This ordinance is hereby enacted and adopted as the zoning ordinance for the City of Balch Springs, Texas.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Implementation of the Comprehensive Plan

The zoning regulations and districts established in this Zoning Ordinance have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. The zoning regulations and districts have been designed to achieve the following purposes:

1.

Lessen congestion in the streets;

2.

Secure safety from fire, panic and other dangers;

3.

Promote health and the general welfare;

4.

Provide adequate light and air;

5.

Prevent the overcrowding of land;

6.

Avoid undue concentration of population; and

7.

Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements.

B.

Zoning Ordinance Considerations

The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the districts, a district's peculiar suitability for the particular uses specified, conserving the value of buildings and encourage the most appropriate use of land through the City consistent with the Comprehensive Plan.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Official Zoning District Map

1.

The official Zoning District Map shall be labeled the "Official Zoning District Map of the City of Balch Springs, Texas" and shall be maintained as a physical hard-copy file and an electronic file.

2.

The "Official Adoption Date" and the "Last Amended Date" shall be shown on the official Zoning District Map.

B.

Management, Physical Locations, and Maintenance of the Official Zoning District Map

1.

Three identical copies of the Zoning District Map shall be adopted and shall bear the signature of the Mayor and the attestation of the City Secretary. The three official copies of the Zoning District Map shall be filed and maintained as follows:

a.

One copy shall be filed with the City Secretary and retained as an original record and shall not be changed in any manner.

b.

One copy shall be filed with the Building Official and shall be maintained with all changes and subsequent amendments for observation in issuing building permits and enforcing the Zoning Ordinance.

c.

One copy shall be filed in the office of the Planning Director and shall be maintained by posting thereon all changes and amendments. In the case of a conflict between these maps, this map in the office of the Planning Director and its amendments shall govern.

2.

The Planning Director shall maintain an electronic file of the official Zoning District Map, as it was originally adopted.

C.

Incorporating Updates to the Official Zoning District Map

1.

The Planning Director shall be responsible for updates to the official Zoning District Map.

2.

The Planning Director's copy of the official Zoning District Map shall be used for reference and shall be maintained by incorporating all subsequent amendments enacted by official action of the City Council.

3.

The Planning Director shall use all reasonable means to protect the official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs.

D.

Changes or Amendments Reflected on the Map

1.

Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map files (i.e., physical and electronic) promptly after the amendment has been approved by the City Council.

2.

The Planning Director shall maintain a descriptive log of amendments to the map.

3.

The Planning Director shall use all reasonable means to ensure that no changes are made to the official Zoning District Map without authorization by official action of the City Council.

E.

Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map

1.

In the event that the official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new official Zoning District Map by ordinance following a public hearing.

2.

The new official Zoning District Map shall replace and supersede any prior official Zoning District Map.

3.

As a true replacement map, the new official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior official Zoning District Map.

F.

Informational Zoning Maps with Updates

1.

Informational zoning maps that are intended to represent the official Zoning District Map, with updated changes in zoning districts and boundaries as they are made, may be made from time to time and placed on physical display and on the City's website.

2.

The Planning Director shall be responsible for all informational zoning maps and the frequency of updates.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Boundary Delineations

The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.

Boundaries indicated as approximately following City limits shall be construed as following City limits.

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

5.

Boundaries indicated as following the centerline of creeks, streams or drainage ways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline.

6.

Boundaries indicated as parallel to or extensions of features indicated within Subsections 90-1.04.A.1 through 90-1.04.A.5 above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map.

7.

Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

8.

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Compliance Required

This Zoning Ordinance applies to all land, buildings, structures or appurtenances located within the City that are hereafter:

1.

Occupied,

2.

Used,

3.

Erected,

4.

Altered,

5.

Removed,

6.

Placed,

7.

Demolished, or

8.

Converted.

B.

Interpretation

1.

Restrictiveness

Where the regulations in this Zoning Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards shall govern.

2.

Abrogation of Private Agreement

These Zoning Ordinance regulations do not abrogate any easement, covenant or other private agreement.

3.

Cumulative Effect

These Zoning Ordinance regulations are cumulative and may impose additional limitations upon all other laws and ordinances previously passed or that may be passed in the future on any subject matter set forth in these regulations.

4.

Error Correction

In the event that any property or zoning district set forth on the Zoning District Map as provided in Section 90-1.03 Zoning District Map of the Zoning Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended or supplemented.

a.

Applicants

The property owner of said tract, the City Council, or the Planning and Zoning Commission may submit an application to the Planning Director to initiate the error correction process.

b.

Process

The error correction shall be processed as a zoning map amendment according to Zoning Text and Map Amendments.

C.

Rules of Construction

The language set forth in these regulations shall be interpreted in accordance with the following rules of construction:

1.

Number

The singular number includes the plural, and the plural the singular.

2.

Tense

The present tense includes the past and future tenses, and the future the present.

3.

Mandatory and Permissive Language

The words "shall" and "must" are mandatory while the word 'may' is permissive.

4.

Gender Terms

The masculine gender includes the feminine.

5.

Parentheses

Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.

6.

Conflicts

If there is an expressed conflict:

a.

The text of the Zoning Ordinance controls over the charts or any other graphic display in the Zoning Ordinance; and

b.

The use regulations control over the district regulations in the Zoning Ordinance.

(Ord. No. 3154-17, § 1, 4-10-2017)