O385ORDINANCE N0.385
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 17, ARTICLE VII, OF THE KENNEDALE CITY CODE (1991),
AS AMENDED, TO MAKE CHANGES TO THE CITY'S SIGN
REGULATIONS; ADDING DEFINITIONS OF ELECTRONIC MESSAGE
BOARD AND SANDWICH SIGNS AND REGULATIONS GOVERNING
THEM; AMENDING SETBACK REQUIREMENTS FOR DETACHED SIGNS;
INCREASING THE PERMITTED SIZE OF MONUMENT SIGNS;
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, Texas 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 Texas Local Government Code; and
WHEREAS, the City Council heretofore adopted comprehensive sign regulations
codified in Chapter 17, Article VII of the Kennedale City Code; and
WHEREAS, the City Council has determined that the public safety, efficient
communication, and aesthetic purposes of the City's sign regulations would be promoted
by the amendments contained in this ordinance; and
WHEREAS, a public hearing was duly held bythe Planning and Zoning Commission
on the 15th day November, 2007, and by the City Council on the 20th day of December,
2007, with respect to the amendments described herein.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Section 17-502 of the Kennedale City Code, "Definitions", is hereby amended by the
addition of the following definitions:
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"Sec. 17-502. Definitions.
Sign, Electronic reader board/Message Board means a sign composed of a
matrix of individual bulbs or lights which are capable of displaying lights in a
running or continuous fashion so as to provide transient pictures of
information
Sign, Sandwich board means a portable sign consisting of two panels of
equal size, which are hinged at the top and placed on the ground or
pavement so as to be self supporting."
SECTION 2.
Section 17-502 of the Kennedale City Code, "Definitions", is hereby further
amended by amending the definition of "portable sign," which shall read as follows:
"Sec. 17-502. Definitions.
Sign, portable means a sign that is easily moved from one (1) location to
another, including a sign that is mounted on skids, trailers, wheels, legs or
stakes, and that is not fixed permanently to the ground, and that is not an
attached sign, political sign, real-estate sign, or sandwich board sign."
SECTION 3.
Section 17-508 of the Kennedale City Code, "Detached signs", subsection (c),
"Generally", is hereby amended to read as follows:
"Sec. 17-508. Detached signs.
(c) Generally.
(1) Off-premises detached signs are prohibited.
(2) Billboard signs are prohibited.
(3) Detached signs within the visibility triangle at any intersection are prohibited.
A minimum setback of 5 feet is required for all detached signs."
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SECTION 4.
Section 17-508 of the Kennedale City Code, "Detached signs", subsection (d),
"Specific sign type regulations", subsection (4), "Monument sign specifications", is hereby
amended to read as follows:
"Sec. 17-508. Detached signs.
(d) Specific sign Type regulations.
(2) Monument sign specifications. Detached monument signs
shall be allowed as set forth in this subsection:
a. Must be built on a monument base with no separation
between the base of the sign and natural grade;
b. Must contain only the name, logo, address and product
or service of the establishment;
c. May be single- ordouble-faced;
d. Shall not exceed seven (7) feet in overall height above
the natural or average grade; and
e. The actual sign face shall not exceed fifty six (56)
square feet in effective area per side."
SECTION 5.
Section 17-508.5 of the Kennedale City Code, is hereby added which shall read as
follows:
"Sec. 17-508.5 Special Sign Types.
(a) Electronic reader board/Message Board Signs . A message board
sign may only be constructed as a component of the primary or
secondary freestanding sign (either pole or monument sign). In
addition, a message board sign is subject to the following restrictions:
(1) Any change of pictures or information on the message board
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sign shall not produce the illusion of moving objects, expanding
or contracting shapes, rotation or any similar effect of
animation.
(2) Any change of pictures or information on the message board
sign shall not change more often than once each three
seconds for those portions of the sign which convey time or
temperature, or once each 10 seconds for all other portions of
a sign.
(3) Message board signs shall only be allowed to be placed in
areas zoned "C-1," "C-2," or "I".
(4) No lighted sign or message board sign shall have a luminance
of greater than 300 foot-candles, nor shall any such sign have
a luminance greater than 200-foot candles for any portion of
the sign within a circle two feet in diameter. The restriction of
luminance in this section shall be determined from any other
premises or from any public right-of-way.
(5) Maximum letter height is 12".
(6) Any message appearing on an electronic message board shall
consist of a single line of text.
(7) Message board area shall not exceed 25% of primary sign
area.
(b) Sandwich board signs. It is expressly provided that such signs are
prohibited in any residential zoning district or within any right-of--way
or city easement within the city. The following additional provisions
shall apply to sandwich board signs:
(1) Signs shall not exceed two (2) feet in width and four (4) feet in
height.
(2) Sign material shall be of a material approved for outdoor
signage.
(3) Sign shall be anchored in some means to prevent
displacement in high winds.
(4) Off-premises sandwich board signs are prohibited.
(5) No sandwich board sign shall be lighted.
(6) Only one sign is allowed per location.
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(7) Signs within the visibility triangle at any intersection are
prohibited.
(8) No permit shall be required for a sandwich board sign.
(9) Sign may only be displayed during business hours."
SECTION 6.
Section 17-514 of the Kennedale City Code, "Prohibited Signs", section (1 ),
"Animated signs", is hereby amended to read as follows:
"Sec. 17-514. Prohibited signs.
The following signs are prohibited in all zoning districts within the city.
(1) Animated signs. No sign shall be erected or altered to include animation,
parts that move, or flashing or blinking lights that may be distracting to
motorists. This prohibition does not include time and temperature signs or
Electronic reader board/Message Board Signs meeting the requirements of
this article."
SECTION 7.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale,
and shall not repeal any of the provisions of such ordinances except in those instances
when provisions of such ordinances are in direct conflict with the provisions of this
ordinance, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section 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 phrases, clauses, sentences,
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paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
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, upon conviction, not more than Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 10.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
ordinances affecting signs 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, 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, penalty clause, publication clause
and 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 its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED this 13th of December, 2007.
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