O563ORDINANCE NO. 563
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING
SECTION 17-421 "SCHEDULE OF USES AND OFF - STREET PARKING
REQUIREMENTS" AND SECTION 17 -431 "DEFINITIONS" OF
ARTICLE VI "ZONING" OF CHAPTER 17 "PLANNING AND LAND
DEVELOPMENT" OF THE KENNEDALE CITY CODE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare the City
Council desires to adopt the proposed amendment to its city code in order to
implement the portions of the comprehensive land use plan pertaining to the Light
Industrial character zone; 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 Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on December 18, 2014, and the City Council of the City of Kennedale,
Texas held a public hearing on January 19, 2015, with respect to the amendments
described herein; and
Whereas, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing
with notice, publication, and procedural requirements for the approval of amending the
Schedule of Uses under Section 17 -421 of the Kennedale City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
Page 1 of 4
SECTION 1.
The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby
amended by amending Section 17 -421 "Schedule of uses and off - street parking
requirements" as shown on Exhibit A, attached to this ordinance.
SECTION 2.
The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby
amended by amending Section 17 -431 "Definitions" to add the following definitions.
Cold storage plant means a facility, area, or apparatus where refrigerated or frozen
materials, such as food, furs, or other products, are processed, sold, packaged, or
kept in protective storage.
Electroplating means the process of applying a metal coating onto an object, through
use of an electrochemical process. An electroplating operation may be a captive
shop, which is part of a larger plant or operation that electroplates products within
the same operation, or may be a job shop, which does electroplating work on
products produced by other companies, rather than on its own products.
Light fabrication means the variety of industrial activities involving the manufacture
and assembly of items when such activities employ substantially noiseless and
inoffensive power sources, use hand labor or quiet machinery and processes, and
are free from neighborhood disturbing agents, such as odors, gas, fumes, smoke,
cinders, flashing or excessively bright lights, excessive refuse matter,
electromagnetic radiation, heat, or vibration.
Machine shop means an establishment, including tool and die shops, that turns,
shapes, planes, mills, or otherwise reduces or finishes metal by machine - operated
tools.
Metal fabrication means a facility that forms, welds, and assembles metal pieces in
order to manufacture, service, or repair sheet metal products, including for the
purposes of creating art, but does not conduct metal finishing as that term is defined
by the EPA in 40 CFR, Part 433, and where welding may be an incidental activity but
is not the primary activity conducted at the facility.
Mining, extraction operation means an establishment that extracts, removes, or
stockpiles naturally occurring earth materials, including soil, sand, gravel, coal, or
other materials found in the earth, and also including the excavation of materials for
ponds or lakes. Such activities incidental to an approved plat or excavation permit,
incidental to construction with a building permit, or for governmental or utility
construction projects such as streets, alleys, drainage, gas, electrical, water, and
telephone facilities and similar projects, or the extraction, removal, or stockpiling of
earth materials incidental to construction of landscaping, retaining walls, fences, and
similar activities consistent with the land use allowed at the site of removal, or gas
Page 2 of 4
drilling and production are not considered mining or extraction operations under this
definition.
Packaging operation means an establishment encompassing the activities involved
in combining a product with its packaging on a packaging line.
Vehicle conversion facility means an establishment that, before the retail sale of a
motor vehicle: (a) assembles, installs, or affixes a body, cab, or special equipment to
a chassis; or (b) substantially adds to, subtracts from, or modifies a previously
assembled or manufactured motor vehicle other than a motor home, ambulance, or
fire - fighting vehicle.
Welding shop means an establishment whose primary function is to perform the
joining together of metal pieces or parts through riveting, welding, flame- cutting, or
other fire or spark - producing operation, otherwise known as "hot work." A welding
operation may include related operations such as joining, cutting, and soldering. A
welding shop may be a captive shop, which is part of a larger plant or operation that
welds products within the same operation, or may be a job shop, which conducts
welding on products produced by other companies, rather than on its own products.
SECTION 3.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase 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 sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
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
Page 3 of 4
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 JANUARY 19, 2015.
I OTA •K -0
IGANaIzN9
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 4 of 4
=vi
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 4 of 4
Exhibit "A"
Proposed changes to the Schedule of Uses are marked as follows.
St a thFeugh means the use will no longer be permitted with the zoning district
indicated.
Underline means the Schedule of Uses has been amended to change the
permitted status of the land use. For example, the use may have been allowed
by right but will now require a special exception, or it may not have been
permitted before but is permitted now.
Uses with no changes are marked with a gray background..
Page 1
Sec. 17 -421. - Schedule of uses and off - street parking requirements.
(a) Schedule of uses and off - street parking established. Land and buildings in each of the following
classified districts may be used for any of the following listed uses but no land shall hereinafter be
used and no building or structure shall hereinafter be occupied, used, erected, altered, removed,
placed, demolished, or converted which is arranged or designed to be used for other than those
uses specified for the district in which it is located as set forth by the following schedule of uses:
X I Designates use permitted in district
Designates use prohibited in district
Use permitted with special exception
CUP I Designates use permitted with conditional use permit
Page 2
Note: Gross floor area is abbreviated as g.f.a. Also, any numbers in parenthesis represents a
footnote and all footnotes are found at the end of this schedule of uses.
Page 3
Micro- winery, with vineyard
X
1/300 G.F.A. of
area open to
public, plus
1/2,000 sq. ft.
of site area not
open to public;
1/2,000 sq. ft.
of site area if
not open to
public
Orchard
X
X
X
X
X
X IX
I
X
X
X
X
1 /Employee
Produce stand
S
X
X
X
X 11/200
G.F.A.
;Rodeo ground, arena
S .
S
Specified by
(public)
,Special
Exception
Stable, private
I X
I s
I s -
I s
Is
S
(S
S
Is
S
S
None
Stable, public
X
I
S
S
11/2 Stalls
ivineyard
X
1/300 G.F.A.. of
area open to
public, plus
1/2,000 sq. ft.
of site area not
open to public;
1/2,000 sq. ft.
of site area if
not open to
i
public
Vinery, with vineyard
X
,
1/300 G.F.A. or
see subsection
17- 416(e),
whichever is
greater
Page 4
Utility /Solid Waste Uses:
Railroad freight terminal
Railroad yard
x 1 /Employee
X I 1 /Employee
Page 5
Page 6
Commercial Uses:
Page 7
Bank or financial institution
Bicycle sales and repair
1/300 G.F.A.
1/300 G.F.A.
Page 8
Page 9
;Convenience stores
X
1 1/400
G.F.A.
Dental clinic or office
X
X
,1/200
G.F.A.
`Department store
X
X
X
1/200 G.F.A.-
Electrical sales & service
S
X
X
X
1/400 G.F.A.'
Electronics store (retail)
X
X
X
1/200 G.F.A.
Employment agency
X
X
1/200 G.F.A.
Farm implement sales
X
X
1/400 G.F.A
.Feed store
X
X
1 1/400 G.F.A.
II
Feed store with animal sales
S
S
1/400 G.F.A.
Firewood sales
S
X
X
1/1000 Site
I
area
' Florist shop
t
X
X
X
1/300 G.F.A.
i______nT11
Flea market (inside)
I
IS
I S
1/200 G.F.A.
Flea (market (outside)
S
S
1/1000 Site
area
`Fraternity /sorority lodge
X
X
1/200 G.F.A.
j Furrier
S
S
S
1/400 G.F.A.
Furniture store (retail)
X
X
X
1/400 G.F.A.
Game hall
S
]XX
11/100 G.F.A.
Gift or novelty shopI
(CUP
X
X
1/200 G.F.A.
.Golf course
X
Is
Is
I s
I s
S
S
S
X
X
2 /Green
Page 10
Page 11
Page 12
Office supply store
X
X
X
1/200 G.F.A.
=Optical clinic or office
X
X
1J200 G.F.A.-
I_
`Optical dispensary store
X
X
X
1/200 G.F.A.
Paint sales store (retail)
X
X
X
X
1/200 G.F.A.
Taintball sports, survival
S
X
X
1/500 Site area
games
Parking lot (commercial, for
S
S
S
X
'fee)
i
Pawnshop
S
X
1/200 G.F.A.
Pet grooming shop
f
S
IX
IX
1/200 G.F.A.
f
Pet shop
X
X
X
1/200 G.F.A.
I
Pharmacy or drug store
X
X
X
X
1/200 G.F.A.
.Photography studio
CUP
X
X
1/200 G.F.A.
:Picture framing shop
." - TtTFFI
X
X Ix
11/200 G.F.A.
Plant nursery
S
IX
X
1/400 G.F.A.
Plumbing sales and service
i
X
X
Ix 11/400
G.F.A.
Pool or billiard hall
S
IX
S
1/100 G.F.A.
Print shop
S
X
X
X
1/400 G,F.A.
Private club (serving
S
X
X
1/100 G.F.A.'
alcohol)
Professional offices
X
I X
I x 1 1/300
G.F.A.!
Page 13
[Racquetball court
X
X
X
2 /Court
Real estate or leasing office
(3)
(3)
(3)
(3)
(3)
(3 1
(3)
(3)
X
X I X
1/300 G.F.A.
Recording studio
X
X
X
1/300 G.F.A.
;Recreational vehicle sales
i
X
X
Recreational vehicle storage
I_
r
X I
X
1/400 G.F.A.
--
,Rental store
)
X
, I X
X
1/400 G.F.A.
Restaurant or cafe (inside)
X
X
X
X
1/3 Seats
Restaurant (drive-in)
X
X
X
X
1/100 G.F.A.
Restaurant (kiosk)
X
X
X
X
1/100 G.F.A.
?Retail sales, alcohol
X
X
X
1/200 G.F.A.
`Secondhand store
X
X
x
1/200 G.F.A.
,Service station
i
X
�
X
—
X
—
�
4 Minimum
I
T . Sexuallyoriented business
X
X
1/100 G.F.A.
'Shoe or boot store
X
X
X
1/200 G.F.A.
,Sign shop
X
X
I X
1 1/400 G.F.A.
.Skating rink
X
X jx
1/400 G.F.A
,Snow cone stand
S
X
I X
2 Minimum
Sporting goods store
X
X
X
1/200 G.F.A.
'Tack store
X
I X
X
1 /400 G.F.A.
Tailor or seamstress shop
X
X
1/300 G.F.A.
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
S S b +i„
e)
� qPP r
c h,; P +
1:7 6 (e)
1:7 n
Meat r u lt Fy O. fist, - 31 See sulaseetien
9 g 17- 436(e)
Metal fabrication S See subsection
17- 416(e)
Metal plating S See subsection
17- 416(e)
Metal stamping and S See subsection
extrusion 17- 416(e)
M extFaetien 17 4 16(e)
S ees b see +i on
epeFatien
Page 20
Page 21
Page 22
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 (1) year or until the development is sold out, whichever is longer.
(4) A facility offering retail sales and /or services, whether occupied by one (1) or multiple tenants, that is
comprised of more than fifty thousand (50,000) square feet of floor area, which includes gross floor
area, outdoor storage areas, and any outside area that provides associated services to the public,
including, without limitation, outdoor merchandise display. The floor area does not include outdoor
motor vehicle parking or loading areas. In addition to other parking regulations that apply, parking for a
large retail facility is permitted only as an accessory use, and is allowed only when immediately adjacent
to a large retail facility that is located within the corporate limits of the city.
(5) A captive shop shall not require a special exception if (a) the shop does not take up more than twenty -
five (25) percent of the gross floor area of the establishment and (b) the business establishment is not
located adjacent to a property zoned for residential use or adjacent to a residential use that existed
prior to the establishment of the business at that location.
(6) A grainery shall be permitted by right in an "I" Industrial zoning district if: (1) the operations are entirely
enclosed in a structure of 5.000 square feet or less, and (2) the facility and operations no noise, odors, dust,
or pollutants are emitted. In addition, no tractor - trailers or other such oversize vehicles are permitted on site.
Page 23