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O395', ORDINANCE NO. 395 AN ORDINANCE AMENDING ORDINANCE NO. 40, THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY ADDING THE "C-0" RETAIL COMMERCIAL DISTRICT; AMENDING THE SCHEDULE OF USES AND SCHEDULE OF DISTRICT REGULATIONS TO REFLECT THE NEW RETAIL COMMERCIAL DISTRICT; INCORPORATING THE "C-0" DISTRICT INTO THE SCREENING, SITE PLAN AND OVERLAY DISTRICT REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AND EFFECTIVE DATE WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Kennedale heretofore adopted Ordinance No. 40 as the Comprehensive Zoning Ordinance of the City of Kennedale, providing for the regulation of land uses within the city limits; and WHEREAS, the City Council deems it necessary and in the best interest of the public health, safety and welfare to adopt a new zoning district for commercial retail uses which may in the future be located within the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Section 17-405 of the Kennedale Zoning Ordinance is hereby amended by revising paragraph (a) thereof to read as follows: Sec. 17-405. Zoning districts generally. (a) Establishment of districts. For the purpose of this article, the City of Kennedale, Texas, is hereby divided into sixteen (16) zoning districts as follows: (05/14/08) Page 1 "AG" -Agricultural district "R-1" -Single-family residential district "R-2" -Single-family residential district "R-3" -Single-family residential district "OT" -Old Town district "D" -Two-family residential district "MF" -Multi-family district "C-0" -Retail commercial district "C-1" -Restricted commercial district "C-2" -General commercial district "I" -Industrial district "PD" -Planned development district "FP" - Floodplain district "MH" -Manufactured home district Business 287 overlay district Interstate 20/Loop 820 overlay district SECTION 2. Section 17-405 of the Kennedale Zoning Ordinance is hereby amended by revising the table of district regulations in paragraph (d) thereof to add the C-0 Retail Commercial District and provide the following regulations: (d) Schedule of district regulations adopted. The following table of district regulations is hereby adopted and shall be considered as part of each applicable zoning district regulation as hereafter described in this article. TABLE INSET: AG R-1 R-2 R-3 OT D MF MH C-0 C-1 C-2 Lot area 1 acre 1/2 15,000 8,750 5,000 8,750 (a) (b) 5,000 5,000 5,000 N/A (s uare feet acre Minimum lot 80 100 100 80 50 70 75 50/lot 50 50 50 N/A width (feet) d) Minimum lot 125 125 125 100 80 125 125 100/lot 100 100 100 NIA de th feet Front yard 50 50 40 30 20 30 30 10/lot 25 25 25 25 setback (feet) Rear yard 50 35 35 25 15 20 20 10/lot 20 20 20 20 setback (feet), interior lot Side yard 15 (g) 15(g) 15(g) 10*"` 5 8 8 4 10 10 10 10 setback (feet), interior lot Side yard 20 20 20 15 5 15 15 10 15 15 15 15 setback (feet) corner lot (street side onl (05/08/08) Page 2 AG R-1 R-2 R-3 OT D MF MH C-0 C-1 C-2 I Maximum 2.5 2.5 2.5 2.5 2.5 2.5 2 1.5 2 2 3 3 height stories feet 50 50 40 40 35 35 30 22.5 30 30 45 45 Maximum lot 50% 50% 50% 50% 70% 50% 50% 50% 60% 60% 60% 60% covers e Masonry 80% 80% 80% 80% 80% 80% 80% N/A 80% 80% 80% N/A requirement Main building 1,500 1,500 1,500 1,250 1,000 1,000/ (c) 320 N/A N/A N/A N/A living area unit (square feet) h i ' ** Require minimum 8 ft. with a total of 20 ft. side yard. (a) The minimum lot area for multifamily dwellings shall be two thousand seven hundred fifty (2,750) square feet per apartment unit. There shall be a maximum of sixteen (16) units per acre. (b) For manufactured home parks, the minimum lot area shall be not less than five thousand (5,000) square feet per manufactured home lot when a public sewer system serves the park. Where no public sewer system is available and septic tanks are used for sewage disposal, the minimum lot area shall be one (1) acre per manufactured home. The minimum size of any manufactured home park shall be five (5) acres. (c) The minimum living area per unit or apartment shall be six hundred (600) square feet for an efficiency, eight hundred (800) square feet for one (1) bedroom, nine hundred (900) square feet for two (2) bedrooms, and one thousand one hundred (1,100) square feet for three (3) or more bedrooms. However, the average living area for all apartments in an apartment building must be a minimum of seven hundred (700) square feet. (d) Whenever any lot is located on a cul-de-sac, the lot width shall not be less than eighty (80) percent of the required lot width at the building line. (e) Whenever any lot is located on a cul-de-sac, the rear yard setback shall be fifteen (15) feet. (f) For the purposes of this requirement, the following materials shall be considered "masonry": glass, natural stone, face brick, face tile, concrete, split face concrete masonry units (haydite block) decorative pattern concrete block masonry unit, masonry veneer, and cement stucco. 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 twelve (12) feet in height, whichever is less. (05/14/08) Page 3 (g) The minimum setback for one side yard of an interior lot may be ten (10) feet, however the total side yard setback for both side yards must equal thirty (30) feet. (h) The minimum living area excludes garage, porch, and breezeways. (i) Accessory buildings, in the zoning classifications "R-1 ", "R-2", "R- 3", Duplex and Old Town, are those structures that are subordinate to the main residence, on the same lot. Accessory buildings may not exceed fifteen (15) feet in height and include detached garages, bathhouses, greenhouses, bomb/fallout shelters, and barns. Storage buildings that contain more than 175 square feet of space are included in this category. Accessory buildings shall be located at least five (5) feet from the residence, eight (8) feet from the side lot line and eight (8) feet from the rear yard line, public easement or drainage easement. Accessory buildings shall be of new construction and have exterior walls made of wood, stone, brick, or vinyl siding. (j) The water's edge of swimming pools must be located at least eight (8) feet from the main building, eight (8) feet from the side lot lines, and eight (8) feet from the rear lot line. Swimming pools may not be placed in the required front yard, public utility easements, or drainage easements. SECTION 3. The Zoning Ordinance of the City of Kennedale, Texas is hereby amended to add a new section, Section 17-413A to read as follows: Sec. 17-413A. "C-0" retail commercial district. (a) Purpose. The "C-0" retail commercial district has been established to provide for the development of retail oriented uses. This district is intended to accommodate the basic shopping and service needs of residents and to provide retail for merchants. This section is not intended to prohibit the outside display of merchandise in the normal course of retail business. (b) Permitted uses. The uses permitted in the "C-0" district include those listed in the "schedule of uses" found in section 17-421 of this article. Any use not expressly authorized and permitted herein is expressly prohibited in this district unless otherwise allowed in conformance with section 17-427 of this article dealing with new and unlisted uses. (c) Special exception uses. In order to allow for certain uses which, because of their nature or unusual character cannot be unconditionally H:\CITY COUNCILIORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 4 permitted in this district, yet would or could be an appropriate or compatible use under certain controlled circumstances and locations, the board of adjustment may, after public hearing thereon, authorize and grant the issuance of a special exception as allowed in the "schedule of uses" in section 17-421 of this article. As provided in section 17-422 of this article, the approval of a special exception by the board shall be subject to reasonable conditions and safeguards, including the length of time, as deemed appropriate by the board, so as to properly protect any adjacent property, use or neighborhood character, as well as to insure the appropriate conduct of the special exception use of the land and buildings granted. (d) Area; yard; height; lot coverage; building size. The requirements regulating the minimum lot size, minimum yard sizes (front, side and rear), maximum building height, maximum percent of lot coverage by buildings and the minimum size of buildings, as pertains to this district, shall conform with the "schedule of district regulations" found in section 17- 405(d) and any other applicable regulations provided herein. (e) Parking requirements. Off-street parking space requirements shall be in accordance with the parking schedule found in section 17-421 hereof. No enclosed or covered parking is specifically required. (f) All commercial operations and sales to be enclosed; exception. All commercial uses, operations, and sales, except for off-street parking and off-street loading facilities, shall be conducted within completely enclosed buildings. However, the city council may grant a permit to businesses for sidewalk sales for a period not to exceed thirty (30) days per year. SECTION 4. Section 17-420 of the Kennedale Zoning Ordinance is hereby amended by revising paragraph (d) thereof to read as follows: (d) Permitted underlying (or base) district. Prior to the use of any land or building in the overlay district, a permitted underlying (or base) zoning district shall be approved in accordance with section 17-429 of this division in addition to the overlay district. (1) Permitted underlying zoning districts in the Business 287 overlay district shall include C-0, C-1, C-2 and I districts. AG, R-1, R-2, R-3, OT, D, MF, and MH districts are not permitted as underlying districts. Sexually oriented businesses are not permitted in the Business 287 overlay district. H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12/08) Page 5 (2) Permitted underlying zoning districts in the Interstate 20/Loop 820 overlay district shall include R-3, MF, MH, C-0, C-1, C- 2, and I districts. AG, R-1, R-2, OT, and D districts are not permitted as underlying districts. Sexually oriented businesses are not permitted in the Interstate 20/Loop 820 overlay district. (3) Notwithstanding subsections (d)(1) and (2) above, a sexually oriented business may be operated on the following sites: a. Tract 31 C of Abstract 1376 in the David Strickland Survey (1.0 acre). b. Tract 3G, Abstract 716, W.H. Hudson Survey (3.5 acres). SECTION 5. Section 17-421 of the Kennedale Zoning Ordinance is hereby amended to add the C-0 Retail Commercial District and authorize uses therein as follows: Note: Gross floor area is abbreviated as g.f.a. Also, any numbers in parenthesis represents a footnote and all footnotes are found at the end of this schedule of uses. AG R- > R- 2 R- 3 OT D MF MH C-0 C-1 C-2 / PARK/NG Residential Use: Single-Family Dwelling X X X X X X X X 1 1 2 /Dwellin Unit Two-family Dwelling X X 2 /Dwellin Unit Three-family Dwelling X 2 /Dwellin Unit Four-family Dwelling X 2 /Dwellin Unit Apartment or multi-family building X 2.5 /Dwellin Unit Manufactured Home X 2 /Dwellin Unit Industrialized Housing X X X X X X X X 2 /Dwellin Unit Manufactured Home Park X 2 /Dwellin Unit Townhouse X 2 /Dwellin Unit Condominium X 2 /Dwellin Unit Recreational Vehicle Park X 1 /Dwellin Unit Boarding (Rooming) House X 1 /Dwellin Unit Child Day Care Home X X X X X X X X 2 /Dwellin Unit Group Home S S S S S S X S 2 /Dwellin Unit Group Day Care Home S S S S S S S S Specified by Special Exce tion Halfway House S S S S S S X S 1/2 Occu ants Guest House/Servant Quarters S S S S S S S S 1 /Dwellin Unit H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 6 Accessory Building X X X X X X X X None Basketball Court (Private) X X X X X X X X Tennis Court (Private) X X X X X X X X None Swimming Pool (Private) X X X X X X X X None Home Occupation (2) X X X X X X X X None Agiicu/ture/Ranch Uses: Farm or Ranch X S S S S 2/ Dwellin Unit Farmer's Market S X X 2 /Stall Grainery or Gin S X 1 / 2000 Site Area Orchard X X X X X X X X X X X 1/ Em to ee Produce Stand S X X X 1/ 200 G.F.A. Rodeo Ground, Arena (Public) S S Specified by Special Exce tion Stable, Private X S S S S S S S S S S None Stable, Public X S 1 / 2 Stalls Utility/Solid Waste Uses: Cable TV Lines X X X X X X X X X X X X None Electric Substations S S S S S S S S S S S X None Gas Regulations/Gate Station S S S S S S S S S S S X None Microwave Tower S S S S S S S S S S S X None Radio & Television Tower S S S S S S S S S S S X None Railroad Freight Terminal X 1 / Em to ee Railroad Yard X 1 / Em to ee Recycling Collection Facility S S S 1 / Em to ee Refuse Transfer Station S S 1 / Em to ee Sewer Lift Station X X X X X X X X X X X X None Telephone Exchange S S S S S S X X X X X X None Utility Poles and Lines X X X X X X X X X X X X None Utility Mains and Lines X X X X X X X X X X X X None Wastewater Treatment Plant S S S S S S S S S S S X 2 Minimum Water Pump Station X X X X X X X X X X X X None Water Storage Tank X X X X X X X X X X X X None Water Treatment Plant S S S S S S S S S S S X 2 Minimum Water Well S S S S S S S S S S S S None Government & Institutional Uses: Athletic Field or Stadium S S S S S S S S S X X 1/ 4 Seats Auditorium or Amphitheater X X X 1/ 4 Seats Basketball Courts (Public) S S S S S S S S S X X Baseball/Softball (Public) S S S S S S S S S X X Cemetery or Mausoleum S S S S S S S S S S S S None Church or Rectory X X X X X X X X X X X X 1/ 4 Seats College or University S S S S S S S X X X X 1/ 3 Students Community Center S S S S S S X X X X X X 1/ 200 G.F.A. Convalescent Center X X 1 / 3 Beds Fire Station X X X X X X X X X X X X 2/ Ba H:\CITY COUNCIUORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12/08) Page 7 Government Office X X X X 1/ 300 G.F.A. Hospital S S S S S S S S S X X 1 /Bed Library X X X X X X X X X X X X 1/ 300 G.F.A. Museum or Art Gallery S S S S S S S S X X X X 1/ 200 G.F.A. Park or Playground X X X X X X X X X X X X 1/ 2000 Site Area Police Station S S S S S S S S X X X X 2 Visitor S aces Post Office X X X X X X X X X X X X 1/ 400 G.F.A. Prison or Penitentiary S 1 / 6 Cells Sanitarium S 1 / 6 Beds School (Nursery or Kinder arten S S S S S S S S X X X X 1/ 10 Children School (Trade or Business) S S X X 1/ 3 Students School (Elementary or Middle) X X X X X X X X X X X X 1/ 10 Students School (High School) X X X X X X X X X X X X 1/ 3 Students Soccer Fields (Public) S S S S S S S S S X X Swimming Pool (Public) S S S S S S S S S X X 10 Minimum Tennis Court (Public) S S S S S S S S S X X 2 /Court Commercial Uses.• Amusement Park (Outside) X X 1 / 500 Site Area Animal Shelter S X X 1 / 500 G.F.A. Antique Shop X X X X 1/ 200 G.F.A. Apparel or Clothing Store CUP X X 1 / 200 G.F.A. Appliance Repair Shop X X X 1 / 400 G.F.A. Appliance Store (Retail) X X X X 1/ 400 G.F.A. Arcade X X X 1 / 200 G.F.A. Art Supply Store X X X X 1/ 300 G.F.A. Athletic or Fitness Club X X X 1 / 200 G.F.A. Auction X X X 1 / 200 G.F.A. Audio Store (Retail) X X X X 1/ 200 G.F.A. Auto Inspection Station S X X 2 /Service Ba Auto Paint & Body Shop X X 1 / 200 G.F.A. Auto Parts Store S X X X 1/ 300 G.F.A. Auto Rental S S X X 1.25 /Rental Car Auto Repair Garage X X 3 /Service Ba Auto Sales Lot X X 1 / 1000 Site Area Bakery (Retail) X X X S 1/ 200 G.F.A. Bank or Financial Institution X X 1 / 300 G.F.A. Bed & Breakfast Accommodations S S S S S S X S X X 1 /Guest Room Barber or Beauty Shop S S S S S S S X X X 3 /Chair Bicycle Sales and Repair X X X 1 / 300 G.F.A. Boat Sales X X 1 / 400 G.F.A. Boat Storage X X 1 / 1000 Site Area Book Store CUP X X 1 / 200 G.F.A. Bowling Alley X X X 6 /Lane Building Materials/Lumber Yard X X 1 / 500 G.F.A. Bus Terminal X X X 1 / 300 G.F.A. H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 8 Business Office X X X 1 / 300 G.F.A. Cabinet Shop S X X 1 / 400 G.F.A. Camera Store (Retail) X X X 1 / 200 G.F.A. Car Wash S X X 1 /Wash Ba Carnival or Circus S S S S ecified b S.E. Carpet Store (Retail) X X X 1 / 400 G.F.A. Cemetery Monument Sales X X 1 / 400 G.F.A. Child Care Center or Facility X X X 1 / 6 Children Christmas Tree Sales S S S X X 1/ 1000 Site Area Computer Store Retail/Service X X X 1 / 200 G.F.A. Contractor yard (Outside Stora e X X 1 / 2000 Site Area Dental Clinic or Office X X 1 / 200 G.F.A. Department Store X X X 1 / 200 G.F.A. Electrical Sales & Service S X X X 1 / 400 G.F.A. Electronics Store (Retail) X X X 1 / 200 G.F.A. Employment Agency X X 1 / 200 G.F.A. Farm Implement Sales X X 1 / 400 G.F.A. Feed Store X X 1 / 400 G.F.A. Feed Store with Animal Sales S S 1 / 400 G.F.A. Firewood Sales S X X 1 / 1000 Site Area Florist Shop X X X 1 / 300 G.F.A. Flea Market (Inside) S S 1 / 200 G.F.A. Flea Market (Outside) S S 1 / 1000 Site Area Fraternity /Sorority Lodge X X 1 / 200 G.F.A. Furrier S X X 1 / 400 G.F.A. Furniture Store (Retail) X X X 1 / 400 G.F.A. Game Hall S X X 1 / 100 G.F.A. Gift or Novelty Shop CUP X X 1 / 200 G.F.A. Golf Course X S S S S S S S X X 2 /Green Golf Course, Miniature X X 1.5 /Hole Golf Driving Range X X X 1 / Drivin Tee Grocery Store X X X 1 / 200 G.F.A. Gun Shooting Range (Indoor) S S X 1 / 500 G.F.A. Gunsmith Shop X X X X 1/ 300 G.F.A. Hardware Store X X X 1 / 400 G.F.A. Heating / AC Sales & Service X X X 1 / 400 G.F.A. Heavy Equipment Sales X X 1 / 1000 Site Area Hobby Shop X X X 1 / 200 G.F.A. Hotel or Motel S S X X 1 /Guest Room Impounded Vehicle Storage Facility S Insurance Sales Office X X 1 / 400 G.F.A. Jewelry Store X X X 1 / 200 G.F.A. Kennel S S X X 1/ 400 G.F.A. Laboratory, Medical or Dental S X X 1 / 400 G.F.A. Large Retail Facilit a CUP CUP CUP CUP 1 / 200 G.F.A. H:\CITY COUNCILIORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12/08) Page 9 Laundry or Dry Cleaners X X X X 1 / 400 G.F.A. Lawnmower Sales & Service S X X 1 / 400 G.F.A. Leather Goods Shop (Retail) X X X X 1 / 400 G.F.A. Lithographic Shop X X X 1 / 300 G.F.A. Locksmith Shop X X X 1 / 300 G.F.A. Meat, Poultry & Fish Market S X X X 1 / 300 G.F.A. Medical Clinic or Office X X 1 / 300 G.F.A. Mini-warehouse X X 1 / 500 G.F.A. Manufactured Home Sales Lot X X 1 / 1000 Site Area Massage Establishment S S 1 / 200 G.F.A. Mortuary or Funeral Home S X X 1 / Sanctua Seats Motorcycle Sales X X 1 / 200 G.F.A. Movie Theater (Drive-In) X X 1 / Em to ee Movie Theater (Indoor) CUP X X X 1/ 3 Seats Musical Instrument Store X X X 1 / 200 G.F.A. Newspaper Office X X 1 / 200 G.F.A. Newsstand CUP X X 1 / 200 G.F.A. Nightclub or Dance Hall S X X 1 / 100 G.F.A. Office Supply Store X X X 1 / 200 G.F.A. Optical Clinic or Office X X 1 / 200 G.F.A. Optical Dispensary Store X X X 1 / 200 G.F.A. Paint Sales Store (Retail) X X X 1 / 200 G.F.A. Paintball Sports, Survival Games S X X 1 / 500 Site Area Parking Lot (Commercial, for Fee S S S X Pawnshop S X 1 / 200 G.F.A. Pet Grooming Shop S X X 1 / 200 G.F.A. Pet Shop X X X 1 / 200 G.F.A. Pharmacy or Drug Store X X X 1 / 200 G.F.A. Photography Studio CUP X X 1 / 200 G.F.A. Picture Framing Shop X X X 1 / 200 G.F.A. Plant Nursery S X X 1 / 400 G.F.A. Plumbing Sales and Service X X X 1 / 400 G.F.A. Pool or Billiard Hall S X X 1 / 100 G.F.A. Print Shop S X X X 1/ 400 G.F.A. Private Club (Serving Alcohol) S X X 1 / 100 G.F.A. Professional Offices X X X 1 / 300 G.F.A. Racquetball Court X X X 2 /Court Real Estate or Leasing Office 3 3 3 3 3 3 3 3 X X X 1/ 300 G.F.A. Recording Studio X X 1 / 300 G.F.A. Recreational Vehicle Sales X X Recreational Vehicle Storage X X 1 / 400 G.F.A. Rental Store X X X 1 / 400 G.F.A. Restaurant or Cafe (Inside) X X X X 1/ 3 Seats Restaurant (Drive-In) X X X X 1/ 100 G.F.A. Restaurant (Kiosk) X X X X 1/ 100 G.F.A. Secondhand Store X X X X 1/ 200 G.F.A. H:\CITY COUNCIUORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 10 Service Station S X X 4 Minimum Sexually Oriented Business X X 1 / 100 G.F.A. Shoe or Boot Store X X X 1 / 200 G.F.A. Sign Shop X X X 1 / 400 G.F.A. Skating Rink X X X 1 / 400 G.F.A. Snow Cone Stand S X X 2 Minimum Sporting Goods Store X X X 1 / 200 G.F.A. Tack Store X X X 1 / 400 G.F.A. Tailor or Seamstress Shop X X 1 / 300 G.F.A. Tanning Salon S X X X 1/ 200 G.F.A. Tattoo Shop S X 1 / 200 G.F.A. Taxidermist S X 1 / 400 G.F.A. Tire Sales, Repair, & Installation S X X 1 / 400 G.F.A. Title & Abstract Office X X 1 / 200 G.F.A. Tool & Equipment Rental X X 1 / 400 G.F.A. Trailer Sales & Rental X X 1 / 1000 Site Area Travel Agency X X 1 / 300 G.F.A. Truck Rental X X 1 / 400 G.F.A. Truck Repair X X 1 / 400 G.F.A. Truck Sales X X 1 / 1000 Site Area Truck Wash X X 2 /Wash Ba Upholstery Shop X X X 1 / 400 G.F.A. Vehicle Storage Facility S S ecified b S.E. Vehicular Racing Facility S S S ecified b S.E. Veterinary Clinic X X X 1 / 300 G.F.A. Veterinary Hospital S S 1 / 300 G.F.A. Video Store CUP X X X 1 / 200 G.F.A. Washateria (Self-Service) X X X X X 1 /Wash Machine lndust~ial Uses.' Air ort S S S ecified b S.E. Ammonia Manufacturin S See Sec. 17-416 e A arel Manufacturin X See Sec. 17-416 e A liance Manufacturin X See Sec. 17-416 e Artificial Limb Manufacturin X See Sec. 17-416 e As halt Batchin Plant S See Sec. 17-416 e Bake ,Commercial X See Sec. 17-416 e Bleach Manufacturin S See Sec. 17-416 e Boakbindin & Publishin S X See Sec. 17-416 e Bottlin Plant S X See Sec. 17-416 e Box Manufacturin X See Sec. 17-416 e Brewe X See Sec. 17-416 e Brick or Tile Manufacturin X See Sec. 17-416 e Cannin O eration X See Sec. 17-416 e Car et Manufacturin X See Sec. 17-416 e Chemical Storage or Manufacturin S See Sec. 17-416 e H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12108) Page 11 Chlorine Manufacturin S See Sec. 17-416 e Cold Stora a Plant X See Sec. 17-416 e Com osite Manufacturin S See Sec. 17-416 e Com ostin Commercial S S See Sec. 17-416 e Concrete Batchin Plant S X See Sec. 17-416 e Concrete Product Castin Plant X See Sec. 17-416 e Contractor Yard (Outside Stora e X X See Sec. 17-416 e Creame X See Sec. 17-416 e Creosote Manufacturin S See Sec. 17-416 e Distribution Center Small S X X See Sec. 17-416 e Distribution Center Lar e S X See Sec. 17-416 e Distillation Plant S See Sec. 17-416 e D ein Plant X See Sec. 17-416 e Electrical Components Manufacturin X See Sec. 17-416 e Electro latin X See Sec. 17-416 e Envelo a Manufacturin X See Sec. 17-416 e Ex losives Manufacturin S See Sec. 17-416 e Fertilizer Manufacturin S S See Sec. 17-416 e Fiber lass Manufacturin X See Sec. 17-416 e Fireworks Manufacturin S See Sec. 17-416 e Food Processin X See Sec. 17-416 e Found S See Sec. 17-416 e Frei ht Terminal, Motor X See Sec. 17-416 e Frei ht Terminal, Railroad X See Sec. 17-416 e Furniture Manufacturin S X See Sec. 17-416 e Garment Manufacturin X See Sec. 17-416 e Glass Manufacturin X See Sec. 17-416 e Glue Manufacturin S See Sec. 17-416 e Graine or Gin X See Sec. 17-416 e G sum Manufacturin S See Sec. 17-416 e Heli ort or Helisto S S See Sec. 17-416 e Ice Cream Plant X See Sec. 17-416 e Ice Plant X See Sec. 17-416 e Incinerator S See Sec. 17-416 e Insecticide Processin S See Sec. 17-416 e Junk Yard S See Sec. 17-416 e Laund Plant X See Sec. 17-416 e Li ht Fabrication Plant S X See Sec. 17-416 e Machine Sho S X See Sec. 17-416 e Marble Manufacturin X See Sec. 17-416 e Mattress Manufacturin X See Sec. 17-416 e Meat, Poultry & Fish Processin S X See Sec. 17-416 e Metal Fabrication X See Sec. 17-416 e Metal Platin X See Sec. 17-416 e Metal Stam in and Extrusion X See Sec. 17-416 e Mining, Extraction O eration S See Sec. 17-416 e H:\CITY COUNCILIORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08!08) Page 12 Monument Works X See Sec. 17-416 e Packa in O eration S X See Sec. 17-416 e Paint Manufacturin X See Sec. 17-416 e Pallet Manufacturin X See Sec. 17-416 e Pa er Mill X See Sec. 17-416 e Pa er Products Manufacturin X See Sec. 17-416 e Pesticide Processin S See Sec. 17-416 e Petroleum Products Wholesale S See Sec. 17-416 e Petroleum Refine or Stora e S See Sec. 17-416 e Pharmaceutical Manufacturin X See Sec. 17-416 e Planin Mill X See Sec. 17-416 e Plastic Product Manufacturin S See Sec. 17-416 e Potte Manufacturin X See Sec. 17-416 e Radio Transmittin Station S S S See Sec. 17-416 e Rec clin Processin Plant S See Sec. 17-416 e Renderin Plant S See Sec. 17-416 e Rock Crushin Plant S See Sec. 17-416 e Salva e Yard S See Sec. 17-416 e Smelter Plant S See Sec. 17-416 e Tannin Plant S See Sec. 17-416 e Television Transmittin Station S S S See Sec. 17-416 e Tem ora Construction Office S S S S S S S S S S X See Sec. 17-416 e Textile Manufacturin X See Sec. 17-416 e Tire Manufacturin S See Sec. 17-416 e Tire Reca in Plant S See Sec. 17-416 e Vehicle Conversion Facilit X X See Sec. 17-416 e Warehouse S X See Sec. 17-416 e Welding Shop_ S X See Sec. 17-416 e Notes to schedule of uses: (1) Allowed with mini-warehouse use only (2) Home occupations are permitted when in accordance with section 17-423 hereof. Home occupations not specifically permitted in section 17-423 may be permitted only with a specific use permit. (3) Allowed for a period of one (1) year or until the development is sold out, whichever is longer. (4) A facility offering retail sales and/or services, whether occupied by one (1) or multiple tenants, that is comprised of more than fifty thousand (50,000) square feet of floor area, which includes gross floor area, outdoor storage areas, and any outside area that provides associated services to the public, including without limitation outdoor merchandise display. The floor area does not include outdoor motor vehicle parking or loading areas. In addition to other parking regulations that apply, parking for a large retail facility is permitted only as an accessory use, and is allowed only when immediately adjacent to a large retail facility that is located within the corporate limits of the city. SECTION 6. H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12/08) Page 13 Section 17-425 of the Kennedale Zoning Ordinance is hereby amended by revising the chart of restrictive districts in paragraph (a) thereof to add the C-0 Retail Commercial District as follows: Most Restrictive "AG, R-1, R-2, R-3" Sin le-famil districts "D" Two-famil residential district "MH" Mobile home residential district "OT" Old Town district "MF" Multifamil "C-0, C-1, C-2" Commercial districts Least Restrictive "I" Industrial district SECTION 7. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, 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, 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 H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 14 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) for each offense. 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 the Zoning Ordinance of the City of Kennedale, Texas or any other ordinance or code provision affecting the regulation of nonconforming uses which 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 11. The City Secretary of the City of Kennedale is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 12. The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local Government Code. SECTION 13. H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/12/08) Page 15 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 ON THIS 20T" DAY OF MAY, 2008. ., .~~ `,`'~~••'~ ~' €~' ~' MAYOR, BRYAN LANKHORST ' :,c~'~ _.g.~ ; .~ ; /gyp ATTEST: r Ty • Mf r ~g ~ ~ ~.` ~ N . W • .• .' M1~0?A KATHY TURN R, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: J ~2 ~ -o ~ ADOPTED: ~= ZO-Od' EFFECTIVE: J`~- 30- D dJ H:\CITY COUNCIL\ORDINANCES\2008 Ordinances\Ordinance No. 395, C-0 Zoning.doc (05/08/08) Page 16