O451ORDINANCE NO. 451
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
ARTICLE VIII "FENCING AND SCREENING" OF CHAPTER 4
"BUILDINGS AND BUILDING REGULATIONS" OF THE KENNEDALE
CITY CODE OF ORDINANCES (1991), AS AMENDED, BY ADDING
PROVISIONS REGARDING OUTDOOR/OUTSIDE STORAGE AND
DISPLAY; AMENDING SECTIONS 17-424 "OFF- STREET PARKING
AND LOADING REQUIREMENTS GENERALLY" AND 17-425
"SCREENING REQUIREMENTS" OF ARTICLE VI "ZONING" OF
CHAPTER 17 "PLANNING AND DEVELOPMENT" REGARDING
SCREENING REQUIREMENTS APPLICABLE TO SPECIFIED USES;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) 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 has previously adopted regulations governing fencing and
screening in order to promote safety, protect the character and stability of residential,
commercial, and industrial areas, to conserve the value of land, buildings, and
neighborhoods, and to enhance the aesthetic and visual image of the City; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to adopt the proposed amendments to its fencing and screening
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
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SECTION 1.
Section 4 -201 "Definitions" of Article VIII "Fencing and Screening" of Chapter 4
"Buildings and Building Regulations ", of the Kennedale City Code, is hereby amended
by adding the following definition:
Outdoor /outside storage means the keeping or storing as an accessory/incidental
use of any merchandise (items intended for sale, service, lease, or rent), equipment,
machinery, commodities, raw or semi - finished materials, wrecked or dismantled
vehicles, and /or building materials which are not within a fully enclosed building. Other
types of waste /surplus materials, such as construction /demolition byproducts (e.g.,
carpet remnants, scrap lumber /metal /masonry materials, leftover /surplus display
shelving components or other furnishings, demolition materials, etc.), shipping materials
(e.g., boxes, foam packaging, pallets, etc.), automotive components (e.g., old tires,
salvaged parts, etc.), and other similar byproducts are not generally considered to be
included under this definition and must be properly disposed of (i.e., removed from the
site; not stored) in a timely manner.
SECTION 2.
Article VIII "Fencing and Screening" of Chapter 4 "Buildings and Building
Regulations ", of the Kennedale City Code, is hereby amended by adding new Sections
4 -226 and 4 -227 to read as follows:
Sec. 4 -226. Outside /outdoor storage regulations.
(a) All outside /outdoor storage, when permitted, shall:
(1) Not be located within twenty -five (25) feet of the nearest right -of -way line
to a public street; and
(2) Be screened in accordance with Sec. 17 -425 of this code (Screening
requirements), except where regulated by overlay districts; and
(3) Not be located within any required setbacks or within any required
landscaped areas; and
(4) Not block or restrict sidewalks or other pedestrian or required
handicapped - accessible paths and access ways for safety; and
(5) Not block or restrict required parking spaces or vehicular flow within
parking lots; and
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(6) Not block or restrict fire lanes or fire lane visibility; and
(7) Not block or restrict access to building entrances and exits; and
(8) Not impede vehicular traffic flow on adjacent streets or restrict or block the
line of sight for incoming and outgoing vehicles; and
(9) Not block or restrict required lighting.
(b) Any building or use in existence before the effective date of this article shall be
required to comply with the outside /outdoor storage regulations when the land use or
ownership changes.
(c) The director of development may allow exceptions to subsection (a)(3) of this
section for small lots that otherwise meet the requirements of this section and when
granting an exception will not negatively affect the city's ability to protect the health,
safety, and welfare of the city.
Sec. 4 -227. Outside /outdoor display regulations.
(a) All outside /outdoor display, when permitted, shall:
(1) Not be located within ten (10) feet of the nearest right -of -way line to a
public street; and
(2) Not be located within any required setbacks or within any required
landscaped areas; and
(3) Not block or restrict sidewalks or other pedestrian or required
handicapped - accessible paths and access ways for safety; and
(4) Not block or restrict required parking spaces or vehicular flow within
parking lots; and
(5) Not block or restrict fire lanes or fire lane visibility; and
(6) Not block or restrict access to building entrances and exits; and
(7) Not impede vehicular traffic flow or restrict or block the line of sight for
incoming and outgoing vehicles; and
(8) Not block or restrict any required lighting; and
(9) Not be used as outside /outdoor storage.
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(b) The director of development may allow exceptions to subsections (a)(1) or (a)(2)
of this section for small lots that otherwise meet the requirements of this section and
when granting an exception will not negatively affect the city's ability to protect the
health, safety, and welfare of the city.
SECTION 3.
Sections 17 -424 "Off- street Parking and Loading Requirements Generally" and
17 -425 "Screening Requirements" of Article VI "Zoning" of Chapter 17 "Planning and
Development" of the Kennedale City Code, are hereby amended to read as follows:
Sec. 17 -424. Off - street parking and loading requirements generally.
(a) Purpose. To secure safety from fire, panic and other dangers; to lessen
congestion in the streets; to facilitate the adequate provision of transportation; to
conserve the value of buildings; and to encourage the most appropriate use of land,
minimum off - street parking and loading areas shall be provided as set forth in the
following schedules and provisions.
(b) General provisions for off - street parking.
(1) Off - street parking required by this zoning ordinance shall be on an all -
weather surface and shall be connected by an all- weather surfaced
driveway to an approved public or private street or alley. For new
construction or development started after the effective date of this article,
an all- weather surface shall be either asphalt or concrete pavement. For
existing development and new residential development located on one (1)
or more acres started after the effective date of this article, an all- weather
surface shall be either asphalt or concrete pavement, crushed rock, stone,
gravel or other similar semi - permeable surface.
(2) No parking space shall be less than eighteen (18) feet in length (twenty -
two (22) feet for parallel parking) and nine (9) feet in width. Exception:
parking spaces may be reduced in length when a tire -stop curb is installed
sixteen (16) feet from the maneuvering lane and a clear space of two (2)
feet is provided for a vehicle overhang. The overhang is not permitted over
public property or a setback in which parking is not permitted.
(3) Required off - street parking for residential uses shall be provided on the lot
or tract occupied by the principal use. Required off - street parking for non-
residential uses shall be provided on the lot or tract occupied by the
principal use; however, the city may permit either required or additional
off - premise parking, as a special exception, under such regulations and
conditions as the board of adjustment may deem advisable when the
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proposed parking facility is on a platted lot within three hundred (300) feet
of the principal use property. In the case of churches, off -site parking may
be permitted by the board; provided, it is located within one thousand
(1,000) feet of the church building.
The city council shall approve the location of entrances and exits to these
parking facilities and may require screening devices along the parking
facility boundaries.
(4) In determining the required number of parking spaces, fractional spaces
shall be counted to the nearest whole space. Parking spaces located in
buildings used for repair garages or car washes shall not be counted as
meeting the required minimum parking.
(5) The floor area of structures devoted to off - street parking of vehicles shall
be excluded in computing the floor area for off - street parking
requirements.
(6) Where a lot or tract of land is used for a combination of uses, the off - street
parking requirements shall be the composite or sum of the requirements
for each type of use and no off - street parking space provided for one (1)
type use or building shall be included in calculation of the off - street
parking requirements for any other use or building except as prescribed by
this zoning ordinance.
(7) Head -in parking spaces so situated that the maneuvering of a vehicle in
entering or leaving such spaces is done on a public street or within public
right -of -way shall not be classified as off - street parking in computing any
parking requirements herein.
The construction of head -in parking as described above shall be
prohibited hereafter. All such head -in parking facilities in existence at the
time of the enactment of this section are hereby declared to be a
nonconforming use of land subject to the provisions of section 17 -428 of
this article.
(8) No off - street parking facility shall be located, either in whole or in part, in a
public street or sidewalk, parkway, alley or other public right -of -way.
(9) No off - street parking shall be located, either in whole or in part, within any
fire lane required by the city or within aisles, driveways or maneuvering
areas necessary to provide reasonable access to any parking space.
(10) Tandem parking is prohibited, unless specifically authorized by variance
granted by the board of adjustment.
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(11) No required off - street parking facility shall be used for sales, non - vehicular
storage, repair or service activities.
(12) Lighting facilities, if provided, shall be so arranged as to be reflected away
from property zoned or used for residential purposes.
(13) For all multifamily and non - residential uses, parking spaces shall be
striped or otherwise clearly designated on the parking facility surface, and
shall not include any fire lane or other area necessary for aisles or
maneuvering of vehicles.
(c) Parking in yards prohibited. No person shall park any vehicle or trailer in any
front or side yard in any residential district except on an all- weather parking surface
which is provided to accommodate off - street parking.
(d) Handicapped parking requirements. The owner of private property open to the
public for public purposes shall designate specific parking spaces for the disabled in
conformance with the rules promulgated by the state purchasing and general services
commission. All such spaces shall be striped and designated by signs located where it
will not be obscured.
(e) Off - street loading requirements. All commercial and industrial uses shall be
provided with off - street facilities for receiving and loading merchandise, supplies and
materials within a building or on the lot or tract. Such off - street loading space may be
adjacent to a public street or alley, private service drive, or may consist of a truck berth
within the structure. No loading docks shall be constructed facing on any public street or
highway unless said loading dock is at least seventy -five (75) feet from the right -of -way
line of the street or highway on which said loading dock fronts. Such off - street loading
space or truck berth shall consist of a minimum area of ten (10) feet by forty -five (45)
feet and such spaces or berths shall be provided in accordance with the following
schedule:
TABLE INSET:
Square Feet of Gross Floor Area in
l Structure
Minimum Required Spaces or Berths
0 to 5,000
0
5,000 to 25,000
1
25,000 to 45,000
2
45,000 to 65,000
3
65,000 to 100,000
4
Each additional 50,000 or portion thereof
1
The existence of a twenty -foot alley adjacent to the property shall be construed as
equivalent to one (1) berth. All off - street loading spaces shall have an all- weather
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surface of asphalt or concrete construction and shall be accessible by a street, driveway
or alley.
(f) Counting parking and loading space twice prohibited. No part of any off - street
parking or loading space required in connection with any building for the purpose of
complying with these zoning regulations shall be included as a part of any off - street
parking or loading space similarly required for any other building.
(g) Loading docks which are permitted to face a public street:
(1) Shall be totally screened from view from the public street by an eight -foot
high screening wall constructed of a permanent building material as set
forth in subsection (i) hereof, with no openings except for driveway
access; and
(2) Shall not be located within seventy -five (75) feet of the nearest right -of-
way line of the public street.
The following diagram provides an illustration of these regulations as
applied to the loading dock permitted on a side wall:
Eight foot high
opaque screen
•tom
•its
F - — 48' ---1
75' Loading Dock Setback
25' Building Setback
ROAD
(h) No loading dock shall be permitted or approved unless it is shown that it is set
back a sufficient distance from any public street and right -of -way so that all loading
operations, parking, storage, and vehicular maneuvering into or out of loading dock
spaces shall take place outside of any public street or right -of -way. The director of
development shall determine whether the setback distance is sufficient.
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(i) Loading dock screening materials. Except where otherwise permitted in the city
code, screening walls shall be constructed of masonry or pre -case stamped concrete,
and screening materials shall be consistent with the exterior finish of the main building
in material and color. No screening wall or fence shall be constructed of materials not
manufactured or designed for the primary purpose of wall or fence construction. Gates
shall be steel and painted in color corresponding to the primary structure.
(j) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening may begin.
Sec. 17 -425. Screening requirements.
(a) Screening required between incompatible zoning districts. Insofar as practical,
screening must be erected, placed, grown and maintained along the common boundary
line of incompatible zoning districts before any use is made of the property. This
screening requirement shall be the responsibility of the owner of the less restrictive
district, with the agricultural and single - family residential districts (AG, R -1, R -2, and R -3
districts) being the most restrictive and the industrial district being the least restrictive
district. This is illustrated by the following chart:
TABLE INSET:
(Most Restrictive)
"AG, R -1, R -2, R -3" Single- family districts
"D" Two - family residential district
"MH" Mobile home residential district
"OT" Old Town district
i
"MF" Multifamily
"C -0, C -1, C -2" Commercial districts
(Least Restrictive)
"I" Industrial district
Such screening shall not be less than six (6) feet in height nor greater than eight (8) feet
in height. However, no fence, wall, or hedge on a corner lot shall have a height in
conflict with the regulations governing visibility at intersections as prescribed in section
17- 405(c)(6) of this article. Such screening shall also be in conformance with article VIII
of chapter 4 of this Code that addresses fencing and screening.
(b) Parking lots, playgrounds, ballfields, tennis courts and swimming pools to be
screened. Any commercial parking lot, playground, ballfield, tennis court, or swimming
pool when adjacent to any residential use or district, shall be suitably screened from
view with screening shrubs or masonry wall. Such screening shall be at least two (2)
feet in height.
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(c) Garbage, refuse and trash collection /storage areas to be screened. Garbage,
refuse, and trash collection /storage areas in any multifamily residential district,
condominium or townhouse project, or non - residential district or use, shall be screened
on at least three (3) sides to adequately screen such area from view of the surrounding
area. (See section 17- 405(c)(8).) Such screening shall be accomplished by either
enclosing the dumpster with screening device of height in accordance with subsection
(4) hereof, or vegetation great enough in height and volume to screen collection /storage
areas from view of the surrounding area.
(1) Screening materials. Except where otherwise permitted in the city code,
screening walls shall be constructed of masonry or pre -case stamped
concrete, and screening materials shall be consistent with the exterior
finish of the main building in material and color. No screening wall or
fence shall be constructed of materials not manufactured or designed for
the primary purpose of wall or fence construction. Gates shall be steel
and painted in color corresponding to the primary structure.
(2) Vegetation. If vegetation is used for screening, native and adapted,
drought tolerant plants are preferred.
(3) Maintenance of screening. Every screening wall and screening fence
shall be adequately maintained by the property owner. All plant materials
used for screening shall be maintained in a healthy and growing condition
as is appropriate for the season of the year. Maintenance shall include
watering, trimming, pruning, etc. Plant materials that die shall be replaced
with plant material of similar variety and size.
(4) Height of screening materials. Screening walls, fences, and vegetation
shall be a minimum of one (1) foot in height above the materials being
stored, and screening walls and fences shall not be greater than eight (8)
feet in height. Materials being stored shall not be stored higher than one
(1) foot below the screening provided.
(5) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening
may begin.
(d) Maintenance of screening devices. All screening devices shall be perpetually
maintained by the owner of the property.
(e) Outside storage to be screened.
(1) Screening device. Outside storage, when permitted, shall be screened on
all sides to adequately screen such from view of the surrounding area.
Such screening shall be accomplished by either enclosing the materials to
be stored with a screening device with height in accordance with
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subsection (5) hereof, or vegetation great enough in height and volume to
screen stored materials from view of the surrounding area. The director of
development shall determine whether vegetative screening meets the
requirements of this section.
(2) Salvage yards. Special screening regulations for salvage yards are
prescribed in Section 17- 420(m).
(3) Screening materials. Screening materials shall comply with the following
provisions:
a. Except where otherwise permitted in the city code, screening walls
shall be constructed of masonry or pre -case stamped concrete, and
screening materials shall be consistent with the exterior finish of the
main building in material and color. No screening wall or fence
shall be constructed of materials not manufactured or designed for
the primary purpose of wall or fence construction. Gates shall be
steel and painted in color corresponding to the primary structure.
b. If vegetation is used for screening, native and adapted, drought
tolerant plants are preferred.
(4) Maintenance of screening. Every screening wall and screening fence
shall be adequately maintained by the property owner. All plant materials
used for screening shall be maintained in a healthy and growing condition
as is appropriate for the season of the year. Maintenance shall include
watering, trimming, pruning, etc. Plant materials that die shall be replaced
with plant material of similar variety and size.
(5) Height of screening wall. Screening walls, fences, and vegetation shall be
a minimum of one (1) foot in height above the materials being stored, and
screening walls and fences shall not be greater than eight (8) feet in
height. Materials being stored shall not be stored higher than one (1) foot
below the screening provided.
(6) Approval of screening design. Screening designs must be approved by the
director of development before construction or installation of screening
may begin.
SECTION 4.
PENALTY FOR VIOLATION
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 no more than Two Thousand Dollars ($2,000.00) for all violations
involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in
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addition shall pay all costs and expenses involved in the case. Each day a violation
occurs is a separate offense. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 5.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting fencing and screening, and shall not
repeal any of the provisions of such ordinances except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
SEVERABILITY CLAUSE
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 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code (1991), as amended, or
any other ordinances regarding fencing and screening 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.
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SECTION 8.
PUBLICATION CLAUSE
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 3.10 of the City of Kennedale Charter.
SECTION 9.
EFFECTIVE DATE
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 8th DAY OF APRIL, 2010.
Bryan Lankhorst, Mayor
ATTEST:
D
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
tile
City Attorney
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