or safe custody of persons so confined as the result of the legal process.
COUNTRY CLUB (PRIVATE).A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.
COURT.An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.
COVERAGE.The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
CREMATORIUM.A building fitted with the proper appliances for the purposes of the cremation of human or animal remains and includes everything incidental or ancillary thereto.
CUT STOCK, RESAWING LUMBER, AND PLANING.This industry comprises establishments primarily engaged in one or more of the following: (1) manufacturing dimension lumber from purchased lumber; (2) manufacturing dimension stock (i.e., shapes) or cut stock; (3) resawing the output of sawmills; and (4) planning purchased lumber. These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.
DAY CAMP FOR CHILDREN.A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.
DENSITY.The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.
DESIGN TRANSFER: MANUFACTURING AND WHOLESALE SHOPS.An establishment whose business involves the placing and/or transferring of photographs, logos, or other designs onto articles of clothing, backpacks or other articles. This use applies to the manufacture of articles for wholesale purposes, only, and may include embroidery of names, logos or other text. This use generally includes catalog sales. Retail sales with display areas are permitted as a secondary use. This use typically involves the preparation of custom artwork, and is for the mass production of articles. Although silk screening is typically employed for this use, heat transfer, Direct-To-Garment (DTG) and/or similar equipment are also acceptable.
DESIGN TRANSFER: RETAIL SHOPS.A retail shop whose business involves the placing and/or transferring of designs, photographs, logos, or other similar designs (may be selected from catalogs) onto articles of clothing, backpacks or other articles. This use may include embroidery of names, logos or other text. This use applies to on-site retail sales, does not typically involve the preparation of custom artwork, and does not involve the mass production of products. It typically involves the use of heat transfer, Direct-To-Garment (DTG) or other similar equipment.
DETACHED.Having no physical connection above the top of the floor line of the first floor with any other building or structure.
DIAMETER-AT-BREAST-HEIGHT (DBH).The tree trunk diameter measured in inches at a height 4.5 feet above the ground. If a tree forks into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the forks.
DISCOUNT OR DEPARTMENT STORE.Retail store generally advertising reduced prices and dealing in a large variety of products including, but not limited to clothing. May include appliances, electronics, and limited packaged food products.
DISEASED TREE.Sustained and progressive impairment of a tree caused by things such as environmental factors, bacteria, or insects, that render the tree unhealthy and in a weakened state or possibly a threat for infecting other trees.
DISTRIBUTION CENTER.Building or facility used for the storage and distribution of wholesale items/products.
DONUT SHOP.A shop that sells baked goods, such as pastry items, and donuts and generally sells beverages and frequently provides a small amount of seating for patrons.
DRIP LINE.The vertical line extending from the outermost edge of the tree canopy to the ground.
DRIVE THROUGH ESTABLISHMENT.Establishment that allows for the interior passage of motor vehicles for the retail sales of food or beverages, or delivery of food or beverages.
DRUG STORE OR PHARMACY.Retail store where prescription drugs and non-prescription drugs are displayed and sold. Drug stores and pharmacies generally display and place on sale a variety of personal hygiene products, household goods, gifts, and other products for the home. May include drive-through window(s).
DWELLING.Any building or portion thereof, which is designed or used as living quarters for one or more families.
DYEING OR LAUNDRY PLANT (COMMERCIAL).An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis. May also include the use of dyes to change colors of clothing.
EASEMENT.A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
ELECTRICAL EQUIPMENT MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing power, distribution, and specialty transformers; electric motors, generators, and motor generator sets; switchgear and switchboard apparatus; relays; and industrial controls.
ELECTRICAL TRANSMISSION LINE (HIGH VOLTAGE).A high voltage electrical line that is normally placed in an easement or right-of-way to allow electrical lines to traverse a city for the distance between sub-stations or generating plants.
ELECTRONIC OR DIGITAL SMOKING DEVICE.Any product containing or delivering nicotine, including all forms of cartridges/pods/containers, or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
ELECTRONIC-CIGARETTE ESTABLISHMENT.A business establishment that is dedicated primarily (over 50 percent of quarterly sales) to the sale and/or on premise use of electronic-cigarettes.
ENCLOSED BUILDING.A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of opening forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air.
ENTERTAINMENT VENUE.Establishment that provides entertainment such as singers and bands, comedians, as well as music for dancing. Generally the establishment is open in the evening and into early morning hours. Although food may be provided, the primary focus of the business is to provide music, dancing and/or entertainment. The primary focus of the business is not to provide food service as is the case with a restaurant. This definition shall not apply to a business that has been issued a Food and Beverage Certificate by the Texas Alcoholic Beverage Commission and food service is the primary business.
EQUIPMENT RENTAL (HEAVY).An establishment which rents large equipment and machinery such as compressors, backhoes, front-end loaders, roller compactors, generators, tree coppers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. This equipment can be self-propelled or because of its size must be hauled or towed. The equipment is generally stored outside. This use can involve the starting and running of machinery.
EQUIPMENT SALES (NEW OR USED).An establishment which sells large, new or used, equipment and machinery such as compressors, backhoes, front-end loaders, roller compactors, generators, tree chippers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. The equipment is generally displayed outside. This use can involve the starting and running of machinery on site.
FAMILY.One or more persons related by blood, marriage, or adoption; or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit.
FAMILY HOME (Child Care in Place of Residence).Establishment registered with the State of Texas that regularly provides care in the caretaker's own single-family detached residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.
FARM, RANCH, GARDEN, CROPS OR ORCHARD.An area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
FEED AND GRAIN STORE.An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.
FIRE, POLICE OR MUNICIPAL BUILDING.Any public service building of the municipal government including a library or City Hall, but excluding storage yards, utility shops and equipment centers.
FIREWOOD SALES.A business whose primary business is the sale of firewood, which is stored and displayed in the open on the lot or tract. This Use may also include the cutting of wood on-site.
FLEA MARKET (INDOOR).An indoor premise where the main use is the sale of new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment, in small quantities, in broken stalls, lots or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal service establishments, food services establishments, retail services establishments, and auction establishments.
Note: This definition does not pertain to retail sidewalk sales or garage sales. Arts and crafts shows or sales held by non-profit organizations are also not included under this definition. |
An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Flood Insurance Rate Map (FIRM) of the City of DeSoto.
FLOOR AREA.The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.
FLOOR AREA RATIO (FAR).The floor area of a main building or buildings on a lot, divided by the lot area. (See Illustration 1, § A-6)
FLORIST SHOP.An establishment for the display and retail sale of flowers, small plants and accessories.
FOOD AND BEVERAGE STORE WITH GASOLINE SALES (CONVENIENCE STORE).A retail establishment of 4,000 square feet or less of floor area, designed for quick in and out convenience with generally few purchases, that sells pre-packaged foods, beverages for off premise consumption, tobacco products, magazines and newspapers, personal household merchandise, and automobile lubricants and antifreeze. This use includes the sale of gasoline, but does not include any automobile repair services or the sale of automobile replacement parts.
FOOD AND BEVERAGE STORE WITHOUT GASOLINE SALES (CONVENIENCE STORE).A retail establishment of 4,000 square feet or less of floor area, designed for quick in and out convenience with generally few purchases, that sells pre-packaged foods, beverages for off premise consumption, tobacco products, magazines and newspapers, personal household merchandise, and automobile lubricants and antifreeze. This use does not include the sale of gasoline, and does not include any automobile repair services or the sale of automobile replacement parts."
FOOD PROCESSING PLANT.A building or plant that uses special processes, treatments or blending of foods to achieve a specified result. Not a distribution center.
FOOD STORE (GROCERY STORE).A retail establishment, where the majority of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores. Prepared food may be sold only as a secondary or accessory use.
FRANCHISED PRIVATE UTILITY (NOT LISTED).A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of DeSoto.
FUNERAL HOME OR MORTUARY.A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
FURNITURE MANUFACTURING AND REFINISHING SHOP.A manufacturing plant that produces finished pieces of wood furniture or metal frames padded and covered with fabric or leather. Also includes staining, painting or finishing of new furniture and/or refinishing of used furniture.
FURNITURE, HOME FURNISHINGS OR APPLIANCE STORES.This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.
GARAGE, PRIVATE.An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."
GARAGE/ACCESSORY DWELLING.A residential dwelling unit attached to or over a garage but not attached to the main residential structure.
GARDEN SHOP.A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.
GAS LINE AND REGULATING STATION.A gas line normally placed in an easement or right-of-way to allow the gas line to traverse a city for the distance between regulating stations. The regulating station is to meter the pressure, flow and amount of gas in the line.
GENERAL COMMERCIAL PLANT.Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.
GENERAL RETAIL STORES.This major group includes retail stores which sell a number of lines of primarily new merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (Also see Retail Store)
GOLF COURSE.An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.
GROUP DAY-CARE HOME.Means a facility that provides care for seven (7) to twelve (12) children under fourteen (14) years of age less than 24 hours a day.
GYMNASTIC OR DANCE STUDIO.A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.
HARDWARE STORE.A store that sells a variety or tools and supplies to home improvement (do-it-yourself) customers as well as builders. May include limited indoor display and sale of lumber, plywood, paneling, and trim; but would not include an outside lumberyard. Generally includes the display and sale of plumbing products, electrical fixtures, paint and home improvement product.
HEAVY LOAD VEHICLE.A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than fourteen thousand five hundred (14,500) pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise.
HEAVY MACHINERY SALES AND STORAGE.A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.
HELIPORT.An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.
HELISTOP.The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
HOBBY SHOP.A retail shop that sells materials and supplies to persons whose main interest is the making of arts and crafts, including models.
HOME FOR AGED, RESIDENCE.A home where elderly people are provided with lodging and meals without nursing care being a primary function.
HOME OCCUPATION.Any occupation or activity carried on principally by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main building; provided that no trading in merchandise or selling of goods or services is carried out on a regular basis and in connection with which there is no display of merchandise and no mechanical equipment is used, except such as is customary for purely domestic or household purposes and does not create obnoxious noise or other conditions such as odor, increased traffic, smoke or electrical interference. A beauty or barber shop, tea room or restaurant, rest home or clinic, child care center, bed and breakfast facility, or cabinet, metal or auto repair shop are examples of uses that are not home occupations.
HOSPITAL (ACUTE CARE).An institution licensed by the State of Texas where sick or injured patients are given medical or surgical treatment and includes related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices, which are an integral part of the facility.
HOSPITAL (CHRONIC CARE).An institution where those persons suffering from illness, injury, deformity or deficiency of age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
HOUSEHOLD APPLIANCE SERVICE AND REPAIR.The maintenance and rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners and hair dryers.
HOUSEHOLD CARE FACILITY.A dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and ART. 1011n (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future.
HOUSEHOLD CARE INSTITUTION.A facility which provides residence and care to ten or more persons regardless of legal relationship who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.
ICE CREAM/YOGURT SALES.A retail store where ice cream and yogurt are displayed and sold for consumption on the premises or taken from the store for consumption and may include a drive-through window.
INDUSTRIAL, MANUFACTURING.Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.
INDUSTRIALIZED HOME OR MODULAR HOME.Means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural component.
KENNELS (INDOOR PENS).An establishment with indoor pens in which five (5) or more domesticated animals, more than four (4) months of age, housed, groomed, bred, boarded, trained or sold for commercial purposes.
KENNELS (OUTDOOR PENS).An establishment with outdoor pens in which five (5) or more domesticated animals, more than four (4) months of age, are housed, groomed, bred, boarded, trained or sold for commercial purposes.
KEY SHOP.Generally a small shop that cuts keys and offers a variety of accessory items such as key chains, key cases, and wall mounted key racks.
KIOSK.A small, free-standing, one-story accessory structure used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. (See Section 43, Supplemental Regulations)
LANDSCAPING.Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.
LANDSCAPING SERVICE/CONSTRUCTION.The contracting of services for the installation of landscaping to include grass, ground cover, shrubs, hedges, trees and non-living durable material commonly used in landscaping such as rock, pebbles, sand, walls or fences. Storage of such materials occurs on site.
LEGACY TREE.A tree that has a diameter of over 25 inches, measured four and one-half feet above natural grade, and is not of the unprotected tree list.
LIGHT LOAD VEHICLES.A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than eleven thousand (11,000) pounds, and having no more than two (2) axles, such as pick-up trucks, vans, recreational vehicles (less than thirty-two [32] feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
LIGHT MANUFACTURING AND ASSEMBLY PROCESSES.Manufacturing of finished products predominantly from previously prepared materials including assembly and packaging of such products and incidental sales and distribution of such products.
LOADING SPACE.An off-street space or berth used for the delivery and loading or unloading of
LOCAL UTILITY LINE.The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service including pad and pole mounted transformers.
LONG TERM CARE FACILITY.A healthy facility other than a hospital, where patients are housed for recuperation and treatment for physicians disorders, but excluding uses listed under the use classification for "Rehabilitation Care Institution.
LOT.Platted land (as specified in Section 212 of the Texas Local Government Code) occupied or intended to be occupied by one main building and the required parking, or a group of main buildings, and accessory building and uses, including such open spaces as are required by the Ordinance, and other laws or ordinances, and having its principal frontage on a public street or officially approved place. (See Illustrations 6, 7 and 8, § A-6).
LOT AREA.The total area, measured on a horizontal plane, included within lot lines.
LOT DEPTH.The mean horizontal distance between the front and rear lot lines. (See Illustration 7, § A-6)
LOT FRONTAGE.That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT LINE, FRONT.The narrower side of the lot abutting a street. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines. (See Illustration 6, § A-6)
LOT LINE, REAR.The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero. (See Illustration 8, § A-6).
LOT OF RECORD.A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Dallas County.
LOT WIDTH.The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line. (See Illustration 6, § A-6)
LOT, CORNER.A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees (135°). (See Illustration 9, § A-6)
LOT, DOUBLE FRONTAGE.A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. (See Illustration 5, § A-6)
LOT, FLAG.A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five feet (35).
LOT, KEY.A corner lot whose exterior side is adjacent to the front yard of another lot.
MAIN BUILDING.The building or buildings on a lot which are occupied by the primary use.
MAINTENANCE AND REPAIR SERVICE FOR BUILDINGS.A contracting company that offers maintenance and repair services for existing buildings which may include residential, commercial, or industrial buildings. Equipment and materials used for repairs may include the need for an outside storage yard.
MANUFACTURED HOME (HUD Code).A structure constructed on or after June 15, 1976, according to the Federal Manufactured Home Construction and Safety Standards, which is designed to be transported in one or more sections that is built on a permanent chassis and used as a dwelling with or without a permanent foundation.
MANUFACTURED HOME DISPLAY OR SALES (NEW).The offering for sale, storage, or display of new trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
MANUFACTURING OR INDUSTRIAL USE (LIGHT).Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.
MASONRY CONSTRUCTION.Exterior construction materials including brick, stone, granite, marble, concrete and other built up/tilt panels.
MAUSOLEUM.Property used for the interring of the dead and where bodies are interred above ground in stacked vaults.
MEDICAL CLINIC OR OFFICE.A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human patients. Some of these uses are listed below with a more specific definition.
a. Doctors Office, Medical, or Chiropractic Clinic. A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.
Dental Clinic, Laboratory or Office. An office where the practice of dentistry is performed on patients for a fee. May include a laboratory where crowns, bridges or false teeth are made.
Massage Establishment. Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by State law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
Optician or Optometrist. A specialty office or clinic where eyes are examined and correctives lenses prescribed. Also may include the grinding and making of lenses and dispensing thereof.
Public Health Center. A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
Surgical Out-patient Facility. An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.
Aesthetician or Esthetician. An establishment whose services are provided by a person who holds a specialty license and who is authorized to practice skincare services including but not limited to facial treatments for acne, dermatitis and psoriasis, face and scalp massages, exfoliation, waxing, threading, body mask, and wraps as permitted and defined by the Texas Occupations Code. Such facility does not have to include physicians for the examination and treatment of ill and afflicted human patients.
MEDICAL LABORATORY.An area where medical testing and analysis are performed under sterile conditions to assist in diagnosis and treatment of illnesses.
METAL RECYCLING CENTER.An establishment that may provide a pick-up service for scrap metal and aluminum and/or metal cans. Also, may receive delivery of these items from individuals to the recycling center. Generally requires large outside storage areas.
MILK DEPOT, DAIRY OR ICE CREAM PLANT.A facility that homogenizes and pasteurizes milk and in addition to milk, produces other dairy products that may include cheese, cottage cheese, and ice cream.
MINI-WAREHOUSE (also termed Self-Storage).Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.
MINOR MEDICAL, EMERGENCY CLINIC.Generally a small clinic where medical doctors or medical personnel provide treatment of small wounds and/or illnesses that may require immediate attention.
MOBILE HOME.A structure constructed before June 15, 1976, which is designed to be transported in one or more sections that is built on a permanent chassis and used as a dwelling with or without a permanent foundation.
MOBILE HOME DISPLAY OR SALES (USED).The offering for sale, storage, or display of used trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
MOBILE HOME PARK.A parcel of land not less than five acres nor greater than twenty-five (25) acres which has been designed, improved, or intended to be used or rented for occupancy by one or more mobile homes or trailer houses in designated spaces.
MOBILE HOME SUBDIVISION.A parcel of land which has been designed, platted, improved, and is intended for the placement of individually owned mobile home units on platted lots which can be purchased outright by the owners of the mobile home units.
MODEL HOME.A dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
MOTEL OR HOTEL (AT LEAST 75 ROOMS).Large motel or hotel with 75 rooms or more and catering more to multi-night stays, with amenities such as lobby and lounge area, recreational facilities (swimming pool), meeting rooms, and places to dine.
MOTEL OR HOTEL (LESS THAN 75 ROOMS).Small motel or hotel with less than 75 rooms, catering to the on-the-road traveler who generally spends only one night. No extra amenities included.
MOTOR FREIGHT COMPANY.A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.
MOTOR VEHICLE.Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses.
MOTOR VEHICLE ELECTRICAL AND ELECTRONIC EQUIPMENT MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing and/or rebuilding electrical and electronic equipment for motor vehicles and internal combustion engines. This would include alternators and generators, ignition wiring harness, coils and ignition, instrument control panels, distributors spark plugs, electrical ignition cable sets, windshield washer pumps, and generators.
MOTOR VEHICLE PARTS MANUFACTURING.An industry engaged in manufacturing motor vehicle engines and gasoline motor vehicle engine parts such as carburetors, pistons, piston rings and valves. Also includes the manufacture of motor vehicle steering mechanisms and suspension, brake systems, transmissions and power train parts, air conditioning systems and compressors, as well as vehicle stampings such as fenders, tops, trim and molding.
MOTORCYCLE.A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance, motorbikes, ATVs, motorscooters, mopeds, and similar vehicles are classified as motorcycles.
MUFFLER SHOP.A business that installs mufflers, tailpipes, catalytic converters and resonators on autos and trucks. Could also include the installation of brakes, shocks and struts.
MULTIPLE-FAMILY DWELLING (APARTMENT).Three or more dwelling units on a single lot designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels.
NEWPAPER PRINTING.A printing company whose principal operation is of a commercial or industrial type use, involving the printing of newspapers.
NON-DISTURBANCE AREAS.Any area of a proposed subdivision or site within which no grading or other development activities will take place and which has been buffered for protection.
NONCONFORMING USE.A building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
NURSERY.An establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs, and trees, and other materials used in indoor or outdoor planting.
OCCUPANCY.The use or intended use of the land or buildings by proprietors or tenants.
OFF-STREET PARKING INCIDENTAL TO MAIN USE.Off-street parking spaces provided in accordance with the requirements specified by this Ordinance and located on the lot or tract occupied by the main use or within one hundred fifty feet (150') of such lot or tract and located within the same zoning district as the main use.
OFFICE CENTER.A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a coffee shop, newspaper or candy stand.
OFFICE SHOWROOM.An establishment with no more than twenty-five percent (25%) of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
OFFICE WAREHOUSE.An establishment with more than twenty-five percent (25%) of the total floor area devoted to storage and warehousing, but not generally accessible to the public.
OFFICES, PROFESSIONAL AND GENERAL BUSINESS.A room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.
OPEN STORAGE, DISPLAY, OR WORK AREAS FOR MERCHANDISE OR MACHINERY.The permanent and/or continuous keeping, displaying, or storing, outside a building it is connected with, of any unfinished goods, material, merchandise, or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as open storage. Usually requires a concrete storage lot or area.
OUTSIDE DISPLAY.Outside temporary display of finished goods specifically intended for retail sale but not displayed outside overnight.
OUTSIDE STORAGE.The permanent and/or continuous keeping, displaying, or storing, outside a building, of any unfinished goods, material, merchandise, or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as open storage.
PAD SITE.A platted lot at least 25,000 square feet in area but not more than 40,000 square feet in area that is created from a larger platted lot in a General Retail Zoning District on which a freestanding building (usually a bank, fast food outlet or similar use) associated with a larger retail center is constructed, where the side and/or the rear of the pad site face the front or side of the larger retail tract or lot.
PAINT SHOP.A commercial establishment where painting services are performed.
PALM READER/CARD READER.An individual who works out of a small shop and customers are invited to sit with the reader and are given the opportunity for the fortune teller to supposably reveal future event by "reading" the customer's palm or through the reading and interpretation of Tarot Cards.
PARCEL.Any unplatted or portion of an unplatted tract of land. (Also see "Tract")
PARK OR PLAYGROUND (PRIVATE).A recreation facility, recreation center, or park not owned or operated by a public agency such as a City or School District and available to the general public.
PARKING LOT.An off-street, ground level area, paved in accordance with City of DeSoto parking lot standards, for the temporary storage of motor vehicles.
PARKING LOT OR STRUCTURE, COMMERCIAL (AUTO).An area or structure devoted to the parking or storage of automobiles for a fee, may include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.
PARKING SPACE.See City of DeSoto Parking Lot Standards and Illustration 10, § A-6.
PATIO HOME (ZERO LOT LINE DWELLING).A lot which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private, use of the side yard, and permits construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.
PAWN SHOP.An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales also take place of primarily used items.
PERMANENT COSMETIC APPLICATION.The practice of producing an indelible mark that is specifically applied to the eyebrows, eyelids, and lips, using either traditional tattoo equipment or a pen-type applicator.
PERSONAL SERVICE SHOP.Establishments primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and reducing salons/health clubs.
PET AND ANIMAL GROOMING SHOP.A retail establishment offering small animals, fish or birds for sale as pets and where such creatures are housed within the building, including the grooming of dogs, cats and similar animals.
PHARMACEUTICAL AND MEDICINE MANUFACTURING.This industry comprises establishments primarily engaged in one or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) manufacturing pharmaceutical products intended for internal and external consumption in such forms as ampoules, tablets, capsules, vials, ointments, powders, solutions, and suspensions.
PLANNED DEVELOPMENT DISTRICT.Planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated or integral land use units either by a single owner or a combination of owners.
PLANNING & ZONING COMMISSION.A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the City Council. Also referred to as the "Commission."
PLAT.A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of DeSoto and approved by the City of DeSoto and recorded in the plat records of Dallas County.
PLAYFIELD OR STADIUM (PRIVATE).An athletic field or stadium owned and operated by an agency other than the City of DeSoto or DeSoto Independent School District.
PLAYFIELD OR STADIUM (PUBLIC).An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
PLUMBING SHOP.A shop where plumbing fixtures, fittings, and pipes are stored for use in the residential or commercial applications. Shops may require outside storage yards for necessary equipment.
PORTABLE BUILDING SALES (OUTDOOR DISPLAY).An enterprise where portable buildings are displayed on an outdoor lot for sale. Occasionally, the portable buildings are constructed on the sales lot, but more frequently they are constructed on the customer's property.
PREMISES.Land together with any buildings or structures situated thereon.
PRIMARY USE.The principal or predominant use of any lot or building.
PRINTING COMPANY.An establishment whose business includes small printing jobs such as stationery, invitations, announcements, business cards, labels, etc. Reproducing copies on a copy machine and photocopying.
PRIVATE CLUB.An establishment providing dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of Title 3, Chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
PRODUCE STAND.A seasonal use for which the primary purpose and design is to sell fruit, vegetables, and similar foods. No cooking of produce occurs on the site.
PROFESSIONAL SERVICE.Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.
PROPANE SALES (RETAIL).Includes a business office, above ground outside storage tanks, and propane delivery trucks. Also includes onsite facility for filling of small propane bottles, trucks and/or automobiles that use propane as an alternate fuel and the re-filling of the delivery trucks.
PROTECTED TREE.A tree of any species that is not classified as unprotected in this article that is at least ten (10) inches in caliper measured four and one-half feet (4-1/2) above natural grade or a tree that was planted as a replacement tree.
PUBLIC BUILDING, SHOP OR YARD OF LOCAL, STATE OR FEDERAL AGENCY.Facilities such as office buildings, other than City Hall, Library, Police or Fire Station, maintenance yards and shops required by branches of Local, State or Federal Agencies for service to an area such as Highway Department yard, City Service Center or Experiment Station.
PUBLIC OR MUNICIPAL BUILDING OR FACILITY.Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the State of Texas, the United States, the City of DeSoto, or any subdivision or agency of the State of Texas, the United States or the City of DeSoto, or other public utility or agency.
PUBLIC VIEW.Public view means areas that can be seen from the closest public street.
RADIO OR TELEVISION BROADCASTING.A radio or television station where the broadcasting of radio or television programming takes place. Usually an antenna is located on the premises.
RADIO, TELEVISION OR MICROWAVE TOWER.Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
REAL ESTATE OFFICE.An office space where transactions are conducted for the buying and selling and/or leasing of residences, buildings, and property.
RECREATION CENTER.A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
RECREATIONAL VEHICLE (RV).A portable or mobile living unit used for temporary human occupancy away from the place of permanent residence of the occupants and self propelled (motorized). Also see heavy load vehicle. A recreational vehicle park is an area or commercial campground for RVs and similar vehicles or trailers to reside, park, rent, or lease on a temporary basis.
REHABILITATION CARE FACILITY (HALFWAY HOUSE).A dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
REHABILITATION CARE INSTITUTION.A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.
RESIDENCE.Same as a dwelling; also, when used with District, an area of residential regulations.
RESIDENCE HOTELS.A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this ordinance.
RESIDENTIAL PAD SITE.The building area footprint for the main structure of a single-family residential home.
RESORT/SPA.means a building or group of buildings providing overnight or temporary lodging accommodations, or guest rooms for not more than 15 guests for compensation on daily rate to the general public and providing: full food and beverage service for three meals per day; an on-site restaurant with table service provided primarily by waitpersons with full menu service offering entrees with on-site food preparations; health and recreational services and facilities which may include swimming, weight control or muscle building equipment or apparatus for the purpose of physical fitness, message, exercise and related activities, spas, and saunas.
RESTAURANT OR EATING PLACE (DRIVE-IN SERVICE).An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
RETAIL or SERVICE, INCIDENTAL.The rendering of retailing or services incidental to the primary use. In the Office District such uses may include a barber or beauty shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than 15% of the main use.
RETAIL TOBACCO STORE.A retail store that is dedicated primarily (over 50 percent of quarterly sales) to the sale of tobacco products such as cigars, pipe tobacco and cigarettes. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are mainly incidental to the sale of tobacco products.
RODEO GROUNDS.A public gathering place for Rodeo activities in which there are performances of riders with horses and generally involving cattle. The area may involve various cattle pens, barns or shelters. Parking generally would involve double drive-through spaces for participants with trucks pulling horse trailers and standard parking for spectators.
ROLLER OR ICE RINK.A public gathering place for activities related to roller-skating or ice skating having either or both a dry skating surface or an ice rink. May include lessons and training for figure skating or ice hockey.
ROOM.A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.
RV PARK.An area of land with improvements to allow parking spaces for recreational vehicles, also providing for hook-ups such as water, sewer, and electricity. Public restrooms and laundry facilities are generally provided.
RV/CAMPER SALES.An establishment that sells new and used travel trailers, motorhomes, campers and similar recreational vehicles.
SCHOOL, BUSINESS.A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
SCHOOL, COMMERCIAL TRADE.A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.
SCHOOL, DRIVING/DEFENSIVE DRIVING.A training school for learning to operate a motor vehicle safely, including classroom study and actual on-hands driving. Also may include training classes to teach persons to become safer drivers through appropriate defensive actions.
SCHOOL, PRIVATE, PRIMARY OR SECONDARY.A school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools.
SCHOOL, PUBLIC OR PAROCHIAL.A school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools.
SCHOOL, RELIGIOUS TRAINING AND INSTRUCTION.A facility or campus where individuals go for religious training and instruction, such as a Religious School, Seminary or a Missionary Training Center. This use may include, but is not restricted to, classrooms, dormitories, employee housing, administration facilities, meeting facilities such as a gymnasium, auditorium, or sanctuary, or other facilities normally associated with, and in support of, the activities of such use.
SCREENED.Shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature.
SEARCH, DETECTION, NAVIGATION, GUIDANCE, AERONAUTICAL, AND NAUTICAL SYSTEM AND INSTRUMENT MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing search, detection, navigation, guidance, aeronautical, and nautical systems and instruments. Examples of products made by these establishments are aircraft instruments, flight recorders, navigational instruments and systems, radar systems and equipment, and sonar systems and equipment.
SEASONAL USES.Seasonal uses include the sale of Christmas trees, produce stands, and other temporary uses which occur at certain times of the year.
SERVANT'S QUARTERS OR GUEST HOUSE.An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full time basis as domestic help, such as a maid, yard man, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections.
SEWAGE PUMPING STATION (PUBLIC).DeSoto has no treatment facility, the closest definition would be of a Sanitary Sewer Lift Station which is a Sewage Pumping Station.
SEXUALLY ORIENTED BUSINESS.An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center as those term are defined as follows:
a. Adult Bookstore or Adult Video Store. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions slides, or other visual representations which depict or describe 'specified sexual activities' or 'specified anatomical areas'; or
Instruments, devices, paraphernalia which are designed for use in connection with 'specified sexual activities.'
Adult Cabaret. A nightclub bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of 'specified anatomical areas' or by 'specified sexual activities'; or
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of 'specified sexual activities' or 'specified anatomical areas.'
Adult Motel. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of 'specified sexual activities' or 'specified anatomical areas'; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion picture, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of 'specified sexual activities' or 'specified anatomical areas.'
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of 'specified sexual activities' or 'specified anatomical areas.'
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to hire escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Nude Model Studio. Any place where a person who appears in a state of nudity or displays 'specified anatomical areas' is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SHOPPING CENTER.A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
SINGLE-FAMILY DWELLING (ATTACHED).A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot line. Also termed "Townhouse."
SINGLE-FAMILY DWELLING (DETACHED).A dwelling designed and constructed as a free standing structure for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.
SMALL DISCOUNT VARIETY STORE.A retail store with a floor area less than 15,000 square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including but not limited to household products, food/beverages, personal grooming/health products, and other consumer good, but, does not contain a prescription pharmacy, sell gasoline/diesel fuel, or primarily sell specialty food items (e.g. meat, seafood, cheese, or oils and vinegars).
SMALL ENGINE REPAIR SHOP.Shop for repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.
SMALL WIND ENERGY SYSTEM.A machine for converting the kinetic energy in wind into mechanical energy for the purpose of generating electricity. A small wind energy system serves improvements on one lot, only, and consists of a rotor (blades) and a tower (structure on which the blades are mounted).
SMOKING PARAPHERNALIA ESTABLISHMENT.A retail store dedicated to the sale, distribution, delivery, furnishing of Smoking Paraphernalia, from one person to another. Smoking Paraphernalia shall mean paraphernalia, devices, or instruments that are designed of manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in the Texas Health and Safety Code Chapter 481. Smoking Paraphernalia includes but is not limited to pipes, bongs and hookahs. Smoking Paraphernalia does not include lighters, matches, cigarette holders, and device used to store or preserve tobacco, tobacco cigarettes, cigarette papers or cigars.
SOAP AND CLEANING COMPOUND MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing and packaging soap and other cleaning compounds, surface active agents, and textile and leather finishing agents used to reduce tension or speed the drying process.
SPORTS FACILITY (INDOOR).An indoor structure that provides training facilities for a variety of sports including, but not limited to, gymnastics, basketball, ice hockey, soccer, football, wrestling/martial arts, tennis, volleyball, swimming, racquetball and handball. This facility could also provide for indoor league sports and competitions. A health and fitness facility, indoor jogging or running tracks as well as meeting rooms for conferences and parties could also be part of the use. A snack bar, associated minor retail sales, and other support facilities are also permitted provided they are secondary to the primary uses listed above.
STABLE, (COMMERCIAL).A stable used for the rental of stall space or for the sale or rental of horses or mules.
STABLE, (PRIVATE).An area used solely for the owner's private purposes for the keeping of horses, mules or ponies, and not kept for remuneration, hire or sale.
STORY.That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables, and other normal roof structures.
STORY, HALF.A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET.Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').
STREET YARD.The area between the building front line and the front property (right-of-way) line.
STREET, INTERSECTION.Any street which joins another street at an angle, whether or not it crosses the other.
STRUCTURAL ALTERATIONS.Any change in the supporting members of a building, such as load bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE.Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of Building).
STUDIO, DECORATOR, ARTIST, PHOTOGRAPHER.Includes, but is not limited to, an establishment which provides services and work areas for an interior decorator, an artist or a photographer. The facility may include an area to display the work of each profession and generally includes an area for consultations and ordering of work to be performed or payment for work or items completed.
STUDIO, HEALTH AND REDUCING OR SIMILAR SERVICE.Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.
STUDIO, MUSIC, DANCE, OR DRAMA.Includes, but is not limited to, an establishment that provides facilities for instruction/classes in music, dance, and/or drama. Such facilities may include such accessory uses as food service, sales of sundries and apparel, child care services, provided that such accessory services are clearly incidental to the primary use and are for the use of the studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.
SURGICAL AND MEDICAL INSTRUMENT MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing medical, surgical, ophthalmic, and veterinary instruments and apparatus. Examples of products made by these establishments are syringes, hypodermic needles, anesthesia apparatus, blood transfusion equipment, catheters, surgical clamps, and medical thermometers.
SURGICAL APPLIANCE AND SUPPLIES MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing surgical appliances and supplies. Examples of products made by these establishments are orthopedic devices, prosthetic appliances, surgical dressings, crutches, surgical sutures, personal industrial safety devices, hospital beds, and operating room tables.
SWIM, TENNIS OR HANDBALL CLUB.A club offering swimming, tennis, and/or handball, but not a private club and not part of a municipal public recreational system, but where the facilities are available to the general public for a membership fee.
SWIMMING INSTRUCTION AS A HOME OCCUPATION.The teaching of swimming in a private swimming pool. In a residential area, the offering of swimming instruction in a private pool is subject to the approval of a Specific Use Permit which may specify operating conditions and standards and may limit the number of students and operating time.
SWIMMING POOL (COMMERCIAL).A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.
SWIMMING POOL (PRIVATE).A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with Article
3.500, Uniform Swimming Pool, Spa and Hot Tub Code of the City of DeSoto Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
A permanent, non-dwelling building, where tattooing and body piercing is performed. Tattooing shall be defined as the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. Body Piercing shall be defined as the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.
TAXIDERMIST.An individual engaged in the art of preparing, stuffing, and mounting the skins of animals and animal vertebrates.
TEEN CLUB.An establishment within an enclosed building which typically caters to persons between the ages of fourteen (14) and eighteen (18), and may include such features as a dance floor, lounge area, live music and snack bar.
TELEPHONE BUSINESS OFFICE.A business office whose primary function is to establish new accounts, prepare billing statements and take payments for telephone services.
TEMPORARY.Used or lasting for only a limited period of time; not permanent.
TEMPORARY BUILDING.Any nonresidential pre-manufactured structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.
TEMPORARY FIELD OFFICE OR CONSTRUCTION YARD OR OFFICE.A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one (1) year for a specific time and location as determined may be issued by the Building Official and shall be subject to review and renewal for reasonable cause.
TEMPORARY OUTDOOR RETAIL SALE/COMMERCIAL PROMOTION.An outdoor retail sale or commercial promotion, not in excess of thirty (30) days during any twelve (12) month period, adjacent to an existing permanent business operated in the City where the products displayed or sold outdoors are the same as those sold inside the existing permanent business and where such activity is incidental to the normal conduct of business operated by the same merchant or his employer in an on-site building for which a valid certificate of occupancy exists and when permitted by the City. A temporary outdoor retail sale/commercial promotion shall be limited to a total of thirty (30) days during any twelve (12) month period.
TENNIS COURT, PRIVATE.A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the Specific Use Permit.
THEATER (OPEN DRIVE-IN).An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
THEATER OR PLAYHOUSE (INDOOR).A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.
TINSMITH/SHEET METAL SHOP.A shop where flat sheets of metal are shaped into three-dimensional objects and soldered, brazed or welded.
TOOL AND LIGHT EQUIPMENT RENTAL (INDOOR).A building or a portion of a building used for the display and rental of hand tools and light equipment (i.e., hand-held auger, walk-behind trenching machine, lawn mower, tillers, weed eaters, edgers, chain saws, etc.).
TOWING AND IMPOUND YARD.Establishment that provides for the temporary storage of vehicles that have been towed, but does not include disposal, salvage, or accessory storage of inoperable vehicles. This use does include the parking of vehicles used for towing on site.
TOWING SERVICE, NO STORAGE.Establishment that provides for the removal of vehicles but does not include temporary storage, disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles.
TRACT.A single individual parcel or lot.
TRADE AND COMMERCIAL SCHOOLS.Establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art or occupation.
TRAILER AND HEAVY LOAD VEHICLE REPAIR.Repair shop for heavy-load trailer and heavy-load vehicle repair to include gasoline and diesel engines, usually requiring a large concrete parking lot.
TRAILER OR MOBILE HOME SPACE.A plot of ground within a mobile home park, trailer court, or mobile home subdivision designed for the accommodation of one mobile home.
TRAILER RENTAL.The display and offering for rent of trailers designed to be towed by light load vehicles.
TRAILER, HAULING.A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
TRAILER, TRAVEL OR CAMPING.A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants and not constituting the principal place of residence of the occupants or designed to be towed behind another vehicle.
TRANSPORTATION AND UTILITY STRUCTURES/FACILITIES.Permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.
TREE REMOVAL MITIGATION PERMIT.An official written City authorization issued by the Planning and Zoning Division to allow removal of any tree that is regulated within this section.
TREE SURVEY.A survey plan sealed by a qualified professional, indicating location, size, and species of all trees that are at least ten (10) inches in caliper measured at DBH above natural grade on a property.
TROPHY SALES AND ENGRAVING.A shop that displays and sells various types of trophies (desktop, wall-mounted, etc.) and offers an engraving service or may send the trophies out to have the engraving done.
TRUCK.A light or heavy load vehicle (see definition for light and heavy load vehicle).
TRUCK AND BUS LEASING.The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.
TRUCK AND BUS REPAIR.An establishment providing major and minor automobile repair services to heavy load vehicles.
TRUCK STOP WITH FUEL AND ACCESSORY SERVICES.Any building, premises, or land in which or upon a business, service, or industry involving the maintenance, servicing, or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles, the sale of accessories or equipment for truck and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities solely for the use of truck crews.
TRUCK TERMINAL.An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.
UNPROTECTED TREE.Any tree of the following species regardless of size; or other trees approved by the Planning Manager:
Bois d'arc | Maclura pomifera |
Cottonwood | Populua deltoids |
Hackberry/Sugarberry | genus Celtis |
Honey Locust | Gleditsia tracanthos |
Mesquite | genus Prosopis |
Mimosa | Albizia julibrissin |
Mountain Cedar | Juniperus ashei |
Mulberry | genus Morus |
Silver Maple | Acer saccharinum |
White Poplar | Poplus alba |
An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation and meets the requirements of Section 23R and S [Section 24.6R and 24.6S].
USE.The purpose for which land or buildings are or may be occupied in a zoning district.
USED CLOTHING STORE.A store that displays and sells pre-worn clothing and may display and also sell used household items or small appliances.
UTILITY DISTRIBUTION/TRANSMISSION LINES.Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the City or private utility company.
VACUUM CLEANER SALES AND REPAIR.A shop that displays vacuum cleaners for sale and offers repair of those vacuum cleaners and may include repair of several types and other brand name vacuum cleaners.
VARIANCE.An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the City of DeSoto can grant a variance.
VETERINARIAN CLINIC.An establishment where animals and pets are admitted for examination and medical treatment. (Also see Kennels)
WALLPAPER, FLOORING, AND CARPET STORE.An establishment that deals primarily with the retail sales and the installation of wallpaper, flooring, and/or carpet. General application may include residential, retail, commercial or office uses.
WATER STANDPIPE OR ELEVATED WATER STORAGE.Standpipes are part of the internal construction of elevated storage facility (water tower). Elevated storage is a facility where water is pumped to an elevation higher than the pumping source and distribution is by gravity flow.
WATER TREATMENT PLANT.A raw water treatment facility that produces potable water for domestic and commercial use.
WEDDING, BANQUET, & PARTY FACILTY (INDOOR).A facility or structure where wedding ceremonies and receptions are held, as well as banquets, parties, seminars, family reunions, or other similar gatherings. Use may include kitchen and meeting rooms. Recorded music or live bands may provide music for various occasions. All activities take place indoors.
WEDDING, BANQUET, & PARTY FACILTY (INDOOR/OUTDOOR).A facility where wedding ceremonies and receptions are held either indoors or outdoors. These facilities are also used for banquets, parties, seminars, family reunions, or other similar gatherings. Use may include kitchen and meeting rooms. Recorded music or live bands may provide music for various occasions both indoors and outdoors. The use must include a building and can not be an outdoor use only.
WELDING OR MACHINE SHOP.A shop were the process of uniting two metallic parts by heating the metals and allowing them to flow together, (i.e. a weld) occurs. In addition, the process of changing the shape of preformed metal pieces through the use of metal lathes occurs.
WINERY.Winery shall mean the manufacturing, bottling, labeling and packaging of wine containing not more than twenty-four percent (24%) alcohol by volume from grapes, fruits and berries grown on-premise or imported, and to include the manufacturing and importation of grape brandy for fortifying purposes only. Wine sales may be to holders of wholesaler's permits, winery permits, wine bottlers permits. Retail sales to ultimate consumers in unbroken packages for off-premise consumption may not exceed an amount of 25,000 gallons annually. A winery may include the following accessory uses; a tasting room to dispense wine for on-premise consumption; meeting/banquet facilities; restaurants and retail sales area of wine for off-premise consumption.
WOOD MILLWORK (INCLUDING FLOORING).This industry comprises establishments primarily engaged in manufacturing millwork (except wood windows, wood doors, and cut stock). This includes clear and finger joint wood moldings manufacturing, stairwork [e.g., newel posts, railings, stairs, staircases], decorative wood moldings [e.g., base, chair rail, crown, shoe] manufacturing, wood flooring manufacturing, ornamental woodwork [e.g., cornices, mantel] manufacturing, and wood shutters manufacturing.
WOOD WINDOW AND DOOR MANUFACTURING.This industry comprises establishments primarily engaged in manufacturing window and door units, sash, window and door frames, and doors from wood or wood clad with metal or plastics.
WRECKING YARD (JUNKYARD OR AUTO SALVAGE).Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.
YARD.An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used. (See Illustration 6, § A-6 for example)
YARD, FRONT.A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. (See Illustration 6, § A-6)
YARD, REAR.The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See Illustration 8, § A-6)
YARD, SIDE.The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (See Illustration 8, § A-6)
YOUTH SHELTER.A State licensed establishment of a public nature where a group of boys and or girls, under 18 years of age, are housed for an extended period of time and cared for when they have no other place to live."
ZONING DISTRICT.A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.
ZONING DISTRICT MAP.The official map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. (See Section 3, Zoning District Map and Section 4, Zoning District Boundaries).
ZOO (PRIVATE).A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.
ZOO (PUBLIC).A publicly owned zoo or similar facility owned and operated by the City or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.
(Ordinance 417 as amended through 2/7/2017; Ordinance 2208-20 adopted 9/15/2020; Ordinance 2248-21 adopted 10/19/2021; Ordinance 2252-21 adopted 11/2/2021)
