O624ORDINANCE NO. 624
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 10,
GENERAL PROVISIONS FOR ALL DISTRICTS, SECTION 10.7
MASONRY REQUIREMENTS; 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,
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 April 20, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on May 15, 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:
SECTION 1.
Section 10.7 "Masonry Requirements" of Article 10, "General Provisions for All Districts"
of the Unified Development Code of the City of Kennedale, Texas, as amended, is
hereby amended to read as follows:
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The following materials shall be considered masonry for the purposes of
the masonry requirements throughout the UDC: glass, natural stone, face
brick, face tile, split face concrete masonry units (haydite block),
decorative pattern concrete block masonry units, masonry veneer, and
cement/concrete stucco. This definition excludes cement or concrete fiber
cement siding except as otherwise specifically permitted. In determining
the percentage of masonry required, the surface of the exterior walls
exclusive of the doors and windows shall be measured, up to the eave
area or up to a maximum of 12 feet in height, whichever is less.
SECTION 2.
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 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and sections of this ordinance are severable, and if any
section, paragraph, sentence, 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 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 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 5.
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 the development and
use of property 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.
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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, 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 the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 15th DAY OF MAY, 2017.
APPROVED:
ATTEST:
CITY SECRETARY, LESLI GALLOWAY
EFFECTIVE: b' - t V i 1
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY, WAYNE OLSON
Ism
MAYO:', BRIAN JOHNSON
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