This chapter will be known and cited as the Unified Development Code (UDC) of Tyler, Texas. References herein to “this code” will be interpreted as referring to the Unified Development Code.

   a.   Empowerment to Zone

      1.   The unified development code will be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land.

      2.   The regulations in this code will be uniform throughout each district for each class or kind of buildings or structures or uses of land, but the regulations in one district may differ from those in other districts.

   b.   Compliance

      All land, buildings, structures, or appurtenances located within the city which are hereafter occupied, used, erected, altered, or converted, must be used, placed, and erected in conformance with the development regulations prescribed for the zoning district in which such land or building is located, except where provided in this code.

   c.   Minimum Requirements

      The standards in this code are minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and welfare of those persons residing in or visiting the city.

   a.   This code is not intended to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, where this code imposes a greater restriction upon the use or building height, or requires larger open spaces than are required by other laws or parties, the provisions of this code will apply.

   b.   The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this code does not relieve the recipient responsibility of complying with all other applicable requirements. In interpreting and applying the provisions of this code, the provisions contained herein will be held to be the minimum requirements.

No permit for the construction of a building upon any tract or parcel within the city may be issued by the building official unless the parcel or tract is part of a plat of record, properly approved by the planning and zoning commission, and filed in the Plat Records of Smith County, Texas. (0-2003-38, 7-23-03)

No building hereafter erected, converted, or structurally altered may be used or occupied and no land or building may be changed in use unless or until a Certificate of Occupancy (CO) has been issued by the building official. This requirement does not apply to single-family attached, detached, or duplex dwellings, or to the routine change of occupancy of individual dwelling units in a multifamily apartment.

   a.   A CO will confirm that the building or proposed use of land or building complies with all City Building and Health Codes and ordinances.

   b.   A CO must be applied for coincident with the application for a building permit and will be issued after the completion of the erection or alteration of such building or land provided such construction has been made in complete conformity to this ordinance.

   a.   Classification

      When uses of land, buildings or other structures arise that have not been classified in this code, the planning director will make an administrative decision as to the appropriate use category and zoning district(s) in which it will be allowed.

   b.   Appeals

      The decision of the planning director concerning the appropriate district for an unlisted use may be appealed to the zoning board of adjustment pursuant to Article VIII Division F. (ORD. 0-97-62, 12/10/97) (O-2003-38, 7-23-03)

This code applies to all lands and waters within the corporate limits of the City of Tyler. Where specifically stated, provisions of this chapter shall also apply to the City of Tyler Extra Territorial Jurisdiction. All structures and land uses constructed or commenced and all enlargements of, additions to, changes in and relocations of existing structures and uses are subject to the requirements of this code.

   a.   The purposes of this code are to:

      1.   protect and promote the health, safety and general welfare of the people of Tyler;

      2.   implement the policies and goals in the Tyler 1st Comprehensive Plan and other officially adopted plans; (Ord. No. 0-2014-33; 4/23/14)

      3.   enhancing residents’ quality of life;

      4.   protect the character of established residential neighborhoods;

      5.   maintain orderly and compatible development patterns that promote and appropriate mix of land uses and protect property values;

      6.   concentrate commercial development in compact, mixed-use districts;

      7.   maintain economically vibrant and visually attractive business and commercial areas;

      8.   promote downtown Tyler as a destination for arts and cultural institutions;

      9.   create new housing opportunities in downtown Tyler;

      10.   retain and expand the city’s industrial and employment base;

      11.   accommodate mixed-use, pedestrian-oriented development patterns;

      12.   ensure adequate light, air, privacy, and access to property;

      13.   enhance Tyler’s public realm with trees, attractive streetscapes, and public gathering places;

      14.   promote a desirable visual environment through creative development techniques, urban design standards, and sign regulation;

      15.   promote natural resource conservation and environmentally responsible development practices;

      16.   promote rehabilitation and reuse of older buildings;

      17.   provide sufficient housing for households at all income levels and all stages of the life cycle;

      18.   promote appropriate location and design of housing and commercial development in the extraterritorial jurisdiction;

      19.   ensure provision of adequate public facilities and services;

      20.   establish clear and efficient development review and approval procedures; and

      21.   accommodate the orderly and beneficial development in accordance with the preceding purposes.

The requirements herein are considered to be minimum requirements. Where the provisions of this code impose greater restrictions than those of any other code or regulations, the provisions of this code will govern. Where the provisions of any other code or local regulations impose greater restrictions than those of this code, the provisions of such other code or local regulation will govern.

When referring to this code, the following rules of interpretation will be applied, except when the context clearly requires otherwise:

   a.   The particular shall control the general.

   b.   In the case of any difference of meaning or implication between the text of this code and any chart, graph, illustration or table, the text will govern.

   c.   The words "must" and "will" are always mandatory and are not discretionary. The words "should" and "may" are permissive and discretionary.

   d.   Words used in the present tense include the future tense; words used in future tense include the present tense; words in the singular include the plural, and words in the plural include the singular.

   e.   The words "building" and "structure" shall be construed as though followed by the words, "or a portion thereof".

   f.   The word "lot" includes the words, "parcel", "plot," or "tract," but does not include leased lands.

   g.   The word "occupied" shall be construed as though followed by the words, "or intended, arranged or designed to be occupied".

   h.   Terms not herein defined shall have the meaning assigned to them in the city building code. Terms not defined herein or in the building code will have the meaning customarily assigned to such terms.

   i.   All public officials, boards, departments, and agencies to which reference is made are those of the City of Tyler unless otherwise indicated in the code.

   a.   The boundaries of the zoning districts are hereby established and shown on a map designated as the City of Tyler Zoning Map.

   b.   The City is divided into "Zoning Districts" which are restricted to residential use; for office, limited commercial or educational use; for commercial, mixed use or educational, industrial/manufacturing use.

   c.   The use and area regulations shall be uniform in each individual zoning district, and shall be classified.

   d.   The map and all notations, references, and other information shown thereon are a part of this development code and will have the same force and effect as the code.

   e.   The map will be filed and maintained as follows:

      1.   One copy must be filed with the city clerk and retained as the original record and must not be changed in any manner.

      2.   One copy must be filed with and maintained by the planning department, which must post all changes and subsequent amendments for public observation and for the issuance of building permits.

      3.   Reproductions for informational purposes may from time-to-time be made of the official zoning map.

      4.   Any person aggrieved or affected by any amendments made to the adopted zoning map may appeal the revision by filing a request for rezoning with the planning department. Such requests must be made within six months of the effective date of map revisions.

   f.   Zoning District Boundaries

      1.   The following guidelines must be observed in preparing the zoning map and in making any changes to the district boundaries.

      2.   Where the districts designated on the map are bounded by a street, alley, or lot line, the boundary of the district will be the center line of the street, alley, or lot line unless otherwise indicated on the map.

      3.   Where uncertainty exists as to the boundaries as shown on the official zoning map, the following rules will apply:

         (a)   Boundaries indicated as following a railroad line or right-of-way, will be deemed to be located midway between the main tracks of the railroad line, or in the middle of the right-of-way.

         (b)   Boundaries indicated as approximately following the city limits, will be construed as following the city limits.

         (c)   Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water, will be construed as following such centerline.

      4.   Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries will be construed to be property lines; and where the districts designated on the map are bounded approximately by lot lines, the lot line, not to exceed a distance of 25 feet, will be construed to be the boundary of the district.

      5.   In the case of a district boundary line dividing a property into two parts, the district boundary line, not to exceed a distance of 25 feet, will be construed to be the property line nearest the least restricted district.

      6.   Boundaries indicated as parallel to or extensions of features indicated in the paragraph above will be so construed. Distances not specifically indicated on the original zoning map will be determined by the scale of the map or by dimensions.

      7.   Where physical features, such as streets, railroad lines, rivers, streams and such, existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered above, the planning director must make a written interpretation of the District boundaries. (Ord. No. 0-2010-20, 3/10/10)

      8.   Whenever a street or alley is vacated, adjacent districts will extend to the center line of the vacated street or alley right-of-way. (ORD. 0-97-62, 12/10/97)(ORD. 0-98-68, 8/26/98)

   a.   A “legal nonconforming lot” is a tract-of-record lot, which was platted prior to the adoption of an otherwise applicable zoning ordinance that fails to meet the lot area or lot width standards of that ordinance.

   b.   For the purposes of zoning compliance review, any legal nonconforming lot as defined by this chapter, in separate ownership, and not of contiguous frontage with other lots in the same ownership, may be used as a building site even though it has neither sufficient land to conform to the minimum lot area requirements nor sufficient lot width to conform to the minimum lot width requirements of the district. A legal nonconforming lot that does not meet lot area or lot width requirements must still meet the other requirements of the district.

Complete applications that are pending approval before April 24, 2008 may be reviewed and approved in accordance with the applicable zoning or subdivision ordinances in effect before April 24, 2008. All development applications submitted on or after April 24, 2008 must be reviewed under the terms of this development code.

Nothing in this code will require any change in the plans, construction, or designated use of a building under construction and scheduled to be completed within one year of the date of passage of this code, nor will it require any change in plans, construction, or designated use of a building or other structure for which a building permit has been issued within six months after the effective date of this code, provided construction is started within sixty days of the effective date of this code.

Any building, development, or structure for which a final building permit was issued before April 24, 2008 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development, or structure does not fully comply with provisions of this development code. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed, and occupied only in strict compliance with the standards of this development code.

Any violation of the previous ordinances will continue to be a violation under this development code and be subject to penalties and enforcement under Article X, Division B. If the use, development, construction or other activity that was a violation under the previous ordinances complies with the express terms of this development code, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this code. The adoption of this development code does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinances that occurred before April 24, 2008.

Any nonconformity under previous zoning and subdivision ordinances will also be a nonconformity under this development code, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning and subdivision ordinance becomes conforming because of the adoption of this code , or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.