O562ORDINANCE NO. 562
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE VI, "ZONING',
OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE,
TEXAS, AS AMENDED, BY AUTHORIZING SPECIAL EXCEPTION
APPROVAL OF SPECIAL FUNCTIONS IN SINGLE FAMILY
RESIDENTIAL DISTRICTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS; PROVIDNG A SAVINGES CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a Comprehensive Zoning Ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other purposes, for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance
with a comprehensive plan; and
WHEREAS, the City Council has determined that it is appropriate to amend the
Comprehensive Zoning Ordinance to allow a limited number of special functions at single family
residences within the City, subject to reasonable terms and conditions established by the Board
of Adjustment; and
WHEREAS, public hearings were held by the Planning and Zoning Commission of the
City of Kennedale, Texas, on December 18, 2014, and by the City Council of the City of
Kennedale, Texas, on February 16, 2015, with respect to the amendments described herein; and
WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the Comprehensive Zoning
Ordinance and Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 17, Article VI, Section 17 -431 of the Kennedale City Code is hereby amended by
adding the following definition:
Special Function means a gathering, party or other event held on a limited occasion at a
single family residence, including but not limited to, wedding/anniversary receptions,
graduation/birthday parties, and benefits. Special Functions other than for persons or families
that reside at the residence shall only be allowed upon approval of a special exception by the
Board of Adjustment. A special exception shall not be required for a person residing at the
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residence to hold a special function for himself or another person residing at that residence, or
for a family member or personal friend of a person residing at the residence, provided that no fee
is charged or donation required as part of the special function. Even when a special exception is
not required, any special function shall still be required to comply with the general regulations
governing public safety and health and with the requirements of Kennedale City Code, including
nuisance, parking, and traffic regulations.
SECTION 2.
Chapter 17, Article VI, Section 17 -430 of the Kennedale City Code is hereby amended by
adding a new subsection (i)(3) to read as follows:
(i) Authorized special exceptions.
(3) Special Functions in Single Family Residential Districts. A special function as
defined in Section 17 -431 may be permitted in an R -1, R -2 or R -3 Residential
District. The maximum term of initial special exception approval will be for a
period of one year. The special exception may thereafter be renewed for longer
periods of time if the use is in compliance with all applicable conditions. Special
exceptions for special events shall only be granted to non - profit organizations or
for events for which all proceeds benefit a non - profit organization. The applicant
for a special exception for special functions shall submit documentation with the
application sufficient to demonstrate that the special event will meet this
requirement. A special function approval is subject to the following conditions:
a. Regardless of the granting of a special exception for special functions, no
special function shall be permitted unless the recipient of a special function
special exception has applied for and received a special function permit from
the City. The application for a special function permit shall be submitted to
the City at least 30 calendar days before the date the special function is
proposed to be held. The application shall state, at a minimum, the date and
hours of the event, the number of people expected to attend, and the type of
event;
b. Each applicant for a special function special exception shall be required to
submit a venue plan as part of the application, in addition to any other
standard application requirements for a special exception. The applicant must
include at least the following information in the venue plan:
1. Proposed hours of events, including set -up and take -down time;
2. Proposed number of people who will attend events at the property;
3. The type of screening that will be installed between the property on
which the events will be held and adjacent properties;
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4. Plans for maintaining adequate traffic flow and preventing traffic
congestion on the property and on public streets providing access to
the property;
5. A description of any special sound equipment that may be used;
6. A copy of the TABC permit for any events at which alcohol will be
served;
7. A description of any security that will be provided, as needed; and
8. A description of sanitation facilities provided that will serve the
number of people who will be attending the events;
c. Maximum of three events per calendar year;
d. The Board of Adjustment shall designate the maximum number of persons
allowed per function based on the recommendation of the building official or
fire department on a case by case basis;
e. Each function may only occur during hours specifically prescribed by the
Board, but in no case shall any event last past midnight, with all take -down for
the event to be completed by 2 AM;
f. Parking shall be in compliance with Kennedale City Code Section 17 -424.
Parking in a yard is prohibited except on paved surfaces as described in sub-
section (g) and approved by the Board of Adjustment. The number of paved
parking spaces required shall be set by the Board of Adjustment, with a
minimum of one paved space required per 10,000 square feet of site area of
the property for which the special exception is to be granted. Notwithstanding
the minimum requirement for number of parking spaces, the Board of
Adjustment may set a requirement for more or fewer parking spaces based on
past performance of the applicant and/or the venue plan;
g. Notwithstanding the parking requirements under sub - section (f) and
Kennedale City Code Section 17 -424, paving materials shall be adequate to
prevent wear and tear on any yards in which parking will occur and to prevent
tracking mud, dirt, or other materials onto public streets but shall also be
practical and unobtrusive in a residential zoning district. Asphalt and concrete
are prohibited paving materials for parking provided in a front or side yard but
may be used for parking in a rear yard if located behind the primary structure.
Permitted paving materials include, but are not limited to: pervious reinforced
concrete covered with grass, such as Grasscrete® or Turfstone; pervious
pavement covered or interspersed with grass, including plastic grid pavers,
such as or Grasspave crushed rock or flex base, if screened so that the
parking area appears vegetated from the public street and adjoining properties;
grass stabilizers such as Turfguard; and brick or stone pavers interspersed
with grass. Proposed paving materials are subject to review and approval of
the Board of Adjustment as part of the application for a special exception;
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h. Applicants for a special function permit shall send two (2) notices to each
adjacent property owner for each special function. The first notice shall be
sent within three (3) days of submitting the application to the City. The second
notice shall be sent within three (3) days of receiving the permit from the City
but no fewer than ten (10) days before the special function is to be held,
provided the permit is issued at least ten days before the special function.
Such notice shall state the date, time, and location of the permitted special
function and may be given by depositing the same properly addressed and
postage paid in the United States Post Office;
i. Screening required for incompatible zoning districts, as described in Section
17- 425(a) of the Kennedale City Code, shall be provided to protect the
neighbors from adverse effects of the special function regardless of the zoning
district classification of adjoining properties;
j. Light levels from the special function or from the facilities or equipment used
for the special function shall not exceed 2 footcandles (fc) at the property line;
k. The special function shall not create noise levels that are in violation of City
noise regulations. No single event maximum sound disturbance shall exceed
70db, measured from the property line. In addition, the owner of any property
on which more than four special events per calendar year is permitted to be
held shall be required to submit a sound mitigation plan under Section 15 -158
of the Kennedale City Code, as approved by City staff, as part of the special
exception application;
1. There must be at least 14 days between special functions;
m. If alcohol is to be served at a special function, the property owner shall submit
documentation that appropriate permissions from the Texas Alcoholic
Beverage Commission have been received. If the documentation is not
required at the time the venue plan is approved by the Board of Adjustment,
the documentation shall be submitted to City staff as part of the application
for a special function permit;
n. Documentation of the 501(c)(3) status of the non - profit hosting the event or
benefiting from the event shall be submitted as part of the application for a
special exception;
o. The Board of Adjustment shall consider the density and kind of development
surrounding the property as part of its decision for any terms or conditions
that may be applied to a special exception granted for a special function;
p. Such other reasonable terms and conditions as maybe prescribed by the Board
of Adjustment to assure that the special function will not unreasonably impact
the use and enjoyment of adjoining properties.
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The Board shall have the authority to revoke the special exception upon a
determination that the special functions are being conducted in a manner that
adversely impacts the use and enjoyment of adjoining properties.
SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of any ordinances governing zoning that have accrued at the time of
the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale.
SECTION 8.
This Ordinance shall be in full force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on this `�' day of , 2015.
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Attest:
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CITY SECRETARY
Effective Date:
Approved As To Form And Legality:
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CITY ATTORNEY
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