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2011-132sAlegahour documentslordinances1111property maintenance code amendments august 2011.doc ORDINANCE NO. 2011-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CERTAIN PROVISIONS OF CHAPTER 17 OF THE DENTON CODE OF ORDINANCES, THE DENTON PROPERTY MAINTENANCE CODE, INCLUDING SECTIONS 17-2,17-35,17- 40, 17-60, 17-153 AND 17-154; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 17 of the Code of Ordinances of the City of Denton is hereby amended as follows: (a) In Section 17-2, the definition of "accessory building or structure" is deleted and substituted therefor is the following definition: "Structure, Accessory means any structure on the same lot with, and is incidental and subordinate to, the principal structure. Flatwork, in-groiuid swimming pools and fences or walls used as fences are excluded." (b) In Section 17-2, the definition of "outdoor storage" is deleted and substituted therefor is the following definition: "Outside Storage means the storage, collection, or safekeeping of any goods, materials, products, appliances, equipment, or containers that are not enclosed by a structure with walls on all four (4) sides and a roof. Outside storage does not include moveable toys such as tricycles or pedal cars." (c) In Section 17-2, the words "an edifice of are deleted from the definition of "Structure." (d) In Section 17-35(c), the words "and that a request for a hearing must be made before expiration of the ten day period." are deleted. (e) In Section 17-40(a), the words "Rights of way include the property line to the curb or, if no curb exists, from the property line to the street." are deleted. (f) Section 17-40(k) is deleted. (g) Section 17-60 is deleted and a new 17-60 is substituted, as follows: Sec. 17-60. Outside Storage. 1. In addition to complying with EPA regulations, the International Fire Code, and all other applicable rules and regulations, outside storage shall comply with the following: s:\Iegallour documents\ordinances\l llproperty maintenance code amendments august 201 Ldoc a) Shall not be located in any portion of the front yard, and shall be screened from public view at all times. Screening shall be of natural vegetation, masonry, wood, metal, vinyl, PVC, or composite fence materials only, and shall be maintained in a state of good repair at all times. At no time shall a tarp of any kind be used for screening. Play structures such as swing sets, jungle gyms and erected play areas, associated with a residential use, shall be exempt from the screening requirements. b) Properties zoned IC-E or IC-G, and all industrial uses that are legally permitted are exempted from the requirements of paragraph (a) of this Section, provided that no items are stored in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. 2. It is an affirmative defense to prosecution that the following items are maintained in good repair, are for residential use, and are not a nuisance to the public: a) Storage, collection, or safekeeping in a carport of: i. Building materials that are temporarily stored in a workmanlike manner as part of, and in conjunction with, an active building permit; ii. Motorized lawn equipment; iii. Storage containers, if stored and maintained in an orderly manner against a permanent wall; or iv. Household and yard tools, and household cleaning implements, if stored and maintained in an orderly manner against a permanent wall, using pegboards, shelves, hooks, storage containers, or tool chests. b) A washer or dryer which is connected and regularly used where the only washer or dryer connection is located under a carport or breezeway. c) Furniture designed for outdoor use. d) Firewood stored and maintained in an orderly manner. e) Smokers, barbeque grills, lawn maintenance equipment, and appliances designed for outdoor use, if in current use. 3. It is an affirmative defense to prosecution that the following items are maintained in good repair and are not a nuisance to the public: a) Play structures such as swing sets, jungle gyms and erected play areas or houses built and maintained as part of a playground located at a church, school, or state- regulated commercial daycare." (h) In the footnote to Section 17-153(a) and in the footnote to Section 154(b), the words "housing unit" are deleted and the word "structures" is substituted. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of Page 2 s:\legallour documentslordinances\l llproperty maintenance code amendments august 2011.doc this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. PASSED AND APPROVED this the ~ day of J'2011. A. AL RROUGIGfS (MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: dAn )i j b), 0_'W1 If APP OVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L: C's -r Page 3