O582ORDINANCE NO. 582
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 17-420 "OVERLAY DISTRICTS" BY ADDING A
NEIGHBORHOOD CENTER OVERLAY DISTRICT AND AN URBAN
VILLAGE OVERLAY DISTRICT; 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, 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, 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
establish regulations that allow for development in keeping with the character of the
Neighborhood Village and Urban Village character districts described in the
comprehensive land use plan; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on October 15, 2015, and the City Council of the City of Kennedale,
Texas held a public hearing on November 16, 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
Article VI of the Kennedale City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Article VI, "Zoning ", of Chapter 17, "Planning and Land Development ", of the Code of
Ordinances of the City of Kennedale is hereby amended by adding a new section,
Section 17- 420.1, "Neighborhood Center Overlay District" to read as follows:
(a) Location of overlay district. The standards contained in this section, in addition to
any other applicable regulations, shall govern the development of land and
structures in areas identified in the comprehensive land use plan identified as
Neighborhood Village.
(b) Purpose and character. The purpose of the Neighborhood Center overlay district is
to provide a dense and diverse mix of residences and businesses that serve
adjacent and nearby neighborhoods at a neighborhood scale. Neighborhood
Center districts should be very easily accessible by foot from the surrounding
neighborhoods. Intensity of each district should vary based on the surrounding
context, but each district may include a blend of attached and detached buildings,
with shallow or no setbacks and buildings oriented toward the street. The uses and
character should have less intensity than the Urban Village overlay district. Fitting
the character of surrounding neighborhoods, a Neighborhood Center overlay
district should have one- to two -story buildings, although some portion of the
district could include three -story buildings if designed appropriately. Frontages
may include stoops, porches, storefronts, and arcaded walkways.
(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, this ordinance 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 the Kennedale City Code in addition to the
overlay district. Permitted underlying zoning districts in the Neighborhood Center
overlay district are "AG" Agricultural, "R -1" Single Family Residential, "R -2" Single
Family Residential, "R -3" Single Family Residential, "C -0" Retail Commercial, "C -1"
Restricted Commercial, and "C -2" General Commercial.
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(e) Mix of uses required.
(1) Regardless of the underlying base district, a mix of residential and commercial
uses is required for any new development permitted within a Neighborhood
Center overlay district. The mix of uses may within the same building or on the
same lot, or within the same block if the block is developed as one
development. Although a development may include primarily either residential
or commercial, a minimum of fifteen (15) percent of the gross floor area of any
new development shall be used for the secondary use type, as shown in the
table below.
MIXED USE REQUIREMENTS (COMMERCIAL & RESIDENTIAL)
MINIMUM REQUIRED
MAXIMUM PERCENTAGE
TYPE OF USE 2
PERCENTAGE OF LAND
OF PERMITTED LAND
USE PER USE TYPE'
USE PER USE TYPE
Residential — any of the
following or any
combination of the
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85
following residential use
types
Residential uses shall be single family attached / townhome or a combination any
of the following residential use types. If a combination of residential types is
used, the minimum and maximum percentages for the single family attached use
still applies.
Multi- family
0
25
Single family
attached,
15
75
townhome /condo
Single family
0
25
detached
Live /work
0
25
Non - residential
15
85
' It is not required that each permitted residential use type be included in the
development mix.
2 Residential uses may be single family attached, townhome /condo, single family
detached, or multi - family, or any combination thereof. Non - residential uses may be
office, retail, restaurant, services, or any combination thereof, as permitted by this
ordinance. Live /work units are also permitted as a maximum of 25% of the gross floor
area of a development.
(2) For new residential development on lots of record smaller than two (2) acres in
size, a development will be considered mixed use under the following conditions:
a. if the new development is adjacent to an existing commercial development
that complies with this ordinance; and
b. if the new development and existing development have both pedestrian and
vehicular connections that allow access between the residential and the
commercial development without entering a public street; and
c. the existing commercial development and the new residential development
have complementary site designs so that both the residential and commercial
components appear to be part of the same development.
d. Site plans for residential -only development shall be permitted only with
approval from the zoning administrator upon a recommendation from the
director of development and the building official.
(f) Definitions. For purposes of this section, certain terms herein are defined as
follows:
Frontage shall have the meaning established in Section 17 -310 of the Kennedale
City Code.
Frontage street means the street from which a primary building's front setback is
measured. This is usually also the street on which a building is addressed. A
frontage street may be a primary or secondary street.
Live /work or Live /work unit means a use that provides space for a commercial
use on the ground floor and provides residences on the upper floor(s) in the
same structure, or to the side or in back of the office /retail component, provided
that the residential and non - residential spaces are attached and have internal
access. The same tenant shall occupy both the non - residential and residential
space in a live /work structure; no portion of the live /work unit may be rented or
sold separately. Live /work units are designed for multiple uses and should be
designed to include adequate soundproofing and safety measures between
residential and non - residential uses. The primary use of a live /work unit is non-
residential, and live /work units shall not be designed or built with the residential
use as the primary use. Residential use shall be prohibited on the ground floor,
and residential use is prohibited when the non - residential use is not occupied.
Outside storage is prohibited for live /work units except as otherwise permitted by
city code for residential uses.
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Primary building shall have the meaning established in Section 17 -310 of the
Kennedale City Code.
Primary entrance means the main point of access into a building. If the main
point of access for employees is different than the main point of access for
visitors, the primary entrance shall be the main point of access for patrons or
other pedestrians into a building.
Primary street means a street and its frontage designed to higher standards for
pedestrian- oriented design and access, ensuring that the relationship between
buildings, the pedestrian realm, and the street enforces the desired character for
the district. These streets shall have few, if any, gaps in the "street wall' and limit
the frontage of off - street parking and service functions. For purposes of this
section, Kennedale Sublett Rd, Little School Rd, New Hope Rd, and Dick Price
Rd are considered primary streets. These streets are typically located on the
perimeter of a Neighborhood Village; new streets on the interior of a
Neighborhood Village may also be designated as primary streets. The streets
identified here as primary streets can instead be classified as secondary streets
under the following conditions.
a. No new development under this code, which would create a street wall
along a primary perimeter street, has already occurred or been permitted; and
b. Streets interior to a development will be built and classified as primary
streets in terms of this code; and
c. New primary structures built on property having access to the new interior
primary street will be oriented to the new street and will be subject to the
regulations for primary structures along primary streets.
Screening wall shall be defined as a solid fence or wall as described under
Screening (device) under Section 17 -431, "Definitions," of Kennedale city code.
Maimum3 it
in height
Illustration of a screening wall for a parking lot.
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Screening wall break means a gap provided in a screening wall to allow passage
of pedestrians, bicyclists, and other non - vehicle traffic.
Break in screening wall
for pedestrian path
Illustration of break in screening wall.
(g) Building placement and height regulations.
Setbacks for the Neighborhood Center overlay district shall be as set forth in the
following table. Setbacks shall conform to a "build -to" zone established through
minimum and maximum setbacks. The "build -to zone" shall be the area from the
"build -to line" (the minimum setback line) and the maximum setback. At least eighty
(80) percent of the front facade of a building shall be located within the front build -to
zone.
Conforming residential uses in existence or permitted for construction on or before
the date this ordinance is adopted shall be considered conforming in terms of
setbacks after this ordinance is adopted as long as the structure remains in use as a
residence and as the primary use on the property.
Front (in
feet)
Side (in
feet)
Rear (in feet)
Minimum
Maximum
Minimum
Maximum
Minimum
Maximum
Per
Residential
10
25
10
15
underlying
base
n/a
district
20, or as
specified
Per
Residential
20
35
by Public
n/a
underlying
n/a
corner lot
Works
base
design
district
manual
Non - residential
10
25 3
8 1
n/a 1
10 1, 2
202
* A height of 3 stories (50 feet) may be permitted
As
30, unless
however, that no 3 -story building may be built
adjacent to a lot with a residential structure existing
prior to the date this code is adopted.
specified
otherwise
Non-
residential
10
35 3
by Public
specified
by Public
10 2
20 2
corner lot
Works
design
Works
manual' 2
design
manual 2
Additional requirements:
(a) No structures are permitted within the 100 -year floodplain.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the rear
elevation of the primary structure. Side and rear setbacks shall be the same as for primary
structures.
(c) When a new building is intended to house a mix of residential and commercial uses, the
setbacks shall follow the requirements for the non - residential use.
A thirty -five (35) foot minimum side and rear setback is required from adjacent properties
with existing residential use not located within the Neighborhood Center overlay district. The
setback is required on any property line abutting an existing residential use not located
within the overlay district, where the use was in existence prior to adoption of this district.
2 Additional setbacks may be required to accommodate fire lanes, easements, or other
requirements. The minimum and maximum setback requirements shall not supersede other
safety or public health requirements of the Kennedale City Code that may require larger
side or rear setbacks.
3 The zoning administrator is authorized to permit an additional five (5) feet, as needed and
if requested in writing by the developer, in order to accommodate outdoor seating or dining
areas.
Building Height
Minimum height
Maximum height
As specified in building code for 1-
2* (stories)
35 (feet)
story buildings
* A height of 3 stories (50 feet) may be permitted
through a conditional use permit, provided,
however, that no 3 -story building may be built
adjacent to a lot with a residential structure existing
prior to the date this code is adopted.
(h) Lot size and lot coverage.
Lot Size
Maximum Lot Coverage
Minimum
Maximum
Residential
5,000
15,000
Non - residential
10,000
35,000
Maximum Lot Coverage
For lots less than 8,000 square feet: no maximum except
the amount required to meet landscaping, parking, and
Residential
other site requirements
Maximum 80% lot coverage for lots between 8,000 and
15,000 square feet
Non - residential
No maximum except the amount required to meet
landscaping, parking, and other site requirements
(i) Parking regulations.
(1) All off - street parking created after the date this ordinance is adopted shall be
located behind the main structure or to the side of the main structure. No off-
street parking shall be permitted in front of the primary structure unless
located within the public right -of -way (on- street parking). Parking located in
the right -of -way shall not be permitted when it obstructs the flow of traffic on
the street or creates a traffic hazard or is otherwise prohibited by city
regulations. Parking in the right -of -way shall not count toward the required
minimum off - street parking amount unless approved by the City as part of a
site plan.
(2) Parking to the side of a primary structure.
a. Non - residential uses. If off - street parking is constructed to the side of the
primary structure, no more than forty -five (45) feet of the lot frontage (lot
width) shall be used for off - street parking for non - residential uses, or the
minimum width required for one row of standard parking (as required by
the Public Works Design Manual) and the minimum width fire lane /drive
aisle to meet fire code, whichever is greater. No part of the side parking
area shall be within the required front setback.
i. The Zoning Administrator is authorized to permit up to an additional ten
(10) feet of the lot frontage to be used for off - street parking when
requested, in writing, to permit construction of parking for irregular-
E3
shaped parcels where the shape of the parcel prohibits the
construction of sufficient parking behind the main structure to meet the
minimum parking requirements. However, the Zoning Administrator
shall not permit additional lot width to be used for parking if the addition
would result in more than fifty (50) percent of the lot width to be used
for parking.
ii. For parking located entirely behind the primary structure, there is no
limit on the amount of lot width that may be used for parking.
L - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - -
Alley or secondary street
I �
Parking permitted behind the primary structure
(a) 45 ft maximum allowed width for parking row and aisle
(b) Side parking shall be set back at least 5 ft behind front facade of the primary structure
(c) Side parking is not permitted within the minimum front setback (between the build -to
line and the right -of -way)
b. Residential uses. Off - street parking requirements shall be in accordance
with the parking schedule found in section 17 -421 and 17 -424 hereof
where not otherwise controlled by this section.
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I
c
a 1
Primary
structure
a
�
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I
i
I
'
(a)
I
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1
'
(b)
Required front setback
c)
(a) 45 ft maximum allowed width for parking row and aisle
(b) Side parking shall be set back at least 5 ft behind front facade of the primary structure
(c) Side parking is not permitted within the minimum front setback (between the build -to
line and the right -of -way)
b. Residential uses. Off - street parking requirements shall be in accordance
with the parking schedule found in section 17 -421 and 17 -424 hereof
where not otherwise controlled by this section.
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i. Parking to the side of the primary structure is permitted for multi - family
residential uses only. If off - street parking is constructed to the side of
the primary structure, no more than forty (40 %) of the frontage of the
lot shall be used for off - street parking.
ii. For single family (attached and detached) and townhome or condo
uses, parking spaces for at least two (2) motor vehicles shall be
provided in an enclosed garage for any dwelling constructed after the
date of adoption of this section.
iii. A front entry garage is prohibited unless the vehicle entryway is
screened from view from the front public right -of -way by the dwelling or
other structure or is located at least eight (80) feet from the front
property line and located entirely behind the primary structure. For the
purposes of this section, a porte - cochere shall constitute sufficient
screening of a front entry garage provided the vehicle entryway of the
garage is located no less than eighty (80) feet from the front property
line.
iv. Regardless of the orientation of the garage required by this section,
any gate or door to a porte- cochere must be of wrought iron
construction and must not screen more than twenty -five (25) percent of
its entryway.
v. A J -swing garage or side -entry garage is not permitted unless located
entirely behind the rear elevation of the primary structure.
(3) Number of parking spaces.
a. Minimum. For each permissible use in a Neighborhood Center overlay
district, all off - street parking shall be regulated in accordance with the
table below.
Use Type
Minimum Number of Spaces Required
Non - residential
Retail or medical / dental office
1 per 250 square feet of gross building area
Restaurant
1 space per 125 square feet of gross building area
Office (except medical or dental)
1 per 300 square feet of gross building area
Residential
10
Single family (attached or detached,
2 off - street spaces per unit OR 1 off - street space and
townhome /condo)
1 on- street space per unit (on- street parking must be
provided within 100 feet of the primary structure)
Multi family
1.5 per unit
1.25 per unit of residential and
Live /work
1 per 250 square feet of non - residential building area
(gross)
For each single - family (attached or detached) or live -work structure, an enclosed garage behind
the primary structure shall be provided to accommodate at least the minimum required off - street
parking spaces. Off - street parking for multi - family uses may be a mix of covered and uncovered
parking, but all such parking shall be located behind the residential structures and screened
according to the requirements of this code for parking and auto - oriented uses.
b. Parking provided above the minimum requirements. All parking provided
in excess of the minimum required by city code shall be located behind the
primary structure.
c. Lot area for off - street parking. The area used for off - street parking may not
exceed fifty (50) percent of the total lot area. Travel lanes serving the
parking lot will count as part of the lot area used for parking spaces; travel
lanes functioning primarily as drive lanes to reach the rear of the lot rather
than as parking lanes (such as drive lanes along parking to the side of the
structure), however, will not count toward the lot area used for parking
spaces.
(4) Where off - street parking areas for non - residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off - street parking areas shall be screened in
accordance with Sec. 17 -425, except that breaks in the screening structure
shall be provided, as needed, to accommodate pedestrian and cyclist
connections across properties (if such connections are provided). Screening
shall be maintained in good condition at all times. A break in the screening
wall wide enough to accommodate both pedestrians and cyclists will be
permitted but shall be restricted from automobile access.
(5) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users /parties who intend to share
parking. The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant
11
County Clerk. A copy of the filing document from the County Clerk shall be
submitted to the City before a certificate of occupancy will be issued to any
use requesting shared parking. A reduction of up to twenty percent (20 %) of
the required parking may be permitted. Parking may be shared by different
uses on a shared or adjacent site, but the parking facility must be located
within six hundred (600) feet of the primary entrance to the primary structure
for each use. The Administrator is not required to approve a reduction in the
required number of parking spaces.
(6) Bicycle parking. Bicycle parking shall be provided for every non - residential
use.
a. Parking amount. Bicycle parking shall be provided at a minimum amount
of five (5) percent of the number of spaces provided for car parking. If
fewer than one (1) space would be provided under this percentage, a
minimum of one (1) bicycle parking space is required.
b. Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle
with at least two points of contact with a 6 -foot cable and lock. The
stationary object shall be either a freestanding bicycle rack or a wall -
mounted bracket. Freestanding bicycle racks shall be inverted "U," post
and ring, or some other form of bicycle rack providing at least two points of
contact. Grid /fence -type racks and wave /ribbon -type bicycle racks are
prohibited. Objects for securing bicycles must be dedicated for that
purpose and may not be primarily for any other purpose (e.g., signage,
traffic safety).
c. Location of bicycle parking. The bicycle rack shall be located within 60 feet
of the main pedestrian entrance of the building it serves and may be
located between the street curb and the building (within the sidewalk area),
subject to the approval of the Director of Development. Each bicycle
parking area shall be separated from motor vehicle parking and
maneuvering areas by a barrier, post, or bollard or by at least five (5) feet
of open space.
d. Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking
facility must be located within a hundred (100) feet of the primary entry for
the primary structure for each use.
(j) Blank wall limitation.
(1) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non - residential).
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(2) For purposes of this district, "blank wall' means any building wall that is a
portion of a building wall or facade without a window or door or similar
architectural feature and is over four (4) feet in height from ground level and
longer than forty (40) feet, as measured horizontally, without having a window,
door, building modulation, or other similar architectural feature meant to
lessen the apparent bulk or massing of a structure.
(k) Glazing requirements.
(1) For any primary structure, a minimum of twenty percent (20 %) and a
maximum of sixty percent (60 %) of the primary fagade shall have glazing. At
least one other fagade shall have a minimum of ten percent (10 %) glazing on
all floors.
(2) For non - residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(1) Building orientation and disposition. Each primary structure shall have its primary
entrance oriented to the front of the lot (toward the street right -of -way) on which it
is located. Additional entry points may be provided on side or rear fagades, but
primary entries shall be oriented to the front of the lot. For corner lots, the primary
entrance may be oriented toward the street intersection (corner).
(1) Drive - through lanes or other auto - oriented site elements, where permitted
under Section 17 -421 of the Kennedale City Code, shall not be located with
frontage along any primary street. Auto - oriented site elements shall be
hidden behind a three (3) high street screen along all other frontages (see
illustration below). The street screen shall be made up of (i) a living screen or
(ii) a combination living and primary building material screen (see Section 17-
425 of the Kennedale City Code and sub - section (n) of this ordinance for
details).
(2) Access to drive - throughs from a primary street. Drive - throughs accessed from
primary streets is prohibited in the Neighborhood Center overlay district. If
access to a secondary street is not available at the time a lot of record is
developed, then a drive - through may be accessed from a primary street on a
temporary basis until one of the following is made available:
a. access to a secondary street by means of a cross - access easement
across the rear or side of the property and an adjacent property with
access to a secondary street; or
b. a rear shared driveway that provides access to a secondary street; or
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c. access to a secondary street by means of a rear access alley connecting
the property to an adjacent property or properties with access to a
secondary street.
Site design must allow for a transition to rear access for drive - throughs,
including but not limited to dedication of cross - access easements prior to
development.
(3) No more than 70% of a lot's frontage along a non - primary street may be
dedicated to drive - through lanes, canopies, service bays, and other auto -
related site elements. There shall be no such limitation along alleys and
internal block frontages.
(4) All off - street loading, unloading, and trash pick -up areas shall be located
internal to the site, along alleys, or along non - primary streets only. If a site
has no frontage on a non - primary street or alley access, off - street loading,
unloading, and trash pick -up areas may be permitted along the side of a
building or along a primary street.
(5) All off - street loading, unloading, or trash pick -up areas along any street
frontage shall be screened as required by this section. Any use permitted with
a conditional use permit shall be required to be screened as required by this
section.
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Pedestrian
Street Entrance -
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or other
auto - oriented
site element
Lobby, Office or
Storefront I
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- - - -A-- - - - -�
Primary Street
Illustration: Image illustrating the appropriate design of auto - related site
elements (e.g., loading zones, bank drive - throughs)
14
Property Line
Street Screen
Drive Thru Menu Board
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21 V
Drive Thru Lane -
Drive Through
,
Retail /Restaurant
—
------ — - — — - — — -
,
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Vehicular
. Entrance
,
Entrance
Primary Street
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Illustration of the appropriate design of retail /restaurant drive - throughs (Corner Lot)
rruna,y aueet
Illustration of the appropriate design of retail /restaurant drive - throughs (Interior Lot)
15
Drive Through
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Outdoor cefe
RetaiVRestaurant
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leating
emporary - -- t
riveway ,
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rocs access , ,
Drive Thru
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asementisWilt i i
Menu Board
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Cross Access VehiculkHrr4ation
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Pmnerty I ine
Illustration of the appropriate design of retail /restaurant drive - throughs (Interior Lot)
15
(m) Outside storage regulations. All outside storage, when permitted by the regulations
of both the underlying zoning district and the overlay district, shall be regulated in
accordance with section 4 -226 of the City Code and any other applicable codes
and regulations.
(n) Screening regulations.
(1) Screening for single family residential uses. Screening shall be in accordance
with Sec. 17 -425.
(2) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
a. Screening of garbage, refuse, and trash collection /storage areas.
i. Garbage, refuse and trash collection /storage areas shall be screened
by a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall be stored at least one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary
building.
iv. Trash collection /storage areas or dumpsters shall be located behind
the primary structure but shall not be placed within thirty -five (35) feet
of a residential use existing prior to the construction of a building
intended for commercial use.
b. Screening of parking lots.
i. Screening for parking lots shall be at least three (3) feet in height.
ii. If requirements for maintaining a sight triangle do not permit a
minimum of three (3) feet, screening must be the maximum height
allowed by the sight triangle.
iii. Permitted materials for screening shall be masonry, a combination of
masonry and wrought iron, or a combination of masonry and
vegetation.
iv. If vegetation is used, no more than fifty (50) percent of the screening
shall be made of vegetation. Vegetation must be evergreen and
maintained in good condition at all time.
(o) Reserved.
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(p) Sign regulations. The sign regulations set forth in Chapter 17, Article VII, "Signs,"
of this Code shall apply to all uses located in the Neighborhood Center overlay
districts except where otherwise regulated.
(q) Loading dock regulations for new construction. 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 the Kennedale City Code.
(r) Sidewalks. Notwithstanding the requirements of Sec. 17 -243, sidewalks within this
district shall be a minimum of six feet (6) in width. Where sidewalks are located
next to the curb along a parkway or boulevard (as designated in the Future
Transportation Plan), the minimum sidewalk width shall be eight feet (8'). Site
plans must demonstrate how the conflict between sidewalk traffic and drive
approach traffic will be minimized with the least impact to pedestrians.
(s) Landscaping. Landscaping shall be in accordance with Chapter 17, Article VIII
Landscape Standards of the Kennedale City Code except where otherwise
required below.
(1) Requirements for single family residential districts shall apply to single family
residential (attached or detached), except that no part of any required front
yard for single family residential uses shall be paved, drip irrigation is required
for all landscaping, and artificial turf shall be prohibited.
(2) All other uses shall comply with the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code, except the Zoning
Administrator may substitute the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code in lieu of one of the
following - public park, courtyard, or public plaza that have:
a. a combination of at least three of the following amenities: seating, water
feature, landscaping, decorative paving or patterned concrete paving,
sculptures and/ or other public art; and
b. minimum five hundred ( 500) square feet in size or twenty five ( 25)
percent of the total property square feet, whichever is greater, with public
access and visibility from the street.
(3) Street trees.
a. Street trees are required along roadways classified as primary streets.
One (1) street tree is required a minimum of every twenty feet (20') and a
maximum of thirty feet (30'), center to center, on average, but can vary to
accommodate signage, topography, or other site conditions, or if tree
species used need additional spacing. If additional spacing beyond 40' is
17
needed, the spacing shall be requested, in writing, and is subject to
approval by the City.
b. The minimum vertical clearance for tree branches shall be eight feet (8')
above the sidewalk and at least thirteen feet (13') from the top of the curb.
If necessary to preserve safe or convenient passage for pedestrians along
sidewalks, street trees may be planted in curb extensions between on-
street parking bays.
c. No tree shall be planted within twenty feet (20') of an intersection or within
ten feet (10') of a fire hydrant (unless otherwise approved, in writing, by
the fire chief), or within five feet (5) of underground utilities or a driveway
(unless otherwise approved, in writing, by the public works director). 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.
(t) Topography protection.
In addition to any requirements for mass grading in the Kennedale City Code,
applications for a grading permit or request for site grading in a Neighborhood
Center Overlay district shall be subject to the following regulations.
(1) Mass grading operations shall be conducted so as to expose the smallest
practical area of soil.
(2) The proposal shall contain reasonable provisions for the preservation of
natural land and water features, vegetation, drainage and other indigenous
natural features of the site.
(3) The grading shall not create or contribute to flooding, erosion, or increased
turbidity, siltation or other forms of pollution in a watercourse.
(4) The grading shall be undertaken in such a manner as to preserve and
enhance the district's aesthetic character. Vegetative screens or buffer strips
shall be maintained or reestablished in a timely manner with approved
plantings consistent with this Code.
(5) Development shall be initiated or a vegetative screen or buffer established
within twelve months of the date of initiation of mass grading or clearing
activities.
18
(6) Mass grading shall not occur on land greater than ten acres.
(7) Mass grading shall not occur thirty feet beyond the building envelope.
(8) Mass grading activities shall be done in accordance with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to air
and water pollution.
(u) Prohibited uses. Notwithstanding the underlying zoning district, the following uses
are prohibited within this district, except that any use hereby prohibited within this
district that is already in existence as a legal use at the time this district is adopted
shall be considered a legal use as permitted by and in accordance with Sec. 17-
428.
(1) Auto Inspection Station
(2) Auto Paint & Body Shop
(3) Auto Parts Store
(4) Auto Repair Garage
(5) Auto Sales Lot
(6) Boat Sales
(7) Boat Storage
(8) Building materials establishment with outside storage
(9) Cabinet Shop
(10) Car Wash
(11) Contractor Yard
(12) Farm Implement Sales
(13) Golf Course
(14) Gun Shooting Range
(15) Gunsmith Shop
(16) Heavy Equipment Sales
(17) Large Retail Facility
(18) Lumber Yard
(19) Manufactured Homes Sales Lot
(20) Mini - Warehouse
(21) Movie Theater, drive -in
(22) Nightclub or Dance Hall
(23) Paintball Sports, Survival Games
(24) Parking Lot, Commercial (for a fee)
(25) Pawnshop
(26) Private Club
(27) Recreational Vehicle Sales
19
(28) Restaurant, Drive -In
(29) Service Station
(30) Sexually Oriented Business
(31) Taxidermist
(32) Tool & equipment rental
(33) Trailer sales & rental
(34) Truck rental
(35) Truck repair
(36) Truck sales
(37) Truck wash
(38) Vehicular racing facility
(v) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Auto Rental (indoor display only; no outside storage or display and no repairs
permitted; all vehicles for rent must be stored inside an enclosed structure
meeting the standards of the overlay district, the underlying zoning district,
and all other applicable codes and regulations)
(2) Bowling Alley
(3) Plant Nursery
(w) Uses by conditional use permit. For any use permitted by this section and by
Section 17 -421, a drive - through shall be permitted only with a conditional use
permit.
SECTION 2.
Article VI, "Zoning ", of Chapter 17, "Planning and Land Development ", of the
Code of Ordinances of the City of Kennedale is hereby amended by adding a new
section, Section 17- 420.2, "Urban Village Overlay District" to read as follows:
(a) Location of overlay district. The standards contained in this section, in addition to
any other applicable regulations, shall govern the development of land and
structures in areas identified in the comprehensive land use plan identified as
Urban Village.
(b) Purpose and character. The purpose of the Urban Village overlay districts is to act
as gateways into the "core" of Kennedale and to provide high- intensity nodes of
activity with a dense mix of residences and businesses in a walkable environment.
The Urban Village overlay district is similar to the Neighborhood Center overlay
district, yet larger and of a higher intensity. Buildings should be attached, multi-
story structures oriented toward the street with no setback or shallow setbacks.
Similar to the Neighborhood Center districts, frontage types within an Urban Village
overlay district may be stoops, porches, storefronts, and arcaded walkways, but
with building heights typically ranging from three- to five stories. While Urban
Villages should promote pedestrian circulation and access from nearby
neighborhoods and areas, it can be expected that a significant number of visitors
will access the urban village by car. A "park once and walk everywhere" approach
should be taken during the design phase of urban villages to enable convenient
and pleasant walking.
(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 the Kennedale City Code in addition to the
overlay district. Permitted underlying zoning districts in the Urban Village Overlay
district are "AG" Agricultural, "R -1" Single Family Residential, "R -2" Single Family
Residential, "R -3" Single Family Residential, "C -0" Retail Commercial, "C -1"
Restricted Commercial, "C -2" General Commercial.
(e) Mix of uses required.
(1) Regardless of the underlying based district, a mix of residential and
commercial uses is required for any new development permitted within an
Urban Village overlay district. The mix of uses may within the same building
or on the same lot, or within the same block if the block is developed as one
development. Although a development may include primarily either residential
or commercial, a minimum of fifteen (15) percent of the gross floor area of
any new development shall be used for the secondary use type, as shown in
the table below.
21
MIXED USE REQUIREMENTS (COMMERCIAL & RESIDENTIAL)
MINIMUM REQUIRED
MAXIMUM PERCENTAGE
TYPE OF USE 2
PERCENTAGE OF LAND
OF PERMITTED LAND
USE PER USE TYPE'
USE PER USE TYPE
Residential
15
85
Multi- family
0
25
Single family
(attached),
15
85
townhome /condo
Live /work
0
25
Non - residential
15
85
' It is not required that each permitted residential use type be included in the
development mix.
2 Residential uses may be single family attached, townhome /condo, or multi - family, or
any combination thereof. Non - residential uses may be office, retail, restaurant, services,
or any combination thereof, as permitted by this ordinance. Live /work units are also
permitted as a maximum of 25% of the gross floor area of a development.
(3) For new residential development on lots of record smaller than two (2) acres in
size, a development will be considered mixed use under the following conditions:
a. if the new development is adjacent to an existing commercial development
that complies with this ordinance; and
b. if the new development and existing development have both pedestrian and
vehicular connections that allow access between the residential and the
commercial development without entering a public street; and
c. the existing commercial development and the new residential development
have complementary site designs so that both the residential and commercial
components appear to be part of the same development.
d. Site plans for residential -only development shall be permitted only with
approval from the zoning administrator upon a recommendation from the
director of development and the building official.
(f) Definitions. For purposes of this section, certain terms herein are defined as
follows:
22
Frontage shall have the meaning established in Section 17 -310 of the Kennedale
City Code.
Frontage street means the street from which a primary building's front setback is
measured. This is usually also the street on which a building is addressed.
Live/work or Live work unit means a use that provides space for a commercial
use on the ground floor and provides residences on the upper floor(s) in the
same structure, or to the side or in back of the office /retail component, provided
that the residential and non - residential spaces are attached and have internal
access. The same tenant shall occupy both the non - residential and residential
space in a live /work structure; no portion of the live /work unit may be rented or
sold separately. Live /work units are designed for multiple uses and should be
designed to include adequate soundproofing and safety measures between
residential and non - residential uses. The primary use of a live /work unit is non-
residential and live /work units shall not be designed or built with the residential
use as the primary use. Residential use shall be prohibited on the ground floor,
and residential use is prohibited when the non - residential use is not occupied.
Outside storage is prohibited for live /work units except as otherwise permitted by
city code for residential uses.
Primary building shall have the meaning established in Section 17 -310 of the
Kennedale City Code.
Primary entrance means the main point of access for a building. If the main point
of access for employees is different than the main point of access for visitors, the
primary entrance shall be the main point of access for patrons or other
pedestrians into a building.
Primary street means a street designed to higher standards for pedestrian -
oriented building design and access, ensuring that the relationship between
buildings, the pedestrian realm, and the street enforces the desired character for
the district. These streets shall have few, if any, gaps in the "street wall" and limit
the frontage of off - street parking and service functions. For purposes of this
section, Kennedale Sublett Rd, Little School Rd, New Hope Rd, and Dick Price
Rd are considered primary streets. These streets are typically located on the
perimeter of an Urban Village; new streets on the interior of an Urban Village
may also be designated as primary streets. The streets identified here as primary
streets can instead be classified as secondary streets under the following
conditions.
23
a. No new development under this code, which would create a street wall
along a primary perimeter street, has already occurred or been permitted;
and
b. Streets interior to a development will be built and classified as primary street
in terms of this code; and
C. New primary structures built on property having access to the new interior
primary street will be oriented to the new street and will be subject to the
regulations for primary structures along primary streets.
Screening wall shall be defined as a solid fence or wall as described under
Screening (device) under Section 17 -431, "Definitions," of Kennedale city code.
Maximum 1 ft
in height
MMF7�
Illustration of screening wall for a parking lot.
Screening wall break means a gap provided in a screening wall to allow passage
of pedestrians, bicyclists, and other non - vehicle traffic.
Illustration of break in screening wall.
(g) Building placement and height regulations. Setbacks for the Urban Village Overlay
district shall be as set forth in the following table. Setbacks shall conform to a
"build -to" zone established through minimum and maximum setbacks. The "build -to
zone" shall be the area from the "build -to line" (the minimum setback line) and the
24
Break in screening wall
for pedestrian path
maximum setback. At least eighty (80) percent of the front fagade of a building
shall be located within the front build -to zone.
Conforming residential uses in existence or permitted for construction on or before
the date this ordinance is adopted shall be considered conforming in terms of
setbacks after this ordinance is adopted.
25
Front in feet
Side in
feet
Rear
in feet
Minimum
Maximum
Minimum
Maximum
Minimum
Maximum
Residential
10
15
10
15
15
n/a
10, or as
specified
Residential
10
25
by Public
40
15
n/a
corner lot
Works
design
manual
Non - residential
10
15 3
10 1
n/a 1
10 1, 2
202
10, or as
45,
specified
unless
Non-
by Public
otherwise
residential
10
25 3
Works
specified
10 1, 2
20' 2
corner lot
design
manual 1,2
by Public
Works
(whichever
design
is greater )
, manual 2
Additional requirements:
(a) No structures are permitted within the 100 -year floodplain.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the
rear elevation of the primary structure. Side and rear setbacks shall be the same as for
primary structures.
(c) When a new building is intended to house a mix of residential and commercial
uses, the setbacks shall follow the requirements for the non - residential use.
A thirty -five (35) foot minimum side and rear setback is required from adjacent
properties with existing residential use not located within the Urban Village overlay
district. The setback is required on any side abutting an existing residential use not
located within the overlay district, where the use was in existence prior to adoption of
this district.
2 Additional setback may be required to accommodate fire lanes, easements, or other
site requirements. The minimum and maximum setback requirements shall not
supersede other safety or public health requirements of the Kennedale City Code that
may require larger side or rear setbacks.
25
The zoning administrator is authorized to permit an additional five (5) feet, as needed
and if requested in writing, in order to accommodate outdoor seating or dining areas.
Building Height
Minimum height
Maximum height
As specified in building code for 1 -story
3* (stories)
50 (feet)
buildings
Non - residential
* A height of 4 stories (65 feet) may be
40,000
permitted through a conditional use permit,
Non - residential
provided, however, that no 4 -story building
may be built adjacent to a lot with a residential
structure existing prior to the date this code is
adopted.
(h) Lot size and lot coverage.
Lot Size
Minimum
Maximum
Residential
5,000
15,000
Non - residential
5,000
40,000
Maximum Lot Coverage
For lots smaller than 8,000 square feet: no maximum
except the amount required to meet landscaping, parking,
Residential
and other site requirements
Maximum 80% lot coverage for lots between 8,000 and
15,000 square feet
Non - residential
No maximum except the amount required to meet
landscaping, parking, and other site requirements
(i) Parking regulations.
(1) All off - street parking created after the date this ordinance is adopted shall be
located behind the main structure or to the side of the main structure. No off-
37
street parking shall be permitted in front of the primary structure unless
located within the public right -of -way. Parking located in the right -of -way shall
not be permitted when it obstructs the flow of traffic on the street or creates a
traffic hazard or is otherwise prohibited by city regulations. Parking in the
right -of -way shall not count toward the required minimum off - street parking
amount unless approved by the City as part of a site plan
(2) Parking located to the side of a primary structure.
L Non - residential uses. If off - street parking is constructed to the side of the
primary structure, no more than forty -five (45) feet of the lot frontage (lot
width) shall be used for off - street parking for non - residential uses, or the
minimum width required for one row of standard parking (as required by
the Public Works Design Manual) and the minimum width fire lane /drive
aisle to meet fire code, whichever is greater. No part of the side parking
area shall be within the required front setback.
i. The Zoning Administrator is authorized to permit up to an additional ten
(10) feet of the lot frontage to be used for off - street parking when
requested, in writing, to permit construction of parking for irregular -
shaped parcels where the shape of the parcel prohibits the
construction of sufficient parking behind the main structure to meet the
minimum parking requirements. However, the Zoning Administrator
shall not permit additional lot width to be used for parking if the addition
would result in more than fifty (50) percent of the lot width to be used
for parking.
ii. For parking located entirely behind the primary structure, there is no
limit on the amount of lot width that may be used for parking.
27
Alley or secondary street
Parking permitted behind the primary structure
(a) 45 ft maximum allowed width for parking row and aisle
(b) Side parking shall beset back at least 5 ft behind front fayade of the primary structure
(c) Side parking is not permitted within the minimum front setback (between the build -to
line and the right -of -way)
b. Residential uses.
Off - street parking requirements shall be in accordance with the parking
schedule found in section 17 -421 and 17 -424 hereof where not otherwise
controlled by this section.
1. Parking to the side of the primary structure is permitted for multi - family
residential uses only. If off - street parking is constructed to the side of
the primary structure, no more than forty percent (40 %) of the frontage
of the lot shall be used for off - street parking.
L For single family (attached) and townhome or condo uses, parking
spaces for at least two (2) motor vehicles shall be provided in an
28
enclosed garage for any dwelling constructed after the date of adoption
of this section.
iii. A front entry garage is prohibited unless the vehicle entryway is
screened from view from the front public right -of -way by the dwelling or
other structure or is located at least eight (80) feet from the front
property line and located entirely behind the primary structure. For the
purposes of this section, a porte- cochere shall constitute sufficient
screening of a front entry garage provided the vehicle entryway of the
garage is located no less than eighty (80) feet from the front property
line.
iv. Regardless of the orientation of the garage required by this section,
any gate or door to a Porte- cochere must be of wrought iron
construction and must not screen more than twenty -five (25) percent of
its entryway.
V. Regardless of the orientation of the garage, any garage shall be
located behind rear facade of the primary structure.
(3) Number of parking spaces.
a. Minimum. For each permissible use in an Urban Village overlay district, all
off - street parking shall be regulated in accordance with the table below.
Use Type
Minimum Number of Spaces Required
Non - residential
Retail, medical / dental office
1 per 300 square feet of gross building area
1 space per 125 square feet of gross building
Restaurant
area
Office (except medical or dental)
1 per 400 square feet of gross building area
Residential
2 off - street spaces per unit OR 1 off - street space
Single family (attached)
and 1 on- street space per unit (on- street parking
must be provided within 200 feet of the primary
structure)
Multi family
1.5 per unit
1.25 per unit of residential and
Live /work
1 per 300 square feet of non - residential building
area (gross)
W
' For each single - family (attached) or live -work structure, an enclosed garage behind the
primary structure shall be provided to accommodate at least the minimum required off-
street parking spaces. Off - street parking for multi - family uses may be a mix of covered and
uncovered parking, but all such parking shall be located behind the residential structures
and screened according to the requirements of this code for parking and auto - oriented
elements.
b. Parking provided above the minimum requirements. All parking provided
in excess of the minimum required by city code shall be located behind the
primary structure.
c. Lot area for off - street parking. The area used for off - street parking may not
exceed fifty (50) percent of the total lot area. Travel lanes serving the
parking lot will count as part of the lot area used for parking spaces; travel
lanes functioning primarily as drive lanes to reach the rear of the lot rather
than as parking lanes (such as drive lanes along parking to the side of the
structure), however, will not count toward the lot area used for parking
spaces.
(4) Where off - street parking areas for non - residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off - street parking areas shall be screened in
accordance with Sec. 17 -425, except that breaks in the screening structure in
accordance with Section 17- 420.1(4) shall be provided, as needed, to
accommodate pedestrian and cyclist connections across properties (if such
connections are provided). Screening shall be maintained in good condition at
all times.
(5) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users /parties who intend to share
parking. The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant
County Clerk. A copy of the filing document from the County Clerk shall be
submitted to the City before a certificate of occupancy will be issued to any
use requesting shared parking. A reduction of up to twenty percent (20 %) of
the required parking may be permitted. Parking may be shared by different
uses on a shared or adjacent site, but the parking facility must be located
within six hundred (600) feet of the primary structure for each use. The
Administrator is not required to approve a reduction in the required number of
parking spaces.
30
(6) Bicycle parking. Bicycle parking shall be provided for every non - residential
use.
a. Parking amount. Bicycle parking shall be provided at a minimum amount
of five (5) percent of the number of spaces provided for car parking. If
fewer than one (1) space would be provided under this percentage, a
minimum of one (1) bicycle parking space is required.
b. Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle
with at least two points of contact with a 6 -foot cable and lock. The
stationary object shall be either a freestanding bicycle rack or a wall -
mounted bracket. Freestanding bicycle racks shall be inverted "U," post
and ring, or some other form of bicycle rack providing at least two points of
contact. Grid /fence -type racks and wave /ribbon -type bicycle racks are
prohibited. Objects for securing bicycles must be dedicated for that
purpose and may not be primarily for any other purpose (e.g., signage,
traffic safety).
i. Location of bicycle parking. The bicycle rack shall be located within 60
feet of the main entrance of the building it serves, and may be located
between the street curb and the building, subject to the approval of the
Director of Development. Each bicycle parking area shall be separated
from motor vehicle parking and maneuvering areas by a barrier, post,
or bollard or by at least five (5) feet of open space.
ii. Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking
facility must be located within a hundred (100) feet of the primary entry
for the primary structure for each use.
Q) Blank wall limitation.
(1) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non - residential).
(2) For purposes of this district, "blank wall' means any building wall that is a
portion of a building wall or fagade without a window or door or similar
architectural feature and is over four (4) feet in height from ground level and
longer than forty (40) feet, as measured horizontally, without having a window,
door, building modulation, or other similar architectural feature meant to
lessen the apparent bulk or massing of a structure.
31
(k) Glazing requirements.
(1) For any primary structure, a minimum of twenty (20) percent and a maximum
of sixty (60) percent of the primary facade shall have glazing. At least one
other facade shall have a minimum of twenty (20) percent glazing on all floors.
(2) For non - residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(1) Building orientation and disposition. Each primary structure shall have its primary
entrance oriented to the front of the lot (toward the street right -of -way) on which it
is located. Additional entry points may be provided on side or rear facades, but
primary entries shall be oriented to the front of the lot. For corner lots, the primary
entrance may be oriented toward the street intersection (corner).
(1) Where permitted under Section 17 -421 of the Kennedale City Code, drive -
through lanes, auto service bays, and gas station canopies for commercial
uses shall not be located with frontage along any primary street. Drive -
through lanes, auto service bays, and gas station canopies shall be hidden
behind a three (3) foot high street screen along all other frontages (see
illustration below). The street screen shall be made up of (i) a living screen or
(ii) a combination living and primary building material screen (see Section 17-
425 of the Kennedale City Code and sub - section (n) of this ordinance for
details).
(2) Access to drive - throughs from a primary street. Drive - throughs accessed from
primary streets is prohibited in the Urban Village overlay district. If access to a
secondary street is not available at the time a lot of record is developed, then
a drive - through may be accessed from a primary street on a temporary basis
until one of the following is made available:
a. access to a secondary street by means of a cross - access easement
across the rear of the property and an adjacent property with access to a
secondary street; or
b. a rear shared driveway that provides access to a secondary street; or
c. access to a secondary street by means of a rear access alley connecting
the property to an adjacent property or properties with access to a
secondary street.
Site design must allow for a transition to rear access for drive - throughs,
including but not limited to dedication of cross - access easements prior to
development.
32
(3) No more than seventy (70) percent of a lot's frontage along a non - primary
street may be dedicated to drive - through lanes, canopies, service bays, and
other auto - related site elements. There shall be no such limitation along
alleys and internal block frontages.
(4) All off - street loading, unloading, and trash pick -up areas shall be located
internal to the site, along alleys, or along non - primary streets only. If a site
has no frontage on a non - primary street or alley access, off - street loading,
unloading, and trash pick -up areas may be permitted along the side of a
building or along a primary street.
(5) All off - street loading, unloading, or trash pick -up areas along any street
frontage shall be screened as required by this section. Any use permitted with
a conditional use permit shall be required to be screened as required by this
section.
J
---------- ---------------
I
r
J
0
VI
Pedestrian
Street Entrance
Screen
rvice Bays r
Canopies
I
I
Lobby, Office r
Storefront I
0
L
m
O.
0
Street with Type 'A Frontage
Illustration: Image illustrating the appropriate design of auto - related site
elements
(Gas stations, auto - service uses, and bank drive - throughs)
33
Property Line
Street Screen
Drive Thru Menu Board
I
0
I
C:: fl
2
D
1 C^ P �
I
Drive Thru Lane – –
Drive Through
Retail /Restaurant
I
-
------ — - - — - — — - —
Entrance
Primary Street
i
t " Vehicular
Entrance
L
0
d
Illustration of the appropriate design of retail /restaurant drive - throughs (Comer Lot)
Primary Street
Drive Through r
Outd6or cAfe Retail /Restaurant
'eating C
Temporary --- — � �
driveway until o L
cross acces9 Drive Thru ~-
easement is Wit i i Menu Board
0
I � I
P P r
I � I
I 1
�- – } • Cross Access Vehicull;Z CCUiatlon
• – – 4 Easement • – - ! - –'- –
I I (
Property Line
Illustration of the appropriate design of retail /restaurant drive - throughs (Interior Lot)
34
(m) Outside storage regulations. All outside storage, when permitted by the regulations
of both the underlying zoning district and the overlay district, shall be regulated in
accordance with section 4 -226 of the City Code and any other applicable codes
and regulations.
(n) Screening regulations.
(1) Screening for single family residential uses. Screening shall be in accordance
with Sec. 17 -425.
(2) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
a. Screening of garbage, refuse, and trash collection /storage areas.
i. Garbage, refuse and trash collection /storage areas shall be screened
by a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall be stored at least one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary
building.
iv. Trash collection /storage areas or dumpsters shall be located behind
the primary structure but shall not be placed within thirty -five (35) feet
of a residential use existing prior to the construction of a building
intended for commercial use.
b. Screening of parking lots.
i. Screening for parking lots shall be at least three (3) feet in height.
ii. If requirements for maintaining a sight triangle do not permit a
minimum of three (3) feet, screening must be the maximum height
allowed by the sight triangle.
iii. Permitted materials for screening shall be masonry, a combination of
masonry and wrought iron, or a combination of masonry and
vegetation.
iv. If vegetation is used, no more than fifty (50) percent of the screening
shall be made of vegetation. Vegetation must be evergreen and
maintained in good condition at all time.
(o) Reserved.
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(p) Sign regulations. The sign regulations set forth in chapter 17, article VII, "Signs," of
this Code shall apply to all uses located in the Urban Village Overlay districts
except where otherwise regulated.
(q) Loading dock regulations for new construction. 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 the Kennedale City Code.
(r) Sidewalks. Notwithstanding the requirements of Sec. 17 -243, sidewalks within this
district shall be a minimum of six feet (6). Where sidewalks are located next to the
curb along a parkway or boulevard (as shown in the future transportation plan),
minimum sidewalk width shall be eight feet (8'). Site plans must demonstrate how
the conflict between sidewalk traffic and drive approach traffic will be minimized
with the least impact to pedestrians.
(s) Landscaping. Landscaping shall be in accordance with Chapter 17. Article VIII.
Landscape Standards of the Kennedale Code of Ordinances except where
otherwise required below.
(1) Requirements for single family residential districts shall apply to single family
residential (detached), except that no part of any required front yard for single
family residential uses shall be paved, drip irrigation is required for all
landscaping, and artificial turf shall be prohibited.
(2) All other uses shall comply with the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code, except the Zoning
Administrator may substitute the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code in lieu of one of the
following - public park, courtyard, or public plaza that have:
a. a combination of at least three of the following amenities: seating, water
feature, landscaping, decorative paving or patterned concrete paving,
sculptures and/ or other public art; and
b. minimum five hundred ( 500) square feet in size or twenty five ( 25)
percent of the total property square feet, whichever is greater, with public
access and visibility from the street.
(3) Street trees.
a. Street trees are required along roadways classified as primary streets.
One (1) street tree is required a minimum of every twenty feet (20') and a
maximum of thirty feet (30'), center to center, on average, but can vary to
accommodate signage, topography, or other site conditions, or if tree
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species used need additional spacing. If additional spacing beyond forty
feet (40) is needed, the spacing shall be requested, in writing, and is
subject to approval by the City.
b. The minimum vertical clearance for tree branches shall be eight feet (8)
above the sidewalk and at least thirteen feet (13') from the top of the curb.
If necessary to preserve safe or convenient passage for pedestrians along
sidewalks, street trees may be planted in curb extensions between on-
street parking bays.
c. No tree shall be planted within twenty (20) feet of an intersection or within
ten (10) feet of a fire hydrant (unless otherwise approved, in writing, by the
fire chief), or within five (5) feet of underground utilities or a driveway
(unless otherwise approved, in writing, by the public works director). 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.
(t) Topography protection.
In addition to any requirements for mass grading in the Kennedale City Code,
applications for a grading permit in an Urban Village overlay district shall be
subject to the following regulations.
(1) Mass grading operations shall be conducted so as to expose the smallest
practical area of soil.
(2) The proposal shall contain reasonable provisions for the preservation of
natural land and water features, vegetation, drainage and other indigenous
natural features of the site.
(3) The grading shall not create or contribute to flooding, erosion, or increased
turbidity, siltation or other forms of pollution in a watercourse.
(4) The grading shall be undertaken in such a manner as to preserve and
enhance the district's aesthetic character. Vegetative screens or buffer strips
shall be maintained or reestablished in a timely manner with approved
plantings consistent with this Code.
(5) Development shall be initiated or a vegetative screen or buffer established
within twelve months of the date of initiation of mass grading or clearing
activities.
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(6) Mass grading shall not occur on land greater than ten acres.
(7) Mass grading shall not occur thirty feet beyond the building envelope.
(8) Mass grading activities shall be done in accordance with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to air
and water pollution.
(u) Prohibited uses. Notwithstanding the underlying zoning district, the following uses
are prohibited within the Urban Village overlay district, except that any use hereby
prohibited within this district that is already in existence as a legal use at the time
this district is adopted shall be considered a legal use as permitted by and in
accordance with Sec. 17 -428.
(1) Auto Inspection Station
(2) Auto Parts Store
(3) Auto Sales Lot
(4) Boat Sales
(5) Boat Storage
(6) Building materials establishment with outside storage
(7) Cabinet Shop
(8) Car Wash
(9) Contractor Yard
(10) Farm Implement Sales
(11) Golf Course
(12) Gun Shooting Range
(13) Gunsmith Shop
(14) Heavy Equipment Sales
(15) Lumber Yard
(16) Manufactured Homes Sales Lot
(17) Mini - Warehouse
(18) Movie Theater, drive -in
(19) Nightclub or Dance Hall
(20) Paintball Sports, Survival Games
(21) Parking Lot, Commercial (for a fee)
(22) Pawnshop
(23) Private Club
(24) Recreational Vehicle Sales
(25) Service Station
(26) Sexually Oriented Business
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(27) Taxidermist
(28) Tool & equipment rental
(29) Trailer sales & rental
(30) Truck rental
(31) Truck repair
(32) Truck sales
(33) Truck wash
(34) Vehicular racing facility
(u) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Auto Rental
(2) Auto Sales (indoor display only; no outside storage or display and no repairs
permitted; all vehicles for sale, storage, or display must be stored inside an
enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(3) Bowling Alley
(4) Motorcycle Sales (indoor display only; no outside storage or display and no
repairs permitted; all motorcycles for sale, storage, or display must be stored
inside an enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(5) Plant Nursery with outside sales, storage, or display
(v) Uses by conditional use permit. When the following uses are permitted within the
underlying zoning district, they are permitted within this district by conditional use
permit. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Large Retail Facility
(2) Auto Repair
(3) Auto Paint & Body Shop
(4) Restaurant, Drive -In
(5) Any other permitted non - residential use with drive - through.
SECTION 3.
Article VI, "Zoning ", of Chapter 17, "Planning and Land Development ", of the
Code of Ordinances of the City of Kennedale is hereby amended by renaming Section
17 -420, "Overlay Districts" to read as follows:
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Sec. 17 -420. — Business 287 Overlay and Interstate 20 /1-oop 820 Overlay
districts.
SECTION 4.
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 5.
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.
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 7.
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 8.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, Section 1, the penalty clause,
the publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
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SECTION 9.
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 16 DAY OF November 2015.
ATTEST:
P
City Secretary, Leslie Galloway
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
APPROVE:
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