O86-17ORDINANCE NO. 86 -17
AN ORDINANCE AMENDING CITY CODE OF THE CITY OF
KENNEDALE, TEXAS AND ESTABLISHING A SPECIAL
OVERLAY ZONING DISTRICT: PROVIDING A SEVERABILITY
CLAUSE: PROVIDING A PENALTY CLAUSE: PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Kennedale, Texas has
received recommendation from the Planning and Zoning Commission of
the City of Kennedale, Texas relative to the establishment of a
Special Overlay Zoning District and amending all ordinances in
conflict therewith; and,
WHEREAS, after due consideration and review; Public Notice and
compliance with all laws pertaining thereto; the City Council of
the City of Kennedale, Texas has determined that it is in the best
interest of the public health, safety, and welfare to provide for
orderly development of all properties within the City of Kennedale;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
City Code, Section 13 -15 of Article 2, Subsection (a) is
hereby amended by addition of a tenth zoning district to
be designated as "SD" "Special Overlay District" placed
immediately after the "G" Industrial District.
SECTION 2.
City Code, Article 2, is hereby further amended in part so
as to provide for Section 13 -25A which shall read:
Section 13 -25A. "SD" Overlay District:
This district shall function as an overlay zoning district
whereby the standards identified in this district are
superimposed and shall supercede the regulation of an
approved standard zoning district, where such district's
regulations are in conflict with the provisions of these
sections. All regulations of the approved standard zoning
district shall be in effect except as identified in the
"SD" Overlay District regulations identified in this
section.
(1) Description The "SD" Overlay District regulations
are specifically applied only to the following property:
All land within the Kennedale City Limits west
of the western right -of -way for Little School
Road and North of the point of intersection of
the westerly right -of -way of Little School Road
and the north line of the T. F. Rogers Survey
(Abstract 1363).
(2) Use Regulations Prior to the use of any land on which
the "SD" Overlay District has been approved, zoning to
establish a permitted standard zoning district shall be
approved in accordance with Chapter 13, Subchapter "B"
of the code. The "SD" designation serves as a prefix
identification to the approved standard zoning district.
A building or premise in this district shall be used
only for the following purposes:
(a) Any non - residential use identified in the "A"
district.
b Any use identified in the C D "Ell, or
"F" districts subject to the conditions identified
in (3) prohibiting certain land uses and (4) re-
quiring restricted land use approval for certain
identified land uses so long as said uses are per-
mitted uses within the approved standard zoning
district. No cumulative use permitted in a stand-
ard zoning district with an "SD" prefix shall be
permitted if such use is permitted within a more
restrictive article than the article in which the
standard zoning district is contained (i.e., "SD "-
prefixed zoning districts are non - cumulative be-
tween articles).
(c) Uses identified in this paragraph are expressly
prohibited as the primary use of land on any lot or
tract in the "SD" Overlay District. Such uses are
also prohibited secondary uses except as identified
in this section as permitted secondary uses.
(1) The residential uses described in the "A"
and "B" districts.
(2) Any use identified in the "G" or "G1"
district unless otherwise permitted.
(3) Plant nursery
(4) Travel trailer park
(5) Rental stores with outside storage
or display
(6) Landscape materials sales, rental, or
supply with outside storage
(7) Pool or billiards hall
(8) Amusement center
(9) Amusement park
(10) Outdoor amusements including but not
limited to commercial swimming pool, drive -in
theatre, driving range, miniature golf course,
riding stable or club.
(11) Retail package sale of spiritous, vinous
and malt beverages except malt beverage sales
as an incidental use to retail grocery sales
and located in wet areas and uses authorized in
City Ordinance 86 -1, January 9, 1986.
(12) Second hand goods
(13) Pawn shop
(14) Kennel
(15) New motor vehicle part sales with outside
storage
(16) Used motor vehicle parts sales except as
a secondary use to new motor vehicle part sales.
No outside storage is permitted.
(17) Used motor vehicle sales except as sec -
condary to new motor vehicle sales.
(18) Repair garages except as secondary use
to new car sales. Other installation of new
motor vehicle parts, including tires and /or
motor vehicle repair, as an incidental use
to retail sales shall be permitted as a sec -
condary use so long as:
(i) Installation /repair area, including
service bays, does not exceed 200 of the
gross floor area of the related tenant
space.
(ii) No spray painting or body work
is permitted or occurs on the premises.
(19) Auto upholstery or muffler shop
(20) Paint and body shop
(21) Tire recapping or retreading
(22) Salvage or reclamation
(23) Temporary storage of impounded vehicles
or vehicles awaiting dismantling or repair.
(24) Recreational vehicle, boat, or trailer
rental, sales or storage
(25) Automobile, truck or motorcyle rental,
storage or secondary sales except as secondary
use to new automobile, truck, or motorcycle
sales
(26) New or used heavy equipment rental, sales
or storage
(27) Any use involving nude employees
(28) Petroleum products wholesale storage
(29) Planing mill
(30) Railroad yard, shop, or roundhouse
(31) Nightclub, bar or private club, except as
a secondary use to a restaurant
(32) Hotel, motel or overnight lodging
(d) Restricted Land Uses: A building or premise in
this Overlay District may be used for the purpose
identified in this paragraph only when the use has
been identified and specifically approved in com-
pliance the provisions of Subchapter "B" of the
zoning ordinance.
(1) Restaurant with drive -up, drive -thru or
walk -up window service
(2) Gasoline service station
(3) Recycling collection center
(4) Mini- warehouses
(5) Car wash; with the exception that a single
bay, fully automated car wash shall be permitted
as a secondary use to retail gasoline sales
(3) Setback Regulations:
(a) Minimum front setback adjacent to arterial
streets shall be twenty -five feet (25') measured
from the right -of -way line. No parking shall be
permitted in the required setback adjacent to and
within ten feet (10') of such street.
(b) On all other streets approved by the City
Council, the minimum setback adjacent to such
street shall be the same as the approved
standard zoning district except that in no
case shall such setback be less than ten feet
(10 No parking shall be permitted in that
part of the required setback within five feet
(5') of a lot line abutting a street.
(c) All other setbacks, including interior
lot line setbacks, shall be in compliance with
the approved standard zoning district.
(4) Parking Regulations
For each permissible use in this district, off - street
parking shall be provided in accordance with all
regulations governing the approved standard zoning
district. The surface for parking shall be paved
with either Hot Mix Asphaltic Concrete or Rein-
forced Portland Cement Concrete always maintained
in good condition and repair.
(5) Sign Regulations
(a) Sign. For the purpose of this section, a sign
is:
Any billboard, illustration, insignia,
letters, lettering, picture, display banner,
pennant, flag or other device, however made,
displayed, painted, supported or attached,
intended for the purpose of advertisement,
identification, publicity or notice intended
to be visible exclusively from off the property
or from a parking lot.
(b) Sign area. For the purpose of this section,
the area of the smallest triangle, rectangle or
circle which can wholly enclose the surface area
of the sign shall be* used for calculating .
sign area with the exception that on dual -faced
signs, where two sides are parallel, only one
side shall be counted. Three dimensional signs
shall be treated as dual -faced signs such that
the total area shall be twice the area of the
smallest triangle, rectangle or circle which can
totally circumscribe the sign and the plain of
its largest dimension. Frame and structual members
that do not meet the definition of "sign" as
defined above shall not be included in the compu-
tation of sign area.
(c) Projection and Shielding. Projecting signs
may be extended a maximum of four (4) feet from
a building wall or screening surface. No portion
of any free - standing sign shall be extended beyond
the property line of the lot on which such sign
is located.
(d) Permit Required. No sign shall be erected in
the "SD" zone until a permit has been received in
accordance with other applicable sections of the
Kennedale City Code.
(e) Purpose of Sign. All signs shall pertain to
the principal use, service rendered, or product
sold on the premises on which the sign is located
and shall not include advertisement, identifcation,
publicity, or notice of goods, services, estab-
lishment, enterprises, activities, persons, organ-
izations, and facilities which are not located on
the premises or which are incidental to the primary
use of the premises.
(f) Signs Permitted in All Areas. Signs listed
in this section are permitted in all areas and shall
not require licenses and shall not be counted when
calculating the quantity of signs and the total
allowable sign area provided that such sign shall
conform with all other applicable regulations.
(1) Name and address of resident of not more
than two (2) square feet in sign area. Such
sign shall be non - illuminated. No commercial
advertising shall be allowed on such signs.
(2) Real estate and development signs
advertising the development sale or lease
of property provided that no more than
one (1) sign shall be permitted for each
one hundred (100) feet of road frontage
and provided that said signs do not exceed
sixty -five (65) square feet and have no
moving parts, flashing lights, or illu-
mination which may interfere with vehicular
traffic.
(3) Trespassing signs or other signs
regulating the use of the property on
which they are located provided that
such signs do not exceed an area of two
(2) square feet.
(4) Signs identifying on- premises traffic,
parking or other functional activity such
as laboratory facilities, telephone, ingress
and egress signs,etc., and bearing no com-
mercial advertising.
(5) Signs erected by the municipality for
traffic control purposes and bearing no
commercial advertising.
(6) Temporary signs advertising auctions or
special events provided that such signs shall
not be in place for over ten (10) days and
shall be non - illuminated and non - electric.
(7) Permanent signs on awnings provided that
any sign so located shall be affixed flat to
the surface thereof.
(g) Signs Prohibited in the "SD" District. The following
signs shall not be permitted, erected or maintained in the
"SD" zoning district.
(1) Signs which incorporate in any manner any
flashing or moving illumination or with illumi-
nation which varies in color.
(2) Signs which have any visible moving parts
including signs which achieve movement by action
of wind currents. All signs must be affixed to
permanent structures.
(3) Any sign or sign structure which constitutes
a hazard to public safety or health.
(4) Signs which by reasons of size, location,
content, coloring or manner of illumination
obstruct the vision of a driver or obstruct or
detract from the visibility or effectiveness
of any traffic sign or control device on public
streets and roads.
(5) Any sign which obstructs free ingress or
egress from a fire escape, door, window or other
required exit way.
(6) Any sign which interferes with any opening
required for ventilation.
(7) Any sign which makes use of words such as
stop, look, one way, danger, yield or any other
similar words, phrases, symbols, lights or
characters in such a manner as to interfere
with, mislead, or confuse the vehicular traffic.
(8) Any obsolete sign which no longer advertises
a bonified business conducted or a product sold on
the permises; signs painted on, attached to and
supported by a tree, stone, cliff or other natural
object.
(9) String lights and strip lighting other than
holiday or festive decorations which shall not be
erected in excess of twenty -one (21) days.
(10) Search lights, pennants, spinners, balloons,
bull horns, banners or streamers except as may be
allowed for the initial opening of a business and
not to exceed ten (10) days.
(11) All off - premises advertising except the
following shall be prohibited.
(a) Real estate signs advertising the property
for sale and meeting the requirements specified
herein. Such shall be removed when sale is
completed and located only on the property
which is subject to sale.
(b) Campaign signs provided that such signs
shall be permitted for a period of not more
than thirty (30) days prior to the election
and must be removed within five (5) days
after the election.
(12) No sign shall be allowed to exist on any
property which advertises a business or organi-
zation which no longer exists at said property.
(13) No sign shall be allowed to exist which has
deteriorated to a point of needing greater than
250 of the cost of replacement and necessary
repairs.
(h) Sign Quantity. There shall be no more than one (1)
wall- mounted sign and one (1) free - standing sign permitted
per lot. If a lot has more than one (1) business as in the
case of covered walks, interior malls or shopping centers
with stores located in a single building or on a single lot,
one additional wall- mounted sign shall be allowed for each
business.
(1) Only one (1) wall- mounted sign shall be allowed per
business frontage.
(2) Any business located on a corner lot or having additional
frontages shall be allowed one (1) wall - mounted sign within
the limitations provided herein for each road frontage.
(i) Sign Size. The size of signs in the "SD" district shall
be as follows:
(1) Free - standing signs shall be limited in sign
area to fifty ( 50 ) square feet.
(2) Wall - mounted signs affixed to a business
frontage shall be limited to a sign area of 100
of the business frontage signable area and a width
of 750 of the overall width of designated business
frontage for any given building.
(j) Sign Height. The heightof signs in the "SD" district
shall be as follows:
(1) Free - standing signs shall be limited to a
maximum height of twenty (20) feet.
(2) Wall - mounted signs affixed to a business
frontage shall not exceed the maximum height
prescribed for buildings or other structures
within the standard zoning district in which
the sign is located.
(3) The height of all signs shall be measured
from grade.
(k) Other Requirements. All signs should be erected and
constructed of high quality and durability. It shall be
the responsibility of the building inspector to review all
applications for the construction of signs within the "SD"
district and to determine the quality and durability of a
proposed sign prior to granting permission for construction
of any sign.
(6) Spec ial Conditions of the "SD" District.
(a) No fencing shall be permitted in any required set
back abutting a public street except as required herein
or as part of a secondary landscaping theme.
(b) No outside display of goods, wares or merchandise
shall be permitted.
(c) No loading dock shall be located on any store or
building front.
(d) Refuse Facilities: Any refuse facility or container
shall be screened from view of public streets and highways
by screening device. In no case may refuse facilities,
dumpsters, or other refuse containers be located in the
front or side yard of any business or structure.
(e) All structures shall be constructed of a minimum of
90% masonry construction and shall specifically include a
minimum of 100% masonry construction on any front or side
exterior wall, excluding windows and doors.
(f) Approval of an "SD" designation on any given zoning
district shall be deemed approval of a less or more
intensive district whichever case applies than approval
of such zoning district without an "SD" designation.
(g) Specific use permits shall be permitted in this
district so long as such specific use permit is provided
within the suffix district applicable to the property
within the "SD" Overlay District, is consistent with the
spirit and intent of the "SD" Overlay District and is not
a prohibited use within the "SD" Overlay District.
(h) SCREENING: Suitable trees and other landscaping
will be used as a buffer between businesses located
within the "SD" district and all other districts and /or
existing residential areas. Appropriate fencing may also
be required in addition to the landscaping as determined
by the Planning and Zoning Commission or the City Council.
All screening plans will be subject to approval of the
above bodies.
(i) Maintenance of Common Open Space and Screening
Devices: When common open space, common recreational
areas or private utilities and private streets are
approved as a part of a development plan, the appli-
cant shall also submit a scheme, subject to the ap-
proval of the City Council, for assuring continued
retention and perpetual maintenance of said items
for as long a time as the development exists. The
approved documents embodying restrictive covenants,
deed restrictions, or other methods of giving such
assurance shall be filed for record in the County
Clerk's office at such times as the Planning and
Zoning Commission or Council directs.
SECTION 3.
Whoever violates any provisions of this chapter shall
be fined not more than two hundred dollars ($200.00)
for each day such violation exists and each day such
violation exists shall constitute a separate offense.
The City Administrator or his authorized representative
has the right to enter on the premises at reasonable
times for the purposes of determining that such uses
or signs as provided herein are in compliance with
permitted uses and, di.splay.of signs, maintenance
of signs and any other provisions as specified in
this ordinance.
SECTION 4.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable
and if any phrase, clause, sentence, paragraph or
section or this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment
of final decree of a court of competent jurisdiction,
such voidness, ineffectiveness, or unconstitutionality
shall not effect any of the remaining phrases, clauses,
sentences, paragraphs and sections hereof, since the
same would have been enacted by the City Council
without the incorporation herein of any such void,
ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 5.
This ordinance shall be effective from and after its
adoption and publication as required by law.
PASSED IN OPEN SESSION of the City Council of the City of Kennedale,
Texas, on the 13th day of November, 1986.
APPROVED:
MA OR STEVE RADAKOVICH
ATTEST:
GALA L. K, CITY-SECRET.ARY
APPROVED AS TO FORM:
DON DRIVER, CITY ATTORNEY