O466ORDINANCE NO.466
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
SECTION 17 -514 "PROHIBITED SIGNS," AND SECTION 17 -516 "LIMITED
EXEMPTIONS," OF ARTICLE 6 "ZONING" OF CHAPTER 17 "PLANNING
AND LAND DEVELOPMENT" OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING REGULATIONS
REGARDING SANDWICH BOARD SIGNS; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) 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, the City has previously adopted regulations governing signs in order
to promote safety, protect the character and stability of residential, commercial, and
industrial areas, to conserve the value of land, buildings, and neighborhoods, and to
enhance the aesthetic and visual image of the City; and
WHEREAS, a public hearing was held by the Planning and Zoning Commission of
the City of Kennedale on the 21 day of October 2010 and by the City Council of the
City of Kennedale on the 11 day of November 2010 with respect to the amendments
described herein; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to adopt the proposed amendments to its sign regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 17 -514 of the Kennedale city code is hereby amended as follows:
Sec. 17 -514. - Prohibited signs.
In addition to signs not specifically described or allowed in this article the following signs
are specifically prohibited.
7. Portable signs, with the exception of sandwich board signs which comply with the
regulations set forth in section 17 -516.
a. Digital sandwich board signs are prohibited.
b. Signs with swinging frames, permanent vinyl lettering or numbering, or
reader boards with tracks for changeable letters and numbers, or three
dimensional letters and numbers are prohibited.
SECTION 2.
Section 17 -516 of the Kennedale city code is hereby amended as follows:
Sec. 17 -516. - Limited exemptions.
Type of Sign
Sign Standards
Number of Signs
Other Standards
Sandwich
Ground Sign permitted
One (1) per
Sign shall be removed every
board sign
only on property behind
tenant
day after the business is
ROW line. Maximum of
closed. Sign shall be
four (4) feet in height
anchored in some means to
Maximum sign area is
prevent displacement in high
eight (8) square feet
winds. A minimum of four (4)
feet of sidewalk shall remain
Signs must have an A-
clear. Chalkboards may be
frame constructed with
used for daily changing of
chalkboard, marker
messages. No reader boards
board, or dry-erase
may be used.
inserts. Frames must be
of weather - resistant
Signs are prohibited in the
material and must be
public right -of -way an in
maintained. Digital
parking spaces and must be
signs are prohibited.
placed on private property.
Signs shall not obstruct
Signs may be
traffic visibility and shall not
illuminated by external
interfere with pedestrian
lighting only, subject to
ingress or egress as required
approval by the city
by the Building Code.
manager or designee.
Signs with swinging
frames, permanent vinyl
lettering or numbering,
or reader boards with
tracks for changeable
letters and numbers, or
three dimensional letters
and numbers are not
permitted.
SECTION 4.
PENALTY FOR VIOLATION
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 no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning
and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs
and expenses involved in the case. Each day a violation occurs is a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of
the Kennedale City Code (1991), as amended, including but not limited to all ordinances of
the City of Kennedale affecting signs, 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 5.
SEVERABILITY CLAUSE
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 6.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code (1991), as amended, or any other
ordinances regarding 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, under such ordinances, same shall not be affected
by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish the caption
penalty clause, publication clause and effective date clause of this Ordinance in every issue
of the official newspaper of the City of Kennedale for two days or one issue of the
newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of
the City of Kennedale Charter.
SECTION 8.
EFFECTIVE DATE
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 the day of 2010.
�� LaA44OV91
Bryan Lankhorst, Mayor
ATTEST:
41 �&
Kelly Coop , terim C y Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne Olson, City Attorney
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNBDALE, TX 76060 -2249
CITY OF
Misc Fee
THE ST
County i
Customer ID:
CIT33
Invoice Number:
313315861
Invoice Date:
12/1/2010
Terms:
Net due in 21 days
Due Date:
12/31/2010
PO Number:
Order Number:
31331586
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/1/2010
I3580 1 37 37 LINE
$6.20 $229.22
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$239.22
Before m. ,` ' e �° -_. 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 i e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Sinned �'� '� `✓ `—z zcpk
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, DecyiriVef 1, 2010.
Notary Publi
$10.00
Thank You For Your Payment
INVOICE
Star - Telegram
400 W, 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
' ) J ,
CITY
Misc I
I3580
1
Customer ID:
CIT33
Invoice Number:
312832251
Invoice Date:
10/28/2010
Terms:
Net due in 21 days
Due Date:
10/31/2010
PO Number:
Order Number:
31283225
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
10/28/2010
38 38 LINE $6.19 $235.28
$10.00
adding 'regulations governing the ° ® %
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sale of Nalcohol and alcoholic bev- ` z 1
erages. All citizens are encouraged ) ' ���� ® � /11111111 ®`� ® ® ® �
THE to attend the hearings to offer 40
Count public comments or may provide �.,
written comments to the city '.
Secretary's Office, 405 Municipal
Dr Kennedale, TX 76060, prior to
Befor the hearings. id County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- a egra , puousneu uy am _, `r- 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 publish e in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501
Signed & ��V - � - b !/ \ \3 crr�
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Oct !h22010.
Notary Public
Thank You For Your Payment