O630ORDINANCE NO. 630
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 5
VILLAGE DISTRICTS, SECTION 5.2.F OTHER USES; AND BY
AMENDING ACCESSORY USES IN TABLE 6.2 OF ARTICLE 6
COMMERCIAL AND INDUSTRIAL DISTRICTS; BY AMENDING
ACCESSORY USES IN TABLE 7.2 OF ARTICLE 7 EMPLOYMENT
CENTER DISTRICTS; 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 June 19, 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.
Sub - section 5.2.F "Other Uses" of Article 5, "Village Districts" of the Unified
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Development Code of the City of Kennedale, Texas, as amended, is hereby amended
to read as follows:
F. Other Uses.
1. Accessory Uses. Home occupations are permitted in accordance with
Section 11.18. Solar energy equipment is permitted as an accessory use
in accordance with Section 11.37.
2. Temporary Uses. Temporary construction and sales offices are
permitted in accordance with Section 11.38.
SECTION 2.
Sub - section "Accessory Uses" of Table 6.2 "Schedule of Uses: Commercial and
Industrial Districts" of Article 6, "Commercial and Industrial Districts" of the Unified
Development Code of the City of Kennedale, Texas, as amended, is hereby amended
to read as follows:
Use
C -0
C -1
C -2
1
Other
Accessory Uses
Accessory buildings
Accessory buildings
P
P
P
P
11.2
Garage sales
11.10
Holiday tree and firewood sales
11.10
Holiday tree and firewood sales
Home occupation
P
P
11.17
Home occupation
P
P
11.23
11.18
Outdoor display, accessory retail sales
P
P
11.23
Outdoor display, temporary accessory retail sales
P
P
P
11.24
Outdoor storage, commercial and industrial
11.30
Solar energy equipment
P
P
11.25
Residential sales
11.30
Solar energy equipment
P
P
P
P
11.37
SECTION 3.
Sub - section "Accessory Uses" of Table 7.2 "Schedule of Uses: Employment
Center Districts" of Article 7, "Employment Center Districts" of the Unified Development
Code of the City of Kennedale, Texas, as amended, is hereby amended to read as
follows:
Use
1C
EC E3
Other
Accessory Uses
Accessory buildings
11.2
Garage sales
11.10
Holiday tree and firewood sales
11.17
Home occupation
P
P
11.18
Outdoor display, accessory retail sales
P
P
11.23
Outdoor display, temporary accessory retail sales
11.24
Outdoor storage, commercial and industrial
11.25
Residential sales
11.30
Solar energy equipment
P
P
P
11.37
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SECTION 4.
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 5.
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 6.
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 7.
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.
SECTION 8.
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 9.
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.
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PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017.
ATTEST:
� J
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
( 2q 17
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY, WAYNE OLSON
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