O368ORDINANCE NO. 368
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 17, ARTICLE VII, OF THE KENNEDALE CITY CODE (1991),
AS AMENDED, TO PERMIT THE ERECTION OF ROOF SIGNS ONNEAR-
VERTICALPORTIONS OFROOFS; 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, 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 Texas Local Government Code; and
WHEREAS, the City Council heretofore adopted comprehensive sign regulations
codified in Chapter 17, Article VII of the Kennedale City Code; and
WHEREAS, the City's sign regulations currently prohibit all roof signs, regardless
of design, appearance, or construction; and
WHEREAS, the City Council has determined that the design, construction, and
aesthetic considerations that have led the City to prohibit roof signs are less applicable to
certain types of roofs that have a particularly steep pitch, and that in those instances
signage may be permitted consistently with the principles underlying the City's sign
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Section 17-507(b)(3) of the Kennedale City Code, governing specifications for
attached signs, is hereby amended to read as follows:
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(3) All attached signs shall be mounted parallel to the building surface.
No sign shall project more than eighteen (18) inches from the surface
to which it is attached. Signs shall not be mounted on roofs and shall
not project above the roof line above the wall on which the sign is
attached, except as follows: a sign that meets all other requirements
of this section may be attached to a portion of a roof if (i) the portion
of the roof supporting the sign has a pitch or slope that is within fifteen
(15) degrees of vertical; (ii) the sign does not extend above the portion
of the roof to which it is attached; and (iii) the sign is attached to the
lowest portion of the roof. In this subsection, a "portion" means a
continuous expanse of roof with the same pitch or slope.
SECTION 2.
Subsection (9) of Section 17-514 of the Kennedale City Code, is hereby amended
to read as follows:
(9) Roof signs prohibited. Except as provided in section 17-507(b)(3), no
sign shall be located on or project over the roof of a building.
SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale,
and shall not repeal any of the provisions of such ordinances except in those instances
when provisions of such ordinances are in direct conflict with the provisions of this
ordinance, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 4.
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
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the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
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, upon conviction, not more than Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
ordinances affecting signs 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 court or not, same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the Courts.
SECTION 7.
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 8.
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 this 14th of June, 2007.
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a/ljt ~'~" `~'~ "" ' i f
ayor, Bryan Lankhorst
ATTEST:
!~
Kathy Turn ,City Secretary
Effective: ~ -.z~'- 2.DO ~
APPROVED AS TO F AND LEGALITY:
~1.
City Attorney
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