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Tyler City Zoning Code

ARTICLE III

USE REGULATIONS

Sec. 10-40. Use Groups

The use table classifies land uses into five major groupings: Residential, Public and Civic, Commercial, Industrial, Agricultural, and Other. These are referred to as “Use Groups.”

Sec. 10-41. Use Categories and Standards

Each use group is further divided into “Use Categories.” These categories classify land uses based on common characteristics, such as the type of products sold, site conditions, or the amount of activity on the site. The “Use Standard” column in the use table provides a cross-reference to additional standards that apply to some uses, whether or not they are allowed as a permitted use or special use.

Sec. 10-42. Determination of Use Category

When a land use cannot be classified into a Use Category or appears to fit into multiple categories, the planning director is authorized to determine the most appropriate Use Category.

Sec. 10-43. Permitted Uses

Uses identified with an “X” in the use table are permitted by-right in the designated zoning districts, subject to compliance with all other applicable provisions of this chapter.

Sec. 10-44. Planned Uses

Uses identified with a “P” in the use table require a site development plan. Development is to be consistent with the approved site development plan. If the property is undeveloped, any proposed use shall be consistent with design parameters approved with the zone change.

Sec. 10-45. Special Uses

Uses identified with an “S” in the use table may be allowed in the designated zoning districts if approved in accordance with the special use approval procedure in Article IX, Division A. Approved special uses are subject to compliance with all other applicable provisions of this chapter.

Sec. 10-46. Temporary Uses

Uses identified with a “T” in the use table are uses that require a temporary use permit pursuant to Article IX, Division B.

Sec. 10-47. Prohibited Uses

Uses that have no letter associated with them in the uses table are expressly prohibited. Uses not listed in the use table are also prohibited.
Note: To view a printer-friendly, PDF version of the tables in Section 10-48 and 10-49, please click here.

Sec. 10-48. Residential District Use Table

USE GROUP
Use Category Use Sub- Category
Specific Uses
RE
R-1A
R-1B
R-1C
R-1D
R-2
R-MF
R-MH
NR
PUR
PMF
Use Standards
USE GROUP
Use Category Use Sub- Category
Specific Uses
RE
R-1A
R-1B
R-1C
R-1D
R-2
R-MF
R-MH
NR
PUR
PMF
Use Standards
RESIDENTIAL
Household Living
Single-Family Residence, Detached
X
X
X
X
X
X
X
P
Single-Family Residence, Attached
X
X
X
P
P
Two-Family Duplex
X
X
P
P
Garage Apartment
X
X
X
X
P
Modular Housing
X
X
X
X
X
X
P
 Sec. 10-50.c
Manufactured Home
 X
Multi-Family
X
P
Manufactured Housing/ Mobile Home Park
    
X
Group Living
Assisted Living, Retirement Center
X
P
Skilled Nursing Home/Rehabilitation
X
P
Community Residence (6 or fewer residents)
X
X
X
X
X
X
X
X
P
P
Community Residence (7 or more residents)
X
P
Crisis Center (6 or fewer)
S
S
S
S
 S
S
S
S
P
P
Halfway House
S
P
Rescue Mission/Home
S
P
PUBLIC/CIVIC
Cultural Facilities and Libraries
S
S
S
X
 X
X
X
X
S
P
Day Care Center (Child or Adult)
S
P
Parks and Open Space
X
X
X
X
X
X
X
X
X
P
 P
Animal Park
Golf Course
X
X
X
X
X
X
X
X
X
P
P
Zoo
Public Facilities
X
X
X
X
X
X
X
X
X
P
Post Office
X
X
X
X
X
X
X
X
X
P
P
Public Safety (Police/Fire)
X
X
X
X
X
X
X
X
X
P
P
Major Utilities
S
S
S
S
S
S
S
S
S
S
S
Minor Utilities
X
X
X
X
X
X
X
X
X
X
X
Religious Assembly
Church, Temple, Synagogue, Mosque
X
X
X
X
 X
X
X
X
X
P
P
Church Activity/Recreational Center
X
X
X
X
X
X
X
X
X
P
P
School
College or University
College Dormitory (Off-Campus)
X
P
College Fraternity/Sorority House
X
P
Elementary School
X
X
X
X
X
X
X
X
X
P
P
Junior High or High School
X
X
X
X
X
X
X
X
X
P
P
Pre-School/Kindergarten
X
X
X
X
X
X
X
X
X
P
P
School Student/Activity Center/Field(Public)
X
X
X
X
X
X
X
X
X
P
P
COMMERCIAL
Entertainment
Indoor
Club/Social Organization
S
S
S
S
Country Club (Private)
S
S
S
S
S
S
S
S
S
P
P
Outdoor
Rodeo Grounds
Funeral and Internment Service
Cemetery, Mausoleum (Per State Law:
No new cemeteries allowed within city limits.)
X
X
X
X
X
X
X
X
X
X
X
Columbarium
S
S
S
S
Mortuary/Funeral Home/Crematory
 
Lodging
Bed & Breakfast
S
Boarding/Rooming House
X
P
Campground
R.V. Park
INDUSTRIAL
Oil & Gas Exploration (Drilling Activity)
S
S
S
S
S
S
S
S
S
S
S
Oil & Gas Exploration (Producing Well)
S
S
S
S
S
S
S
S
S
S
S
Sand/Gravel Extraction
S
S
S
S
S
S
S
S
S
S
S
OTHER
Accessory Uses
X
X
X
X
X
X
X
X
X
X
X
Accessory Structures
X
X
X
X
X
X
X
X
X
X
P
Community Center (Public or Private)
S
S
S
S
Barber/Beauty Shop One-Chair (Residential)
S
S
S
S
S
S
S
S
S
S
S
Day Care At Home (Adults) maximum 6
S
S
S
S
S
S
S
S
S
S
S
Day Care At Home (Children) maximum 6
S
S
S
S
S
S
S
S
S
S
S
Home Occupation
X
X
X
X
X
X
X
X
X
X
X
Photography Studio
S
S
S
S
S
S
S
S
S
S
S
Piano Lessons
X
X
X
X
X
X
X
X
X
X
X
Swimming Lessons
X
X
X
X
X
X
X
X
X
X
X
Temporary
Concert, Outdoor (Temp.)
T
T
T
T
T
T
T
T
T
T
T
Subject to noise ordinance 
Model Home
X
X
X
X
X
X
X
X
X
P
 P
Revival (Outdoor)
T
T
T
T
T
T
T
T
T
T
T
Subject to noise ordinance 
(Ord. No. 0-2011-45; 6/8/2011) (Ord. No. 0-2012-38, 4/25/12) (Ord. No. 0-2014-33; 4/23/14) (Ord. No. 0-2014-97; 10/22/14) (Ord. No. 0-2019-87; 10/8/19) (Ord. No. 0-2023-29; 4/26/23)

Sec. 10-49. Nonresidential District Use Table

USE GROUP
Use Category Use Sub-Category
Specific Uses
AG
AR
RPO
POD
C-1
C-2
DBAC
PMXD-1
PMXD-2
PCD
INT
M-1
M-2
MU
OSP
Use
Standards
USE GROUP
Use Category Use Sub-Category
Specific Uses
AG
AR
RPO
POD
C-1
C-2
DBAC
PMXD-1
PMXD-2
PCD
INT
M-1
M-2
MU
OSP
Use
Standards
RESIDENTIAL
Household Living
Single-Family Residential Detached
X
X
Single-Family Residential Attached
(Townhouse) (Rowhouse)
X
X
X
Manufactured Home
S
Model Home (Temporary)
X
Modular Housing
X
R.V. Park
S
S
X
Security Office Quarters (Manufactured Home)
S
S
S
S
Multi-Family (Apartment) (Condominium)
X
X
X
Second Story Loft/Studio Apartment
X
X
Group Living
Assisted Living
X
X
X
P
P
P
X
Skilled Nursing Home/Rehabilitation
X
X
X
P
P
P
X
Rehab and Recovery Facility (Alcoholic/Narcotic)
S
X
X
X
P
X
Community Residence (6 or fewer residents)
X
X
S
S
S
Community Residence (7 or more residents)
S
S
S
Crisis Center
S
X
X
P
P
P
X
Halfway House
S
S
S
S
S
S
S
Homeless Day DResource Facility
S
S
S
Rescue Mission/Home
S
S
S
S
S
PUBLIC/CIVIC
Correctional/Detention Facility
S
S
S
S
Cultural Facilities and Libraries
X
X
P
X
X
X
P
P
X
X
X
Hospital
X
S
X
Parks and Open Space
X
X
Amphitheater
X
P
P
X
S
Animal Park
X
X
P
X
S
Concerts, Fairs, Festivals
T
T
T
T
T
T
X
T
Fairgrounds/Exhibition (Permanent)
X
X
X
X
Golf Course
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
Public/Private Park
X
X
X
P
X
X
X
P
P
P
X
X
X
Rose Field (Municipal)
X
X
X
Zoo
S
S
S
S
X
S
Passenger Terminals
Airfields, Airports, Landing Strips
S
S
S
S
X
Bus Station/Terminal/Depot
X
X
P
P
X
X
X
Heliport, Helistop Unlimited
S
S
S
S
X
Heliport, Limited
S
S
S
S
S
S
S
X
Public Assembly
Community Center
X
X
X
P
P
P
X
X
X
X
Convention Facilities (Public or Private)
S
X
X
S
S
S
X
X
X
Stadium (Public or Private)
X
X
S
S
S
X
X
X
Public Facilities
Post Office
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
Public Safety (Police/Fire)
X
X
X
P
X
X
X
P
P
P
X
X
X
X
Major Utilities
X
S
S
S
S
S
S
S
P
P
S
S
S
X
S
Minor Utilities
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
Religious Assembly
Church, Temple, Synagogue, Mosque
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
Church Activity/Recreational Center
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
Revival (Outdoor)
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
School
College, University, or Seminary
X
X
College Dorm on Campus
X
College Fraternity/Sorority House
X
Elementary School
X
X
P
X
X
X
P
P
P
X
School Student/Activity Center/Field (Public)
X
X
X
P
X
X
X
P
P
P
X
X
X
X
Secondary School
X
X
P
X
X
X
P
P
P
X
Pre-School/Kindergarten
X
X
P
X
X
X
P
P
P
X
COMMERCIAL
Agriculture
Stables
X
X
X
Farming
Cattle Pens
X
S
Dairy Farm
X
S
Farm/Farmland-Crop Production
X
X
S
Feed Lot
X
X
X
Fish Pond
X
X
P
X
X
X
Fruit/Nut Orchard
X
X
S
Grain Storage Elevator
X
X
S
Greenhouse, Plant Nursery
X
X
S
P
P
P
X
X
X
Livestock
X
X
S
 
Livestock Auction Facility
X
S
Livestock Exhibition
T
T
T
Poultry Production
X
S
Tree Farm
X
X
S
Animal Services
Kennel (Commercial)
X
X
P
P
P
X
X
 
Pet Grooming (No Overnight Stay)
X
X
X
X
P
P
P
X
 
Pet Shop (No Outdoor Pens)
X
X
X
P
P
P
X
 
Pet Shop (Outdoor Pens)
X
P
P
P
X
 
Veterinary Clinic (No Outdoor Pens)
S
P
X
X
X
P
P
P
Veterinary Clinic (Outdoor Pens)
X
P
P
P
Banks & Financial Services
Automatic Teller Machine (ATM)
S
X
P
X
X
X
P
P
P
X
X
X
X
Bank
X
X
X
P
P
P
 
Credit Union/Bureau
X
P
X
X
X
P
P
P
X
Pawn Brokerage Shop
X
P
X
Savings & Loan
X
X
X
P
P
P
Bail Bonds
X
S
X
X
Construction Sales and Service
Bldg. Material/Home Supply Store
X
X
P
P
P
X
Bldg. Material/Home Supply Str.(W/ Outdoor Storage)
X
P
P
P
X
Cabinet/Woodwork Shop (Repair Only)
X
P
P
P
X
X
Contractor's Shop/Storage Yard
S
S
S
P
X
X
Electrical Plumbing, A/C Heat (Wholesale)
S
P
P
P
X
X
Lumber/Building Materials Sales Yard
X
P
P
X
X
Eating and Drinking Establishments
Bakery (Retail)
X
P
X
X
X
P
P
P
 
Cafe, Coffee Shop, Tea Room
X
P
X
X
X
P
P
P
X
 
Commissary
X
X
X
P
P
P
X
X
Delicatessen
X
X
X
P
P
P
X
X
 
Donut Shop
X
X
X
P
P
P
X
 
Food Truck Park, Minor
S
X
X
P
P
P
X
X
See section 10-76
Food Truck Park, Major
S
S
S
S
S
S
S
S
See section 10-76
Ice Cream Parlor (With or W/out Drive-Thru)
X
X
X
P
P
P
 
Private Club
X
P
X
X
X
P
P
P
X
X
 
Restaurant (With or W/out Drive-Thru)
X
X
X
P
P
P
X
X
ENTERTAINMENT 
Indoor
Club/Social Organization
S
X
X
X
P
P
P
X
X
 
Concert, Facility
X
X
X
P
P
P
X
X
X
X
 
Country Club (Private)
S
X
X
P
P
P
X
X
 
Dance Hall, Nightclub, Disco
X
X
X
P
P
P
X
X
 
Theater, Playhouse
S
X
X
X
P
P
P
X
X
 
Theater-Cinema
X
X
X
P
P
P
X
 
Outdoor
Amphitheater
S
X
S
S
S
S
S
X
S
 
Carnivals/Circuses
T
T
T
T
T
T
T
T
T
Concert Facility
S
X
S
S
S
S
S
S
X
S
 
Concert, Outdoor (Temporary)
T
Subject to noise ordinance
Race Track (Horse/Dog)
S
S
S
Race Track (Motorized)
S
S
Recreational Field
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Rodeo Grounds
S
S
S
S
S
Theater, Drive-In
X
X
S
S
S
X
X
Funeral and Interment Service
Cemetery, Mausoleum (Per State Law:
No new cemeteries allowed within city limits.)
X
X
X
P
X
X
X
P
P
P
X
X
X
X
X
 
Columbarium
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Monument Sales Lot
X
S
S
P
X
X
Mortuary/Funeral Home/Crematory
X
X
S
S
P
X
Gas Station 
X
X
X
S
S
P
X
X
 
Lodging
Bed & Breakfast
S
S
P
X
X
X
P
P
P
 
Campground
S
Hotel, Motel, Resort
X
X
P
P
P
S
Medical, Dental, or Optical
Dentist's Office (3 maximum) 
X
X
P
X
X
X
P
P
P
X
 
Dentist's Office (4 or more) 
X
X
X
P
P
P
X
Pharmacy (Apothecary)
X
P
X
X
X
P
P
P
X
Physician's Office (3 maximum) 
X
X
P
X
X
X
P
P
P
X
Physician's Office (4 or more)
X
X
X
P
P
P
X
Psychologist Office (3 maximum)
X
X
P
X
X
X
P
P
P
X
Psychologist Office (4 or more)
X
X
X
P
P
P
X
Optometrist's Office (3 maximum) 
X
X
P
X
X
X
P
P
P
X
 
Optometrist's Office (4 or more)
X
X
X
P
P
P
X
Laboratory, Medical
X
P
X
X
X
P
P
P
X
Office
Abstract Office
X
X
P
X
X
X
P
P
P
X
 
Accounting Office
X
X
P
X
X
X
P
P
P
X
Advertising/Public Relations Agency
X
X
P
X
X
X
P
P
P
X
 
Architect's, Engineer's, Planner's Office
X
X
P
X
X
X
P
P
P
X
 
Attorney's Office
X
X
P
X
X
X
P
P
P
X
 
Collection Agency
X
P
X
X
X
P
P
P
X
 
Data Processing Service
X
X
P
X
X
X
P
P
P
X
X
 
Employment Agency
X
P
X
X
X
P
P
P
X
 
Geologist/Land Man Office
X
X
P
X
X
X
P
P
P
X
 
Insurance Office
X
X
P
X
X
X
P
P
P
X
 
Laboratory, Research
X
X
X
P
P
P
X
X
 
Answering Service Office
X
X
P
X
X
X
P
P
P
X
X
 
Photocopy/Fax Service Facility
X
P
X
X
X
P
P
P
X
X
 
Print Shop
X
X
X
P
P
P
X
 
Protection Service Office
X
X
P
X
X
X
P
P
P
X
 
Stocks & Bonds Brokerage Office
X
X
P
X
X
X
P
P
P
X
 
Studio (Broadcasting/ Recording)
X
X
X
P
P
P
X
Tax Consultant/Financial Office
X
X
P
X
X
X
P
P
P
 
X
 
 
 
Utility Company Office
 
 
P
X
X
X
P
P
P
 
X
 
 
 
Office Park
X
P
X
X
X
P
P
P
 
X
 
 
Parking Garage/Lot (Commercial)
 
 
 
X
X
P
P
P
X
X
X
 
Personal and Consumer Service
Art Studio, Instructional or Gallery
X
X
P
X
X
X
P
P
P
X
 
X
 
 
Barber/Beauty Shop (Commercial)
X
P
X
X
X
P
P
P
 
X
Barber/Beauty Shop (Maximum 2 Chairs)
X
X
P
X
X
X
P
P
P
X
Barber/Beauty Shop One-Chair (Residential)
S
Business, Professional School
 
 
X
X
X
P
P
P
X
X
X
 
Catering Service
 
X
X
P
X
X
X
P
P
P
 
 
 
X
 
Cleaning/Laundry Pick-Up Station
 
 
X
X
X
P
P
P
 
X
 
 
Community Health/Welfare Center
 
 
X
X
X
P
P
P
 
 
 
 
Day Care At Home (Adults) maximum 6
S
 
 
Day Care At Home (Children) maximum 6
S
 
 
Day Care Center (Adults or Children)
P
X
X
X
P
P
P
X
Framing Shop
 
X
X
P
X
X
X
P
P
P
 
X
Handicraft, Ceramic, Art Workshop
X
X
P
X
X
X
P
P
P
 
X
Home Occupation
X
X
Laundry/Cleaning (Self-Serv.)
 
X
X
X
P
P
P
 
X
 
 
 
Optical/Eyewear Store
X
X
P
X
X
X
P
P
P
X
X
 
 
Photography Studio
S
X
X
P
X
X
X
P
P
P
 
X
 
 
Piano Lessons
X
X
X
P
X
X
X
P
P
P
X
 
 
 
 
Swimming Lessons
X
X
Tailor/Seamstress Shop
X
X
P
X
X
X
P
P
P
 
 
 
 
Tanning Salon
 
X
X
X
P
P
P
 
 
 
 
Tattoo Studio
X
X
X
Travel Agency/Bureau
X
X
P
X
X
X
P
P
P
 
 
 
 
Retail Sales and Service
Antique Mall, Multiple Dealers
 
S
 
X
X
X
P
P
P
 
 
Antique Shop (No Outdoor Display)
X
X
X
X
P
P
P
Antique Shop (With Outdoor Display)
X
T
P
P
P
Arts and Crafts Supply Store
X
X
P
X
X
X
P
P
P
Auto Supply (W\O Install)
X
X
X
P
P
P
 
X
X
Bicycle Shop
 
 
X
X
X
P
P
P
 
X
X
X
 
Book Store
 
 
X
X
X
P
P
P
X
 
 
 
 
Camera, Photography Store
 
 
X
X
X
P
P
P
 
X
 
 
 
Cleaning Plant (Commercial)
 
 
 
X
X
P
P
P
 
X
 
 
 
Clothing/Apparel (Custom Made)
 
X
X
P
X
X
X
P
P
P
 
X
 
 
 
Clothing/Apparel Store
 
 
X
X
X
P
P
P
 
X
 
 
Compassionate Use Dispensary
S
S
Confectionery Shop (Retail)
X
X
X
P
P
P
 
Convenience Store
X
X
X
P
P
P
X
X
 
Department Store
X
X
X
P
P
P
X
 
Discount Store
X
X
X
P
P
P
X
 
Drug Store
X
X
X
P
P
P
X
Feed/Seed Store
X
X
P
P
P
X
X
 
Flea Market (Indoor Only)
X
X
X
P
P
P
X
Flea Market (With Outdoor Display)
X
P
X
Florist
X
X
P
X
X
X
P
P
P
 
Food, Grocery Store
X
X
X
P
P
P
 
Fruit-Vegetable/Produce Market
X
X
P
P
P
X
X
Fruit-Vegetable Stand
T
X
X
P
P
X
Furniture/Appliance (Sales & Service)
X
X
X
P
P
P
 
Gift Shop
X
X
P
X
X
X
P
P
P
X
X
Hardware Store
X
X
X
P
P
P
X
Jewelry (Custom Made)
X
X
P
X
X
X
P
P
P
X
Jewelry Store
X
X
X
P
P
P
X
 
Key/Locksmith Shop
X
X
X
P
P
P
X
 
Lawn & Garden Shop (No Outdoor Display)
X
X
X
P
P
P
X
 
Lawn & Garden Shop (W/Outdoor Display)
X
P
P
P
X
 
Lawn/Garden Equipment Sales & Service Store
X
X
P
P
P
X
 
Meat/Seafood Market (No Processing)
X
X
X
P
P
P
X
X
 
Medical Appliance Store
X
P
X
X
X
P
P
P
X
 
Music Store
X
X
X
P
P
P
 
Outdoor Display
X
T
P
P
P
T
X
X
 
Outdoor Storage
X
P
P
P
X
X
 
Outdoor Vending Machine
X
X
X
P
P
P
X
X
Second Hand Store
X
X
X
P
P
P
 
Sewing Machine Sales & Service
X
X
X
P
P
P
X
 
Shoe Repair Shop
X
X
X
P
P
P
X
 
Shoe Store
X
X
X
P
P
P
 
Shoes, Boots, Purses (Custom Made)
X
X
P
X
X
X
P
P
P
X
 
Swimming Pool Sales / Supplies
X
X
P
P
P
X
X
Taxidermy Shop
X
X
P
P
P
X
X
 
Tobacco/Vape/Smoke Store
S
X
P
P
P
X
X
Distance requirements per Sec. 10-77
Video Store
X
X
X
P
P
P
 
Self-Service Storage Facility
X
S
S
P
X
X
Sexually Oriented Business
X
X
Sports and Recreation (Participant)
Indoor
Archery Range
 
 
 
X
X
P
P
P
 
X
X
X
 
Bingo Parlor
 
 
S
X
X
P
P
P
 
X
X
 
 
Bowling Alley
 
 
X
X
X
P
P
P
 
X
X
 
 
Commercial Amusement Center
 
 
X
X
X
P
P
P
 
X
X
 
Commercial Recreation Center
 
 
X
X
X
P
P
P
 
X
X
 
Firearms Range
 
 
X
X
P
P
P
 
X
X
X
 
 
Pool Hall, Game Room
 
 
X
X
X
P
P
P
 
X
X
 
Private Recreational Club
 
 
X
X
X
P
P
P
 
X
X
 
Skating Rink
 
 
X
X
X
P
P
P
 
X
X
 
 Outdoor
Archery Range
 
 
S
 
S
S
X
S
 
Commercial Amusement Park
S
X
X
P
X
X
X
Commercial Recreation Park
 
 
S
X
X
P
 
X
X
X
X
 
Day Camp
X
 
 
X
 
 
P
 
X
X
X
X
 
Firearms Range
 
 
 
S
 
 
S
 
S
S
X
S
Fish Pond (Commercial)
 
 
 
X
 
 
P
 
X
X
X
Go-Cart Track
 
 
 
S
 
 
S
 
S
X
S
Golf Course, Miniature Golf, and Driving Range
 
 
S
S
 
P
P
P
 
S
S
X
S
Marina/Boat Dock
S
S
S
S
S
S
X
Riding Stable/Club
S
S
X
S
 
Rodeo Grounds
S
S
X
S
Skating Rink (Outdoor)
X
X
P
P
P
X
X
X
S
Skeet/Trap Range
S
S
S
S
X
S
Telecommunications/Broadcasting Towers/Buildings
S
S
S
S
S
S
S
S
S
Vehicle & Equipment Sales, Rental & Service
Automobile/Light Truck/Motorcycle Dealership
X
P
P
P
X
X
 
Auto Detail Shop
X
X
P
X
X
Auto Glass, Muffler, Seat Cover, Headliner Shop
X
P
X
X
Automobile Rental Agency
X
P
P
P
X
X
Auto/Truck/Equipment Auction Facility
X
P
P
X
X
 
Battery Service Shop
X
P
X
X
Car Wash
X
X
P
P
P
X
Tire Sales & Service Center (With Outdoor Display)
X
P
X
X
Tire Sales & Service Center (w/o Outdoor Display)
X
X
X
P
P
P
X
X
Motor Vehicle Repair
Auto and Motorcycle Service Garage
X
S
S
P
X
X
 
Auto Supply (W\Install)
X
X
P
P
P
X
X
Auto/Truck Paint & Body Shop
P
P
P
X
X
 
Transmission Repair Shop
X
X
P
X
X
Vehicle Towing Service
S
X
X
Heavy Equipment/Vehicle Sales/ Rental
Boat Dealership
 
X
P
X
X
 
Heavy Equipment/ Machinery Rental Yard
 
X
X
X
Heavy Machinery Dealership (Sales & Service)
 
S
X
X
 
Manufactured Housing Sales Lot
 
X
X
X
R.V. Dealership
 
X
P
X
X
Truck Stop (Fuel, Service)
 
X
X
X
Truck/Heavy Equipment Rental Facility
 
X
P
X
X
Truck/Tractor (Sales, Rental, & Service)
 
X
P
X
X
INDUSTRIAL
Manufacturing, Production & Industrial Service
Limited
Electronic/Electrical Equipment Mfg.
 
X
 
Food Manufacturing/ Processing Plant
 
X
X
X
 
Furniture/Fixtures Manufacturing Plant
 
X
Lithographic Shop/ Commercial Printer
X
X
P
X
 
Meat/Fish Packing Plant
X
 
Milk Distribution Station
X
X
X
 
Newspaper Printing Plant
X
X
P
X
X
Poultry Processing Plant
X
Printing/Publishing Plant
X
X
X
Sheet Metal Fabrication Shop
X
X
 
Sign Contractor's Shop/Yard
X
X
X
General
Acid Manufacturing Plant
X
Auto/Truck Assembly Plant
X
Battery Storage Power Station
S
Boat Manufacturing Plant
X
X
Chemicals/Allied Products Mfg. Plant
X
 
Fabricated Metal Production Facility
X
 
Fertilizer Plant
X
X
Grain/Feed Processing Plant
X
X
X
 
Foundry/Metals Manufacturing Plant
X
Home Appliance Manufacturing Plant
X
Industrial/Commercial Equipment Mfg.
X
 
Motor Freight Terminal
X
X
Pulp-Paper Mill
X
Railroad Depot
X
X
X
X
Railroad Freight Terminal
X
Sand, Gravel, Stone, Earth, Mineral Extraction
S
S
S
S
S
S
S
S
S
S
S
S
S
Sand, Gravel, Stone, Earth, Mineral Sales
X
X
Textile Mill
 
 
 
 
 
 
 
 
 
X
 
Tire Retreading/ Vulcanizing Plant
 
 
 
 
 
 
 
 
X
X
 
Wood Products Mfg. Plant (10+ Employees)
 
 
 
 
 
 
 
 
X
X
 
Oil/Gas Treatment
Oil & Gas Exploration (Drilling Activity)
S
S
S
S
S
S
S
S
S
S
S
S
S
X
 
Oil & Gas Exploration (Producing Well)
S
S
S
S
S
S
S
S
S
S
S
S
S
X
Oil & Gas Field Equipment Sales/Rental
X
X
 
Oil & Gas Treatment/ Processing Plant
X
 
Petroleum Refinery
X
 
Petroleum Tank Farm
X
Research Laboratory
Laboratory Mfg.
X
X
Warehousing and Wholesaling
Frozen Food Locker Plant
X
P
X
X
 
Hauling & Storage Facility
X
P
X
X
 
Warehouse & Distribution Center
X
P
X
X
Waste and Disposal
Junk/Salvage Yard
S
Sanitary Landfill
S
X
Recycling Facilities
Building Materials Salvage Yard
X
Industrial Recycling Plant
X
X
Recycling Center/Collection (Cans, Glass, Paper)
X
X
P
P
X
X
X
Recycling Center (Hazardous Material)
 
 
 
 
 
 
 
 
 
X
 
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2011-8, 1/26/11) (Ord. 0-2011-45, 6/8/11) (Ord. No. 0-2012-38; 4/25/12)(Ord. 0-2013-16, 2/27/13) (Ord. No. 0-2014-113; 12/10/14)(Ord. No. 0-2016-8; 1/27/16) (Ord. No. O-2018-17; 2/14/18) (Ord. No. 0-2023-115; 12/13/23)(Ord. No. 0-2024-68; 7/24/24)

Sec. 10-50. Residential Use Categories

   a.   Household Living
      Includes all residential dwelling units occupied by a household on a month-to-month or longer basis. Typical use types include detached single-family dwellings, attached single-family dwellings; multi-family dwellings; duplexes, accessory dwelling units; manufactured home parks; and planned residential developments.
   b.   Group Living
      Includes residential uses other than household living, such as assisted living units, nursing homes, community residences for special populations such as the elderly, persons with disabilities, persons recovering from addition or domestic abuse, and the homeless; caretaker typically on duty from 8 to 24-hours/day; provides common kitchen/dining facilities.
      1.   Typical Use Types
         (a)   Assisted Living
A group living facility that provides health and living services for persons who because of age, illness or infirmity cannot live independently but do not require continuous nursing care.
         (b)   Community Residence
            A single dwelling unit occupied on a relatively permanent basis in a family-like environment by unrelated persons with disabilities.
            (1)   Small
               Small community residences house no more than 6 residents plus staff, are certified by the State of Texas, and are supervised by full-time paid professional support staff whenever residents are present.
            (2)   Large
               Large community residences are either not licensed or certified by the State of Texas, or are not supervised, or have 7 or more persons plus staff, whether licensed or not.
         (c)   Crisis Center
            A secure public or private facility established to offer assistance, temporary shelter and counseling to individuals who have suffered a crisis in their personal lives and which may be in danger of physical or psychological harm.
            (1)   Small
               Small crisis centers house no more than 6 residents plus staff, whether licensed or not.
            (2)   Large
               Large crisis centers have 7 or more persons plus staff, whether licensed or not.
         (d)   Halfway House
            A licensed group residential facility for housing inmates on release from more restrictive custodial confinement, or for housing other individuals, initially placed in such a facility, in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to aid residents in their return to society, thus enabling them to live independently.
         (e)   Rehabilitation and Recovery Facility
            A residential facility which provides housing and care to not more than six persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, living together with not more than two supervisory personnel, as a single housekeeping unit.
         (f)   Rescue Mission/Home
            A group residential facility, usually operated by a nonprofit, charitable, or religious organization, which provides temporary boarding and/or lodging and ancillary services on the premises to primarily indigent, needy, homeless, or transient persons.
         (g)   Skilled Nursing Home/Rehabilitation Center
            A facility that provides medical, nursing, and/or rehabilitation services for persons who require 24-hour skilled nursing supervision and care.
   c.   Industrialized Housing
   Pursuant Texas Occupations Code, Chapter 1202.253, or successor, a municipality may adopt regulations that require single-family or duplex industrialized housing or duplex industrialized housing to:
      1.   have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
      2.   have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
      3.   comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; or
      4.   be securely fixed to a permanent foundation.
   d. Impediments to Fair Housing

The City of Tyler has many residential zoning districts which allow for a variety of housing types. The allowed housing categories include single-family detached homes, single-family attached homes (i.e. duplexes, townhouses and rowhouses), garage apartments, loft apartments, apartment complexes and manufactured homes. In addition, the zoning districts allow for a variety of lot sizes ranging from a minimum size of 3,000 square feet to 43,560 square feet (one acre). The maximum density allowed for apartment complexes is 24 units per acre, and there is no minimum density required. These zoning districts are found in all areas of the City. This affirmatively demonstrates that there are no impediments to fair housing in the City of Tyler. (Ord. No. 0-2011-45; 6/8/2011)

Sec. 10-51. Public and Civic Use Categories

   a.   Correctional/Detention Facility
      A public facility, operated by Smith County, the State of Texas, or the federal government, or by a commercial entity under contract to one of these governments, used for long-term incarceration of individuals convicted of crimes. Such facilities include minimum and maximum security prisons for adults and juvenile detention centers for minors.
   b.   Cultural Facilities and Libraries
      Includes arts, culture, and performing arts facilities, such as museums, theaters, libraries, and art exhibit spaces.
   c.   Day Care Centers
      Uses providing care, protection, and supervision for children or adults on a regular basis away from their primary residence.
   d.   Hospital
      Uses providing medical or surgical care to patients and offering inpatient (overnight) care.
   e.   Parks and Open Space
      Includes active and passive recreation, social, and multi-purpose uses typically associated with public parks, public open spaces, outdoor recreation areas, and associated buildings. (see also Sports and Recreation (Outdoor)). Typical uses include animal parks, ball fields, botanical gardens, fairgrounds and permanent exhibition sites, recreational vehicle parks, and zoos.
   f.   Passenger Terminals
      Facilities serving for passenger arrival and departure by travel modes such as aircraft, bus, or train. Typical uses include airports, landing strips, bus stations and depots, and heliports.
   g.   Public Assembly
      Includes convention centers and stadiums.
   h.   Public Facilities
      Includes uses such as police and fire stations and post offices. 
   i.   Religious Assembly
      Religious uses commonly involving public assembly as customarily occurs in churches, synagogues, mosques, and temples.
   j.   School
      Includes all primary, elementary, middle, and high schools (both public and private, and charter or religious). Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting.

Sec. 10-52. Commercial Use Categories

   a.   Animal Sales and Service
      Includes enclosed retail sales, veterinary services, grooming, and boarding of small, domesticated household pets within a building and buildings designed or used for the care, observation, or treatment of domestic animals. Typical uses include kennels, pet shops, pet grooming shops, and veterinary clinics.
   b.   Banks and Financial Services
      Includes financial or securities brokerage services, including but not limited to stand-alone automatic teller machines, banks, savings and loan offices, and consumer investment businesses. Also includes pawn shops and payday loan outlets.
   c.   Construction Sales and Service
      Includes construction activities and incidental storage on lots other than construction sites; Also includes the retail or wholesale sale of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, and excluding those uses classified under “Vehicle Sales and Service.” Typical uses in this category include building material supplies stores, e.g., lumber yards, cabinet/woodworking shops, contractor’s shops and storage yards, wholesale electrical, plumbing, air conditioning and heating outlets,
   d.   Eating Establishments
      Any establishment primarily engaged in serving prepared food to the public, including those with outdoor seating areas. Typical uses include bakeries, cafes, coffee shops, delis, ice cream parlors, and restaurants.
   e.   Entertainment (Indoor)
      Includes movie theaters, dance clubs, country clubs, social clubs, where alcohol may be served.
   f.   Entertainment (Outdoor)
      Includes open air amphitheaters, rodeo grounds, and drive-in theaters.
   g.   Funeral and Interment Service
      Includes establishments that provide services of preparing the dead for burial and arranging or managing funerals, including funeral homes, crematories, and cemeteries.
   h.   Gas Station
      Includes establishments whose principal use is the dispensing and retail sales of motor vehicle fuels, oil, and accessories, where repair service or car wash facilities is incidental, and where no motor vehicle storage is present and where no motor vehicles are offered for sale.
   i.   Lodging
      Includes all overnight accommodations intended for short term stays of less than 30 days for rent or lease. Includes bed and breakfast establishments, boarding or rooming houses,
   j.   Medical and Dental Clinic
      Includes establishments where patients are treated on an outpatient basis by physicians, dentists, or optometrists; blood banks, also includes medical laboratories that serve such clinics; does not include facilities for overnight stays by patients.
   k.   Office
      Professional, governmental, executive, management or administrative offices of private or governmental organizations.
   l.   Office Park
      A large tract of land, often developed as a campus, that has been planned, developed, and is operated as an integrated facility for a number of separate office buildings and supporting ancillary uses.
   m.   Parking Garage/Lot (commercial)
      Facilities that provide car parking for a fee or free of charge that are not an accessory activity to a principal use.
   n.   Personal and Consumer Service
      Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience. For example, consumer services include the provision of personal services such as beautician and barbering services, specialized instruction, laundry and dry cleaning services, and all other similar services.
   o.   Retail Sales and Service
      Businesses that sell, lease, or rent new or used products to the general public that are not intended for resale. Typical uses include bookstore, clothing store, convenience stores, department stores, furniture and appliance stores, gift shops, hardware stores, lawn & garden centers, pharmacies, shoe stores, thrift shops, and video stores.
   p.   Self Service Storage Facility
      Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise located elsewhere, where such storage space is not used for any retail, manufacturing, wholesale, business or service use.
   q.   Sexually Oriented Business
      Includes adult bookstores, adult motion picture theaters, adult mini motion picture theaters, adult entertainment cabarets, adult model studios, massage establishments, or similar establishments.
   r.   Sports and Recreation (Participant)
      1.   Indoor
         Generally commercial uses, varying in size, providing daily or regularly scheduled entertainment-oriented activities in an indoor setting. Typical uses in this category include bingo parlors, bowling alleys, commercial amusement centers/game arcades, firearms ranges, pool halls, and skating rinks.
      2.   Outdoor
         Commercial uses, varying in size, providing daily or regularly scheduled recreation or entertainment-oriented activities. Such activities may take place outdoors or within a number of structures. Typical use types in this category include commercial amusement parks, day camps, firearms ranges, fish ponds (commercial), go-cart tracks, golf courses, riding stable/clubs, skating rink, and skeet/trap shooting ranges.
   s.   Vehicle and Equipment Sales and Service
      Includes businesses engaged in direct sales of and service of passenger vehicles, light and medium trucks, and other consumer vehicles such as motorcycles, boats, and recreational vehicles. Also includes self service and staffed car washes, battery service shops, oil change shops.
   t.   Heavy Equipment and Vehicle Sales/Rental
      Includes any business that sells, leases, rents, or wholesales from the premises automobiles, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. of gross cargo capacity, motor homes, and boat dealers, along with incidental maintenance. Also includes any businesses that sells, leases, rents or wholesales from the premises heavy construction equipment, farm implements, tractors, trucks, or aircraft, along with incidental maintenance.
   u.   Motor Vehicle Repair
      A business or premises where repair work on or for motor vehicles, the replenishing of parts thereto, the changing of tires, the diagnosis of malfunctions of a motor vehicle, or the estimating of damage and necessary repairs is conducted. Typical motor vehicle repair use types include auto service garage auto supply store, w/installation; auto transmission repair shop; auto/truck paint & body shop and tire sales and service (w/ and w/o outdoor display).
   v.    Right-of-Way Food Sales.    Right-of-way food sales not in compliance with Tyler City Code Chapter 17 are prohibited and are illegal. Also, any food sales are subject to any applicable Orders of the Northeast Texas Public Health District. (Ord. No. 0-2012-38; 4/25/12) (Ord. No. 0-2014-113; 12/10/14)

Sec. 10-53. Industrial Use Categories

   a.   Manufacturing, Production and Industrial Service
      1.   Limited
         Includes facilities that manufacture finished parts or products, primarily from previously prepared materials, typical use types include eletronic/eletrical equipment manufacturing; food and beverage manufacturing and processing plant; furniture and fixtures manufacturing plant; lithographic shop/commercial printer; milk distribution station; newspaper printing plant; recycling collection (outdoor); reprographic service; sheet metal fabrication shop; and sign contractor’s shop/yard.
      2.   General
         Includes facilities that manufacture finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials, typical use types include animal slaughtering, rendering, and tanning boat manufacturing plant and yard chemical and acid manufacturing plant explosives manufacturing/storage fertilizer plant; foundry; grain/feed processing plant; home appliance manufacturing plant; industrial and commercial equipment manufacturing plant; metal fabrication and production facility; sand, gravel, stone, mineral extraction; textile mills; and wood products manufacturing plant.
   b.   Oil/Gas Treatment
      Typical use types include bulk storage of flammable materials; oil & gas exploration (drilling); oil & gas exploration (producing well); oil & gas field equipment sales/rental; oil & gas treatment/processing plant; refinery; and petroleum tank farm.
   c.   Research Laboratory
      A building or group of buildings used for scientific research, investigation, testing or experimentation, but not primarily facilities for the manufacture or sale of products.
   d.   Trucking/Freight Terminal
      A building or area where freight is collected, stored, and/or dispatched for intrastate or interstate shipment.
   e.   Warehousing and Wholesaling
      Typical uses include storage, wholesale sales, and materials distribution and equipment, including but not limited to storage warehouses, moving and storage firms, trucking or cartage operations, truck staging or storage areas, frozen food locker plants, hauling and storage facilities and warehouses and distribution centers.
   f.   Waste and Disposal
      1.   Junkyard
         Any land or structure used for a salvaging operation, including, among other things, the storage and sale of wastepaper, rags, scrap metal and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.
      2.   Sanitary Landfill
         A method of disposing of refuse in accordance with state and federal regulations.
   g.   Recycling Facility
      Any business that engages in the collection, storage or processing of any type of aluminum, glass, paper, plastic, rubber, textile, landscape waste or other similar materials for the purpose of marketing the material for use in the manufacturing process of new, reused or reconstituted products. Typical use types include industrial recycling plant, recycling center (cans, glass or paper); recycling center (hazardous material); and recycling collection.

Sec. 10-54. Agricultural Use Group

   a.   Farming
      Includes activities such as growing crops, managing livestock, forestry, tree farming, dairy farming, stock, and poultry farming; also includes storage, exhibition, and production of farm goods and products. Typical use types include dairy farm; crop production; grain elevator; livestock; livestock auction facility; orchard; and tree farm.

Sec. 10-55. Other Uses Not Yet Categorized

   a.   Accessory
      A subordinate use that is incidental to and customary in connection with the principal building or use and is located on the same lot.
   
   b.    Drive-through Facilities

      1.   Facilities used to provide or dispense products or services, through an attendant or a window or an automated machine, to persons remaining in vehicles that are in a designated stacking aisle and not in a building or facility as defined in subsection 2 of this section. A drive-through facility may be in combination with other uses, such as a financial institution, personal service use, retail store, or eating establishment. A drive-through facility does not include a car wash, gas station, or building or facility regulated by subsection 2 of this section.

      2.   Drive-through service areas used primarily for retail sale or delivery of pre-packaged foods or beverages for off-premises consumption. The use of an enclosed or unenclosed drive-through service area that allows passage of motor vehicles therein for the primary purpose of retail sale of, or retail delivery of, pre-packaged foods or beverages for off-premises consumption, is only allowed through the issuance of a Special Use Permit. For purposes of this subsection, the term "enclosed" means a drive-through service area allowing entry and exit of motor vehicles, that is used primarily for retail sale or delivery directly to the public, and which is completely enclosed or covered by, or the majority of the service area is enclosed or covered by, solid walls, windows or partitions on at least two (2) sides. For purposes of this subsection, the term "pre-packaged foods or beverages" shall include foods or beverages for off-premises human consumption that are not prepared on site at the location. Activity under this subsection is allowed only in the "M-2", General Industrial District, and only if the City Council approves the issuance of a Special Use Permit pursuant to Chapter 10, Article IX., Division A. (Ord. No. 0-2012-90; 11/13/12)
 
   c.   Home Occupation
      A business use that takes place on the premises of a residential use, either within the dwelling unit or in an accessory structure or building, where the dwelling unit is the principal residence of the business operator.
   d.   Wireless Communication Facility
      Facilities related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals. These may include, but is not limited to, radio towers, television towers, telephone exchanges, microwave relay towers, telephone transmission equipment buildings, and commercial mobile radio service facilities. The wireless communication facility use category includes all associated equipment unless the written context clearly indicates that another meaning is intended. The term “associated equipment” is to be read broadly and in context. Associated equipment may include, but is not limited to: antenna, equipment shelter or platform, lighting, monopole tower, mounting hardware, and supporting electrical or mechanical equipment.
      1.   Freestanding
      A wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two or more antenna systems.
      2.   Colocated
      A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances.

Sec. 10-60. Manufacturing

   a.   In the M-1 District, all manufacturing, assembly, repair, or work activity, other than permitted storage or sales, must take place inside an enclosed building.
   b.   In the M-2 District, all manufacturing, assembly, repair, or other manufacturing activities, may take place outside the enclosed building, provided it is surrounded by a sight-proof screen which restricts the public view of the activity. Offices that operate in conjunction with the manufacturing use must be conducted indoors. The following uses may require approval of the Northeast Texas Public Health District, the city fire marshal and/or other federal, state, and county regulatory agencies. The city may require additional restrictions designed to protect the public health, safety, and welfare.
      1.   Automobile or equipment salvage yard;
      2.   Building material salvage yard;
      3.   Salvage yard for any kind of material;
      4.   Scrap metal storage yard;
      5.   Used building materials storage yard; and
      6.   Any other operation which in the opinion of the planning director is similar in operation or appearance to the uses listed above.

Sec. 10-62. Manufactured Home Parks

   a.   Purpose
      The purpose of this section is to provide for manufactured home parks which lease pad sites within the park. In such manufactured home parks, no buildings or land may be used and no building may be erected or structurally altered, unless otherwise provided in this section, except for one or more of the following uses, which are expressly prohibited in any other use district.
   b.   Required Conditions
      1.   Manufactured home parks will be permitted only on land zoned R-MH Manufactured Home Residential District.
      2.   Minimum area is 10 acres.
      3.   A manufactured home park must contain a minimum of 20 spaces.
      4.   The density must not exceed nine units per acre.
      5.   A solid wall or fence at least six feet in height must be erected and maintained along all boundaries of an R-MH District developed as a manufactured home park; except:
         (a)   Where its boundary abuts another manufactured home development.
      6.   Park must have direct access to a street having a dedicated and accepted right-of- way of not less than 60 feet.
      7.   An internal street must be provided to each R-MH space. Each internal street must be paved to a width of not less than 25 feet. The internal streets must be continuous and connect to other internal streets or with public streets, or be provided with a paved cul-de-sac having a diameter of 95 feet. No internal street ending in a cul-de-sac may exceed 600 feet in length. (ORD. 0-97-62, 12/10/97)
      8.   Accessory buildings in the R-MH district must be at least 10 feet from any side or rear line of a plot, lot, or tract and will be subject to the front yard requirements provided in the residential dimensional standards table in Sec. 10-27.
      9.   Accessory structures in the R-MH district, such as an awning, cabana, carport, storage cabinet, or porch that has a floor area of 25 square feet or more will be considered the same as a manufactured home for establishing the minimum side yard clearance.

Sec. 10-63. Single-Family Attached and Multi-Family Residential Districts

   a.   Open Space Requirements
      1.   Each lot or parcel of land that is used for multi-family residences must provide 15 percent useable open space per unit.
      2.   The open space must be located on the same lot or parcel of land or adjacent land under unified control.
      3.   Pools, tennis courts, walkways, patios, and similar amenities may be located within areas designated as useable open space. Covered or underground easements with useable open space may be included as part of the recommended open space. Areas occupied by enclosed buildings (except gazebos and pavilions), street and alley rights-of-way and/or easements, driveways, parking and drainage channels may not be included in calculating useable open space. (Ord. No. 0-2014-97; 10/22/14)
      4.   Useable open space must be a minimum of 15 feet wide and have no slope greater than ten percent.
      5.   The city council may approve a decrease in the amount of required open space when the site plan includes unique design features or amenities that achieve an especially attractive and desirable development such as, but not limited to, terraces, sculpture, water features, preservation and enhancement of unusual natural features, or landscape sculpture (areas which are intensely landscaped).

Sec. 10-64. Outdoor Sales and Promotional Activities

   a.   Outdoor sales and promotional activities are permitted in accordance with the nonresidential use table in Sec. 10-49 and may be temporarily displayed or conducted outdoors in districts, provided:
      1.   The display or activity must be limited to the private walk or parking area in front of the store.
      2.   The special sales merchandise displayed outdoors, e.g., a "tent sale" or "parking lot sale,” and its location, are approved by the planning director, through issuance of a temporary use permit (TUP).
      3.   The special promotional devices, or promotional activities, e.g., balloons, banners, etc., and their location, are approved by the planning director, through issuance of a Temporary Use Permit (TUP).

Sec. 10-65. Planned Districts

   a.   A planned district may be established only on a tract that is in single ownership or under unified control.
   b.   All parking, loading areas, and walks within a planned district must be paved with hard surface material meeting applicable city specifications.
   c.   Any part of the project area not used for buildings or other structures, or for parking, loading, or access ways, must be landscaped with grass, trees, shrubs, and pedestrian walks in compliance with the city landscape ordinance.
   d.   A planned district must be located in a way that acceptable access to major thoroughfares and those thoroughfares must be adequate to carry the additional traffic generated by the uses in the planned development.

Sec. 10-66. Townhouses

   a.   There may be up to six attached single-family residences in one continuous row or group.
   b.   No dwelling unit may be constructed above another unit.
   c.   All attached single-family residences or accessory structures within a contiguous group must be at least 15 feet from any portion of an attached single-family residences or accessory structure of another attached single-family residences group.
   d.   Each lot or parcel of land that is used for attached single-family residences must provide 15 percent useable open space per unit. (Ord. No. 0-2019-87; 10/8/19)

Sec. 10-67. Two-Family Residences in R-1C

   a.   Expansion of two-family occupancy is prohibited in an R-1C district. Parcels developed for single-family occupancy may not be redeveloped or modified at a higher density. Undeveloped parcels in the district are limited to single-family housing.
   b.   All property developed and currently used for two-family occupancy in the R-1C district are permitted to continue as such.
   c.   Any property developed as two-family housing may resume such use after any period of time in which such occupancy has been discontinued.
   d.   For those properties permitted the continuation of existing two-family occupancy, the right is reserved to rebuild if the structure(s) are totally or partially destroyed or damaged by fire, explosions, acts of God, or the public enemy, under the following conditions:
      1.   The structure(s) may be restored to their original dimensions and two-family occupancy continued if the repairs or rebuilding are initiated within 120 days of destruction or damage. If repairs or rebuilding is not initiated within the 120 days, as evidenced by the issuance of a building permit, any repairs or new construction will conform to all of the regulations of the R-1B Single Family Residential District, including the limit of single-family occupancy.
      2.   If the structure is damaged to an extent that is less than 50 percent of the assessed value as listed on the records of the Smith County Appraisal District, the structure(s) may be repaired or reconstructed to original dimensions and continue to be used for two-family occupancy if such repairs or reconstruction are completed within one year from the date of such damage.

Sec. 10-68. Gas Stations

   The sale of gasoline or other motor fuels is permitted in accordance with the use tables in Sec. 10-49, provided:
   a.   That pump islands are located a minimum of 15 feet from any public right-of-way.
   b.   That island canopy overhangs are located at least 10 feet from any public right-of-way, have a minimum height of 12 feet and supportive posts of such canopies are located at least 15 feet from any public right-of-way.
 
   c.      Outdoor Display and Service
      1.   Gas stations in industrial districts may openly display merchandise commonly sold by such operations, provided that the display does not extend to a height greater than that of the front facade of the main building, nor the vertical area of the display, exceed 50 percent of the vertical area of the front facade of the main building.
 
      2.   Gas stations may be used for the storage of rental trucks or trailers, if paved parking is provided for the trucks and trailers, and these rental vehicles do not occupy required off street parking spaces.
      3.   Areas used for outdoor storage or display must be maintained so that excessive dust, fumes or odors will not be produced by continued use.
      4.   Areas devoted to required parking spaces, loading areas, vehicle maneuvering, public sidewalks, or street right-of-way may not be used for display or sales.
   d.   Screening
      1.   Outdoor storage of equipment, materials, and merchandise for sale on the service station premises is permitted. Outdoor storage of equipment, materials, or merchandise not actively offered for sale or use must be surrounded by an opaque screen which restricts their view from the public.
 
      2.   In all districts in which service stations are permitted, a permanent opaque screening fence, wall, or landscaped buffer must be provided along any side or rear property line which abuts property zoned for residential purposes. The opaque screening fence must be a minimum height of six feet, measured from finished grade to the top of the screen. All fences and buffer areas must be maintained in a safe and orderly condition.
 
   e.   Overnight Stays
      Sleeping facilities required by security personnel employed upon the premises are permitted in the M-1 and M-2 districts. No other overnight accommodations, including residential uses, are allowed.

Sec. 10-69. Wireless Transmission Facilities

   a.   Purposes
      1.   To provide for broadcasting or reception towers or antennas situated on non-residential sites that are intended for transmitting or receiving television, radio, cellular, or telephone communications.
      2.   To establish guidelines for the placement of towers and antennas.
      3.   To encourage the joint use of new and existing tower sites.
      4.   To balance the need of providers of telecommunications services to provide quick, effective, and efficient service with the safety and welfare of the public pursuant to federal law.
   b.   Required Conditions
         Any commercial, radio, television, cellular, or microwave towers, reflectors, antennas, or support structures constructed after the effective date of this ordinance (3/26/03) are prohibited in Residential districts, excluding multi-family districts where permitted in this Chapter.
   c.   Special Use Permit and Site Plan Required
         Broadcasting and communications towers or antennas may not be constructed unless the planning and zoning commission has reviewed, and city council has approved, a Special Use Permit (SUP) and site plan pursuant to Article IX, Division A.
   d.   Procedures
         Any person wishing to construct a new broadcasting or communication tower/antenna must make application to the planning department for a special use permit. A detailed site plan must be submitted with the SUP application for each tower/antenna location, and must contain the following:
      1.   Location of proposed tower/antenna, including the zoning and land use of adjacent property.
      2.   All significant structures within one-half mile of the proposed tower/antenna location. Significant structures include all publicly or privately owned buildings or structures (excluding utility poles) or street or traffic light standards, that are equal to or greater than 20 feet below the requested antenna height. This information will be used to determine where co-location sites exist in lieu of the construction of new towers/antennas.
      3.   Propagations for the area as provided for the initial site determination (if applicable).
      4.   Photo or architectural simulation of the proposed tower/antenna development site from adjacent properties and rights-of-way.
      5.   A detailed landscape/screening plan to include the complete pad site. The landscape/screening plan must be consistent with the design and material of the surrounding properties. Additional requirements as to landscaping, lighting, screening, accessways, driveways, signs, and other like requirements may be imposed by the planning and zoning commission and city council for the protection of adjoining and surrounding properties.
      6.   Name, address, and telephone number of the person or entity responsible for removal of a tower/antenna in the event of abandonment. Should any of this information change after a SUP has been approved, such updated information must be provided to the planning department within 10 days.
      7.   Copies of FAA application or approval.
      8.   Explanation justifying the requested height of the tower/antenna.
      9.   Written confirmation from owners or authorized agents or structures identified as significant according to subsection d.2 above that details the reason(s) why the proposed tower/antenna cannot be co-located on a significant structure or building.
      10.   Engineering documents verifying new towers are able to accommodate no less than three but not more than five carriers based on structural data.
      11.   Adequate land area must be provided to accommodate up to three carriers but no more than five.
      12.   The application will be placed on the next available meeting of the planning and zoning commission. Any decision by the commission to deny a SUP for a tower or antenna will be in writing and supported by substantial evidence contained in a written record. Pursuant to Article IX, Division A, denial of a SUP may be appealed to the city council.
      13.   Upon appeal, the application for a SUP for a tower/antenna will be placed on the next scheduled city council meeting designated for hearing zoning matters. The city council must approve or deny the application for the SUP for a tower/antenna no later than 90 days after the original filing with the planning department. If the application is not denied within said 90-day period, then the application will be deemed approved. Any decision by the city council to deny an SUP for a tower/antenna must be in writing and supported by substantial evidence in a written record.
   e.   Administrative Approval for Changes to Existing Towers/Antennas
      The following broadcasting and communication towers or antennas will not require a Special Use Permit and may be approved by the Planning Director or designee:
      1.   A Minor Telecommunication Facility Modification subject to the following:
         a.   The applicant must provide a written rationale detailing how the application qualifies as a Minor Telecommunication Facility Modification. The Planning Director must approve or reject the request within 60 days the filing of the request with the planning department. If the application is not denied within the 60-day period, then it will be deemed approved.
         b.   Written record. Any decision by the planning director to deny a request for a change or alteration to a previously permitted tower, antenna, building, or structure must be in writing and supported by substantial evidence contained in a written record. The written decision of denial by the planning director must also indicate that the applicant may appeal, within 10 days, the decision of the planning director to the planning and zoning commission and the city council. In the event of such an appeal, the provisions of Article VIII, Division G herein will govern.
         c.   If the tower or antenna will constitute a Substantial Telecommunications Facility Modification as defined in this Chapter, then an SUP will be required and the provisions of subsection d. will govern.
         d.   All requirements and provisions in subsection d. are provided so that the planning director is able to ensure that all permitted collocation sites adhere to current safety and aesthetic standards.
      2.   Small Cell communication facilities on private property. The applicant shall submit a preliminary site plan for administrative review and approval by the Planning Director or designee. The applicant shall also submit an application which shall include: (i) photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility; (ii) a statement signed by a professional engineer licensed in the State of Texas stating that the proposed facilities comply with all applicable Federal Communications Commission regulations and (iii) such additional information as the Planning Director may reasonably require in order to determine whether the requirements of this Section are met. The application and site plan for the Small Cell communication facility shall be approved by the Planning Director only if the following minimum standards are met:
         a.   This subsection does not apply to Small Cells in the public right-of-way. These devices are subject to City Council approval pursuant to City Ordinance and State Law.
         b.   New building-or-structure mounted installations are not permitted inside of a historic district or within 250 feet of the boundary of a historic district; nor shall new installations be located on or within a structure that is designated as a National Historic Landmark or listed or eligible for listing in the National Register.
         c.   Small Cells shall be substantially concealed from view by means of painting or tinting to match the surface of the building or other structure to which they are affixed or by other suitable method, such as by flush-mounting or integration into the design elements of the building or structure.
         d.   Equipment other than whip antennas and electrical power or battery backup cabinets shall not exceed eight (8) cubic feet. Whip antennas shall be no longer than sixty-two (62) inches.
         e.   Electrical power and battery backup cabinets shall, to the extent practicable, be roof-mounted or otherwise located so as not to be visible from a public street or, where not practicable as determined by the Planning Director or designee, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street.
         f.   Small Cells shall be permitted in common areas serving multi-family residential zones (R-MF and PMF) and shall not be permitted in any other residential zones. They shall be permitted in all other non-residential districts with the exception of "AR" and residentially-used "AG" zones.
         g.   Special requirements based on whether Small Cell is affixed to a building, rooftop or pole:
            a.   Building-mounted.
               i.   The Small Cell may be attached to any building which is at least twenty (20) feet in height as measured from the ground level.
               ii.   When attached to such building, the Small Cell shall be affixed at least fourteen (14) feet in height as measured from the ground level and shall not protrude more than two feet above the roofline or from the building facade.
            b.   Rooftop-mounted.
               i.   Rooftop-mounted Small Cells are not permitted on buildings with pitched roofs.
               ii.   Rooftop-mounted Small Cells shall be screened per Section 10-341 of this Chapter.
            c.   Pole-mounted.
               i.   The Small Cell shall be mounted on a pole which supports an athletic field or parking lot light, street light or utility line. Such poles shall be at least fifteen (15) feet in height as measured from the ground level;
               ii.   The Small Cell shall not be more than five (5) feet above the height of the pole on which it is mounted;
               iii.   The Small Cell shall not protrude outward more than two (2) feet from the pole on which it is mounted;
               iv.   The Small Cell must maintain at least a fourteen (14) feet clearance from the bottom of the facility to the ground level below.
               v.   There shall be no more than one (1) Small Cell per pole;
         h.   At such time that the Small Cell communication facility ceases to be used for communications purposes it will be subject to Subsection k. of this Section.
         i.   The Planning Director must approve or reject the request within 60 days the filing of the request with the planning department. If the application is not denied within the 60-day period, then it will be deemed approved.
         j.   Written record. Any decision by the planning director to deny a request for a change or alteration to a previously permitted tower, antenna, building, or structure must be in writing and supported by substantial evidence contained in a written record. The written decision of denial by the planning director must also indicate that the applicant may appeal, within 10 days, the decision of the planning director to the planning and zoning commission and the city council. In the event of such an appeal, the provisions of Article VIII, Division G herein will govern.
         k.   Small Cells not in compliance with the above requirements are not eligible for administrative approval and an SUP will be required and all other provisions of this section will govern.
   f.   Tower/Antenna Height
      1.   No commercial radio, television, cellular, or microwave reflector tower/antenna or support structure may exceed 150 feet in height. Tower/antenna height is approved as part of the SUP or administrative approval process under this section.
      2.   Publicly owned towers/antennas will not be subject to maximum height requirements.
   g.   Entire Lot
         For purposes of determining whether the installation of a tower/antenna complies with district development regulations, setback requirements, and other zoning regulations, the dimensions of the entire lot will control, even though the towers/antennas may be located on portions of such lots.
   h.   Antenna Support Structure
      1.   Towers/antennas and required accessory buildings located within commercial and industrial zones must comply with the building setbacks for the specific zoning district.
      2.   A minimum setback for towers/antennas and required accessory buildings equal to the height of the tower/antenna is required from any residential zone boundary line.
   i.   Grandfathered Towers/Antennas
         Any tower or antenna lawfully existing on March 26, 2003 may continue to exist under the standards existing at the time that the tower/antenna was originally permitted. However, any changes or alterations to such previously permitted towers/antennas constituting a Substantial Telecommunications Facility Modification as defined in this Chapter will be subject to this ordinance.
   j.   Federal Requirements
         All towers/antennas must meet current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other federal agency having authority to govern towers/antennas.
   k.   Abandoned Towers/Antennas
      Any tower/antenna that has not been in operation for a continuous period of 12 months will be considered abandoned, and the owner or person in control must remove it within 90 days after receipt of written notice from the city. If such tower/antenna is not removed within 90 days, the city may remove it at the owner's expense. If there are multiple users on a single tower/antenna, the city will not direct the owner or person in control to remove it until all users cease using the tower/antenna.
   l..   Public towers/antennas
      All publicly owned antennas or communications structures are be to permitted in any district, provided that a license, lease, or other form of approval has been obtained from the city. (Ord. 0-99-72, 9/22/99) (Ord. No. 0-2003-11, 3/26/03)(Ord. No. 0-2012-83, 10/10/12) (Ord. No. 0-2017-69; 8/23/17)

Sec. 10-70. Television Satellite Dish Regulations

   a.   Purpose
To provide for installation of satellite dish antennas greater than three feet in diameter designed or used for reception of television or other electronic communications broadcast or relayed from an earth satellite.
   b.   Required Conditions
      1.   Administrative approval of site plan by a building official.
      2.   The satellite dish may be a solid, open mesh or bar configured structure, in the shape of a shallow dish or parabola.
      3.   A satellite dish may be located in a residential district provided the dish is:
         (a)   not located in a front yard, an exterior side yard of a corner lot, or in the front yard or exterior rear yard of a through lot.
         (b)   In compliance with setback requirements for accessory structures for the district in which it is located.
         (c)   ground-mounted
      4.   Satellite dishes that are attached to a structure will be considered a part of the structure.
      5.   Freestanding satellite dishes will be considered an accessory building.
      6.   The dish height does not exceed 12 feet above the existing grade.
      7.   Only one satellite dish antenna is permitted per lot.
      8.   Satellite dish antennas with a diameter measuring less than three feet may be installed in a manner consistent with typical television antennas. All dishes must be attached to the main building or in the back yard.
      9.   Satellite dish antennas in residential districts may be used only for private, non-commercial purposes.
   c.   All satellite dish antennas, in any zoning district, constructed and erected prior to the effective date of this ordinance, which do not conform to this section will be accepted as legal non-conforming antennas and will be subject to this ordinance. (ORD. 0-97-62, 12/10/97)

Sec. 10-71. Sexually Oriented Businesses

   a.   Purpose and Limitations
      1.   It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and welfare of city citizens, and to establish reasonable and uniform regulations.
      2.   These regulations prevent concentration of sexually oriented businesses within the city and prevent the establishment of these types of businesses near sensitive areas.
      3.   The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
      4.   It is not the intent or effect of this ordinance to determine which sexually oriented materials constitute obscenity. By issuing a sexually oriented business license pursuant to this section, the City of Tyler does not warrant in any way that the operator of the business is in compliance with, or will remain in compliance with, state laws regulating obscenity. Obscenity is determined by the specific provisions of Texas Penal Code Chapter 43 or successor, and by local community standards. Obscenity is not determined by the city of Tyler or by this ordinance. In issuing a sexually oriented business license, the city only warrants that, at the time of issuance, the operator is in compliance with the minimum requirements of city building, zoning, fire, and health ordinances.
      5.   The city council finds that sexually oriented businesses, because of their very nature have a deleterious effect on both the existing businesses around them and surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. Numerous studies, reports, and findings concerning the harmful effects of sexually oriented businesses on surrounding land uses and neighborhoods have been produced and reviewed, including studies from Abilene and Dallas, Texas.
      6.   It is the intent of the city council that the locational regulations of this section are promulgated pursuant to the Chapter 243, Texas Local Government Code, or successor statute (Ord. No. 0-99-48, 7/7/99)
   b.   Classification
Sexually oriented businesses are classified as follows:
      1.   Adult arcades;
      2.   Adult bookstores or adult video stores;
      3.   Adult cabarets;
      4.   Adult motels;
      5.   Adult motion picture theaters;
      6.   Adult theaters;
      7.   Escort agencies;
      8.   Nude model studios; and
      9.   Sexual encounter centers.
   c.   License Required
      1.   It is illegal to operate a sexually oriented business without a valid license, issued by the city for the particular type of business.
      2.   An application for a license must be made on a form provided by the planning department. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with subpart Q "Additional Regulations Pertaining to Exhibition of Sexually Explicit Films and Videos" of this section shall submit a diagram meeting those requirements.
      3.   The applicant must be qualified according to this ordinance and the premises must be inspected and found to be in compliance with the law by the health district, fire department, and building official.
      4.   A person who wishes to operate a sexually oriented business and who is an individual, must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified as required herein and each applicant shall be considered a licensee if a license is granted.
   d.   Issuance of License
The building official will approve the issuance of a license to an applicant within 30 days after receipt of an application unless the applicant:
      1.   Is under 18 years of age.
      2.   Or spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against applicant or imposed upon spouse.
      3.   Has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
      4.   Or spouse has been convicted of a violation of this ordinance, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application.
      5.   Is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
      6.   Cannot show the premises to be used for the sexually oriented business have been approved by the health district, fire department, planning department, neighborhood services, and the building official as being in compliance with applicable laws and ordinances.
      7.   Has not paid any applicable fees.
      8.   Has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
      9.   Or the proposed establishment is in violation of or is not in compliance with any section of this ordinance.
      10.   Or spouse has been convicted of a crime involving any of the following offenses as described in Chapter 43 of the Texas Penal Code, or successor statute:
         (a)   Prostitution;
         (b)   Promotion of prostitution;
         (c)   Aggravated promotion of prostitution;
         (d)   Compelling prostitution;
         (e)   Obscene display or distribution;
         (f)   Obscenity;
         (g)   Employment harmful of minor;
         (h)   Sale, distribution or display of harmful material to a minor;
         (i)   Sexual performance by a child;
         (j)   Possession or promotion of child pornography; or
         (k)   Any of the following offenses as described in Chapter 21 of the Texas Penal Code, or successor statute: (i) public lewdness; (ii) indecent exposure; indecency with a child; or
         (l)   Sexual exploitation by mental health service provider; as described in Chapter 81 of the Texas Civil Practice and Remedies Code, or successor statute; or
         (m)   Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code, or successor statute; or
         (n)   Incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code, or successor statute; or
         (o)   Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or less than five years have elapsed since date of the last conviction or date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period; or has been convicted, or whose spouse has been convicted, of an offense listed in herein may qualify for a sexually oriented business license only when the time period required herein has elapsed.
      11.   The license, if granted, shall state on its face the name of the person(s) to whom it is granted, the expiration date, and address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
   e.   Fees
      An annual fee for a sexually oriented business license must be paid in an amount kept on file in the planning department.
   f.   Inspection
      1.   An applicant or licensee shall permit representatives of the police department, fire department, health district, neighborhood services department, building inspection department, and planning department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
      2.   It is unlawful for any operator of a sexually oriented business or agent or employee to refuse to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
   g.   Expiration of License
      1.   Each license will expire one year from date of issuance and may be renewed only by making application as provided in subpart c. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
      2.   When the building official denies renewal of a license, the applicant will not be issued a license for one year from the date of denial. If, subsequent to denial, the Building Official finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
   h.   Suspension
      The building official will suspend a license for a period not to exceed 30 days if it is determined that a licensee or employee has:
      1.   Violated or is not in compliance with any section of this code.
      2.   Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
      3.   Refused to allow an inspection of the sexually oriented business premises as authorized by this ordinance;
      4.   Knowingly permitted gambling by any person on the sexually oriented business premises;
      5.   Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
   i.   Revocation
      1.   The building official will revoke a license if a cause of suspension as set out herein occurs and the license has been suspended within the preceding12 months.
      2.   The building official will revoke a license if it is determined that the Licensee or employee:
         (a)   gave false or misleading information in the material during the application process;
         (b)   has knowingly allowed possession, use or sale of controlled substances on the premises;
         (c)   has knowingly allowed prostitution on the premises;
         (d)   has knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
         (e)   has been convicted of an offense listed herein for which the time period required herein has not elapsed;
         (f)   On two or more occasions within a twelve-month period, committed an offense occurring in or on the licensed premises of a crime listed herein;
         (g)   has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as defined in Section 21.01 Texas Penal Code, or successor statute. (This does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view); or
         (h)   A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
      3.   When the building official revokes a license, the revocation will continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the building official finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subpart (e), an applicant may not be granted another license until the appropriate number of years required there under has elapsed.
   j.   Appeal
      If the building official denies the issuance of a license, or suspends or revokes a license, written notice of the action and the right to appeal will be sent to the applicant, or licensee, by certified mail, return receipt requested. The aggrieved party may appeal the decision of the building official to the zoning board of adjustment in accordance with section 10-771. The filing of an appeal stays the action of the building official in suspending or revoking a license until the zoning board of adjustment makes a final decision.
   k.   Transfer of license
A licensee must not transfer a license to another, nor may a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
   l.   Locations of Sexually Oriented Businesses
      1.   The location of sexually oriented businesses is allowed in the industrial zoning districts, subject to the distance and licensing requirements of this ordinance.
      2.   Sexually oriented businesses must not be located within 800 feet of:
         (a)   A religious institution;
         (b)   A public or private elementary or secondary school;
         (c)   A boundary of a residential district as defined in this section;
         (d)   A public park adjacent to a residential district as defined in this section; or
         (e)   The property line of a lot devoted to a residential use as defined in this section.
      3.   Measurement must be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious institution or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
      4.   The operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business is prohibited. The distance between any two sexually oriented businesses must be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
      5.   Any sexually oriented business lawfully operating on the date of enactment of this ordinance that is in violation of this section will be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses must not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
      6.   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a religious institution, public or private elementary or secondary school, public park, residential district or residential lot within 800 feet of the sexually oriented business. This provision applies only to renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
   m.   Additional Regulations for Escort Agencies
      1.   An escort agency must not employ any person under the age of 18 years.
      2.   It is illegal for any person under the age of 18 years to act as an escort or agree to act as an escort.
   n.   Additional regulations for Nude Model Studios
      1.   A nude model studio must not employ any person under the age of 18 years.
      2.   It is illegal for a person under the age of 18 years to appear in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years of age was in a restroom not open to public view or persons of the opposite sex.
      3.   It is illegal to appear in a state of nudity or knowingly allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
      4.   A nude model studio must not place or permit a bed, sofa, or mattress in any room on the premises except that a sofa may be placed in a reception room open to the public.
   o.   Additional Regulations for Adult Theaters and Motion Picture Theaters
      1.   It is illegal to allow knowingly a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
      2.   It is illegal for a person under the age of 18 years to appear knowingly in a state of nudity in or on the premises of an adult theater or adult motion picture theater. It is a defense to prosecution under this subpart if the person under 18 years was in a restroom not open to public view of persons of the opposite sex.
      3.   It is illegal for the owner, manager, operator, assistant manager, assistant operator, ticket seller, ticket taker, usher or any other person connected with or employed by any motion picture theater or drive-in motion picture theater to show or exhibit at a motion picture theater or drive-in motion picture theater in the city, or to aid or assist in such showing or exhibition, any motion picture, film, slide or other exhibit which is visible from any public street in which the pubic area, bare buttocks or bare female breasts of the human body are shown.
   p.   Additional Regulations for Adult Motels
      1.   Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section.
      2.   It is illegal for the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license to rent or sub-rent a sleeping room to a person and, within 10 hours from the time the room is rented, rent, or sub-rent the same sleeping room again. The terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.
   q.   Additional Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos
      1.   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, must comply with the following requirements:
      (a)   Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead light fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of the floor area. The diagram must also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
         (b)   The application must be sworn to be true and correct by the applicant.
         (c)   No alteration in the configuration or location of a manager's station may be made without the prior approval of the building official or designee;
         (d)   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
         (e)   The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises must be configured so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
         (f)   It is the duty of the owners and operator, as well as any agent and employees present in the premises, to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection q.1. of this section.
         (g)   The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
         (h)   It is the duty of the owners and operator, as well as any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
      2.   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
         (a)   Upon application for a sexually oriented business license, the application must be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more projection stations and the location of all projection screens and sound fixtures and designating any portion of the premises in which patrons will not be permitted. The diagram must also designate the place at which the permit will be conspicuously posted, if granted. A professional prepared diagram in the nature of an engineer's or architect's blueprint will not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various dimensions of all areas of the premises to an accuracy of plus or minus six inches. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
         (b)   The application must be sworn to be true and correct by the applicant.
         (c)   No alteration in the configuration or location of a projection station or projection screen may be made without prior approval of the building official or designee;
         (d)   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each projection station at all times that any patron is present on the premises.
         (e)   The exterior of the premises shall be configured so that the screens are not visible from any public thoroughfare or from adjacent property. Additional screening may be required if deemed necessary by the building official.
         (f)   It will be the duty of the owners and operator, as well as of any agent and employees present in the premises, to ensure that the viewing and lobby areas remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection a. of this section.
      3.   It is illegal for a person having a duty set out in this section to fail knowingly to fulfill that duty.
   
   r.   Enforcement
      1.   A conviction violating subpart (c). or (l). is punishable by a fine in an amount kept on file by the planning director.
      2.   A conviction violating a provision of this section other than subparts (c) or (l) is punishable by a fine in an amount kept on file by the planning director.
      3.   It is a defense to prosecution that a person appearing in a state of nudity did so in a modeling class operated:
         (a)   By a proprietary school licensed by the state, a college, junior college, or university supported entirely or partly by taxation;
         (b)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation;
         (c)   In a structure:
            (1)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
            (2)   Where in order to participate in a class, a student must enroll at least three days in advance of the class; and
            (3)   Where no more than one nude model is on the premises at any one time.
            (4)   It is a defense to prosecution that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
            (5)   A person who operates or causes to be operated a sexually oriented business without a valid license or otherwise violates this section is subject to a suit for injunction as well as prosecution for criminal violations.
            (6)   A person who operates or causes to be operated, a sexually oriented business in violation of the State obscenity laws in Texas Penal Code Chapter 43, or successor statute, is subject to those penalties set forth in State law. (Ord. No. 0-99-48, 7/7/99) (0-2012-38, 4/25/12)
   s   Amendment of this Section
      Subpart (l) of this section may be amended only after compliance with the procedure required to amend a zoning ordinance. Other subparts of this section may be amended by vote of the city council. (ORD. 0-97-62, 12/10/97) (0-2012-38, 4/25/12)

Sec. 10-72. Display of Sexually Explicit Materials to Minors

   a.   Business establishments open to persons under the age of 17 years shall not display an item, product, book, pamphlet, newspaper, magazine, film, poster, disc, video, video cassette or any other medium of display, the cover or contents of which are readily available to minors and contain photographs of in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
      1.   Human sexual intercourse, masturbation or sodomy;
      2.   Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
      3.   Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
      4.   Human male genitals in a discernible turgid state, whether covered or uncovered.
   b.   In this section "readily available to minors" means to locate an item so that, without obtaining assistance from an employee of the business establishment:
                       1.   The contents contain photographs of any of the areas or activities in subsection a. and are within reach of persons under the age of 17 years for handling and inspection of the contents thereof; or
2.   The cover or outside packaging on the item contains photographs of any of the areas or activities listed in subsection a. and is visible to persons under the age of 17 years.
 
In no way is this section intended to regulate literature, printed words, descriptions, drawings, illustrations, artwork, paintings, sculptures, cartoons or sketches. (Ord. No. 0-2012-38; 4/25/12)

Sec. 10-73. Day Care Center

   a.   Purpose
      1.   A day care center is considered a commercial operation intended to provide for day care facilities, licensed by the State of Texas, under public or private auspices, where care is provided for more than six children or adults who are apart from their own family or relations during a part of the day.
      2.   Day care centers are commercial operations located within shopping malls, shopping centers, freestanding buildings, or similar facilities.
   b.   Required Conditions
      The operator of a day care center must obtain administrative approval showing compliance with the following:
      1.   The center is located in one of the following zoning districts: INT, C-1, C-2, DBAC, PMXD-1, PMXD-2, and PCD.
      2.   No day care center may be part of a single-family or multi-family dwelling.
      3.   A solid wall or fence a minimum of four feet high must be provided around play areas.
      4.   All passenger loading and unloading areas and outdoor play areas must be located as to avoid conflict with vehicular traffic.
      5.   Any legally existing day care center operating under a special use permit at the time of adoption of this ordinance will be considered a legal day care center, subject to complying with the above conditions. (ORD. 0-97-62, 12/10/97) (Ord. No. 0-2012-38; 4/25/12)(Ord. No. 0-2012-83, 10/10/12)

Sec. 10-74. Day Care Home (Children or Adult)

   a.   Purpose
      A day care home is a home-based day care operation, licensed by the State of Texas, which provides day care for no more than six children or adults who are apart from their own family or relatives during a part of the day.
   b.   Special Use Permit and Site Plan Required
      A special use permit and site plan are subject to approval by the planning and zoning commission and city council for all day care homes. (O-2003-38, 7-23-03)
   c.   Required Conditions
      1.   A day care home should not detract from the residential character of the neighborhood and should be compatible with existing residential usage.
      2.   A day care home must be incidental to the use of a dwelling unit for residential purposes and be limited in extent.
      3.   Only members of the immediate family permanently residing at the premises may be employed in the day care home.
      4.   In no case may a day care home be open to the public earlier than 6:00 a.m. or later than 10:00 p.m.
      5.   A solid wall or fence a minimum of four feet high must be provided around play areas.
      6.   All passenger loading and unloading areas and outdoor play areas must be so located as to avoid conflict with vehicular traffic.
      7.   Copies of any state registration or applications for registration must accompany all SUP applications. (ORD. 0-97-62, 12/10/97) (Ord. No. 0-2012-38; 4/25/12)(Ord. No. 0-2012-83, 10/10/12)

Sec. 10-75. Home Occupations

   a.   Purpose
      The purpose of this section is to provide for certain types of restricted occupational uses within residential districts.
   b.   Permitted Uses
      A home occupation is business that is operated on the premises of a residential use. A home occupation is intended for gainful employment, however, it must be clearly incidental and subordinate to the use of the premises as a principal residence.
   c.   General Requirements
      1.   The permitted home occupations are shown on the residential and nonresidential use tables in sections 10-48 and 10-49.
      2.   The uses listed as home occupations are the only ones allowed, except as governed by Number 3 below.
      3.   If an unlisted use is requested as a home occupation, it may be allowed only after approval is given according to the procedures set out in Section 10-6. (Ord. 0-2010-20, 3/10/10)
   d.   Required Conditions
      1.   The home occupation must be incidental to the use of the residential property as an owner-occupied residence.
      2.   The exterior character or appearance of the principal dwelling unit, accessory structures, or lot may not be altered in a manner adversely affects or diminishes the residential character or quality of life of the surrounding neighborhood, with the exception of permitted signage in Sec. 10-408.
      3.   Up to 25 percent of the gross floor area of the principal dwelling unit may be used by the home occupation or for storage purposes in connection with the home occupation. The floor area of a dwelling unit, in this case, must include the floor area of all heated, ventilated, and thereby habitable rooms within the dwelling unit, including basements and habitable attic space.
      4.   One person outside of the immediately family may be employed in the Home Occupation.
      5.   In no case may a home occupation be open to the public.
      6.   No more than one home occupation is permitted within any single dwelling unit or on a single residential property.
      7.   Outdoor storage of materials used in conjunction with a home occupation is prohibited
      8.   There may be no deliveries to or from a residence involving a home occupation with a vehicle larger than a one ton truck.
      9.   No explosive materials will be allowed in conjunction with a home occupation.
      10.   A home occupation must not produce offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit or accessory structure, if the unit is part of a multi-family structure, must constitute a violation of this section. The judgment of the planning director will be considered decisive and final in this matter unless formally appealed to the planning and zoning commission within 15 days of written notification. (O-2003-38, 7-23-03)
      11.    All home occupations are subject to periodic inspections. (Ord. 0-97-62, 12/10/97) (Ord. No. 0-2012-38; 4/25/12)
 
 

Sec. 10-76. Mobile Food Units and Food Truck Parks

   a.    Purposes and Intents
      1.    The purpose of this section is to allow for Mobile Food Units to operate within the City on private property and City-owned property for a limited period of time. This section also allows for Food Truck Parks as a principal use. This section does not apply to push-carts which require appropriate Northeast Texas Public Health District permits and Transient Vendor Permits. Mobile Food Units operating within the public right-of-way require a Transient Vendor Permit and must comply with the operational requirements in this section and Chapter 17 of this Code.
      2.    This section is intended to implement elements of the Tyler 1st Comprehensive Plan and the Industry Growth Initiative by supporting small-business start-ups, diverse cuisine options, and tourism-inducing environments.
   b.    Required Permits and Inspections
      1.    All required permits must be displayed in a location that is easily viewable by the public.
      2.    All Mobile Food Units shall obtain all applicable permits and inspections from the City of Tyler (including Fire Department) and the Northeast Texas Public Health District, or successor. All Mobile Food Units operating within Smith County must be authorized to do so.
      3.    All Mobile Food Units on private property and City-owned property shall require a Transient Mobile Food Vendor Permit issued by the Planning Director, unless exempt as follows:
         a.    Mobile Food Units operating under an approved Parks and Recreation Department Special event permit.
         b.    Mobile Food Units operating under an approved Temporary Use Permit issued for a special event.
         c.    Mobile Food Units operating under an approved permit issued by the Water Quality and Production Manager for Lake event permits.
         d.    Mobile Food Units operating at an approved Food Truck Park. (Ord. No. 0-2017-69; 8/23/17)

   c.    Operational Requirements
      1.    Mobile Food Units may only operate in locations subject to the conditions of an approved permit. Mobile Food Units also operating within a Food Truck Park shall also be subject to the Park's rules and restrictions.
      2.    All Mobile Food Units must park on an improved surface unless they are located at an approved Food Truck Park and subject to the Park's conditions.
      3.    No Mobile Food Unit may be located on a vacant lot.
      4.    All Mobile Food Units shall provide self-closing lidded trash receptacles. The trash receptacle must be placed outside next to the unit for use by patrons of the unit. The area around the unit must be kept clean and free from litter, garbage, and debris.
      5.    All Mobile Food Units shall provide fire prevention tools as required by the City of Tyler Fire Department.
      6.    Each Mobile Food Unit shall report to its designated commissary at least once a day for food, supplies, cleaning, and servicing and as required by the Northeast Texas Public Health District, or successor.
      7.    Mobile Food Units shall not utilize portable seating unless located at an approved Food Truck Park and subject to the Park's conditions therein.
      8.   All Mobile Food Units operating under a Transient Mobile Food Vendor Permit, not within an approved Food Truck Park, shall provide documentation that the Unit's patrons and employees have access to permanent restroom facilities. (Ord. No. 0-2024-68; 7/24/24)
      9.    All Mobile Food Units not within an approved Food Truck Park, shall provide documentation from all restaurants within 300 feet from front door expressly allowing them to do so.
      10.    Mobile Food Units shall be removed from approved locations daily unless the conditions of Subsection d.1.b. of this Section are met.
      11.    Mobile Food Units may not stop for more than six consecutive hours at any one location to sell or serve food provided however this shall not apply to Mobile Food Units within Food Truck Parks or operating under an approved Temporary Use Permit or a permit issued by the Parks and Recreation Department. The Mobile Food Unit shall move at least 50 feet away from its previous location once the six hour period has expired and shall not return to the previous location within a one hour period of time. (Ord. No. 0-2016-76; 08/24/16)
      12.    Any unauthorized connection to the water system and/or unauthorized dumping of grease into the sanitary sewer system in conjunction with the operation of a mobile food unit in any way is strictly prohibited and is unlawful.
      13.    The use of portable generators to supply electricity to a Mobile Food Unit is prohibited.
      14.    No Mobile Food Unit shall operate within an access driveway or fire lane.

   d.    Food Truck Parks
      1.    The City shall allow for two types of Food Truck Parks (minor and major). Each type of Food Truck Park shall be considered a primary use on a property and therefore is subject to all development standards applicable to the zoning of the property, including off-street parking requirements. All Food Truck Parks shall require a Certificate of Occupancy and be subject to the following requirements:
         a.    All Food Truck Parks shall comply with all applicable regulations of the Northeast Texas Public Health District, adopted building codes, International Fire Code, this chapter, and all other applicable federal state and local laws. All Food Truck Parks shall be on legally platted lots.
         b.    All Mobile Food Units shall be removed from the Food Truck Park upon closing of the park. If a commissary is provided on-site and the Mobile Food Unit is approved to use the site's commissary, then the Mobile Food Unit will not have to be removed from the site each day.
         c.    On-site Manager: There must be a designated manager of the site that is responsible for the orderly organization of Mobile Food Units, the cleanliness of the site, and the site's compliance with all rules and regulations during business hours.
         d.    Restrooms: At least one permanent restroom within 500 feet of each Mobile Food Unit must be made accessible to Food Truck Park patrons while the Food Truck Park is open.
         e.    Food Truck Parks may be standalone establishments or may be located on a property with other permanent uses (i.e. retail establishments). These properties shall be designed to be able to accommodate all required development standards for all primary uses.
         f.    Food Truck Parks that are eligible to sell alcohol may do so provided they meet the requirements of the Texas Alcoholic Beverage Code, Texas Alcoholic Beverage Commission and Tyler City Code. Alcohol shall only be sold from a fixed location.
         g.    Mobile Food Units shall not be parked on unimproved surfaces and at a minimum be parked on compacted gravel base.
         h.    Signs: One on-premise sign is permitted at the entrance(s) identifying the Food Truck Park subject to the sign regulations for the applicable zoning district. Each Mobile Food Unit may have attached signage.
         i.    Distance requirements (property line measurement): A Food Truck Park shall not be less than 100 feet from another Food Truck Park.
         j.    Food Truck Parks adjacent to single-family zoned or used property (not including a mixed-use structure), shall provide a Type C bufferyard.
         k.    No Temporary Use Permits that allow for Mobile Food Units shall be permitted within Food Truck Parks.
         l.    All Food Truck Parks not located in the "DBAC", Downtown, Business, Arts and Culture District shall provide off-street parking (see Sec. 10-360). On-site off-street parking for Minor Food Truck Parks may be provided on compacted gravel base. Off-street parking may be provided by way of shared or joint off-site parking arrangements within 1,000 feet of the park.
         m.    Park owners are encouraged to provide for an aesthetically-pleasing environment which includes shade and seating elements in addition to pervious groundcover. The Planning Director may allow for alternative compliance as it pertains to landscaping requirements for standalone Food Truck Parks.
         n.    All Food Truck Parks shall comply with the noise regulations in City Code Section 4-90.
         o.    All Food Truck Parks shall comply with all adopted floodplain regulations.

      2.    Minor and Major Food Truck Parks. Minor Food Truck Parks shall consist of two to four Mobile Food Units (MFUs) and are generally allowed as a by-right use in all commercial and industrial zoning districts (see Section 10-49). Major Food Truck Parks shall consist of five or more MFUs and are considered a special use and subject to site plan approval. The site plan required for a Major Food Truck Park or Minor Food Truck Park in "C-1" shall provide the following information for review:
         a.    The land area included within the property, the zoning classification of adjacent properties, and all public and private rights-of-way and easements bounding and intersecting the site;
         b.    A legal description of the platted lots of the proposed site and the boundaries thereof;
         c.    The location of each proposed permanent structure on the site and pads for Mobile Food Units, and identification of any proposed outdoor entertainment locations and fixed seating areas.
         d.    The location, width, and surface material of driving lanes and Mobile Food Unit pads;
         e.    The location of fire hydrants;
         f.    The dimensions and capacities of parking areas and loading areas;
         g.    All pedestrian walks, patios and open areas for use by tenants or the public;
         h.    The location, height, and materials of all screening mechanisms;
         i.    The location, size, height, and orientation of all lighting and signs;
         j.    Location and screening of refuse containers, mechanical equipment, and outside storage or display;
         k.    Location and number of provided seating and eating areas, including the number of fixed seats and tables;
         l.    All proposed phasing of the park (if applicable);
         m.    Location, height, separation of buildings, including location of restrooms;
         n.    Location and type of electrical outlets provided for each corresponding pad site. Major Food Truck Parks are required to provide electrical for each MFU and may provide water hookups; and (Ord. No. O-2016-76; 08/24/16)
         o.    Any other items required by the Planning and Zoning Commission and City Council.

      3.    Violations, Suspension/Revocation, and Enforcement. Any permit issued by the City will become void should the holder's Northeast Texas Public Health District permit be suspended or revoked. The on-site manager for a Food Truck Park or property allowing a transient Mobile Food Unit is required to ensure that no more than the maximum number of Mobile Food Units is located on the site at any given time. Failure to comply with this numerical limitation authorizes the Building Official or designee to suspend and/or revoke the Certificate of Occupancy. The Planning Director is authorized to revoke and withhold Transient Vendor Permits for vendors and/or locations at their discretion if there are documented repeated violations of this section. The Director of Utilities in accordance with Tyler City Code Chapter 19 is authorized to discontinue water service to any property in violation of unauthorized connection to the sewer system and/or unauthorized dumping of grease into the sanitary sewer system. City Code Enforcement Department personnel, Planning Department personnel, Building Inspections personnel, and Police Department personnel have full and complete authority to enforce all provisions of this section and have authority to issue citations for violations thereof. (Ord. No. 0-2014-113; 12/10/14)
 
Sec. 10-77. Tobacco/Vape/Smoke Stores
   a)   Location Requirements
      1.   Tobacco/vape/smoke stores as defined by this code shall be at least 300 feet from a public or private elementary or secondary school, City park, child care or day care center, hospital or place of worship, measured in a direct line from the property line of the place of business to the property line of a public or private elementary or secondary school, City park, child care or day care center, hospital or place of worship.
      2.   Tobacco/vape/smoke stores as defined by this code shall be at least 1,000 feet from another tobacco/vape/smoke store measured in a direct line from the property line of each and every applicable place of business. (Ord. No. 0-2023-115; 12/13/23)
 

Sec. 10-78. Purpose

The section is intended to provide for accessory buildings or structures that are incidental or secondary to the primary use of the main building or land. (Ord. 0-2012-38, 4/25/12)

Sec. 10-79. General Requirements for Accessory Buildings and Structures

   Purpose. This section is itended to provide for accessory buildings or structures that are incidental or secondary to the primary use of the main building or land.
 
   a.   Construction of any accessory building or structure may begin only after construction of the principal structure on the lot has begun.
   b.   An accessory building or structure may be used only after the principal structure on a lot is completed and occupied.
   c.   The square footage of an accessory building or structure may not exceed 50 percent of the square footage of the principal structure.
   d.   An accessory building or structure located closer than 10 feet to the principal building or structure will be regarded as part of the principal building for the purpose of determining the side and rear yard setbacks. (Ord. No. 0-2011-45, 6/8/11)
   e.   Accessory buildings or structures must not occupy more than 30 percent of the required rear yard and must not be nearer than five feet from any side or rear lot line, except that when a garage is entered from an alley, it must not be located closer than five feet to the rear alley line.
 
   f.   An accessory building or structure located within the rear yard setback on corner lots must be set back from the side street the same distance as the front yard setback . In cases where the street side setback is larger than the front yard setback, the accessory structure shall follow the same standards as the primary structure. (Ord. 0-2010-20, 3/10/10) (Ord. No. 0-2012-38; 4/25/12)
 
   g.   No accessory buildings or structure may be used for dwelling purposes except for permitted garage apartments.
   h.   Accessory buildings or structure must not exceed 16 feet in height.
   i.   No accessory building may project beyond a required side yard setback line along any street. (ORD. 0-97-62, 12/10/97)
   j. Single Family and Two-Family residential swimming pools or spas shall comply with the following:
        1.    No swimming pool or spa shall be built or assembled upon a lot until a permit for construction of the primary structure on such lot has been obtained from the Building Official.
      2.    Swimming pools or spas shall not be located in the established front yard.
               3.    A minimum setback of five feet shall be required between the water line of any pool or spa and the primary structure.
               4.    A minimum setback of five feet shall be required between the water line of any pool or spa and the interior side or rear property line.
                5.    A minimum setback of 12 feet shall be required between the water line of any pool or spa and the side street property line.
                6.    Accessory structures such as slides and diving boards shall be located a minimum of five feet from the property line.
                 7.    Swimming pool and spa setbacks for properties zoned Planned Residential shall be determined by the developer, shall be subject to approval by the Planning and Zoning Commission and City Council as part of the Site Development Plan, and shall comply with all private deed restrictions.
               8.    The requirements in this Section are in addition to the fencing requirements set forth in Chapter 6, "Buildings and Structures".
               9.    Portable spas are exempt from the setback requirements in this section.
(Ord. No. 0-2009-19; 3/11/09) (Ord. 0-2010-20, 3/10/10)
   k. Commercial and Multi-Family swimming pools or spas shall comply with the following:
      1.    No swimming pool or spa shall be built or assembled upon a lot until a permit for the construction of the primary structure(s) on the lot has been obtained from the Building Official.
       2.    A minimum setback of five feet shall be required between the water line of any pool or spa and the primary structure(s).
      3.    A minimum setback of five feet shall be required between the water line of any pool or spa and the property line(s).
      4.    Accessory structures such as slides and diving boards shall be located a minimum of five feet from any property line.
      5.    The requirements in this Section are in addition to the fencing requirements set forth in Chapter 6, "Buildings and Structures".
      6.    Swimming pool and spa setbacks for properties zoned Planned Commercial District, Planned Mixed-Use District or Planned Multi-Family District shall be determined by the developer, shall be subject to approval by the Planning and Zoning Commission and City Council as part of the Site Development Plan, and shall comply with all deed restrictions. (Ord. No. 0-2009-19; 3/11/09) (Ord. 0-2010-20, 3/10/10) (Ord. 0-2012-38, 4/25/12)

Sec. 10-80. Temporary Use Permit

The planning department may issue a temporary use permit (TUP) for the following uses, provided that the temporary use complies with regulations of this code governing area, parking, sanitation requirements, etc., for the district in which it is to be conducted and does not constitute a nuisance for adjacent properties. Refer to the residential and nonresidential use tables in sections 10-48 and 10-49 for other permitted temporary uses.
   a.   Tents
      1.   All tents must comply with Fire Department Regulations.
      2.   Within all Office, Commercial, and Industrial districts; not to exceed a cumulative total of 30 days per lot per calendar year.
      3.   Seasonal tents used for nurseries, tree lots, or similar type uses, may be approved up to 90 days (maximum of two permits per calendar year per lot) at the discretion of the Planning Director.
   b.   All Other Attention Gathering Devices
      Any other attention gathering devices within all zoning districts; location and duration shall be at the discretion of the planning director. (Ord. 0-2010-20, 3/10/10)

Sec. 10-90. Nonconforming Uses

Uses of land, buildings and other structures within the City which do not conform to all of the provisions of this Ordinance, may be allowed to continue even though the use or structure does not comply with the requirements of this Ordinance provided the use or structure can qualify as a legal Non-Conforming Use or Non-Conforming Structure under the following:
   a.   The regular and continuous occupancy or use of a building, structure or land, lawfully being occupied or utilized in the City at the time of the effective date of this Ordinance, or amendment thereto, or which was subsequently annexed by the City, which does not conform to the regulations prescribed for the zoning district in which it is situated, shall be deemed as a non-conforming use.
   b.   A building or structure, lawfully in existence and lawfully constructed at the time of the effective date of this Ordinance, or amendment thereto, or which was subsequently annexed by the City, which does not comply with all of the regulations of this Ordinance governing parking, signage or bulk and area requirements for the zoning district in which such building or structure is located, shall be deemed a non-conforming building or structure.
   c.   A use, building or structure, lawfully in existence and lawfully utilized, constructed, located and occupied in accordance with the provisions of the prior zoning ordinance, or which was a non-conforming use there under, and which use or structure does not now conform to the provisions of this Ordinance, shall be deemed a non-conforming use or structure.

Sec. 10-91. Regulations

The following will apply to all non-conforming uses, buildings or structures as identified above, and will govern the continued occupancy or use of same.
   a.   The use of land for outdoor storage purposes which does not conform to the provisions of this code must be discontinued within one year of the effective date of this code and provided, further, that the use of land which becomes nonconforming for such use or for any other use, by reason of a subsequent amendment to this code, must also be discontinued within one year from the date of adoption of the amendment.
   b.   The lawful occupancy or use of a building existing at the time of the effective date of this code may be continued for an indefinite period although such use does not conform to the provisions thereof.
   c.   If a nonconforming use of any building or premises is discontinued for a period of six months or longer, then such non-conforming use will be deemed to be permanently abandoned and may not be resumed unless in compliance with all zoning regulations.
   d.   No nonconforming use, except when required to do so by law or ordinance, may be enlarged or extended.
   e.    Nonconforming structures may be enlarged, extended, reconstructed or structurally altered if the new construction conforms to the requirements of this code and applicable building codes.
   f.   When a building or other structure, the use of which does not conform to the provisions of this code, is damaged by fire, explosions, the elements, act of God, or the public enemy, to the extent of more than 50% of its assessed value as listed on the records of the Smith County Appraisal District (SCAD), the building or other structure may not be restored except in conformity with the regulations of the zoning district in which it is located or as provided in this code. When damaged by less than 50% of its assessed value as reported by SCAD, a non-conforming building or structure may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
   g.   An occupancy or use illegally established in violation of the provisions of any prior zoning ordinance will not be validated by the adoption of this unified development code. (ORD. 0-97-62, 12/10/97)

Sec. 10-92. Exceptions

   a.   Height
      1.   The height regulations prescribed herein shall not apply to television or radio towers, television antennas, church spires, belfries, storage tanks, water and fire towers, stage towers or scenery lofts, cooling towers, chimneys, elevator and air conditioning penthouses and skylights.
      2.   The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the maximum height permitted in the district in which they are located.
   b.   General Area Exceptions and Modifications
      1.   Every part of a required yard shall be open to the sky, unobstructed by buildings or other structures, except for accessory structures in a rear yard, and except for the ordinary projection of sills, belt courses, cornices and ornamental features, not to exceed twenty-four inches (24").
      2.   Open or lattice enclosed fire escapes, required by law, projecting into a required yard not more than five feet (5'), and the ordinary projection of chimneys and pilasters, shall be permitted by the Building Official when placed so as not to obstruct light and ventilation.
      3.   Terraces, uncovered porches and ornamental features which do not extend more than twenty four inches (24'') above the floor level of the ground (first) story, may project into a required yard, provided these projections are at least two feet (2') from the adjacent lot lines.
      4.   Where a lot or tract is used for educational, institutional, hotel, commercial, industrial or multi-family purposes, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements for the district in which the lot or tract is located.
   c.   Front Yards
      1.   1.   The front yards heretofore established in all AR, C-1, C-2, DBAC and RPO Districts shall be adjusted in the following cases:
         (a)   Where forty percent (40%) or more of the frontage on the same side of street between two intersecting streets is presently developed or may hereafter be developed with buildings that have, with a variation of five feet (5') or less, a front yard greater or lesser in depth than here required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
         (b)   Where forty percent (40%) or more of the frontage on one side a street between two intersecting streets is presently developed with buildings that do not have a front yard as described above, then:
            (1)   Where a building is to be erected on a parcel of land that is within 100 feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or
            (2)   Where a building is to be erected on a parcel of land that is within 100 feet (100') of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
         (c)   Interior lots having a frontage on two streets shall provide the required front yard on both streets.
      2.   The front yards heretofore established in AG, RE, R-1A, R-1B, R-1C, R-1D, R-MH and R-2 districts shall be adjusted in the following cases:
         (a)   If forty percent (40%) or more of the lots on the same side of a street, between the intersection of that street and two other streets or cul-de-sac, are developed with buildings, then the minimum front yard setback requirement on that side of the street shall be established by the existing building with the least front yard setback.
         (b)   Notwithstanding the provisions of Number 1 above, a front yard setback shall not be required which is greater than fifty feet (50').
         (c)   Through lots having frontage on two streets shall observe the required front yard setback on both streets regardless of which street frontage is deemed to be the "front yard" and the other the "rear yard" due to orientation of the main structure(s). (Ord. No. 0-2011-45, 6/8/11)
      3.   The front yards heretofore established in RE, R-1A, R-1B, R-1C, R-1D, NR, and PUR districts shall be reduced to 10 feet if:
         (a)   parking is provided through a rear loaded alley;
         (b)   no required parking is accessed from the street; and
         (c)   the building does not encroach on a 15-foot sight visibility triangle. (Ord. No 0-2010-119, 11/10/10) (oRD. nO. 0-2011-45, 6/8/11)
   d.   SideYards
      The side yards heretofore established shall be adjusted in the following cases:
      (1)   For the purpose of side yard regulations, a two-family dwelling, or a multi-family dwelling, shall be considered as one (1) building occupying one (1) lot.
      (2)   Where a lot of record at the time of the passage of this Ordinance has a width of less than fifty feet (50'), the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance, shall it be less than five feet (5').
      (3)   A porte cochere, carport, or canopy may project into a required side yard provided every part of such porte cochere, carport, or canopy is unenclosed except for necessary structural supports and not less than five feet (5') from any side lot line.
   e.   Rear Yards
      The rear yards heretofore established shall be adjusted where an industrial or commercial lot abuts on a railroad right-of-way and is served by a spur track. No rear yard shall be required. (Ord. 0-2010-20, 3/10/10)
(Ord. No. 0-2019-87; 10/8/19)

Sec. 10-93. Local fee levied on alcoholic beverage permits.

   a.   There is hereby levied on persons carrying on the business of manufacturing, distributing or dealing in alcoholic beverages, a local fee authorized by Texas Alcoholic Beverage Code Section 11.38(a) or successor, and not excepted by Texas Alcoholic Beverage Code Section 11.38(d), in an amount not to exceed one-half of the fee levied on such business by the state, consonant with provisions found in the appropriate sections of the Texas Alcoholic Beverage Commission or successor.

   b.   The fee shall be paid annually upon issuance or renewal of the Texas Alcoholic Beverage Commission permit. The fee shall be submitted to the City Planning Department.

   c.   The fee shall not apply to those permits specifically excepted from the fee by the Texas Alcoholic Beverage Code, including but not limited to mixed beverage permits during the three-year period following the issuance of the mixed beverage permit and private club registrations.

   d.   Upon failure to pay the fee required by this section, the City Attorney may notify the Texas Alcoholic Beverage Commission of such failure for cancellation of the Texas Alcoholic Beverage Commission permit.

   e.   It shall be unlawful for a permittee of the Texas Alcoholic Beverage Commission to sell an alcoholic beverage without payment of the City fee required by this section. Each individual beverage sale shall constitute a separate offense, punishable by a fine as set forth in Section 1-4. (Ord. No. 0-2012-89; 11/13/12)

Sec. 10-94. Certification; compliance with City ordinances.

   No person may sell alcoholic beverages and no license or permit to sell alcoholic beverages will be certified by the City of Tyler unless sale of alcoholic beverages at the location at which such activity is sought to be established and maintained is permitted under the Unified Development Code, as amended, this Division, and all other applicable ordinances, rules and regulations of the City. Certification under this section does not make a nonconforming use conforming. (Ord. No. 0-2012-89; 11/13/12)

Sec. 10-95. Sale of beer prohibited in residential/designated zoning districts.

   The sale of beer is prohibited at any location in the city that is within a residential zoning district (AR, RE, R-1A, R-1B, R-1C, R-1D, R-2, R-MF, R-MH, NR, PUR, and PMF). The sale of beer is prohibited in an RPO district, as well as in any identified portion of a mixed-use district (PMXD-1 and PMXD-2) that is restricted to residential uses. (Ord. No. 0-2012-89; 11/13/12) (Ord. No. 0-2019-87; 10/8/19)

Sec. 10-96. Sale of alcoholic beverages near churches, public hospitals, public or private schools, day-care centers or child-care facilities; distance requirements.

 
   a.    Churches and public hospitals.
      1.   The sale of alcoholic beverages within three hundred (300) feet of churches or public hospitals is unlawful and is hereby prohibited, unless a variance has been obtained pursuant to subsection d. of this Section.
   2.   As established in State law, the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
   3.   Exceptions. The regulations in this subsection a. do not apply to a license or permit holder operating on a property zoned "DBAC" who also holds a food and beverage certificate covering a premise that is within 300 feet of a church or public hospital. (Ord. No. 0-2024-68; 7/24/24)
b.   Public and private schools.
1.   The sale of alcoholic beverages within three hundred (300) feet of public or private schools is unlawful and is hereby prohibited, except when the requirements of subsection 2. of this subsection b. are met, or unless a variance has been obtained pursuant to subsection d. of this Section. Said distance restriction may be extended pursuant to State law.
2. The sale of alcoholic beverages less than three hundred (300) feet of public or private schools is permissible and is allowed by right if all of the following requirements are met:
 
                           (a)    The building in which the alcoholic beverages are sold has a minimum of 20,000 square feet in size; and
                                    (b)    A natural or man-made buffer exists, and continues to exist, between the premises on which the alcoholic beverages are being sold and the public or private school use. For purposes of this subsection, the term “buffer” shall mean one of the following:
   i.   A permanent fence and/or wall at least six feet (6’) in height, measured from finished grade to top of fence or wall, combined with any of the types of “Type C” Bufferyard as defined in Section 10-322.c.; or
            ii.   A permanent fence and/or wall at least six feet (6’) in height, measured from finished grade to the top of the wall or fence; or
            iii.   A permanent fence and/or wall combined with an embankment, berm or hill, creating an effective buffer at least six feet (6’) in height; and
            iv.   All fences and buffer areas must be continuously maintained in a safe and orderly condition.
3.   As established in State law, the distance between the place of business where alcoholic beverages are sold and public or private schools shall be measured as follows:
(a)   in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(b)   if the permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
4.   Pursuant to State law, and as used in this subsection, the term “private school” shall mean a private school, including a parochial school, that:
         (a)   offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
   (b)   has more than 100 students enrolled and attending courses at a single location.
      5.   Exceptions. Pursuant to State law, the regulations in this subsection b. do not apply to:
   a.    A license or permit holder who also holds a food and beverage certificate covering a premise that is within 300 feet of a private school. Pursuant to State law, this subsection b. does not apply to the holder of a license or permit covering a premise where minors are prohibited from entering under Texas Alcoholic Beverage Code Section 109.53 or successor, and that is located within 300 feet of a private school.
   b.   A license or permit holder operating on a property zoned "DBAC" who also holds a food and beverage certificate covering a premise that is within 300 feet of a public or private school
   c.   Sales near day-care centers or child-care facilities.
   1.   Pursuant to State law, this subsection c. only applies to a permit or license holder under Chapter 25 (Wine and Beer Retailers Permit), 28 (Mixed Beverage Permit), 32 (Private Club Registration Permit), 69 (Retail Dealer’s On-Premise License) or 74 (Brewpub License) of the Texas Alcoholic Beverage Code, who does not hold a food and beverage certificate.
   2.   Pursuant to State law, and as used in this subsection c., the term “day-care center” shall mean a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week. Pursuant to State law, and used in this subsection, the term “child-care facility” shall mean a facility licensed, certified, or registered by the Texas Department of Human Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services that it offers.
   3.   (a)    The sale by a permit or license holder described in subsection c.1. of alcoholic beverages within three hundred (300) feet of day-care centers or child-care facilities is unlawful and is hereby prohibited, except when the requirements of subsection (b) of this subsection c.3. are met, or unless a variance has been obtained pursuant to subsection d. of this Section.
             (b) The sale of alcoholic beverages less than three hundred (300) feet of day-care centers or child-care facilities is permissible and is allowed by right if all of the following requirements are met:
 
                           (1)    The building in which the alcoholic beverages are sold is a minimum of 20,000 square feet in size; and
                                       (2)    A natural or man-made buffer exists, and continues to exist, between the premises on which the alcoholic beverages are being sold and the day-care center or child-care facility use. For purposes of this subsection, the term “buffer” shall mean one of the following:
                                           i.    A permanent fence and/or wall at least six feet (6’) in height measured from finished grade to top of fence or wall, combined with any of the types of “Type C” Bufferyard as defined in Section 10-322.c.; or
      ii.   A permanent fence and/or wall at least six feet (6’) in height, measured from finished grade to the top of the wall or fence; or
      iii.   A permanent fence and/or wall combined with an embankment, berm or hill, creating an effective buffer at least six feet (6’) in height; and
   iv.   All fences and buffer areas must be continuously maintained in a safe and orderly condition.
      4.   As established in State law, the distance between the location where alcoholic beverages are sold by a permit or license holder described in subsection c.1.and a day-care center or child-care facility shall be measured in a direct line from the property line of the day-care center or child care facility to the property line of the place of business, and in a direct line across intersections.
      5.   Exceptions. Pursuant to State law, this subsection c. does not apply to a permit or license holder described in subsection 1. who sells alcoholic beverages if:
(a)   The permit or license holder and the day-care center or child-care facility are located on different stories of a multi-story building; or
(b)   The permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multi-story building.
      6.   Exceptions. Pursuant to State law, this subsection c. does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Texas Human Resources Code Section 42.002, or successor.
      7.   Exceptions. The regulations in this subsection a. do not apply to a license or permit holder operating on a property zoned "DBAC" who also holds a food and beverage certificate covering a premise that is within 300 feet of a day-care center or child-care facility (Ord. No. 0-2024-68; 7/24/24)
   d.   Variances. Pursuant to State law, the City Council may waive the distance requirements in this Section 10-96 as set forth in this subsection d. The City Council may, after notice and a public hearing, grant a variance to the distance requirements herein through the issuance of a Special Use Permit pursuant to Chapter 10, Article IX., Division A., and if the City Council determines that enforcement of the distance requirement in a particular instance:
1.   is not in the best interest of the public; or
2.   constitutes waste or inefficient use of land or other resources; or
3.   creates an undue hardship on an applicant for a license or permit; or
4.   does not serve its intended purpose; or
5.   is not effective or necessary; or
6.   for any other reason, the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community.
In making a determination under this subsection d., the City Council may also take into account the standards set forth in Sections 10-726 – 10-728, or any other factors that it considers relevant to its consideration. The prohibition in Section 10-728.d., prohibiting the granting of a variance through issuance of a Special Use Permit, shall not apply to variances granted under this Section. The provision in Section 10-728.d., authorizing the Planning Director to grant minor changes to the conditions imposed in a Special Use Permit, shall not apply to variances granted under this Section.
   e.   Grandfathered Uses. If at the time an original alcoholic beverage permit or license is granted for the premises, the premises is lawfully in use or otherwise satisfies the requirements regarding distance from churches, public hospitals, public or private schools, day-care centers or child-care facilities in effect at that time, the premises will be deemed to satisfy the distance requirements for all subsequent renewals of a license or permit. This includes any requirements which would come into play on the sale or transfer of the premises or the business on the premises in which new original alcoholic beverage licenses or permits are required. (Ord. No. O-2012-89; 11/13/12) (Ord. No. O-2013-30; 4/10/13)

Sec. 10-97. Possession or consumption of alcoholic beverages near homeless shelters or substance abuse centers.

   a.    Pursuant to State law, it shall be unlawful for a person to possess an open container containing an alcoholic beverage, or to consume an alcoholic beverage, on a public street, public alley or public sidewalk, within one thousand (1,000) feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in the central business district.

   b.   Special temporary events, activities and festivals approved by the City Council are exempt from the provisions of subsection a. of this Section.

   c.   For purposes of this Section, the following definitions will apply:

           1.   Central Business District means a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted. The "DBAC" Downtown Business, Arts and Culture District constitutes the central business district for purposes of this Section.

           2.   Homeless shelter means a supervised public or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.

      3.   Open container means a container containing an alcoholic beverage that is no longer sealed , within the meaning assigned by Texas Alcoholic Beverage Code Section 109.35 or successor. (Ord. No. 0-2012-89; 11/13/12)

Sec. 10-98. Signs, Banners, and Hours of Operation.

   Signs (including banners) specifically related to sale of alcoholic beverages shall be governed by the Texas Alcoholic Beverage Code and any applicable regulations of the Texas Alcoholic Beverage Commission, as amended. Any applicable City sign regulations shall also govern signage, without regard to content.

   The hours of operation, including days of the week and open and closing times, shall be as governed by the Texas Alcoholic Beverage Code and any applicable regulations of the Texas Alcoholic Beverage Commission, as amended. (Ord. No. 0-2012-89; 11/13/12)
 

Sec. 10-99. Enforcement; penalty.

   Any violation of this Division is unlawful and, except where otherwise provided, shall be subject to a penalty as set forth in Section 1-4. If there is any conflict between the penalties in this Division and the State law, then to that extent the State law controls. The Tyler Municipal Court will have jurisdiction of any offense under this Division and under the State law, only where the Constitution and the general laws of the State confer such jurisdiction. (Ord. No. 0-2012-89; 11/13/12)