O187;:.. ! ,
ORDINANCE NO. 187 ~~CE~~~~~°~'~~ ~OP_Y.
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF KENNEDALE, BY PROVIDING
FOR THE EXTENSION OF THE BUSINESS 287 OVERLAY DISTRICT
UPON ANNEXATION AND PROHIBITING SEXUALLY ORIENTED
BUSINESSES WITHIN SUCH DISTRICT; CREATING AN INTERSTATE 20
/ LOOP 820 OVERLAY DISTRICT; PROVIDING LAND USE
REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; REVISING
REGULATIONS PERTAINING TO NONCONFORMING USES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas 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,
for the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission
of the City of Kennedale on the 20th day of January, 2000, and by the City Council of the
City of Kennedale on the 10th day of February, 2000, with respect to the zoning
amendments described herein; and
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s
WHEREAS, all requirements of law dealing with notice to other property owners,
publication, and all procedural requirements have been complied with in accordance with
the comprehensive zoning ordinance and Chapter?_11 of the Local Government Code; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend the Comprehensive Zoning Ordinance, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-420 of the Kennedale Zoning Ordinance is repealed in its entirety and
replaced with the following:
Sec. 17-420. Overlay districts.
(a) Location of overlay districts. In addition to any other applicable
regulations, the standards contained in this section shall govern the
development of land and structures along the Business 287 corridor and the
Interstate 20 /Loop 820 corridors.
(1) Business 287 overlay district. The Business 287 overlay
district shall be that corridor which is located along the entire length
of Business 287 between southeast Loop 820 (to the northwest) and
F.M. 1187 (to the southeast) and passing through the City of
Kennedale. The overlay district shall include all property that has its
access to and is located within 300 feet of the centerline of Business
287 on both sides of the highway except for that portion which is in an
unincorporated area. Any area within these boundaries that is
annexed into the city after the adoption of this section shall
automatically be included in the Business 287 overlay district.
(2) Interstate 20 /Loop 820 overlay district. The Interstate 20 /
Loop 820 overlay district shall be that corridor which is located along
the south side of the entire length of the Loop 820 and Interstate 20
access road adjacent to the Kennedale city limits, between the Union
Pacific railroad tracks to the west and the westernmost side of the
access road bridge over Village Creek to the east. The Interstate 20
/Loop 820 overlay district shall include all property that has its access
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to and is located on the south side of the road within 300 feet of the
centerline of the Loop 820 and the Interstate 20 access road adjacent
to the Kennedale city limits.
(b) Purpose. The purpose of the overlay districts are:
(1) To provide for the development of a combination of office,
retail, service, commercial, industrial and manufacturing uses in a
consistent manner throughout the overlay districts in the City of
Kennedale; and
(2) To enhance the visual image of the corridors and maximize
traffic safety.
(c) Applicability in evenf of conflict. This section is to be superimposed
in addition to the regulations applicable to any approved underlying (or base)
district. To the extent of any conflict between this section and any other
provision in any city ordinance, the more strict provision shall prevail.
(d) Permitted underlying (or base) district. Prior to the use of any land or
building in the overlay district, a permitted underlying (or base) zoning district
shall be approved in accordance with section 17-429 of this article in addition
to the overlay district.
(1) Permitted underlying zoning districts in the "Business 287"
overlay district shall include "C-1," "C-2"and "I"districts. "AG," "R-1,"
"R-2," "R-3, "OT," "D," "MF," and "MH" districts are not permitted as
underlying districts. Sexually oriented businesses are not permitted
in the Business 287 overlay district.
(2) Permitted underlying zoning districts in the "Interstate 20 /Loop
820" overlay district shall include "R-3," "MF," "MH," "C-1 ," "C-2," and
"I" districts. "AG," "R-1," "R-2," "OT," and "D" districts are not
permitted as underlying districts. Sexually oriented businesses are
not permitted in the Interstate 20 /Loop 820 overlay district.
(e) Building setback regulations.
(1) For all permitted uses in the overlay districts, the minimum
building setback adjacent to Business 287 or the access road to
Interstate 20 /Loop 820 shall be 25 feet measured from the nearest
right-of-way of Business 287 or from the nearest right-of-way of the
access road to Interstate 20 /Loop 820.
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(2) For all public streets other than Business 287 or the access
road to Interstate 20 /Loop 820, the minimum building setback
adjacent to such streets shall be ten feet measured from the nearest
right-of--way line of such street. However, if the underlying zoning
district setback is more restrictive, that setback shall apply.
(3) For buildings not adjacent to a public street, the minimum side
and rear building setback shall be in accordance with the underlying
zoning district.
(4) Any building not in an overlay district before the effective date
of this ordinance, or any building in the Business 287 overlay district
that was in existence before September 9,1993, shall not be required
to comply with the setback provisions of this subsection, but shall
comply with any setback provisions already existing pursuant to the
underlying zoning district.
(f) Parking regulations.
(1) For each permissible use in an overlay district, all off-street
parking shall be regulated in accordance with the regulations of
section 17-424 of this article.
(2) No parking facility, paved surface, or sealed surface shall
occupy any portion of a landscape setback required by this section
except as indicated in subsection I ("Loading dock regulations for new
construction").
(3) On-street parking and parking in any right-of-way is prohibited
except for emergency purposes.
(4) Any building or use not in an overlay district before the
effective date of this ordinance shall be required to comply with the
parking regulations of this subsection by September 9, 2000. All
other uses shall be required to comply immediately with this
subsection.
(g) Building construction regulations.
(1) Any building wall that faces Business 287 or the access road
to Interstate 20 /Loop 820 shall have a minimum of 80 percent of the
surface area of the exterior walls from the grade to the eave area,
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excluding doors and windows, constructed from one or more of the
following permanent building materials:
a. Glass or natural stone;
b. Face brick or face tile;
c. Concrete; or
d. Split face concrete masonry units (haydite block) or
decorative pattern concrete block masonry units.
(2) Any building or use not in an overlay district before the
effective date of this ordinance shall be required to comply with the
building construction regulations of this subsection when new building
construction increases the overall gross square footage of the
structures on the entire lot by 30 percent or more of the square
footage existing on the effective date of this ordinance.
(h) Outside storage regulations.
(1) All outside storage, when permitted by the regulations of both
the underlying zoning district and the overlay district, shall:
a. not be located within 25 feet of the nearest right-of-way
line to Business 287 or the access road to Interstate 20 /Loop
820; and
b. be screened in accordance with subsection
(i) ("Screening regulations") so that the storage cannot be seen
from public streets and adjacent properties.
(2) Any building or use not in an overlay district before the
effective date of this ordinance shall be required to comply with the
outside storage by the earlier of the following dates:
a. March 9, 2002; or
b. when the land use or ownership changes.
(i) Screening regulations.
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(1) Screening shall be in accordance with the underlying zoning
district.
(2) No fencing shall be permitted in any required landscape
setback or building setback abutting a public street.
(3) All dumpsters shall be screened so that they cannot be seen
from public streets. Such screening shall be accomplished by either
enclosing the dumpster with asix-foot screening device or planting
large screening shrubs (at least five gallon containers) with a
maximum spacing of four feet on center.
(4) All outside storage, when permitted by the underlying zoning
district, shall be enclosed by a screening device at least as tall as the
materials stored outside.
(5) All required screening and fencing shall be a minimum of six
feet in height unless otherwise specified in this Article.
(6) Special screening regulations for salvage yards are described
in subsection (m) ("Special conditions for salvage yards") hereof.
(7) Any building or use not in an overlay district before the
effective date of this ordinance shall be required to comply with the
screening regulations by the earlier of the following dates:
a. March 9, 2003; or
b. when the land use or ownership changes.
(j) Landscape standards.
(1) Landscaping requirements. Landscaping shall be required on
all properties and developments in the overlay districts in accordance
with the terms and provision of this subsection.
(2) Implementation and application of landscape requirements.
a. The following shall be required prior to the issuance of
a certificate of occupancy for any structure in the overlay
districts forwhich a building permit is issued afterthe effective
date of this ordinance:
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1. A scaled landscape plan shall be submitted to
the building official. The plan shall comply with the
provisions of this subsection and shall indicate all
landscaping features to meet the minimum turf and/or
screening requirements. If there are no landscaping
requirements to be fulfilled other than the requirement
for turf, the landscape plan shall be waived.
2. All required landscaping shall be in place prior to
the issuance of a certificate of occupancy unless the
building official determines that weather or seasonal
conditions warrant delay, in which case a reasonable
time for the delay will be allowed.
b. Any building or use not in an overlay district before the
effective date ofthis ordinance shall be required to comply with
the landscape regulations ofthis subsection when new building
construction increases the overall gross square footage of the
structures on the entire lot by 30 percent or more of the square
footage existing on the effective date ofthis ordinance.
c. Existing concrete drive areas are not required to comply
with the landscaping requirements until all or part of the
concrete is replaced.
(3) Landscaping requirements. All landscaping required or
permitted by this Article shall comply with the following provisions:
a. The following landscape setbacks shall be required with
respect to all properties located within the overlay district:
1. A minimum landscape setback of ten feet from
the nearest right-of-way line shall be required on any
property abutting Business 287 or the access road to
Interstate 20 /Loop 820. However, this landscape
setback may be reduced to seven feet, six inches if:
(i) Either a row of large screening shrubs (at
least five gallon containers) with a required
maximum spacing of fourfeet on center, or small
screening shrubs (at leastone gallon containers)
with a required maximum spacing of two feet on
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center is planted within the landscape setback;
or
(ii) A three-foot high masonry unit wall is built
along the landscape setback to screen the
parking facilities. This wall shall be measured
vertically from the finished grade of the parking
surface nearest to the wall.
2. The minimum landscape setback provided in
subsections (1)(i) and (ii) shall also apply to any
property abutting any other public street that intersects
Business 287 orthe access road to Interstate 20 /Loop
820. This landscape setback shall be applicable for 70
feet in length along such public street measured from
the front property line as it intersects with the right-of-
way line of Business 287 or the access road to
Interstate 20 /Loop 820.
b. No parking facility shall be permitted within any
landscape setback except as provided below:
1. Where a deceleration/acceleration lane and
transition area are dedicated, a parking facility may
encroach into the required landscape setback area
abutting such land and transition area, provided that no
parking facility shall be located within five feet of the
nearest right-of--way line of Business 287 or the access
road to Interstate 20 /Loop 820 or any other abutting
public street subject to subsection (3)a.2.
2. Nothing herein provided shall be construed as
permitting any obstruction to view which may constitute
a traffic hazard upon Business 287 or the access road
to Interstate 20 /Loop 820 or any other public street
subject to subsection (3)a.2. It shall be unlawful for any
person, owner, or business to erect or place or cause to
be erected or placed on any property under his
possession or control any hedge, plant, tree, shrub, or
other growth or any fence, wall, or other structure in
such a manner or at such location as to constitute an
obstruction to view creating a traffic hazard. On
corners, when doubts may exist regarding site
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obstructions, approval of
required. All landscaping
visibility requirements.
(4)
the city engineer will be
shall comply with these
c. No landscape setback shall be covered with any
impervious surface, permeable pavers, gravel, or other paving
materials except for those limited areas to be used for
driveways or accessways for ingress and egress to the
property.
d. At a minimum, turf shall be placed and maintained in all
landscape setback areas unless otherwise specified in this
Article.
e. The property owner shall regularly mow, irrigate,
fertilize, prune, replace, and care for all planting located in the
landscape setback areas. The property owner shall also
ensure that landscaping is maintained in a healthy growing
condition.
Information regarding landscape plants.
a. Ground covers. The following list of ground covers and
any otherground covers which are demonstrated to be drought
resistant and provide a dense covering are recommended in
all landscape setbacks.
Common Name
Creeping Liriope
Euonymous
Purple Leaf Honeysuckle
Asian Jasmine
Chinese Juniper
Shore Juniper
Tamarix Juniper
Santolina
Vinca
Mondograss
Botanical Name
Liriope Spicata
Euonymous Fortunie Kewenis
Lonicera Japonica Halliana
Trachelosspermum Asiaticum
Juniperus Chinesis Sargentii
Juniperus Conferta
Juniperus Sabina
Santolina Chamaecyparisus
Santolina Virens
Vinca Major
Ophiopogon Japonicus
b. Street trees. The street trees named below and any
other street tree which, when mature will attain a minimum
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height of twenty (20) feet and asix-inch caliper, which can be
demonstrated to be drought resistant and possess compact
root systems posing minimum danger to the integrity of public
utilities are recommended in all landscape setbacks.
Common Name Botanical Name
Shumard Red Oak Quercus Shumardii
Texas Red Oak Quercus Exana
Live Oak Quercus Virginian
Bur Oak Quercus Macrocarpa
Cedar Elm Ulmus Crassifolia
Common Name Botanical Name
Bald Cypress
Pond Cypress
Pecan
Pistachio
Lacebark Elm
Taxodium Distichum
Taxodium Distichum
(var. Nutans)
Carya Illinoionenses
Pistachio Chinensis
Ulmus Paryifolia
c. Flowering and ornamental trees. The following list of
flowers and ornamental trees and any other flowering or
ornamental trees which are demonstrated to be drought
resistant and possess compact root systems posing minimum
danger to the integrity of public utilities are recommended in all
landscape setbacks.
Common Name Botanical Name
Crepe Myrtle
Bradford Pear
Mexican Plum
Deciduous Holly
Redbud-Oklahoma
Japanese Black Pine
Austrian Pine
Desert Willow
White Saucer Magnolia
Afgan Pine
Lacterstroemia Indica
Pyres Calleryana Bradford
Prunes Mexicana
Ilex Dedicua
Cercis Canadensis Oklahoma
Pines Thunbergiana
Pines Nigra
Chilopsis Linearis
Magnolia Heptapeta
Pines Eldarica
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d. Tree. A tree is a woody single or multiple trunk stem
which, at maturity, will obtain a minimum four-inch caliper.
e. Tree caliper. The tree caliper of any tree shall be
determined by measuring the trunk caliper (diameter)
12 inches from existing grade.
(k) Sign regulations.
(1) For the purposes of this subsection, the following devices shall
be considered signs: pole sign, ground sign, wall sign, multi-tenant
ground sign, flags, balloons, banners, streamers, and "attention
getting" devices.
(2) No sign shall be erected, placed, displayed, or located in the
overlay district, except in accordance with the provisions below:
(3) Development signs shall be permitted in accordance with other
provisions of the Kennedale Code of Ordinances. Development signs
include temporary signs advertising real estate.
(4) General business signs shall be permitted only in accordance
with this subsection, which shall control all business signs.
(5) Pole signs.
a. Maximum square footage of sign: 200 square feet.
b. Maximum height of sign: 30 feet from grade.
c. Setback: Front edge may not encroach into right-of-
way.
d. Lighting: Internal or external, as long as the lighting is
not pointed in a direction or of such intensity to cause a traffic
hazard to any public street.
e. Special requirements:
1. One general business pole sign is permitted per
lot if the lot has more than 80 feet of frontage along a
public street or highway. Lots with less than 80 feet of
frontage are not permitted a general business pole sign.
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2. Two general business pole signs, if each is for
use by a separate tenant, may be permitted in lieu of
provision (1) above on any lot that has more than
399 feet of frontage along a single public street or
highway. For the purpose of this subsection, each
tenant using one of these two general business pole
signs shall be either separated from all other tenants by
full height demising walls, or located in a separate
building and served by its own entrance. The minimum
spacing between these two general business pole signs
above shall be not less than 150 feet. No product line
or tenant name shall be displayed on more than one of
these general business pole signs. The use of this
subsection shall not be permitted when amulti-tenant
sign is located on the lot. However, a ground sign
complying with the specific requirements set forth in
paragraph (8) pertaining to wall signs may be permitted
in lieu of one of these two general business pole signs.
3. Reader boards may be incorporated into the
permitted business pole sign, provided they do not
exceed 75 percent of the area of the sign.
(6) Ground signs.
a. Maximum height: 8 feet. However, when the
configuration and use placement of a ground sign is only
feasible in an area currently paved and actually used as a
parking facility, the maximum height of the ground sign maybe
increased by the same amount that the base of the sign
exceeds two feet in height, provided that the maximum height
of the sign shall in no case exceed ten feet.
b. Setback: Ten feet.
c. Lighting: Internal orexternal is permitted, as long as the
lighting is not pointed in a direction or of such intensity to
cause a traffic hazard to any public street.
d. Special requirements:
1. One general business ground sign shall be
permitted per lot, per street or highway front, provided
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there are no general business pole signs on the lot.
Maximum square footage shall be 70 feet.
2. Two general business ground signs may be
permitted in lieu of provision (1) above on any lot that
has more than 399 feet of frontage along a single public
street or highway. Each of these two general business
ground signs shall have a maximum square footage of
50 feet. The minimum separation between these two
general business ground signs shall not be less than
150 feet. The same tenant name may not appear on
both signs.
(7) Multi-tenant ground signs.
a. Maximum height of sign: 15 feet. When the
configuration and use of the property is such that the
placement of amulti-tenant ground sign is only feasible in an
area currently paved and actually used as a parking facility, the
maximum height of the sign may be increased by the
dimension that the base of the sign exceeds two feet in height,
provided, however, that the maximum height of the sign shall
in no case exceed 17 feet. Portions of the base of the multi-
tenantground sign which are less than four feet above grade
shall not be used in the calculation of the maximum square
footage for multi-tenant ground signs set forth above in this
subsection.
b. Setback: 10 feet.
c. Lighting: Internal or external is permitted, as long as the
lighting is not pointed in a direction or of such intensity to
cause a traffic hazard to any public street.
d. Special requirements:
1. Multi-tenant ground signs shall only be permitted
for shopping centers, office developments, and
industrial parks.
2. One multi-tenant ground sign shall be permitted
per lot, per street front, provided there are no other
general business free standing signs on the lot.
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3. Two multi-tenant ground signs may be permitted
in lieu of provision (2) above on any lot which has more
than 399 feet of frontage along a single public street or
highway. Each of these two multi-tenant ground signs,
however, shall have a maximum square footage of 125
square feet. The minimum separation between these
two multi-tenant ground signs shall not be less than
150 feet. The same tenant name or product line may
not appear on both of these two multi-tenant ground
signs.
4. Centeridentificationand anytenant identification
in any permitted multi-tenant ground sign shall each be
limited to a maximum area of 35 square feet.
5. Any shopping center, office, development, and
industrial center/park which is composed of more than
one parcel or lot shall be considered to be one lot for
the purpose of this subsection and shall be entitled to
only one multi-tenant sign per street front, for the o
development as a whole. Separate parcels with no
common access orcommon parking may be considered
separately for this subsection.
(8) Wall signs.
a. Maximum square footage of sign: 25 percent of total
wall area, but not to exceed 75 percent of width of associated
tenant space.
b. Maximum height of sign: Not to exceed height of the
structure that contains the wall.
c. Lighting: Internal or external, as long as the lighting is
not pointed in a direction or of such intensity to cause a traffic
hazard to any public street.
d. Special requirements: Reader boards may be
incorporated into the permitted business wall sign, provided
they do not exceed 75 percent of the area of the sign.
(9) A flag on a pole sign shall be permitted with the following
requirements.
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a. Maximum height of sign: 35 feet.
b. Setback: A minimum of seven feet, six inches.
c. Lighting: External, as long as the lighting is not pointed
in a direction or of such intensity to cause a traffic hazard to
any public street.
d. Special requirements:
1. Only flags that are not advertising displays may
be displayed. All other flags, including corporate flags,
business logo, or identity flags, pennants, streamers,
colored flags and similar mediums intended to attract
attention, are prohibited.
2. No more than one identical or substantially
similar flag shall be permitted per street front.
(10) Balloons and streamers.
a. Streamers and balloons that are less than three cubic
feet in volume (when inflated) as well as one balloon that is
greater than three cubic feet in volume (when inflated) per
business may be displayed for grand openings only, but are
otherwise prohibited.
b. The use of streamers and balloons is limited to a one
time use of not more than 31 consecutive days.
(11) Banners. Banners attached to a building may be displayed for
grand openings or special sales only with the following requirements:
a. Maximum square footage of sign: 50 square feet.
b. Lighting: External only, as long as the lighting is not
pointed in a direction or of such intensity to cause a traffic
hazard to any public street.
c. Spacing for sign: Only one banner per business.
Banners must be placed on the wall of the space or building of
the tenant business for which the banner advertises.
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d. Time restrictions: Time limit for grand opening or sale
banners shall be 30 consecutive days. No combination of
grand opening and sales banner displays shall exceed 90
calendar days in a calendar year.
e. Special requirements: Banners shall be properly
secured at all points of attachment to an element of the
building. A fence or railing shall not be considered to be a
building element.
(12) Attention-getting devices. All forms and types of off-premises
advertising, roof signs, flashing signs, motion signs, portable signs,
portable trailer signs, and any other "attention-getting devices" shall
be prohibited in the overlay district.
(13) All signs shall be subject to the requirements of section 17-
405(c)(6) of this article.
(14) Any building or use not in an overlay district before the
effective date of this ordinance shall be required to comply with the
sign regulations by the earliest of the following dates:
a. March 9, 2002; or
b. the date on which ownership changes; or
c. the date on which a lease for the property terminates or
is renewed; or
d. when the existing sign is replaced.
(I) Loading dock regulations fornew construction. The following applies
to new construction:
(1) No loading dock shall be located or constructed facing
Business 287 or the access road to Interstate 20 /Loop 820, except
that loading docks for the delivery of finished goods to retail
businesses shall be permitted. All loading docks which are so
permitted to face Business 287 or the access road to Interstate 20 /
Loop 820:
a. Shall be totally screened from view from Business 287
orthe access road to Interstate 20 /Loop 820, by an eight-foot
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high screening wall constructed of a permanent building
material asset forth in subsection (g) hereof, with no openings
except for driveway access; and
b. Shall not be located within 50 feet of the nearest right-
of-way line of Business 287 or the access road to Interstate 20
/Loop 820.
(2) No loading dock on the side wall of any building shall be
located or constructed within 50 feet of the nearest right-of-way line
of Business 287 or the access road to Interstate 20 /Loop 820.
When permitted, loading docks on such side walls shall be screened
from Business 287 or the access road to Interstate 20 /Loop 820 by
an eight-foot high screening wall constructed of a permanent building
material as set forth in subsection (g) hereof, with no openings except
for driveway access. The following diagram provides an illustration of
these regulations as applied to the loading dock permitted on a side
wall:
Insert diagram
as attached at Exhibit "A"
and incorporated herein for all purposes.
(3) No loading dock shall be permitted or approved unless it is
shown that it is set back a sufficient distance from any public street
and right-of-way so that all loading operations, parking, storage, and
vehicular maneuvering into or out of loading dock spaces shall take
place outside of any public street or right-of-way.
(m) Special conditions forsa/vage yards. The following requirements shall
apply to salvage yards that are located, in whole or in part, within the overlay
district:
(1) There shall be no outside storage or display located within
50 feet of the nearest right-of-way line of Business 287 or the access
road to Interstate 20 /Loop 820.
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(2) All outside storage, salvage, and scrap shall be screened from
view by an eight-foot high solid fence orwall that complies with the
following requirements:
a. All fences and walls shall form an opaque, solid barrier,
without gaps or openings, except as provided in subparagraph
c below.
b. All fences and walls shall be constructed of wood or a
permanent building material as set forth in subsection (g)
hereof, with no openings except for driveway access.
c. Only openings in fences and walls that are necessary
for reasonable access to the salvage yard shall be permitted,
but shall be equipped with a solid gate or door constructed and
maintained in accordance with the requirements forfences and
walls set forth in this subsection. All openings so permitted
shall be closed and securely locked at all times except for
needed access.
d. All fences and walls shall extend downward to within
three inches of the ground and shall also test plumb and
square at all times.
e. Any painting, staining, coating, covering, or other
coloring of any fence orwall shall be of a uniform color in earth
tones, except "rust."
f. No signs or advertising shall be attached to or otherwise
appear on any fence orwall.
(3) Outside storage, salvage, and/or scrap shall not be stacked,
accumulated, kept, or otherwise placed above the solid fence orwall
described above.
(4) Any building or use in existence before the effective date of this
ordinance shall be required to comply with the screening regulations
by the earliest of the following dates:
a. March 9, 2002; or
b. the date on which ownership changes; or
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c. the date on which a lease for the property terminates or
is renewed.
SECTION 3.
Section 17-421, "Schedule of uses and off-street parking requirements," of the
Kennedale Zoning Ordinance is hereby amended by revising the parking requirements
listed for sexually oriented business in the schedule of uses to read as follows:
1 / 100 g.f.a.
SECTION 4.
The following subsections of section 17-428, "Nonconforming uses," of the
Kennedale Zoning Ordinance are hereby amended to read as follows:
(d) Nonconforming use of buildings.
(1) A nonconforming use of a building shall not be increased or
enlarged and no occupancy of additional buildings or land by a
nonconforming use shall be permitted. A nonconforming use of a
building may be changed only to a conforming use permitted in the
existing zoning district.
(2) Notwithstanding (1 ), above:
a. A nonconforming use of a building may be extended
throughout any parts of the building that were manifestly
arranged or designed for such use and that were owned or
leased by the owner of the nonconforming use on the effective
date of this ordinance, provided no structural alterations,
except those required by law or ordinance, are made, and
provided further that no additional dwelling units shall be
added when the nonconforming use results from there being
more dwelling units on the lot than is permissible in the district
in which the building is located.
b. The board of adjustment may permit an extension of a
building that is nonconforming as to use as long as the
extension does not exceed 25 percent of the existing floor
area, subject to the development regulations applicable in the
zoning district.
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c. The board of adjustment may allow a nonconforming
use of a building to be changed to another nonconforming use
permitted in the same zoning district as the existing
nonconforming use, or in a more restricted zoning district,
upon a finding that no structural changes will be made and that
the proposed use will be compatible with the surrounding area,
will comport with the intent of the Comprehensive Plan, will not
have a harmful effect on surrounding land uses, will not
adversely affect the health, safety, and welfare of the citizens,
and will not damage surrounding property values or the
character of surrounding neighborhoods.
(e) Nonconforming use of land.
(1) A nonconforming use of land may not be expanded or
extended beyond the area of the land actually being occupied by the
use at the time it becomes nonconforming. A nonconforming use of
land may be changed only to a conforming use permitted in the
existing zoning district.
(2) Notwithstanding (1 ), above:
a. A nonconforming use of land may be expanded or
extended to provide off street loading or off street parking
space facilities.
b. The board of adjustment may permit an expansion of a
nonconforming use of land on a lot of record not to exceed 25
percent of the existing area of the land actually being occupied
by the nonconforming use, subject to the development
regulations applicable in the zoning district.
c. The board of adjustment may permit a nonconforming
use of land to be changed to another nonconforming use
permitted in the same zoning district as the existing
nonconforming use, or in a more restricted zoning district,
provided that no buildings or structures are constructed that
are not allowed in the existing zoning district and provided the
board finds that the proposed use will be compatible with the
surrounding area, will comport with the intent of the
Comprehensive Plan, will not have a harmful effect on
surrounding land uses, will not adversely affect the health,
safety, and welfare of the citizens, and will not damage
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1
surrounding property values or the character of surrounding
neighborhoods.
(i) Additional limitations and provisions regarding nonconforming uses.
**
(7) Any nonconforming building or use of land or building which is
located in the Business 287 or Interstate 20/820 Overlay District shall
be discontinued three years after the date that the building or use
becomes nonconforming. However, a residence, or the use of land
or building as a residence, shall not be subject to this automatic
amortization period. Any owner of such a nonconforming building or
use may appeal to the zoning board of adjustment pursuant to section
17-430 to allow an extension of this abatement period.
Notwithstanding this section, the board of adjustment may require
amortization of a nonconforming building or use of land or building in
a shorter period of time pursuant to Section 17-430.
SECTION 5.
The following subsection of section 17-430, "Board of adjustment," of the Kennedale
Zoning Ordinance is hereby added to read as follows:
(e)
(11) Allow the continuance for a specified amount of time of a
nonconforming building or use of a building or land for more than
three years afterthe date the building or use becomes nonconforming
in accordance with the provisions of section 17-428, upon a showing
that the owner has not recouped the owner's investment in the
nonconforming building or use over the three year period.
SECTION 6.
This Ordinance shall be cumulative of all other Ordinances of the City of Kennedale
affecting zoning and land use, and shall not repeal any of the provisions of such
ordinances except in those instances when provisions of such ordinances are in direct
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conflict with the provisions of this ordinance, in which event the conflicting provisions of
such ordinances are hereby repealed.
SECTION 7.
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,
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 8.
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 zoning
ordinance shall be fined, upon conviction, 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 9.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
and all violations of the Comprehensive Zoning Ordinance or of any amendments thereto
that 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
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court or not, same shall not be affected by this Ordinance but maybe prosecuted until final
disposition by the Courts.
SECTION 10.
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 11.
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
the City of Kennedale.
SECTION 12.
This ordinance shall be in full force and effect from and after its passage and
+~~~•~..~~~~M tion as required by law, and it is so ordained.
:' ~ :' '•~~ SED AND APPROVED this 9th day of March, 2000.
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CITY SECf~ETARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
ORDINANCE NO. 187 (Revised3/10/00) PAGE 23
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