O267r- w
ORDINANCE N0.267
AN ORDINANCE ADDING ARTICLE VII TO CHAPTER 17 OF THE
CITY'S COMPREHENSIVE ZONING ORDINANCE, AS AMENDED,
PROVIDING FOR REGULATIONS OF SIGNS WITHIN THE CITY AND
ITS EXTRATERRITORIAL JURISDICTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVH)ING 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 Planning and Zoning Commission and the City Council of the City of
Kennedale desire to adopt the regulations of signs within the City and its Extraterritorial Jurisdiction,
as provided herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission on the
15`" day of February, 2001, and by the City Council on the 8~' day of March, 2001, with respect to the
zoning amendments described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners, publication,
and all procedural requirements have been complied with in accordance with the comprehensive
zoning ordinance and Chapter 211 of the Local Government Code; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public
interest to amend the Comprehensive Zoning Ordinance, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 17 of the Kennedale City Code is hereby amended by adding Article VII, "Signs" to
read as follows:
ARTICLE VII. SIGNS
Sec. 17-501. Purpose.
This chapter provides standards for the erection and maintenance of signs. All signs not
exempted as provided in this article shall be erected and maintained in accordance with these
standards. The general obj ectives of these standards are to promote the safety of persons and property
by providing that signs create a hazard, to promote the efficient transfer of information in sign
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messages, and to protect the public welfare and enhance the appearance of the City and the economic
value of properties.
Sec. 17-502. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animation means copy or other images that flash or move or otherwise change.
Billboard means a freestanding sign containing at least 128 square feet of face area and owned by
a person who engages in the business of selling the advertising space on that sign.
Building means a structure that has a roof supported by columns or walls for the shelter, support or
enclosure of persons, animals or property.
Building frontage means the width of the front-facing facade of the primary building located on a
premises, or the building on which a sign is proposed to be located. If it is unclear which side is the
front-facing facade, the side on which the primary customer entrance door is located shall be deemed
the front-facing facade. In no circumstances may a building have more than one "building frontage."
City means the City of Kennedale.
City Manager means the city manager of the City of Kennedale
Commercial message means a message placed or caused to be placed before the public by a person or
business enterprise directly involved in the manufacture or sale of the products, property,
accommodations, services, attractions, or activities or possible substitutes for those things which are
the subject of the message and that: (A) refers to the offer for sale or existence for sale of products,
property, accommodations, services, attractions, or activities; or (B) attracts attention to a business or
to products, property, accommodations, services, attractions, or activities that are offered or exist for
sale or for hire.
Copy means letters, characters, illustrations, logos, graphics, symbols, writing or any combination
thereof, designed to communicate information of any kind.
Effective area means the area enclosed by drawing a rectangle of horizontal and vertical lines that fully
contain all extremities of the sign drawn to scale, including architectural design elements such as
decorative bordering, but exclusive of the sign supports.. When a sign has two or more faces, the area
of all faces shall be included in determining the effective area, except that when two faces are placed
back to back and are at no point more than two feet from one another, the effective area shall be taken
as the area of one face if the two faces are of equal area, or as the area of the larger face if the two
faces are of unequal area.
Facade means any separate face of a building, including parapet walls and omitted wall lines. When
separate faces are oriented in the same direction, or in directions within 45 degrees of one another,
they are considered part of a single facade.
Luminescent gaseous tubing means exposed tubes used in or as signs and that contain luminescent
inert gases including, but not limited to, neon, argon and krypton.
Non-commercial message means any message that is not a commercial message.
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Person includes without limitation an individual, corporation, sole proprietorship, government or
governmental subdivision or agency, trust, or partnership.
Premises means a lot or tract, or a combination of contiguous lots or tracts if the lot or tract, or
combination, is under single ownership and is reflected as a single premise in the plat records of the
City.
Responsible party means the owner, operator, occupant, employee or other person working at,
employed by, responsible for, or in charge of the premises at issue, and includes the name of the
advertiser or other person whose name appears on the sign.
Sign means any device, object, structure, flag, light, figure, picture, letter, word, message, symbol,
marker or poster affixed directly or indirectly to or on any building or outdoor structure, or erected or
maintained on land, and designed to inform, display, identify, advertise, direct, or attract attention to
an object, building, person, institution, organization, business, product, service, event, or location.
Sign Administrator means the City Manager or his designee.
Sign, attached means any sign attached to, applied on or supported by any part of a building (such as a
wall, window, canopy, awning, arcade or marquee).
Sign, banner means a temporary sign composed of lightweight material secured or mounted so as to
allow movement caused by wind.
Sign, construction means a temporary sign erected on the premises on which construction is taking
place during the period of such construction, indicating the names of the owners, architects, engineers,
landscape architects, contractors, or similar persons engaged in the design, construction, or
improvement of the premises on which the sign is located.
Sign, detached means any sign connected to the ground that is not an attached sign, including signs on
movable objects, but excluding signs on vehicles that are moving or are parked only temporarily,
incidental to their principal use for transportation.
Sign, monument means a detached sign having a low profile and made of stone, concrete, metal,
routed wood planks or beams, brick or similar materials, including individual lettering, that repeat or
harmonize with the architecture of the establishment that it serves.
Sign, movement control means a sign that directs vehicular or pedestrian movement within or into the
premises on which the movement control sign is located.
Sign, off-premises means any sign that is not a premises sign.
Sign, pole means a sign supported by and placed upon not more than two poles.
Sign, political means any type of sign that refers to the issues or candidates involved in a political
election; or that espouses a political cause or expresses a person's or group's viewpoint or opinion on
an issue.
Sign, portable means a sign that is easily moved from one location to another, including a sign that is
mounted on skids, trailers, wheels, legs or stakes, and that is not fixed permanently to the ground, and
that is not an attached sign, political sign, or areal-estate sign.
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Sign, premises means any sign for which the content relates to the premises on which the sign is
located and that refers exclusively to the name, location, products, persons, accommodations, services
or activities of or on those premises, or the sale, lease or construction of those premises.
Sign, protective means any sign that is commonly associated with safeguarding the permitted uses of
the occupancy, including, but not limited to, "dangerous dog," "no trespassing," and "no solicitors."
Sign, real estate means a temporary sign pertaining to the sale or rental of property on which the sign
is located.
Sign support means any pole, post, strut, cable or other structural fixture or framework necessary to
hold and secure a sign, providing that such fixture or framework is not imprinted with any copy using
characters in excess of one inch in height, or is internally or decoratively illuminated.
Sign, temporary means anon-permanent sign that is displayed for no more than 30 consecutive days
within any six-month period.
Sign, vehicular means any sign on a vehicle.
Special event means commercially related events of a unique or one time nature as well as events that
are sponsored in whole or part by the City, the latter of which must be designated by City Council
action.
Visibility triangle means a triangle sight area, at all intersections, which shall include that portion of
public right-of--way and any corner lot within the adjacent curblines and a diagonal line intersecting
such curblines at points 30 feet back from the intersection.
Sec. 17-503. Administration and enforcement.
(a) Responsible authority. The City's Sign Administrator shall be responsible for administering
and enforcing the provisions of this article.
(b) Duties. The owner of a sign, the owner of the premises on which a sign is located, and/or the
occupant of a premises on which a sign is located, when such sign is regulated by this article,
shall be responsible for complying with all provisions of this article and may be cited for any
violations of this article.
Sec. 17-504. Compliance with laws required; conflict.
(a) Applicability. No sign shall be erected or maintained within the City of Kennedale or its
extraterritorial jurisdiction except in accordance with the provisions of this article and all
applicable state laws and with the building code, electrical code, and other applicable
ordinances of the City. In the event of a conflict between this article and other laws, the most
restrictive standard applies.
(b) Exception. Nothing in this article is intended to supercede or apply to the requirements and
regulations relating to Garage Sales and signs as set forth in Chapter 11, Article 1X, of the
Kennedale City Code.
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Sec. 17-505. Maintenance of signs.
Every sign in the City, regardless of whether any permit is required for such sign, shall be
maintained in a safe, presentable and sound structural and operational condition at all times,
including replacing malfunctioning, broken, defective, or missing parts, painting, repainting,
cleaning, and performing any other acts required for the maintenance of such sign. All signs and sign
supports shall be kept painted or otherwise treated to prevent rust, rot or deterioration. Signs not
meeting the standards imposed by this article shall be subject to removal or repair.
Sec. 17-506. Fees; permits.
(a) Permit required. No person shall cause a sign to be erected, constructed, relocated, altered,
repaired or maintained until a permit for such has been issued and the fee paid, except as
otherwise provided in this article.
(b) Applications for permit. All applications for permits under this article shall include a
drawing to scale o£
(1) the proposed sign, including without limitation the height, length, width, and effective
area of the sign, and the dimensions of the sign supports,
(2) all existing signs maintained on the premises and visible from the right-of--way
immediately adjacent to the premises,
(3) the position of the proposed sign in relation to rights-of--way, easements, buildings,
structures, and existing signs,
(4) the plot plan or building facade indicating the proposed location of the sign, and
(5) if the owner of the premises is not the responsible party for the premises, the
application shall include the written consent of the owner.
(c) Fees; late charges. Every applicant, before being granted a permit under this article, shall
pay the applicable fee as set by the City Council. The City shall not grant a refund for a sign
permit after such fee has been tendered. When a sign is erected, constructed, relocated,
altered, repaired, or maintained, or work is in any manner started on a sign, before obtaining
a sign permit, there shall be a late fee equal to twice the amount of the sign permit fee. The
late fee does not excuse full compliance with the provisions of this article.
(d) Action on permit. The Sign Administrator shall review all permit applications and make a
decision on whether to grant or deny the permit within fourteen (14) days of submittal of a
fully completed application. If additional information is required of an applicant in order to
complete an application, the applicant shall be notified of such requirement within fourteen
(14) days. Thereafter, the code enforcement officer shall make a decision on whether to
grant or deny the permit within fourteen (14) days of receipt of such additional information
or a written certification from the applicant that the application is complete.
(e) Denial of permit. The Sign Administrator may deny issuance of a permit whenever the Sign
Administrator determines that the applicant has provided incorrect or false information, or
that the activity or sign for which the permit is requested would be in violation of any of the
provisions of this article or any other ordinances of the City or laws of this state or the
federal government.
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(fj Revocation of permit. The Sign Administrator may revoke any permit issued under the
provisions of this article whenever the Sign Administrator determines that the permit is
issued in error or on the basis of incorrect or false information, or whenever such permit is
issued in violation of any of the provisions of this article or any other ordinances of this City
or laws of this state or the federal government. Such revocation shall be effective when
communicated in writing to the permit-holder. Upon such revocation, any erection,
construction, relocation, alteration, repair, or maintenance of a sign related to the revoked
permit shall cease.
(g) Appeal of denial or revocation of permit. A person may appeal the denial or revocation of a
sign permit to the City Council. Such appeal must be in writing and must be presented to the
City Secretary no later than ten calendar days after the City sends written notice to the
address on the permit application denying or revoking the permit. The City Council shall
hear the appeal at a City Council meeting as soon as practicable thereafter to determine
whether the decision of the Sign Administrator was in accordance with all ordinances and
regulations. An adverse decision of the City Council may be appealed by the applicant to
district court by filing a lawsuit within twenty (20) days of the City Council's decision.
(h) Permit valid for 90 days. If the work authorized by a permit issued under this article has not
been commenced within 90 days after the date of issuance, the permit shall become null and
void.
(i) Electrical permit. Prior to issuance of a sign permit for a sign in which electrical wiring and
connections are to be used, an electrical permit must be obtained.. The electrical inspector
shall examine the plans and specifications submitted with the application to ensure
compliance with the electrical code of the City. No sign shall be erected in violation of the
electrical code.
Sec. 17-507. Attached signs.
(a) Generally. Attached signs are permitted in all Restricted Commercial ("C-1"), General
Commercial ("C-2"), and Industrial ("I") zoning districts, as designated bythe City's Zoning
Ordinance, and in a Planned Development ("PD") zoning district if approved by the City
Council, as provided in this section
(b) Specifications.
(1) Commercial off-premises attached signs are prohibited.
(2) All attached signs affixed to the wall of a building must have metal backing.
(3) All attached signs shall be mounted parallel to the building surface. No sign shall
project more than 18 inches from the surface to which it is attached. Signs shall not
be mounted on roofs and shall not project above the roof line above the wall on which
the sign is attached.
(4) Copy on awnings and canopies is prohibited.
(c) Effective Area. The total effective area of attached signs shall not exceed the following:
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(1) On an attached sign for which the top of the sign is placed no higher than 36 feet, the
effective area is limited to one square foot of sign area for each linear foot ofbuilding
frontage, but in no circumstances may the effective area be greater than 100 square
feet.
(2) An attached sign for which the top of the sign is placed higher than 36 feet shall be
permitted an increase in maximum effective area: The sign maybe 100 square feet in
effective area plus four square feet in effective area for each additional one foot of
height above 36 feet, measured from the base of the sign to the building grade.
(3) Only one attached sign maybe located on each facade for each tenant; however, the
sum of the effective area of all attached signs shall not exceed twice the allowable
effective area as specified in subsection (c)(1) or (2) of this section.
(4) Maximum height of copy on attached signs shall be determined by the following
schedule:
Sign Height (in feet) Maximum Copy
Hei ht in inches
0 B 36 16
37 B 48 36
49 and up 72
a. Letter heights in excess of 72 inches must be approved by the City Council.
(5) The effective area of an attached sign shall not exceed twenty-five (25) percent of
the area of the wall (or canopy, marquee, etc.) on which the sign is attached.
(6) The width of an attached sign shall not exceed seventy-five (75) percent of the width
of the wall (or canopy, marquee, etc.) on which the sign is attached.
(d) Window signs. In addition to the attached signs allowed above, a person may have window
signs as follows:
(1) Signs in windows facing public rights-of--way are limited to ten percent of the
window area per facade.
(2) The outlining of a window on two or more of any sides with lighting, luminescent
gaseous tubing, or by any similar means shall constitute 100 percent of the total
window area as a sign.
Sec. 17-508. Detached signs.
(a) Residential zoning districts. Detached signs are permitted in the Two-Family Residential
("D"), Multi-Family ("MF"), and Manufactured Home ("MH") zoning districts, as
designated by the City's Zoning Ordinance, and in a Planned Development ("PD") zoning
district if approved by the City Council, in accordance with the following restrictions:
(1) except as provided in subsection (a)(2), each premises may have not more than one
detached sign;
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(2) premises that have more than 750 feet of frontage along a public way, other than an
alley, may have one additional detached sign for each additional 500 feet of
frontage.
(3) Pole signs are prohibited; only monument signs are allowed.
(b) Nonresidential districts. Detached signs are permitted in the Restricted Commercial ("C-1 "),
General Commercial ("C-2"), and Industrial ("I") zoning districts, as designated by the
City's Zoning Ordinance, and in a Planned Development ("PD") zoning district if approved
by the City Council, in accordance with the following restrictions:
(1) except as provided in subsection (b)(2), each premises may have not more than one
detached sign;
(2) Premises that have more than 450 feet of property frontage along a public way, other
than an alley, may have one additional detached sign for each additiona1300 feet of
frontage.
(3) Premises that have at least 300 feet of frontage along more than one public way,
other than an alley, may have a permanent detached sign along each public way.
(c) Generally.
(1) Off-premises detached signs are prohibited.
(2) Billboard signs are prohibited.
(3) All permanent detached signs must be no closer than 150 feet apart, with no two
detached signs of any type being closer than 50 feet apart.
(4) Detached signs within the visibility triangle at any intersection are prohibited. A
minimum setback of ten feet is required of all detached signs. A minimum setback
of 15 feet from the public right-of--way is required for detached signs exceeding ten
square feet in effective area or ten feet in height. A minimum setback of 20 feet is
required for all detached signs exceeding 20 square feet in effective area or 15 feet
in height.
(d) Specific sign type regulations.
(1) Pole sign specifications. Detached pole signs shall be allowed as set forth in this
subsection:
Single-tenant and multi-tenant pole signs shall be allowed in C-1, C-2, I,
and PD commercial districts as set forth in this subsection.
b. Effective area and height:
single-tenant pole signs must be no more than 36 square feet in
effective area and 20 feet in height measured from ground
elevation to the top of the sign.
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2. multi-tenant pole signs must be no more than 72 square feet in
effective area and 20 feet in height measured from ground
elevation to the top of the signs. No single-tenant shall occupy
more than 36 square feet of effective area on amulti-tenant sign.
c. Design standards
1. Sign supports: 8" X 8" structural steel tubing.
2. Sign cabinet:
(a) Painted grip sheet metal on angle iron frame with angle
retaining rim to secure sign face.
3. Sign face:
(a) Flat, clear acrylic sheet.
(b) All copy and background sprayed on second surface with
acrylic colors.
4. Sign finish: Degrease, prime, and finish coat all exposed metal
surfaces as required.
(2) Monument sign specifications. Detached monument signs shall be allowed as set
forth in this subsection:
a. must be built on a monument base with no separation between the base of
the sign and natural grade;
b. must contain only the name, logo, address and product or service of the
establishment;
c. may be single- or double-faced;
d. shall not exceed six feet in overall height above the natural or average
grade; and
e. the actual sign face shall not exceed 48 square feet in effective area per side.
Sec. 17-509. Real estate signs and construction signs on undeveloped property.
(a) Generally. In addition to other attached and detached signs allowed by this Article, real
estate and construction signs are permitted in all zoning districts as provided by this section.
(b) Signs on undeveloped property. Signs on undeveloped property shall be specifically limited
to real estate and/or construction signs and must comply with sign design and size criteria as
set forth in this section.
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(c) Real estate and construction sign specifications. Property owners may erect a real estate or
construction sign in accordance with the following specifications
(1) no construction sign shall be erected prior to the issuance of a building permit for
the project to which the sign pertains, and the construction sign must be removed
prior to the issuance of a certificate of occupancy;
(2) signs must be spaced at least 50 feet apart along a lot frontage;
(3) no more than four signs are allowed per lot;
(4) the total effective area of each sign may not exceed 36 square feet;
(5) each sign shall be no taller than 16 feet in overall height;
(6) no sign shall not be placed on utility or light poles, whether public or private;
(7) such signs shall be removed immediately upon the earliest of:
a. the property or land to which the signs refer is sold;
b. 75 percent of the property or land to which the signs refer is rented, leased,
or sold; or
at least 18 months have elapsed since the sign permit was issued or since
the first certificate of occupancy (in the case of residential subdivision
development) was issued .
(8) Off-premises real estate and/or construction signs are prohibited.
Sec. 17-510. Movement control signs.
In addition to other attached and detached signs allowed by this Article, movement control
signs are permitted in all zoning districts, maybe attached or detached, and maybe erected without
limit as to number provided that such signs shall comply with the following requirements:
(1) each sign must not exceed two square feet in effective area; and.
(2) the copy must not exceed four inches in height, and may be used for identification
purposes only.
Sec. 17-511. Banner signs.
Banner signs are allowed in Restricted Commercial ("C-1"), General Commercial ("C-2"),
and Industrial ("I") zoning districts, as designated by the City's Zoning Ordinance, and in a Planned
Development ("PD") zoning district if approved by the City Council, in accordance with the
following regulations:
(1) A premises may display one banner sign announcing a grand opening of a new
business. Display of such sign is limited to a maximum of 60 days per opening. The
privilege to begin display of such sign expires six months after the issuance of a
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certificate of occupancy. Use of grand opening signs only apply to new
ownership, tenancy, or use. Size of banner is limited to 50 square feet with at least
one-half of all readable copy stating "Grand Opening" or "Now Open."
(2) A premises may display banner signs containing a message directly relating to a
special event; provided, however, that such banners maybe displayed no more than
14 days prior to the special event, must be removed within two days after the
conclusion of the special event, and maybe displayed for no more than a total of 21
days.
Sec. 17-512. Political signs.
(a) In addition to other attached and detached signs allowed by this article, political signs are
permitted in all zoning districts. There is no limitation on the total number of political signs
for each candidate that are allowed within the City, as long as the signs: (i) have an effective
area that is no greater than thirty-six (36) square feet each; (ii) are no more than eight (8) feet
high; (iii) are not illuminated; and (iv) do not have any moving elements. A permit shall not
be required for the erection of a political sign that meets these requirements.
(b) Notwithstanding anything contained in this article to the contrary:
(1) Any sign that may display a commercial message may display a noncommercial
message in place of the commercial message, so long as the sign complies with the
other requirements of this article and other City ordinances; and
(2) Any sign that may display one type of noncommercial message may also display any
other type of noncommercial message, so long as the sign complies with the other
requirements of this article and other City ordinances.
Sec. 17-513. Exempt signs generally.
(a) Exemption; exceptions. Exempt signs designated under this section are allowed without a
permit in all zoning districts in accordance with this division.
(1) Governmental signs. Nothing in this article shall be construed to regulate the
display of governmental signs, including without limitation, signs for control of
traffic or other regulatory purposes, street signs, danger signs, railroad crossing
signs, signs of public service companies indicating danger and/or aids to service or
safety, and signs depicting entry ways into the City or the location of public facilities
that are erected by or on approval of the City.
(2) National and state flags. Nothing in this article shall be construed to regulate the
display of a national flag and/or state flag whose size does not exceed 40 square feet
and which flag is displayed upon a flagpole that does not exceed 30 feet in height.
(3) Holiday decorations. Nothing in this article shall be construed to regulate tree lights
or attached building lights of a primarily decorative nature, clearly incidental and
customary to the structure and commonly associated with any national, local, or
religious holiday provided such lights shall not:
a. camouflage or divert attention from traffic signals or directional signals;
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b. have wiring that is not in conformity with the electrical code of the City; or
glare upon the street or adjacent property.
(4) Gasoline signs. Nothing in this article shall be construed to regulate gasoline price
per gallon or credit card signs, as long as such signs are mounted on pump islands
only, with maximum effective area of any single sign face not to exceed four square
feet.
(5) Protective signs. Nothing in this article shall be construed to regulate protective
signs, as long as such signs do not:
a. exceed two per premises;
b. exceed one square foot in effective area;
c. exceed two feet in height; and
d. do not contain copy that exceeds four inches in height.
(6) No trespassing; no dumping; no parking. Nothing in this article shall be construed
to regulate no trespassing, no dumping and no parking signs restrictions set forth
elsewhere in this article.
(7) Vehicular signs. Nothing in this article shall be construed to regulate vehicular signs
unless the sign is used or intended to be used as a premise or off-premises sign. It
shall be prima facie evidence that asign isused as apremises oroff-premises sign if
a vehicle is parked at the same location for a continuous period exceeding seventy-
two (72) hours. No person shall attach any sign to a trailer, skid, or similar mobile
structure, where the primary use of such structure is to provide a base for such sign
or to constitute the sign itself. This provision shall not be interpreted to prohibit
identification signs on vehicles used for business purposes, nor shall it be interpreted
to prohibit bumper stickers.
(8) Real estate signs. Real estate signs shall be exempt from the permitting
requirements of Section 17-506.
(9) Movement control signs. Movement control signs shall be exempt from the
permitting requirements of Section 17-506.
Sec. 17-514. Prohibited signs.
The following signs are prohibited in all zoning districts within the City.
(1) Animated signs. No sign shall be erected or altered to include animation, parts that
move, or flashing or blinking lights that may be distracting to motorists. This
prohibition does not include time and temperature signs.
(2) Advertising by balloon. Advertisement by means of a balloon or other inflated sign
anchored to the ground, a building or other structure is prohibited.
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(3) Signs that are hazardous or a nuisance. No sign shall be illuminated to an intensity
to cause glare or brightness to a degree that could constitute a hazard or nuisance.
Moving, flashing, intermittently lighted, changing color, beacons, revolving or
similarly constructed signs shall not be allowed.
(4) Imitation of emergency signs and signals. No person shall cause to be erected or
maintained any sign using any combination of forms, words, colors or lights which
imitate emergency signs or signals.
(5) Searchlights. Searchlights are specifically prohibited.
(6) Signs on sidewalks, streets, etc. No person shall attach any sign, paper or material,
or shall paint, stencil or write any name, number (except house numbers) or
otherwise permanently mark on any sidewalk, curb, gutter or street.
(7) Signs on trees, poles, etc. No person shall attach or maintain any sign upon any tree
or public or private utility pole or structure.
(8) Portable signs. Portable signs are specifically prohibited.
(9) Roof signs prohibited. No sign shall be located on or project over the roof of a
building.
(10) Signs in rights-of--way. No sign shall be erected or affixed within or project over
any public right-of--way or across the public right-of--way line extended across a
railroad right-of--way line or extended across a railroad right-of--way. No sign shall
be erected closer than six feet from the existing public right-of--way nor closer than
twenty feet from any intersection.
(11) Signs on fences, walls, etc. No person shall paint a sign or attach a sign, other than
a nameplate sign or a "Dangerous Dog" sign, to the outside of a fence, railing or a
wall that is not a structural part of a building, whether or not such fence, railing or
wall is on the property line.
(12) Building code. No sign shall be erected in violation ofthe building code ofthe City.
(13) Moving signs. No sign shall be allowed that moves by any means.
(14) Luminescentgaseous tubing. The use ofexposed tubes which contain luminescent
inert gases, including, but not limited to, neon, argon and krypton, and which are
visible from the exterior of structures, is specifically prohibited except as an
attached sign which shall conform to this article.
(15) Nudity prohibited. No mannequins, pictures, drawings, sketches, or other
simulated, pictorial or graphic displays of nudity or simulated nudity shall be
allowed on any sign.
Sec. 17-515. Nonconforming Signs.
(a) Generally. It is the declared purpose of this article that in time all signs shall either conform
to the provisions of this article or be removed. By the passage of this article and its
amendments, no presently illegal sign shall be deemed to have been legalized unless such
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sign complies with all current standards under the terms of this article and all other
ordinances of the City. Any sign that does not conform to all provisions of this article shall
be a nonconforming sign if it legally existed as a conforming or nonconforming sign under
prior ordinances, or an illegal sign if it did not exist as a conforming or legal nonconforming
sign under prior ordinances.
(b) Destroyed sign. Any nonconforming sign that has been substantially destroyed or
dismantled for any purpose other than maintenance shall be deemed completely destroyed if
the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same
type at the same location. Under this provision, the sign shall be removed and a permit shall
be required to erect a new sign.
(c) The owner of a premises sign or sign structure and/or the owner or operator of any premises
upon which a premises sign or sign structure is located shall remove the sign or sign
structure after the first anniversary of the date the business, person, or activity that the sign or
sign structure identifies or advertises ceases to operate on the premises on which the sign or
sign structure is located. If the premises containing the sign or sign structure is leased, the
sign or sign structure shall be removed after the second anniversary after the date the most
recent tenant ceases to operate on the premises.
(d) City's removal of signs. The Sign Administrator shall cause to be removed any sign that
endangers the public safety, such as an abandoned, dangerous, or materially, electrically, or
structurally defective sign, or a sign requiring a permit for which no permit has been issued.
The Sign Administrator shall provide written notice to the permit-holder or property owner
that shall describe the sign and specify the violation involved and state that, if the sign is not
removed or the violation is not corrected within 10 calendar days from date of issuance of
the notice, the sign shall be removed in accordance with the provisions in this section.
However, if the Sign Administrator determines that a dangerous or defective sign may cause
imminent peril to life or property, the Sign Administrator may order the immediate removal
of the sign, with notice to be given as soon as practicable after removal.
(e) Impoundment of signs.
(1) Signs that the City removes shall be kept by the City for 15 days after the date of
removal. The owner or responsible party for the sign may recover the sign by
paying a fee as follows:
a. $500 for signs that are 12 square feet or less in effective area
b. $1,000 for signs that are larger than 12 square feet in effective area.
(2) The City may dispose of signs not recovered within 15 days after impoundment in
any manner the City shall elect.
(f) Repair or renovation of nonconforming signs.
(1) A nonconforming sign shall not be repaired, renovated or structurally altered except
to bring the sign into compliance within the provisions of this article, unless the
Sign Administrator determines, based on evidence provided by the owner of the
sign, that the cost of such repair, renovation or structural alteration will not exceed
50% of the cost to bring the sign into compliance with the provisions of this article.
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(2) The copy or message on a nonconforming sign may not be replaced or changed out
due to a change in ownership or business name, or for other reasons, unless the sign
is first brought into compliance with the provisions of this article.
(g) Variances.
(1) The board of adj ustment may authorize a variance to any restriction set forth in this
article, including but not limited to the number, type, area, height, or setback of
signs, or any other aspect involved in the sign permitting process. In granting any
variance, the board of adjustment shall determine that a literal enforcement of the
sign regulations will create an unnecessary hardship or a practical difficulty on the
applicant, that the situation causing the unnecessary hardship or practical difficulty
is unique to the affected property and is not self-imposed, that the variance will not
injure and will be wholly compatible with the use and permitted development of
adj acent properties, and that the granting of the variance will be in harmony with the
spirit and purpose of this article.
(2) A person may request a variance from this article by filing the request with the City
Secretary. Any request for a variance shall be accompanied by a completed
application and anon-refundable filing fee in the amount specified in the current fee
schedule adopted by the City Council.
(3) The board of adjustment may not authorize a variance to any sign restriction
approved by the City Council in connection with a Planned Development ("PD")
zoning district.
SECTION 2.
Section 17-420(k) of the Kennedale City Code is hereby amended to read as follows:
The sign regulations set forth in Chapter 17, Article VII, "Signs",
of the City Code shall apply to all uses located in the Business 287
and Interstate 20/Loop 820 Overlay Districts.
SECTION 3.
Section 17-422.1(d)(9) of the Kennedale City Code is hereby amended to read as follows:
The sign regulations set forth in Chapter 17, Article VII, "Signs,"
of the City Code shall apply to all large retail facilities.
SECTION 4.
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 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of the Code of the City of Kennedale (1992), as amended, or any other
ordinance or code provision affecting signs 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 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.
W:\[Cennedale\ORDINANC\Sign FN004.doc (04/14/04) Page 16
PASSED AND APPROVED ON THIS 8`h DAY OF APRIL, 2004.
,~~`'pF KEN/V ~`'
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' MAYOR
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CITY SECRE ARY
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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