O622ORDINANCE NO. 622
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 10,
GENERAL PROVISIONS FOR ALL DISTRICTS, SECTION 10.17
WALLS AND FENCES; BY AMENDING ARTICLE 13, LANDSCAPING,
SCREENING, AND LIGHTING, SECTION 13.6 BUFFERING AND
SECTION 13.8 SCREENING; 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 Xl, 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,
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 February 16, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on February 27, 2017, with respect to the
amendments described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, Article 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:
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SECTION 1.
Sub - section 10.17.G.1. "Materials" of Article 10, "General Provisions for All Districts" of
the Unified Development Code of the City of Kennedale, Texas, as amended, is hereby
amended by amending sub - section a, to read as follows:
a. Wood fences must have metal posts and metal brackets.
SECTION 2.
Sub - section 10.17.G.1. "Materials" of Article 10, "General Provisions for All
Districts" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended by amending sub - section d, to read as follows:
d. Walls and fences, including gates, shall be constructed of new, durable,
weather- resistant, rustproof, and easily maintainable materials customarily
used in the construction of walls and fences, such as wood, wrought iron,
exposed aggregate tilt wall, fired masonry, or wood rail construction. This
shall not preclude the use of decorative metal materials when consistent
with the intent of this section, the character of the area in which the fence
is to be placed, and as approved by the Administrator.
SECTION 3.
Sub - section 13.6.A "General Requirements" of Article 13, "Landscaping,
Screening, and Lighting" of the Unified Development Code of the City of Kennedale,
Texas, as amended, is hereby amended by adding sub - section 7 to read as follows:
7. For development within an "I" Industrial zoning district or within a "C -2"
general commercial zoning district adjacent to a Type 1 zoning district (as
shown in Table 13.6), a solid screening fence is required, and the
minimum landscaping requirement shall be reduced by in accordance with
Section 13.6.C.3.
a. The fence shall have a minimum height of six (6) feet and a
maximum height of eight (8) feet.
b. The fence shall be of the following materials: wood, exposed
aggregate tilt wall, fired masonry, or other approved masonry
material. Wood screening fences must have metal framing.
c. A person erecting a wood screening fence shall ensure that the
smooth side faces adjoining streets and the posts and rails face the
interior of the lot.
d. Compliance with the buffering and screening requirements shall be
the responsibility of the owner or property owner of the
development within the "I" Industrial or "C -2" general commercial
district.
e. The fence shall extend downward to within three (3) inches of the
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ground and shall test plumb and square at all times.
SECTION 4.
Sub - section 13.6.C.3 "Privacy Fence" of Article 13, "Landscaping, Screening,
and Lighting" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
3. Privacy Fence.
a. A privacy fence may be used to supplement landscaping. For the linear
footage a privacy fence is used, the minimum landscaping requirement
shall be reduced by 75 percent for "C -1" Restricted commercial zoning
districts and by 50 percent for "C -2" General commercial and "I" Industrial
zoning districts. Minimum buffer width must be maintained.
b. To qualify for the reduction in minimum landscaping requirement,
privacy fences must meet all of the following requirements:
i. Six (6) foot minimum height.
ii. Placed at least five (5) feet from the property line.
iii. Gaps between pickets must be no greater than one -half ( of an
inch.
iv, Materials shall be as required under 13.6.A.7.b regardless of zoning
district.
v. A person erecting a wood screening fence shall ensure that the
smooth side faces adjoining streets and the posts and rails face the
interior of the lot. Wood fences shall have metal posts and framing.
vi. The privacy fence shall extend downward to within three (3) inches
of the ground and shall test plumb and square at all times.
SECTION 5.
Sub - section 13.8.F.3 "Fences" of Article 13, "Landscaping, Screening, and
Lighting" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended as follows:
Fences. Fences shall be constructed of materials as described in Section
10.17.G.1.
SECTION 6.
Section 13.8 "Screening" of Article 13, "Landscaping, Screening, and Lighting," of
the Unified Development Code of the City of Kennedale, Texas, as amended, is
amended to add sub - section H and sub - section I, to read as follows:
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H. Materials. Unless otherwise required by this code, fences or walls shall
be constructed of materials as described in Section 10.17.G.1 of this code.
I. Height of screening materials. Height of materials used for screening
shall not exceed eight feet; however, when changes in grade or
topography allow materials or property that are required to be screened to
be visible from the public right -of -way even after installation of the required
screening fence, then the fence shall be placed on a berm or retaining wall
meeting city regulations to ensure the materials or property are not visible
from the right -of -way. The berm or retaining wall and fence shall be
installed so that the top and bottom fence lines are even and consistent at
all times. In spite of the requirement that a berm or retaining wall shall be
used, in no case shall the berm or retaining wall exceed a height
determined by the building official to be safe.
SECTION 7.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), 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 8.
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 9.
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 10.
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 development 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
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not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 11.
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 12.
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 27 DAY OF FEBRUARY, 2017.
MAYOR, BRIAN IJOHNSON
ATTEST:
Aff nzu�r
CITY SECRETARY. LESLIE GALL AY
EFFECTIVE: MARC H 10 1 Z 0 l - 7
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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