O412ORDINANCE NO. 412
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
ARTICLE VI "ZONING" OF CHAPTER 17 "PLANNING AND LAND
DEVELOPMENT" OF THE CODE OF THE CITY OF KENNEDALE,
TEXAS (1991), AS AMENDED, TO MAKE CHANGES TO THE
LANDSCAPE STANDARDS FOR CONDITIONAL USE PERMITS AND
OVERLAY 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 landscape standards applicable to
land uses within the City of Kennedale; and
WHEREAS, the City Council now desires to delete conflicting or redundant
landscaping standards set forth in the Zoning Ordinance; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission on the 18th day of September, 2008, and by the City Council on the 9th day
of October, 2008, with respect to the amendments described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Subsection (f)(2) of Section of Section 17-420 "Overlay Districts" of the
Kennedale City Code is hereby amended to read as follows:
(f) Parking regulations.
(2) No parking facility, paved surface, or sealed surface shall
occupy any portion of a required landscape setback except
as indicated in subsection I (Loading dock regulations for
new construction).
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SECTION 2.
Subsection Q) of Section 17-420 "Overlay Districts" of the Kennedale City Code is
hereby deleted.
SECTION 3.
Subsection (d)(3) of Section 17-422.1 "Conditional Use Permits" of the
Kennedale City Code, is hereby deleted.
SECTION 4.
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are hereby repealed.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 5.
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 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) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
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SECTION 7.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any ordinances affecting landscaping 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 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, 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 9.
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 13th DAY OF NOVEMBER, 2008.
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CITY SECRET RY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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