Tyler City Zoning Code
ARTICLE VI
DEVELOPMENT STANDARDS
Sec. 10-290. Purpose
This division establishes the procedure, regulations, and standards whereby landscape plans and tree preservation requirements will be reviewed by the city for compliance with this code, and specifies the submittal and content requirements for such landscape plans. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10-9-02)
a. The purposes of the landscaping and tree preservation division of this code are to:
1. improve the appearance and character of building setbacks and yards in commercial areas, including off-street parking lots and open lot sales and service areas;
2. implement Tyler 1st Comprehensive Plan policies regarding landscaping and tree planting in parks, open spaces, parkways, scenic views, and roadway corridors; (Ord. No. 0-2014-33; 4/23/14)
3. protect healthy trees and promote the natural ecological, environmental, and aesthetic qualities of the city;
4. create sound and visual buffers between adjoining land uses, in particular between residential areas and all nonresidential areas;
5. protect and increase property values in the city;
6. maintain and enhance a positive image of Tyler for the attraction of new businesses and residents to the city;
7. prohibit the indiscriminate clearing of both residential and nonresidential property;
8. protect trees during construction; and
9. encourage site design and construction that contributes to the long-term viability of existing trees.
Sec. 10-292. Landscaping Requirements
a. The landscape standards in this division apply to all land within the city limits except for areas zoned AG, RE, R-1A, R-1B, R-1C, R-1D, R-2, or R-MH, notwithstanding the requirement that each parcel in the aforementioned districts are required to meet tree planting requirements set forth in Sec. 10-305
(C). (oRD. nO. 0-2011-45, 6/8/11)
b. Landscape standards in all planned districts will be regulated by the requirements set forth in the final site development plan for each development project. In instances where the base zone landscaping requirements differ from any requirements set forth in a site development plan, the more restrictive regulations will govern.
c. Landscape requirements become applicable to each individual lot at the time a building permit application is made. All landscape requirements of this code will continue after the building permit is issued to any owner or subsequent owner. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2011-45, 6/8/11)
Sec. 10-294. Landscape Plan Requirements
A landscape plan is required and must be submitted upon application for a building permit. The landscape plan may be a separate site plan, or when feasible, the landscape plan information may be included on the building site plan. It is recommended that landscape plans be prepared by a professional landscape architect or landscape contractor. The landscape plan must include:
1. The location of existing boundary lines and dimensions of the lot.
2. The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines and any underground utilities.
3. A plant schedule listing the name and size of all plant materials. Botanical nomenclature as well as common names must be listed. All canopy trees must be identified as containerized or balled and burlapped.
4. The location, size, and type of vegetation of new and existing plant materials to be planted or retained in the proposed landscaped areas.
5. An indication of how the developer plans to use protective fencing to barricade existing trees, which are to be retained, in order to prevent damage to the trees during construction. The location and size of the fencing must be indicated.
6. A note indicating the installation of the irrigation system covering the required landscape areas has been completed or a date by which it will be completed.
7. The location of existing development, adjacent land uses, and roadways.
8. Information necessary for verifying whether the minimum required landscaping area has been met under Sec. 10-295.
9. A statement of compliance indicating the total square footage of landscaping area required, including the number of trees and shrubs, and a calculation to verify that the number, size, and type of vegetation listed on the plant schedule will render the proposed development to be in compliance with this code.
a. Plan Revisions
Minor revisions to landscape plans are acceptable if there is no reduction in the quality of plant material or no significant change in size or location of plant materials, and if the new plants are of the same general category (i.e., shade, ornamental, or evergreen trees) and have the same general characteristics (mature height, crown spread) as the materials being replaced. Proposed materials must also be compatible with the area to ensure healthy plant growth. If these criteria are not fulfilled, changes to approved plans must be resubmitted and reviewed for approval. (Ord. No. 0-2002-46, 10-09-02)
Sec. 10-295. Landscape Area Requirements
a. The landscaping requirements will be determined by the total square footage of the lot less any areas exempted by phased development or classification as floodway or undisturbed area.
b. The minimum width of required landscaping in the street yard is 10 ft. for properties abutting principal arterial streets. (Ord. No. 0-2023-29; 4/26/23)
c. The minimum required area of landscaping is 15 percent of the total lot area, except for lots zoned for manufacturing. The minimum area of landscaping for lots zoned M-1 or M-2 is 2½ percent of the total lot area. Each existing tree, which is maintained in a living and growing condition, may be credited towards the required landscaped area according to the following schedule:
Existing Saved Tree | Credit |
10” – 12” DBH | 200 square feet of landscaped area |
15” or greater DBH | 250 square feet of landscaped area |
Credits may not exceed 25% of the required landscaped area.
d. Required tree plantings.
Option Tree Requirement/Square Footage Tree Type
A One tree/750 square feet Large Shade Trees
B One tree/625 square feet Large Shade Trees, Medium Trees, and Small Trees
C One tree/500 square feet Medium Trees and Small Trees
Note: Trees selected for planting must be on the approved tree list set forth in subsection f. (Ord. No. 0-2010-20, 3/10/10)
1. For required tree plantings:
(a) At least 1/3 of the trees planted must be large shade trees, or
(b) At least 1/3 of the trees planted must be medium trees; and
(c) No more than 1/3 of the required tree plantings may be small trees as shown on the approved tree list. A minimum of one tree is required for all developments. All required trees must have a minimum DBH of 2" at the time of planting. Trees with a multiple trunk growth characteristic shall have no more than five main trunks.
2. When planted with large shade trees solely, a minimum of one tree per 750 square feet, or fraction thereof, is required. Trees planted in order to satisfy this requirement must be classified as large shade trees in the approved tree list in subsection f.
3. When planted with a combination of large shade trees, medium trees and small trees, a minimum of one tree per 625 square feet, or fraction thereof, is required. Trees planted in order to satisfy this requirement must include a mixture of shade, medium, and small trees as identified in the approved tree list in subsection f.
4. When planted with a combination of medium trees and small trees, a minimum of one tree per 500 square feet, or fraction thereof, is required. Trees planted in order to satisfy this requirement must include a mixture of shade, medium, and small trees as identified in the approved tree list in subsection f. (Ord. No. 0-2009-32; 3/25/09)
e. Tree credits.
1. Each existing tree which is maintained in a living and growing condition may be credited towards the number of required trees according to the following schedule. (Ord. No. 0-2010-20, 3/10/10)
Existing Saved Trees | Credit |
6”-9” DBH | 3 Trees |
10”- 12” DBH | 4 Trees |
12” or greater DBH | 5 Trees |
2. Of the required landscape area, a minimum of one shrub per 200 square feet, or fraction thereof, is required. Shrubs planted to satisfy this requirement must be a minimum size of two gallons.
3. Up to 75 percent of the required shrubs must be planted in the required interior parking lot landscaping islands or be included in the required bufferyards pursuant to Article VI, Division B.
4. Each existing tree or newly planted tree which is maintained in a living and growing condition may be credited towards the required number of shrubs according to the following schedule:
Existing Saved Trees | Credit |
2” – 6” DBH | 4 shrubs |
7” – 9” DBH | 6 shrubs |
10” – 12” DBH | 8 shrubs |
15” or greater DBH | 10 shrubs |
Credit in areas zoned R-MF, AR, PMF, PMXD-1, PMXD-2, and may not exceed 50% of the required trees or shrubs.
Credit for saving an existing tree cannot count toward more than one landscape element for which such credit is granted in this chapter, i.e., double counting of tree credits is not allowed. (Ord. No. 0-2017-100; 11/8/17)
5. All mandated bufferyards count towards the requirements. Beyond that, no more than 10 percent of the required landscape area or required number of trees to be planted may be located at the rear of the property. The planning director has the authority to grant an exception to this requirement in situations where tree preservation areas are located at the rear of the property regardless of whether the trees saved are credited toward the tree planting requirement or the trees are saved are supplementing the required number of trees to be planted. (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2009-32; 3/25/09)
f. Approved Tree List
(Ord. No. 0-2009-32; 3/25/09) (Ord. No. O-2018-17; 2/14/18)
g. Properties in the DBAC zoning district are not required to have landscaping except when off street parking is installed; however, street trees and plantings in the right-of-way are encouraged where appropriate.
1. Off street parking in DBAC is subject to Section 10-299, Parking Lot Landscaping.
2. A minimum 3'wide landscape strip shall be provided between the parking areas and all public rights-of-way except for alleys.
3. The landscape strip shall include a minimum of 1 tree form shrub for each 15 linear feet of frontage, or portion thereof, measured along the right-of-way adjacent to the parking areas. Plantings shall comply with the requirements in the Approved Tree Form Shrub List for Parking Lot Screening DBAC Zoning District in Section 10-342.d.
4. Multi-story parking structures and enclosed parking areas may be exempt from these requirements if designed to resemble a building front adjacent to the right-of-way, subject to approval of the Planning Director. (Ord. No. 0-2012-38; 4/25/12)
Sec. 10-296. Reduction in Required Landscape Area
The required landscape area can be reduced through the following techniques:
(a) Phased Development
Each phase of a phased project must comply with this code. Phase lines, if drawn, must be drawn 20 feet or more from developed site elements (parking, buildings, ponds, etc.). The portion left for subsequent phases must remain of developable size and quality. No building permit will be issued for a subsequent phase of a project until all requirements of this code have been met.
(b) Floodway
On sites where a floodway exists, the floodway area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs, or groundcover in this area will not be applicable in meeting the landscaping requirements for the development of the property.
(c) Street Trees
Abutting parkways are required to be planted with grass and left unpaved except for sidewalks and driveways. A one-for-one credit for street trees planted in lieu of onsite trees will be granted for street trees planted at any point along the linear frontage of parcel, including trees planted in the roadway median. In the event that two parcels facing one another across a roadway request credit for street trees planted or saved, each parcel will be granted such credit so long as the trees are in a parkway behind the curb line on the respective sides of the streets. Credit for street trees planted in a roadway median will only be granted once, on a first come, first served basis. Any landscape and tree planting made in the parkway or roadway median must be in conformance with the requirements of the master street plan in Artivle V, Division A of this code. Such areas must be irrigated. Applicants must enter into a maintenance agreement with the City for on-going tree maintenance.
(d) Undisturbed Area
On sites where the planning director has determined that undisturbed area exists, the area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs, or groundcover in this area will not be applicable in meeting the landscape requirements for development of the property. No building permit will be issued for the development within the undisturbed area until all requirements of this code have been met. (Ord. No. 0-98-90, 11/18/98; Ord. No. 0-98-98, 12/23/98)
Sec. 10-297. Landscape Location Requirements
a. For a lot abutting one street, a minimum of 30 percent of the landscaping area must be located in the street yards. The remaining percentage of landscaping must be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the planning and zoning director in order to ensure the maximum benefit of the required landscaping.
b. For a corner lot, a minimum of 45 percent of the landscaping area must be located in the street yards. The remaining percentage of landscaping must be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the planning and zoning director in order to ensure the maximum benefit of the required landscaping.
c. Trees planted in the street yard must be planted, on average, every 40 linear feet, but may be grouped in the street yard in such a way that:
1. they will not block the view of traffic entering or existing the property
2. the primary building entrance, or indication thereof, is visible from the roadway;
3. and the species of trees selected do not crowd or otherwise inhibit the growth of other trees in the same grouping.
d. For a lot abutting three or more streets, landscaping must be reasonably dispersed so that each street yard has some landscaping.
e. All existing undergrowth in a protected area must remain until construction is complete and may be removed at that time.
f. Any surface of the street yard not occupied by trees, shrubs, planting beds, signs or other permitted fixtures must be planted with sod or other suitable groundcover.
Sec. 10-298. Irrigation Required
Landscaped areas in all nonresidential developments are required to have an irrigation system in accordance with Section 10-308, Irrigation Standards.
Sec. 10-299. Parking Lot Landscaping
a. Landscaped islands are required in all parking lots parking lots in excess of more than 20 spaces.
b. One landscaped island is required for every 10 parking spaces and at both ends of each row of 10 or more parking spaces. Islands may be grouped as long as there is no more than 20 parking spaces in a row without a landscape island. (Ord. No. 0/2009/19; 3/11/09)
c. Each landscaped island must be at least 50 square feet; have a minimum dimension of five feet; and must include at least one tree. Grouped islands must be at least 100 square feet; have a minimum dimension of ten feet; and must include at least one tree. Two landscaped islands that are connected and located as to span two rows of adjacent parking spaces may utilize one large species tree. The remaining area must be landscaping material, including shrubs, turf, or planted groundcover, none of which may exceed three feet in height (Ord. No. 0-2017-69; 8/23/17).
Large tree species alternative (Ord. No. 0-2017-69; 8/23/17)
Sec. 10-300. Landscape Requirements for Nonconforming Uses
a. Classification of Nonconforming Developments
Land developed with a building or structure, which is in lawful use at the effective date of this code, which was in lawful use as of September 9, 1992, and land, which does not conform to the landscape requirements of this code, but is subsequently annexed to the city, will have non-conforming use status with respect to this code.
b. Regulation of Nonconforming Developments
1. The lawful use of a building or other development as described in subsection A above may be continued although such development does not comply with the landscape requirements herein. However, voluntary compliance with these landscape requirements and landscape enhancement is encouraged.
2. The repair or restoration of a building or other development to its prior condition after being damaged or destroyed by fire, explosion, wind, flood, tornado or other accident or weather phenomena, will not require that such building or other development comply with the landscape requirements of this code, provided a building permit for the repair or restoration is obtained within 12 months of the date the damage occurred.
3. The expansion of an existing building, or the construction of one or more additional buildings on the same lot as the existing building, will not require compliance with the landscape requirements of this code provided:
(a) That the expansion of the existing building or the construction of the additional building(s) will not result in the encroachment of any wall building line into an existing street yard; or
(b) Where the expansion of the existing building or construction of any additional building(s) will result in the encroachment of a wall building line into an existing street yard, the gross floor area (GFA) of the addition, or the total gross floor area of all buildings to be constructed in the street yard, must not exceed 25 percent of the GFA of the existing building. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02)
4. Regardless of any exemptions in part 3, non-conforming developments which
contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No. 0-2018-83; 10/24/18)
contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No. 0-2018-83; 10/24/18)
Sec. 10-301. Tree Preservation Requirements
a. Applicability
The requirements of this code regarding clearing of land without a building permit will apply to all land within the city limits, as now or hereafter set, in all multifamily, commercial, office, and manufacturing districts.
b. Trees in Agricultural Zone
There is no tree preservation requirement in the Agricultural Zone.
c. Existing and Approved Right-of-Way, Shared Access Easements, and Public Easements
All construction and maintenance activity within existing or approved (as shown on an approved preliminary plat) public right-of-way, shared access easements, or easements are exempt from the requirements for tree protection and replacement specified herein. (Ord. No. 0-2014-97; 10/22/14)
d. Other Government Entities
The tree preservation requirements apply to all private and institutional developments and all development on city property, including properly within the MU-O Municipal Use Overlay District. The requirements do not apply to property owned by other governmental entities or taxing entities. However, voluntary compliance is encouraged.
e. Franchise and Other Utility Companies
All utility company projects are exempt from the requirements for tree protection and replacement specified herein when clearing public easements and existing right-of-way.
f. Public Tree Care
The city will have the right to plant, prune, and maintain trees, street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. The management of trees on City property shall be the responsibility of the City’s Parks and Recreation Department. The City’s Parks and Recreation Department shall be responsible for the creation and implementation of a five-year management plan for the planting, maintenance, and removal of trees on City property. This management plan is to be updated annually. The City’s Parks and Recreation Department shall be responsible for reporting the accomplishments of the five-year plan to the Parks Board on an annual basis. City owned property does not include publicly dedicated rights-of-way until the City accepts the improvements for maintenance. (Ord. No. 0-2009-88; 8/26/09)
Sec. 10-302. Pre-Development Restrictions on Land Clearing
It is the intent of this Division to minimize the visual impact of tree removal by retaining or replanting tree buffers around property boundaries. A property owner, developer, or contractor must obtain a clearing and grading permit prior to any agricultural timbering, predevelopment clearing, or depositing of fill on an undeveloped site. Properties, other than the minimum buffer area specified herein, may be underbrushed without obtaining a grading permit. For the minimum buffer area specified here, underbrushing may be undertaken as long as no mechanized equipment, other than a chainsaw, is used in the underbrush clearing. In no case may living and healthy trees 6" DBH or larger be removed without a permit. (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2009-88; 8/26/09)
Sec. 10-303. Clearing and Grading Permit Required
Pursuant to Sec. 10-527 of this code, a clearing and grading permit must be obtained from the development services engineer prior to the commencement of any development, excavation, grading, regrading, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes made to any property within the city. A separate permit is required for each separate, non-contiguous site or lot. (Ord. No. 0-99-19; 2/24/99)
a. Tree Inventory
Accompanying the permit application, a 6” DBH or larger tree inventory shall be submitted according to the following:
1. The approximate location and diameter at breast height (DBH) of all living trees which are six inches in DBH in size or larger when measured at 4 ½ feet above the ground within a 40’ buffer area along any street frontage, and 25’ buffer area on all other property boundaries.
2. A tree clearing/planting plan shall also be provided detailing the proposed site buffers and remaining trees after clearing. The plan will also list the total number of existing 6” DBH or larger trees and the proposed number of remaining 6” DBH and/or 2” DBH replanted trees after clearing within buffer areas.
b. Approval Criteria for Zoning Requiring Tree Preservation
The Development Services Engineer will approve a clearing and grading permit if the application demonstrates that the following conditions in this subsection will be met.
A 40-foot-wide undisturbed area is left in place along 75 percent of the street frontage, a 25-foot-wide undisturbed area is left along 75 percent of the rear property line, and a 25-foot-wide undisturbed area” is left along 75 percent of the side property lines. The understory growth is to be left intact to enhance the tree buffer. Each “
Sec. 10-304. Exceptions and Tree removal without a Permit
a. Exceptions. If the property owner, developer, or contractor determines that the restrictions set forth in (1) and (2) above cannot be met, the development services engineer may grant a variance for the pre-development clearing of land if property owner agrees to mitigate the clearing of land by replanting the buffer area as specified above. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)
b. Tree Removal without a Permit. It is unlawful to conduct a tree clearing without a valid Clearing and Grading Permit when required by this Chapter. Where tree clearing takes place in advance of a Clearing and Grading Permit, the owner shall mitigate all tree removal in accordance with this Chapter. Tree planting must occur within six months of any such violation. Additionally, failure to obtain a Clearing and Grading Permit when required may result in a fine pursuant to City Code Section 1-4. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-305. Tree Planting Standards and Specifications
a. Plant Criteria
1. All plant materials planted in order to satisfy this code must be of a species, which will conform to the selection criteria of this code.
(a) Plant materials must be either acceptable native plants to the Tyler area, or plants that are known to be acclimated to the East Texas region.
(b) The species of plant chosen must be adaptable to the specific environment and conditions in which it will be planted; i.e., soils, water availability, height limitations and shade.
2. Trees and shrubs planted in order to satisfy this code must conform to the minimum size specified.
(a) All trees must be a minimum two inches in DBH (4.5 feet above grade); a minimum branching height of six feet; and a minimum overall height of eight feet at the time
of planting. (Ord. No. 0-2015-67; 6/24/15)
of planting. (Ord. No. 0-2015-67; 6/24/15)
(b) Shrubs must be a minimum size of two gallons.
3. Trees must be selected so as to avoid those species known to cause damage to public improvements.
4. Trees selected for planting must be on a list of approved trees that is available from the planning director.
5. Artificial plants are not acceptable in satisfying this code.
b. Planting Requirements
1. A professional horticulturist/nurseryman should be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. In the event weather conditions are not suitable for planting, with the approval of the planning director, and prior to issuance of a certificate of occupancy, an irrevocable letter of credit assigned to the city must be provided to cover the cost of postponed planting.
2. The owner or contractor must furnish and install and/or dig, ball, burlap, and transplant all plant materials listed on the plant schedule.
3. Trees must not be planted so near to sewers, sidewalks, or other public improvements as to cause damage to such improvements.
4. Sight clearance on all sites must comply with Sec. 18-2 of the Tyler City Code.
5. The owner or contractor must excavate all plant pits, vine pits, hedge trenches and shrub beds as follows:
(a) All pits must be generally circular in outline, with vertical sides. The tree pit must be deep enough to allow one-eighth of the ball to be above the existing grade. Plants must rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree.
(b) If areas are designated as shrub beds or hedge trenches, they must be cultivated to at least 18 inches in depth. Areas designated for ground covers and vines must be cultivated to at least 12 inches in depth.
6. Each tree, shrub, or vine must be pruned in an appropriate manner, in accordance with accepted standard practice. Broken or bruised branches must be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts must be made with sharp tools and all edges should be trimmed smooth.
7. All trenches and shrub beds must be edged and cultivated to the lines shown on the drawing. The area around isolated plants must be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked must be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches, and vine pockets.
8. After cultivation, all plant materials must be mulched with approved material over the entire area of the bed or saucer according to generally accepted landscape practices. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10-09-02)
9. In nonresidential districts, where newly planted trees are not able to stand up on their own, trees shall be staked with an at-grade root ball securing system. The system shall securely anchor the root ball, while allowing the trunk and the crown to move naturally. The system shall not use materials and methods that penetrate or damage the root ball. Above grade staking systems such as "T" posts with wires, hoses, straps, or guy wires wrapped around the tree trunk, shall not be allowed unless authorized by the Planning Director in consultation with the Urban Forester. (Ord. No. 0-2016-76; 08/24/16)
c. Trees in Residential Zones
Property zoned RE, R-1A, R-1B, R-1C, R-1D, R-2, R-MH, PUR, and PXR are required to provide a minimum one tree per residential lot prior to certificate of occupancy and will be subject to any additional tree requirements in the subdivision standards provided in Article IV of this code. (Ord. No. 0-2011-45, 6/8/11)
d. Pre-Construction Standards
1. Tree Flagging
All saved trees on the subject property within 40 feet of a construction area or surface improvements such as driveway, walks, etc. must be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet or more such that the tape is very visible to workers operating construction equipment. This does not include the flagging of all protected trees adjacent to right-of-way within approved residential subdivisions during the construction of the roadway.
2. Open Space Flagging
All trees or groups of trees within areas intended to be saved as open space must be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape must be supported at a maximum of 25 feet intervals by wrapping trees or other approved methods. Single incident access for the purposes of clearing underbrush is allowed.
3. Protective Fencing
In those situations where a saved tree is so close to the construction area that construction equipment might infringe on the root system or is within 20 feet of the construction area, a protective fencing will be required between the outer limits of the critical root zone of the tree and the construction activity area. Four foot high protective fencing must be supported at a maximum of 10 foot (intervals by approved methods. All protective fencing must be in place prior to commencement of any site work and remain in place until all exterior work has been completed.
4. Bark Protection
In situations where a saved tree remains in the immediate area of intended construction, the tree must be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by large construction equipment.
e. Tree Preservation and Care During Construction
1. Each individual tree or shrub may be credited only once.
2. Existing trees to be preserved for landscape credit must be clearly marked.
3. The following activities are be prohibited within areas to be preserved or the limits of the critical root zone of any tree to be saved for landscape credit:
(a) Material Storage
No materials intended for use in construction or waste materials accumulated due to excavation or demolition may be placed within the limits of the critical root zone of any protected tree.
(b) Equipment Cleaning/Liquid Disposal
No equipment may be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar, or similar materials.
(c) Tree Attachments
No signs, wires, or other attachments, other than those of a protective nature, may be attached to any protected tree. Fencing attached to a tree via “U" nails or bent nails when only at points of tangency with the tree are allowed.
(d) Vehicular Traffic
No vehicular and/or construction equipment traffic or parking may take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to signing incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.
(e) Grade Changes
No grade changes may be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the planning director or if grading is as directed by the development services engineer.
(f) Impervious Paving
No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree may be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this code.
(g) Saved Trees
A saved tree will be considered to be preserved only if a minimum of 75 percent of the critical root zone is maintained at undisturbed natural grade and no more than 25 percent of the canopy is removed due to building encroachment.
(h) Barricaded Areas
Areas to remain preserved are to be barricaded so that construction practices in the field will protect existing trees from compaction of soil, changes in grades and damage from machines.
f. Permanent Construction Methods
1. Boring
Boring of utilities under saved trees is required in those circumstances where it is not possible to trench around the critical root zone of the saved tree. When required, the length of the bore must be the width of the critical root zone at a minimum and must be a minimum depth of 48 inches.
2. Grade Change
In the event the grade change within the critical root zone of a protected tree exceeds the limits noted in subsection (E)(3)(e) herein, the procedures noted in the Design Guidelines will be required.
3. Trenching
Trenching across the critical root zone of any saved tree must be avoided. Although this subsection is not intended to prohibit the placement of underground services such as electric, phone, gas, etc., the placement of these utilities is encouraged to be located outside of the critical root zone of saved trees. Irrigation system trenching must be placed outside of the critical root zone with only the minimum required single head supply line allowed within that area placed radially to the tree trunk.
4. Root Pruning
All roots two inches or larger in diameter which are exposed as a result of trenching or other excavation must be cut off square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure.
g. Maintenance
1. The owner or agent is responsible for the maintenance of all landscaping, which must be maintained in good condition so as to present a healthy, neat and orderly appearance, and must be kept free from refuse and debris. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan within 120 days after death, season permitting.
2. The owner or agent is responsible for replacement of dead landscaping material. Replacement must occur within 120 days, season permitting, of notification by the planning director or designee. Replacement material must be of similar character as the dead landscaping material.
3. The owner or agent is responsible for any damage or interference with utility lines or other utility facilities resulting from the negligence of the property owner, agents or employees in the installation and maintenance of required landscaping. If a utility crew disturbs a landscaped area in a utility easement, it must make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work is completed. If nonetheless some plant materials die, it is the obligation of the owner or agent to replace the dead plant materials.
4. Nothing in this code will prohibit or restrict a public utility company from trimming or removing trees or other plant materials that are a hazard to its employees, the public or its facilities, or that threaten to interfere with the provision of continuous service. (Ord. No. 0-2002-46, 10-09-02)
Sec. 10-306. Tree Preservation for Nonconforming Uses
a. Land that is under lawful development at the effective date of the tree preservation requirements or that is under lawful development at the effective date of annexation of such land, in this division as of April 24, 2008 will have nonconforming status with respect to tree preservation requirements.
b. Any land in an area that has been annexed, and where no lawful development has occurred, must comply with the requirements of this ordinance and will not be granted nonconforming status with respect to tree preservation requirements.
c. If a person has begun the process of developing land by obtaining one or more licenses, certificates, permits, approvals or other forms of city authorization prior to the effective date of the tree preservation requirements in Article VI, Division A, or by obtaining one or more licenses, certificates, permits, approvals or other forms of city authorization prior to annexation of such land, then said development will have non-conforming status with respect to said tree preservation requirements.
Sec. 10-307. Landscaping and Tree Preservation Compliance
a. All required landscaping and screening must be installed as part of the project construction. Upon installation, the general contractor shall submit to the Building Official a signed certification stating that all required landscaping, buffering and screening has been installed in accordance with the approved plan. If the installed landscaping is not in compliance with the approved plan, a final "As-Built" plan shall be submitted to the Planning Department for review per Section 10-294. The City reserves the right to verify all landscaping installations before or after the issuance of a Certificate of Occupancy or final inspection. (Ord. No. 0-2018-83; 10/24/18)
b. All tree planting and plant screening required by this code must be installed prior to the issuance of a certificate of occupancy, where required, or prior to the commencement of use.
c. All landscaping must be installed in a sound manner and in accordance with accepted planting procedures.
d. All elements of landscaping must be installed so as to meet all other applicable city ordinances and policies.
e. Landscape areas, both those proposed and those to be retained, must be protected from vehicular encroachment during and after the construction phase by appropriate barriers.
f. All landscape requirements of this code will continue after the building permit is issued to any owner or subsequent owner. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/9/02).
Sec. 10-308. Irrigation Standards
a. Irrigation must comply with the Texas Water Code.
b. One of the following irrigation methods must be used to ensure survival of the required plant material in landscaped areas:
1. Conventional System
An automatic underground irrigation system which may be a conventional spray or bubbler type heads.
2. Drip or Leaky-Pipe System
An automatic underground irrigation system in conjunction with a water-saving system such as a drip or a leaky pipe system.
3. Temporary and Above-Ground Watering
Landscape areas using drought resistant plants and installation techniques, including areas planted with native grasses, wildflowers, and trees may use a temporary and above ground system, and are required to provide irrigation for the first three growing seasons.
c. Irrigation is not required for undisturbed natural areas or undisturbed existing trees. Must have a water source consisting of a hose bib accessible to each area within parking lots.
d. All irrigation systems must be equipped with freeze and rain indicators as specified in the Texas Water Code.
Sec. 10-309. Valid License Required
a. License. Any person who connects an irrigation system to the water supply within the City must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code.
b. Exemptions to License Requirement. A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, Sec. 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person’s home. A home or property owner who installs an irrigation system m’’us’t meet the standards contained in Title 30, Texas Administrative Code, Chapter 344 regarding spacing, water pressure, spraying water over impervio’’us’ materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. The City may, at any point, adopt more stringent requirements for a home or property owner who installs an irrigation system. See Texas Occupations Code Sec. 1903.002 for other exemptions to the licensing requirement. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-310. Permit Required
a. Any person installing an irrigation system within the territorial limits of the City is required to obtain a permit from the City. Any plan approved for a permit must be in compliance with the requirements of this Division. Plumbing fees are located in Chapter 6.
b. Exemptions
1. An irrigation system that is that an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or
2. An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or
3. An irrigation system connected to a groundwater well used by the property owner for domestic use. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-311. Backflow Prevention Methods and Devices
a. Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the Texas Commission on Environmental Quality (TCEQ). The backflow prevention device must be approved by the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or the Uniform Plumbing Code; or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's current published recommendations.
b. If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow;
1. An air gap may be used if:
(a) there is an unobstructed physical separation; and
(b) t he distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater.
2. Reduced pressure principle backflow prevention assemblies may be used if:
(a) the device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and
(b) drainage is provided for any water that may be discharged through the assembly relief valve.
3. Pressure vacuum breakers may be used if:
(a) no back-pressure condition will occur; and
(b) t he device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler.
4. Atmospheric vacuum breakers may be used if:
(a) no back-pressure will be present;
(b) there are no shutoff valves downstream from the atmospheric vacuum breaker;
(c) the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler;
(d) there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and
(e) a separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls.
c. Backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter.
d. If there are no conditions that present a health hazard, double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and test cocks are used for testing only.
e. If a double check valve is installed below ground:
1. test cocks must be plugged, except when the double check valve is being tested;
2. test cock plugs must be threaded, water-tight, and made of non-ferrous material;
3. a y-type strainer is installed on the inlet side of the double check valve;
4. there must be a clearance between any fill material and the bottom of the double check valve to allow space for testing and repair; and
5. there must be space on the side of the double check valve to test and repair the double check valve.
f. If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed.
g. If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly.
h. The irrigator shall ensure the backflow prevention device is tested by a licensed Backflow Prevention Assembly Tester prior to being placed in service and the test results provided to the local water purveyor and the irrigation system's owner or owner's representative within ten business days of testing of the backflow prevention device. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-312. Specific Conditions and Cross-Connection Control
a. Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap.
b. Connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap.
c. Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device.
d. If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then:
1. all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in Title 30, Texas Administrative Code, Section 285.91(10);
2. any connections using a private or public potable water source that is not the city’s potable water system m’’us’t be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section 344.50; and
3. any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-313. Water Conservation
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this Chapter. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-314. Irrigation Plan Design: Minimum Standards
a. An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not:
1. diminish the operational integrity of the irrigation system;
2. violate any requirements of this Division; and
3. go unnoted in red on the irrigation plan.
b. The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan.
c. All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information:
1. the irrigator's seal, signature, and date of signing;
2. all major physical features and the boundaries of the areas to be watered;
3. a North arrow;
4. a legend;
5. the zone flow measurement for each zone;
6. location and type of each:
(a) controller; and
(b) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze);
7. location, type, and size of each:
(a) water source, such as, but not limited to a water meter and point(s) of connection;
(b) backflow prevention device;
(c) water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays;
(d) valve, including but not limited to, zone valves, master valves, and isolation valves;
(e) pressure regulation component; and
(f) main line and lateral piping.
8. the scale used; and
9. the design pressure. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-315. Design and Installation: Minimum Requirements
a. No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component.
b. Spacing.
1. The maximum spacing between emission devices must not exceed the manufacturer's published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure.
2. New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar.
3. Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area.
c. Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads.
d. Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe.
e. Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements.
f. Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate.
g. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc.
h. Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations.
i. PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605).
j. Rain or moisture shut-off devices or other technology. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall.
k. Isolation valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device.
l. Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping.
1. If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues.
2. If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil.
3. All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade.
m. Wiring irrigation systems.
1. Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground.
2. Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer's recommendation.
3. Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer.
4. Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill.
n. Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "non potable, not safe for drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system.
o. Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-316. Completion of Irrigation System Installation
Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete four items:
a. A final "walk through" with the irrigation system's owner or the owner's representative to explain the operation of the system;
b. The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to:
1. the manufacturer's manual for the automatic controller, if the system is automatic;
2. a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors;
3. a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and
4. the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time."
c. A permanent sticker which contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink.
d. The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-317. Maintenance, Alteration, Repair, or Service of Irrigation Systems; Reclaimed Water.
a. The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system.
b. All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill.
c. Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605).
d. When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present.
e. Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if:
1. there is no direct contact with edible crops, unless the crop is pasteurized before consumption;
2. the irrigation system does not spray water across property lines that do not belong to the irrigation system's owner;
3. the irrigation system is installed using purple components;
4. the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section 290.47(i) (relating to Appendices);
5. a minimum of an eight inch by eight inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER – DO NOT DRINK" and "AGUA DE RECUPERACIÓN – NO BEBER"; and
6. backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the City’s water provider. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-318. Advertisement Requirements; Contracts; Warranties
a. Advertisement.
1. All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI________" in a contrasting color of block letters at least two inches high, on both sides of the vehicle.
2. All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI___________." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number.
3. The name, mailing address, and telephone number of the Commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept.
b. Contracts.
1. All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date.
2. All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us."
3. An individual who agrees by contract to provide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1(36) (relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work.
4. The contract must include the dates that the warranty is valid.
c. Warranties for Systems
1. On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required.
2. An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us."
3. On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-319. Irrigations Inspectors; Enforcement; Penalties
a. Duties and Responsibilities of City Irrigation Inspectors. A licensed irrigation inspector shall enforce Sections 10-309 – 10-319, and shall be responsible for:
1. verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed;
2. inspecting the irrigation system;
3. determining that the irrigation system complies with the requirements of this Division;
4. determining that the appropriate backflow prevention device was installed, tested, and test results provided to the City;
5. investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and
6. maintaining records according to this Division.
b. Items not covered by this ordinance. Any irrigation item not covered by this Division and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule, or their successors.
c. Enforcement. The City shall have the power to administer and enforce the provisions of Sections 10-309 – 10-319 as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of Sections 10-309 – 10-319 or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of the ordinance codified in Sections 10-309 – 10-319 is illegal, is hereby declared to be a nuisance, and is subject to a penalty of up to $2,000.00 as authorized by State law and Section 1-4.
Nothing in this chapter shall be construed as a waiver of the City’s right to bring a civil action to enforce the provisions of Sections 10-309 – 10-319 and to seek remedies as allowed by law, including, but not limited, to the following:
1. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and
2. Other available relief. (Ord. No. 0-2009-19; 3/11/09)
Sec. 10-320. Purpose
The purpose of this division is intended to:
a. prevent or minimize any effects of a use on a property from affecting any adjacent property or zoning district with a greater or lesser intensity of use, and
b. provide for the construction of fences, walls, and other similar elements within the city in all zoning districts provided that the fencing complies with the requirements of this code as to location, height, and composition.
Sec. 10-321. General Requirements
a. The bufferyard is included in the overall calculation of the percentage of required landscaping on a lot.
b. All open space within a buffer yard must be planted with grass, or vegetative ground cover.
c. A buffer yard may provide additional plantings in excess of the minimum requirements.
d. A buffer yard may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels.
Required Bufferyard Type by Adjacent Zoning District
District | RE, R-1A, R-1B, R-1C, R-1D, PUR | AR, R-2, R-MF, PXR, PMF | C-1, PMXD-1 RPO, INT | C-2, DBAC, PCD, PMXD-2 | M-1, M-2 |
RE, R-1A, R-1B, R-1C, R-1D, PUR ** | Type A | Type B | Type B | Type C | |
AR,R-2, NR, R-MF, PMF** | Type A | Type A | Type B | Type C | |
C-1, PMXD-1**, RPO, INT | Type B | Type A | Type B | Type C | |
C-2, DBAC*, PCD**, PMXD-2** | Type B | Type B | Type B | Type C | |
M-1, M-2 | Type C | Type C | Type C | Type C |
Note: The more intense use is required to provide the buffer.
*Bufferyards are only required in DBAC when adjacent to residential districts. Requirement may be waived upon the submittal of a letter of support from adjacent, affected property owner.
**Bufferyard types for planned developments may be established per site plan in consideration of approved base zoning.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/11) (Ord. No. 0-2019-87; 10/8/19); (Ord. No. 0-2021-23; 3/24/21)
*Bufferyards are only required in DBAC when adjacent to residential districts. Requirement may be waived upon the submittal of a letter of support from adjacent, affected property owner.
**Bufferyard types for planned developments may be established per site plan in consideration of approved base zoning.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/11) (Ord. No. 0-2019-87; 10/8/19); (Ord. No. 0-2021-23; 3/24/21)
Sec. 10-322. Bufferyard Types
a. “Type A” Bufferyard
1. Applicability
A “Type A” buffer yard is used to separate the following abutting districts a) single-family residential zoning districts from higher-density residential districts and b) all residential districts from light commercial, restricted professional office, and institutional districts. (Ord. No. 0-2012-38, 4/25/12)
2. Type A Bufferyard Composition
A “Type A” buffer yard must consist of one of the following:
(a) A 10-foot-wide planting area with an average of one tree of 6” DBH or larger at maturity per 50 feet or one evergreen shrub per 50 linear feet;
(b) A 7.5-foot-wide planting area with an average of two trees of 6” DBH or larger at maturityand two evergreen shrubs per 50 linear feet; or (Ord. No. 0-2009-19; 3/11/09)
(c) A 5-foot-wide planting area with an average of two trees of 6" DBH or larger at maturity and two shrubs of any type per 50 linear feet. (Ord. No. 0-2009-19; 3/11/09)
(d) A 5-foot-wide planting area with an average of one medium or large evergreen tree of 6" DBH or larger at a maturity for each 50 linear feet of buffer yard spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, or other similar two-sided masonry materials. Wood (redwood, cedar, or other preservative pressure treated wood), may be used as long as a continuous masonry wall (one foot height minimum) on a concrete footer is installed. The wooden panels must be separated by masonry columns spaced no further apart than 20 feet. (Ord. No. 0-2010-119; 11/10/10)
b. “Type B” Bufferyard
1. Applicability
A Type "B" bufferyard is used to separate a) general commercial (C-2), planned commercial (PCD) and high-intensity planned mixed zoning districts (PMXD-2) from any other nonresidential districts; and b) commercial and office districts from any residential district. (Ord. No. 0-2009-19; 3/11/09)
2. Type B Bufferyard Composition
A Type B bufferyard must consist of one of the following:
(a) A 20-foot-wide planting area with an average of one tree of 6" DBH or larger at maturity per 50 linear feet spaced no more than 35 feet apart;
(b) A 15-foot-wide planting area with an average of one tree of 6" DBH or larger at maturity and one shrub per 35 linear feet; or
(c) A 10-foot-wide planting area with an average of two trees of 6" DBH or larter at maturity and two shrubs per 35 linear feet.
(d) A 10-foot-wide planning area with an average of one medium or large evergreen tree of 6" DBH or larger at maturity for each 50 linear feet of buffer yard, spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, or other similar two-sided masonry materials. Wood (redwood, cedar, or other preservative pressure treated wood), may be used as long as a continuous masonry wall (one foot height minimum) on a concrete footer is installed. The wooden panels must be separated by masonry columns spaced no further apart than 20 feet. (Ord. No. 0-2010-119; 11/10/10)
c. “Type C” Bufferyard
1. Applicability
A Type C bufferyard is used to separate industrial districts (M-1 and M-2) from all other zoning districts.
2. Type C Bufferyard Composition
A “Type C” buffer yard must consist of one of the following options:
(a) A 10-foot-wide planting area with an average of two evergreen trees of 6" DBH or larger at maturity for each 50 linear feet of buffer yard, spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, wood, or other similar two-sided masonry materials; or
(b) A 30-foot-wide planting area with a berm at least three feet tall and minimum 4:1 side slope, with an average of four shrubs at the top of the berm per 50 linear feet.
(c) A 50-foot-wide buffer area with existing tree canopy equal to at least one tree per 50'. (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-330. Purpose
This division is intended to guide the construction of fences and retaining walls within the city in any of the zoning districts provided that the fences and retaining walls comply with the requirements of this code as to location, height, and composition. (Ord. No. 0-2021-23; 3/24/21)
Sec. 10-331. Required Conditions
In all cases, fences and retaining walls must meet the following:
a. Location and Height
1. Fences generally may be constructed along the rear and side property lines, if located entirely on private property and not in excess of the maximum height allowed.
2. Fences must not be designed or constructed so as to interfere with traffic sight visibility. Fences determined to cause immediate danger may be removed by the city. (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2013-16; 2/27/13)
3. Fencing requirements in residential districts including “AR”:
(a) Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback of shall be restricted to a maximum height of four feet. Such fences shall be at least 50 percent open and any concrete or masonry footing, not including any required retaining walls, shall be limited to 24 inches from grade. Fence materials shall be in accordance with subsection b. of this Section. For Key Lots as defined in this Chapter, the maximum height of a fence erected in the designated front and side yards of a lot which is zoned residential and is adjacent to the rear yard of an abutting lot, may exceed the four foot maximum height limitation. This does not apply to fences spanning the width of the front yard. Where applicable, all fencing or walls must not interfere with traffic sight visibility or public safety. (Ord. No. 0-2010-119; 11/11/10) (Ord. No. 0-2017-100; 11/8/17) (Ord. No. 0-2018-83; 10/24/18)
(b) Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of eight feet.
(c) Driveway gates shall not be built within the required front yard setback in residentially zoned districts, unless in accordance with a “PUR” final site plan. Legal nonconforming driveway gates must be replaced within six months of removal to maintain nonconforming status. (Ord. No. 0-2017-100; 11/8/17)
4. Fencing requirements for commercial, industrial and other non-residential districts:
(a) Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback, are restricted to a maximum height of eight feet. (Ord. No. 0-2017-100; 11/8/17)
(b) Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of 15 feet. (Ord. No. 0-2017-100; 11/8/17)
(a) Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback, are restricted to a maximum height of eight feet. (Ord. No. 0-2017-100; 11/8/17)
(b) Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of 15 feet. (Ord. No. 0-2017-100; 11/8/17)
b. Fence Materials
1. Composition of fences is restricted to materials commonly used in fence construction, e.g., wood, chain link wire materials (e.g. chain link, chicken wire, hog wire, etc.), brick, wrought iron or other iron material, stone, pipe, and concrete. Chain link wire materials and pipe fencing is prohibited within the front yard setback
2. Fences composed of tires, bumpers or other new or used materials, not commonly used in fence construction, are prohibited in all zoning districts.
3. The use of barbed wire, razor wire, concertina wire, or similar materials is prohibited in all zoning districts with the exception of on the top of the fence in all yards for uses in the M-1 and M-2 districts, the top of the fence in the rear yard for C-2 districts, for bona fide agricultural uses and in any district where state or federal law requires facilities to install such fencing. The Planning Director may grant a property owner permission to use such fencing materials on a limited basis and in areas where there will be little or no visibility from the public right of way. (Ord. No. 0-2017-100; 11/8/17)
c. Fences on Through Lots
The requirement of this code that "through lots" having frontage on two streets, observe the required front yard setback on both streets, will generally apply to the location and height of fences erected on such through lots. Fences in both the designated front and rear yard of through lots, are restricted to a maximum height of four feet in residentially zoned districts and eight feet in commercial, industrial and other non-residential districts, so as to conform to the maximum fence height along either street frontage.
d. Exceptions to Fence Height
There are certain circumstances whereby the maximum height of a fence erected in the designated rear yard of a through lot, which is zoned residential, may exceed the four foot maximum height limitation, including:
1. Where the designated rear yard of a through lot is adjacent to a four or six- lane arterial; or
2. Where the designated rear yard of a through lot is across the street from property zoned and developed for industrial use.
e. Retaining walls
Retaining walls shall be in accordance with the requirements of Chapter 6, Section 6-11 of these Ordinances. (ORD. 0-97-62, 12/10/97); (Ord. No. 0-2021-23; 3/24/21)
Sec. 10-332. Use- and Zone-Specific Fence Standards
a. Front Yard Fencing in R-MF Zone
In areas zoned R-MF where the property is in use as a multi-family residential development or as religious institution, educational facility, hospital or nursing facility, the fence may not exceed six feet within the required front yard.
b. Through Lot Fencing
Where a through lot results in a back yard being a front yard for neighboring properties, fencing shall not exceed four feet in height within the extended front yard setback for adjoining lots.
Sec. 10-333. Electric fences.
a. The construction and use of electric fences shall be allowed in the City only as provided in this section, subject to the following standards:
1. IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, or successor.
2. Electrification
(a) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery shall be charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.
(b) T he electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76, or successors.
3. Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height.
4. Location. Electric fences shall be permitted in any non-residential outdoor storage areas only.
5. Warning signs. Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not less than sixty feet.
b. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section. (Ord. No. 0-2010-20; 3/10/10)
Sec. 10-340. Trash Enclosures
All Dumpsters and other similar trash containers must meet the following standards for placement on a site, screening, and screening materials:
a. Screened on four sides by a six foot high, solid fence, sufficient to screen the container from public view or that of nearby single or two-family residential developments.
b. Located on the side or rear of the building and screened from public view.
c. Located at 25 feet outside the rear setback when abutting RE, R-1A, R-1B, R-1C, R-1D, R-2, PUR, and PXR-zoned properties. (Ord. No. 0-2014-97; 10/22/14)
d. Placed on a minimum six-inch reinforced slab, sloped to drain. The pad must extend four (4) feet in front of enclosure to accommodate refuse collection vehicles.
e. Screening should be comprised of:
1. Brick, stone, reinforced concrete, or other similar masonry materials that have a finish similar to the principal structure on the site; or
2. Redwood, cedar, preservative pressure treated wood, or other similar materials combined with large shrubs planted four feet on center and staggered 30 to 36 inches. Ground cover underneath screening shrubs may be comprised of turf, mulch, or other permeable material.
f. All fence posts shall be rust-protected metal, concrete based masonry or concrete pillars; and
g. Six-inch concrete filled steel pipes must be located to protect the enclosure from truck operations.
h. Trash enclosures shall have a minimum depth of 10 feet and must have steel-framed gates with spring-loaded hinges or the equivalent and fasteners to keep them closed. The gates must allow for a minimum 12 feet clear opening (should be increased if multiple refuse containers are required) and provide pin latches to hold gates open. When in use, tie-backs should be used to secure the steel framed gates in the open position.
i Trash enclosure screening must be maintained by the property owner at all times.
(Ord. No. 0-2011-45, 6/8/11)(Ord. No. 0-2015-67; 6/24/15)
Sec. 10-341. Mechanical Equipment
a. Properties that are visible from residential and public parks must screen all roof, ground and wall mounted mechanical equipment (e.g. heating, ventilating, and air conditioning equipment, compressors, duct work, transformers and elevator equipment) from view at ground level of the property line.
b. Roof-mounted mechanical equipment shall be shielded from view on four sides from ground level of the property line. The planning director may waive the required screen on any of the four sides of the mechanical equipment if the property owner or developer can demonstrate on a drawing of the building elevation that the equipment is not visible at ground level of the property line on the side of the building where the screen would not be constructed.
c. Screening must consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary building, and must not have the effect of appearing separate from the building.
d. Wall or ground-mounted equipment screening must be constructed of:
1. Planting screens;
2. Brick, stone, reinforced concrete, or other similar masonry materials; or
3. Redwood, cedar, preservative pressure treated wood, or other similar materials.
e. All fence posts shall be rust-protected metal, concrete-based masonry, or concrete pillars.
f. This Section 10-341 does not apply to solar energy devices as defined in State lae. Solar energy devices are regulated by the City in Section 10-346 only to the extent permitted by State law. (Ord. No. 0-2012-38, 4/25/12); (Ord. No. 0-2021-70; 7/28/21)
Sec. 10-342. Parking Lots
Where parking lot areas abut residentially zoned property, and the parking area is not screened from view by a wall, berm, or other screen, a continuous screen of shrubs, a (minimum five gallons in size and creating a three-foot-tall screen within two years) must be placed planted adjacent to the parking area or lot. The shrubs should create a minimum three-foot-tall screen in two years.
a. All parking areas that abut residential zones must be screened using screening methods as described below.
b. Screening must be at least three feet in height as measured at the bounding property line to the residentially zoned property or where the residential grade is lower, measured at the edge or head of the business parking area, and be achieved through one of the following methods: (Ord. No. 0-2010-119; 11/10/10)
c. A berm with a slope no greater than 3:1 feet;
d. A planting screen or hedge comprised of drought and freeze-resistant shrubs must be used as identified in the approved shrub list for parking lot screening. Other plants may be used with the approval of the planning director. (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2012-38, 4/25/12)
Approved Shrub List for Parking Lot Screening
Common Name | Scientific Name | Evergreen | Light | Plant Height |
Aucuba (Gold Dust Aucuba) | Aucuba japonica | Y | Partial to full shade | 3-6 feet |
Camellia | Sasanqua | Y | Partial shade | 3-6 feet |
Elaeagnus | Macrophylla | Y | Full sun to partial shade | 6-8 feet |
Holly (Dwarf Burford) (Dwarf Yaupon), (Dazzler), Berries Jubilee) or other varieties. | Ilex cornuta | Y | Sun to partial shade | 3-6 feet (dwarf varieties) 8-20 feet |
Indian Hawthorn | Rhaphiolepis indica | Y | Full sun to partial shade | 3-6 feet |
Juniper | Juniperus spp | Y | Sun | 3-6 feet |
Mahonia (Leatherleaf) | Bealei | Y | Sun to partial shade | 5-7 feet |
Nandina | Nandina domestica | Y | Full sun to partial shade | 3-6 feet |
(Ord. No. 0-2010-119; 11/10/10)
Common Name | Scientific Name | Evergreen | Light | Plant Height |
Texas Sage | Leucopbyllum Frutescens | N | Full sun | 6 feet |
Crapemyrtle | Lagerstroemia Indica | N | Full sun | 25 feet |
Japanese Maple | Acer palmatum | N | Full sun to partial shade | 30 feet |
Waxmyrtle | Myrica cerifera | Y | Full sun to partial shade | 15 feet |
(Ord. No. 0-2012-38, 4/25/12)
e. A masonry wall; or
f. A combination of any of the above along with trees.
g. Planted materials used as screening must be capable of providing a solid 36-inch screen within two years, as determined by a registered landscape architect, certified nurseryman, or master gardener, and must be planted in a prepared bed at least three feet in width.
h. Screening must be offset by at least six feet every 60 linear feet.
Sec. 10-343. Subdivisions Adjacent to Roads and Alleys
Where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway or separated from a roadway by an alley or service road, the owner must provide screening at owner’s sole expense. The planning and zoning commission may waive or modify, in exceptional cases, this requirement. A screening plan, including elevations and materials, must be submitted with the preliminary plat. All forms of screening must conform to the requirements of ordinances governing the sight distance for traffic safety and other city ordinances. Additional right-of-way or easements may be required for wider columns and more elaborate screening walls.
Sec. 10-344. Manufacturing Uses
All uses listed in M-1 and M-2 districts must conform to the following specific regulations:
a. All such uses must be completely enclosed by an eight-foot-high solid fence of redwood, fiberglass, aluminum, masonry, or materials approved by the planning director, provided, however, that gate(s) for ingress and egress are permitted.
b. The height of the fence may be reduced to six feet when the use is conducted at an elevation two feet or more above the crown of the adjacent roadway.
c. By the authority of the building official, a steel mesh fence may be substituted, for a solid fence along the rear property line and up to the rear 3/4 of the side property lines when the use abuts a manufacturing zone and the rear portion is not visible from a public street or road.
d. The burning of wrecked or discarded automobiles, trucks or other equipment, or any parts thereof, is prohibited.
e. All debris, parts, disabled vehicles, or salvage material of any kind must be store inside the confines of the fenced area.
f. Advertising, signage, or displays that use salvage materials of any kind may not be displayed outside or above the fence.
g. The use of discarded, disabled, or wrecked automobiles, trucks, equipment, appliances, or parts for advertising, signage or for identification purposes is prohibited.
h. Whenever an owner or representative of a non-conforming use under this code is granted [M-1 or M-2 zoning,] such person will have six months in which to bring the existing use into compliance with this chapter.
Sec. 10-345. Alternative Compliance
The planning director may approve alternative buffering and screening plans for any of the uses or accessory structures and uses for which screen standards are provided above. The planning director may deem an alternative landscape plan compliant with this article if the applicant can demonstrate that the proposed alternative meets at least two of the following criteria:
a. the alternative landscaping proposed will be functionally equivalent to the required standards in terms of coverage, shading, buffering, and tree canopy
b. the proposed alternative to these standards would represent an aesthetic improvement over what is required herein, through the installation of a the variety of plants, flowers, trees, and shrubs in innovative patterns and arrangements;
c. the natural land characteristics or existing vegetation on the proposed development site would achieve the intent of this article;
d. the proposed alternative screening materials will achieve an effect that is equivalent to the screening standards of this article;
e. the required landscaping or buffering would be ineffective at maturity due to topography or the location of improvements on the site; or
f. the proposed alternative represents a plan that is, in the opinion of the planning director, as good or better than a plan prepared in strict compliance with the other standards of this article.
Sec. 10-346. Solar energy devices
a. Except as provided in subsection b. of this Section, the City shall not regulate solar energy devices as defined in State law.
b. In accordance with Texas Local Government Code Chapter 229 or successor and Texas Property Code Section 202.010 or successor, a solar energy device is prohibited if the device:
b. In accordance with Texas Local Government Code Chapter 229 or successor and Texas Property Code Section 202.010 or successor, a solar energy device is prohibited if the device:
1. Has been adjudicated by a court to threaten the public health or safety, or to violate a law;
2. Is located on property that is not owned or maintained by the property owner;
3. Is located in an area on the property owner's property other than:
2. Is located on property that is not owned or maintained by the property owner;
3. Is located in an area on the property owner's property other than:
a. On the roof of the home or of another structure allowed under Property Sec. 202.010(d) or successor.
b. In a fenced yard or patio owned and maintained by the property owner;
4. If mounted on the roof of the home:
a. Extends higher than or beyond the roofline; or
b. Does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or
c. Has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace;
b. In a fenced yard or patio owned and maintained by the property owner;
4. If mounted on the roof of the home:
a. Extends higher than or beyond the roofline; or
b. Does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or
c. Has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace;
5. If located in a fenced yard or patio, is taller than the fence line;
6. As installed, voids material warranties;
(Ord. No. 0-2021-70; 7/28/21)
Sec. 10-350. Purpose
The purpose of the off-street parking and loading regulations is to ensure the provision of adequate off-street parking, loading and maneuvering facilities for all land uses in the city. The standards and regulatory procedures set forth in this division are intended to regulate parking facilities so that there is sufficient parking available for each land use and that the parking spaces are functional and adequate to serve the parking demand generated or associated with a particular land use.
Sec. 10-351. General Requirements
a. All parking must comply with all the regulations of this code pertaining to parking.
b. The standards set forth in this division are minimum requirements.
c. Except in DBAC, INT (not on arterial streets), PMXD-1, and PMXD-2, no parking or maneuvering will be allowed within the street right-of-way between the curb, improved roadway, or travel portion of the rights-of-way and the common right-of-way property line, unless approved by the planning director. It is the responsibility of the property owner to certify at the time formal application is made for a building permit or certificate of occupancy and compliance that the site provides sufficient space and facilities necessary to assure that no vehicle parking or maneuvering activity will take place on public right-of-ways or on private property not under the property owner's control.
d. Except in DBAC, INT (not on arterial streets), PMXD-1, and PMXD-2, no public street, right-of-way, or public property may be used to gain direct access to a parking space except that an alley may be used for maneuvering space to reach a parking space, and public streets may be used to gain direct access to residential usage. (Ord. No. 0-2018-83; 10/24/18)
e. No future on-street parking will be allowed other than parallel, except as approved in planned development. (Ord. No. O-2000-68, 9/6/00) (Ord. No. 0-2023-29; 4/26/23)
f. In all districts, except DBAC, there shall be provided at the time of any occupancy of a building or land use change, a sufficient number of parking spaces to meet the parking requirements of the new occupancy or land use, unless otherwise stated in this Article. (Ord. No. 0-2010-119; 11/10/10)
g. No building may be constructed or enlarged, nor may any use be expanded, if such action will eliminate existing required off-street parking spaces.
h. Off-street parking spaces must be located on the same lot or tract occupied by the principal use or in accordance with the off-site parking requirements of this division and located within the same zoning district as the principal use.
i. All parking area lighting must be designed, located, and installed pursuant to Article VII, Division J of this chapter. At a minimum such lighting must not shine directly upon or reflect onto adjacent properties.
Sec. 10-352. Retroactive Compliance Not Required
In cases where the minimum required off-street parking for legally established land uses and building occupancy is not provided at the effective date of this code, such uses will not be required to meet the minimum parking requirements of this code until required to do so under Article III, Division F, (Non-Conforming Use Regulations).
Sec. 10-353. Access to Adjacent Parking Areas
a. For safety and emergency situations and to reduce congestion on major roadways caused by vehicles entering and exiting parking areas, free access between adjacent parking areas serving a single use or compatible multiple uses within a single building or complex must be provided regardless of ownership.
b. Free access must be provided where there is public access to front and rear without accessing public streets unless issue of grade.
c. Except for single-family and two-family uses, all off-street parking spaces must be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Parking spaces identified by non-permanent materials, such as paint, must be regularly maintained to ensure continuous clear identification of the space.
d. Compatible uses under separate ownership with public parking lots must be connected.
Sec. 10-354. Ownership or Control
The land on which off-street parking spaces or a loading facility is located must be owned or under the control of the same entity which owns or controls the land on which the principal use is located, or by "joint use agreement" as defined in Sec. 10-359 of the off-street parking and loading requirements.
Sec. 10-355. Proper Use of Required Parking Space
a. Parking spaces and loading areas provided in accordance with this division may not be used for the sale, repair, assembly or disassembly, storage or servicing, of vehicles or equipment. Unlicensed and inoperable vehicles may not be stored in any required parking or loading space.
b. Required parking spaces must be available for the parking of operable passenger vehicles, by residents, customers, patrons and employees only, and must not be used for display or storage of vehicles or materials, or parking of service or delivery trucks and trailers.
c. Temporary display of merchandise in a required parking space or loading area, or a temporary use of a parking space or loading area for a use other than parking and loading, may be permitted under certain circumstances if authorized by the planning director through issuance of a temporary use permit (TUP).
Sec. 10-356. Parking Plan and Installation Required
a. No building permit for new construction or building expansion, or a certificate of occupancy and compliance for change in occupancy may be issued by the building official until a parking plan has been reviewed and approved by the traffic engineer as a part of the building and site plan review process. No certificate of occupancy and compliance may be issued until all off-street parking and loading facilities have been constructed.
b. Parking Plan Requirements
The applicant for a building permit for new construction or building expansion, or for a certificate of occupancy and compliance for a change in occupancy of an existing structure must submit a parking plan showing the number, location, and size of all parking spaces, driveway dimensions and locations, traffic aisle widths and locations, and maneuvering areas. The applicant must submit information necessary to verify compliance with this division and the city parking design standards.
c. Plans for Paving of Parking Area
Plans for paving of all off-street parking areas, traffic aisles, and access driveways, including detailed drainage plans are subject to review and approval by the city engineer for compliance with this division and the city driveway requirements in Sec. 10-380 or on file with the city engineer.
d. Building Permit Required
All new parking lots and additions to existing parking lots require issuance of a building permit.
Sec. 10-357. Parking Space Design Requirements
a. Each parking space required and provided pursuant to the provisions of this Article shall be not less than nine (9) feet in width and eighteen (18) feet in length and parking access aisles must be at least 25 feet wide.
b. The use of continuous curbing in lieu of individual wheel stops is allowed. This will allow sixteen (16) feet of asphalt, and a two-foot car bumper overhang. The two-foot car bumper overhang shall be in addition to the required landscape area, required buffer area or to a sidewalk.
(Ord. No. 0-2009-19; 3/11/09)
Sec. 10-358. Angled Parking
The minimum size of angled parking spaces varies depending on the degree at which it is angled and the width of the drive aisle.
Angled parking stall size and length dimensions
Parking Angle (degrees) | Minimum Stall Width (ft.) | Minimum Stall to Curb Length (ft.) | Minimum Aisle Width (ft.) |
0 | 9-0" | 22'-0"* | 10,-0" |
45 | 9'-0" | 17'-8" | 12'-8" |
60 | 9'-0" | 19'-0" | 14'-6" |
90 | 9'-0" | 18'-0" | 25'-0"** |
*Stall is parallel to curb.
**A 26’ drive aisle width is required for all lanes with fire hydrants.
Sec. 10-359. Joint Use Parking Agreement
The required off-street parking spaces for any number of separate uses may be combined in a joint parking facility under the following conditions:
a. In the case of mixed or joint uses, the parking spaces required must equal the sum of the requirement of the various uses computed separately.
b. A document must be filed with the city showing that the operating schedules of the facilities involved do not conflict and the separate facilities will be required to provide enough additional parking spaces to meet the requirements of this code.
Sec. 10-360. Off-Street Parking Requirements
The minimum requirement for the number of off-street parking spaces required for every land use and building occupancy must be calculated by using parking requirements table in this division. Parking standards in this division have been grouped by use and in some instances by occupancy. Where a specific use is not listed by name on this table, the base standard for its use group will govern.
Off-street parking spaces must be provided by all uses in the amount specified in the parking plan. For most groups, the parking requirement is based on the square footage of the building occupied by the use. The gross floor area of the building is the measurement to be used in determining the square footage of a building for the purposes of calculating the parking requirement.
a. Where the calculation of the off-street parking requirement results in requiring a fractional space, any fraction less than 0.5 will be disregarded; any fraction of 0.5 or greater will require an additional space.
b. A minimum of four off-street parking spaces must be provided for any non-residential use except that of home occupations.
Use Category | Specific Use | General Requirement | Additional Requirement |
Use Category | Specific Use | General Requirement | Additional Requirement |
Residential Uses | |||
Household Living | Single-family, detached | 2/dwelling unit (DU) | |
Single-family, attached | 2/DU | ||
Two-family | 2/DU | ||
Townhouse | 2.5/DU | ||
Multifamily dwelling | 1.5 /1-br unit 2/ 2+ br unit | Additional 5 percent of total number of required spaces for visitor use | |
Group Living | Group home (6 or fewer residents) | 2 / DU | 1 visitor space |
Group homes (7 or more residents) | 1 / 2 br | 1 visitor space | |
Nursing or convalescent home | Parking = .051x + 21 Where x = Building Area/1,000 square foot Gross Floor Area (GFA) | ||
Retirement center apartment | .5 / 1-br unit 1 / 2-br unit 1.5 / 2+ br unit | Additional 5 percent of total number of required spaces for visitor use | |
All other Group Living | 1.25 / two br | ||
Public and Civic Uses | |||
Cultural Facilities | All | 1/400 sq. ft. public use area | |
Day Care | Day care center | 2/ <1,000 sq. ft. GFA + 1/each 400 sq. ft. >1,000 sq. ft. | |
Family home day care | |||
Educational Facilities | Group day care home | ||
Elementary Schools | 1/classroom +1/250 sq. ft. admin offices | ||
Middle Schools | Same as elementary | ||
High Schools | 7/classroom + 1/20 sq. ft. admin offices | ||
All other Educational Facilities | 5/ classroom + 1/250 sq. ft. admin offices | ||
Government Facilities | All | 1 / 250 ft. GFA +1/fleet vehicle | |
Medical Facilities | Hospitals | 4/1 patient bed | |
Parks and Open Areas | Linear Parks/Linkages | 2 / access point | All other parks tbd by director |
Golf courses (public) | 4/hole | 1/250 sq. ft. accessory use structures | |
Country clubs | 1/5 members or 4/hole | ||
Passenger Terminals | Airports and Heliports | 1/400 sq. ft. passenger terminal area | |
All other Passenger Terminals | 1/125 sq. ft. GFA | ||
Places of Worship | Place of Worship < 2,000 sq. ft. of accessory uses | 1/5 seats in main seating area | Additional spaces are required for accessory uses based on general requirements for such use. |
Commercial Uses | |||
Eating Establishments | Restaurant—dine in | 1/100 sq. ft. GFA | |
Restaurant-take-out | 1/200 sq. ft. GFA | Applies to establishments whose products are primarily eaten off-site (Ord. 0-2012-38, 4/25/12) | |
Drive Through | 1/100 sq. ft. GFA | Drive-through stacking requirements apply. | |
Private Club | 1/100 sq. ft. GFA | ||
Food Truck Park, Minor | 2/mobile food unit | Off-site allowances within 1,000 ft. | |
Food Truck Park, Major | 2/mobile food unit +1/100 sq. ft. of designated sitting area | Off-site allowances within 1,000 ft. | |
Entertainment | Indoor | 1/250 ft GFA for all non-enumerated uses; 1/50 ft. GFA for bingo halls; 1/ 4 seats for theaters | |
Outdoor | 1/5 seats + 1/additional 500 ft. GFA indoor structures | ||
Funeral and Interment Facilities | Funeral Homes | 1/50 sq. ft. GFA of public gathering areas | |
Cemeteries | None | ||
Mausoleums and Memorial Parks | 1 / 150 internment plots plus 1/ 350 ft. GFA | ||
Offices | General Office | 1/375 sq.ft.GFA | |
Medical Office Building | 1/200 sq. ft. GFA | ||
Overnight Accommodations | Hotels and Motels | 1/guest room up to 100 rooms + 1/ 2 rooms over 100 rooms 1/300 sq. ft. of banquet or meeting space areas | |
Bed & Breakfasts | 2 + 1/guest room | ||
Personal Services | All | 1/300 sq. ft. GFA | |
Retail Sales and Service | Shopping Centers > 50,000 ft | 1/300 sq/ ft. GFA | |
Furniture Store | 1/500 sq. ft. sales and display area + 1/1000 sq. ft. for storage or warehouse areas | ||
All other Retail Sales and Service | 1/ 300 sq. ft. sales and display area + 1/1000 sq. ft. storage areas | Drive through stacking requirements apply | |
Sports & Recreation | Indoor (all uses except as noted below) | 1/300 sq. ft. GFA | |
Firing Ranges | 1/firing point | ||
Outdoor (all uses except as noted below) | 1/300 sq. ft. activity area | ||
Stadiums | 1/5 seats | ||
Self-Service Storage | All | 1/250 sq. ft. GFA office space | |
Vehicle Sales and Service | Self-service car wash | 1/service bay | Stacking requirements apply |
Auto service facilities | 3/bay + 1/tow truck | ||
Vehicle sales, rental or leasing facilities | 1/600 of enclosed floor area, + 1/2000 sq. ft. outside display area | ||
Industrial Uses | |||
Manufacturing and industrial uses | All | 1/1,000 sq. ft. GFA | |
Warehouse and Freight Movement | Warehouse and truck transfer | .1/2000 sq. ft. for indoor and outdoor storage areas + 1/250 sq. ft. interior office | |
Wholesale Trade | Wholesale facility | 2 spaces +1/ each additional 500 sq. ft. floor area >1,000 sq. ft. | |
(Ord. NO. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-8, 1/26/11) (Ord. No. 0-2011-45, 6/8/11) (Ord. No. 0-2014-113; 12/10/14) (Ord. No. 0-2024-68; 7/24/24)
Sec. 10-361. Off-Site Parking Allowance
a. Location
1. If off-street parking spaces required by this code cannot be reasonably provided on the same lot on which the principal use is located, parking spaces may be provided elsewhere if approved by the planning director. In any case, all required parking spaces must be within 1,000 feet of the principal use served.
2. The 1,000 foot maximum distance is to be measured from the nearest point of the lot or tract which is the location of the off-site parking spaces, to the nearest point of the lot or tract which is the location of the principal use. (Ord. No.0-2013-16; 2/27/13)
b. Off-Site Parking Arrangements
Off-site parking will normally not be approved by the planning director for commercial purposes except under circumstances of hardship. No off-site parking may be located on the same lot as a residential dwelling. All requests for approval of an off-site parking arrangement
must be submitted in writing and must include the following:
1. A written statement by the owner(s) of the entire land area to be included within the parking plan, and by the owner(s) of all structures on the land, agreeing to all of the provisions of the plan.
2. Sufficient evidence to establish to the satisfaction of the planning director that those individuals requesting approval are the owners of the designated land and structures.
3. The location and size of the principal use(s) or structure(s) for which off- site, off-street parking is required.
4. A detailed sketch plan indicating pedestrian circulation routes between the principal use and the off-site parking lot or area that shows existing and proposed improvements to sidewalks, crosswalks, crossing signals, and pedestrian and vehicular access points at the off-site parking location.
5. The location and layout of the required off-street parking spaces and their relative location and distance from the principal use served.
6. A permanent and irrevocable easement, unless revocation approved by the city, covering the off-site parking spaces in favor of the principal use to be benefited thereby, must be dedicated and recorded as a condition of approval.
c. Review, Approval, and Amendment
1. The planning director will consider such requests and either approve or disapprove the off-site parking plan. Plan approval may establish necessary conditions and limitations.
2. All off-site parking plans which have been approved by the planning director will be binding upon the owner(s) of the land and structures included in the plan, and their successors, and will control all permits and certificates, and the use and occupancy of the designated land area and structures.
3. Off-site parking plans may be amended or withdrawn through the same approval process. The easement which conveys the right to use the off-site parking may be revoked only if both parties and the city agree that the need for the off-site parking no longer exists or that another source of off-street parking has been secured by the principal use.
Sec. 10-362. Shared Parking Arrangements
a. Description
Shared parking represents an arrangement in which two or more nonresidential uses with different peak parking periods (hours of operation) use the same off-street parking spaces to meet their off-street parking requirements.
b. Authorization and Criteria
1. The Planning Director is authorized to approve an alternative compliance parking plan allowing shared parking arrangements for nonresidential uses with different hours of operation.
2. The Planning Director may permit up to 100 percent of the parking required for one use to be supplied by the off-street parking spaces provided for another use if the Planning Director determines that the various activities will have peak parking demands at different periods of the day or week.
3. In order to approve an alternative compliance parking plan for shared parking, the Planning Director must find, based on competent evidence provided by the applicant, that that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.
4. A request for approval of a shared parking arrangement must be accompanied by such information determined by the Planning Director as necessary to evaluate the peak parking demand characteristics or difference in hours and/or days of operation, including, but not limited to, a description of the uses, the space occupied by each use, and their operational characteristics, a site plan, nearest transit stop, and a parking study prepared by a licensed professional traffic engineer or equivalent qualified professional which justifies the reduction in parking requested. (Ord. No. 0-2018-83; 10/24/18)
c. Location of Shared Parking Facility
A use for which an application is being made for shared parking is proposed must be located within 1,000 feet walking distance of the shared parking, measured from the entrance of the use to the nearest parking space within the shared parking lot.
d. Agreement
An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the Planning Director, in a form approved by the City Attorney and recorded at the Smith County Land Records office by the applicant. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. (Ord. No. 0-2018-83; 10/24/18)
e. Shared Parking at Schools and Places of Worship
A facility or use located within 1,000 feet of the property line of a school or place of worship (measured by a straight line from the nearest points), may use the parking lot of such use to provide a maximum of 25 percent of its required off-street parking provided the operating schedules of the facility and the school or place of worship do not conflict.
Sec. 10-363. Recreational Vehicle Parking & Storage
The long-term parking or storage of any large recreational or other special vehicle, as defined in this section, in any residentially zoned district, must meet the following requirements:
a. Vehicle Measurement and Description
1. The length of a vehicle will be measured to include the trailer tongue and other connections, and any overhang of the vehicle or trailer, including the item(s) being transported on the trailer.
2. A large recreational or special vehicle is any camper, travel trailer or other trailer (including boats, autos, or any other item stored thereon), designed to be towed on public streets and which exceeds 22 feet in length; or any motor home, coach, bus or other self-propelled vehicle which exceeds 22 feet in length; or a truck-tractor (without trailer).
3. A truck-tractor is a vehicle designed and used primarily for drawing other vehicles and not so as to carry a load other than a part of the weight and load so drawn.
4. Commercial or heavy vehicles otherwise prohibited in residential areas will not be considered a large recreational or special vehicle for the purposes of this section (Ord. 0-2000-52, 7/26/00)
b. Vehicle Storage
Storage is defined as the continuous parking of the vehicle for 48 hours or longer.
c. Recreation Vehicle Parking and Storage
1. Only one large recreational vehicle, which is defined as a self-propelled vehicle or other vehicle designed to be towed on public streets and which exceeds 22 feet in length, may be stored per lot.
2. All large recreational vehicles parked or stored in a residentially zoned district must meet the following requirements.
3. A large recreational vehicle:
(a) may not be stored on required off-street parking.
(b) may not extend over a public easement or right-of-way.
(c) may not be used for housekeeping, living, or sleeping quarters.
(d) must be maintained in an operable condition.
(e) must be secured with wheel stops or maintained so as not to present a safety problem to the neighborhoods in which the vehicle is parked.
(f) must be stored on an improved driveway or improved parking surface such as concrete, asphalt, paving stones, or brick. Gravel or crushed rock may be used in the side and rear yards, but not in the front yard. The parking surface must be continuous from a driveway or accessible from a rear alley.
(g) must be stored behind the rear building line of the principal building.
(h) Recreational vehicles stored in the side yard or rear yard behind the front building line must be screened from view from adjacent lots and side streets.
4. All large recreational vehicles parked in residential areas must have a valid federal or state license and registration if required.
5. On a residential lot, all self-propelled vehicles not defined as a large recreational vehicle must be parked on an improved surface. (ORD. 0-97-62, 12/10/97)
Sec. 10-364. Commercial Vehicle Parking in Residential Areas
a. All Residential Districts
1. Commercial vehicles larger than 22 feet in length, 7.5 feet in height, and weighing more than 4 tons (8,000 lbs.) may be not parked overnight in any residential district on public streets, private driveway, or other improved surface. (Ord. No. 0-2017-69; 8/23/17)
2. The following exceptions apply to the parking of commercial vehicles that exceed the maximum permissible size described in subsection a:
(a) Vehicles temporarily parked on or in front of a residential lot while loading, unloading, or rendering a service.
(b) If the principal use of the lot is other than residential (such as a church or office) and the vehicle is directly related to that use.
(c) Vehicles that are temporarily parked, weekdays between 9:00 a.m. and 3:00 p.m., off the street and on premises owned or occupied by the driver of the vehicle.
(d) Properly licensed and plated vehicles designed or used for accommodating the needs of disabled occupants of the site, which exceed the height limitations.
(e) Trailers otherwise restricted by this section may be parked or stored on a site when housed within a garage.
b. Mixed-use Districts
1. Light- and medium-weight commercial vehicles are permitted without screening in the Planned Mixed Use District 1 (PMXD-1) and Planned Mixed Use District 2 (PMXD-2) where residential and nonresidential uses are vertically integrated in the same building.
2. In mixed-use districts where the residential uses are separated from the nonresidential uses, light- and medium-weight commercial vehicles are only be permitted in accordance with the standards of subsection a above.
3. This section should not be construed as to prevent the temporary parking of emergency vehicles, delivery trucks, moving vans, and similar vehicles used for delivery of goods and services nor the parking of commercial vehicles at an active job site or staging area.
Sec. 10-370. General
All parking facilities subject to the requirements of this code must also be in accordance with the Americans with Disabilities Act and the Texas Accessibility Standards set forth by the Texas Department of Licensing and Regulation and available online at www.license.state.tx.us/ab/tas/abtas.htm#1.3. Any applicant for a development subject to Article VI, Division E, Off-Street Parking and Loading in this code is also responsible for meeting the requirements of the Texas Accessibility Standards.
Sec. 10-376. Unattended Motor Vehicles
It is unlawful to park and leave unattended, upon any private street, or upon any off-street public or private property used for parking and accessible to the public, a motor vehicle with the engine running or that has the key in the ignition, with the following exceptions:
a. The unattended vehicle is parked in a private, single-family, residential driveway; or
b. The unattended vehicle is rendered un-drivable by an anti-theft device with no key in the ignition.
(Ord. No. 0-2004-41; 5/26/04) (Ord. No. 0-2008-48: 04/23/08 [Exh.A])
Sec. 10-380. Surfacing
a. All portions of access driveways or public right-of-ways connected to paved streets for which the grade has been established must comply with the city's driveway requirements in Article V, Division D, on file with the development services engineer.
b. Parking spaces and loading areas must be graded for proper drainage and provided with an all-weather surface such as asphalt, concrete, brick or as approved by the development services engineer.
c. Maximum Pavement Area
In all residential districts developed for single-family or two-family occupancy, pavement in the front yard may not exceed 55 percent of the area between the property line and the building face.
d. In all zones, vehicles must be parked on an improved surface. (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-381. Separation from Public Right-of-Way
All off-street parking spaces and the public right-of-way of a street, without a minimum eight inch high curb, must be separated by a six inch high concrete header curb, bumper or landscape timbers. All parking spaces must be designed so that vehicles do not overhang public sidewalks or adjacent private property.
Sec. 10-382. Lighting
Lighting of off-street parking spaces and loading areas must conform to Article VI, Division J, regarding outdoor lighting and must not create a traffic hazard for traffic or a nuisance to adjoining properties.
Sec. 10-383. Clearance
a. A vertical clearance free of all obstructions to a height of eight feet is required for all portions of any off-street parking space, except when off-street parking spaces are provided in a parking garage structure, a residential garage, or carport.
b. No obstruction within or near the bounds of any required off-street parking space must interfere with the normal use of the parking space.
Sec. 10-384. Residential Parking Design
A single-family or two-family (duplex) residential structure may use a paved driveway to fulfill the minimum parking requirements of this section. The residential driveway must conform to the driveway design requirements of the driveway ordinance.
Sec. 10-385. Multifamily and Nonresidential Parking Design
a. Off-street parking areas must be designed to provide systematic and orderly circulation, traffic separation, and parking spaces in accordance with this Section and with sound traffic engineering practices. Each parking space or loading area must be usable and readily accessible without the need to drive over another space.
b. Required off-street parking spaces and loading areas must be provided with designated entrances and exits located so as to minimize traffic congestion and avoid undue interference with public use of streets, alleys, and walkways. Parking lots are to be connected so it is not necessary to drive on public streets to access parking lots for the same site.
Sec. 10-386. Parking Requirements for Private Centers
For the purpose of this section, the term “private center” includes shopping centers, office parks, industrial parks, medical centers, apartment complexes, and business establishment.
a. Authority and Applicability
The owner or operator of a private center will have authority to display and/or designate the following:
1. Appropriate signs and markings which have been approved by the traffic engineer indicating the parking time limit which, the areas in which parking is permitted or prohibited, and the times when parking of vehicles is prohibited
2. Time limits, parking bans, parking spaces and no parking areas;
b. Approval Required
Subsection A is not effective until the owner or operator of a private center submits a parking plan to the traffic engineer for review and has received approval. Amendments to the private center parking plan must be submitted and reviewed in the same manner.
c. Erection and Content of Signs
The owner or operator of a private center is authorized to erect suitable signs of uniform size and design upon approval of the traffic engineer, which must be placed in parking areas advising the public of limited conditions of parking. A sign must be erected with the words painted thereon in legible red or green lettering setting out that parking in this area is limited to customers for the times indicated by signs, or as otherwise prohibited, as provided by subsections a. through c. of this section.
d. Pavement Marking
The owner or operator of a private center must mark off by painting on the parking area the most suitable manner in which cars may be parked, either 90 degree or angled parking.
e. Presumption of Registered Owner
The registered owner of any vehicle found in violation of rules displayed on signs posted pursuant to this code will be presumed to be the person who illegally parked the vehicle. A vehicle parked on the parking lot of the private center must be parked within the lines so marked.
f. Enforcement
1. The owner or operator of a parking area in a private center will have a responsibility to report such parking violations to police department personnel or other persons approved and authorized to enforce parking laws by the city council. Within this subsection, "owner" or "operator" means an individual, association, or corporation who has title to or possession of any such parking area, or a greater right to possession of any such parking area than one who violates thereon any provision of this section, including but not limited to any lessee or tenant of one holding such title.
2. Police department personnel or other persons so authorized by the city council will have and possess full and complete authority to enforce the provisions of this section and to issue parking citations to any vehicle which is parked in contradiction to the signs posted. (Ord. No. O-2000-68, 9-6-00)
g. Fire Lane
Fire lanes in private centers must be designated by the fire marshal and governed by Chapter 17 of the Tyler City Code.
Sec. 10-387. Off-Street Loading Requirements
a. All commercial and industrial structures must provide and maintain off-street facilities or areas for loading and unloading of merchandise and goods within the building or on the lot.
b. Where such loading facilities or areas are located adjacent to a residentially zoned district, or located across a street no wider than two lanes from a residential district, the loading area, space, or berth must be enclosed on three sides.
c. The minimum number of off-street loading facilities, areas, spaces, or berths must be provided in accordance with this section. The following schedules will be used to calculate the minimum number of loading spaces required for the uses listed.
d. Day Care and School Loading Requirements
1. Child day care centers, kindergartens, day schools and similar child care and training establishments, must provide loading and unloading space on an approved private driveway, off-street, sufficient in length to accommodate one motor vehicle per 10 children or students being cared for or enrolled at the establishment. (Ord. No. 0-2014-97; 10/22/14)
2. Loading and unloading spaces will not be required when the day care or school is located within:
(a) An office building as an accessory use provided as a service to employees or customers;
(b) A single-occupancy building as an accessory use provided as a service to its employees or customers;
(c) A shopping mall; or
(d) A religious institution with adequate off-street parking spaces.
Sec. 10-388. Loading Docks Adjacent to Residential Areas
Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a residentially zoned district, must be designed and constructed so that the loading operation is visually screened, in order to reduce the effects of the noise of the operation on adjacent residences.
Sec. 10-389. Drive-Through Stacking Requirements
a. Purpose
These regulations are intended to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on nearby residential uses.
b. Applicability
1. The regulations of this section apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility.
2. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities.
3. Any use in any district that has drive-through lanes and windows must provide sufficient space on site for vehicles to queue while customers is being served, placing an order, or waiting to place an order or to receive service.
c. Parts of a Drive-Through Facility
A drive-through facility is composed of two parts:
1. The stacking lanes, the space occupied by vehicles queuing for the service to be provided; and
2. The service area, where the first point of service occurs. The following activities are considered points of service: menu boards, service windows, gas pumps, air compressors, vacuum cleaner stations.
d. Setbacks and Landscaping
1. Service points and stacking lanes on lots abutting RE, R-1A, R-1B, R-1C, R-1D, R-2, PUR, and PXR-zoning districts must be set back at least 80 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322. (Ord. No. 0-2014-97; 10/22/14)
2. Service points and stacking lanes on lots abutting office and mixed-use zoning districts must be set back at least 30 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322.
3. If the service points and stacking lanes are within 50 feet of and visible from the roadway, they must be set back at least 20 feet from the right-of-way and landscaped in accordance with the bufferyard planting standards of Article VI, Division B.
e. Exceptions
A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.
f. Site Plan Required
The development site plan must show the location and dimensions of the following:
1. Driveways;
2. Stacking lane, including lane markings;
3. Drive aisle between stacking land and on-site parking areas;
4. Service points (including menu boards and service windows);
5. Associated facilities (including communications systems and access aisles);
6. Adjacent residential uses.
g. Stacking Lane Design and Layout
1. Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation.
2. Stacking spaces must be nine feet wide by 20 feet long.
3. All stacking lanes must be clearly identified, through such means as striping, landscaping, pavement design, and signs.
4. Stacking starts at first stopping point.
5. Layout must provide for a minimum nine feet wide escape lane allowing motorists to exit the stacking lane before reaching the drive-thru window. (Ord. No. 0-2010-119; 11/10/10)
 |  |
Example Layouts
6. Stacking spaces necessary for the provisions of drive-through lanes shall be determined using the following table:
Type of Facility | Inbound Vehicles | Outbound Vehicles |
Type of Facility | Inbound Vehicles | Outbound Vehicles |
Drive-in bank | 2 spaces per service position | 1 space per service position |
Drive-in beverage, food sales / pharmacies | 4 spaces per service position | 1 space per service position |
Laundry / Cleaners | 3 spaces per service position | 1 space per service position |
Attendant car wash | 10 spaces per service to wash line | 6 spaces between end of wash stall and other circulation lane |
Automatic car wash | 3 spaces per service position | 1 spaces per service position |
Automatic car wash as an accessory use | 2 spaces per service position | 1 spaces per service position |
Service station | 4 spaces per aisle | 1 space per aisle |
Gatehouse (residential) | <50 lots = one space per ten lots; > 50 lots = five spaces | 1 space |
(Ord. No. 0-2010-119, 11/11/10) (Ord. No. 0-2016-76; 08/24/16)
h. Noise
Speakers associated with drive-through facilities may not be audible from abutting residential zones or any abutting lots occupied by residential uses. Sound attenuation walls, landscaping or other buffering measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses.
i. Interpretation and Appeal
If questions of interpretation or the application of the requirements of this division to a particular land use or occupancy of a structure arise, the planning director in coordination with the development services engineer must, based on findings of fact, make a determination of the off-street parking, loading, or access requirements. A property owner if not satisfied with the director's determination, may appeal such determination to the zoning board of adjustment under the variance procedure.
Sec. 10-400. Purpose
The purpose of this section is to regulate signs and billboards in the City of Tyler according to the provisions of this chapter for the following purposes:
a. To protect property values;
b. To preserve the beauty and unique character of the community and the surrounding area;
c. To implement the goals and objectives of the Tyler 1st Comprehensive Plan related to the function, design, and appearance of commercial areas, gateways to the city, highways and arterial roadway corridors, and commercial corridors; (Ord. No. 0-2014-33; 4/23/14)
d. Are maintained properly to avoid creating safety risks due to abandonment, collapse, decay, deterioration, and fire;
e. Enhance the appearance of the city by avoiding clutter and by not interfering with scenic views or character of certain city areas; (Ord. No. 0-2024-68; 7/24/24)
f. To promote and aid in the tourist industry which is of significant importance to the local economy;
g. To protect the public from damage and injury that may be caused by the uncontrolled location and faulty construction of signs;
h. To protect pedestrians and motorists from damage and injury caused or partially attributable to the distractions, obstructions and visual clutter which are the result of improperly situated signs; and
i. To promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic.
Sec. 10-401. General Sign Regulations
a. The regulations governing the size, height, number, location, and placement of signs herein are calculated to ensure that all private, public, institutional, commercial, and industrial facilities located in the city have the right to display adequate signs consistent with the need to identify the facility, advertise the location, and indicate services and products available on the premises.
b. Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. (Ord. No. 0-2016-76; 08/24/16)
c. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Division is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Division. (Ord. No. 0-2016-76; 08/24/16).
d. Except where noted: in this section, all signs erected within the city will be subject to the following general requirements:
1. Signs are permitted within zoned districts in a manner specifically authorized by this section.
2. In order to erect signs or display advertising permanently outdoors legally, a permit must be first obtained from the building official, except where noted. In the case of temporary signs or special promotional advertising, a temporary use permit (TUP) is required as per Article IX, Division B.
3. Electric signs, section signs, and outline lighting must be erected or installed by a State Licensed Electrical Sign Contractor. The company's municipal registration to erect signs with the city shall be filed with the City of Tyler Development Services Department. Additionally, a sign contractor who erects or installs electric signs, section signs or outline lighting must have a valid Master Electrician's license or a Master Sign Electrician's license on staff to perform work on any electric sign. All electrical signs and outline lighting shall be listed and installed according to the City adopted building codes. (Ord. No. 0-2010-119, 11/10/10)
4. No sign base or support structure of any sign type is allowed in the public right of way in any zoning district.
5. Multi-tenant signs, in accordance with the an approved Master Signage Plan, may utilize one roof sign constructed of individually cut lettering and/or graphics without backing panel per frontage in lieu of allowable freestanding signage provided that the sign does not exceed ten percent of the width of the overall building façade and protrude four feet above the midpoint of the principal roof line of a pitched roof or the top of a mansard roof or flat roof for any building or structure. Roof signs shall otherwise be prohibited. Facade signs shall be allowed for each tenant that has a direct, outside entrance or storefront. Sign placement is limited to the extent of the bay or storefront. (Ord. No. 0-2016-76; 08/24/16)
6. Permanent signs and other forms of outdoor advertising may not be located in or permited to project into the public right-of-way, except as provided in this section. (Ord. No. 0-2010-20, 3/10/10)
7. Each sign base or support must be erected on private property and not public right-of-way.
8. Signs that are historically designated shall not be counted towards maximum sign allowance.
e. e.Advertisement will be allowed on the windows of Tyler Transit vehicles subject to approval by the City of Tyler and Tyler Transit.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/2011) (Ord. No. 0-2016-76; 08/24/16) (Ord. No. 0-2019-62; 8/14/19)
Sec. 10-402. Exempt Signs
The following signs are exempt from regulation under this code:
a. Any public notice, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
b. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;
c. Works of art that do not include a commercial message;
d. Holiday lights and decorations with no commercial message, except in multi-family and non-residential districts;
e. Decorative landscape lighting only;
f. Traffic control signs on private property, such as Stop, Yield, and similar signs that meet U.S. DOT or TXDOT standards;
g. Address and postbox numerals conforming to incidental sign regulations;
h. Government signs erected by the city, county, state, or federal government in furtherance of their governmental responsibility;
i. Legal notices;
j. Memorial signs or tablets and building markers displayed on public or private buildings and tablets or headstones in cemeteries; and
k. Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-403. Prohibited Signs
All signs not expressly permitted under this code or exempt from regulation hereunder in accordance with the previous section are prohibited in the city. Such signs include, but are not limited to:
a. Beacons;
b. Portable signs;
c. Inflatable signs and balloons, if located within a multi-family or non-residential district;
d. Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs;
e. Signs, temporary or otherwise, affixed to a tree or utility pole;
f. Signs violating the "sight triangle" provisions (see Sec. 10-218);
g. Off premise advertising signs, except as expressly permitted in this Section;
h. Three-dimensional or statuary signs;
i. Streamers; and
j. Snipe signs.
(Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2010-119; 11/10/10)
Sec. 10-404. Sign Measurements
The following principles will control the computation of sign area and sign height:
a. Computation of Area of Single-Faced Signs
The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) will be computed as the area of the smallest square, circle, rectangle, or triangle in a horizontal plane that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the requirements of this code and is clearly incidental to the display itself.
b. Computation of Area of Multi-Faced Signs
The sign area for a sign with more than one face will be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are substantially similar, and when such sign faces are part of the same sign structure the sign area will be computed by the measurement of one of the faces.
c. Computation of Height
The height of a sign will be computed as the mean distance from the base(s) of the sign at normal grade to the top of the highest attached component of the sign. Normal grade will be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
d. Computation of Maximum Total Permitted Sign Area
The permitted sum of the area of all individual signs must be computed by applying the zoning district formulae contained in sections 10-408 and 10-409 for maximum area per sign, to the lot frontage, building frontage, or wall area, as appropriate. Lots fronting on two or more streets are allowed to calculate both street frontages into the allowable allocation to be identified by the master signage plan.
e. Computation of Maximum Number of Signs
Pursuant to the tables in sections 10-408 and 10-409 each lot is allocated the maximum number of signs allowed per district. Where indicated, additional signs beyond the identified allowance will be determined by the linear frontage of the lot. (Ord. No. 0-2010-119; 11/10/10)
Sec. 10-405. Sign Lighting
a. Illumination of all outdoor signs and advertising of permanent or temporary duration, must be accomplished by means of indirect light. Illumination of any type may not be animated, chasing, or flashing.
b. When any sign is illuminated, the light(s) must be properly installed, shaded, or concealed, so that the light emitted will illuminate the sign face and will not interfere with the vision of motorists nor shine directly onto residentially zoned property or abutting residential uses.
Sec. 10-406. Sign Construction and Maintenance Standards
All signs must be designed, constructed, and maintained in accordance with the following standards:
a. All signs must comply with applicable provisions of the Tyler City Code at all times.
b. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this code, all signs must be constructed of durable materials and must be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
c. All signs must be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times.
d. All signs must maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically, or as may otherwise be required by the utility provider. Any relocation of power lines to provide this clearance will be at the expense of the sign owner or as otherwise required by the electrical utility.
e. Any spotlights allowed to illuminate signs or sign illumination must be shielded such that their light source cannot be seen from abutting roads or properties.
Sec. 10-407. Abandoned Signs
a. The city may consider a sign abandoned and cancel the permit or refuse to renew the permit if:
1. a structure is without advertising matter or displays obsolete advertising matter for a period of 365 consecutive days;
2. in the opinion of the building official the sign has fallen into disrepair, become dilapidated, faded to the point of being illegible, or become overgrown by trees or other vegetation; or
3. the permit renewal fees have not been paid in accordance with this subchapter, after demand by the department.
b. The payment of property taxes or retention of the sign as a balance sheet asset will not be considered in determining whether the sign permit should be canceled.
c. A nonconforming sign may not be replaced or rehabilitated without being brought into conformance with the requirements of this section.
d. A sign that has been determined to be abandoned by a building official or code enforcement officer but is otherwise in conformance with this section may be replaced or rehabilitated in adherence to the requirements of this section.
e. Signs eligible for an historic sign designation are not subject to this section. (Ord. No. 0-2010-119; 11/10/10)
Sec. 10-408. Sign Standards in Residential Districts
Sign Type district/use | Max. Number | Max. Area (sq. ft.) or Max Width (ft.) | Max. Height (feet) | Minimum Setback | Additional Requirements |
Sign Type district/use | Max. Number | Max. Area (sq. ft.) or Max Width (ft.) | Max. Height (feet) | Minimum Setback | Additional Requirements |
PERMANENT SIGNS | |||||
Wall Sign / Façade Sign | |||||
Single-Family and Two-Family Districts | 1 | 1 | Permit/license/bond not required. Sign may be substituted with freestanding sign of same size with a maximum height of 6 feet and minimum setback of 5 feet. (Ord. No. 0-2016-76;08/24/16) | ||
Freestanding Sign | |||||
Residential development entry sign in all residential districts | 2 | 100 | 8 | 5 | |
R-MF and PMF districts | 1/ frontage | 32 | 10 | 2 | May be substituted with façade sign of same size with a maximum projection of 1.5 feet, or combination thereof. Planned developments must comply with approved Site Development Plan. (Ord. No. 0-2023-29; 4/26/23) |
Properties developed with Public/Civic uses in all Residential | 1/frontage | 32 | 8 | 5 | May be substituted with facade sign of same size per street frontage, or combination thereof; for included uses see Sec. 10-48. |
Electronic message center (EMC), Institutional uses, for properties with Public/Civic uses in all residential districts. | l | 24 | 8 | 5 | See Sec. 10-415 For included uses see Sec. 10-48. (Ord No. 0-2009-100, 9/23/09) (Ord No. 0-2016-76; 8/24/16) |
Directional signs | |||||
Multi-family developments | 1/entrance | 8 | 6 | 2 | Company logo or insignia limited to two square feet of sign. May be substituted with a wall sign of the same size. (Ord. No. 0-2015-67; 6/24/15) |
Flags | |||||
In all residential districts | 3 | 24 | 35 | See Sec. 10-411 | |
Temporary Signs | |||||
R-MF and PMF | 1 /frontage | 50 | 6 | 5 | See Sec. 10-416. One banner is allowed per lot, per street frontage. If the lot has more than 500 feet of frontage, one banner per 500 feet of frontage may be displayed on the same lot (Ord No. 0-2016-76; 8/24/16) |
Banners for properties participating in charitable and humanitarian events | 50 | 6 | Planning director to determine number. See Sec. 10-416. (Ord. No. 0-2016-76; 8/24/16) | ||
Developments under construction in all residential districts | 1/ frontage | 100 | 25 | 5 | Displayed only during construction phase; additional sign per 30 acres to be removed upon completion of project. (Ord. No. 0-2016-76; 8/24/16) |
Properties for sale or lease in single-family and two-family districts | 1/ frontage | 6 | 3 | 2 | (Ord. No. 0-2016-76; 8/24/16) |
Properties for sale or lease in multi-family districts | 1/frontage | 32 | 15 | 2 | Developments of 10 acres or more are allowed one 64 SF sign per 500 ft. of frontage. (Ord No. 0-2016-76; 8/24/16) |
(Ord. No. 0-2010-20, 3/10/10)(Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2012-38, 4/25/12)(Ord. No. 0-2015-67; 6/24/15) (Ord. No. 0-2016-76; 8/24/16) (Ord. No. 0-2023-29; 4/26/23)
Sec. 10-409. Sign Standards in Nonresidential Districts
Sign Type district/use | Max. Number | Max. Area (sq. ft.) | Max. Height (feet) | Max. Projection or Min. Setback (ft) | Additional Requirements | |
Sign Type district/use | Max. Number | Max. Area (sq. ft.) | Max. Height (feet) | Max. Projection or Min. Setback (ft) | Additional Requirements | |
PERMANENT SIGNS | ||||||
Wall Sign / Façade Sign | Projection | |||||
RPO district | 1/business or tenant | 16 | 1 | Max. aggregate gross sign area; 48 sq. ft.; when total floor area exceeds 7,500 sq. ft., 1 additional 32 sq. ft. business directory sign is allowed. | ||
All uses in PCD, PMXD-1 and PMXD-2 districts | 1/500’ of frontage or fraction thereof | 100 | 1.5 | Base zone standards apply; can be modified w/ approved Site Development Plan. In no case shall a sign be allowed to exceed the sign standards for C-2.
(Ord. No. 0-2011-45, 6/8/11) | ||
C-1 district | ||||||
100-1999 sq. ft. in façade area | 1 / façade | 100 | 1.5 | |||
2000+ sq. ft. in façade area | 1 / façade | 9% of façade | 1.5 | Additional 3% of façade area may be used for ancillary signs. | ||
INT, OSP, C-2, DBAC, and M-1 and M-2 districts | 1 / façade | |||||
100-1999 sq. ft. in facade area | 1/ façade | 100 | na | 1.5 | Min. clearance 8 ft. above first floor ground level. | |
2000+ sq. ft. in façade area | 1/ façade | 9% of façade | na | 1.5 | Additional 3% of façade area may be used for ancillary signs. | |
On lower two floors of multi-story building | 100 | 4 | Tenant must have a direct, outside entrance or storefront. No letter, insignia, or symbol may exceed 48” in height. | |||
On upper floor of façade | 1 | 9% of façade above the first floor | 4 | No letter, insignia, or symbol may exceed 48" in height. See Sec. 10-410, (Ord. No. 0-2012-83, 10/10/12) (Ord. No. 0-2016-76; 8/24/16) | ||
Awning Signs In all commercial, institutional, office, and manufacturing districts | 1/ frontage | 6 | Max 4 ft. projection from wall | See Sec. 00-414 | ||
Projecting Signs (includes blade signs) INT, C-1, C-2, PCD, M-1, and M-2 districts | 1/ tenant | 24 | 4 | See chart | Vertical Clearance | Max Projection |
<7 ft.
| 3”
| |||||
7-8 ft.
| 12”
| |||||
>8 ft.
| 4’
| |||||
Projecting Signs (includes blade signs) In PMXD-1. PMXD-2, and DBAC districts | 1/ frontage | 48 | 15 | See chart | ||
Electronic message center (EMC) on marquee, DBAC
| 1/ marquee face | 40 | n/a | n/a
| Requires Special Use Permit; DBAC properties within the downtown planning area defined in the Comprehensive Plan See Sec. 10-415 (Ord. No. 0-2013-41; 5/22/13) | |
Projected Image Sign in DBAC | 1/facade | 80% | n/a | n/a | Requires Special Use Permit, See Sec. 10-419 | |
Roof Sign
| 1/frontage
| 10% of building projection
| 4
| Must be in compliance with a Master Sign Plan; In lieu of freestanding sign, freestanding sign allowance must be from same elevation; Constructed of individually cut lettering and/or graphics without backing panel.
| ||
Interstate Higway Signs | Setback | |||||
C-1, C-2, PCD, PMXD-1, PMXD-2 | 1/lot | 400 | 150 | 5 | only for properties at least one acre in size and within 660 feet of Interstate Highway right-of-way. (Ord. No. 0-2019-62; 8/14/19) | |
Freestanding Signs | Setback | |||||
AG and AR District | 1/frontage | 8 | 8 | 5 | ||
All uses in RPO district | 1/ frontage | 32 | 25 | 5 | ||
All uses in PCD, PMXD-1, and PMXD-2 districts | 1/ frontage | 200 | 35 | 5 | Consistent with approved base zoning and Site Development Plan | |
Development signs, C-1, C-2, DBAC, PCD, PMXD-1, PMXD-2, M-1, and M-2 districts | 1/ thoroughfare with direct access | 300 | 35 | 5 | Applies to developments of 10 to 50 acres or more
(Ord. No. 0-2012-83, 10/10/12) | |
Developments with drive-thru lines in C-1, C-2, DBAC, PCD, PMXD-1, PMXD-2, M-1, and M-2 district | 2/per drive-thru line per business | 32 | 6 | 8 | Must be spaced at least 10' from any other sign. (Ord. No. 0-2016-76; 8/24/16) | |
Electronic message center (EMC), C-1 district | 1/ lot | 32 | 8 | 5 | Additional allowance based on established thoroughfare speed See Sec. 10-415 (Ord. No. 0-2013-41; 5/22/13) | |
Electronic message center (EMC), C-2, DBAC, PCD, PMXD-1, PMXD-2, M-1, and M-2 district | 1/ lot | 64 | 8 | 5 | See Sec. 10-415 | |
Electronic message center (EMC) properties developed with Public/Civic uses in INT | 1 / lot | 24 | 8 | 5 | Additional allowance based on established thoroughfare speed. See Sec. 10-415 (Ord. No. 0-2013-41; 5/22/13) For included uses see Sec. 10-49 (Ord. 0-2009-100, 9-23-09) (Ord No. 0-2016-76; 8/24/16) | |
Major Development signs, C-1, DBAC, PCD, PMXD-1, PMXD-2, M-1 and M-2 Districts | 1/thoroughfare with direct access | 500 | 50 | 5 | Applies to Developments of 50 acres or more
(Ord. No. 0-2012-83; 10/10/12) | |
All other uses in INT, OSP, C-1, C-2, DBAC, M-1, and M-2 district
(Ord. No. 0-2011-45, 6/8/11) | 1/ frontage | 100 | 35 | 5 | Signs up to 10 feet in height must have a setback of at least 2 feet; signs between 10 feet and 35 feet in height must have a setback of at least five feet. (Ord No. 0-2016-76; 8/24/16) Additional signage for multiple tenants: 2 sq. ft. per 10 ft. of frontage, up to 200 sq. ft. when district allows building height >35ft., sign may be affixed at allowed building height. 1 reader board sign allowed per lot, up to 32 sq. ft. | |
DIRECTIONAL SIGNS | ||||||
In all nonresidential districts | 1 / entrance | 8 | 6 | 2 | Company logo or insignia limited to two square feet of sign. May be substituted with a wall sign of the same size.
(Ord. No. 0-2011-45, 6/8/11)(Ord. No. 0-2015-67; 6/24/15) | |
FLAGS | ||||||
In all nonresidential districts
| 3 | 24 | 35 | 5 | See Sec. 10-411 | |
TEMPORARY SIGNS | ||||||
C-1, C-2, DBAC, PCD, PMXD-1, PMXD-2, INT, M-1, M-2 | 1/frontage | 50 | 60 | 2 | One temporary sign is allowed per lot, per street frontage. If the lot has more than 500 feet of frontage, one temporary sign per 500 feet of frontage may be displayed on the same lot. (Ord. No. 0-2016-76; 8/24/16) | |
Commercial Banners - Pole-mounted banners (displayed vertically) in C-1, C-2, DBAC, PCD, PMXD-1, PMXD-2, INT M-1 and M-2 | Set of 10 = 1 Banner | 8 | 4 | 2 | Pole-mounted banners must be placed interior to the lot See Sec. 10-416 (Ord. No. 0-2016-76; 8/24/16) | |
Banners for properties participating in charitable and humanitarian activities in all districts | 50 | 6 | Planning director to determine number See Sec. 10-416 (Ord. No. 0-2016-76; 8/24/16) | |||
Developments under construction in non-residential districts | 1/ frontage | 100 | 25 | 5 | Displayed during construction phase; additional sign per 30 acres to be removed upon completion of project (Ord. No. 0-2016-76; 8/24/16) | |
Development sign | 1/ 30 acres | 100 | 25 | 5 | Removed upon completion of project | |
Properties for sale or lease in non-residential districts | 1 per frontage | 32 | 15 | 2 | Developments of 10 acres or more allowed one 64 SF sign per 500 ft of frontage. (Ord. No. 0-2016-76; 8/24/16) | |
Sandwich board signs in DBAC | 1 | 8 | 6 | Must not obstruct pedestrian traffic | ||
BILLBOARDS | ||||||
In M-1, M-2 districts and ETJ | 1/ lot within city limits, In ETJ, subject to spacing requirements. | 672 | 35 | See Sec. 10-430(b) | See Sec. 10-430 (Ord. No. 0-2023-29; 4/26/23) | |
(Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2010-119, 11/10/10)(Ord. No. 0-2011-45, 6/8/11)(Ord. No. 0-2012-83, 10/10/12)(Ord. No. 0-2013-41; 5/22/13)(Ord. No. 0-2015-67; 6/24/15) (Ord. No. 0-2016-76; 8/24/16) (Ord. No. 0-2019-62; 8/14/19) (Ord. No. 0-2021-23; 3/24/21) (Ord. No. 0-2023-29; 4/26/23)(Ord. No. 0-2024-68; 7/24/24)
Sec. 10-410. Master Signage Plans
A master signage plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multi-tenant/multi-building development with two or more tenants, whether on a single lot or multiple lots. The sign standards of the code provide clear regulations for the permitting, design, location, construction, modification, use, maintenance, and removal of signs in the City of Tyler.
a. Applicability
A master signage plan is required for all multiple-tenant buildings, planned district developments and all multi-building or multi-occupant commercial developments.
b. General Requirements
1. The lot or lots involved must be contiguous constitute a single cohesive development.
2. The sign or signs must be located on a lot that one of the advertised businesses occupies. Alternately the property owner may secure an easement, and provide written evidence of such, from the owner or entity responsible for an adjacent property where a sign may be placed.
3. The sign must be designed in the overall architectural style of the buildings within the development.
4. The signs may be any sign type that is otherwise allowed by this code.
5. Private streets within the boundaries of the development are treated as public rights- of-way for purposes of determining allowable signage.
6. Individual pad or lease sites, defined in an approved site plan, are treated as separate lots for purposes of determining allowable signage; however, it is intended that a business will not be allowed advertising on both the multiple tenant (shared) sign and another free-standing business identification sign.
7. In addition to signage that would otherwise be allowed on a lot for business identification purposes, one additional monument sign not exceeding eight feet in height and 32 square feet in area may be located at each intersection of public roadways and/or private roadways for purposes of directing traffic to various areas and businesses within the development.
8. All other provisions of this code will be applicable to this sign category, including but not limited to, allowed number based on road frontage (multiple lot developments are treated as a single lot for this purpose), allowable size as a function of zoning district, spacing, illumination, materials, etc.
9. A wall sign displaying the name of a shopping center may be allowed for developments with less than 2,000 square feet in façade area as long as the proposed principal sign and tenants' signs do not exceed the maximum areas which all tenants with direct outdoor entrance or storefront could have individually. (Ord. No. 0-2012-83; 10/10/12)
c. Application Submittal Requirements
1. Master Application Form
2. $80 Filing Fee
3. The applicant shall provide two paper copies and one digital copy of the proposed site plan consistent with the information from the Site Development Plan Check List.
d. Review Process
A master sign plan is an administrative permit issued by the planning director. The processing of a master sign plan will involve the following steps:
1. Formal application
2. Review for completeness of application
3. Staff review
4. Final action
e. Signs Subject to the Master Sign Plan
Any sign for which a permit is required and that is part of a development for which a master sign plan has been approved must demonstrate at the time of application that such signs conform to the master sign plan.
f. Appeal
1. Per Article VIII, Division G of this code, an appeal of an administrative decision such as a master sign plan) may be filed by any person aggrieved by the administrative decision; and any officer, department, board or bureau of the city affected by the decision. The appeal is filed with the planning department and must specifically set forth all grounds for the appeal.
2. An appeal of an administrative decision must be made within 30 days after the date of the decision. Such decision will become final following expiration of the 30-day period if no appeal is filed.
3. The appeal authority for administrative decisions is the zoning board of adjustment.
(Ord. No. 0-2011-45, 6/8/11)
Sec. 10-411. Flags
Flags and flag poles are considered signs and are therefore subject to these regulations:
a. Flag poles erected in the city are limited to a maximum height of 35 feet, measured from the highest point of the pole to the ground level. Individual flag size is restricted to 24 square feet in area. A Flag and its groungd-supported staff shall be located on private property behind the property line.
b. A maximum of three flags or a maximum of three flagpoles with one flag on each flagpole may be located on a property.
c. Portable signs, advertising flags, excluding those permitted above, pennants, and other attraction gathering devices are prohibited within all zoning districts, except those allowed by the planning director through the issuance of a temporary use permit.
d. In all zoned districts, signs may not be located so as to cause a threat to the public health, safety, or welfare.
(Ord. No. 0-2010-20; 3/10/10) (Ord. No. O-2010-119; 11/10/10) (Ord. No. 0-2023-29; 4/26/23)
Sec. 10-412. Window Signs
Window signs are permitted. The total area of all window signs on any given elevation of a building may not exceed 25 percent of the window area of that elevation.
Sec. 10-413. Freestanding Joint Use Signs
a. Sign Pooling
A freestanding, joint use sign may be permitted to serve two or more tracts, each of which would otherwise be eligible for one freestanding sign. The joint use permit may authorize a larger area of a single sign utilized by all tracts than would be permitted for individual freestanding signs serving each tract. The total square footage of informational area may not exceed 80 percent of the cumulative area which could be permitted for the individual tracts served by the joint use sign. A joint use sign permit may only be granted in lieu of permits for individual freestanding signs. The total square footage in the informational area for a joint use sign may not exceed 300 square feet.
b. Joint Use Sign Permits
1. Before authorization of any joint use sign permit, the request therefore will be referred to the planning director for study and recommendation by staff concerning the effect of the proposed use on the character and development of the adjacent land uses. The planning director will decide whether to approve or deny the request.
2. The following information must accompany all joint use sign permit applications:
(a) A joint use agreement signed and acknowledged by each participating tract owner.
(b) The joint use agreement must specify the rights of each owner to use the joint use sign(s).
(c) The joint use agreement must stipulate that the rights to use the sign through each party to the agreement be set forth and the rights run with the land to the full benefit of the successors of the parties.
(d) A detailed site plan showing location, size, and architectural elevation of all proposed freestanding signs.
(e) A legal description of the area served by the joint use permit and sign and of each individual tract.
Sec. 10-414. Awning Signs
a. The copy/artwork on an awning must not exceed the area and size that is allowed for a wall sign on the wall to which it is attached. However, the total area of wall signs and awning signs on any wall must not exceed the area and size allowed for a single wall sign and must not extend more than 75 percent of the length of the awning.
b. All awnings and canopies have the potential to be signs and are therefore subject to Sign Construction and Maintenance Standards set forth in Section 10-406.
c. The entire length and height of backlit awnings in which the lighting causes the illumination of the awning, of which the length will be limited to 75 percent of the façade of the building, will be counted toward the allowed square footage of the attached sign. (Ord. No. 0-2009-70, 6/10/09) (Ord. No. 0-2013-77; 8/28/13)
Sec. 10-415. Electronic Message Center Signs
a. In addition to the standards set forth in Table, all electronic message centers (EMC) signs located in the city must adhere to the following requirements:
1. EMCs must meet all the requirements of this sign code. All EMC signs shall comply with the appropriate City sign and other regulations.
2. The maximum height of any freestanding EMC that is not attached to or part of a multi-part freestanding sign is eight feet. Where an EMC is attached to or part of a multi-part freestanding sign, the maximum sign height will be determined according to the maximum permissible height of the sign type of which the EMC is a part.
3. The maximum area of an EMC sign shall not exceed sixty-four (64) square feet, and is in addition to other sign allowances. As an EMC sign is a form of reader board, the EMC sign square footage may not be coupled with any other form of reader board.
4. Minimum separation between EMC signs is 70’, unless approved by the Planning Director based on visibility needs.
5. EMCs may be used for all or part of an on-premise sign that displays a commercial or noncommercial message. EMCs may not display off-premises commercial advertising, unless located in DBAC properties within the downtown planning area defined in the Comprehensive Plan and meeting all requirements of subsection 16. below;
6. All EMC signs shall have a minimum hold of three (3) seconds, plus one (1) second for each additional line of copy over three (3) lines. (Ord. No. 0-2010-119; 11/10/10)
7. No animation of any type, or flashing light, or "spell on" display mode is allowed on any EMC.
8. All EMC signs shall be antiglare. All EMCs must be equipped with an automatic dimmer device.
9. As measured at the property line, the maximum light emanation from an EMC sign shall be no greater than .2 footcandles.
10. No EMC signs are allowed within or facing historic districts.
11. Any malfunctioning EMC must be turned off or display a blank screen until repaired.
12. All electrical equipment used to operate or install an EMC must be UL listed.
13. All electrical power to an EMC sign must be supplied via underground carrier, inside approved conduit, and must be installed according to the city electrical requirements.
14. All EMC signs shall be kept in good operating condition and maintained with good external appearance.
15. EMC signs must not face single family zoned property consisting of the following zoning designations: RE, R-1A, R-1B, R-1C, R-1D, R-2, PXR and PUR or property used for single family regardless of zoning. Property used for institutional uses regardless of zoning may face single family zoned property or property used for single family.
(a) Property used for institutional uses regardless of zoning is allowed one EMC sign that shall not exceed 24 square feet; display must be turned off between 9:30 p.m. and 6:00 a.m., and the sign shall utilize amber light only. Signs within 50 feet of a property line of an adjacent residentially-used property are limited to amber light only. (Ord. No. 0-2016-8; 1/27/16)
(b) Where the subject property has multiple frontages, EMC signs must be placed on the frontage with the higher road classification.
16. EMC marquee signs in DBAC properties within the downtown planning area defined in the Comprehensive Plan shall be placed on a projecting marquee feature for on-premise and/or off-premise advertising and may only be permitted through a Special Use Permit approved by City Council. When considering a Special Use Permit for an EMC marquee sign, the City Council may consider the following:
(a) Sign is contextual to the architecture and/or historical image of building and DBAC district in general.
(b) Sign includes time dedicated to promoting downtown Tyler.
(c) Sign meets the intent to restore and rehabilitate historically used marquees.
(d) Sign color scheme promotes downtown sense of place.
17. EMC signs in INT and C-1 districts are permitted additional area allowances given the speed limit of the street adjacent to the sign, as shown in the following table supplied by United States Sign Council:
Speed of street adjacent to sign (MPH) | Sign Size (square feet) |
40 | 32 |
45 | 40 |
50 | 50 |
55 | 60 |
(Ord. No. 0-2013-41; 5/22/13)
b. If any non-conforming existing EMC sign is damaged so that repairs would cost as much as 60 percent of the value of the sign, the sign may be repaired only if it is brought into conformance with this ordinance. (ORD. 0-97-62, 12/10/97) (Ord. No. 0-2007-94; 7/25/07). (Ord. No. 0-2009-100, 9/23/09) (Ord. No. 0-2011-45, 6/8/11)
Sec. 10-416. Temporary Signs and Holiday Decorations
a. General Requirements
Only temporary signs listed in this section are allowed.
1. Term
Each type of temporary sign that is allowed under this section may be displayed on a property year round.
2. No Permit Required
The display of temporary signs does not require a Temporary Sign Permit (TSP) or further approval, unless otherwise stated in this Section.
3. Number
One temporary sign is allowed per lot, per street frontage. If the lot has more than 500 feet of frontage, one temporary sign per 500 feet of frontage may be displayed on the same lot.
4. Other Conditions
A temporary sign is allowed only in designated districts and is subject to all other requirements of that district.
5. Maintenance
All allowed temporary signs must be kept in good condition. Temporary signs that do not meet maintenance requirements must be removed.
6. Location
A temporary sign must be placed on the property which it is advertising and not in the public right-of-way. Pole-mounted banners on all street frontages must be setback a minimum of 60 feet from the property line to be considered interior to the lot. (Ord. No. 0-2011-45; 6/8/2011)(Ord. No. 0-2013-41; 5/22/13)
b. Temporary Sign Types
1. Commercial Banners and Coroplast Signs
Commercial banners and coroplast signs are subject to the requirements set forth in the table in Sec. 10-409 and of this section. There are two types of commercial banners:
i. Ground-mounted banners and signs:
Ground-mounted banners and signs shall be supported by two posts implanted into the ground.
Ground-mounted banners and signs shall be supported by two posts implanted into the ground.
ii. Pole-mounted banners:
Displayed vertically, mounted on two rods that extend perpendicularly to a pole. Such banners may be part of an overall exterior signage package.
iii. Wall mounted banners:
Displayed horizontally on a exterior building wall, face, or side. Wall mounted banners typically display information regarding commercial events, such as grand openings, sales, or property leasing information.
For the purposes of this section, a set or group of up to 10 pole-mounted banners will be considered a single banner. (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2018-83; 10/24/18)
2. Decorative and Noncommercial Banners
Non-Commercial banners placed on private property are limited to 50 square feet and one banner is allowed per street frontage. Banners proposed to be placed in the public right-of-way require a permit from the Planning Director and may be placed for no more than 30 consecutive days.
Such banners will be allowed for the following public events and entities and are permitted year round.
(a) Charitable and humanitarian events;
(b) Educational, scholastic, or artistic events;
(c) Banners intended for use by sponsors of non-profit community activities such as festivals, conventions, major events, and general street beautification will be allowed within all districts if signed by the property owner and if approved by the planning director;
(d) Banners displayed on publicly owned property (parks, convention centers, and buildings) must be approved by the designated representative of the property and are limited to activities occurring on the publicly owned property; or
(e) Within schools, religious institutions, and facilities of similar use, and all office, commercial and industrial zoning districts.
3. Holiday Decorations
Holiday decorations for multi-family and nonresidential Districts are subject to the requirements set forth in the table in Sec. 10-409 and of this section.
(a) Holiday decorations are allowed for a maximum of 14 days prior to a federally recognized holiday. All decorations must be removed immediately following the holiday. A 15 day extension may be allowed with a temporary sign permit granted by the Planning Director. In no case may holiday decorations ever be displayed more than 45 consecutive days.
(b) All decorations must be specific to the holiday celebrated and non-commercial in nature.
(c) Decorations on collector or arterial roadways must not flash, blink, move or otherwise be distracting to the motoring public.
(Ord. No. 0-2010-20; 3/10/10)
Sec. 10-417. Political Signs
Pursuant to Section 216.903 of the Texas Statutes, or successor statute, the following conditions apply to signs in the City of Tyler that are placed on private property with the consent of the owner and that contain political messages. Such signs may:
a. Be up to 36 square feet in area and eight feet in height; but
b. May not be illuminated or have any moving elements.
Sec. 10-418. Sign Code Enforcement
a. Authority
The building official or designated code enforcement officer is hereby authorized to issue a citation and to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal, or prohibited signs from property within the city limits of Tyler, in accordance with the enforcement mechanisms set forth in this section.
b. Notice of Violation
When the building official or designated code enforcement officer, determines that a dilapidated, deteriorated, illegal, prohibited, or abandoned sign located on private property within the city limits of Tyler requires removal by the owner, they must issue a notice of violation to the owner of the sign or to the owner, occupant, or person in control of the property on which the sign is located, except when the sign poses an immediate or imminent threat to public safety because of the condition of the sign, in which case it may be removed without notice.
c. Enforcement and removal of abandoned signs adjacent to interstate and major highways is governed by the Texas Administrative Code.
d. Contents of Notice of Violation
The notice of violation must contain:
1. Name of the owner, occupant, manager, or other person in control of the property.
2. Street address sufficient to identify the property on which the alleged violation occurred.
3. Description of alleged violation and reference to the portion of this section that has been violated.
4. Statement of the action required to correct the violation and a deadline for completing the corrective action.
5. Statement that failure to take the corrective action within the time specified may result in a criminal penalty and possible filing of a civil action by the city against the owner seeking injunctive relief and/or civil penalties.
6. Statement informing recipient of their right to appeal the decision of the building official to the board of adjustment in accordance with Sec. 10-771.
7. Owners or the occupant, or person in control of the property on which the sign is located found to be in violation of this section may be assessed a fine in an amount established by the city council and kept on file in the planning department.
e. Service of Notice of Violation
The city manager, or designee, must serve a written notice of violation on the owner of the sign or the owner, occupant, or person in control of the property on which the sign is located for sign violations on private property within the corporate limits of the city of Tyler or ETJ. The notice of violation should be served by hand or by certified mail with a return receipt requested. Service by certified mail will be effective three days after the date of mailing.
Sec. 10-419. Projected Image Signs in DBAC
a. Requirements
Projected image signs in DBAC properties within the downtown planning area defined in the Comprehensive Plan may only be permitted through a Special Use Permit approved by City Council and be subject to the following unless further stipulated by City Council:
1. The projected image of a projected image sign is limited to nonresidential and mixed-use properties in DBAC at least four stories or 40 feet in height.
2. The projected image shall not fall onto a surface with a high degree of specular reflectivity, such as polished metal or glass. The image shall be positioned to harmonize with the architectural character of the building(s) to which it is projected, and shall avoid any projection, relief, cornice, column, window, or door opening.
3. A maximum of one projected image may occupy 80 percent of the side or rear wall area of a building. The projected image will be in addition to the allowable permanent signage.
4. The path of the projection shall not cross public rights-of-way or pedestrian pathways at a height of less than seven feet.
5. Projected image signs are subject to the UDC illumination standards unless the City determines that additional illumination will be permitted because it will pose no material detrimental effects on neighboring properties or public rights-of-way due to the location and/or timing of the display.
6. Projected image signs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. A minimum hold of one minute is required for each message.
7. The source of the projection shall not project any sounds or music.
8. Projected image signs may contain on-premise or off-premise messages unless restricted by City Council. The source of the projection may be from an adjoining property subject to an agreement between property owners.
Projected image signs in DBAC properties within the downtown planning area defined in the Comprehensive Plan may only be permitted through a Special Use Permit approved by City Council and be subject to the following unless further stipulated by City Council:
1. The projected image of a projected image sign is limited to nonresidential and mixed-use properties in DBAC at least four stories or 40 feet in height.
2. The projected image shall not fall onto a surface with a high degree of specular reflectivity, such as polished metal or glass. The image shall be positioned to harmonize with the architectural character of the building(s) to which it is projected, and shall avoid any projection, relief, cornice, column, window, or door opening.
3. A maximum of one projected image may occupy 80 percent of the side or rear wall area of a building. The projected image will be in addition to the allowable permanent signage.
4. The path of the projection shall not cross public rights-of-way or pedestrian pathways at a height of less than seven feet.
5. Projected image signs are subject to the UDC illumination standards unless the City determines that additional illumination will be permitted because it will pose no material detrimental effects on neighboring properties or public rights-of-way due to the location and/or timing of the display.
6. Projected image signs shall contain static messages only, and animated, dissolve, or fade transitions are not allowed. A minimum hold of one minute is required for each message.
7. The source of the projection shall not project any sounds or music.
8. Projected image signs may contain on-premise or off-premise messages unless restricted by City Council. The source of the projection may be from an adjoining property subject to an agreement between property owners.
(Ord. No. 0-2021-23; 3/24/21)
Sec. 10-430. Billboards
Billboards and similar outdoor advertising are allowed in M-1 and M-2 districts in the city and applicable commercial properties in the ETJ provided the billboard meets all federal, state, and city requirements. (Ord. No. 0-2014-33; 4/23/14)(Ord. No. 0-2024-68; 7/24/24)
a. General Requirements.
All billboards located within the city limits and all billboards located within the extraterritorial jurisdiction that are within five miles of a military base at which an active training program is conducted must adhere to the following requirements. The city's regulations herein governing billboards in the extraterritorial jurisdiction hereby supersede the regulations imposed by or adopted under Chapter 394 of the Texas Transportation Code.
1. Billboards may be up to 35 feet in height, measured from the highest point of the sign to ground level.
2. Billboards must not be located so as to create a safety hazard, or to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct the driver's view of approaching, merging, or intersecting traffic, or to be likely to cause a driver to be unduly distracted in any way.
3. Billboards may not be located within 1,500 feet of any public park, public forest, public playground or scenic area, designated as such by the city or any other governmental agency.
4. Billboard faces may not contain any flashing, fluttering, undulating, swinging, rotating, or other moving elements or any reflective material such as foil, that may simulate movement or that is intended to distract drivers or passers by. (Ord. No. 0-2009-70; 6/10/09) (Ord. No.0-2013-16; 2/27/13)
b. Allowed Area and Height
1. The sign area of a billboard must be calculated as the area enclosed within the outer edge of the frame (border) of each sign face, multiplied by the number of faces.
2. The maximum area for any one billboard must not exceed 672 square feet.
3. Billboard panels may not be stacked, or placed side by side.
4. Billboards may have an interior angle with a maximum 15 foot separation at outer edge.
5. Billboards greater or equal to 400 square feet in gross area must observe the following location retirements:
(a) Spacing: The minimum sign separation is 750 feet from any other billboards. Separation between billboards will be measured by the linear distance on the same side of the street.
(b) Setback: A minimum distance of twice the sign height must be observed from any residentially zoned district.
6. Billboards less than 400 square feet in gross area must observe the following location requirements:
(a) Spacing: The minimum sign separation will be 300 feet from any other billboards. Separation between billboards will be measured by the linear distance on the same side of the street.
(b) Setback: A minimum distance of twice the sign height from any residentially zoned district.
7. Any spherical, free-form, sculptural, or other non-planar sign element protruding outward, above, below, or to either side of the billboard will be measured as 50 percent of the sum of the areas of the four vertical sides of the smallest four-sided polyhedron that will encompass the protruding element. Inclusion of such elements will reduce the overall permitted size of the billboard.
8. Billboards that are illuminated, may be lighted only by lights that are properly installed, shaded or concealed, and are aimed so that the light will project onto the sign face and will not interfere with the vision of motor vehicle operators, nor shine directly onto nearby residential property located in any residentially zoned district. Illumination of such signs must not be flashing or intermittent.
9. Billboards will be considered a structure and must observe all setbacks and structure separation requirements of the zoning district in which they are located.
10. Any non-conforming billboard that is damaged or deteriorated to an extent where restoration costs exceed 60% of the cost of erecting a new sign of the same type at the same location, must be removed. (Ord. 0-98-41, 5/27/98) (Ord. No. 0-2009-70; 6/10/09)(Ord. No.0-2013-16; 2/27/13)
c. Billboard Cap and Reduce
The number of billboards in the City and ETJ as applicable, is limited to the number of such signs in existence on April 24, 2008. To encourage the reduction of billboards, the owner of a sign that was lawfully erected in compliance with all standards then in effect or lawfully in place at the time it was annexed into the City, or that owner’s designee, may be awarded credit for removing such sign. (Ord. No. 0-2014-97; 10/22/14) (Ord. No. 0-2024-68; 7/24/24)
1. One credit will be awarded for each face that is removed from a lawfully existing billboard. In order to receive a permit for the erection of a billboard, two credits must be used per each new face.
2. The City shall issue a permit to any billboard owner or designee holding sufficient credits, for erection of an billboard in a location approved by the City, in its sole discretion according to the requirements set forth in this section. The permit must state the number of faces to be erected and must address all requirements set forth in this section.
3. Credits are transferable.
4. Credit is received when a billboard owner or designee removes a sign located within the City of Tyler or applicable ETJ voluntarily, even if the reason is loss of the lease. No credit may be awarded for the removal of a billboard that was in violation of Federal, State, or City laws when erected. (Ord. No. 0-2024-68; 7/24/24)
5. To be awarded a credit under the incentive program, a sign owner or designee must notify the City within 60 days of the removal of a billboard and receive a letter issued by the City awarding a credit. Failure to apply for a credit within 60 days from removal of a sign bars the awarding of credit for that sign. Any unused credits will be held in reserve indefinitely, in order to give incentive for immediate removal of current faces. (Ord. No. 0-2009-70; 6/10/09)
d. Billboard Inventory and Registration. In accordance with Title 43 of the Texas Administrative Code or successor, an inventory of billboards shall be maintained. The purpose of the billboard registration program is to maintain the billboard inventory and aid the City in enforcing the Billboard Cap and Reduce policy. All billboard owners in the City limits and extraterritorial jurisdiction are required to register their billboards in order for the City to maintain an accurate count and location database. A complete list of an owner's billboards, and locations must be submitted along with an annual fee listed in Section 10-776. The submittal must be made in the first month of each calendar year in order to remain in compliance with this section. (Ord. No. 0-2012-83; 10/10/12)
Sec. 10-440. General Requirements
All lighting fixtures designed or placed so as to illuminate any portion of a site must meet the following requirements:
a. Fixture (luminaire)
The light source must be completely concealed, fully shielded within opaque housing and must not be visible from any street right-of-way.
b. Light Source (lamp)
Only incandescent, fluorescent, color-corrected high-pressure sodium, light-emitting diode (LED) or metal halide may be used. The same type must be used for the same or similar types of lighting on any one site throughout any master-planned development. (Ord. No. 0-2015-67; 6/24/15)
c. Mounting
Fixtures must be designed and mounted in such a manner that the cone of light does not cross any adjacent property lines of neighboring sites.
d. Illumination Levels
All site lighting must be designed and installed so that the level of illumination as measured in foot candles at a height of three feet at the property line does not exceed .2 foot candles in or adjacent to residential uses and 1 foot candle in or adjacent to nonresidential areas.
Sec. 10-441. Lighting Required for Specific Uses and Areas
a. Roads, Driveways, Sidewalks and Parking Lots
All roads, driveways, sidewalks and parking lots must be sufficiently illuminated to ensure the security of property and safety of persons using such areas and facilities. Where such roads, driveways, sidewalks or parking lots fall on private property, the responsibility for lighting such areas will fall upon the developer.
b. Entrances and Exits in Non-Residential and Multifamily Projects
All entrances and exits in buildings used for non-residential purposes and open to the general public, along with all entrances and exits in multifamily residential buildings containing more than four units, must be adequately lighted to ensure the safety of persons and the security of the building.
c. Commercial Parking Lot Lighting
All commercial parking lots are required to provide lighting during nighttime hours of operation.
d. Canopy Area Lighting
All development that incorporates a canopy area over gas pumps, automated bank machines, or similar installations must provide lighting for the canopy area. For the purposes of this Division, the canopy area must be defined as that area immediately below the canopy.
Sec. 10-442. Roof Lighting
a. Application
An application for a permit authorizing a project including the use of roof lighting must include a roof lighting plan containing sufficient information to determine whether the roof lighting, if installed as proposed, will meet the standards and intent of this division.
b. Roof Lighting Standards
1. All bulbs or tubing must be encased so that the bulb is not naked and that direct glare is prevented.
2. Lights may not run along the highest peak of a roof line, except where perimeter lighting around the top of a flat roof is allowed.
3. Roof lighting that qualifies as a sign under this code is prohibited.
Sec. 10-443. Excessive Illumination
a. Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other lot is prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds the requirements of this section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
b. Lighting must not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
Sec. 10-450. General Requirements
a. Outdoor storage of equipment, materials, and merchandise for sale on the premises is permitted in the C-2, PCD, PMXD-1, PMXD-2, M-1, and M-2 zones, unless otherwise prohibited by ordinance.
b. A Temporary Use Permit (TUP) must be obtained for outdoor storage of equipment, materials, and merchandise for sale on the premises in the DBAC district.
c. The planning director has the authority to grant a temporary permit, with conditions, for outdoor sales and display of merchandise in zoning districts where such is not permitted.
d. Outdoor storage of equipment, materials, or merchandise not actively offered for sale shall be surrounded by an opaque screen which restricts their view from the public.
e. Areas used for outdoor storage or display shall be maintained so that excessive dust, fumes or odors will not be produced by continued use.
f. No manufacturing, assembly, repair, or work activity, other than permitted storage or sales, shall take place outside the confines of an enclosed building.
g. Such outdoor display of merchandise may not occupy areas needed for parking or on-site vehicle maneuvering.
h. No required parking spaces or loading areas shall be used as a display or sales area.
i. Public sidewalk or street right-of-way shall be used for display upon the issuance of a Temporary Use Permit
j. No outdoor storage area or required open space for one building may be count toward the required open space, yard, or area for any other building or other use.
k. Requirements in addition to those of this section will be applied to outdoor storage and display of merchandise at gasoline service stations pursuant to Sec. 10-68. (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-451. Commercial Establishments
A commercial establishment offering for sale, lumber, building supplies, tools, home improvement materials and related items, where the materials are stored within a building, or if stored outdoors, all supplies and commodities are stored behind a solid screening wall which is located on, or back of the required building line, and where the supplies and commodities are not stacked or arranged so as to extend above the top of the screening wall.
Sec. 10-452. Temporary Outdoor Sales
Open-air sales lot, established for temporary periods for the sale of seasonal commodities such as Christmas trees, lawn and garden supplies, etc. Temporary outdoor sales are permitted through issuance of a temporary use permit (TUP) for a specific period of time, or in some cases, through issuance of a special use permit (SUP) authorizing extended outdoor display. (Ord. No. 0-2010-20, 3/10/10)
Sec. 10-453. Tents
a. All tents must comply with fire department regulations.
b. Within all office, commercial, and industrial districts; not to exceed a cumulative total of 30 days per lot per calendar year.
c. 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.
d. Any other attention gathering devices within all zoning districts; location and duration will be at the discretion of the planning director.
Sec. 10-454. Outdoor Transient Vendors (including Mobile Food Vendors)
An outdoor transient vendor is a person, or the agent, consignee or employee of a person, who at a fixed location within the city engages in the temporary display, exhibition or delivery for the sale or offering for sale of any goods or services, including animals, with the intent of discontinuing such use upon the expiration of a time period not to exceed a maximum of 60 days, provided this time period shall not apply to Mobile Food Units. Outdoor transient vendor sales are not allowed in residential districts. The outdoor transient vendor regulations do not apply to vendors that are acting with the permission of a business at a fixed location, if such vendor sales occur at that fixed location and if such vendor sales are associated with that business’s primary type of good or services sold. Any person receiving an outdoor transient vendor permit related to the sale or offering for sale of animals shall comply with the vaccination requirements set forth in Tyler City Code Section 14-30 or successor, as applicable, and must be able to show proof of such vaccinations upon request . An outdoor transient vendor must obtain an outdoor transient vendor permit by making application to the Planning Department prior to engaging in such activity. The outdoor transient vendor regulations in this section do not apply to fruit/vegetable stands, fruit/vegetable sales (roadside), the giving away of animals at any location, or the sale of animals at private residences. (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2014-113; 12/10/14)
a. Transient Vendor Application
Outdoor transient vendor permits are subject to approval of the Planning Director. A copy of said permit must be displayed prominently at the location.
b. General Requirements
a. Outdoor transient vendor sales may only be allowed in C-2, DBAC, PCD, PMXD-1, PMXD-2, INT, M-1 and M-2 zoning districts. Mobile Food Units may obtain a transient mobile food vendor permit for a C-1 zoning district only if the property has received a special use permit to operate a Food Truck Park
b. Each lot is allowed only one outdoor transient vendor at a time. This does not apply to Mobile Food Units at Food Truck Parks.
c. A maximum of two permits for no more than 30 consecutive days each per calendar year per lot/contiguous tract is allowed. Mobile Food Units shall be issued a Mobile Food Vendor Permit for a maximum period of one year from date of approval. (Ord. No. 0-2012-83; 10/10/12) (Ord. No. 0-2014-113; 12/10/14) (Ord. No. 0-2024-68; 7/24/24)
4. Outdoor transient vendors can occupy parking spaces, but only if the minimum number of parking spaces required under this Chapter for the existing business remains available for patrons to park their vehicles.
5. Outdoor transient vendors are not permitted on lots without a principle structure or use that has approved off-street parking and commercial driveways.
6. Transient Mobile Food Units must comply with Section 10-76 of this Chapter. (Ord. No. 0-2014-113; 12/10/14)
c. Penalties
Violation of any provision of this division, or violation of any term, condition, requirement, or duration of an outdoor transient vendor permit issued under this division, is unlawful and shall subject the violator to the penalties set forth in this chapter.
d. Suspension/Revocation
In addition to the penalties listed in subsection C above, an outdoor transient vendor permit may be revoked or suspended by the planning director with appeal to the Board of Adjustment within 10 days of the revocation or suspension.
e. Enforcement
Planning Department personnel, Police Department personnel and Code Enforcement Department personnel have full and complete authority to enforce the provisions of this section to outdoor transient vendors, and have authority to issue citations for violations thereof. The Local Rabies Control Authority or designee, and Animal Control Officers, have full and complete authority to enforce the provisions of this section related to the sale or offering for sale of animals, and have authority to issue citations for violations of such provisions. (0-2003-38, 7/23/03) (0-2003-61, 11/26/03) (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2016-76; 8/24/16)
Sec. 10-455. Garage Sales
A garage sale is a sale of personal property conducted within a residential district.
a. Only those garage sales in compliance with the regulations of this section are permitted in a residentially zoned district. Any other attempted sale is prohibited in residential districts.
b. Sales that require a sales tax permit are not authorized by this section. The sale of merchandise acquired solely for resale purposes is prohibited.
c. No more than one garage sale may be conducted from any residence during any consecutive six-month period for a maximum of two per year.
d. No garage sale may be held for a period exceeding three consecutive days unless a longer duration is approved by the planning director through issuance of a temporary use permit (TUP).
e. All signs or notices posted in regard to any garage sale shall be posted only on the premises at which said sale is held, and shall be so located as not to constitute an impairment to or obstruction of traffic. No sign permit is required. (ORD. 0-97-62, 12/10/97) (Ord. 0-2003-38, 7/23/03) (Ord. No. 0-2010-20; 3/10/10)
Sec. 10-456. Outdoor Display and Storage Prohibited
Outdoor display of merchandise or storage of materials is prohibited in the INT, and C-1 districts.
Sec. 10-457. Portable Storage Units
A portable storage unit may be used as a temporary structure within the city when in compliance with the standards of this section. The use of a portable storage container for a period of ninety-six hours or more in a district zoned residential, office, limited commercial, educational or light commercial, must comply with the regulations set forth in this section. Any use of such structures within the city not in compliance with this section will be unlawful.
a. Duration
1. A portable storage unit may be located as a temporary structure on property within the city for up to 30 days from time of delivery to time of removal. Such units may not be located on a specific property more than a 60-day period per calendar year.
2. A property owner may request and the planning director may grant up to two consecutive 24-hour extensions to the allowed duration of the storage unit on a property. Permission may be granted for thirty (30) days for portable storage containers on a single lot. At the expiration of the thirty-day period, applicants may seek to extend their use for one additional thirty-day period by applying to the Planning Director. The Planning Director shall have authority to approve one (1) additional thirty-day duration of the storage unit on a property if the Planning Director, in the Director’s sole discretion, makes a finding that:
(a) The additional 30-day period is necessary because special circumstances, such as the size, shape, or location of the property, make completion of the use within the initial 60-day period impractical; or
(b) The additional 30-day period is necessary for the removal of debris caused by a natural or man-made disaster.
(1) In the event of fire or natural disaster causing substantial damage to the unit, the property owner may apply to the city for permission to extend the time that a portable storage unit may be located as a temporary structure on the property. Application for such extended duration must be made in writing and filed with the city clerk's office and must give sufficient information to determine whether such extended duration should be granted. The planning director will determine whether or not to grant such extended duration and the length of such extension. The applicant may appeal such decision to the planning and zoning commission. In the event of such appeal, the decision of the planning and zoning commission will be final.
3. Any person utilizing a portable storage unit is responsible for having the unit removed at the end of the time for which it may lawfully remain in place or within 48 hours by the company providing the portable storage unit upon the direction of a law enforcement officer for safety reasons. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city clerk for removing the container when it is not lawfully placed.
b. Number of Units
No more than three such storage units may be located on a specific piece of property within the city at one time.
c. Location and Size
Such unit must be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such unit may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.
d. Maintenance
Such unit must be properly maintained, kept in a condition free from rust, peeling paint, broken portions and deterioration, and must not be allowed to fall into a state of disrepair.
e. Emergency Right-of-Way Placement
Right-of-Way placement (on local streets), for portable storage units is allowed for 72 hours without authorization due to restricted access to the property. If the use of such unit in the public right-of-way is to exceed the 72 hour period, the owner or person in control of the unit must either seek a right-of-way use license pursuant to Section 17-1, or seek a variance from the Zoning Board of Adjustment pursuant to Section 10-251. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City for removing the container when it is not lawfully placed.
f. Anchoring in Hazardous Conditions
It will be the obligation of the owner or user of such storage unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary unit. In the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require removal within 48 hours of such temporary unit by the portable storage company providing the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City.
g. Prohibited Uses
Such units must not be used as a habitable structure, a detached, permanent storage building or structure, tool house, greenhouse, home workshop, children’s playhouse, storage house, garden shelter, or similar purpose. Such units must not be utilized to store materials classified as hazardous by federal, state, or City laws.
Sec. 10-458 Outdoor Vending Machines.
These guidelines are intended to minimize the visual impacts within commercial areas and maintain the aesthetic within neighborhood commercial areas.
a. Outdoor vending machines shall be placed under roof overhangs or awnings to minimize their visibility from the street as well as provide protection from inclement weather to customers utilizing such devices.
b. A maximum of two outdoor vending machines are allowed per businesses with exterior property frontages of up to 100 feet. No more than three outdoor vending machines are allowed per location.
c. Outdoor vending machines located within the "C-1", Light Commercial Districts are allowed as an accessory use only.
d. No outdoor vending machine shall be placed in a location so as to impede pedestrian access, block parking areas or create an unsafe condition. Vending machines shall not be installed in the public right-of-way or immediately adjacent so as to require customers to stand in the public right-of-way in order to use the machine.
e. No vending machine shall exceed eight feet in height, three feet in depth, or six feet in width.
f. Outdoor vending machines may be externally illuminated to provide security at night. Illumination shall comply with Article VI. Development Standards, Division J. Outdoor Lighting.
g. All outdoor vending machines selling entertainment media must comply with all applicable sexually oriented businesses and zoning regulations. Outdoor vending machines shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing light.
(Ord. No. 0-2011-8;1/26/11)
Sec. 10-459 Donation Containers
Donation containers include any structure or container which has four walls, a roof and a floor, not to exceed the dimensions of six feet one inch (6'1") in width or depth, nor shall exceed seven feet (7') in height, which is used for the donation of clothing, appliances, or other similar materials or products. Said structure or container shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure or container must be built substantially enough, as to not pose any public threat, and be painted or finished in a way that is visually coherent and conducive to its environment. Any use of such structures within the city not in compliance with this section will be unlawful. Any existing use of such structures prior to the adoption of this section that are not in compliance with this section must comply within 90 days of the adoption of this section.
a. Permit Required
A Temporary Use Permit (TUP) is required for each donation container that is not accessory to the primary use of the property. TUPs issued for donation bins operated by a 501(c)(3) non-profit organizations registered with the State of Texas are exempt from the filing fee. TUPs for donation containers may be issued for an initial 90 day period and may be renewed at the discretion of the Planning Director on an annual basis thereafter. Institutional uses are exempt from the permit requirement, however all other standards of this Section apply. The owner of the donation container must have written permission from the property owner on whose property the donation container will be placed. The property owner must obtain the TUP prior to the donation container temporary use. (Ord. No. 0-2019-62; 8/14/19)
b. Number of Containers
Donation containers shall be limited to one per acre with a maximum of four regardless of property size.
c. Location of Containers
1. Donation containers shall only be permitted in zoning districts that allow for outdoor display, provided that properties used for institutional uses are exempt from this restriction.
2. Donation containers shall not be located in the streetyard.
3. Donation containers shall not be located in any required landscaped area or bufferyard area, and shall not be located within fifty feet (50') of a property being used for residential purposes.
4. Donation containers shall not be located within a required building setback.
5. Donation containers shall be located on a paved surface at all times.
6. Donation containers shall not be located in any parking space required to meet the minimum parking requirements for a site and may not be located in any platted or dedicated access easements, fire lanes, or mapped floodplains.
7. Donation containers shall not be located on vacant lots.
2. Donation containers shall not be located in the streetyard.
3. Donation containers shall not be located in any required landscaped area or bufferyard area, and shall not be located within fifty feet (50') of a property being used for residential purposes.
4. Donation containers shall not be located within a required building setback.
5. Donation containers shall be located on a paved surface at all times.
6. Donation containers shall not be located in any parking space required to meet the minimum parking requirements for a site and may not be located in any platted or dedicated access easements, fire lanes, or mapped floodplains.
7. Donation containers shall not be located on vacant lots.
d. Signage on Container
A donation container shall not be utilized as an off-premise sign. All donation containers not used as accessory structures, shall display, in a manner satisfactory to the Planning Director, information detailing the container's owner and contact information, prohibition of items being placed outside of container, and for-profit/nonprofit status.
e. Maintenance
Such containers must be properly maintained, kept in a condition free from rust, peeling paint, broken portions and deterioration, and must not be allowed to fall into a state of disrepair. The area around the container must be kept clean and free from litter, garbage, and debris.
f. Anchoring in Hazardous Conditions
It will be the obligation of the owner or user of such donation container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other weather conditions in which such container may become a physical danger to persons or property, the appropriate law enforcement officers may require removal within 48 hours of such temporary container by the container's owner. The donation container's owner will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary container was located and may be filed as a lien against such property by the City.
g. Prohibited Uses
Such donation containers must not be used as a habitable structure, a detached, permanent storage building or structure, tool house, greenhouse, home workshop, children's playhouse, storage house, garden shelter, or similar purpose. Containers must not be utilized to store materials classified as hazardous by federal, state, or City laws.
(Ord. No. 0-2016-8; 1/27/16) (Ord. No. 0-2019-62; 8/14/19)