O619ORDINANCE NO. 619
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING THE SCHEDULE
OF USES IN ARTICLE 7, EMPLOYMENT CENTER DISTRICTS, TO
ALLOW HOTEL /MOTEL AS A PERMITTED USE IN THE EC -2
DISTRICT AND THE FOLLOWING USES AS A CONDITIONAL USE IN
THE EC -1 AND EC -2 DISTRICTS: RESTAURANT WITH DRIVE -
THROUGH; WIND ENERGY TURBINE; SOLAR ENERGY EQUIPMENT;
GENERAL OFFICES AND SERVICES, BANK/FINANCIAL SERVICES
WITH DRIVE - THROUGH FACILITY; GENERAL OFFICES AND
SERVICES WITH A DRIVE- THROUGH; VEHICLE REPAIR, MINOR;
AND VEHICLE SALES AND RENTAL: AUTOMOBILES, LIGHT
TRUCKS, BOATS; AMENDING THE SCHEDULE OF USES IN ARTICLE
4, OLD TOWN DISTRICTS, TO ALLOW DWELLING, 3- FAMILY, AND
DWELLING, 4- FAMILY, IN THE OT -2 AND OT-4 DISTRICTS;
REMOVING DWELLING, MULTI - FAMILY AS A PERMITTED USE IN
THE OT -3 AND OT -4 DISTRICTS; ALLOWING GROUP HOUSING,
INDEPENDENT AND ASSISTED LIVING AS A PERMITTED USE IN
THE OT-4 DISTRICT AND AS A SPECIAL EXCEPTION USE IN THE
OT -2 DISTRICT, ALLOWING BAKERY, RETAIL 2,000 SQUARE FEET
OR MORE OF GROSS FLOOR AREA AS A PERMITTED USE IN THE
OT -4 DISTRICT, REMOVING TAVERN AS A PERMITTED USE IN THE
OT -3 AND OT -4 DISTRICTS; ADDING COTTAGE FOOD PRODUCTION
AS A PERMITTED USE IN THE OT -1, OT -2, AND OT -3 DISTRICTS;
AND ALLOWING MANUFACTURING, PROCESSING AND
PACKAGING AND MANUFACTURING, PROCESSING AND
PACKAGING - LIGHT, AND ASSOCIATED RETAIL SALES AS A
SPECIAL EXCEPTION USE IN THE OT -4 DISTRICT; AND ALLOWING
MACHINE SHOP AS A SPECIAL EXCEPTION IN THE OT -2 AND OT-4
DISTRICTS; AMENDING ARTICLE 22, GENERAL PROCEDURES AND
AMENDMENTS, BY ELIMINATING SECTION 22.9.C.2.B.; AMENDING
ARTICLE 26, SUBDIVISION REVIEW, SECTION 26.13,
CONSTRUCTION PLANS AND INSTALLATION OF IMPROVEMENTS;
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, the City Council has adopted a Unified Development Code that
regulates the location and use of buildings, other structures and land for business,
Page 1
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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code as provided in this
ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on December 15, 2016, and the City Council of the City of
Kennedale, Texas held a public hearing on December 19, 2016, 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 22 of the Unified. Development Code, and all other
laws dealing with notice, publication, and procedural requirements for amending the
Unified Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Table 7.2, "Schedule of Uses," of Article 7, "Employment Center Districts," of the
Unified Development Code of the City of Kennedale, Texas, as amended, is amended
to read as shown in Exhibit "A" attached hereto and incorporated herein.
SECTION 2.
Table 4.2, "Schedule of Uses," of Article 4, "Old Town Districts" of the Unified
Development Code of the City of Kennedale, Texas, as amended, is amended to read
as shown in Exhibit "B" attached hereto and incorporated herein.
SECTION 3.
Article 22, "General Procedures and Amendments," of the Unified Development
Code of the City of Kennedale, Texas, as amended, is hereby amended by repealing
Section 22.9.C.2.b.
SECTION 4.
Section 26.13.E of Article 26, "Subdivision Review," of the Unified Development
Code of the City of Kennedale, Texas, as amended, is hereby amended to read as
follows:
Page 2
E. Final Walk- Through and Construction Debris. The developer of a
subdivision shall arrange for a final walk- through inspection with the
Director of Public Works. No cut trees, timber, debris, rocks, stones, junk,
rubbish, or other waste materials of any kind shall be buried in any land, or
left or deposited on any lot or street at the time of completion of public
facilities. Removal of all debris and waste shall be required prior to
approval and acceptance of all public improvements and prior to the
issuance of any building permit or certificate of occupancy.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), 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 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7.
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 8.
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.
Page 3
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, 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 10.
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 19 DAY OF DECEMBER, 2016.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 4