Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully inexistence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of the Ordinance are met.

It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Any use, platted lot, or structure, which does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection "C" below, shall be deemed a nonconforming use, platted lot or structure provided that:

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection "C" below, shall be deemed to be in violation of this Ordinance, and the City shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure.

The following types of platted lots shall be deemed in conformance with the provisions of this Ordinance, notwithstanding the fact that such lot does not meet the standards of this Ordinance in the district in which it is located:

A nonconforming use or structure may continue to be used, operated, or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a non-conforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

A non-conforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.

If fifty percent (50%) or more of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.

If less than fifty percent (50%) of the total appraised value, as determined by the Kaufman County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one (1) year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Development Services Department.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be reestablished subject to the limitations on expansion set forth in Subsection 34.6 above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance.

Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance are estimated to exceed fifty percent (50%) of the structure's appraised value, as determined by the Kaufman County Appraisal District, at which point the entire structure and all repairs and maintenance shall be reconstructed in conformity with the standards of this ordinance. Cost estimate documentation (bids) shall be submitted with the building permit application in order to verify compliance with this section.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the City, and may also require platting of the intended building site pursuant to the City's Subdivision Ordinance as well as approval of a Building Permit Plan in accordance with Section 11.2 of this Ordinance.

Nothing in this Ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Ordinance.

Required off-street parking shall be provided on the same lot as the main residential structure it is to serve.

All vehicle parking (including motor vehicles, recreational vehicles, boats, trailers, personal watercraft, etc.) shall be on a suitably paved parking surface (defined as concrete or asphalt paving). Existing crushed rock parking areas constructed prior to the date of adoption of this ordinance may be continued to be used, however, they may not be enlarged and all new parking areas shall be constructed of concrete or asphalt paving materials. Minimum construction standards for asphalt paving are 2 inches of compacted base and 2 inches of rolled asphalt. Minimum construction standards for concrete paving are 4 inches of concrete with #3 rebar on 18 inch centers. All driveways and approaches to parking spaces shall be similarly paved, except in the A-O district in which driveways over 50 feet in length may be constructed of crushed rock (gravel) a minimum of 6 inches thick.

No required enclosed parking space, garage, carport, or other automobile storage space shall be converted into living space unless the required enclosed parking is provided elsewhere on the same lot which meets all other requirements of this ordinance such as, setbacks, exterior façade materials, etc.

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the Lighting and Glare Standards in Section 42.

For safety and fire-fighting purposes, every parking space, covered or uncovered, shall be located within 150 feet of a fire lane and all parking lots or areas must have free access for fire vehicles to travel through to adjacent nonresidential parking areas from designated fire lanes in accordance with the International Fire Code as adopted.

All off-street parking, maneuvering, loading and storage areas shall be paved with concrete (asphalt paving systems may be used if engineered to withstand the same load capacity of concrete) in accordance with the parking lot paving requirements in the City's Code of Ordinances (i.e., no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces).

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Table 35-1 for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3') foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parked vehicles shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

In all nonresidential and multi-family zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies.

Handicap parking space(s) shall be provided according to building codes, State and Federal laws, and requirements of the Americans with Disabilities Act (ADA) and must be approved by the Texas Department of Licensing and Regulation (TDLR), P.O. Box 12157, Austin, Texas, 78711 (800-803-9202). The following are general guidelines and are for reference only:

In all nonresidential and multi-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; or for the storage of materials or supplies, display of retail items for sale, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this Section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Director, or his designee.

Off-street stacking requirements for drive-through facilities:

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks (see Figure 35-2[sic]). Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten by forty-five feet (10' x 45'), and such spaces or berths shall be provided in accordance with the following schedule:

In all zoning districts except LI, loading docks or service/delivery entrances shall not be constructed facing any public street, and shall not be visible from any public street. In the LI district, loading docks or service/delivery entrances (which may include overhead rolling steel doors) may be constructed facing a public street if they are set back a minimum of seventy-five feet (75') from the right-of-way line of the street, and if they are visually screened from the roadway (using a "line of sight" which is measured from a vertical height of five feet (5') at the right-of-way line of the roadway). Screening shall be subject to the following standards:

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through, "circular" drive for each ten (10) students cared for excluding child care in a residence. An additional lane shall also be required to allow pass by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

In the approval of a detailed Site Plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

In all Districts (except all Single-Family and Townhouse zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Director, or his designee.

Vehicular access to non-residential uses shall not be permitted from alleys serving residential areas.

Parking space configuration, location, arrangement, size and circulation in all Districts shall be constructed according to Figure 35.1.

In all districts, there shall be provided at the time any building or structure is constructed, enlarged, or occupied by a different use which has a greater parking requirement, off-street parking spaces in accordance with the following requirements:

"Floor Area" shall mean the gross floor area of the specific use.

"Seat" shall be interpreted as follows:

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Director, or his designee, in accordance with the requirements for the most closely related use specified in this Section.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10%) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

For buildings, which have mixed uses within the same structure (such as retail and office); the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, or the building is divided into suites under separate lease or ownership, the parking requirement may be calculated for each use within a structure for buildings over 7,500 square feet. The common parking lot for the entire site, as in a strip shopping center, must contain the total number of required spaces for all of the uses combined without sharing or designating the same parking space for more than one use.

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty (50%) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the Director, or his designee. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Kaufman.

Compact Car Spaces - In the Office (O), Commercial (C), Light Industrial (LI) and Highway Commercial (HC) Districts only, compact car parking spaces may be permitted when approved as part of a detailed site plan by the Planning and Zoning Commission, providing one (1) of the following conditions apply:

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located on the same lot not more than six hundred feet (600) from any nonresidential building served.

Where the required parking spaces are not located on the same lot with the building or use served, i.e. off-site parking, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

Fire lanes shall be provided in all multi-family (and in some single-family attached) and nonresidential developments, as required by the adopted Fire Code of the City (also see the Subdivision Ordinance for certain fire lane regulations).

Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.

Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features

Species, cultivars, or varieties of all plant material to be used.

Size of all plant material to be used (container size, planted height, etc.)

Spacing of plant material where appropriate

Layout and description of irrigation, sprinkler, or water systems including location of water sources

Description of maintenance provision.

Person(s) responsible for the preparation of the landscape plan.

North arrow/symbol.

Date of the landscape plan.

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area. Any additional landscaped (i.e., pervious) areas that are in excess of the required landscaped area shall also be covered with living plant material, such as turf grass or other ground cover (i.e., shall be "greenscaped" rather than being covered with gravel or other unattractive surfacing).

Plant materials shall conform to the standards of the approved plant list for the City of Kaufman (see Figure 36-2 in this Section) or as approved by the Director (or his designee), and the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet crown of spread. Large trees shall be a minimum of two (2) inches in caliper (measured twelve (12) inches above the ground) and seven (7) feet in height at time of planting. Small trees shall be a minimum of one (1) inch in caliper and five (5) feet in height.

Shrubs not of the dwarf variety shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen, which will be three (3) feet high within two (2) years after time of planting.

Vines not intended as ground cover shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms or other areas subject to erosion. If grass seed is planted due to seasonal considerations that is of a temporary nature to prevent erosion (i.e. rye grass) then a permanent variety must be over seeded and established within six (6) months of the original seeding.

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems. Areas totaling less than ten (10) square feet may be irrigated by other methods.

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this Section according to the following table:

Earthen berms shall have side slopes not to exceed thirty-three and three-tenths percent (33.3%) (three (3) feet of horizontal distance for each one (1) foot of height). All berms shall contain necessary drainage provisions as may be required by the City's engineer.

For all nonresidential and multi-family parcels uses, at least fifteen percent (15%) of the street yard shall be devoted to living landscaped area. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks, roadways, or other impermeable surfaces shall be covered with a combination of live grass, turf, shrubbery, trees, ground cover, flowering plants and appropriate mulching (see Figure 36-3). The street yard shall be defined as the area between the building front and the front property line.

All required landscape buffer yards shall contain a combination of grass, turf, shrubbery, trees, ground cover, flowering plants and appropriate mulching (see Figure 36-3). Such landscaping shall screen off-street parking and vehicular use areas from the public right-of-way. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area. The landscaped portion of interior parkways may be included in the required landscape area percentage required in Section 36.6.A.

All parking lots and vehicular use areas, outside the landscape buffer yard/interior parkway, shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two (2) feet minimum width planting strip. Plants and materials used in living barriers shall be at least thirty (30) inches high at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one (1) year after planting.

All existing trees, which are to be preserved, shall be provided with a permeable surface under the existing drip line of the tree. All new trees shall be provided with a permeable surface under the drip line a minimum of four (4) feet by four (4) feet.

A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list. Only shrubs and groundcovers (i.e., no trees) shall be used under existing or proposed overhead utility lines or over buried utilities.[1]

Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with City regulations.

This shall include, but not to be limited to, mowing (of grass of six (6) inches or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials, which die, shall be replaced with plant material of similar variety and size, within ninety (90) days. Trees with a trunk diameter in excess of six (6) inches measured twenty-four (24) inches above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three (3) inches measured twenty-four (24) inches above the ground. A time extension may be granted by the Director, or his designee, if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

The areas of property on both sides of the intersection of a street, alley or driveway shall have a triangular visibility area as prescribed in Exhibit A [sic] of this Section based on the design speed of the public thoroughfare.

Landscaping, such as trees, berms or hardscape, which constitute a hazard to vehicles shall not be located closer than six (6) feet from the back of curb of any public right-of-way. Grass and other low groundcovers may extend to the curb, however, in no case shall irrigation water be allowed to spray or spill onto any public thoroughfare. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Director, or his designee, the requirements set forth herein may be reduced to the extent to remove the conflict.

In a single-family or multi-family district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall be located toward the rear portion of the property.

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located toward the rear portion of the property.

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.

The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be rented, leased or sublet.

Setback requirements shall be the same as for the main structure.

Accessory dwellings are not permitted without the main or primary structure.

In the event that any new multi-family, non-residential uses, or manufactured home parks side or back upon a single-family detached, townhouse or residential PD District, or in the event that any new non-residential district sides or backs to a multiple-family District, a solid masonry screening wall of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between incompatible uses.

All required masonry screening walls shall be equally finished on both sides of the wall and designed by a structural engineer/architect whose seal appears on the construction drawings submitted to the City for the building permit.

Open storage of materials, commodities or equipment (see Section 33, Zoning Districts permitting outside storage) shall be screened with a minimum six (6') foot fence or wall. See Section 33.5 for a definition of outside storage.

In districts permitting open storage, screening shall be required only for those areas used for open storage. A six (6') foot screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one (1) or a combination of the following methods:

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the Director (or his designee) for review and approval prior to construction of said screening/fencing.

Materials for security and privacy fences in Nonresidential Districts shall be designed specifically for permanent fencing use and with a life span of 5 years or more (not for the purposes of required screen walls). These products include chain link, ornamental iron, wrought iron, metal tubing, or masonry products. Barbed wire may be placed on the top of a security fence if there is at least six feet (6) between the ground and the lowest strand. Barbed wire may not protrude outward across any property, easement or right-of-way. Vinyl and wood fence products are not permitted in nonresidential districts.

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

Except as provided by (C) below, no fence or wall shall be permitted in front yard of any single-family or townhouse structure except platted lots within the Agriculture/Open district where the fence may be constructed to the front property line. No fence shall be erected in any front yard or side yard, which is adjacent to a public street. No residential fence shall be closer than twenty feet (20') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin the fence may be constructed out to the property line of said side yard.

Decorative fences with openings not less than fifty (50%) percent of the fence area and not exceeding three feet (3') in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.

See Section 36.8 [36.9] for sight visibility requirements.

Materials for security and privacy fences shall be designed specifically for permanent fencing use and with a life span of three (3) years or more. These products include chain link, ornamental iron, wrought iron, metal tubing, heavy duty vinyl, and wood.

Gates designed for vehicular access shall be set back from the property line a minimum of twenty feet (20').

Fences around swimming pools shall comply with the Standard Swimming Pool Code.

Special purpose fencing, such as fencing around tennis courts, is permitted.

No fence or any part of such fence shall be constructed upon or caused to protrude over any adjacent properties. If any fence is constructed on an adjacent property, the owner or person in control of such premises will be notified by mail to remove the fence. After ten (10) days of the receipt of the notification, if the fence is not removed the owner or person in control of such premises, will be deemed in violation of this ordinance.

No fence or any part of such fence shall alter the natural drainage or planned drainage on any lot.

All fences must be maintained in a plane so as not to overhang on a separate lot.

No fence shall be located within any easement or alleys except by prior written approval of those agencies having interest in such easement.

No fence shall be electrically charged.

Materials prohibited are products such as wood, metal or plastic that is not specifically designed as fencing material. These products include aluminum, barbed wire, chain, chicken/hog wire, corrugated metal, electric fence, fiberglass panels, metal panels, netting, paneling, paper, plywood, razor ribbon wire, rope, string, temporary barrier fencing, used or second-hand material, welded wire fabrics, wire fabrics and any material that could be deemed a public safety hazard.

Exceptions: Barbed wire is permitted for fencing when:

Dumpster/refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multi-family and manufactured home park uses shall be visually screened by a minimum six (6') foot solid masonry wall on at least three (3) sides (see Figure 38-1) for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. The screening walls for the dumpster of new developments shall match the main structure. Alternate equivalent screening methods may be approved through the site plan approval process, Section 39. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading. Compactors located in accessible areas shall have a lock-out device installed on the operating switch to prevent unauthorized operation (such as by children).

This Section establishes a site plan review process for proposed nonresidential and multi-family residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services.

Site plan review and approval shall be required for the following:

Site plan review shall not be required for single-family detached or townhouse residential developments (plats serve as a site plan for single-family developments), except as provided in Section B.5. above, unless the proposed subdivision will include a private amenity/facility comprised of one (1) or more buildings (e.g., a private recreation/swimming facility, etc.) or a golf course, or unless the proposed subdivision will have private (i.e., not public) streets. In these instances, site plan submission and approval (in accordance with this Section) will be required for the private amenity/facility, the golf course clubhouse/hospitality area, and the gated (i.e., restricted access) entrances.

The site plan submission shall be comprised of the following: (all required items/information must be received by the Director, or his designee, in order for a site plan/development review submission to be considered complete -- incomplete submissions will not be reviewed until all deficient items/information has been received).

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Kaufman, and which are directly attributable to a piece of property shall be allowed to submit an application for site plan/development review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.

The site plan and accompanying engineering/construction plans shall contain sufficient information relative to site design and construction to clearly show the extent of the proposed development/ construction, and shall include but not be limited to the following:

The City's staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based upon such information.

Principles and standards for site plan review and evaluation - The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Kaufman, and to ensure that all developments are, to the best extent possible, constructed according to the City's codes and ordinances.

The Director, or his designee, shall review the site plan for compliance with all applicable City ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Kaufman; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

Site plan review and evaluation by the Director, or his designee, shall be performed with respect to the following:

The Director (or his designee) shall review and evaluate all site plan submissions, and shall make a recommendation to the Planning and Zoning Commission to approve the site plan, to approve the site plan with conditions or stipulations, or to deny the site plan for certain reasons. The Director, or his designee, may prepare a written report/evaluation of the site plan/development application, which may include background information on the subject property, its zoning history, development and zoning patterns surrounding the site, discussion of any issues or concerns, and a staff recommendation as described above. The staff report/evaluation should be made available to members of the Planning and Zoning Commission prior to the meeting date on which the application will be considered in order to allow time for review and for site visitation, if necessary.

The Director, or his designee, shall schedule consideration of the site plan on the regular agenda of the Planning and Zoning Commission within thirty (30) days after the submission is received (or, in the case of an incomplete submission, after the submission is deemed complete). The Planning and Zoning Commission shall review the site plan and shall forward its recommendation to approve the site plan, to approve the site plan with conditions or stipulations, or to deny the site plan to the City Council. The site plan shall then be scheduled for consideration by the City Council at their next possible meeting. The City Council shall determine final approval or disapproval of all site plans.

If development of a lot with an approved site plan has not commenced (i.e., a building permit has not been applied for or issued) within one (1) year of the date of final City Council approval of the site plan, then the site plan shall be deemed to have expired. Resubmission of the site plan (i.e., following expiration as described herein) shall be in accordance with site plan submission and review procedures then in effect and shall be accompanied by all required items/information (including payment of filing fees), and reconsideration of the site plan shall take into account all changes to applicable ordinances which may have occurred since prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Director, or his designee, shall have the authority to approve minor modifications to an approved site plan (which shall be submitted as an "amended site plan" which substantially conforms to the previously approved site plan), provided that such modifications do not materially change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, the size or height (i.e., enlargement of buildings), or any other conditions specifically attached as part of City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the Director, or his designee.

In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a "revised site plan" must be resubmitted, reviewed by the Director (or his designee), and reconsidered by the Planning and Zoning Commission and City Council in accordance with the procedures set forth in this Section.

All setback measurements shall be made in accordance with Figures 12.1 and 12.2.

Wherever possible, flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be avoided. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see Subdivision Ordinance for regulations pertaining to the configuration of lots.)

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and townhouse lots have double frontage, extending from one (1) street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one (1) frontage on the plat, in which event only one (1) required front yard need be observed. The side and/or rear yards in the case of single-family and townhouse uses shall be identified and the front of the structure shall not face the side or rear yard.

Where the frontage on one (1) side of a street between two (2) intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see Figure 12.1).

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed twenty-four inches (24"), and surface structures, platforms, porches, decks or slabs may not project into the front yard to a height greater than thirty (30") inches above the average grade of the yard (see Figure 12.2).

Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot.

Gasoline service station pump islands that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this Ordinance are met), but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

On corner lots used for single-family dwellings, normal lots shall observe a fifteen feet (15') side yard adjacent to the side street and on a "key" lot the side yard adjacent to the side street will be equal to the front yard setback of the adjacent house (see Figure 12-1). Interior side yards between houses shall be no less than that specified in each district. On lots, which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street or interior side yards between houses shall comply with the minimum required side yard for the respective district in the Ordinance in effect at the time of platting.

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve (12") inches into the required side yard, and roof eaves projecting not to exceed twenty-four (24") inches into the required side yard (see Figure 12-2). Air conditioning compressors and similar equipment are permitted in the side yard.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

In the districts where the height of buildings is restricted to two (2) or two and one-half (2-1/2) stories (30 feet), cooling towers may extend for an additional height not to exceed fifteen feet (15') above the roof line of the building. Architectural features normally associated with churches, schools, public buildings or other institutional buildings such as, steeples, domes, finials, bell towers and spires, may be erected to exceed the two (2) or two and one-half (2-1/2) story height limit (30'), as specified in the particular zoning district, by no more than 50% of the allowed maximum height of the building.

In all residential zoning districts (A-O, SF-20, SF-10, SF-8, SF-6, TH, MF-1, MF-2 and MH), commercial antennas and antenna support structures are prohibited, except as specified within this Section.

In nonresidential zoning districts (O, LR, R, CBD, C, LI and HC), commercial antennas and antenna support structures are allowed as follows:

No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures exceeding fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards (see Figure 12.1).

Antennae (amateur or commercial) shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners.

Satellite dishes and other similar antennas shall be permitted on the roof of a building, as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not extend over twelve feet (12') above the roof of the building. Any parabolic or satellite dish antenna over three feet (3') in diameter, but not exceeding twelve feet (12') in diameter, may be mounted on the roof if a letter stating its structural stability is written by a registered architect or engineer and submitted to the Director, or his designee. Roof-mounted antennae that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.

Only one (1) satellite dish shall be permitted per residential lot or primary structure, except that a maximum of two (2) dishes shall be allowed if both units are three feet (3') or less in diameter. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter, and must be permitted by the Director, or his designee.

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and FCC shall be prohibited on any antenna or antenna support structure.

All publicly owned antennae or antenna support structures shall be permitted in any district (e.g., public safety communications, etc.).

Open storage of materials, commodities or equipment shall be located behind the front building line, screened from view from a public right-of-way and observe all setback requirements for an accessory building. This standard does not apply to outside display of merchandise for sale by a retail business (see definition of outside display in Section 33.5). The open storage of building materials, stone, brick, sand, gravel or other such materials shall not exceed fifteen (15') feet in height except as permitted in a temporary concrete batch plant or construction site.

All open storage areas, within Single Family and Multi Family Districts and any residential uses, shall be allowed with the following limitations:

Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Chart 3 Accessory and Incidental Use Charts and in Section 33.5 Definitions. In addition, the following uses and activities shall be considered temporary uses:

An application for a Temporary Use Permit shall be submitted to the Director or his designee at least 10 working days before the requested start date for a temporary use and shall include the following:

The Director shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Director shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Zoning Board of Adjustment.

Temporary uses shall comply with the following requirements:

The Director may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use.

A denial of a temporary use permit by the Director may be appealed to the Zoning Board of Adjustment. The appeal shall be made by submitting an application for a variance to the Director with the required fee as listed in the Fee Schedule, Ordinance O-29-03, as amended.

As applicable to meeting the minimum requirements for the building façade requirements within each zoning district; all building material must be applied using the recommended standards from the manufacturer. The following masonry materials are permitted:

The standards and criteria contained within this subsection are minimum building façade standards and shall apply to all new building construction.

Notwithstanding any other provisions of this Ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations, and requirements:

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards.

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

Exemptions - The following uses and activities shall be exempt from the noise level regulations herein specified.

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified in 3-1302-1 and 3-1302-2 shall not apply.

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.

Open storage and open processing operations, including on-site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per 1000 cubic feet of air.

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Chief of the City of Kaufman.

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Kaufman Fire Code or are approved by the Fire Chief.

No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10%) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.

All industrial/commercial establishments that have a commercial sewer or wastewater tap into the City's wastewater treatment system must submit an Industrial/Commercial Wastewater Discharge Permit Application in accordance with Chapter 106 [chapter 12] of the City of Kaufman Code of Ordinances with the appropriate fee to the Public Works Director.

No operation or use shall at any time create earth borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet (3). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.3 foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

All off-street parking areas for non-residential uses in non-residential districts, which are used after dark, shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in Section 42.5 below.

Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used.

Home occupations shall be permitted as accessory use in single-family residential zoning districts (i.e., A-O, SF-20, SF-10, SF-8, SF-6, TH, MF-1, MF-2 and MH) provided that they comply with all restrictions herein;

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty (20%) percent of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

One (1) commercial vehicle, capacity of one-ton or less (according to the manufacturer's classification), may be used or parked on the property in connection with the home occupation, but said vehicle may not be parked in the street;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, Realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one (1) pupil at a time;

Individual tutoring and home schooling;

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc;

Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;

Registered Family Homes (see definition in Subsection 33.5), in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children;

Barber shop/beauty salon or manicure studio, provided that no more than one (1) customer is served at a time;

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

Bed and Breakfast Facility (see definition in Subsection 33.5), provided that no more than five (5) guests are accommodated/served at a time.

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one (1) pupil at a time;

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind;

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Ordinance, and except for occasional garage sales;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals;

Repair shops or services, except as specifically provided in Section 43.4 above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines; and

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

Any use that is not either expressly allowed nor expressly prohibited by Sections 43.4 and 44.5 [43.5], respectively, is considered prohibited, unless and until such use is classified by amendment to this Ordinance by the Kaufman City Council, subsequent to an affirmative recommendation by the Planning and Zoning Commission.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Section 34 and provided that the home occupation use is not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Ordinance shall be required.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue.[1]

The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Kaufman and will adversely affect the safety and efficiency of the City's transportation network; and;

Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and;

The proliferation of signs in the City has an adverse effect on adjacent property values; and;

The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City.

To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs;

To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade;

To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs;

To enhance the image of the City, which is conveyed to tourists and visitors by controlling the location, number, and size of signs;

To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and;

To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight.

To incorporate the sign standards and regulations for all approved Planned Development Districts. Alternate sign specifications may be approved with a Planned Development District, but any signs not specified will follow the existing Sign Regulations.

The following words or terms used in Section 44, Sign Regulations shall be defined and interpreted as follows. Interpretations of meaning shall be made by the Director of Development Services or his/her designee.

No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this Ordinance until a permit for such has been issued by the City of Kaufman and the fee paid, except as otherwise provided in this Ordinance. Permit fees are contained in the Code of Ordinances as amended. A permit for a sign shall expire if the work is not commenced within ninety (90) days from the date of issuance of such permit.

Where signs contain electrical wiring and connections, an electrical permit must also be obtained by a licensed electrician in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code or regulations.

The City shall not issue a permit under the provisions of this Ordinance to any person, business, entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance.

No sign shall be located in any easement or in any right-of-way, except for bandit signs. No sign shall overhang into any utility easement or right-of-way, except for projecting signs in the Central Business District (CBD).

All applications for permits shall include each of the following:

No sign requiring a permit may be erected or installed without first having a permit. If any work, for which a permit is required by this Ordinance, has been commenced without first obtaining a permit may be subject to fines or double fees, in addition the following shall apply:

The City may inspect annually, or at such other times as it deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same complies with provisions of this Ordinance, is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair.

Any sign which the City determines no longer serves a bona fide use or does not conform to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within ten (10) days after written notification to do so from the City.

If the City shall determine that, any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, shall be given written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after the notice. The City may remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property.

Any sign required to be removed by the City, shall be removed by the permit holder, sign owner, or property owner within ten (10) days after written notification to do so. Upon failure to comply with the notice, the City may enter the property upon which the sign is located to cause the removal of the sign. The owner of the land, building or structure to which the sign is attached or upon which it is erected and the owner of the sign and the holder of the sign permit are jointly and severally liable for any expense incident to removal.

will be processed according to the procedures set forth in Section 9 of this Ordinance.

Signs may not contain any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals.

Portable signs, unless specifically allowed by this Ordinance.

Signs erected in violation of any ordinance adopted by the City of Kaufman or any state or federal law. (e.g. traffic visibility requirements, zoning, building code, or electrical code).

Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure.

Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers or no parking).

Signs with animation, strobe lights, beacon lights, rotating or revolving sign structures are not allowed.

Off-Premise signs, unless specifically allowed by this Ordinance.

Signs attached to or painted on the outside of a fence, wall or railing, unless specifically allowed by this Ordinance.

Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed one and one-half square feet (1-1/2 sf).

Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance.

Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

The use of old cars, airplanes, boats or other objects mounted atop a pole/pylon, monument, roof or wall exceeding the restrictions on projection or thickness shall be prohibited.

Billboard signs unless specifically allowed by this ordinance.

Nameplates, or signs reflecting the name of a building or structure (i.e., a fence or the name of the company that built or designed the building or structure, not exceeding one and a half square feet (1-1/2 sf) in area.

Memorial signs, plaques or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials.

Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non-advertising signs as may be approved by the Director or his/her designee.

Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code.

Changing out the text of a sign for previously permitted signs designed to provide a changeable message area.

Movement Control Signs may be erected and may be attached or detached and shall be erected in the minimal number required to give adequate direction to pedestrians or motorists; provided that such signs shall comply with all other applicable regulations of this Ordinance. Movement Control Signs shall be on premise signs only or if approved by the Director of Development Services they may be placed within platted subdivisions. Movement Control Sign shall comply with the following regulations:

The occupant of a premise may erect a maximum of two (2) Protective (Warning) Signs per street front, in accordance with the following regulations:

Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Also, exempt are decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such.

Political signs shall be allowed without obtaining a permit under the following conditions:

Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, recreational or civic institutions with the following regulations:

All flags shall conform to the following regulations:

No person shall display on any sign any obscene or indecent matter as defined by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct. Any sign which does contain any obscene, indecent or immoral matter shall be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this Section.

A sign becomes obsolete when the purpose it relates to has been abandoned or inactive for a period of six (6) months. The owner of the property on which the sign is located shall be responsible for removal of the sign within thirty (30) days of obsolescence.

Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria. Such signs shall be brought into compliance, or the sign must be removed, no later than the tenth (10th) day after written notice of such violation is sent to the property owner, permit holder or person in control of the property, via certified mail. The owner of the property, permit holder or person in control of the property on which the sign is located, shall be jointly and severally responsible for compliance with this subsection.

All signs shall be designed and constructed to withstand a wind pressure of not less than thirty pounds (30 lbs.) per square foot of area, and shall be constructed to receive dead loads as required by the building code and regulations of the City of Kaufman. Any sign which stands at a height of twenty-five feet (25') or more shall be engineered and an engineer's seal affixed to the drawings submitted for a permit.

It shall be unlawful to erect, relocate, or maintain a sign in any manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a standpipe or fire escape.

No portion of any sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the City, unless the same is erected by the City or with the permission of the City for public purposes, except for projecting signs in the Central Business District and bandit signs.

Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations:

Roof sign shall only be allowed in nonresidential districts. Attached roof signs shall meet the following regulations:

Window signs do not require a permit or a permit fee. Window signs shall only be allowed in nonresidential districts and the Multifamily 1 (MF-1) and Multifamily 2 (MF-2) Districts. Window Signs shall meet the following regulations:

Awning signs shall only be allowed in nonresidential districts and the Multifamily 1 (MF-1) and Multifamily 2 (MF-2) Districts. Awning signs shall meet the following regulations:

Projecting signs shall only be allowed in the Central Business District (CBD). Projecting signs shall meet the following regulations:

Canopy signs shall only be allowed in nonresidential districts and the Multifamily 1 (MF-1) and Multifamily 2 (MF-2) Districts. Canopy signs shall meet the following regulations:

Murals and ghost sign restorations are only allowed in the Central Business District (CBD) and are subject to the following regulations:

All monument sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with treated wood, stone or brick. The sign support shall be constructed or covered with the same masonry material as the principal building, or stone, or brick. Totally encased sculpted aluminum or plastic sign panels shall be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure.

Monument signs can be illuminated by a ground lighting source where the light itself and supporting structure are screened from public right-of-way, except, signs with sculpted aluminum panels, cut-out letters, or other type of raised lettering may be back lit using internal lighting.

No monument sign shall be placed in the sight visibility triangle of any driveway, alley or street intersection.

Signs may include a maximum area of thirty-two square feet (32 sf) that incorporates changeable messages or lettering, as defined, in the sign face. A changeable message sign with animation, strobe lights, beacon lights, rotating or revolving sign structures are not allowed.

The Gasoline Pricing Sign shall be integral to the permitted sign for the site, subject to the following limitations:

Pole/pylon signs may be illuminated utilizing only internal lighting.

No pole/pylon sign shall be placed in the sight visibility triangle of any driveway, alley or street intersection.

A pole/pylon sign designed to be shared by two or more lots, with connecting property lines, located within four-hundred-fifty feet (450') of the US. Highway 175 right-of-way.

Menu board signs shall only be allowed in non-residential districts. Menu board signs shall meet the following regulations:

Subdivision entry signs shall only be allowed in residential districts. Subdivision entry signs must meet the following regulations:

Directory signs shall only be allowed in non-residential districts. Directory signs shall meet the following regulations:

Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time. Promotional signs are subject to the following regulations:

Bandit signs shall be placed within the right-of-way only between the hours of noon (12:00 p.m.) Friday and 9:00 p.m. Sunday.

Bandit signs located in the right-of-way shall comply with the following location regulations.

Bandit signs located within the right-of-way shall not exceed six square feet (6 sf).

Bandit signs located within the right-of-way shall not exceed a total height of three feet (3').

The maximum number of bandit signs that may be placed under a single permit shall be limited to twenty-five (25) signs. The maximum number of permits that can be issued to any bandit distributor is four (4) bandit permits, for a total not to exceed one-hundred 100 signs. A company may not send multiple employees to get four (4) bandit permits each.

Unpermitted bandit signs, or bandit signs in violation of this Ordinance, may be immediately removed from the right-of-way. Bandit signs may be disposed of as set forth in this Ordinance.

The annual permit fee for bandit signs, erected in the right-of-way, between January 1 and December 31 of any one (1) year, shall be set forth in the Fee Schedule in the Code of Ordinances.