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ORDINANCE NO. 191 SEC`r~~1 ~~}'`S COPY
AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY
CODE (1992), AS AMENDED, BY REVISING REGULATIONS
APPLICABLE TO ACCESSORY BUILDINGS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a Comprehensive Zoning Ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other purposes
and providing for a method to amend said ordinance and map for the purpose or promoting
the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the city council of the City of Kennedale, Texas, does hereby deem it
advisable and in the public interest to amend the Comprehensive Zoning Ordinance as
described herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission
of the City of Kennedale on the 20T"day of April, 2000, and by the City Council of the City
of Kennedale on the 11th day of May, 2000, with respect to the amendments contained
herein; and
WHEREAS, all requirements of law dealing with notice and publication and all
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procedural requirements have been complied with in accordance with the Comprehensive
Zoning Ordinance and Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-405 of the Kennedale City Code is hereby amended by revising
paragraph (d), footnote (i) to read as follows:
(i) Accessory buildings, in the zoning classifications "R-1 ",
"R-2, "R-3", Duplex and Old Town, are those structures
that are subordinate to the main residence, on the same
lot. Accessory buildings may not exceed fifteen (15)
feet in height and include detached garages,
bathhouses, greenhouses, bomb/fallout shelters, and
barns. Storage buildings that contain more than 175
square feet of space are included in this category.
Accessory buildings shall be located at least five (5)
feet from the residence, eight (8) feet from the side lot
line and eight (8) feet from the rear yard line, public
easement or drainage easement. Accessory buildings
shall be of new construction and have exterior walls
made of wood, stone, brick, or vinyl siding.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the Code of
the City of Kennedale, Texas, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
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clause sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as
amended, or any other ordinance or code provision affecting zoning and land use which
have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication clause
and effective date clause of this ordinance as provided by Section 3.10 of the Charter of
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the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF , 2000.
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EFFECTIVE: S- Z_ ~- 00
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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