O231ORDINANCE N0.231
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING
PROVISIONS REGARDING AMORTIZATION OF NONCONFORMING
USES IN OVERLAY ZONING DISTRICTS; PROVIDING THAT THIS
ORDINANCE SHALL 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 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 Texas Local Government Code; and
WHEREAS, the City Council ofthe City of Kennedale previously adopted Ordinance
No. 187, amending Article VI of Chapter 17 of the Kennedale City Code, which regulates
zoning; and
WHEREAS, the City Council now deems it advisable and in the public interest to
further amend the regulations applicable to nonconforming uses in the Corridor Overlay
Districts as provided herein; and
WHEREAS, a public hearing was duly held bythe Planning and Zoning Commission
of the City of Kennedale on the 17th of January, 2002 and by the City Council of the City
of Kennedale on the 14th day of February, 2002 with respect to the regulations in this
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Subsection (c) of Subsection 17-420, "Overlay districts," of the Kennedale Zoning
Ordinance is hereby amended to read as follows:
(c) Applicability in event of conflict. This section is to be superimposed in
addition to the regulations applicable to any approved underlying (or base)
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district. The existence or use of any building or land in an overlay district
shall be subject to the time limitations and amortization provisions set forth
in this section and in Sections 17-428 and 17-430. To the extent of any
conflict between this section and any other provision in any city ordinance,
the more strict provision shall prevail.
SECTION 2.
Subsection (i)(7) of section 17-428, "Nonconforming uses," of the Kennedale Zoning
Ordinance is hereby amended to read as follows:
**
(i)
(7) Any nonconforming building or use of land or building which is
located in the Business 287 or Interstate 20/Loop 820 Overlay District
shall be discontinued three years after the date that the building or
use becomes nonconforming, unless a different compliance timeline
or requirement is set forth in Section 17-420. However, a residence,
or the use of land or building as a residence, shall not be subject to
this automatic amortization period. Any owner of such a
nonconforming building or use may appeal to the zoning board of
adjustment pursuant to section 17-430(e)(11) to allow an extension
of the amortization period set forth in this section or Section 17-420.
Notwithstanding this section, the board of adjustment may require
amortization of a nonconforming building or use of land or building in
a shorter period of time pursuant to Section 17-430.
SECTION 3.
Subsection (e)(11) of Section 17-430, "Board of Adjustment", of the Kennedale
Zoning Ordinance is hereby amended to read as follows:
(11) Allow the continuance fora specified amount of time of a
nonconforming building or use of a building or land for more than the
applicable amortization period set forth in Section 17-420 or Section
17-428 (i)(7), upon a showing that the owner has not recouped the
owner's investment in the nonconforming building or use over the
applicable amortization period.
SECTION 4.
This Ordinance shall be cumulative of all other Ordinances of the City of Kennedale,
and shall not repeal any of the provisions of such ordinances except in those instances
when provisions of such ordinances are in direct conflict with the provisions of this
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ordinance, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined, upon conviction, 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 7.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
ordinances affecting nonconforming uses that have accrued at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 8.
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
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operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 9.
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 10.
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.
```,``,~~~~N ~S,E,D AND APPROVED this
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14 day of February , 2002.
G~-k-
Mayor
City Secretary
Effective: ~ /~ t~~-
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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