AN ORDINANCE OF THE CITY OF KAUFMAN, TEXAS, REPEALING AND REPLACING ORDINANCE NO. O-14-99, THE COMPREHENSIVE ZONING ORDINANCE, ADOPTED ON THE 22ND DAY OF MARCH, 1999, TOGETHER WITH ALL AMENDMENTS THERETO IN ITS ENTIRETY, AND ADOPTING ORDINANCE NO. O-02-07, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KAUFMAN, TEXAS, AS APPROVED AND ADOPTED ON THE 19TH DAY OF MARCH, 2007, TOGETHER WITH ALL AMENDMENTS THERETO; ESTABLISHING AND PROVIDING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN APPROVED BY CITY COUNCIL; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, THE SIZE OF YARDS, COURTS AND OPEN SPACES, AND THE HEIGHT, BULK AND USE OF BUILDINGS AND LAND FOR COMMERCE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR SPECIFIC USE PERMITS (SUP); REPEALING THE FOLLOWING ABANDONED OR DISCONTINUED SUP ORDINANCES: O-08-99, O-10-00, O-24-00 AND O-09-04; SPECIFYING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND OFF-STREET LOADING AREAS; PROVIDING MINIMUM REQUIRED FLOOR AREAS FOR DWELLING UNITS AND THE TYPE OF EXTERIOR CONSTRUCTION WITHIN CERTAIN ZONING DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES; ADOPTING PERFORMANCE STANDARDS FOR INDUSTRY; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE; PROVIDING FOR SITE PLAN APPROVAL; PROVIDING FENCE AND WALL REGULATIONS; PROVIDING SPECIAL ACCESS STANDARDS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND WITHIN THE ORDINANCE; CREATING A PLANNING AND ZONING COMMISSION AND DEFINING ITS POWERS AND DUTIES; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; CREATING A BUILDINGS AND STANDARDS COMMISSION AND DEFINING ITS POWERS AND DUTIES; PROVIDING FOR A PENALTY FOR VIOLATION; PROVIDING FOR NON-CONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN TERMS AS USED WITHIN THIS ORDINANCE; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH AND EVERY OFFENSE; PROVIDING A SAVINGS CLAUSE; AND PRESERVING RIGHTS IN PENDING LITIGATION REGARDING VIOLATIONS UNDER THE EXISTING ORDINANCE.

PASSED AND APPROVED by the City Council of the City of Kaufman, Texas on 20th day of February, 2007.

PASSED AND ADOPTED (Second Reading) by the City Council of the City of Kaufman, Texas on the 19th day of March, 2007.

As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural or architectural importance and significance within the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

The boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, said map being adopted as a part of this Ordinance as fully as if the same were set forth herein in detail.

All land, buildings, structures or appurtenances thereon located within the City of Kaufman, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per Section 7.3 of this Ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. Parks and Recreation projects as recommended by the Park Board and approved by the City Council may be required to meet the design requirements as specified in the “Time-Saver Standards for Landscape Architects” latest edition in lieu of specific Development Standards listed herein where appropriate to ensure the highest level of quality and safety of construction for recreational facilities.

No uses shall be allowed which are prohibited by State or Federal law or which operate in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), The Texas Commission on Environmental Quality (TCEQ), or the Federal Communications Commission (FCC), as the case may be.