O51CITY ~~CRETARY
~ ~ ~ e^s ~ ~ '+ m+ y , ~ ~d tl Y
ORDINANCE NO. 51
AN ORDINANCE AMENDING ORDINANCE NO. 40, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY PROVIDING
FOR THE REGULATION OF NONCONFORMING USES; PROVIDING
LIMITATIONS ON EXPANSION, RECONSTRUCTION AND
RESUMPTION OF NONCONFORMING USES; PROVIDING FOR THE
ABATEMENT OR DISCONTINUANCE OF NONCONFORMING USES
UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS
ORDINANCE SIIALL 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
AN EFFECTIVE DATE
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; 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, including nonconforming uses, within the city limits; and
WHEREAS, the City Council finds that nonconforming uses are generally
incompatible with surrounding permitted uses and therefore adversely affect property
values and the quiet enjoyment of adjacent properties and the City as a whole; and
WHEREAS, the City Council now deems it necessary and in the best interest of the
public health, safety and welfare to adopt specific regulations applicable to nonconforming
uses which are or 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:
f:\files\muni\ken\ordinanc\amortiza.f2 (06-09-94)
SECTION 1.
Section 17-428 of the Zoning Ordinance of the City of Kennedale, Texas is hereby
amended to read as follows:
"SECTION 17-428 NONCONFORMING USES
A. PURPOSE AND INTENT
(1) Within the districts established by this ordinance, as amended,
there may exist buildings or uses of land and buildings which were
lawful before this ordinance was passed or amended, but which would
be prohibited, regulated or restricted under the terms of this ordinance
or future amendments. Such nonconforming buildings or uses of land
and buildings maybe continued although they do not conform with the
provisions of this ordinance, subject to the limitations and conditions
set forth in this section. Such nonconforming uses are declared by this
ordinance to be incompatible with permitted uses in the districts
involved.
(2) With due regard for the property rights of the persons affected
when considered in light of the public welfare, the character of the
area surrounding the nonconforming use and the conservation and
preservation of surrounding properties and their values, it is the
declared purpose of this ordinance that nonconforming uses be
eliminated and be required to conform to the regulations prescribed
in this ordinance.
B. BUILDING ON NONCONFORMING LOTS OF RECORD
In any district, buildings may be erected on any single lot of record,
provided there is access to such buildings from a street and the lot is
in the same ownership as recorded on the effective date of this
ordinance. This provision shall apply even though the lot fails to
meet the minimum requirements for area, width, or depth for the
district in which it is located; however, all other requirements shall still
apply. All buildings constructed on nonconforming lots of record shall
meet all development regulations in the district unless proper variances
are granted by the board of adjustment. No building shall he
constructed on multiple lots. Whenever construction is desired on
multiple lots, the property owner or his/her agent shall replat the
property into a single lot.
C. NONCONFORMING BUILDINGS
Repairs and alterations may be made to a nonconforming building,
f:\files\muni\ken\ordinanclamortiza.f2 (06-(J9-94) 2
provided that no structural alterations shall be made except those
required by law or ordinance, unless the building is brought into
conformity with the provisions of this ordinance.
D. NONCONFORMING USE OF BUILDINGS
A nonconforming use of a building shall not be increased or enlarged
and no occupancy of additional buildings or land by a nonconforming
use shall be permitted except that a nonconforming use of a building
may be extended throughout any parts of the building which were
manifestly arranged or designed for such use and which were owned
or leased by the owner of the nonconforming use on the effective
date of this ordinance, provided no structural alterations, except those
required by ]aw or ordinance, are made, and provided further that no
additional dwelling units shall be added where the nonconforming use
results from there being more dwelling units on the lot than is
permissible in the district in which the building is located. The board
of adjustment shall have the authority to permit an extension of a
building which is nonconforming as to uses not to exceed twenty-five
percent (25%) of the existing floor area, subject to the development
regulations applicable in the zoning district. If no structural alterations
are made, a nonconforming use of a building may be changed to
another nonconforming use permitted in the same or a more restricted
zoning district.
E. NONCONFORMING USE OF LAND
A nonconforming use of land may not be expanded or extended
beyond the area of the land actually being occupied by the use at the
time it becomes nonconforming, except to provide off street loading
or off street parking space facilities. Notwithstanding the above, the
board of adjustment may permit an expansion of a nonconforming
use of land on a lot of record not to exceed twenty-five percent (25%)
of the existing area of the land actually being occupied by the
nonconforming use, subject to the development regulations applicable
in the zoning district. A nonconforming use of land may be changed
to another nonconforming use permitted in the same or a more
restricted zoning district, provided that no buildings or structures are
constructed.
F. DISCONTINUANCE OR ABANDONMENT
(1) A nonconforming use, when discontinued or abandoned, shall
not be resumed and any further use shall be in conformity with the
provisions of this ordinance. Discontinuance or abandonment shall be
defined as follows:
f:\files\muni\ken\ordinauc\amortiza.f2 (06-09-94) 3
(a) When land used for a nonconforming use shall cease to
be used in a bona fide manner for the nonconforming use for
sixty (60) consecutive calendar days.
(b) When a building designed or arranged for a
nonconforming use shall cease to be used in a bona fide
manner as a nonconforming use for a period of six (6)
consecutive calendar months.
(c) When a building designed or arranged for a conforming
use shall cease to be used in a bona fide manner as a
nonconforming use fora period of three (3) consecutive
calendar months.
(d) When land or a building used only on a seasonal basis
is not used in a bona fide manner as a nonconforming use
during such season.
(2) Discontinuance or abandonment shall be conclusively deemed
to have occurred irrespective of the intent of the property owner if the
nonconforming use was dilapidated, substandard, or was not
maintained in a suitable condition for occupancy during the above time
periods.
(3) Upon evidence of hardship, the board of adjustment shall have
the power to extend the time limits in paragraph 1 not to exceed one
(1) year.
G. DESTRUCTION OF NONCONFORMING USE
(1) If a nonconforming building or a building occupied by a
nonconforming use is destroyed by fire, the elements or otherwise, it
may not be reconstructed or rebuilt except to conform with the
provisions of this ordinance unless the destruction amounts to less
than fifty percent (50%) of its fair market value at the time of
destruction.
(2) If the destruction is greater than fifty percent (50%) and less
than total, the board of adjustment may, after a public hearing,
authorize repair, taking into consideration the property owner's
circumstances and the effect on surrounding properties.
(3) Upon submission by the owner of sufficient evidence to prove
that the destruction amounts to less than fifty percent (50%) of the
total value of the entire nonconforming use and that the destroyed
building or structure constituted an integral part of the nonconforming
use without which the nonconforming use cannot be profitably
f:\files\munilken\ordinanc\amortiza.f2 (06-09-94) 4
operated, the board of adjustment may permit the reconstruction of
such destroyed building or buildings under conditions which reasonably
allow the owner to recoup his original investment.
(4) Notwithstanding anything herein to the contrary, a single family
residence which is destroyed shall be permitted to be reconstructed
without board of adjustment approval regardless of the extent of
destruction provided that the construction complies with all current
building codes and is commenced within six (6) months of the date of
destruction. The failure of the owner to start such reconstruction
within six (6) months shall forfeit the owner's right to restore or
reconstruct the dwelling except in conformance with this ordinance.
(5) If the owner of a nonconforming use fails to begin
reconstruction of the destroyed building (when permitted to do so by
the terms of this ordinance) within six (6) months of the date of
destruction or approval by the board of adjustment, the nonconforming
building or use shall be deemed to be discontinued or abandoned as
provided in Paragraph F above.
H. REGISTRATION OF NONCONFORMING USES
The owner of any nonconforming use shall register said nonconforming
use with the Code Enforcement Department within six (6) months of
the effective date of this ordinance. Registration shall be confirmed
by the issuance of a Certificate of Occupancy -Nonconforming which
shall be considered legal evidence of the existence of the
nonconforming use. The Zoning Administrator shall maintain on file
for the City of Kennedale all Certificates of Occupancy -
Nonconforming. After six (6) months from the effective date of this
ordinance, the Board of Adjustment shall have the authority to direct
the City to issue a Certificate of Occupancy -Nonconforming upon
presentation of evidence adequate to satisfy the Board that a building
or land were lawful uses before this ordinance was passed or amended.
A pending request to the Board of Adjustment shall be sufficient
defense against enforcement of Section 5 of this ordinance. In the
event that the owner of a nonconforming use does not register the use
as required, there shall be a rebuttable presumption that the
nonconforming use was not legally existing on the effective date of
this ordinance, and the nonconforming use shall be deemed illegal and
a violation of this ordinance.
I. ADDITIONAL LIMITATIONS AND PROVISIONS REGARDING
NONCONFORMING USES
(1) A nonconforming use or building, if changed to a conforming
use or building, may not be changed back to a nonconforming use or
f:\files\muni\ken\ordinanc\amortiza.f2 (06-09-94) 5
building. Also, whenever a nonconforming use is changed to a use
permitted in a more restricted zoning district, such use shall not
thereafter be changed to a use permitted in a less restricted zoning
district. For the purpose of this regulation, the most restricted zoning
district shall be as specified in the chart located in Section 17-425,
Subsection A, of this ordinance.
(2) No nonconforming accessory use or structure shall continue
after the principal use or structure shall have ceased or terminated
unless the accessory use or structure shall thereafter conform to the
provisions of the zoning district in which it is located.
(3) Nothing contained in this ordinance shall require any change
in the plans, construction or designated use of a building or land
development project for which a building permit was lawfully issued
no more than six (6) months prior to the adoption or amendment of
this ordinance, provided, that such construction shall have been started
at the time such use became nonconforming and shall have been
diligently prosecuted to completion.
(4) The foregoing provisions of this section shall also apply to uses
made nonconforming by subsequent amendments to the zoning
regulations or by annexation into the city limits of Kennedale.
(5) Any use which is permitted as a special exception use by the
board of adjustment shall, upon its establishment, be considered a
conforming use in that district, provided that this regulation shall not
be so interpreted as to waive any conditions placed on the special
exception by the board of adjustment.
(6) The board of adjustment shall, from time to time, on its own
motion, or upon cause presented by interested persons, inquire into
the existence, continuation or maintenance of any nonconforming use
within the city. The board of adjustment may take specific action to
abate, remove, limit or terminate any nonconforming use or building
under reasonable guidelines as set forth in Section 17-430. The
concurring vote of four members of the board shall be necessary to
take any such action."
SECTION 2.
Section 17-430 of the Kennedale Zoning Ordinance is hereby amended by revising
paragraph E thereof to read as follows:
f:\files\muni\ken\ordinanc\amortiza.f2 (06-09-94) 6
"E. JURISDICTION OF BOARD
When in its judgment the public convenience and welfare will be substantially
served and the appropriate use of the neighboring property will not be
substantially or permanently injured, the board may, in specific cases, after
public notice and public hearing and subject to appropriate conditions and
safeguards, take the following action:
(1) Hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the city
administrator, the zoning administrator, or other city officer in the
enforcement of this ordinance;
(2) Hear appeals on zoning boundary disputes;
(3) Initiate on its motion or cause presented by interested property
owners an action to abate, remove, limit or terminate a nonconforming
use or building;
(4) Require the discontinuance of a nonconforming use or building
under a reasonable plan whereby the owner's investment in the
nonconforming use or building can be recouped through amortization
over a definite period of time, taking into consideration the general
character of the neighborhood and the necessity for all property to
conform to the regulations of this ordinance;
(5) Permit the expansion or extension of a nonconforming use in
accordance with the provisions of Section 17-428;
(6) Within the limits prescribed in Section 17-428, the Board may
review nonconforming uses which have been abandoned or
discontinued to determine whether such uses should be allowed to
resume operation. Such action by the Board shall consider any
unnecessary hardship on the property owner if the use is discontinued
and shall have due regard for the public welfare, the character of the
area surrounding such use, and the conservation, preservation and
protection of surrounding properties and their values.
(7) Permit the repair or reconstruction and occupancy of a
nonconforming building or a building containing a nonconforming use
where the building has been destroyed in excess of fifty percent (50%)
but less than the total value as provided in Section 17-428, provided
such reconstruction does not, in the judgment of the board, prevent
the return of such property to a conforming use or increase the
nonconformity of a nonconforming building beyond what is permitted
by Section 17-428. Such action by the board of adjustment shall have
due regard for the property rights of the person or persons affected,
f:\files\munilken\ordinanc\amortiza.f2 (06-09-94) 7
when considered in light of the public welfare, the character of the
area surrounding such structure, and the conservation, preservation
and protection of surrounding properties and their values.
(8) Require the vacation and demolition of a nonconforming
structure which is deemed to be obsolete, dilapidated or substandard;
(9) Permit variances to the development regulations in this
ordinance such as front yard, side yard, rear yard, lot width, lot depth,
lot coverage, minimum setback, off-street parking, off-street loading,
lot area, maximum height, or other building regulations, where the
literal enforcement of the provisions of this ordinance would result in
an unnecessary hardship, or where such variance is necessary to permit
the reasonable development of a specific parcel of land which differs
from other parcels of land in the same district by being of such area,
shape or slope that it cannot be developed in a manner commensurate
with the development permitted upon other parcels of land in the
same district; and
(10) Approve special exception uses which are specifically authorized
by this ordinance."
SECTION 3.
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 4.
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,
f:\files\muni\ken\ordinanc\amortiza.f2 (()6-09-94) g
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 5.
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.
SECTION 6.
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 7.
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.
f:\files\muni\ken\ordinanc\amortiza.f2 (06-09-94) 9
~,
SECTION 8.
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 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 9th DAY OF JUI~ , 1994.
~ / '~ j~j~-GY
MAYOR ~G
ATTEST:
CITY S RETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ - ~'I ` ~l 7'
ADOPTED: June 9 , 1994
EFFECTIVE: June 27, 1994
f:\files\muni\ken\ordinanc\amortiza.f2 (06-09-94) 1~
Fort Worth Star-Telegram
400 W. SEVENTH STREET • FORT WORTH, TEXAS 76102
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates:
' ' AD INVOIOE N0. DESCRIPTION AD SIZE ruin! RATE
INGWLINF
MAY 25 2678721 CL. 358 CITY NOTICEpFDALE 1X26 L 26 4.04 105.04
PUBLIC HEARING
may 2 Jr The Kennedale itv ouncl I
ill holtl a public hearing on
~'~ ~he 9th day of June, 1994, at
it
h
C
-
- ommun
y
7:30 p.m., at t
e
Center, 100 East Broadway
Street Kennedale, Texas to
consldertheadoptlonofappro-
posed amendment to Urdi-
nance No. 40, which address-
.. __
_ es the reg9ulation, and
Imitation of NOn-Conforming
Uses aswellasihedlscon4nu-'.
-
8nce/abatement of certain
Non-Conforming Uses that
pose a th feat to publ is heal Ih,
._,. -.. safety, welfare and property
values of the community. -
Ctitzens are invlied to bepres-
ent at the hearing to dkcuss
- - The proposed amendments.
Additlonalinformailoncan be
~nq~ I red by calling le V) 483-
29 -_-_--_~I G N E
SUBS RIBED AN D SWORN TO BEFORE ME, T I THE 25T F MAY, 199
NOTARY PU LIC
T RRANT COU NTY, TEXAS
~ntti rx°''I LIMDA K
^p. .~, BLEVINS A F AFFIDAVIT S 15.0 0
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COMMISSI
iV EXPIRES
_ _ _ _ _ _ _ _
~; ~,+==' SEPTEM9
,F o, ~n R 13, 1997 12 0.0 4
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMtNI-~
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT;
CITY OF KENNEDALE
Publishers Of:
EVERMAN TIMF,S
KENNEDALE NEWS
FOREST HILL NEws
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath;
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of;
Ordinance #51
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JUNE 1 b, 1994
EXECUTED THIS, THE 12TH, DAY OF JULY, 1994
NNIFER CA
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 12TH, DAY OF JULY, 1994
>I
~,
HN EDD BLESSING
NOTARY PUBLIC
a;";'';.
:,. `: JOHN EDD BLESSING TEXAS
py . ,g,: MY COMMISSION EXPIRES
'-'',q~*• July 10, 1897