2008_05.06 BOA PacketAGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 6, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
CALL TO ORDER
ROLL CALL
A. VISITORS /CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the
Agenda may speak, provided that a "Speaker's Request Form" has been completed and
submitted to the Board of Adjustment Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual BOA members or
staff. All speakers must limit their comments to the subject matter as listed on the
"Speaker's Request Form." No formal action can be taken on these items.
B. CONSIDER BOA CASE # 08 -02
A request to an extension of an existing SPECIAL EXCEPTION for a metal recycling
business at 437 East Kennedale Parkway with the Legal Description being Lot 4131 of the
C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R of the Johnson Addition in the
City of Kennedale, Tarrant County, Texas as requested by Monty Johnson of Don's Scrap
Metal.
1) STAFF PRESENTATION OF CASE
2) APPLICANT PRESENTATION OF CASE
3) PUBLIC HEARING ON BOA CASE #08 -02
4) APPLICANT RESPONSE
5) STAFF RESPONSE AND SUMMARY OF CASE
6) ACTION ON CASE
C. REGULAR ITEMS
1) Approval of Minutes dated March 4, 2008.
D. STAFF REPORTS
1) Staff Update on City Projects.
2) Board Reappointments
f'
E. ADJOURNMENT
Staff Report
To the Members of the Board of Adjustment
Date: April 25, 2008
Agenda Item No: B
Subject: Extension of a Special Exception for Don's Scrap Metal
Originated by: Larry Hoover, Community Development Specialist
Summary:
Don's Scrap Metal has made application for a 20 year extension to an existing Special
Exception that allows a metal recycling business in a C -2 Zoning District at 437 East
Kennedale Parkway. The Special Exception for Don's Scrap Metal was approved on
February 1, 1994 with a duration period of 20 years, contingent upon a 5 year review by
city staff to determine if the property is still in compliance with the conditions of the permit.
The Special Exception was granted under the Schedule of Use - "Utility /Solid Waste
Uses ", which allows a Recycling Processing Plant by a Special Exception in a C -2 district.
Although a Recycling Processing Plant is allowed in "Utility /Solid Waste Uses ", it was
inappropriately applied because these categories of uses are permitted for general public
benefit. Hence, a recycling processing plant would be for recycling of solid waste rather
than a private business. Don's Scrap metal should have been classified as "Industrial
Uses ". The most obvious problem is that under the "Industrial uses ", Don's Scrap Metal
would not have been permitted in a C -2 District. However, under the Kennedale Code of
Ordinance Sec 17 -430 (e -5) The Board may permit the expansion or extension of a
nonconforming use in accordance with the provisions of Section 17 -428.
Don's Scrap Metal is also located in the Overlay District, therefore would need to follow the
standards set forth in Section 17 -420.
According to the Kennedale City Code of Ordinances, applying for an extension to an
existing Special Exception would cause the existing Special Exception to vacate and
therefore start a New Special Exception. If granted the Special Exception would expire in
May 2028.
Attached is a copy of the approved Special Exception for Don's Scrap Metal (1994).
i
Recommendation:
Disposition by Commission:
�]c
CITY OF KENNEDALE
BOARD OF ADJUSTMENT
APPLICATION FOR SPECIAL
Applicant:
g.
Name
Work Phone
Mailing Address
Owner:
m�
Name
Work Phone
Mailing Address
t 't I C) C)
Home B - 7 " 1
! -<4P �t
t Home i ? { �'
Property Location
I lk
Legal Description v v l
�Z, -,A,
umber and Street)
E
Note: Attach metes and bounds description if property is not platted.
Zoning District Describe Special Exception requested:
1- a previous application or appeal been filed on this property? Yes No
Date: 0 na �
I dentify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s)
cannot be met. Use back of this form if additional space is needed.
I declare that the above is true and correct.
i toe of Applicant Date
FOR STAFF USE ONLY
Indicate any potential injurious affect on the public health, safety, or welfare.
Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by
the proposed use
Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainag
and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in publi
streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parkin
space regulations of the district in which it is located?
Comments
P °commendation Approval Disapproval If disapproval give reason:
(Zoning Official) (City Administrator)
APP LIC A TION S P E CIA L
If you are seeking a special exception to .the zoning ordinance we need the
following information to process the application: - The-,permitted exceptions for
seeking a Special Exception are uses not allowed in the district"fbr which you
are seeking the following;
• Masonry requirements.
• Signage.
• Landscaping.
1. Is this a use not allow in the district you are seeking?
......... .
Yes or No
2. Is this a remodel of an existing structure?
Yes or N®
3. Is this new construction?
Yes or o 1
4. Please explain the reason and circumstances for the Special
Exception requested.
Tor i` y� of are C— �Speci` l � �°�C���rr�
Name: C -.
Date: 4
Notice Details -
LEGAL NOTICE Notice of Public Hearing T
LEGAL NOTICE Notice of Public
Hearing
The Kennedale Board of Adjustment
will hold a Public Hearing on
Tuesday, May 6, 2008 at 7:00 PM at
the Kennedale City Hall, 405
Municipal Drive, Kennedale, Texas
76060. BOA 08 -02 to receive
citizen "s comments for a request to an
extension of an existing SPECIAL
EXCEPTION for a metal recycling
business at 437 East Kennedale
Parkway with the Legal Description
being Lot 4B1 of C.A. Boaz
Subdivision of the JB Renfro Survey
and Lot 1 R of the Johnson Addition
in the City of Kennedale, Tarrant
County, Texas as requested by Monty
Johnson of Don "s Scrap Metal All
interested persons are encouraged to
attend the Public Hearing or may
furnish written comments prior to the
meeting to the City of Kennedale, 405
Municipal Drive, Kennedale, TX
76060.
29629026
Page 1 of 1
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0 100 200
0
im
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Feet
400 600 800 1,000
200 FOOT LETTER RECIPIENT LIST
BOA 08 -02 437 EAST KENNEDALE PARKWAY DON'S SCRAP METAL
Monty R. Johnson Tim W & Kimberly D Herdman
PO Box 451 PO Box 1170
Kennedale, TX 76060 -0451 Kennedale, TX 76060 -1170
Louis T Shores Rolene Dress
2702 Donald Ter 4215 Blosson Trail
Arlington, Tx 76010 -8407 Arlington, TX 76016 -4302
Rene Chavez Khursheed Bagum
939 N Day Miar Road 416 E Kennedale Parkway
Mansfield, TX 76063 -6719 Kennedale, TX 76060 -3214
Billy Wayne Russell Edna L Corey
3525 Doris Walker Trl PO Box 6
Burleson, TX 76028 -3279 Kennedale, TX 76060 -0006
Rodger L Pearce Iglesia Evangel Cristiana Esp
PO Box 33 PO Box 1150
Saint Jo, TX 76265 -0033 Kennedale, TX 76060 -1150
Barry Moore Mariano & Martin Marquez
6840 Laurel Valley Drive 5105 Beechgrove Drive
Fort Worth, TX 76132 -4454 Arlington, TX 76018 -1411
Jerald L Schwartz Fdi Postal Properties II Inc
102 Pleasant Valley Ln PO Box 659
Weatherford, TX 76087 -9777 Mount Airy, MD 21771 -0659
James Knight M G Movassaghi
449 E Kennedale Pkwy PO Box 172004
Kennedale, TX 76060 -3215 Arlington, TX 76003 -2004
Albert L and Betty L Mantell Rodgers and Rodgers Inv
116 Brown Lane 3440 South Fwy
Kennedale, TX 76060 -3016 Fort Worth, TX 76110 -4317
Tenet Healthcare Ltd
Attn: R B Lee
401 N Elm Street
Denton, TX 76201 -4137
9
G' _._. ®I°�1VNED•41.F" "��eilJing,_for �T ommorro�'�
209 N. New Hope Road, P. ®. Box 268 • Kennedale, Texas 76060 ® (817) 478 -5418
CITE' OF KENNEDALE
SPECIFIC USE PERMIT FOR A SPECIAL EXCEPTION NO. 94-03
Whet-*as, on February 1, 1994, after proper notice and a public hearing, the. Board of
Adjustment considered a request for a SPECIAL USE PERMIT for a SPECIAL. EXCEPTION in
CASE 130A 94 - 03, to allow a recycling business on Lots 4, 4B and 4B I of the C. A. Boaz
Subdivision of the J. B. Renfro Survey known locally as 437 East Mansfield Highway, presently
zoned GENERAL <RAL COMI fMRCL4L DISTRICT; and
Whereas, the Board of Adjustment determined that all criteria for approval would be met
with the imposition of certain conditions; Now, Therefore,
ISSUANCE: Special Use Permit for a Special Exception No. 94 -03 is hereby issued to Monty
Johnson for Lots 4, 4B and 4B 1 of the C.A. Boaz Subdivision providing for the following use :
Recycling Collection Facility
CONDMONS: The issuance of this permit is subject to the following conditions:
(1) Replat the two (2) lots as required by ordinance.
(2) Must meet, or exceed, the Business 287 Overlay.
(3) Drainage will be reviewed by City Staff.
(4) A concrete apron around the building shall be installed and sloped to direct water flow to
Highway 287.
(5) Fencing at rear of property must be of like kind and quality as at front of property.
DURATION: This permit is issued for a period of 20 years, contingent upon a S year review by
city staff !to determine if the property is still in compliance with the conditions of this permit. If
during tht review it is determined that the property is not in compliance, city staff shall report its
findings to the Board of Adjustment. The Board of Adjustment may then require the applicant to
reapply fqr a Special Use Permit for a Special Exception.
ISSUED S / AV
day '1994,
ATTEST,, Bt
Secretary to, the
Board ofAdjustntent
By iicceptance of this permit, the applicant will agree to comply with the conditions of this permit.
APPLICANT ACCEPTANCE
CITY OF KENNEDALE
BOA CASES
FEBRUARY 1, 1994
BOA 94 -03
SPECIAL USE PERMIT TO CITY CODE UNDER SECTIONS 17 -421 TO ALLOW A RECYCLING
COLLECTION FACILITY.
MR. MONTY JOHNSON - DON'S BATTERY
437 E. MANSFIELD HWY
LOTS 4,413, & 4131 OF THE C. A. BOAZ SUBDIVISION OF THE J. B. RENFRO SURVEY
GRANTED
20 YEARS SPECIAL USE PERMIT WITH REVIEWS EVERY FIVE YEARS.
EXPIRES: FEBRUARY 2014
CONDITIONS:
1. RE -PLAT LOTS AS REQUIRED BY THE CITY.
2. MUST MEET, OR EXCEED, THE BUSINESS 287 OVERLAY.
3, DRAINAGE WILL BE REVIEWED BY THE CITY.
4. A CONCRETE APRON AROUND THE BUILDING SHALL BE INSTALLED AND
SLOPED TO DIRECT WATER FLOW TO HIGHWAY 287.
5. STAFF REVIEWS EVERY FIVE (5) YEARS ON A TWENTY (20) YEAR PERMIT.
MUST RE -APPLY IF FOUND IN NON - COMPLIANCE.
6. FENCING AT REAR OF PROPERTY MUST BE OF LIKE KIND AND QUALITY AS AT
FRONT OF PROPERTY.
12 . Page 1 of 1
MINUTES OF
CITY OF KENNEDALE
BOARD OF ADJUSTMENT - January 5, 1999
Community Center - 7:00 PM
REGULAR MEETING
John Berry called the Regular Meeting to order at 7:04 p.m.
Members present were John Berry, Charles Gray, Elmer Moseley,
Rick Steeno, Bryan Lankhorst, and Richard Jernigan. Steve Hayes
and George Creach were absent. John Berry moved Bryan Lankhorst
up from his alternate position to a regular position; therefore,
there were five voting members.
Staff present were Ted Rowe, City Manager; and Linda Rhodes,
Board of Adjustment Secretary.
AGENDA ITEM NO. 1 - OATH OF OFFICE GIVEN TO APPOINTED BOA
MEMBERS.
Ted Rowe administered the Oath of Office to appointed BOA
members, Rick Steeno and Richard Jernigan, prior to the Regular
Meeting.
AGENDA ITEM NO. 2 - APPROVAL OF MINUTES OF THE REGULAR MEETING OF
OCTOBER 6, 1998.
Charles Gray made a motion to approve the minutes of the Regular
Meeting held on October 6, 1998. Elmer Moseley seconded the
motion. Motion carried with Charles Gray, Elmer Moseley, John
Berry, Rick Steeno, and Bryan Lankhorst in favor and none
opposed.
AGENDA ITEM NO. 3 - BOARD CONSIDERATION TO CONTINUE OR TO REVOKE
SPECIAL USE PERMIT, CASE #BOA94 -03, FOR MONTY JOHNSON.
John Berry asked if the city had any input concerning this case.
Ted Rowe had no other information to add to what was already
supplied in the BOA packet.
John asked Monty Johnson if he wished to address the board on his
case. Monty updated the board on each of the six conditions for
his Special Use Permit.
Condition 6, Rear Fencing (of like kind and quality as the
front)- Monty said he was under the impression that the church
did not like the appearance of the fence. He has re -done and re-
painted the fence to correct this problem.
13
Condition 5, Staff Review to Remain Compliant No action required
on Monty's part.
Condition 4, Installation of Concrete Drainage Apron- Monty said
he was under the impression the board wanted approximately a 3'
or 4' walk around apron; however, he needs a ruling from the
board on the exact measurement needed. Once he has this
information he can get this job started next week.
Condition 3, Drainage- Monty told the board he submitted to
Michael Box a site plan on drainage. He said Michael was to get
back with him if he needed anything further from him. He has not
heard anything from Michael on this.
Condition 1, Requirement to Re -Plat- Monty is waiting on his
surveying company to submit this information to him. He said he
hopes to have it turned in to Ted's office next week.
Condition 2, Meet /Exceed Business 287 Overlay Requirements Monty
said all but 125' has been screened. The 125' is planned to be
screened next week. He has not addressed the landscaping
requirement. He asked for board advice as it relates to the
widening of 287 and how it will effect the landscaping that needs
to be done. Ted said the widening was scheduled to take place
sometime in the year 2000; it would probably be an 18 month to
two year project.
John Berry told the board that they have basically three choices:
revoke the Special Use Permit, give additional time before making
a decision, or to do nothing. He asked Ted if replatting two
lots into one could be done in his office; Ted said yes. John
asked if it could be done by February 1 Monty said that should
not be a problem.
John asked if Michael Box could get something in writing to the
board informing them about the drainage status. The overflow
water needs to be directed to 287 rather than the church
property. Monty said the drainage flows from back to front. No
drainage has changed and the church has not received any drainage
from his property.
Charles Gray said it sounded like condition 6 was fixed and
condition 1 was in the process of being done. He was unclear on
the rest of the conditions; he wants to know the city's position
on each of these. He asked Ted if the right -of - way encroachment
(part of condition 2, Business 287 Overlay Requirements) has been
handled; Ted said it had been. In summary, it appears that Monty
has made some improvements in all areas except for the driveway
plan and landscaping. Michael Box should get a memo to the BOA
within the next week informing them of condition 3, drainage.
Ted commented that he thought the original plans were for the
concrete drainage apron to be in front of the building, designed
to allow water to go to Highway 287.
Charles Gray said he would like to receive more information from
the city before making a decision. To be fair to both the city
and Monty Johnson, more information is needed. John Berry,
suggested a 90 day extension could be granted to allow more time.
Charles Gray made a motion to extend the Special Use Permit, Case
#BOA94 -03, for Mr. Monty Johnson for 90 days and to consider on
the next regular BOA agenda (April, 1999) whether to continue. or
to revoke the permit at that time.
Elmer Moseley seconded the motion.
Rick Steeno asked if any other steps needed to be taken by the
board. John Berry said he felt the motion was clear enough in
that, after 90 days, the board could either extend or revoke the
Special Use Permit based upon information given to them. There
was no further discussion.
Charles Gray, Elmer Moseley, John Berry, Rick Steeno, and Bryan
Lankhorst voted in favor of the motion. Motion passed with all in
favor and none opposed.
AGENDA ITEM NO. 4 - ANNUAL REVIEW OF SPECIAL USE PERMIT, CASE
#BOA94 -01, FOR RON STURGEON.
Ted Rowe informed the BOA that Mr. Ron Sturgeon visited him
recently. Mr. Sturgeon was concerned because he thought the BOA
had found him in non - compliance and that was why he was on the
agenda. Ted explained it was normal procedure for staff to
report to the BOA their annual review of this case.
John Berry asked about the letter (in the BOA packet) to the
tenant in the lease building that is front of Mr. Sturgeon's
property. He asked what the city could do, besides issue
citations, to remedy the on -going outside storage problems.
Ted reminded the board that the lease building was not part of
the Special Use Permit. However, for the outside storage
problems, basically there is nothing else the city can do besides
issue citations.
There being no further discussion and no action needed, the board
continued with the next agenda item.
AGENDA ITEM NO. 5 - GENERAL DISCUSSION.
John Berry thanked the Board of
revised BOA Rules of Procedures
note that a signed copy would
Secretary's office. A copy was
for proper filing.
Adjustment secretary for issuing
to the members. Ted Rowe made
need to be filed in the City
signed and given to Linda Rhodes
A9
Citv of Kenne Texas Zoning Ordinance_
character, as well as insure the appropriate conduct of the special exception use
of the land and buildings granted. See Section 17 -422 of this ordinance.
D. AREA YARD HEIGHT' LOT COVERAGE BUILDIN SIZE
The requirements regulating the minimum lot size, minimum yard sizes (front,
side and rear), maximum building height, maximum percent of lot coverage by
buildings and the minimum size of buildings, as pertains to this district, shall
conform with the provisions of the "Schedule of District Regulations" found in
Section 17 -404.1) and any other applicable regulations as herein provided.
E. PARKING REOUIREMENTS
Off- street parking space requirements shall be in accordance with the parking
schedule found in Section 17 -421 hereof. No enclosed or covered parking is
specifically required.
F. ALL COMMER IAL OPERATIONS AND SALES TO BE ENCLOS EXCEPTION
All commercial uses, operations, and sales, except for off - street parking and off -
street loading facilities, shall be conducted within completely enclosed buildings.
However, the city council may grant a permit to businesses for sidewalk sales for
a period up to thirty (30) days per year.
SE CTION` 17 -415. to C -2" GE COMMERCIAL DISTRICT
A. EIMP— SE
The "C -2" General Commercial District is established to accommodate commercial
activities that cannot generally be accommodated in the.. "C -1" District. This
district permits the storage of goods, materials, equipment, machinery and
vehicles outside of enclosed buildings.
B. PERMITTED USES
The uses permitted in the "C -2" District include those listed in the "Schedule of
Uses found in Section 17 -421 hereof. Any use not expressly authorized and
permitted herein is expressly prohibited in this district, unless otherwise allowed
in conformance with Section 17 -427 of this ordinance dealing with new and
unlisted uses.
C. SPECIAi, EXCEPTION USES
In order
to allow for certain uses which, because of their nature or unusual
character,
cannot be unconditionally permitted in this district, yet would or
could be
an appropriate or compatible use under certain controlled
circumstances and. locations, the board of adjustment may, after public hearing
issuance use permit for such special
thereon, authorize
and grant the of a special
in the "Schedule of Uses" in Section 17 -421 of this
exception
ordinance.
uses allowed
The issuance of the permit by the board shall be contingent upon
reasonable
and appropriate conditions and safeguards, including the length of
time, so
as to properly protect any adjacent property, use or neighborhood
character,
as well as insure the appropriate conduct of the special exception use
of . the land and buildings granted. „ See Section 17 -422 of this ordinance.
� 1
City of Kennedale Texas - _ Z oning Ordinance
A riculture /Ranch Uses:
AG
R -1
R -2
R -3
OT
D
MF
MH
C -1
C -2
I
PARKING
Farm or Ranch
X
S
S
S
X
X
X.
X
X
X
X
2 dwellin unit
Electric Substations
S
S
S
S
S
S
S
S
S
X
X
2 /stall
Farmer's Market
S
S
S
S
S
S
S
S
S
S
X
1/2000 site area
Graine or Gin
S
X
X
X
X
X
X
X
X
X
X
X
1 /employee
Orchard
S
S
S
S
S
S
S
S
X
X'
X
1/200 .f.a.
Produce Stand
S
S
S
S
S
S
X
X
X
X
X
S cified b SUP
Rodeo Ground, Arena ublic
S
X
X
X
S
X
X
X
I X
X
tX
X
None
Stable Private
X
X
X
X
X
X
X
X
S
X
X
1/2 stalls
Stable, Public
S
X
X
S
1 remployee
Utility/Solid Waste Uses:
AG
R -1
R -2
R -3
OT
D
MF
MH
C -1
C -2
I
PARKING
Cable TV Lines
X
X
X
X
X
X
X.
X
X
X
X
None
Electric Substations
S
S
S
S
S
S
S
S
S
S
X
None
Gas Regulating/Gate Station
S
S
S
S
S
S
S
S
S
S
X
None
Microwave Tower
S
S
S
S
S
S
S
S
S
S
X
None
Radio and Television Tower
S
S
S
S
S
S
S
S
S
X
X
None
Railroad Freight Terminal
S
S
S
S
S
S
X
X
X
X
X
1 per employee
Convalescent Center
X
X
X
1 rem to ee
Railroad Yard
''
X
X
X
X
X
X
X
X
S
X
S
1 per employee
Rec` dlih CoIle`ction Facili'
X
X
S
1 remployee
Refuse Transfer Station
S
S
S
S
S
S
S
S
Is
X
1/bed
Sewer Lift Station
X
X
X
X
X
X
X
X
X
X
X
None
Telephone Exchange
S
S
S
S
S
S
X
X
X
X
X
None
Utility Poles and Lines
X
X
X
X
X
X
X
X
X
X
X
None
Utility Mains and Lines
X
X
X
X
X
X
X
X
X
X
X
None
Wastewater Treatment Plant
S
S
S
S
S
S
S
S
S
X
X
2 minimum
Water Pump Station
X
X
X
X
X
X
X
X
I X
X
X
None
Water Stora e Tank
X
X
X
X
X
X
X
X
X
X
X
None
Water Treatment Plant
S
S
S
S
S
S
S.
S
S
S
X
2 minimum
Water Well
S
S
S
S
I S
I S
I S
S
S
S
S
None
Gov't & Institutional Uses:
AG
R -1
R -2
R -3
OT
D
MF
MR
C -1
C -2
I
PARKING
Athletic Field or Stadium
S
S
S
S
S
S
S
S
X
X
1/4 seats
Auditorium or Amphitheater
X
X
X
1/4 seats
Cemetery or Mausoleum
S
S
S
S
S
S
S
S
S
S
S
None
Church or Rectory
X
X
X
X
X
X
X
X
X
X
X
1/4 seats
College or University
S
S
S
S
S
S
S
X
X
X
1/3 students
Community Center
S
S
S
S
S
S
X
X
X
X
X
1/200 .f.a.
Convalescent Center
X
X
1/3 beds
Fire Station
X
X
X
X
X
X
X
X
X
X
X
2/ba
Government Office
X
X
X
1/300 .f.a.
Hospital
S
S
S
S
S
S
S
S
X
X
1/bed
Libraq
X
X
X
X
X
X
X
X
X
X
X
1/300 .f.a.
Museum or Art Gallery
S
S
S
S
S
S
S
S
X
X
X
1/200 .f.a.
Park or Playground
X
X
X
X
X
X
X
X
X
X
X
1/2000 site area
Police Station
S
S
S
S
S
S
S
S
X
X
X
2 visitors aces
Post Office
X
X
X
X
X
X
X
X
X
X
X
1/400 .f.a.
Prison or Penitentiar
S
1/6 cells
Sanitarium
S
1/6 beds
School nurse or kinder arten
S
S
S
S
S
S
S
S
X
X
X
1 /10 children
School trade or business
S
X
X
1/3 students
School (elementary or middle
X
X
X
X
X
X
X
X
X
X
X
1 /10 students
School hi h school
X
X
X
X
X
X
X
X
X
X
X
1/3 students
Swimming Pool (public
S
S
S
S
S
S
S
S
X
X
10 minimum
Tennis Court ublic
S
S
S
S
S
S
S
S
X
X
2 /court
I two
City of Ken nedate Texas Zoning Ordinance
Industrial Uses:
AG
R -1
R -2
R-3
OT
D
MF
MH
C -1
C -2
I
PARKING
Petroleum Products wholesale
5
See Sec. 17 -416.E
S
See Sec. 17 -4161
Petroleum Refinery or Stora e
X
See Sec. 17 -416.E
Pharmaceutical Manufacturin
X
See Sec. 17 -416.E
Planing Mill
See Sec. 17 -4161
Plastic Product ManufacturingS
X
See Sec. 17 -416.E
Pottery Manufacturing
S
X
See Sec. 17 -416X
Radio Transmitting Station
S
See Sec. 17 -416.E
— Recycling Processing Plant
S
See Sec. 17 -416 .E
— Rendering Plant
S
See Sec. 17 -416.E
Rock Crushing Plant
S
See Sec. 17 -416 .E
Salvage Yard
S
See Sec. 17 -416 .E
Smelter Plant
S
See Sec. 17 -416.E
Tannin Plant
S
S
X
See Sec. 17.416.E
Television Transmitting Station
Temporary Construction Office
S
S
S
S
S
S
S
S
S
S
X
None
X
See Sec. 17 -416.E
Textile Manufacturing
S
See Sec. 17 -416.E
Tire Manufacturing
S
See Sec. 17 -4162
Tire Recapping Plant
X
X
See Sec. 17 -416X
Vehicle Conversion Facility
S
X
I See Sec. 17 -416.E
Warehouse
S
X
I See Sec. 17 -416.E
Welding Shop
Notes to Schedule of Uses:
(1) Allowed with mini - warehouse use only.
(2) Home occupations are permitted when in accordance with Section 17 -423 hereof. Home
occupations not specifically permitted in Section 17 -423 may be permitted only with a specific
use permit.
(3) Allowed for a period of one year or until the development is sold out, whichever is longer.
SECTION 11 -422. SPECIFIC USE PERMITS
A. STANDARDS
No application for a specific use permit for a special exception shall be granted
by the board of adjustment unless the board finds all of the following conditions
are present:
(1) That the establishment, maintenance or operation of the use will not be
materially detrimental to or endanger the public health, safety, morals or
general welfare;
(2) That the uses, values and enjoyment of other property in the
neighborhood for purposes already permitted shall be in no foreseeable
manner substantially impaired or diminished by the establishment,
maintenance or operation of the use;
(3) That the establishment of the use will not significantly impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district;
(4) That adequate utilities, access roads, drainage and other necessary site
improvements have been or are being provided;
46
Zonin Ordinance
Cit o Kennedai- 'r—
(5) That adequate measures have been or will be taken to provide ingress or
egress so designed as to minimize traffic congestion in the public streets; and
(6) That the use shall conform to all applicable area, yard, height, lot
coverage, building size and exterior requirements and parking space
regulations of the district in which it is located.
B. CONDITIONS AND GUARANTEES
Prior to the granting of any specific use permit, the board of adjustment may
stipulate such conditions and restrictions upon the establishment, location,
construction, maintenance and operation of the special exception as deemed
necessary to protect the public health, safety and general welfare of the
community and to secure compliance with the standards and requirements
specified in Subsection A above. In all cases in which specific use permits are
granted, the board of adjustment shall require such evidence and written
guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
C. EFFECT Or DENIAL OF APPLICATIO
No application for a specific use permit which has been denied wholly or in part
by the board of adjustment shall be re- submitted for a period of ninety (90) days
from the date of said denial.
SECTION 17 -423. HOME OCCUPATIONS
The purpose of this section is to permit the conduct of home occupations which
are not incompatible with the neighborhoods in which they are located. Such
home occupations are permitted as an accessory use in the ,residential district and
are subject to the requirements of that district in which the use is located, in
addition to the following:
(1) Only the person or persons residing in the dwelling shall be engaged in
the home occupation;
(2) The home occupation shall be conducted only within the enclosed area of
the dwelling unit, garage, or accessory buildings. No storage or display of
materials, goods, supplies, or equipment related to the operation of home
occupation shall be visible outside any structure located on the premises;
(3) Not more than twenty -five percent (25 %) of the living area of the
principal building, up to a maximum of 300 square feet, shall be devoted to the
home occupation;
(4) There shall be no exterior alterations which change the character
thereof as a dwelling or exterior evidence of the home occupation;
(5) No home occupation shall create smoke, fumes, glare, noise, dust,
vibration, electrical interference or any other nuisance not normally
associated with the average residential use in the district;
(6) No home occupation shall become a fire hazard;
19 47
City of Kennedale Texas Zoning Ordinance
toxic material and vibration likely to be generated and the general
requirements for public utilities and sanitation collection.
(2) The planning and zoning .commission shall then consider the nature and
described performance of the proposed use and its compatibility with the uses
permitted in the various districts, and after public hearing, determine the
zoning district or districts within which such use should be permitted.
(3) Following its decision, the planning and zoning commission shall submit
its recommendation to the• city council.
(4) The same procedures should be followed as outlined in Section 17 -429
pertaining to amendments, including the public notice and hearing
requirements, when considering any zoning classification request for a new
or unlisted land use.
SECTION 17 -428. / NONCONFORMING USES
A. NONCONFORMING USE OR STRUCTURE DEFINED
When on the effective date of this zoning ordinance:
(1) when
a use or structure does not conform
to the regulations
prescribed in
the zoning
district in which such use or structure is located
but was in
existence
and lawfully operating prior to
the adoption of
this zoning
ordinance,
or
(2) when
the use or structure was a legal
nonconforming use under the
previous zoning
ordinance,
such use or structure shall be considered as a nonconforming use or structure.
B. BUILDING ON NONCONFORMING LOTS OF RECORD
In any district in which residential, commercial or industrial buildings are
permitted, buildings may be erected on any single lot of record, provided there is
access to such buildings or houses from a street and it is in the same ownership
as recorded on the effective date of this ordinance. This provision shall apply
even though such lot or lots fail to meet the minimum requirements for area,
width, or depth, for the district in which located; however, all other
requirements shall still apply. Any construction on nonconforming lots of
record shall be permitted only with approval of the board of adjustment. No
building or structure shall be constructed on multiple lots. Whenever
construction is desired on multiple lots, the property owner or his/her agent
shall replat the property into a single lot.
C. EXPANSIONS OR ENLARGEMENTS PROHIBI`fTD
Repairs and alterations may be made to a legal nonconforming building,
provided that no structural alterations shall be made except those required by
law or ordinance, unless the building is changed to a conforming use. No
nonconforming use or building may be expanded or increased beyond the lot or
tract of land upon which such nonconforming use or structure is located after
the passage of this ordinance except to provide off - street loading or off - street
parking space facilities. However, the board of adjustment shall have the
City of Kennedale Texas Zoning Ordinance _
authority after a hearing to grant extension of a nonconforming building not to
exceed 25% of the existing building area in case of hardship.
To avoid undue hardship, nothing in this section shall be deemed to require a
change in the plans, construction or designated use of any building for which a
building permit has been properly secured from the city.
D. WHEN DISCONTINUED CONFORMANCEREQORED
The lawful use of a building or land existing at the date of enactment of this
ordinance, although such use does not conform to the provisions hereof, may be
continued. However, if the nonconforming use of any land is. discontinued for a
period of sixty (60) consecutive calendar days, it shall not thereafter be resumed
and any future use of such land shall be in conformity with this zoning
ordinance. If a nonconforming building or structure is discontinued for a period
of six (6) consecutive calendar months, it shall not thereafter be resumed and
any future use of such building or structure shall be in conformity with this
zoning ordinance. Upon evidence of hardship, the board of adjustment shall
have the power to extend the time limits for the nonconforming use, building, or
structure not to exceed one (1) year.
E. CLASS IFICATION CHANGE
A nonconforming use or building changed to a conforming use or building may
not thereafter be changed back to a nonconforming use or building. Also,
whenever a nonconforming. use of a building or structure is changed to a use of
a more restrictive classification, such use shall not thereafter be changed to a
use of a less restricted classification. For the purpose of this regulation, the most
restrictive zoning classification shall be as specified in the chart located in
Section 17 -425, Subsection A of this zoning ordinance.
F. WHEN RESTORATION ALL
A nonconforming building or structure destroyed or damaged by fire, flood,
wind, earthquake, explosion or other casualty, or by the public enemy, to the
extent where the cost of restoration would amount to less than fifty percent
(50 %) of its assessed value may be restored. If the damage is in excess of fifty
percent (50 %) of its value, application for restoration shall first be made to the
board of adjustment to permit such restoration. The board may grant or deny
such restoration only after public hearing and taking into consideration the
property owner's circumstances and the effect on the surrounding property.
Homeowners, as shown by the city tax records on the effective date of this
ordinance, shall be able to restore their property regardless of the extent of
destruction; without making application to the board of adjustment. However,
said restoration shall comply with all construction codes then in effect within
the city and reconstruction must be started within six (6) months. The failure to
start restoration or reconstruction within six (6) months shall forfeit the owner's
right to restore or reconstruct the same unless as a conforming building or
structure.
f
G. BOARD APPROVED USES CONSIDERED CONFORMING
Any use which is permitted in a district only upon action of the board of
adjustment shall, upon its establishment, be considered a conforming use in that
1 55
CITY OF KENNEDALE
209 N. NEW HOPE ROAD
P.O. DOX 260
KENNEDALE, TEXAS 76060
(017) 470 -5410
ISSUED TO
CC-FZT I 1= I CATS Oft— OCCU'__>ANCY
cr•rnn Metal
t
ADDRESS O
4 .17 East Mansfield Highway
To be used as S torage /Warehouse for Recycling Collection Fa ci n "C -2" district,
and has been inspected and -found to comply with the provision of the Zoning Ordinance and
9uildind Codes pertaining thereto. I do hereby approve and issue the Certificate of
Jccupancy.
SPECIAL CONDITIONS- 287 Over Regs. apply. Portable signs prohibited, asis park
ing in the ROW. ust m e r e-platte d on or before e r. n an-
nua1 Business T,icen5e_!a_rP4u1 _r d. St ructure cannot be utilized as a resid
Tenant's Name: Monty Johnson (Owner)
Address: 213 Gatewood Circle E, Burleson,
hone Nu-.. 478 -58 (Wor _295 -6534 (Home)
uilding Official
Fri
TX 76028 (Home)
3 November 19
Date Issued
KENN
CITY OF 4 05 Municipa
Kennedale, Texas 76061
(817) 483-1297
CERTIFICATE OF OCCUPANCY
f
ISSUED TO: Don' Scrap Yard
ADDRESS OF USE: 437 E. Mansfield Hwy.
To be used as Salvage Yard "C -2" zoning j district , and has been inspected and
found to comply with the provisions of the Zoning Ordinance and Building Codes
is pertaining thereto. I do hereby approve and issue this Certificate of
Occupancy.
SPECIAL CONDITIONS: No Vehicles or Fuel Equipment Inside, Building is located in
a floodway therefore no outside storage, No outside storage permitted, Portable
signs are prohibited, Dumpster must be screened from view, Structure can not be
utilized as living quarters, Parking in Right of Way prohibited, Annual Business
License is required, No welding or painting permitted, 287 Overlay District
Ordinance must be complied with.
TENANT'S NAME: Monty Johnson
ADDRESS: 6311 Sonora
Granbury, Tx. 76049
PHONE NUMBER: 817 478 5881
,�— 08 06 04
Building Offi
al Date Issued
�b
Occupancy
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City of Kennedale
Certificate of Occupancy Questionnaire
1,
2.
Are you enlarging an existing tenant space by combining suites, or portions of suites?
List lease spaces being combined
Will you store, use, dispose of, or mix flammable or combustible liquids for purposes
other than maintenance for operation of equipment?
If so, specify the type of product and projected quantities
Yes No
❑ d
❑ A
3.
Is there a spray booth or will one be installed?
❑
4.
Will you handle or use any hazardous or toxic chemicals such as, but not limited to,
oxidizers, corrosive liquids, poisonous gases and radioactive materials?
❑
If so, specify the type and projected quantities
❑
5.
Will the principal use of the building or tenant space be used for storage?
0'
a. If yes, what materials will be stored?
b. What percentage will be used for storage?
c. I-Iow high will the materials be stack�cl? .. --
6.
d. Will the materials be stored in racks? �0
Will the building be equipped with a fire sprinkler system or a standpipe system?
❑
7.
Will food or beverages be manufactured, packaged, stored distributed, sold or prepared in any
❑
manner
other than vending machines?
8.
Will Alcoholic beverages be sold for consumption on the premises?
El
Z
9.
Will a swimming pool be located on the premises?
❑
10.
Will a septic tank be used on the premises?
❑
1 1.
Will any goods or merchandise be displayed outdoors?
❑
�.
Will any goods, merchandise or raw materials be stored outdoors?
,F
El
13.
Will used goods be sold on the premises?
❑
❑
14.'
Will you be performing any of the following on the premises? If so, please circle those activities.
❑
Jr
Manufacturing Routing Formulation/Mixing/Processing Vehicle Washing Welding
15.
Will any liquid wastes or sludge be generated which are not disposed of in the sewer system?
❑
16.
Will any forms of wastewater pre - treatment be utilized at this facility? If yes, briefly describe
❑
17.
t,F:'ill con�bustiblc dust be generated? —
Woodworking Other
El
18.
Are copies of MSDS Sheets Available?
❑
Hazardous Materials
f
I hereby certify that I have completed this questionnaire and kq he same to be true and correct.
Printed Name: N\ S ANZ !� Signature: Date / /
ARTICLE VI. ZONING*
Page 1 of 1
Sec. 17 -422. Special exceptions.
(a) Standards. No application for a special exception shall be granted by the board of
adjustment unless the board finds all of the following conditions are present:
(1) That the establishment, maintenance or operation of the use will not be materially
detrimental to or endanger the public health, safety, morals or general welfare;
(2) That the uses, values and enjoyment of other property in the neighborhood for
purposes already permitted shall be in no foreseeable manner substantially impaired or
diminished by the establishment, maintenance or operation of the use;
(3) That the establishment of the use will not significantly impede the normal and
orderly development and improvement of the surrounding property for uses permitted in
the district;
(4) That adequate utilities, access roads, drainage and other necessary site
improvements have been or are being provided;
(5) That adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets; and
(6) That the use shall conform to all applicable area, yard, height, lot coverage, building
size and exterior requirements and parking space regulations of the district in which it is
located.
(b) Conditions and guarantees. Prior to the granting of any special exception, the board of
adjustment may stipulate such conditions and restrictions upon the establishment, location,
construction, maintenance and operation of the special exception as deemed necessary to
protect the public health, safety and general welfare of the community and to secure compliance
with the standards and requirements specified in subsection (a) above. In all cases in which
special exceptions are granted, the board of adjustment shall require such evidence and written
guarantees as it may deem necessary as proof that the conditions stipulated in connection
therewith are being and will be complied with.
(c) Effect of denial of application. No application for a special exception which has been
denied wholly or in part by the board of adjustment shall be resubmitted for a period of ninety
(90) days from the date of said denial.
(Ord. No. 40, 9 -9 -93; Ord. No. 197, § 4, 9- 14 -00)
ACY
JWID
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ARTICLE VI. ZONING*
Page 1 of 7
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 three hundred (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 to and is located on the south side of the
road within three - hundred (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 event of conflict. This section is to be superimposed in addition to the
regulations applicable to any approved underlying (or base) district. The existence or use of any
building or land in an overlay district shall be subject to the time limitations and amortization
provisions set forth in this section and in sections 17 -428 and 17 -430. 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 division 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.
(3) Notwithstanding subsections (d)(1) and (2) above, a sexually oriented business may
be operated on the following sites:
a. Tract 31C of Abstract 1376 in the David Strickland Survey (1.0 acre).
b. Tract 3G, Abstract 716, W.H. Hudson Survey (3.5 acres).
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ARTICLE VI. ZONING*
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(e) Building setback regulations.
f (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 twenty -
five (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.
(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 (10)
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 article, 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 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.
(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 eighty (80) percent of the surface area of the exterior walls
from the grade to the eave area, excluding doors and windows, constructed from one (1)
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 Ordinance
No. 187 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 thirty (30) percent or more of the square footage
existing on the effective date of the 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:
30
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ARTICLE VI. ZONING*
Page 3 of 7
a. Not be located within twenty -five (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 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.
(i) Screening regulations.
(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 a six -foot
screening device or planting large screening shrubs (at least five- gallon containers) with
a maximum spacing of four (4) 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 (6) 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 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.
(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 for which a building permit is
issued after the effective date of Ordinance No. 187:
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
31
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ARTICLE VI. ZONING*
Page 4 of 7
time for the delay will be allowed.
b. Any building or use not in an overlay district before the effective date of
Ordinance No. 187 shall be required to comply with the landscape regulations of
this subsection when new building construction increases the overall gross
square footage of the structures on the entire lot by thirty (30) percent or more of
the square footage existing on the effective date of Ordinance No. 187.
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 division
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 (10) 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 (7) feet, six (6) inches if:
(i) Either a row of large screening shrubs (at least five - gallon
containers) with a required maximum spacing of four (4) feet on
center, or small screening shrubs (at least one - gallon containers)
with a required maximum spacing of two (2) feet on 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 or the access road to Interstate 20 /Loop 820.
This landscape setback shall be applicable for seventy (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 (5) 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 the city engineer will be required. All
landscaping shall comply with these visibility requirements.
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.
(4) Information regarding landscape plants.
a. Ground covers. The following list of ground covers and any other ground
covers which are demonstrated to be drought resistant and provide a dense
covering are recommended in all landscape setbacks.
TABLE INSET:
Common Name
Botanical Name
Creeping Liriope
Liriope Spicata
Euonymous
Euonymous Fortunie Kewenis
Purple Leaf Honeysuckle
Lonicera Japonica Halliana
Asian Jasmine
Trachelosspermum Asiaticum
Chinese Juniper
Juniperus Chinesis Sargentii
Shore Juniper
Juniperus Conferta
Tamarix Juniper
Juniperus Sabina
Santolina
Santolina Chamaecyparisus
Santolina Virens
Vinca
Vinca Major
Mondograss
Ophiopogon Japonicus
b. Street trees. The street trees named below and any other street tree which,
when mature will attain a minimum height of twenty (20) feet and a six -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.
TABLE INSET:
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
TABLE INSET:
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Common Name
Botanical Name
Bald Cypress
Taxodium Distichum
Pond Cypress
Taxodium Distichum
Mexican Plum
(var. Nutans)
Pecan Carya
Illinoionenses
Pistachio
Pistachio Chinensis
Lacebark Elm
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.
TABLE INSET:
Common Name
Botanical Name
Crepe Myrtle
Lacterstroemia Indica
Bradford Pear
Pyrus Calleryana Bradford
Mexican Plum
Prunus Mexicana
Deciduous Holly
Ilex Dedicua
Redbud - Oklahoma
Cercis Canadensis Oklahoma
Japanese Black Pine
Pinus Thunbergiana
Austrian Pine
Pinus Nigra
Desert Willow
Chilopsis Linearis
White Saucer Magnolia
Magnolia Heptapeta
Afgan Pine
Pinus Eldarica
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) twelve (12) inches from existing grade.
(k) Sign regulations. The sign regulations set forth in chapter 17, article VII, "Signs ", of this
Code shall apply to all uses located in the Business 287 and Interstate 20 /Loop 820 Overlay
Districts.
(1) Loading dock regulations for new 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 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; and
b. Shall not be located within fifty (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 fifty (50) feet of the nearest right -of -way line of Business 287 or the access road to
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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:
GRAPHIC Lt : Loading Dock Pe on a Side Wall
(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 for salvage 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 fifty (50) feet of the
nearest right -of -way line of Business 287 or the access road to Interstate 20 /Loop 820.
(2) All outside storage, salvage, and scrap shall be screened from view by an eight -foot
high solid fence or wall 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 for fences
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 (3) 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 or wall
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
or wall.
(3) Outside storage, salvage, and /or scrap shall not be stacked, accumulated, kept, or
otherwise placed above the solid fence or wall described above.
(4) Any building or use in existence before the effective date of Ordinance No. 187 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
c. The date on which a lease for the property terminates or is renewed.
(Ord. No. 40, 9 -9 -93; Ord. No. 187, § 1, 3 -9 -00; Ord. No. 231, § 1, 2- 14 -02; Ord. No. 245, § 2, 2- 11 -03;
Ord. No. 252, § 2, 7- 10 -03; Ord. No. 267, § 2, 4 -8 -04)
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Sec. 17 -428. Nonconforming uses.
(a) Purpose and intent.
(1) Within the districts established by this article, as amended, there may exist buildings
or uses of land and buildings which were lawful before this section was passed or
amended, but which would be prohibited, regulated or restricted under the terms of this
article or future amendments. Such nonconforming buildings or uses of land and
buildings may be continued although they do not conform with the provisions of this
article, subject to the limitations and conditions set forth in this section. Such
nonconforming uses are declared by this section to be incompatible with permitted uses
in the districts involved.
(2) With due regard for the property rights of the persons affected when considered in
light of the public welfare, the character of the area surrounding the nonconforming use
and the conservation and preservation of surrounding properties and their values, it is
the declared purpose of this section that nonconforming uses be eliminated and be
required to conform to the regulations prescribed in this section.
(b) Building on nonconforming lots of record. In any district, buildings may be erected on any
single lot of record, provided there is access to such buildings or houses from a street. This
provision shall apply even though the lot fails to meet the minimum requirements of area, width,
or depth, for the district in which located; however, all other requirements shall still apply. Any
buildings constructed on nonconforming lots of record shall meet all development regulations in
the district unless property variances are granted by the board of adjustment. No building or
structure shall be constructed on multiple lots. Whenever construction is desired on multiple
lots, the property owner or his /her agent shall replat the property into a single lot.
(c) Nonconforming buildings. Repairs and alterations may be made to a nonconforming
building, provided that no structural alterations shall be made except those required by law or
ordinance, unless the building is brought into conformity with the provisions of this section.
(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 subsection (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 article, 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 twenty -five
(25) percent of the existing floor area, subject to the development regulations
applicable in the zoning district.
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
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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 subsection (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 twenty -five (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 surrounding property values or the character of surrounding
neighborhoods.
(f) Discontinuance or abandonment.
(1) A nonconforming use, when discontinued or abandoned, shall not be resumed and
any further use shall be in conformity with the provisions of this section. Discontinuance
or abandonment shall be defined as follows:
a. When land used for a nonconforming use shall cease to be used in a bona
fide manner for the nonconforming use of sixty (60) consecutive calendar days.
b. When a building designed or arranged for a nonconforming use shall cease
to be used in a bona fide manner as a nonconforming use for a period of six (6)
consecutive calendar months.
c. When a building designed or arranged for a conforming use shall cease to be
used in a bona fide manner as a nonconforming use for a period of three (3)
consecutive calendar months.
d. When land or a building used only on a seasonal basis is not used in a bona
fide manner as a nonconforming use during such season.
(2) Discontinuance or abandonment shall be conclusively deemed to have occurred
irrespective of the intent of the property owner if the nonconforming use was dilapidated,
substandard, or was not maintained in a suitable condition for occupancy during the
above time periods.
(3) Upon evidence of hardship, the board of adjustment shall have the power to extend
the time limits in subsection (1) not to exceed one (1) year.
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(g) Destruction of nonconforming use.
Page 3 of 4
(1) If a nonconforming building or a building occupied by a nonconforming use is
destroyed by fire, the elements or otherwise, it may not be reconstructed or rebuilt
except to conform with the provisions of this article unless the destruction amounts to
less than fifty (50) percent of its fair market value at the time of destruction.
(2) If the destruction is greater than fifty (50) percent and less than total, the board of
adjustment may, after a public hearing, authorize repair, taking into consideration the
property owner's circumstances and the effect on surrounding properties.
(3) Upon submission by the owner of sufficient evidence to prove that the destruction
amounts to less than fifty (50) percent of the total value of the entire nonconforming use
and that the destroyed building or structure constituted an integral part of the
nonconforming use without which the nonconforming use cannot be profitably operated,
the board of adjustment may permit the reconstruction of such destroyed building or
buildings under conditions which reasonably allow the owner to recoup his original
investment.
(4) Notwithstanding anything herein to the contrary, a single - family residence which is
destroyed shall be permitted to be reconstructed without board of adjustment approval
regardless of the extent of destruction provided that the construction complies with all
current building codes and is commenced within six (6) months of the date of
destruction. The failure of the owner to start such reconstruction within six (6) months
shall forfeit the owner's right to restore or reconstruct the dwelling except in conformance
with this article.
(5) If the owner of a nonconforming use fails to begin reconstruction of the destroyed
building (when permitted to do so by the terms of this section) within six (6) months of
the date of destruction or approval by the board of adjustment, the nonconforming
building or use shall be deemed to be discontinued or abandoned as provided in
subsection (f) above.
(h) Registration of nonconforming uses. The owner of any nonconforming use shall register
such nonconforming use with the code enforcement department within six (6) months of the
effective date of this section. Registration shall be confirmed by the issuance of a certificate of
occupancy - nonconforming, which shall be considered legal evidence of the existence of the
nonconforming use. The zoning administrator shall maintain on file for the city all certificates of
occupancy - nonconforming. After six (6) months from the effective date of thissection, the
board of adjustment shall have the authority to direct the city to issue a certificate of occupancy
- nonconforming upon presentation of evidence adequate to satisfy the board that a building or
land were lawful uses before this section was passed or amended. A pending request to the
board of adjustment shall be sufficient defense against enforcement of subsection (g)(5). In the
event that the owner of a nonconforming use does not register the use as required, there shall
be a rebuttable presumption that the nonconforming use was not legally existing on the effective
date of this section, and the nonconforming use shall be deemed illegal and a violation of this
section.
Additional limitations and provisions regarding nonconforming uses.
(1) A nonconforming use or building, if changed to a conforming use or building, may
not be changed back to a nonconforming use or building. Also, whenever a
nonconforming use is changed to a use permitted in a more restricted zoning district,
such use shall not thereafter be changed to a use permitted in a less restricted zoning
district. For the purpose of this regulation, the most restricted zoning district shall be as
specified in the chart located in section 17- 425(a).
(2) No nonconforming accessory use or structure shall continue after the principal use
or structure shall have ceased or terminated unless the accessory use or structure shall
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thereafter conform to the provisions of the zoning district in which it is located.
(3) Nothing contained in this section shall require any change in the plans, construction
or designated use of a building or land development project for which a building permit
was lawfully issued no more than six (6) months prior to the adoption or amendment of
this section, provided, that such construction shall have been started at the time such
use became nonconforming and shall have been diligently prosecuted to completion.
(4) The foregoing provisions of this section shall also apply to uses made
nonconforming by subsequent amendments to the zoning regulations or by annexation
into the city limits.
(5) Any use which is permitted as a special exception use by the board of adjustment
shall, upon its establishment, be considered a conforming use in that district, provided
that this regulation shall not be so interpreted as to waive any conditions placed on the
special exception by the board of adjustment.
(6) The board of adjustment shall, from time to time, on its own motion, or upon cause
presented by interested persons, inquire into the existence, continuation or maintenance
of any nonconforming use within the city. The board of adjustment may take specific
action to abate, remove, limit or terminate any nonconforming use or building under
reasonable guidelines as set forth in section 17 -430. The concurring vote of four (4)
members of the board shall be necessary to take any such action.
(7) Any nonconforming building or use of land or building which is located in the
Business 287 or Interstate 20 /1-oop 820 Overlay District shall be discontinued three (3)
years after the date that the building or use becomes nonconforming. Unless a different
compliance timeline or requirement is set forth in section 17 -420. 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 the
amortization period set forth in this section or section 17 -420. 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.
(Ord. No. 40, 9 -9 -93; Ord. No. 51, § 1, 6 -9 -94; Ord. No. 169, § 8, 1- 18 -99; Ord. No. 187, § 4, 3 -9 -00;
Ord. No. 226, § 3, 11 -8 -01; Ord, No. 231, § 2, 2- 14 -02; Ord. No. 328, § 2, 3 -9 -06)
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Sec. 17 -430. Board of adjustment.
(a) Organization of board of adjustment.
(1) There is hereby created a board of adjustment which shall consist of five (5)
members who are residents of the city, each to be appointed by the city council for a
staggered term of two (2) years and removable for cause by the city council. The city
council shall designate one (1) member as chairperson. Vacancies shall be filled for the
unexpired term of any member whose place becomes vacant for any cause, in the same
manner as the original appointment was made. Provided, however, that the city council
mayappoint up to four (4) alternate members of the board who shall serve in the
absence of one (1) or more of the regular members when requested to do so by the
chairperson of the board, the city manager or the mayor. All cases to be heard by the
board will always be heard by a minimum of four (4) members. Alternate members shall
serve a term of two (2) years and any vacancy shall be filled in the same manner.
Alternate members are subject to removal the same as the regular members.
(2) The board shall adopt rules to govern its proceedings provided, however, that such
rules are not inconsistent with this article or state law. Meetings of the board shall be
held at the call of the chairperson and at such other times as the board may determine,
and in accordance with the Texas Open Meetings Law. The chairperson, or in his or her
absence, the vice - chairperson or acting chairperson, may administer oath and compel
the attendance of witnesses.
(3) The board shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep
record of its examinations and other official actions, all of which shall be immediately
- filed in the office of the city secretary and shall be a public record.
(b) Appeals to the board.
(1) Appeals to the board can be taken by any person aggrieved by any zoning decision
of the city manager or his or her designated zoning administrator or by any officer or
department of the city. Such appeal shall be filed within fifteen (15) days after the
decision has been rendered by the city manager or administrative officer by filing with
the city secretary and with the board of adjustment, a notice of appeal specifying the
grounds thereof. The administrative officer or department from whom the appeal is taken
shall forthwith transmit to the board all the papers constituting the records upon which
the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from,
unless the city manager or designated administrative officer from whom the appeal is
taken certifies to the board of adjustment, after the notice of appeal shall have been filed
with him or her, that by reasons of facts stated in the certification, a stay would, in his or
her opinion, cause imminent peril to life or property. In such case, proceedings shall not
be stayed otherwise than by a restraining order which may be granted by the board or a
court of record on application or notice to the officer from whom the appeal is taken and
on due cause shown.
(3) No appeal to the board for the same or related special exception or variance on the
same piece of property shall be allowed prior to the expiration of one hundred eighty
(180) days from a previous ruling of the board on any appeal to such body unless other
property in the immediate vicinity has, within the said one - hundred - eighty -day period,
been changed or acted on by the board or city council so as to alter the facts and
conditions on which the previous board action was based. Such change of
circumstancesshall permit the re- hearing of an appeal by the board, prior to the
expiration of one - hundred - eighty -day period, but such conditions shall in no way have
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any force in law to compel the board, after a hearing, to grant a subsequent appeal.
Such subsequent appeal shall be considered entirely on its merits and the peculiar and
specific conditions related to the property on which the appeal is brought.
(4) At a public hearing relative to any appeal, any interested party may appear in
person or by his or her agent or attorney. The burden of proof shall be on the applicant
to establish the necessary facts to warrant favorable action of the board on any appeal
or variance request. Any special exception or variance granted or authorized by the
board under the provisions of this article shall authorize the issuance of a building permit
or certificate of occupancy, as the case may be, for a period of ninety (90) days from the
date of the favorable action of the board unless said board shall have in its action
approved a longer period of time and has so shown such specific longer period in the
minutes of its action. If the building permit and /or certificate of occupancy shall not have
been applied for within said ninety -day period or such extended period as the board may
have specifically granted, then the special exception or variance shall be deemed to
have been waived and all rights thereunder terminated. Such termination and waiver
shall be without prejudice to a subsequent appeal and such subsequent appeal shall be
subject to the same regulation and requirement for hearing as herein specified for the
original appeal.
(c) Actions of the board.
(1) In exercising its powers, the board may, in conformity with the provisions of the
statutes of the State of Texas, reverse or affirm wholly or partly, or may modify the order,
requirement, decision or determination as ought to be made and shall have all the
powers of the city manager or other administrative official from whom the appeal is
taken. The board shall have the power to impose reasonable conditions to be complied
with by the applicant.
(2) The concurring vote of four (4) members of the board shall be necessary to reverse
any order, requirement, decision or determination of the city manager or other
administrative official, or to decide in favor of the application for a specific use permit on
any authorized special exception use, or to effect any variance.
(d) Notice of hearing before board required. The board shall hold a public hearing on all
appeals, requests for special exception uses, and variance requests made to it and written
notice of such public hearings shall be sent to the applicant and all other persons who are
owners of real property lying within two hundred (200) feet of the property on which the appeal
is made. Such notice shall be given no less than ten (10) days before the date set for hearing to
all such owners who have rendered their said property for city taxes as the ownership appears
on the last city tax roll. Such notice may be served by depositing the same properly addressed
and postage paid in the United States post office. Notice shall also be given by publishing the
same in the official publication of the city at least ten (10) days prior to the date set for hearing,
which notice shall state the time and place of such hearing.
Additionally, the city manager should erect a sign on the property on which a specific use permit
or variance has been requested. The sign shall be erected adjacent to a street if possible and in a
conspicuous place. The sign should have an area of four (4) or more square feet. The sign should state
that a request for a special exception or variance has been made on that particular property and the
telephone number of the city offices from where dates of public hearings and more information about
the zoningrequest may be obtained. The sign should be erected prior to the hearing as early as
possible and convenient. The erection and continued maintenance of this sign, however, shall not be
deemed a condition precedent to the granting of any zoning variance, special exception, or the holding
of any public hearing.
(e) Jurisdiction of board. When, in its judgment the public convenience and welfare will be
substantially served and the appropriate use of the neighboring property will not be substantially
or permanently injured, the board may, in specific cases, after public notice and public hearing
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and subject to appropriate conditions and safeguards, take the following action:
(1) Hear and decide appeals where it is alleged there is error on any order,
requirement, decision or determination made by the city manager, the other zoning
administrator, or other city official in the enforcement of this article;
(2) Hear appeals on zoning boundary disputes;
(3) Initiate on its motion or cause presented by interested property owner's action to
abate, remove, limit or terminate a nonconforming use;
(4) Require the discontinuance of a nonconforming use or building under a reasonable
plan whereby the owner's investment in the nonconforming use or building can be
recouped through amortization over a definite period of time, taking into consideration
the general character of the neighborhood and the necessity for all property to conform
to the regulations of this article;
(5) Permit the expansion or extension of a nonconforming use in accordance with the
provisions of section 17 -428;
(6) Within the limits prescribed in section 17 -428, the board may review nonconforming
uses which have been abandoned or discontinued to determine whether such uses
should be allowed to resume operation. Such action by the board shall consider any
unnecessary hardship on the property owner if the use is discontinued and shall have
due regard for the public welfare, the character of the area surrounding such use, and
the conservation, preservation and protection of surrounding properties and their values.
(7) Permit the repair or reconstruction and occupancy of a nonconforming building or a
building containing a nonconforming use where the building has been destroyed in
excess of fifty (50) percent but less than the total value as provided in section 17 -428,
f.. provided such reconstruction does not, in the judgment of the board, prevent the return
of such property to a conforming use or increase the nonconformity of a nonconforming
building beyond what is permitted by section 17 -428. Such action by the board of
adjustment shall have due regard for the property rights of the person or persons
affected, when considered in light of the public welfare, the character of the area
surrounding such structure, and the conservation, preservation and protection of
surrounding properties and their values.
(8) Require the vacation and demolition of a nonconforming structure which is deemed
to be obsolete, dilapidated or substandard;
(9) Permit variances to the development regulations in this article such as the front
yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off - street
parking, off - street loading, lot area, maximum height, or other building regulations, where
the literal enforcement of the provisions of this article would result in an unnecessary
hardship, or where such variance is necessary to permit the reasonable development of
a specific parcel of land which differs from other parcels of land in the same district by
being of such area, shape or slope that it cannot be developed in a manner
commensurate with the development permitted upon other parcels of land in the same
district; and
(10) To hear and decide any special exceptions authorized by this article.
a. Construction of an accessory building in the R -1, R -2, R -3, Duplex and Old
Town districts with an exterior building material other than wood, stone, brick or
vinyl siding.
(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 (3) years after the 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
420
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ARTICLE VI. ZONING*
building or use over the three -year period.
Page 4 of 4
(f) Appeals of board action. Any person or persons, jointly or severally aggrieved by any
decision of the board, any taxpayer or any officer, department, or board of the municipality may
present to a court of record (district court) a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be
presented to the court within ten (10) days after the decision of the board and not thereafter.
(g) Authorized special exceptions. In addition to those special exception uses authorized in
section 17 -421, the board may consider the following special exceptions, subject to the
standards and requirements of this section and section 17 -422:
(1) Accessory building with an exterior building material other than wood, stone, brick
or vinyl siding. Districts where permitted: R -1, R -2, R -3, D, OT.
(2) Satellite antennas (whether receive -only or transmission) that exceed one (1) meter
in diameter in a residential zoning district or two (2) meters in diameter in a non-
residential zoning district, subject to the following conditions:
a. A satellite antenna may be placed on the roof of a residential structure
provided it is not placed on the side of the roof that faces a public street unless
this would cause an unreasonable increase in the cost of installing, maintaining
or using the antenna or would prevent reception of an acceptable quality signal.
A satellite antenna may be placed on the roof of a nonresidential structure if
screened from public view from line of sight at ground level from the property
line.
b. The satellite antenna shall not be permitted in front or side yards. The
satellite antenna shall be permitted in the rear yard provided it meets the
minimum setback as is required for accessory buildings in residential districts
and as for all buildings in nonresidential districts.
c. Satellite antennas shall not be permitted in easements.
d. No auxiliary or outdoor lighting shall be allowed on the satellite antenna
except such lights or lighting as may be required by the Federal Aviation
Administration or the Federal Communications Commission.
e. No part of an antenna, or any attachment thereto may extend beyond the
property lines of the owner of such antenna site.
(Ord. No. 40, 9 -9 -93; Ord. No. 51, § 2, 6 -6 -94; Ord. No. 169, § 10, 1- 18 -99; Ord. No. 187, § 5, 3 -9 -00;
Ord. No. 198, § 2, 8- 14 -00; Ord. No. 199, §§ 1, 2, 8- 14 -00)
aft
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4/28/2008
ARTICLE VI. ZONING*
Page 1 of 1
Recycling collection facility means a facility designed to collect, sort, and package, by either
manual or mechanical processes, recyclable items for transport to a processing plant.
Rental store means an establishment which offers and array of items such as appliances,
furniture, stereo equipment, televisions, etc. at a stated price for a fixed interval of time under a lease or
rental agreement.
Restaurant means any eating or drinking establishment where the preparation and serving of
food is the primary business of such establishment including cafes, bistros, cafeterias, and other fast
food and drive -in food establishments.
Salvage means and necessarily includes:
(1) Any discarded, abandoned, junked, wrecked, dismantled, worn out, or ruined motor
vehicles (including automobiles, trucks, tractor, trailers, and buses) motor vehicle parts,
boats, travel trailers, trailers, cranes, machinery or equipment, machinery or equipment
parts, and or recreational vehicles; and /or
(2) Any junk.
Salvage yard means and necessarily includes a salvage yard, automotive wrecking yard, and
automotive graveyard shall mean any lot or tract of land upon which three (3) or more discarded,
abandoned, junked, wrecked, dismantled, worn out, or ruined motor vehicles (including autos, trucks,
tractor - trailers, and buses), motor vehicle parts, boats, travel trailers, trailers, and /or recreational
vehicles are either:
(1) Kept, stored, bought, sold, recycled, or otherwise placed; or
(2) Disassembled, dismantled, stripped, scrapped, recycled, or cut up.
*1
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4/28/2008
Staff Report
To the Members of the Board of Adjustment
F
Date: May 2, 2008
Agenda Item No: C -1
Subject: Minutes
Originated by: Crystal Tort, Board of Adjustment Secretary
Summary: Attached are the minutes for the Regular Meeting dated March 4,
2008.
Recommendation: Staff recommends approval
Disposition by Commission:
45
146
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MARCH 4, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
Chairman Adams called the meeting to order at 7:20 PM.
Members present: Brian Cassady, Rick Adams, Charles Gray, Patrick Vader, and Linda Elam.
Members absent: Charles Overstreet, Cheryl Abbott, Richard West, and Tom Collins
Staff Present: James E. Cowey, Building Official; Larry Hoover, Community Development
Specialist, Bob Hart, City Manager, and Crystal Tort, BOA Secretary.
Ms. Tort performed the swearing in of the citizens that would like to address the Board.
A. VISITORS /CITIZENS FORUM
No one wished to speak.
B. CONSIDER BOA CASE # 08 -01
An appeal to the City's Administrations decision to revoke the Certificate of Occupancy of T.F.
Relocators, Inc. located at 6901 Mansfield Cardinal Rd based upon the determination that T.F.
Relocators operates the property as a "motor freight terminal" and storage facility for company
vehicles.
The legal description of the property is Block Lot 4 of the Jesse Russell Survey per Plat B 1247
in the City of Kennedale, Tarrant County, Texas.
1) STAFF PRESENTATION OF CASE
Bob Hart gave a detailed overview of the case and requested that the board uphold the staff
interpretation of the business classification of TF Relocators as a motor freight terminal, which
is only permitted in an industrial zone and require the 24 hour trucking operation of this
business to cease no later than March 31, 2008.
2) PUBLIC COMMENTS
Elvis Johnson, 6911 Mansfield Cardinal, Kennedale, TX addressed the Board in favor of the
decision to revoke the CO of TF Relocators and made complaints about TF Relocators
producing loud noises.
Wayne Davis, 2725 CR 415, Cleburne, TX owner of property addressed the Board against the
decision to revoke the CO of TF Relocators asked the board to consider delaying the
suspension of the CO if possible, while the transformation is made to more office and less
trucking.
io
147
Bonnie Melican, 1232 Mansfield Cardinal, Kennedale, TX addressed the Board in favor of the
decision to revoke the CO of TF Relocators due to loud noises all night long and lights shining
into her house.
Kirk Austin, 6901 Mansfield Cardinal, Kennedale, TX owner of TF Relocators addressed the
Board against the decision to revoke the CO of TF Relocators and explained that TF Relocators
would stop this line of business and would change business orientation to a RV and Boat
Storage.
A discussion ensued among the applicant and the members of the Board.
3) APPLICANT PRESENTATION OF CASE
4) STAFF RESPONSE AND SUMMARY OF CASE
Bob Hart requested the board to determine the business classification of TF Relocators based
on the information heard tonight. A discussion was then held between the Board members, Mr.
Hart, and the applicant.
5) ACTION ON CASE
Mr. Gray made a motion to concur with the City and revoke the Certificate of Occupancy of TF
Relocators, seconded by Mr. Vader.
Motion passed without opposition.
Chairman Adams closed the public hearing at 8:09 PM.
C. REGULAR ITEMS
1) Approval of Minutes dated July 10, 2007.
Mr. Vader made a motion to approve the minutes as presented, seconded by Mr. Austin.
Motion passed unanimously.
2) Discuss Board Appreciation Dinner
A reminder was made to attend a Board Appreciation Dinner on March 27, 2008 at 6:30 PM at
Life Fellowship Church.
3) Results of the Citizen's Opinion Survey and Implementation Models
Bob Hart discussed the survey results and possible recommended actions.
4) Discussion of roles, duties, expectations, and training for the Board of Adjustment
Members
Bob Hart briefly discussed the need for training for Board Members and the relationship
between other City Boards.
148
D. ADJOURNMENT
Mr. Gray made a motion to adjourn the meeting, seconded by Mrs. Elam.
Motion passed unanimously.
Chairman Adams adjourned the meeting at 8:53 pm.
Chairman, Rick Adams
Board of Adjustment
ATTEST:
Crystal M. Tort
Board of Adjustment Secretary
Staff Report
To the Members of the Board of Adjustment
Date: May 2, 2008
Agenda Item No: D -1
Subject: Staff Update on City Projects
Originated by: James E. Cowey, Building Official
Summary: Update on the status of construction on Rodgers Farm Park and
TownCenter.
Recommendation:
Disposition by Commission:
Staff Report
To the Members of the Board of Adjustment
Date: May 2, 2008
Agenda Item No: D -2
Subject: Board Reappointments
Originated by: Larry Hoover, Community Development Specialist
Summary: June is the month for all Board reappointments. Staff needs to be
aware of all Members who would like to be reappointed.
Recommendation:
Disposition by Commission:
BOA CASE # 08-02
DON'S SCRAP METAL
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -02 to receive citizen's comments for a request to an extension of an existing
SPECIAL EXCEPTION for a metal recycling business at 437 East Kennedale Parkway with the
Legal Description being Lot 4131 of the C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R
of the Johnson Addition in the City of Kennedale, Tarrant County, Texas as requested by Monty
LL Johnson of Don's Scrap Metal.
F .
f
1. NAME: v .
ADDRESS:
ZIP
PHONE NUMBER:
2. 1 HEREBY 'WISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING LFOR ❑ AGAINST THE EXTENSION
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE 1/ \1\ V : � Rt. DATE: May 6, 2008
BOA CASE # 08-02
DON
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -02 to receive citizen's comments for a request to an extension of an existing
SPECIAL EXCEPTION for a metal recycling business at 437 East Kennedale Parkway with the
Legal Description being Lot 4131 of the C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R
of the Johnson Addition in the City of Kennedale, Tarrant County, Texas as requested by Monty
Johnson of Don's Scrap Metal.
1. NAME: N NL_Ai — I nyesi ) ( &OUl"
ADDRESS: )�. Z y o V_QwN ulum
W0 - `T ( zIP - 7G - 0Z'
PHONE NUMBER: � ` I 5)8 9 3 `l
2. 1 HEREBY I� WISH TO ADDRESS THE COMMISSION.
�'� DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING FOR ❑ AGAINST THE EXTENSION
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE:
DATE: May 6, 2008
f
DON
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -02 to receive citizen's comments for a request to an extension of an existing
SPECIAL EXCEPTION for a metal recycling business at 437 East Kennedale Parkway with the
Legal Description being Lot 4131 of the C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R
of the Johnson Addition in the City of Kennedale, Tarrant County, Texas as requested by Monty
Johnson of Don's Scrap Metal.
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
O O NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
REGISTER T THE FOLLOWING OPINION.
3. 1 AM REGISTERING OR ❑ AGAINST THE EXTENSION
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUS[
SIG
DDRESS IS:
DATE: May 6, 2008
BOA CASE # 08-02
DON
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -02 to receive citizen's comments for a request to an extension of an existing
SPECIAL EXCEPTION for a metal recycling business at 437 East Kennedale Parkway with the
Legal Description being Lot 4131 of the C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R
of the Johnson Addition in the City of Kennedale, Tarrant County, Texas as requested by Monty
Johnson of Don's Scrap Metal.
1. NAME:
ADDRESS:
z I P
PHONE NUMBER:
f✓ '
2. 1 HEREBY X,,WISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR AGAINST THE EXTENSION
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
!;9 Lei ► /_ir0114
DATE: May 6, 2008
f
BOA CASE # 08-02
DON'S SCRAP METAL
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -02 to receive citizen's comments for a request to an extension of an existing
SPECIAL EXCEPTION for a metal recycling business at 437 East Kennedale Parkway with the
Legal Description being Lot 4131 of the C.A. Boaz Subdivision of the JB Renfro Survey and Lot 1 R
of the Johnson Addition in the City of Kennedale, Tarrant County, Texas as requested by Monty
Johnson of Don's Scrap Metal.
2. 1 HEREBY WISH TO ADDRESS THE COMMISSION
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR AGAINST THE EXTENSION
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: DATE: May 6, 2008
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 6, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
4F ,
1:U
ROLL CALL
A. VISITORS /CITIZENS FORUM
CHARLES GRAY`°
DONNIE GRAHAM U)ar
PAZRJZ� � y l
LINDA ELAM
At this time, any person with business before the Board of Adjustment not scheduled on the
Agenda may speak, provided that a "Speaker's Request Form" has been completed and submitted
to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be
directed towards the Chair, rather than individual BOA members or staff. All speakers must limit
their comments to the subject matter as listed on the "Speaker's Request Form." No formal action
can be taken on these items
A request to an extension of an existing SPECIAL EXCEPTION for a metal recycling business at
437 East Kennedale Parkway with the Legal Description being Lot 4B1 of the C.A. Boaz
Hr - Uvi rmckr) we. kcW Ck gUo(L4 ry)
1) STAFF PRESENTATION OF CASE
0
r ■re
P BLIC HEARING ON BOA CASE #.08-02 wVqz+
r ,
2) APPLICANT PRESENTATION OF CASE 4023
4) APPLICANT RESPONSE
i
5) STAFF RESPONSE AND SUMMARY OF CASE
0
6) ACTION ON CASE
iii
C. REGULAR ITEMS
1) Approval of Minutes dated March 4, 2008.
D. STAFF REPORTS
2) Board Reappointments
5 to (7
1) Staff Update on City Projects.
D. ADJOURNMENT
Vinda
f