O594ORDINANCE 594
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
SECTION 4 -226 "OUTDOOR/OUTSIDE STORAGE" ARTICLE VIII
"FENCING AND SCREENING" OF CHAPTER 4 "BUILDINGS AND
BUILDING REGULATIONS" OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY REMOVING A MINIMUM
REQUIRED DISTANCE FROM RIGHT -OF -WAY FOR OUTDOOR
STORAGE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City has previously adopted regulations governing fencing and
screening in order to promote safety, protect the character and stability of residential,
commercial, and industrial areas, to conserve the value of land, buildings, and
neighborhoods, and to enhance the aesthetic and visual image of the City; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to adopt the proposed amendments to its fencing and screening
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENN EDALE, TEXAS, THAT:
SECTION 1.
Section 4 -226 of the Kennedale City Code, is hereby amended to read as follows.
Sec. 4 -226. Outside /outdoor storage regulations.
(a) All outside /outdoor storage, when permitted, shall:
(1) Be screened in accordance with Sec. 17 -425 of this code (Screening
requirements), except where regulated by overlay districts; and
(2) Not be located within any required setbacks or within any required
landscaped areas; and
(3) Notblockorrestrictsidewalks o rother pedestrian orrequired handicapped-
accessible paths and access ways for safety; and
(4) Not block or restrict required parking spaces or vehicular flow within parking
lots; and
(5) Not block or restrict fire lanes or fire lane visibility; and
(6) Not block or restrict access to building entrances and exits; and
(7) Not impede vehicular traffic flow on adjacent streets or restrict or block the
line of sight for incoming and outgoing vehicles; and
(8) Not block or restrict required lighting.
(b) Any building or use in existence before the effective date of this article shall be
required to comply with the outside /outdoor storage regulations when the land use or
ownership changes.
(c) The director of development may allow exceptions to subsection (a)(3) of this
section for small lots that otherwise meet the requirements of this section and when
granting an exception will not negatively affect the city's ability to protect the health,
safety, and welfare of the city.
SECTION 2.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations
involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in
addition shall pay all costs and expenses involved in the case. Each day a violation
occurs is a separate offense. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 3.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting fencing and screening, and shall not
repeal any of the provisions of such ordinances except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 4.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code (1991), as amended, or
any other ordinances regarding fencing and screening 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 6.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause publication clause and effective date clause of this Ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue
of the newspaper if the official newspaper is a weekly newspaper as authorized by
Section 3.10 of the City of Kennedale Charter.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED THIS 18 DAY OF APRIL 2016.
` 0111111111 11
`v v `(,ENNE ® ®o
®®
®A ` � :AZ.
an John4on, Mayor
ATTEST:
Leslie Galloway, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson