O328OFFICIAL CITY
SECRETARY'S COPY
ORDINANCE NO. 328
AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY
CODE (1991), AS AMENDED, BY AMENDING THE SCHEDULE OF
DISTRICT REGULATIONS; BY PROVIDING FOR BUILDING ON
NONCONFORMING LOTS OF RECORD; 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; 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, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a Comprehensive Zoning Ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other purposes
and providing for a method to amend said ordinance and map forthe purpose or promoting
the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the city council of the City of Kennedale, Texas, does hereby deem it
advisable and in the public interest to amend the Comprehensive Zoning Ordinance and
Chapter 17 of the Kennedale City Code as described herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission
of the City of Kennedale on the 19th day of January, 2006, and by the City Council of the
City of Kennedale on the 9th day of March, 2006, with respect to the amendments contained
herein; and
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WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the Comprehensive
Zoning Ordinance and Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
That Section 17-405(d) of the Kennedale City Code, "Schedule of District
Regulations Adopted", is hereby amended as shown on the attached and incorporated
Exhibit "A" hereto.
SECTION 2.
That Section 17-428 of the Kennedale City Code, "Nonconforming Uses", is hereby
amended by revising paragraph (b) to read as follows:
(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 or houses from a street. This provision shall apply even though the
lot fails to meet the minimum requirements of area, width, or depth, for the
district in which located; however, all other requirements shall still apply. Any
buildings constructed on nonconforming lots of record shall meet all
development regulations in the district unless property variances are granted
by the board of adjustment. No building or structure shall be 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.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and the Code of
the City of Kennedale, Texas, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
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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,
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 Chapter 17 of the Kennedale City Code (1992), as
amended, or any other ordinance or code provision affecting land use 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.
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SECTION 7.
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 8.
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 9t'' DAY OF MARCH, 2006.
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