HomeMy WebLinkAbout1708 09-27-2005ORDINANCE NO. 1708
AN ORDINANCE AMENDING SECTIONS 84 -7
"DEFINITIONS AND WORD USAGE" AND 84 -337 "OPEN
STORAGE AND USE AREAS" OF CHAPTER 84 "UNIFIED
DEVELOPMENT CODE;" ADDING A NEW SECTION 30 -8
"TEMPORARY RESIDENTIAL OUTDOOR STORAGE" OF
CHAPTER 30 "FEES," OF THE CODE OF ORDINANCES
OF THE CITY OF EULESS, TEXAS, AS AMENDED;
PROVIDING A DEFINITION OF A "TEMPORARY
RESIDENTIAL OUTDOOR STORAGE," REGULATIONS
FOR USE THEREOF, PERMANENT REQUIREMENTS,
AND ASSOCIATED FEES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Euless does not currently regulate use of temporary
outdoor storage containers; and,
WHEREAS, there is practical benefit to adopt regulations governing use of
temporary outdoor storage containers in Chapter 84 Unified Development Code, and,
WHEREAS, the City Council of the City of Euless, Texas, after study, finds and
determines that the following regulations for use of temporary outdoor storage
containers within the City will promote the health, safety and general welfare of the
citizens of the City of Euless. Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT Section 84 -7, "Definitions and word usage" of Chapter 84 "Unified
Development Code" of the Code of Ordinances of the City of Euless, Texas, as
amended, be hereby amended to add the following new definition at the appropriate
alphabetical place in said section:
Outdoor storage, temporary residential means portable, weather — resistant
containers designed and used for the temporary storage or shipment of
household goods, wares, building materials, merchandise, or yard waste may be
permitted. This term shall also include roll -off containers or storage containers.
(Example of a roll -off container: city yard waste & debris containers or
open /unclosed containers.) See Sec. 84 -85 (a) for definitions and conditions
associated with the use of accessory buildings in residential districts.
SECTION II
THAT Section 84 -337 "Open storage and use areas," Subsection (b) "Residential
uses" of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City
of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows:
(b) Residential uses. In all residential districts, no open outside accessory
storage or display of materials, commodities, or machinery shall be
permitted, other than that which is incidental to the main use of the
property as a residence. The following conditions shall apply to incidental
storage and temporary residential outdoor storage:
(1) Incidental storage.
a. Permitted behind the main structure.
b. Area devoted to storage is not more than 60 percent of the
required rear yard.
c. Said area shall be kept neat and clean and free of all tall grass
and weeds.
d. Must be screened from all adjacent properties and streets in
accordance with section 84 -336 (b)(1) or (b)(2) of this article.
e. No materials shall be stacked to a height greater than the visual
screen.
f. Materials shall not be stored in a manner which would attract or
harbor vermin.
(2) Temporary outdoor storage per Section 84 -7 "Definitions and word
usage ". (See Sec. 84 -85(a) for definitions and conditions
associated with the use of accessory buildings in residential
districts).
a. Permit required. Homeowner must contact Building Official or
his designee to apply for a temporary permit that will be
displayed on container and identify when container shall be
removed. (See Sec. 30 -8 for fee schedule)
b. Effective period. Temporary Permit valid for 30 days. Limited to
2 times per year. Under extreme circumstances, applicant may
appeal to Building Official who may consider granting an
extension.
Ordinance No. 1708, Page 2 of 4
c. Portable On Demand (PODS) containers can be no larger than
8'x 16' on the ground and 8' tall.
d. Roll -off containers can be no longer than 40 cubic yards.
e. Cannot be located in easement, alley way, street, or public right
of way.
f. Prefer placement on paved surface. If not available, location on
unpaved surface must be approved by Building Official.
g. Cannot be located any closer than 3 feet from primary structure.
h. Container should be secured when unattended for safety
reasons. The structure must be kept clean and free of trash and
debris at all times.
SECTION III
THAT Section 30 "Fees" of the Code of Ordinances of the City of Euless, Texas,
as amended, be hereby amended, by the addition of a new Section 30-8 "Temporary
Residential Outdoor Storage Permit ", which shall hereafter be and read as follows:
Sec. 30 -8 Outdoor Storage, Temporary Residential Permit
Permit....................................... ............................... $15.00
(Fee will not be assessed if roll -off container was received from
solid waste provider and rental charges were subject to gross
receipts franchise fee.)
(cross reference — permit for temporary structure required per
Section 84 -337 (b)(2)
SECTION IV
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
Ordinance No. 1708, Page 3 of 4
SECTION V
SAVING CLAUSE. That Chapters 84 and 30 of the Code of Ordinances, City of
Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION VI
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 27th day of September, 2005, by a
vote of 6 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib S leh, Mayor
ATTEST:
Z" /" , I � =,/
Susan Criry< CMC, Ny Secretary
APPROVED AS TO FORM:
Ordinance No. 1708, Page 4 of 4