Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the District Regulations.  In all districts, one additional foot of height above the specified height limitation shall be permitted for each foot of additional yard provided over the minimum requirement on all sides of the lot or tract.

A.    Minimum Yard Requirements: The yard requirements heretofore established in all districts other than the “R-A” Rural Agriculture and “R-0” Residential Suburban District shall be adjusted in the following cases: (Ord. 2237)

(1)   Where the property fronts on a collector or an arterial street, as identified in the De Soto Comprehensive Plan, the required front yard shall be modified as follows:

(a)   Arterial Street:  The front yard setback shall be measured from the centerline of the street and shall be equal to the requirement of the particular zoning district plus 50 feet.

(b)   Collector Street:  The front yard setback shall be measured from the centerline of the street and shall be equal to the requirement of the particular zoning district plus 40 feet.

(2)   Where the property fronts on two intersecting streets (a corner lot or tract), such lot or tract shall maintain a front yard setback on both streets, except in the following cases:

(a)   Where no lots within the same block front on one of the two intersecting streets, the side yard requirement along such street shall be 15 feet, subject to the provisions of paragraph (1).a. above.

(3)   Double frontage lots/tracts shall maintain the required front yard setback along both frontages.

(4)   Where 50 percent or more of the frontage on one side of a street between two intersecting streets is developed with structures that have observed a front yard greater than required, then:

(a)   Where a structure is to be erected on a lot or tract that is within 100 feet of existing structures on both sides, the minimum front yard setback shall be a line drawn between the two closest front corners of adjacent structures on the two sides; or,

(b)   Where a structure is to be erected on a lot or tract that is within 100 feet of an existing structure on one side only, such structure may be erected as close to the street as the existing adjacent structure.

B.    Minimum Yard Requirements: The yard requirements heretofore established in all districts, except the “R-A” Rural Agriculture District, shall be adjusted in the following cases: (Ord. 2237)

(1)   Where a site abuts property zoned for a higher or lower intensity use and adequate additional depth is available, additional yard depths may be required.   In no case shall a depth more than 1.5 times that of the zoning district’s minimum yard depth be required.

(2)   When abutting property containing a non-conforming structure which does not comply with the yard requirements which are applicable to new structures in the zoning district in which it is located and which is located along the abutting property line, additional setback may be required.  In no case shall the additional required setback be more than the total setback required for new development in each district.

Unless otherwise provided, no accessory structure or use shall be erected in any required or established front yard, and all accessory structures must meet the set-back requirements for the zoning district in which they are located. No detached accessory structure shall be erected closer than ten feet to the principal structure on the lot or tract. No accessory structure shall cover more lot or tract area than the equivalent of 30 percent of the required rear yard. (Ord. 2091)

Accessory Structures in nonresidential districts are subject to site plan review.

The following accessory structures and uses shall be allowed in any residential zoning district in connection with any permitted principal use:

A.    One structure for storage incidental to a permitted use; provided, however, that no storage structure that is accessory to a residential building shall exceed 200 square feet in gross floor area, the use shall be in keeping with the principal structure, and no part of such structure shall be located in the front, side or rear yard setback for the applicable zoning district, except that the side or rear setback need not exceed 10 feet.

(Ord. 2091; 2207)

B.    One children’s playhouse, provided it is not used for storage, not more than 120 square feet in gross floor area, and not located in the primary front yard for the applicable zoning district. On a corner lot, if the playhouse is placed in an established side yard, the setback need not exceed 10 feet.

(Ord. 2091; 2207; Ord. 2604)

C.    A detached garage or other accessory structure commonly associated with the main use of the site is allowed in any zoning district, consistent with the following criteria: (Ord 2091)

(1)   Except for agricultural accessory structures on lots/tracts greater than ten (10) acres in the “R-A” District (Ord. 2237), no detached garage or other accessory structure shall be greater in gross floor area than ten percent of the lot or tract area .For these purposes, the gross floor area for the principal structure and the accessory structure shall be based only on the footprint of the structure, and shall not include multiple stories or finished basement or attic spaces. (Ord. 2091)

(2)   In the “R-A” District, on lots/tracts that are greater than ten (10) acres, there shall be no maximum limit for accessory agricultural structures used only for agricultural purposes.

(3)   Maximum Accessory structure size and number of accessory structures, as defined in section C in all residential districts shall be determined by the following table:

 

(4)   For the purpose of accessory structure size calculations, all accessory structures on the subject tract, except for accessory agricultural structures on lots/tracts greater than ten (10) acres in the “R-A” District (Ord. 2237), shall count toward the total gross floor area accessory structure size allowance. (Ord. 2091)

(5)   In the “R-A” District there are no limits on the number of accessory agricultural structures and accessory agricultural structures do not count toward the established limit if the tract/lot is greater than ten (10) acres. (Ord. 2237)

All attached garages or other attached accessory structures must be an integral part of the overall design and made structurally a part of the primary building. Except for an accessory agricultural structures on lots/tracts greater than ten (10) acres in the “R-A” District (Ord. 2237), all unattached accessory structures greater than 900 square feet in size shall be made an integral part of the overall design and shall be constructed to the same standards as the primary structure. (Ord. 1152)

Except for an accessory agricultural structure on lots/tracts greater than ten (10) acres in the “R-A” District (Ord. 2237), no structure shall exceed 12 feet in height at the sidewall unless meeting the following criteria:

(1)   The accessory structure’s sidewalls do not exceed the height of the primary structure’s sidewalls;

(2)   The accessory structure does not exceed the height of the primary structure or the height of the primary structures on abutting sites;

(3)   The structure is complementary to the scale, proportion and design of the surrounding structures;

(4)   A sidewall height of 20 feet is not exceeded in an “R-A” District, an “R-0” District or a non-residential district; and

(5)   A sidewall height of 16 feet is not exceeded in any other residential zoning district.

D.    A private swimming pool and bathhouse, provided that such pool shall meet the City building code. A ten-foot setback requirement from pool wall to property line onside and rear property lines, no setback requirements for concrete from property lines, and a ten-foot minimum setback from pool wall to house structure. (Ord. 2605)

E.    Statuary, arbors, trellises, flagpoles, walls and hedges shall be allowed within the required setback areas.

F.    Signs, when permitted by these regulations and by the individual district regulations.

G.    Off-street parking and loading spaces, as permitted by these regulations.

H.    Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office structure.

I.     Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial structure.

J.     Storage of equipment such as boats, boat trailers, camping trailers, or buses or trucks converted to personal use; except that storage of such equipment shall be allowed within required rear yards and within established side yards if placed upon a hard surface as defined in the off-street parking regulations.  Such uses shall not include the outdoor storage or parking of commercial trucks or buses which exceed a three-ton manufacturer’s rating hauling capacity in a residential district.

K.    Satellite dish antennas, except that such accessory structure shall be setback from all lot or tract lines, and from the front yard setback lines, a distance no less than its height; and if roof mounted, shall not be visible from any public right-of-way if practical.

L.    Home occupations subject to limitations set forth in Section 12 of this article.

M.   Occasional Sales.  Garage, yard or porch sales, rummage and tag sales are allowed in any residential zoning district.  A household may sell used goods, furnishings, personal effects, clothing, handmade crafts and similar items from the resident’s garage or property.  An individual sale shall take place during daylight hours, it may not exceed four consecutive days in duration, and no more than two such sales are allowed during any one calendar year per household—not including any such citywide sale.  (Ord 2267)

N.    Sports, recreational or play equipment located on residential lots/tracts or in private open space areas that exceed six (6’) feet in height shall be setback a minimum of five (5’) feet from the property line.  Such use may include batting cages, jungle gyms, swing sets and similar items.

O.    Permanently installed recreational courts and/or sports fields whether for individual residential use or for neighborhood use, shall require site plan approval.  Such use may include tennis or volleyball court, baseball, football, soccer, hockey or other type sports field.

P.    Fences subject to the limitations set forth in Section 11 of this Article.

(Ord. 2353)

Accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located, but no accessory structure shall be constructed and occupied on any lot or tract prior to the time of the completion of the construction of the principal structure to which it is accessory.

No accessory structure shall be used for residential purposes except for on lots/tracts greater than ten (10) acres in the “R-A” District and as defined in Article 2 Rules and Definitions, Accessory Dwelling. (Ord. 2237)

Where a lot or tract is used for other than single-family residential purposes, more than one principal use and structure may be located upon the lot or tract, but only when the structure or structures conform to all requirements for the district in which the lot or tract is located.

On a corner lot or tract in any district, except “C-1”, development shall conform to the requirements of the sight triangle as defined by this regulation.

No land that is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any business or industrial district.

Temporary or permanent outdoor seating facilities may be permitted by a Temporary Right-of-Way Use Permit.  Permit applications are available in the Community Development Department.  The City Engineer may require additional information, including but not limited to: a survey performed by a licensed professional; a building materials list; a building plan drawn to scale; and approval of a Building Permit by the City Building Inspector.  Temporary Right-of-Way Use permits may only be granted by the Planning Commission and only under the following circumstances:  (Ord. 2107; 2139)

(1)   The applicant’s property is located in the ‘C-1’ Central Business zoning district.

(2)   The applicant’s land use is designated as “Food Service – Alcohol or Malt Beverage Sales Less than 50% of Total Sales” in Appendix A: Permitted Uses by District of these Regulations.

(3)   If the applicant is not the owner or tenant of the land adjoining the right-of-way sought to be used, the permit must be accompanied by a letter from such owner or tenant consenting to such use of the adjoining right-of-way.

(4)   An 8-foot wide, unobstructed, ADA compliant pedestrian way is maintained.

(5)   The outdoor seating area must be a well-defined space, designed and serviced to keep debris from blowing off the premises.

(6)   The applicant agrees to the following conditions, as set forth on the Temporary Right-of-Way Use Permit, by signature on same:

a)    The applicant is responsible for removing tables, chairs, and any other temporary or permanent structures from the right-of-way within 48 hours of notification by a City Official.

b)    In the event that the right-of-way is damaged as a result of the placement of structures within it by the applicant, the applicant is responsible for repairing and returning the right-of-way to its original state within one (1) month of notification by a City Official.

(7)   The term of the permit shall be no longer than two years subject to renewal.

(Entire Section Revised--Ord 2139; also see Ord 2267)

A.    Statement of Purpose. The purpose of this Section is to provide for and govern the approval and operation of the temporary use of land. This Section further intends to ensure that such temporary uses are consistent with the normal use of the subject site and beneficial to the general welfare of the public. Furthermore, it is the intent of this Section to protect nearby property owners, residences and businesses from temporary uses which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use. Finally, it is the purpose of this Section to preserve the public health, safety and welfare.

B.    Temporary Uses Permitted. No land shall be used for temporary purposes except as defined and specified herein. The following uses are exclusive. Uses not defined herein shall not be permitted as temporary uses.

(1)   Fundraising or Non-Commercial Events: Events for nonprofit religious, educational, community or civic organizations including car washes, rummage sales, bake sales, and similar activities.  A Permit is not required for such organizations holding fundraising events on their own private property.

(2)   Christmas Tree Sales and other Outdoor Seasonal Sale of Harvestable Goods Associated with Major Holidays:  The sale or display and sale of Christmas trees, garland, wreaths, pumpkins, and other holiday related harvestable goods or produce.

(3)   Outdoor Produce and Harvestable Goods: The sale and display of seasonal produce or harvestable goods, including fruits and vegetables, house plants and annual or perennial bedding plants, ground covers, bulbs and related small plant materials. This shall not include sale of general landscaping materials, including sod, trees or shrubs.

(4)   Outdoor Seasonal Displays: The sale and display of seasonal merchandise and products such as gardening supplies or lawn furniture.

(5)   Promotional Activities or Devices: Activities or devices intended to attract attention to a specific merchandise, services or product lines, such as outdoor displays, entertainment or activities, including hot air balloons or other large inflatable objects, searchlights, rows of pennants or flags, vehicles or trailers used primarily for advertising display and secondarily for transportation, ‘air dancers’ or similar vinyl tubes with blower systems, or other, similar promotional displays or activities.

(6)   On and Off-Site Construction Structures and Storage: Contractor’s offices and equipment sheds accessory to a construction project.  Such structures cannot contain sleeping or cooking accommodations.

(7)   On-Site Construction Housing: Temporary housing, including a basement, garage, camper or manufactured home utilized by full-time, regular workers during construction of the principal residential structure.

(8)   Real Estate Office: Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development.

(9)   Recycling or Material Collection Vessels: For collection of recyclable materials.  Such vessels shall meet minimum zoning district yard setbacks and shall be screened from view of all adjacent residentially zoned properties or existing residential uses.

(10) Camping Trailers and Recreational Vehicles: Camping Trailers as defined in 4-801 of Chapter 4 of the De Soto City Codes and recreational vehicles, which are hereby defined as vehicular type units primarily designed as temporary living quarters for recreational camping or travel uses and which have their own motive power, may be temporarily used as an overnight residence in areas of the City which are not considered camp grounds or trailer parks. (Ord. 1119)

(11) Emergency Relief Housing: Housing, including manufactured homes, mobile homes, campers, trailers, or recreation vehicles for the purpose of providing temporary housing following a disaster, such as fire, tornado or flood.

(12) Commercial Activities:  Activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as tent sales, sidewalk sales, trade shows, auctions, flea markets, or swap meets.

(13) Public Events: Events primarily for public entertainment or amusement such as parades, group runs or walks, carnivals, concerts or festivals, or arts and crafts shows operated separately or in conjunction with other activities such as sales by merchants for vendors which take place primarily on public property, city parks, or in a city rights-of-way.

(14) Semi-Public  Events:  Events open to the public  for  entertainment,  amusement, or fund raising such as, carnivals, motorcycle runs, concerts, contests, festivals, or arts and crafts shows operated separately or in conjunction with other activities such as sales by merchants for vendors which take place primarily on privately-owned property.

C.    Permit Process, Regulations and Duration.

(1)   General Requirements. Temporary Use permits shall be issued only if all the following general criteria are met:

(a)   Parking and Traffic Control. Adequate off-street parking with an approved surface shall be provided for customer vehicles outside the roadway improvement area.  The temporary use shall not cause undue traffic congestion or additional accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.

(b)   Adequate Sight Distances. Structures or product displays shall not be placed inside the visual sight triangle at intersections. Adequate sight distances shall be available for vehicles entering and leaving the temporary use site.

(c)   Nuisances. Noise, odor or light emissions from the site shall not present an interference with the enjoyment or use of the property or a hazard to adjoining properties or public ways. Unless otherwise approved by the Governing Body, all uses shall be subject to all applicable lighting and noise regulations of the City.

(d)   Waste Disposal. Adequate provision for sanitary waste and trash disposal shall be provided by the applicant. Trash, rubbish and waste products shall be removed from the premises daily.

(e)   Utilities. Utility services provided shall comply with applicable building, electrical, plumbing, fire, safety, sanitation, public health and other codes, laws or regulations applicable to the use and shall be installed only under permits obtained as required by such codes.

(f)   Fire Protection.  Any structure used in conjunction with the temporary use may be subject to inspection by the Fire Chief.

(g)   Site Clean Up. The site shall be cleaned up and restored to its previous condition upon expiration of the Temporary Use Permit.  If the site is not returned to its previous condition, the City may restore the site at the event coordinators expense.

(2)   Specific Temporary Use Regulations. Uses shall be subject to the following standards and conditions in addition to the General Requirements defined within Subsection C above.

(a)   Garage, Yard or Porch Sales, and Estate Sales or Auctions.

(i)    Location. Entirely on private property located in any residential district.

(b)   Fund Raising or Non-Commercial Events.

(i)    Location. Entirely on private property with the approval of the property owner as evidenced by written permission.

(ii)   Structures. Any structure used in conjunction with the use/event shall meet applicable yard setbacks, shall be subject to valid building permit, and shall be promptly removed upon completion of the event. No motorized rides shall be provided.

(iii)  Hours of Operation. The event shall be restricted to hours of operation between 8:00 a.m. and 11:00 p.m.

(iv)  Uses/Events that do not meet the above requirements shall be subject to the regulations for Commercial Activities.

(c)   Christmas Tree Sales and other Outdoor Seasonal Sale of Harvestable Goods Associated with Major Holidays.

(i)    Location. Entirely on private property within any commercial or industrial district with the approval of the property owner as evidenced by written permission or by the owner and resident of an agricultural tract or lot greater than 3 acres within the “R-A” District. (Ord. 2237)

(ii)   Structures and Displays. Structures and displays need not comply with the yard and setback requirements of these regulations, provided that no structure or display is located within 30 feet of the intersection of the curb line of any two streets.

(iii)  Hours of Operation. The event shall be restricted to hours of operation between 8:00 a.m. and 10:00 p.m.

(d)   Outdoor Produce and Harvestable Goods.

(i)    Location. Entirely on private property within any commercial or industrial district with the approval of the property owner as evidenced by written permission, or on any residential lot or tract of three (3) acres or greater in an “R-A” Rural Agriculture District, an “R-0” Residential Suburban District or “R-1” Residential Low Density District. (Ord. 2237)

(ii)   Structures and Displays. With the exception of uses/events in the “R-A”, “R-0” or “R-1” Districts, structures and displays shall be temporary in nature and shall be removed at the end of each business day. All structures and displays used in conjunction with the use/event shall meet all sight distance and setback requirements. (Ord. 2237)

(iii)  Hours of Operation. The event shall be restricted to hours of operation between 8:00 a.m. and 10:00 p.m.

(e)   Outdoor Seasonal Displays.

(i)    Location. Entirely on private property owned or leased by the sponsoring organization or as a permanent facility and located within any commercial or industrial district. Outdoor seasonal displays may be located in a paved parking area containing no greater than twenty contiguous parking stalls or an area no greater than twenty percent of the floor area of the business, whichever is less, provided the overall number of parking stalls remaining is not less than that required by the zoning ordinance.

(ii)   Unenclosed Display. The display area shall not block any turn lanes, aisles, fire lanes or be placed inside a sight triangle. The height of such displays shall not exceed five feet, and the perimeter of the area shall be fenced or otherwise protected from vehicular traffic. The display area shall also be located behind any platted setback lines. All material shall be displayed in an orderly manner. Broken bags and spilled contents shall be removed. The display shall occur on the same lot or tract as the building.

(iii)  Enclosed Display. Enclosed outdoor seasonal display area (those with solid walls and roofs, including tents) may be located in a parking lot area on the same lot or tract as the business, containing a cumulative area when combined with any open area display no greater than twenty contiguous stalls, or an area no greater than twenty percent of the floor of the business, whichever is less, provided the overall number of parking stalls remaining is not less than that required by the zoning ordinance. The display area shall be placed in a hard surface, and shall not block any turn lanes, aisles, fire lanes, or be placed inside a sight triangle, nor shall it block the view of oncoming traffic.

(iv)  Hours of Operation. The event shall be restricted to hours of operation between 8:00 a.m. and 10:00 p.m.

(f)   Promotional Activities or Devices.

(i)    Location. The use/event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

(ii)   Structure and Displays. Any structure or display used in conjunction with the use/event shall meet all sight distance and setback requirements, shall be subject to a valid building or sign permit, and shall be promptly removed upon cessation of the event. No motorized rides shall be permitted.

(iii)  Impact. The event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.  The promotional display or activity shall be generally compatible with the them, visual quality, and overall character of the surrounding area.

(iv)  Sidewalk Displays. When merchandise or activities are held on the sidewalk in front of businesses, one-half the width of the sidewalk shall be clear space and merchants may display merchandise only within the area of the sidewalk that immediately abuts their business.

(g)   On and Off-Site Construction Structures and Storage.

(i)    Location. The use is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

(h)   On Site Construction Housing.

(i)    Location. The use is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

(ii)   Duration.  Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.

(i)    Real Estate Office.

(i)    Location. Entirely on private property owned or leased by the sponsoring organization as a permanent facility within a residential district.

(ii)   Structure. Limited to a real estate office containing no sleeping or cooking accommodations unless located in a model dwelling unit and incidental to a new housing development. Any structure used in conjunction with the temporary use shall meet applicable yard setbacks, shall be subject to valid building permit, and shall be promptly removed upon the sale or lease of all dwelling units in the development.

(j)    Recycling or Material Collection Vessels.

(i)    Location. The use/event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

(ii)   Structure. The collection vessel shall not block any turn lanes, aisles, fire lanes or be placed inside a sight triangle. All sight building setbacks shall be observed. All collection and storage shall be within enclosed containers. To the extent possible, all vessels shall be screened from view of all adjacent residentially zoned properties or existing residential uses.

(iii)  Parking. Off-street parking spaces shall be provided and parking regulations observed, as determined to be necessary by the Community Development Department.

(k)   Camping Trailers and Recreational Vehicles.

(i)    Location. Areas of the City which are not considered mobile home or trailer parks, as approved at the discretion of the City Building Official. The owner of the property where the camping trailer or recreational vehicle will be located, or their designated representative, shall obtain a permit for the camping trailer or recreational vehicle from the City Building Official, which permit will specifically designate the approved location for the trailer or vehicle and, if available, any connections to water and sewer pipes. The City Building Official may deny the requested location if he/she determines that the trailer or vehicle, or any of its equipment, will constitute a nuisance or pose a health or safety risk.

(ii)   Permit Display. Such permit is conspicuously displayed on the travel trailer or recreational vehicle so that it can be seen from the outside by the City Building Official.

(iii)  Waste Disposal. In the event that no sewer connection is available and approved by the City Building Official, the property owner, or their designated representative, agrees that no waste materials other than ordinary bagged garbage will be released from the travel trailer or recreation vehicle for the duration of the unit’s stay. The property owner, or their designated representative, also agrees that any such bagged garbage will be properly disposed of by placing it from the trailer or vehicle into the property owner’s garbage receptacles.

(iv)  Revocation. The City Inspector may revoke the permit or renewal of the same at any time if he/she determines that the trailer or vehicle or any of the equipment constitutes a nuisance or poses a health or safety risk.

(v)   Fines. The failure of the property owner or their designated representative to remove the trailer or vehicle, or any equipment or garbage connected therewith, upon the expiration of the permit, or renewal of the same, will result in the property owner, and/or their designated representative, being fined not more than $25.00 for each day that the trailer or vehicle, equipment, or garbage, remains on the property.

(l)    Emergency Relief Housing

(i)    Location. Entirely on the lot or tract on which the damaged or destroyed structure was located unless otherwise approved by the Community Development Department or City Administrator. No alternative location shall be approved on private property without the approval of the property owner as evidenced by written permission.

(ii)   Structure. The home shall be suitably anchored to the ground. The placement of the home on the lot or tract shall be such as to not unduly interfere with the use and enjoyment of adjacent properties and shall meet all setback and sight distance requirements.

(iii)  Parking. Off-street parking spaces shall be provided and parking regulations observed, as applicable to the zoning district; provided, however, that garages or covered carports shall not be required and the paving of any required parking area may be waived.

(iv)  Duration. The application shall indicate the anticipated duration of such temporary use of the home, and the permit shall indicate the date on which it is to expire; provided, however, that in no event shall the permit be granted for a period in excess of six months.

(m)  Commercial Activities.

(i)    Location. The use/event is conducted entirely on private property owned or leased by an individual or a sponsoring organization as a permanent facility. (Ord 2267)

(ii)   Structure and Displays. Any structure or display used in conjunction with the use/event shall meet all sight distance and setback requirements, shall be subject to a valid building permit, and shall be promptly removed upon cessation of the event. No motorized rides shall be permitted.

(iii)  Impact. The event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.

(iv)  Sidewalk Displays. When merchandise or activities are held on the sidewalk in front of businesses, one-half the width of the sidewalk shall be clear space and merchants may display merchandise only within the area of the sidewalk that immediately abuts their business.

(v)   Additional Conditions. Additional conditions may be imposed by the Governing Body as they deem necessary to ensure the safety and general welfare of the community.

(n)   Public Events.

(i)    Location. As may be permitted by the Governing Body in an “R-H”, “C-1”, “C-2”, “O-I”, “M-1”, or “M-2” District.

(ii)   Structures. Structures and displays need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.

(iii)  Street Closings. Permit recipients shall be responsible for securing, installing and immediate removal upon cessation all barricades and signs when street closings are approved.

(iv)  Additional Conditions. Additional conditions, including the provision of security personnel or the posting of performance bonds, may be imposed by the Governing Body as they deem necessary to ensure the safety and general welfare of the community.  The Community Development Department shall give advance notice of the event to local authorities.

(o)   Semi-Public Events.

(i)    Location. As may be administratively approved in an “R-H”, “C-1”, “C-2”, “O-I”, “M-1”, or “M-2” District.

(ii)   Structures. Structures and displays need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.

(iii)  Street Closings.  No street closings are permitted for a semi-public Event.

(iv)  Additional Conditions. Additional conditions, including the provision of security personnel or the posting of performance bonds, may be imposed by the Community Development Department. Applicant shall give advance notice of the event to local authorities.

(3)   Procedure and Approval. The following table identifies the approval process and duration of the temporary uses defined above.

(a)   Application Fee Requirement. The “Approval and Fee Required” columns in the following table indicates the requirement for fees and authority to issue a permit as follows.

(i)    None. No permit is required so long as all general and specific criteria as defined in Section C(1) and C(2) above have been met.

(ii)   Fee. A fee is required as specified in the City adopted fee ordinance.

(iii)  Admin. Administrative approval by the Community Development Department is required prior to issuance of a permit.

(iv)  Gov.  Approval by the Governing Body is required prior to issuance of a permit.

(b)   Duration or Frequency.  The “Maximum Duration” and “Maximum Frequency” columns in the “Permit Requirement, Duration and Frequency Table” define the duration and frequency limitation by Temporary Use.

(c)   Process. When required as indicated in the table below, temporary use applications shall be submitted to the Community Development Department in accordance with the City’s Application and Review Schedule and the requirements herein. No application shall be considered until all required materials have been submitted. Any application denied by the Community Development Department shall be submitted to the applicant in writing within two (2) weeks of application receipt.  Applications to be considered by the City Council will be forwarded following review and comment by the Community Development Department. Prior to consideration by the City Council, the applicant shall be notified of the time and date of such consideration. Following consideration, applicants shall be notified of action taken, including required conditions, if any. When approved, temporary use permits shall be posted on the site for the duration of the event.

 

 

(d)   Submittal Requirements. Each application for Temporary Use permit shall contain the following information as may be provided on forms provided by the Community Development Department.

(i)    Location. The commonly known, street address of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately describe the property.

(ii)   Proposed Use. A description of the proposed use including dates, time schedules and activities proposed.

(iii)  Contact Information. The name, address and phone number of the applicant and the property owner and the person(s) responsible for the use if different than the applicant.

(iv)  Written Permission. Written permission of the property owner or property manager if other than the applicant.

(v)   Summary of Operation. A statement describing provisions which will be made for sanitation facilities, utilities, parking, traffic circulation and control, security, fire safety, medical emergency and first aid, noise control, and clean up.

(vi)  Additional Information. Additional information including a sketch of the layout of the proposed site and activities may be required by the Community Development Department as determined to be necessary to adequately determine if the standards and conditions specified herein can be adequately addressed.

(e)   Application and Fee. Application fees shall be paid at the time of application in accordance with the City’s adopted fee ordinance. No application shall be considered until all applicable fees have been paid in full.

(f)   Prohibition on Transfer.  No Temporary Use Permit issued under the provisions of this Section shall be assignable or transferable to any other person or transferable to another location for the operation of a special event by that business or person at a different location.

(Ord. 2436)

The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions: (Ord. 2256)

A.    Projections for new construction shall conform to the provisions of the adopted building and fire codes for the City in effect at the time of application.

B.    Projections shall be defined as:  Any structural or non-structural portion or appendage attached to the main structure which by design protrudes outward beyond the structure floor, wall, roof or foundation line. 

C.    Allowed projections include, but are not limited to, the list below.  Such projections may extend into the required setback a maximum distance of five (5’) feet or 25% of the setback depth, whichever is less:

(1)   Roof Eaves and Cornices

(2)   Ornamentation   

(3)   An unenclosed and uncovered porch or deck        

(4)   Dormers and balconies   

(5)   Bay and Egress Windows

(6)   Guttering and downspouts

(7)   Shutters and awnings

D.    No foundations, footings, or piers, including those for any of the above listed projections, shall extend into or be placed within the required setback, except as allowed in Item “E” below.

E.    Required exterior stairs, walkways or handicapped ramps and their necessary foundations.

F.    Guttering and downspouts may extend into a required setback, but shall not extend past the property line, except that they may extend into the public right-of-way in the “C-1” business Central District upon approval of the City Engineer.

G.    Where a structure setback is not required by these regulations, no architectural elements shall be allowed to project past the property line except canopies and awnings as described in Part H below, and projected signs as described in Article 7 Signs.

H.    Exception for Canopies and Awnings:  A canopy or awning may be permitted to overhang a public way in any business zoning (C-1, C-2 or O-I) or industrial zoning (M-1 or M-2) district providing:

(1)   The canopy or awning construction is covered with a fabric material, such as canvas, or is made of a material that simulates a fabric covering, other than metal or aluminum.

(2)   No portion of the canopy or awning shall be less than eight (8) feet above the level of the sidewalk or other public way.

(3)   The canopy or awning may extend the full width of the building facade to which it is attached, but it shall not extend beyond a point two (2) feet inside the curb line of a public street.

Except as otherwise provided in other codes and regulations for the City of De Soto, the following regulations shall apply to the construction of fences and walls.  Unless specifically noted, the term fence shall be applied equally to a fence, a wall, or a combination fence and wall structure.

A.    Intent:  It is the intent of these regulations to improve the safety of city sidewalks and streets through the maintenance of adequate visibility into and from private property and within the public right-of-way and to allow property owners to adequately screen their property without causing undue negative impact to abutting properties by improperly constructed, placed or maintained fence structures. 

B.    General Requirements and Restrictions

(1)   All materials, including fasteners, supports and decorations, shall be resistant to the elements.  All fences must be maintained in good and sound condition, free of damage, breaks or missing structural members.

(2)   All fences shall be constructed with a finished surface facing outward from the property. The posts and support beams shall be on the inside or be designed as an integral part of the finished surface.

(3)   Fences that restrict surface drainage, divert or channel storm water flow, or are proposed within a drainage easement shall require prior approval of the City Engineer. 

(4)   Decorative fences shall be designed so that they are at least 40% transparent, such as split-rail, picket, wrought-iron, or similar and shall not exceed four (4’) feet in height.  Decorative fences shall not include chain link fencing. 

(5)   Chain link fencing may be used only in a side or rear yard area.  Livestock welded or wire pasture fencing may be used only for agricultural applications.  Barbed wire, electric wire and electronic pet fences may be used only according to the adopted City Code requirements.  Security wire, such as razor ribbon or ribbon wire may not be used in any manner or Zoning District.

(6)   Fences used for agricultural purposes are exempt from these regulations. Agricultural purposes shall include land zoned Rural Agricultural District and used for the raising of crops or other horticultural uses and/or for animal and poultry husbandry.

(7)   At least one gate must be placed in the fence for access to an enclosed area.  A pedestrian gate that is the only access to an enclosed area must be at least three (3) feet wide to allow for passage of emergency personnel and equipment.

(8)   No fence shall be constructed within the road right-of-way or, which in the opinion of the City Engineer will constitute a traffic hazard or obstruct visibility within the ‘sight triangle’ as defined by these regulations. In all areas, fences may be placed at the joint property line/road right-of-way line, but in no case shall the fence be closer than 15’ to the back of the curb or the edge of the paved street. 

(9)   No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(10) Consult the adopted building codes for the City concerning swimming pool enclosures. 

(11) All posts, bases and other structural parts shall be located completely within the boundaries of the lot on which a fence is located unless a written agreement is executed between the adjoining property owners and filed with the building permit.

(12) Fences proposed within a utility or other type of easement may be prohibited by the easement holder and nothing herein, or a permit issued hereunder, shall be construed as modifying such prohibition.  Fences or walls constructed within any easement may be removed by the easement holder or their agent and the property owner shall be responsible for repair or replacement of such structures.

C.    Height

(1)   Fence height shall mean the maximum vertical dimension from the top of the fence façade to the ground.  Wall height is measured from the bottom of the footing to the top of the façade.

(2)   Fences in the established front yard of a residence or on any joint property line/road right-of-way line shall not exceed four (4’) feet in height.  Fences in side or rear yards shall not exceed six (6’) feet in height.  Walls exceeding four (4’) feet in height may require additional engineering per the adopted building code requirements.

(3)   Fences erected upon school grounds; in public parks or playgrounds; or for public or private recreational purposes may be constructed to a greater height when approved as part of an overall site plan, development plan or special use permit. Minimum setback from the property line for such over-height fence shall be equal to or greater than the fence height. 

D.    Setbacks

(1)   Abutting road right-of-way:

a.     Front Yard:  Only decorative fences are allowed in the established front yard of a residence.  Decorative fences may be placed at the property line/road right-of-way line except as provided above.

b.    Corner or Thru Lot: Fences along the street sides of a corner shall observe the following:

i.     Decorative fences may be placed on the joint property line/road right-of-way line, except as provided above.

ii.    Fences taller than four (4’) feet or fences that are non-decorative in nature shall be located no closer to the side or rear joint property line/road right-of-way line than 10 feet, except as provided above.

(2)   Side or Rear Yard: On interior lots, fences may be placed on the joint property line except as restricted below.

E.    Permit.  No type of fence shall be constructed or placed without first obtaining a valid building permit from the City Building Official. A fence permit shall also be required whenever extending an existing fence; or when replacing, moving or repairing an existing fence by 50% or more.

F.    Variance.  The Planning Commission, as part of a special use permit application or as part of a formal site plan or development plan approval, may vary from the stated fence regulations when it is found that the proposed fence meets the stated intent above. All such variations from the regulations must be clearly cited and/or depicted on the site plan or permit.

Home occupations shall be permitted in all districts permitting dwellings.

A.    Restrictions and Limitations:

(1)   The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than 25 percent of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation.

(2)   All materials or equipment used in the home occupation shall be stored within an enclosed structure.

(3)   No alteration of the exterior of the principal dwelling shall be made which changes the character thereof as a residence.

(4)   No sign shall exceed two (2) feet in any one direction, shall not be illuminated and shall not be placed closer to the front property line than one-half the distance of the front yard.

(5)   No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence, and not more than one full-time equivalent, non-resident employee.

(6)   No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference.

(7)   Vehicular traffic generated by the business shall not be abnormal for local residential traffic volumes and vehicular types.  Parking associated with the home occupation must be off-street and shall not exceed two additional non-resident or employee vehicles at a time, excluding the drop-off or picking up of children. (Ord 2155)

B.    Particular Home Occupations Permitted:  Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of (1) through (6) above:

(1)   Art, dancing, and music schools provided that instruction is limited to five pupils at one time.

(2)   Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers, and similar professions.

(3)   Offices for realtors, insurance agents, brokers, sales representatives, and manufacturing representatives when no exchange of tangible goods is made on the premises.

(4)   Watch, clock, and jewelry repair services.

(5)   Radio, television, phonograph, recorder, and small appliance repair services.

(6)   Day care homes and day care nurseries.

(7)   Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.

(8)   Tailoring, alterations, and seamstresses.

(9)   Barber and beauty salons, including hair, skin and nail care services, tanning, and massage.  (Ord. 2155 & 2156)

(10) Tool sharpening and filing.

(11) Bed and breakfast, by special use permit, with certain conditions.

C.    Particular Home Occupations Prohibited:  Permitted home occupations shall not in any event include the following:

(1)   Antiques - retail.

(2)   Funeral services.

(3)   Groceries - retail.

(4)   Second-hand merchandise - retail.

(5)   Equipment rental.

(6)   Automobile and other motor vehicle repair services.

(7)   Physicians.

(8)   Dentists.

(9)   Chiropractors.

Keeping livestock in the City shall be restricted by City Code, and subject to further regulation by the County Health Officer.  No accessory structure for housing animals shall be nearer than 50 feet from any side yard or rear yard property line; and no animal shall be nearer than 150 feet from the center line of any public right-of-way.

(Section added Ord. #2244)

A.    These regulations allow for the following types of wind energy conversion systems:

(1)   A horizontal, tower mounted WECS in a residential application where the system height does not exceed 1.5 times the maximum height for the zoning district where it is located and lot/tract size is greater than 2 acres.

(2)   A vertical WECS in a residential application that does not exceed the maximum height regulations for the zoning district.

(3)   A vertical WECS, either as a single turbine or a series of turbines, which is integrated into the design of a non-residential building or development and approved as part of an overall Site Plan Review of such improvements.  In such case, the requirements found in Article 10 Special Use Permits, Section 4.L Wind Energy Conversion Systems shall be considered as guidelines for approval.

B.    General siting and construction requirements

(1)   Applications shall include a line drawing of the system and electrical components in sufficient detail to allow for a determination that the manner of installation conforms to city codes and manufacturer’s recommendations.  All electrical connections shall be certified by an electrical engineer.

(2)   Any energy system that will be connected to a utility grid must meet the standards of that utility and provide proof of compliance.

(3)   Systems shall be set back from the property line a distance equal to the total system height.  If the system includes guy wires, they must be set back from the property line a minimum of 10 feet.

(4)   The system shall not be audible at the property line above the levels provided for in Article 8 of Chapter 8 of the City Code. 

(5)   Energy system shall not cause or intensify interference with nearby telephone, television or communications signals.

(6)   No signage (other than emergency contact information), flags, streamers or other items may be attached to any part of the system.

(Section added Ord. #2244)

Passive and active solar collectors shall be permitted provided that the following performance standards are met:

A.    All solar energy systems shall be designed, constructed and installed in accordance with the adopted building and electrical codes for the City of De Soto.  All such systems shall be structurally adequate as determined by the City Building Official to withstand foreseeable natural phenomena.

B.    Roof-mounted residential solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane where it is mounted and no portion of any such solar collector shall extend more than 24 inches from the roof as measured perpendicularly to the roof at the point where it is mounted.

C.    Roof-mounted residential solar collectors located on the rear or interior side building roofs or on the roof of an accessory building shall not extend above the peak of the roof plane where it is mounted and no portion of any such solar collector shall extend more than four feet from the roof as measured perpendicularly to the roof at the point where it is mounted.

D.    Roof mounted systems shall not extend beyond the edge of the roof.

E.    If an active solar or photovoltaic solar system is utilized, all components servicing the collector panels shall be concealed including mechanical piping, electrical conduits, and the like.

F.    All exposed metal, including the framework of active collector panels or exposed mullions and framework of passive systems shall be colored to visually blend into the surroundings.

G.    Ground-mounted solar collectors shall only be allowed in the R-A and R-0 zoning districts. Units shall not exceed 8 feet in total height, shall be located to the rear of the primary structure for the site and comply with rear and side setbacks. All lines serving a ground-mounted solar collector shall be located underground.

H.    Any system incorporated into a nonresidential building shall be integrated into the basic form and main body of the building. If roof mounted, all collector panels shall fit into the form of the roof; if the building’s roof is sloped or if “rack” mounting is used on a flat roof, the mounting must be concealed from view at street level.

Retaining walls shall be allowed in all zoning districts.

A.    General Information.

1.    On non-residential properties, retaining walls shall be setback from a joint property line a distance equal to its height unless specifically approved on a site plan or development plan.

2.    On residential properties, a retaining wall that is placed closer than its height to the joint property line, shall require a written agreement between the adjoining property owners.

3.    Except in the C-1 District, no retaining wall shall be constructed any closer than 15’ to the back of the curb or paved roadway and no closer than two (2’) feet to an existing or proposed sidewalk unless approved as part of a formal development plan or site plan or, in the case where the retaining wall is being built as a separate project, it may be approved by the City Engineer.

4.    Retaining walls that restrict surface drainage, divert or channel storm water flow, cause damming or ponding, or are proposed within a drainage easement shall require prior approval of the City Engineer.

5.    Retaining walls proposed within utility or other types of easements may be prohibited by the easement holder and nothing herein, or a permit issued hereunder, shall be construed as modifying such prohibition.  Retaining walls constructed within any easement may be removed by the easement holder or their agent and the property owner shall be responsible for the reconstruction and replacement of any such structures.

B.    Building Permits. 

1.    In general, permits are not required for retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, or for terraced retaining walls that are separated by more than their cumulative height.

2.    A building permit may be required if the retaining wall supports a surcharge load (driveway, pool, or other structure).

A.    Ancillary to commercial or industrial uses: The use or repair of Shipping Containers in operational or logistical support of non-retail commercial or industrial warehousing, manufacturing, distribution, or related uses is allowed and shall not be considered temporary. Such uses are not subject to the restrictions of this section.

B.    Permanent Use: Shipping containers are allowed for use as accessory structures in all districts except the C-1 district, subject to the accessory building size, number, height, and location requirements set forth in Section 3 of this Article, and subject to the following restrictions:

1.    The use of shipping containers as permanent accessory structures requires the issuance of a building permit.

2.    Shipping containers are prohibited on residential parcels less than 2 acres in size.

3.    Maximum number of containers per parcel is one.

4.    Maximum size of container is 1,360 cubic feet (8x8.5x20)

5.    Maximum height is 8.5 feet

6.    No storage container may be placed on a lot which does not contain a principal structure, unless such lot is adjacent to and under the same ownership as a lot with a principal structure.

7.    All signage on the shipping container shall be removed and the shipping container shall be maintained in good condition and painted a color complementary to the primary structure.

8.    Shipping containers shall not be stacked on top of each other and shall be safe, structurally sound, stable, in good repair, and in compliance with any other City requirements, including building codes.

9.    Adequate means for fire and emergency vehicle access to shipping containers shall be provided.

10.  Containers may not be stored in a manner that impedes access to public right-of-ways, public utility or drainage easements, adjacent structures, and buildings.

11.  Materials Stored: Materials stored inside the container shall be normal personal household items.  No commercial or business products, equipment or materials shall be stored in a container.

12.  All shipping containers must be placed on a paved surface. Such paved surface must be a solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non-biodegradable materials.

13.  Screening and Landscaping:  The perimeter of the area on which containers are placed shall be screened from adjoining properties and from the street. Screening may consist of existing vegetation, new vegetation, fencing, berms, or other on-site structures that significantly obscure the visual presence of the container from off-site locations. The container shall not be predominantly visible from any public street or from any residential property.

14.  Setbacks and Separation distance:

       Containers shall be setback a minimum of 20 ft. from the property lines.

       When adjacent to an existing house or residence, containers shall be at least 50 ft. feet from the house or residence.

C.    Temporary Use: Shipping containers are allowed in all zoning districts as temporary uses for purposes of relocation of home or business, remodeling, or temporary storage of goods, equipment, or personal possessions, subject to the following restrictions:

1.    The maximum size of all containers on any zoned lot at any one time shall be 2,720 cubic feet. (this will allow for two containers measuring 20’x8’x8.5’).

2.    The maximum number of containers on any zoned lot at any one time shall be two.

3.    Shipping containers are allowed for a maximum period of 30 days. Time extensions of up to an additional 30 days may be approved by the Code Enforcement Official.

4.    No shipping container can be placed on the traveled portion of a roadway or upon any sidewalk, unless specifically approved by the City Administrator or his designee.

5.    All shipping containers must be placed on a paved surface. Such paved surface must be a solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non-biodegradable materials.

6.    No shipping container can be placed in such a way that it blocks visibility for motorists, or otherwise presents a safety hazard, in the judgment of the Code Enforcement Official.

(Ord. 2410)

In all zoning districts, land disturbance or grading activities that are not part of a related building permit or public infrastructure project are regulated in accordance with this section. Agricultural uses are exempt from this requirement. 

A.    General Information.

1.    The Owner/Applicant must satisfy themselves of sub surface conditions including but not limited to sanitary sewers, stormwater structures, water, telephone and gas lines and electric conduits prior to land disturbance or grading operations.

2.    Soil, sand, rock, or other debris must be kept off the roads and not allowed to enter storm sewer systems. If debris escapes the construction site, the debris must immediately be removed to the maximum extent practicable by the Owner/Applicant.

3.    Vegetative buffers or other protection must be provided by the Owner/Applicant along streams, rivers, and ponds to avoid erosion of banks and siltation.

4.    Stabilization measures must be performed by the Owner/Applicant within fourteen (14) days in portions of the site where construction activities have temporarily or permanently ceased.

B.    Permits.

1.    A Land disturbance & grading permit is required for any activity that opens up, disturbs, or creates a cut or fill of bare soil exceeding 1 or more acres of land. 

2.    The Owner/Applicant may not proceed with land disturbance/grading operations until the completed application with permit fee is approved by the City Building Official.

3.    The Owner/Applicant must call for inspection after installing perimeter erosion and sediment control devices but before beginning other work on site.

4.    In addition to the required De Soto permit, the applicant must submit a “Notice of Intent (NOI) to the Kansas Department of Health and Environment for authorization to discharge stormwater runoff from construction activities in accordance with the Kansas Water Pollution Control General Permit under the National Pollutant Discharge Elimination System (NPDES) 

C.    Required Permit Submittals. The following information must be provided by the Owner/Applicant to obtain a land disturbance and grading permit. Additional information, studies, details, or narratives may be required by the City Building Official depending on the scale and complexity of the proposed grading operation.

1.    A completed Land Disturbance/Grading Application

2.    A site-specific Erosion and Sediment Control Plan

3.    A site-specific grading plan showing property lines, easements, utilities and roadways, existing and proposed structures.

4.    A site-specific plan for disposal of building materials and litter, and all other pollutants onsite that may have an adverse impact to water quality.

5.    Proposed schedule for completing land-disturbing activities.

(Ord. 2418)