O605ORDINANCE NO. 605
AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE TO
REGULATE LAND USE WITHIN THE CITY OF KENNEDALE, TEXAS;
ESTABLISHING ZONING DISTRICTS TO REGULATE AND RESTRICT
THE USE OF PROPERTY FOR RESIDENTIAL, COMMERCIAL,
INDUSTRIAL AND OTHER PURPOSES; REGULATING PARKING,
LANDSCAPING, SCREENING, LIGHTING, SIGNS, BUILDING DESIGN
AND MATERIALS; PROVIDING FOR THE SUBMISSION OF SITE
PLANS, SUBDIVISION PLATS AND OTHER DEVELOPMENT
APPLICATIONS; PROVIDING REGULATIONS FOR FLOOD DAMAGE
PREVENTION, STORMWATER PROTECTION, EROSION AND
SEDIMENT CONTROL; PROVIDING FOR PROCEDURES FOR
REVIEW, APPROVAL AND ADMINISTRATION OF THESE
REGULATIONS; 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, pursuant to Chapter 212 of the Local Government Code, the City
has adopted regulations governing the subdivision and platting of land within the City
and the provision of services in connection with the development of such land; and
WHEREAS, in order to promote the public health, safety and general welfare
the City Council desires to update and amend the city's regulations related to zoning,
platting and the development and use of land in order to implement the comprehensive
land use plan; and
WHEREAS, the City Council has determined that a Unified Development Code is
the best means of implementing the vision and goals of the comprehensive land use
plan; and
WHEREAS, the City Council heretofore adopted regulations restricting the
location of sexually oriented businesses within the City based upon studies, reports, and
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findings regarding the harmful effects of sexually oriented businesses on surrounding
land uses and has determined that the basis for such regulations are applicable to the
regulations adopted in the Unified Development Code; and
WHEREAS, the City Council heretofore adopted regulations governing fencing,
screening, signs, amusement machine establishments, garage sales, secondary metal
recyclers, mobile homes, manufactured homes, recreational vehicles, natural resources
management, wellhead protection areas, stormwater protection, flood damage
prevention, erosion and sediment control, and other regulations pertaining to the
development and use of land within the City and has determined that such regulations
should be included in a Unified Development Code; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on August 18, 2016, and the City Council of the City of
Kennedale, Texas held a public hearing on September 19, 2016, with respect to the
adoption of the Unified Development Code; and
WHEREAS, the City has complied with all requirements of Chapters 211 and 212
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
the regulations in the Unified Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
The Unified Development Code attached hereto as Exhibit "A" is hereby adopted
for the purpose of governing the development and use of property within the City of
Kennedale. The Unified Development Code shall be cumulative of and in addition to
other regulations in the City Code governing the development and use of property.
SECTION 2.
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. The following chapters, articles, and sections of the
City Code are hereby repealed:
CHAPTER 17 - PLANNING AND LAND DEVELOPMENT
ARTICLE VIII - FENCING AND SCREENING, OF CHAPTER 4 — BUILDINGS AND
BUILDING REGULATIONS
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SECTION 11 -131 - HOURS OF OPERATION, OF ARTICLE V - AMUSEMENT
MACHINE ESTABLISHMENTS, OF CHAPTER 11 — LICENSES, TAXATION AND
MISCELLANEOUS BUSINESS REGULATIONS
SECTIONS 11 -203.1 - HOURS OF OPERATION, 11 -204 — LOCATION, AND 11 -204.1
- NONCONFORMING USES, OF ARTICLE VIII - SEXUALLY ORIENTED
BUSINESSES, OF CHAPTER 11 - LICENSES, TAXATION AND MISCELLANEOUS
BUSINESS REGULATIONS
ARTICLE IX - GARAGE SALES, OF CHAPTER 11 - LICENSES, TAXATION AND
MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 13 - MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL
VEHICLES
ARTICLE VI - NATURAL RESOURCES MANAGEMENT, OF CHAPTER 16 — PARKS,
RECREATION AND CULTURAL ACTIVITIES
DIVISION 3 — WELLHEAD PROTECTION AREAS, OF ARTICLE II — MUNICIPAL
WATER SYSTEM, OF CHAPTER 23 — WATER, SEWERS AND SEWAGE DISPOSAL
ARTICLE VII - STORMWATER PROTECTION, OF CHAPTER 23 — WATER, SEWERS
AND SEWAGE DISPOSAL
SECTION 3.
It is hereby declared to be the intention of the City Council that if the sections,
paragraphs, sentences, clauses, or phrases 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, clauses, 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 4.
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 the
Unified Development Code shall be fined not more than Two Thousand Dollars
($2,000.00) for all violations involving zoning, fire safety or public health and sanitation,
including the dumping of refuse, and shall be fined not more than Five Hundred Dollars
($500.00) for all other violations. Each day that a violation is permitted to exist shall
constitute a separate offense.
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SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the ordinances and code provisions repealed
herein, or any ordinances or code provisions governing the development and use of
land 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.
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.
SECTION 7.
This Ordinance shall be in full force and effect from and after beginning on
October 1, 2016 and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 19 DAY OF SEPTEMBER, 2016.
MAYOR
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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City of Kennedale, Texas
Unified Development Code
cm
NEDA
• I •
EST. 1887
YOU'RE HERE 0 YOUR HOME
City Council Final Draft- September 13, 2016
LSL Planning
A SAFEbuilt. Company
TO: Kennedale Project Steering Committee
FROM: David M. Jirousek, AICP
DATE: March 18, 2016
SUBJECT: Ordinances to Repeal
CHAPTER 4, ARTICLE VIII. - FENCING AND SCREENING
Repeal and include in UDC:
■ Entire.
CHAPTER 17, PLANNING AND LAND DEVELOPMENT
Repeal and include in UDC:
■ Entire.
CHAPTER 11, ARTICLE V. - AMUSEMENT MACHINE ESTABLISHMENTS
Repeal and include in UDC:
■ Sec. 11 -131. - Hours of operation ( include reference to UDC) .
Provide Reference in UDC:
■ CHAPTER 11, ARTICLE V. - AMUSEMENT MACHINE ESTABLISHMENTS ( entire article
reference ) .
CHAPTER 11, ARTICLE VIII. - SEXUALLY ORIENTED BUSINESSES
Repeal and include in UDC:
• Sec. 11- 203.1. - Hours of operation ( include reference to UDC) .
• Sec. 11 -204. - Location ( include reference to UDC) .
• Sec. 11- 204.1. - Nonconforming uses ( include reference to UDC) .
Provide Reference in UDC:
• Sec. 11 -205. - License — Required.
• Sec. 11 -206. - Same — Application.
CHAPTER 11, ARTICLE IX. - GARAGE SALES
Repeal and include in UDC:
15 Ionia, SW, Ste. 450 Grand Rapids, MI 49503 Tel. 616.336.7750 Fax.616.336.8478 www.LSLPlanning.com
Kennedale, Texas
■ Entire.
CHAPTER 11, ARTICLE X. - SECONDARY METAL RECYCLERS
Repeal and include in UDC:
■ N /A.
Provide Reference in UDC:
■ CHAPTER 11, ARTICLE X. - SECONDARY METAL RECYCLERS ( entire article reference) .
CHAPTER 11, ARTICLE XI. - ALCOHOLIC BEVERAGES
Repeal and include in UDC:
■ N /A.
Provide Reference in UDC:
■ Sec. 11 -274. - Proximity to churches, public or private schools, and public hospitals.
CHAPTER 13, MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES
Repeal and include in UDC:
■ Entire.
CHAPTER 16, ARTICLE VI. - NATURAL RESOURCES MANAGEMENT
Repeal and include in UDC:
■ Entire.
CHAPTER 23, ARTICLE IL - MUNICIPAL WATER SYSTEM, DIVISION 3. - WELLHEAD PROTECTION
AREAS
Repeal and include in UDC:
■ Entire.
CHAPTER 23, ARTICLE III. - SEWERS AND SEWAGE DISPOSAL
Repeal and include in UDC:
■ N /A.
Provide Reference in UDC:
• Sec. 23 -73. - Buildings requiring connection to sewer.
• Sec. 23 -74. - When septic tank use allowed; standards.
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Kennedaie, Texas
CHAPTER 23, ARTICLE VII. - STORMWATER PROTECTION
Repeal and include in UDC:
■ Entire.
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