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

(Ord. No. 2395, § 1, 3-2-21)

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. 2395, § 1, 3-2-21)

The effective date of this chapter shall be March 2, 2021.

(Ord. No. 2395, § 1, 3-2-21)

All land, buildings, structures or appurtenances thereon located within the City of Duncanville, which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning ordinance prescribed for the zoning district in which such land or building is located.

A.

Zoning required for platting. The planning and zoning commission shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been zoned by the city council.

B.

Creation of a building site. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, tract, or lot has been created by compliance with one of the following conditions:

1.

Approved plat. The lot or tract is a part of a plat of record, properly approved by the planning and zoning commission and filed in the plat records of Dallas County, Texas.

2.

Existing plots, tract or lots. The plot, tract, or lot has frontage upon a dedicated street and was separately owned prior to the effective date of this zoning ordinance or prior to annexation into the city, whichever is applicable, in which event a building permit for only one main building may be issued on each such original separately owned parcel without first complying with the above clauses.

C.

Certificate of occupancy.

1.

No building hereafter erected, converted, or structurally altered shall be used, occupied, or changed in use and no land may be used or shall any basic change of use of land or structure be made until a certificate of occupancy shall have been issued by the building official stating that the building or proposed use of land or building complies with the provisions of this zoning ordinance and other building laws of the city.

2.

A certificate of occupancy shall be applied for jointly with the application for a building permit and will be issued within ten days after completion of the erection, alteration, or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this zoning ordinance.

3.

A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this zoning ordinance. A record of all certificates shall be kept on file in the office of the building official, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected.

(Ord. No. 2395, § 1, 3-2-21)

A.

Original map and copies. Two original, official, and identical copies of the zoning district map are hereby adopted bearing the signature of the mayor and the attestation of the city secretary and shall be filed and maintained as follows:

1.

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

2.

City planner. One copy shall be filed with the city planner and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation in issuing building permits, certificates of occupancy, and enforcing the zoning ordinance.

3.

Reproductions or electronic versions. Reproductions or electronic versions for information purposes may, from time to time, be made of the official zoning district map.

B.

Boundaries. The boundaries of zoning districts set out herein are delineated upon a zoning district map. Said map being a part of this zoning ordinance as fully as if the same were set forth herein in detail. The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts shown on the official zoning district map, the following rules shall apply:

1.

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

2.

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

3.

City limit lines. Boundaries indicated as approximately following city limits shall be construed to follow such city limits.

4.

Parallel or extension lines. Boundaries indicated as parallel to or extensions of centerlines, lot lines, or city limits as indicated above shall be so construed. Distances not specifically indicated on the original zoning district map shall be determined by the scale of the map.

5.

Street vacations. Whenever any street, alley, or other public-way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the city council shall take action to assign zoning to the vacated area.

6.

Interpretation of zoning district boundaries. Where physical features existing on the ground are in conflict with those shown on the zoning district map, or in other circumstances not covered by 1. through 5. above, the zoning board of adjustment shall interpret the district boundaries and require its inclusion on the zoning district map.

(Ord. No. 2395, § 1, 3-2-21)

A.

Zoning upon annexation required. The planning and zoning commission and city council shall assign permanent zoning to annexed land.

B.

Concurrent but separate actions. Proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.).

(Ord. No. 2395, § 1, 3-2-21)

A.

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.

B.

Abrogation of private agreement. These zoning ordinance regulations do not abrogate any easement, covenant or other private agreement.

C.

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.

(Ord. No. 2395, § 1, 3-2-21)

In accordance with Texas Local Government Code Chapter 54. Enforcement of Municipal Ordinances, the city is authorized enforce these regulations and may issue a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, that may not exceed $2,000.00.

(Ord. No. 2395, § 1, 3-2-21)

All application fees shall be paid in accordance with the city's fee schedule, as adopted and may be amended by the city council.

(Ord. No. 2395, § 1, 3-2-21)

In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of the zoning ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this zoning ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional.

(Ord. No. 2395, § 1, 3-2-21)