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O497AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY AMENDING SECTION 17 -420 OF THE CITY CODE, REGULATIONS GOVERNING OVERLAY DISTRICTS; AND BY AMENDING SECTION 17 -424, REGULATIONS GOVERNING LOADING DOCKS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; 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; 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, amendments to the sections of the city code described above are necessary in order to eliminate redundancy and facilitate ease of use; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on January 19, 2011 and by the City Council of the City of Kennedale on February 9, 2012, with respect to the zoning change described herein; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Sec. 17- 420(f) of the Kennedale City Code, as amended, is hereby amended to read as follows: (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) Any building or use not in an overlay district before the effective date of this article 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. Sec. 17- 420(h) of the Kennedale City Code, as amended, is hereby amended to read as follows: (h) Outside storage regulations. (1) All outside storage, when permitted by the regulations of both the underlying zoning district and the overlay district, shall be regulated in accordance with Section 4- 226 of the city code. (2) Any building or use not in an overlay district before the effective date of this article 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. SECTION 3. Sec. 17- 420(1) of the Kennedale City Code, as amended, is hereby amended to read as follows: (i) Screening regulations. (1) Screening shall be in accordance with the underlying zoning district and with Section 17 -425 of the city code, except for salvage yards. When a conflict occurs between the underlying zoning district and Section 17 -425, the stricter regulations shall prevail. (2) Special screening regulations for salvage yards are described in subsection (m) (Special conditions for salvage yards) hereof. (3) Any building or use not in an overlay district before the effective date of Ordinance No. 187 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. SECTION 4. Sec. 17- 420(1) of the Kennedale City Code, as amended, is hereby amended to read as follows: (1) Loading dock regulations for new construction. The following applies to new construction: (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. Sec. 17- 424(g)(2) of the Kennedale City Code, as amended, is hereby amended as follows: The following diagram provides an illustration of these regulations as applied to the loading dock permitted on a side wall: Eight foot high screen \\ \\4 F a- 60' ---d 75' Loading Dock Setback 25' Building Setback ROAD SECTION 6. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and 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 where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 7. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 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, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. t 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. 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 the Charter of the City of Kennedale. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. SECTION 10. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 8 day of March 2012. APPROVED Mayor, Bryan Lankhorst ATTEST: E City Secretary/' APPROVED AS TO FORM AND LEGALITY Wayne K. 61son, City Attorney INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 Customer ID: CIT33 Invoice Number: 320482221 Invoice Date: 3/26/2012 Terms: Net due in 21 days Due Date: 3/31/2012 PO Number: Order Number: 32048222 Sales Rep: 073 Description: ORDINANCE 497, A Publication Date: 3/26/2012 Descriptlt ©ri T,ocattan Col Deptih Linage MZT Rate Ama�unt ORDINANCE 497, AN ORDINANCE I3580 1 276 276 LINE $6.08 $1,677.56 Mise Fee 1 $10.00 Net Amount: THE STATE OF TEXAS County of Tarrant $1,687.56 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 320482221 Invoice Amount: $1,687.56 PO Number: Amount Enclosed: INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 ORDINANCE 497, AN ORDINANCE Misc Fee I3580 1 276 Customer ID: CIT33 Invoice Number: 320452511 Invoice Date: 3/12/2012 Terms: Net due in 21 days Due Date: 3/31/2012 PO Number: Order Number: 32045251 Sales Rep: 073 Description: ORDINANCE 497, A Publication Date: 3/12/2012 276 LINE $6.08 $1,677.56 $10.00 Net Amount: $1,687.56 3/17/12 THE STATE OF TEXAS County of Tarrant 0 `�17)F OF g 07 - 3A Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 n SUBSCRIBED AND SWORN TO BEFORE ME, Th Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 320452511 Invoice Amount: $1,687.56 PO Number: Amount Enclosed: INVOICE R J 11 2011 Star- Telegram Customer ID: CIT33 808 Thro _:morton St. Invoice Number: 319395871 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date 12/23/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 12/31/2011 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number 31939587 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: Legal Notice Notice o Publication Date: 12/23/2011 ; a r aO .^ Legal Notice Notice of Public 13580 1 73 73 LINE $6.13 $447.38 Misc Fee i $12.00 Net Amount: $459.38 ``��' o r <� ► t a t u u i i���� f L • N OF.� vo FXPtRES.� THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County, and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe 'n the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Rinnarl SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, J$uajr 0jy, 2012. Notary Thank You For Your Payment INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 Customer ID: CIT33 Invoice Number: 320096041 Invoice Date: 2/27/2012 Terms: Net due in 21 days Due Date: 2/29/2012 PO Number: Order Number: 32009604 Sales Rep: 073 Description: City of Kennedale No Publication Date: 2/27/2012 Lmage ; KILT Rate Arnculnt 1 60 60 LINE $6.14 $368.60 $12.00 Net Amount: $380.60 R1 r said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say rtisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Sio RE ME, THIS Thursda Notary Publi Thank You For Your Payment Remit To: Star- Telegram Customer ID: CIT33 P.O. BOX 901051 ` Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 320096041 Invoice Amount: $380.60 PO Number: Amount Enclosed: