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
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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
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