Tyler City Zoning Code

Applications required under this development code must be submitted in a form and in such numbers as required by the official responsible for accepting the application. That official must develop checklists of application submittal requirements and make those checklists available to the public.

   a.   Preapplication consultations are encouraged in all cases.

   b.   Preapplication consultations may be scheduled with the planning department staff and should occur at least 48 hours before submitting an application.

Officials responsible for accepting applications may, after consulting with review and decision-making bodies, promulgate processing cycles for applications. Processing cycles may establish:

   a.   Deadlines for receipt of complete applications;

   d.   Time frames for review and decision-making.

Applications must be accompanied by the fee amount that has been established by the city council. Fees are not required with applications initiated by the city council, planning and zoning commission, or planning director. Application fees are nonrefundable after an application has been deemed complete.

   a.   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.

   d.   Applications deemed complete will be reviewed by staff and other review and decision-making bodies in accordance with all review and approval procedures of this development code.

   a.   Parties in interest and citizens must be given proper notice of an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.

   c.   If a public hearing is tabled or deferred for an indefinite period of time or postponed more than three months from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing.

   a.   Notice Required

      The individual procedures of this division specify the types of public hearing notice required.

         When newspaper notice is required, it must be published in a newspaper of general circulation within Tyler at least 15 days prior to the public hearing. Whenever a procedure requires multiple hearings—one before the planning and zoning commission and one before the city council, for example—a single notice or separate notices for each hearing may be provided.

         Not less than 15 days before the date set for the public hearing, mailed notices must be sent by first class U.S. mail to all owners of real property subject to the action and to all owners of real property situated within 200 feet of the property on which the proposed action would occur as recorded on the current Smith County Appraisal District tax roll. The notification by mail of owners of property in the ETJ whose property is within 200 feet of the proposed action is provided as a courtesy to such owners and should not be construed as conferring standing to protest such action.

         Posted notice should be at least ten days prior to the date of the first public hearing, before the planning and zoning commission, the applicant must post one or more signs on the property under consideration announcing the proposed action. The applicant must make every effort to ensure that the sign is posted in a conspicuous place on the property where the action is pending and must be visible from the street. The applicant must place a $20 deposit with the City of Tyler, refundable upon sign return.

   b.   Content of Notice

      All public hearing notices must:

      1.   Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

      2.   Describe the property involved in the application by street address or by general description;

      3.   Describe the general nature, scope, and purpose of the application or proposal; and

      4.   Indicate where additional information on the matter can be obtained.

      5.   The applicant may submit additional information to the planning department in support of its application that will be include in whole or in part in any mailed, published, or posted notices.

In all cases, the burden is on the applicant to show that an application complies with review or approval criteria.

When a review body or decision-making body recommends the approval of an application with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

All matters concerning vesting of property rights in the City of Tyler are governed by Texas Local Government Code Chapter 245. Issuance of Local Permits.

This section establishes review authority under this Unified Development Code. Specific requirements for each type of application or permit are contained within this code. The following table summarizes the decision-making authority of each review body.

 

(Ord. No. 0-2014-97; 10/22/14) (Ord. No. O-2018-17; 2/14/18) (Ord. No. 0-2019- 87; 10/8/19)

Applications to amend the text of this development code may be initiated by the city council, planning and zoning commission, or the planning director.

Notice of any proposed amendment to the text of this development code, other than proposed amendments to Fees in Section 10-776, must comply with the public hearing requirements in accordance with Article VIII, Division A, above. When any such amendment relates to a change of a zoning regulation not affecting specific property, notice of the public hearing of the City Council must be given by publication in a newspaper of general circulation in the City of Tyler at least 15 days prior to the public hearing. Such notice must state the time and place of such hearing and the nature of the subject to be considered. Mailed notification of property owners is not required in such instances where the change of a zoning regulation does not affect a specific property. (Ord. No. 0-2019-96; 11/13/19)

The planning director must prepare a report that evaluates the proposed development code text amendment in light of adopted plans, the relevant provisions of this development code and the review criteria of Sec. 10-605.

The Planning and Zoning Commission must hold a public hearing on each proposed text amendment, other than proposed amendments to Fees in Section 10-776. The Commission may act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied. If the Commission does not act on a proposed text amendment within 60 days of the date of the public hearing, the proposed text amendment must be forwarded to the City Council with no recommendation. (Ord. No. 0-2019-96; 11/13/19)

   a.   Following a hearing and recommendation by the planning and zoning commission, the city council may convene its own public hearing on the proposed text amendment.

   b.   The city council may act by simple majority vote to approve the proposed text amendment, approve it with modifications, or deny the amendment. The city council may also return the application to the planning and zoning commission for further consideration, together with a written explanation of the reasons for doing so.

In reviewing and making decisions on text amendments, review and decision-making bodies must consider at least the following factors:

   a.   whether the proposed text amendment corrects an error or inconsistency in the development code or meets the challenge of a changing condition; and

   b.   whether the proposed text amendment is consistent with adopted plans and the stated purpose of this development code.

An application to amend the zoning map may be initiated by any person or corporation having a proprietary interest in any real property located within the city. Zoning map amendments may also be initiated by the city council, without prejudice.

   a.   Applicants for rezonings to planned districts must prepare and submit a site development plan at the time of application filing (O-2003-38, 7-23-03)

   b.   The planning director may defer at the submittal of the application the requirements for a site development plan if the director determines that site development plan is not necessary for adequate review of the requested planned district.

   d.   Subject to the provisions of this Article, an occupancy or use legally established in a planned district, including an occupancy or use approved pursuant to an approved site development plan, shall continue to conform to the requirements of such district or such plan, as well as any conditions or restrictions placed on the property by the Planning and Zoning Commission and City Council. The adoption of any provisions in this Unified Development Code or any amendments thereto that results in an expansion or addition of permissible uses generally allowed within a planned district shall not serve to expand the uses of, nor shall it alter or change the original restrictions or requirements placed upon, any specific properties previously approved as a planned district, including those adopted pursuant to a previous site development plan. Subject to the provisions of this Article, any proposed change in the use of property previously approved in a planned district, or any proposed addition or change to a previously approved site development plan for property within a planned district, shall require adoption of a separate ordinance approved by the City Council.

Public notice of zoning map amendment applications must be provided in accordance with Sec. 10-586 in addition to the following requirements:

   a.   A sign posted on a property announcing the proposed zoning map amendment (rezoning) must indicate the current zoning status of the property, the requested zone change, and date of meeting.

   b.   When any such amendment relates to a change of a zoning regulation not affecting specific property, notice of the public hearing of the city council must be given by publication in a newspaper of general circulation in the City of Tyler at least 15 days prior to the public hearing. Such notice must state the time and place of such hearing and the nature of the subject to be considered. Mailed notification of property owners is not required in such instances where the change of a zoning regulation does not affect a specific property.

The planning and zoning director must prepare a report that evaluates the proposed zoning map amendment in light of adopted plans, the relevant provisions of this development code and the review criteria of Sec. 10-617.

The planning and zoning commission must hold a public hearing on a proposed zoning map amendment. The commission may act by simple majority vote to recommend that the proposed zoning map amendment be approved, approved with modifications, or denied. If the commission does not act on a proposed zoning map amendment within 60 days of the date of the public hearing, the proposed zoning map amendment must be forwarded to the city council with no recommendation.

If the planning and zoning commission decides not to recommend approval of the proposed zoning map amendment, the applicant or proponents of such zone map amendment may, within 10 calendar days of the commission meeting, file a written appeal during normal business hours with the planning department requesting council consideration of their request. (Ord. 0-2003-38, 7/23/03)

   a.   Following a public hearing and recommendation by the planning and zoning commission, the city council may convene its own public hearing on the proposed zoning map amendment.

   c.   In the case of a written protest against a proposed zoning map amendment that would affect property owners within the City of Tyler, signed by the owners of at least 20 percent of either 1) the total area of the lots or land included in such proposed change; or 2) the area of the lots or land immediately adjoining proposed change and 200 feet there from, and located with the Tyler city limits, such amendment will not become effective except by the favorable vote of three-fourths of all of the members of the city council.

The city council will consider the following approval criteria for zoning changes:

   a.   The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action;

   e.   The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment.

In addition to the zoning change criteria above, the city council will consider the following specific objectives and criteria for approving any type of planned district currently permitted in this code.

   a.   A variety of housing types, employment opportunities, or commercial services to achieve a balanced community;

   f.   The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services.

Should the decision of the planning and zoning commission not be appealed to the city council, or should the city council fail to pass an ordinance approving the rezoning, a new application for the same zoning may not again be considered for six months from the date that it was disapproved or withdrawn. Any new application for rezoning will be regarded as if the applicant had never filed a previous application.

In the case of a planned district rezoning, after the site development plan has been approved and the zoning change made, adjustments or rearrangement of buildings, parking areas, entrances, heights, setbacks, or open spaces requested in writing by the developers, may be approved by the planning director if the changes conform to the standards established by the site development plan. (ORD. 0-97-62, 12/10/97)

   a.   Applicability; Classification of Subdivisions

      Except as otherwise provided these regulations apply to all subdivisions of land located within both the city limits and its extraterritorial jurisdiction. Before any land is platted, the property owner must apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the procedures of this division. Subdivisions are classified as major or minor, depending on the number of lots proposed and the extent of public improvements required.

         A minor subdivision is the creation of four or fewer lots and does not require the creation of a new street or the extension of municipal facilities. A minor subdivision may be approved for residential and non-residential properties except for plats that require public hearings. Minor plat approval requires the submission of a final plat as described under Sec. 10-635. (Ord. No. 0-2019-87; 10/8/19).

         A major subdivision involves the creation of more than four lots, as well as new streets or the extension of municipal facilities. Major subdivisions may be approved for residential and non-residential properties.

   b.   Exceptions

      The following types of subdivision do not require approval by the City. However, the City may not extend utilities or issue building permits for the development of any property which has not received final plat approval, except as otherwise provided by this development code.

      1.   The division of land into parts greater than five acres, where each part has access and no required public improvement is to be dedicated.

      2.   The creation of a remainder of a tract caused by the platting of a portion of the tract, provided the remainder is larger than five acres and subject to the following criteria.

         a.   A valid preliminary plat must be approved for the development.
         b.   The calculation of a remainder area(s) will be determined by the contiguous amount of unplatted developable land.
         c.   Floodplain areas identified on the preliminary plat are not required to be included on a final plat and may not be considered part of the remainder area calculation. In the case a proposed street shown on the preliminary plat or Master Street Plan is adjacent to or crosses a floodplain area, the right-of-way for the street must be dedicated in accordance to the phasing plan on the preliminary plat.
         d.   Any area of land required to be dedicated as Master Street Plan right-of-way or is proposed to remain undevelopable may not be considered part of the remainder area calculation.
         e.   In no case shall a final plat exclude land so as to leave a remainder or portion of a remainder of such size, shape, or location as not to be developable in accordance with the requirements of the Subdivision ordinance, Sec. 10-165 pertaining to reserve strips, or any other section of this ordinance. (Ord. No. 0-2017-100; 11/8/17)

      3.   The creation of a leasehold for agricultural use of the property, provided that the use does not involve the construction of one or more buildings to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon.

      4.   The division of property through inheritance, the probate of an estate, or by a court of law.

   c.   Official Submission Date for Items Requiring Commission and Staff Approval

      1.   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.

      2.   The official responsible for accepting an application must make a determination of application completeness within seven working days of the application filing.

      3.   If an application is determined to be incomplete, the official responsible must provide paper or electronic notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are corrected, the application will be placed in the next available processing cycle for review. If they are not corrected within 10 working days from time of notice of deficiency, the application will be considered incomplete and returned. (Ord. No. 0-2019-87; 10/8/19)

      4.   Applications deemed complete will be reviewed by staff and other review and decision-making bodies in accordance with all review and approval procedures of this development code.

   d.   Approval Criteria

      Applications for plat approval will be evaluated for compliance with these regulations.

   e.   Minor Plats

      Pursuant to Chapter 212 of the Texas Local Government Code, or successor, the Planning Director is hereby authorized to approve minor plats. The Director may, for any reason, elect to present a minor plat to the Planning and Zoning Commission for approval. The Director may not disapprove a minor plat and must refer any minor plat refused for approval to the Commission within 30 days of the official date of application. (Ord. No. 0-2012-38; 4/25/12) (Ord. No. 0-2019-87; 10/8/19)

   f.   Statutory Compliance Procedure

      The Planning Director must place a complete application on the agenda of a Planning and Zoning Commission meeting that is scheduled within 30 days following the official submission date. Applications that have corrected completeness deficiencies are not considered filed until the next available processing cycle deadline. The Commission must approve or disapprove the application at the meeting. If the Commission fails to approve or disapprove an application within 30 days of the official submission date the application must be deemed approved in accordance with Section 212.009 (b) of the Texas Local Government Code. Unless the Commission unconditionally disapproves the plat application within such period, the City will continue to process the application for compliance with these regulations. (Ord. No. 0-2015-67, 6/24/2015) (Ord. No. 0-2019-87; 10/8/19)

   g.   Extraterritorial Jurisdiction

      Land in the city's extraterritorial jurisdiction is subject to platting, as provided in Chapter 242 of the Texas Local Government Code, or successor. The approval of a plat within the extraterritorial jurisdiction does not constitute approval of land use. Properties incorporated subsequent to platting are subject to the city's zoning authority. (Ord. No. 0-2000-11, 3-1-2000)

   a.   Applicability

      A preliminary plat is required for all major subdivisions prior to the construction of public improvements except as permitted under subsection b. herein. If a preliminary plat is omitted, a final plat must be required in conformance to Sec.10-635, and contain all information required on the preliminary plat.

   b.   Exceptions to Preliminary Plat Requirements

      The preliminary plat approval requirement and procedures of this section are waived if the following criteria are met:

      1.   The subdivision is actually a resubdivision of lots previously platted and filed of record in Plat Records, Smith County, Texas; or, all proposed lots of the subdivision abut an existing street of adequate width such that no additional right-of-way is required. In either case, no construction of public streets, alleys, storm sewers, sanitary sewers, or water mains is required within or for extension to the subdivision; and

      2.   The developer first secures written permission from the Planning Director, at the Director's discretion, to waive the preliminary plat and proceed directly to the final plat procedure. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-19, 2/8/06) (Ord. No. 0-2019-87; 10/8/19)

   c.   Application Procedure and Requirements

      On forms approved by the city, the applicant must file one hard copy and one digital copy in portable document format (pdf) of the proposed preliminary plat, with the planning department. The plat must be prepared by or under the supervision of a licensed professional engineer or surveyor or land planner in the State of Texas and must bear the signature of the preparer and the date on each sheet. The payment of all applicable fees is required at the time of submission. (Ord. No. 0-2019-87; 10/8/19)

   d.   General Application Requirements

      One digital copy in pdf format and two hard copies of the proposed preliminary plat at a scale of 1” = 100', unless otherwise approved by the planning director, and should be in a form substantially as follows:

      1.   A title including the name of the subdivision, developer, engineer, (or surveyor), name of survey, the scale, date, a north point, and approximate acreage.

      2.   The boundary lines of the tract to be subdivided with courses, angles, and distances, the property lines and names of record owners of adjoining undeveloped property, easements, building lines, buildings and lots, physical features including water courses, ravines, bridges, culverts, drain pipes, sanitary and storm sewers, water mains, and other existing features on the property being developed and on undeveloped properties within 200 feet of the subject property.

      3.   Contours based on U.S. Coast and Geodetic Survey mean sea level elevations at intervals, as required by the city engineer or development services engineer, of two to five feet, and approximate flood hazard lines delineating the limits of the floodplain on the unimproved property as depicted on FEMA map.

      4.   Location and width of existing streets, street names, width between curbs, if paved, and alleys, within and adjacent to the property.

      5.   The location, widths and names of all proposed streets, alleys or other public ways, all lots, blocks and all parcels of land to be dedicated for public use. Roadway names are checked for duplication and clarity at the preliminary plat submittal, but names are not assigned until the final plat is approved. (Ord. No. 0-2012-38; 4/25/12)

      6.   A vicinity map showing sufficient area to properly locate the proposed subdivision in relation to schools, parks, shopping centers, thoroughfares and highways.

      7.   Description of subdivision by metes and bounds.

      8.   Location of subdivision with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part.

(Ord. No. 0-2009-19; 3/11/09)

No preliminary plat will be approved by the planning and zoning commission or city council as applicable, unless the following standards have been met:

   a.   Provision for installation and dedication of public improvements has been shown;

   d.   Plat conforms generally to the Tyler21 Comprehensive Plan.

After review of the preliminary plat, the report and recommendations of the planning director concerning the application and the report and any exhibits submitted at a public meeting, the applicant will be advised of any required changes or additions. The planning and zoning commission must approve or disapprove the preliminary plat. One copy of the proposed preliminary plat will be returned to the owner with the date of approval or disapproval and the reasons therefore accompanying the plat. If the commission disapproves the proposed preliminary plat, the applicant may execute an appeal pursuant to section 10-615.

   a.   Effect of Approval

      Approval of a preliminary plat also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval.

   b.   Lapse of Preliminary Plat Approval

      The approval of a preliminary plat will be effective for 48 months from the date of approval by the commission or the council. If a final plat is not submitted and approved within that period, the preliminary plat approval will lapse. (See Sec. 10-634(e). below concerning extensions and reinstatement of approval.)

   c.   Lapse of Preliminary Plats for Phased Project

      For preliminary plats on projects that are phased, or that will be developed sequentially, the approval of a final plat for a phase of the project will extend the expiration date for the remaining portion of the original preliminary plat for a period of 24 months after the date of approval of the final plat. Approval of each subsequent final plat within 12 months of the date of approval of the preceding final plat will extend the expiration date for the portion of the original preliminary plat for which no final plats have been approved for an additional 24 months from the date of approval of such final plat.

      1.   Each 24-month extension period for the expiration of the original preliminary plat runs from the date of the latest final plat approval. Extension periods are not cumulative.

      2.   If a final plat is not filed and recorded during the 24-month extension period, the original preliminary plat, together with any unapproved Final Plat applications or expired final plats, lapse.

   a.   At any time following the approval of a preliminary plat, and before the lapse of such approval, a property owner may request an amendment. The rerouting of streets, addition, or deletion of alleys, or addition or deletion of more than 10 percent of the approved number of lots will be considered a major amendment. The adjustment of street and alley alignments, lengths, and paving details; the addition or deletion of lots within 10 percent of the approved number and the adjustment of lot lines will be considered minor amendments.

   b.   The planning director may approve a minor amendment. If the director does not approve the amendment, it will be referred to the planning and zoning commission under the terms of this division. Major amendments may be approved by the commission at a public meeting in accordance with the same requirements for the approval of a preliminary plat.

   c.   Approval

      The commission may approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment.

   d.   Retaining Previous Approval

      If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment or appeal the action of the commission to the city council pursuant to Sec 10-639 of this development code.

   e.   Extension and Reinstatement Procedure

      1.   90 days prior to or following the lapse of approval for a preliminary plat, the property owner may petition the commission to extend or reinstate the approval. Such petition will be considered at a public meeting of the commission.

      2.   In determining whether to grant such request, the commission must take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations will apply to the plat. The commission may extend or reinstate the plat or deny the request, in which instance the property owner must submit a new application for approval.

      3.   The commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The commission may extend or reinstate a plat in 2-year increments.

   a.   Applicability

      A final plat is required for subdivisions of property and the recording of lots, if a preliminary plat has either been approved or waived pursuant to Sec. 10-631.

   b.   Application Procedure and Requirements

      A final plat for minor subdivisions may be approved by the Planning Director. Final plats must comply with the preliminary plat where applicable. The application must be accompanied by the following:

      1.   On forms approved by the city, the applicant must file one hard copy and one digital copy in portable document format (pdf) of the proposed final plat bearing all information specified in Sec. 10-631, except Sec. 10-631(d.)(3) relating to contours, and the following language:
      Notice: "Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits."
      This notice does not apply to land within an industrial park.
      Notice: "This property has been determined to be in Zone 2 of the City of Tyler ETJ per Interlocal Agreement accepted under Texas Local Government Code Section 242.001. Approval by the City of Tyler is all that is required for this plat. Approval of this plat showing dedicated public roads, rights-of-way and easements (including drainage easements) does not guarantee or imply county acceptance of such public improvements for county maintenance. Only the Smith County Commissioners Court by formal vote can accept county roads, rights-of-way and easements for county maintenance. " (Ord. No. 0-2019-87; 10/8/19)

      2.   Formal offers of irrevocable dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the city attorney. The plat must be marked with a notation indicating the formal offers of dedication.

      3.   The improvement agreement and security, if required, in a form satisfactory to the development services engineer, must include a provision that the property owner will comply with all the terms of the final plat approval as determined by the commission.

      4.   A recording fee in an amount required by the county clerk.

      5.   Construction plans (major plats).

      6.   Proof of water and wastewater service or will-serve letters (ETJ Plats)

      7.   Proof of ad valorem taxes paid. Original Tax Certificate must be submitted for recording purposes as required by Texas Local Government Code or successor, Texas Property Code Section 12.002 or successor, and all other applicable state laws. (Ord. No. 0-2012-83; 10/10/12) (Ord. No. 0-2019-87; 10/8/19)

      8.   Original Tax Certificate as required by Texas Local Government Code or successor, Texas Property Code Section 12.002 or successor, and all other applicable state laws. (Ord. No. 0-2012-83; 10/10/12).

      9.   A statement acknowledging the existence of flood plains on the property, and dedicating a floodway easement, in a format approved by the development services engineer.

      10.   The following two signed and notarized certificates placed on the face of the map:

         (a)   Certificate, shown in Attachment A, of ownership and dedication of all streets, alleys, easements, and public areas to the public use forever, signed by the owner of the land; and

 

(Ord. No. 0-2012-38, 4/25/12)

         (b)   Certificate, shown in Attachment B, of the registered public surveyor who surveyed, mapped, and monumented the land, signed by the surveyor.

 

 

      11. For property located in any Tyler Pounds Regional Airport Height Hazard Zones, the plat shall contain the following notation: The property shown on this subdivision plat is located within the Tyler Pounds Regional Airport Height Hazard Zoning District. Decisions on the use of the land shall comply with the development regulations and height limitations for said district set forth in the Code of Ordinances of the City of Tyler, Smith County, Texas. (Ord. No. 0-2025-23;5/28/25)

   c.   Construction Plans

         Construction plans must be prepared by or under the supervision of a professional engineer registered in the State of Texas. Plans submitted for review by the city must be dated and bear the responsible engineer's name, serial number and designation of engineer, professional engineer, or P.E., and an appropriate stamp or statement near the engineer's identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city must bear the seal, signature of the engineer, and the date signed on all sheets of the plans. Public works construction in streets, alleys, or easements which will be maintained by the city must be designed by a professional engineer registered in the State of Texas.

         Copies of the construction plans and the required number of copies of the plat must be submitted to the development services engineer for review. The plans must contain all necessary information for construction of the project, including screening walls and other special features. All materials specified must conform to the Design Guidelines for Subdivision Improvements. Each sheet of the plans must contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and must clearly note the nature of the revision and the date the revision was made. The development services engineer will release the plans for construction after approval of the final plat by the commission and payment of all inspection fees. Upon such release, each contractor must maintain one set of plans, stamped with city release, on the project at all times during construction. (Ord. No. 0-2019-87; 10/8/19)

         If construction has not commenced within two years after approval of the plans, resubmittal of plans may be required by the development services engineer for meeting current Design Guidelines for Subdivision Improvements. Construction means installation of city-maintained public improvements.

   d.   Approval Criteria

      No final plat will be approved by the planning director or the planning and zoning commission or city council unless the following standards have been met:

      1.   Plat substantially conforms to the preliminary plat;

      2.   Plat conforms to requirements of the UDC;

      3.   Provision has been made for adequate public facilities under the terms of this ordinance;

      4.   Plat meets all other requirements of this ordinance; and

      5.   Plat conforms generally to the Tyler 1st Comprehensive Plan. (Ord. No. 0-2014-33; 4/23/14)

   e.   Approval Procedure

      After review of the final plat, the Planning Director must place the final plat for consideration on the agenda of a public meeting of the Commission. Minor plats not requiring a public hearing may be approved by the planning director or referred to the commission in accordance with Sec.10-630(e). In the event of disapproval, reasons for disapproval must be stated pursuant to the Texas Local Government Code or successor. (Ord. No. 0-2019-87; 10/8/19)

   f.   Appeals

      If the commission disapproves the final plat, the applicant may appeal to the city council pursuant to Sec 10-615 of this development code.

   g.   Letter of Compliance

      Upon final approval of a final plat required by these regulations, the planning director will issue to the applicant a Letter of Compliance stating that the final plat has been approved by the commission or the city council. For purposes of this division, final approval must not occur until all conditions of approval have been met.

   h.   Submittal of Computer Aided Drafting Files

      All major subdivisions plats, as defined by the City of Tyler, must be based on an on-the-ground survey using the Texas Coordinate System North Central Zone 4202 North American Datum of 1983 (adjustment of 1996). Metadata should include the combination scale factor and declination angle at a specific point on the plat and a stated basis of the established coordinate system. The subdivision plat shall show the grid coordinates of at least two opposite property corners that are monumented on the ground.

   i.   Signing and Recording of Final Plat

      It is the responsibility of the Planning Director to file the final plat with the County Clerk. Simultaneously with the filing of the final plat, the city must record such other agreements of dedication for on- or off-site easements and legal documents as required by the City Attorney. The final plat must be recorded after final approval and within 10 working days of receipt of the originals, which must include the owners' signatures, an original tax certificate, and any applicable guarantees or bonds. One copy of the recorded final plat, with street addresses assigned, will be forwarded to the property owner and others as designated by the director. (Ord. No. 0-2019-87; 10/8/19)

   j.   Effect of Approval

      Approval of a final plat will certify compliance with city regulations pertaining to the subdivision of land. An approved and signed final plat will be filed with Smith County as a record of the subdivision of land and will be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations. (Ord. No. 0-2000-11, 3-1-2000)

   k.   Exemption to Public Improvement Requirements for Certain Plats

      An exemption to the requirements for improvement, widening, and realignment of existing and proposed streets set forth in Sec. 10-156(a-c) may be allowed if the requirements of Section 10-156 (d) and (e) are met.

   l.   Dormant Applications
      Applications for subdivisions will be considered dormant after two years if no progress has been made towards responding to disapproved applications from the date of the original disapproval. (Ord. No. 0-2019-87; 10/8/19)

(Ord. No. 0-2006-19; 2/8/06) (Ord. No. 0-2016-8; 1/27/16)

   a.   Replat Required

      Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the platting of land by these regulations. An exemption to right-of-way dedication requirements in is allowed if the requirements of Sec. 10-155 (a) or (b) are met. (Ord. No. 0-2023-29; 4/26/23)

   b.   Replatting Without Vacating Preceding Plat

      A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

      1.   Is signed and acknowledged by only the owners of the property being replatted;

      2.   Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.

      3.   Is approved by the planning director, commission, or city council, as applicable.

      4.   Any replat which adds or deletes lots must include the original lot boundaries.

      5.   Plats must conform to applicable state law with regard to public notification requirements in Texas Local Government Code Sections 212.014 and 212.015, or successors. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-11, 1/11/06)

      6.   An exemption to the requirements for improvement, widening, and realignment of existing and proposed streets set forth in Section 10-156(a-c) is allowed if the requirements of Section 10-156 (d) and (e) are met. (Ord. No. 0-2006-19; 2/8/06).

The planning director may, upon petition of the property owner or developer, approve and issue an amending plat where one or more purposes for amending plats (as set forth in Texas Local Government Code Section 212.016), or successor is satisfied. Such plat amendments do not require notice, hearing, or approval of other lot owners (Ord. No. 0-2000-11, 3-1-2000).

   a.   By Property Owner

      The property owner of the tract covered by a plat may vacate, upon the approval of the planning and zoning commission, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

   b.   By All Lot Owners

      If lots in the plat have been sold, the plat may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

   c.   Criteria

      The commission will approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety, and welfare. As a condition of vacation of the plat, the commission may direct the petitioners to prepare a revised final plat in accordance with these regulations.

   d.   Effect of Action

      On the execution and recording of the vacating instrument, the vacated plat will have no effect. Regardless of the planning and zoning commission’s action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the commission. (Ord. No. 0-2000-11, 3-1-2000).

   a.   The City Council may authorize waivers or modifications from the subdivision design and improvement standards of this development code if they determine that undue hardship will result from requiring strict compliance. In granting a waiver or modification, the City Council may prescribe any conditions deemed necessary or desirable to the public health, safety, and welfare. A waiver or modification of subdivision design and improvement standards may not be grantedunless there exists a special circumstance or unique condition affecting the land involved so that strict application of the provisions of this ordinance would deprive the landowner of a substantial property right or a reasonable use of the land, and the waiver or modification would not be detrimental to the public health, safety, and welfare, nor would be injurious to other property in the area. (Ord. No. 0-2012-38, 4/25/12)

   d.   Commission decisions, including granting of waivers or modifications, may be appealed to the city council upon written notice by an applicant, an affected party, or by the city. However, any recommendation by the Planning and Zoning Commission to approve a request to waive or reduce escrow allowed or required under this ordinance shall be forwarded to the City Council for final approval, and the Planning and Zoning Commission shall only have advisory authority with regard to waiver or reduction of escrow. The City Council shall have authority to grant the request for waiver or reduction of escrow, to modify the request, or to deny such request in its entirety. (Ord. No. 0-2009-19; 3/11/09)

   f.   The planning director or the development services engineer are authorized to grant a modification to subdivision design and improvement standards in instances where the requested modification is not visually detectable and does not exceed 10 percent of the overall dimensional standard or measurement.

The Planning Director may waive the requirement that an application first have property platted before obtaining a Building Permit. In such instance, the Planning Director shall require a Pre-Plat agreement in which the applicant agrees to the following:

a.    As required by City Code Section 10-140 or successor, applicant shall be responsible for the entire cost of designing and installing all public improvements that will primarily serve the subdivision or addition.

b.    Applicant acknowledges and agrees that the property may be subject to dedication requirements, and that the applicant may be subject to the payment of fees, payment of construction costs, and/or associated escrow payments that are roughly proportionate to the proposed development.

    c.    Upon completion of the construction, remodeling or replacement of improvements on the property, and upon verification by the Building Inspection Division of the Development Services Department that all City codes have been met, including all requirements of City Code Code Chapter 10, and that a legal plat has been approved by the City of Tyler and recorded with Smith County, a Certificate of Occupancy to occupy the space shall then be issued by the City.

   d.    No Certificate of Occupancy or final inspection will be issued if an approved plat is not recorded by completion of the construction, remodeling or placement of improvements.

   e.    Pre-plat agreements shall be effective for ninety (90) days after the date of the Agreement, and will not be valid for the issuance of a Building Permit thereafter.

(Ord. No. 0-2010-20; 3/10/10)

   a.   The Planning Department may accept certain minor plats out of the main plat cycle if the purpose of the plat is limited to one or more of the following and does not require a public hearing:

      1.   Add/Correct an error in a course or distance;

      2.   Correct an error in a property description or any other type of scrivener or clerical error or omission;

      3.    Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

      4.    Relocate or remove one or more lot lines between one or more adjacent lots;

      5.   Create six or fewer lots in a subdivision under an existing plat. (Ord. No. 0-2019-87; 10/8/19)

   b.   The official responsible for accepting an application under this section must make a determination of application completeness within seven working days of the application filing. The applicant must demonstrate at the time of filing that the application meets administrative approval criteria. Should a plat not meet the administrative approval criteria, the application will be returned and the applicant must re-file during the typical Planning and Zoning Commission review cycle. (Ord. No. 0-2019-87; 10/8/19)

   c.   The approvals by City staff shall be in accordance with Texas Local Government Code Section 212.016, or successor. Such plat amendments do not require notice, hearing, or approval of other lot owners. (Ord. No. 0-2012-83; 10/12/12)

   a.   Applicants for planned district approval must prepare and submit a site development plan at the time of application for zoning for review and recommendation by the planning and zoning commission and city council. (O-2003-38, 7-23-03)

   b.   A site plan is also required for day care centers, broadcast and communication towers, and other uses where a special use permit is required.

The planning director may waive the required submission of the site development plan at the time of application, if, in the director’s opinion, a site plan is not necessary for adequate review of the requested zoning district and allowed uses. However, no building permits may be issued for any portion of a planned district until the city council, upon recommendation of the planning and zoning commission approves a site development plan for the subject property. (O-2003-38, 7-23-03).

A site development plan must be prepared in accordance with and include all items noted on the site development plan application and checklist which is kept on file in the planning department.

   a.   Where the proposed planned district zoning and the site development plan both comply with the intent and requirements of this code, the planning and zoning commission may make a recommendation to the city council that an amendment to this ordinance to establish a zoned district for the land subject to the plan be approved. (O-2003-38, 7-23-03)

   b.   Should the city council accept the recommendation of the planning and zoning commission, then the council may rezone the land covered by the site development plan.

If undeveloped, any use proposed for such properties will be required to adhere to the approved site development plan. If the property is developed, any proposed use will be required to use the existing structures.

   a.   A site development plan will be deemed void if the developer fails to follow the construction time schedule, abandon the plan, or if construction is terminated after the completion of any phase or at any stage and evidence that further development is not contemplated. In such circumstances the planning director may initiate a rezoning of the property back to the original zoning.

   b.   Should the property for which a site development plan not be rezoned, any further development of the district property will require the preparation and submittal of a new site development plan to the planning and zoning commission where it must be approved development of the property may proceed. (O-2003-38, 7-23-03)

After a site development plan has been approved and the zoning change made, adjustments or rearrangement of buildings, parking areas, entrances, heights, setbacks, or open spaces requested in writing by the developers, may be approved by the planning director if the changes substantially conform to the standards established by the Site Development Plan. (ORD. 0-97-62, 12/10/97)

Zoning Variances are intended to address unnecessary hardships or practical difficulties resulting from strict application of zoning-related standards.

Appeals to the zoning board of adjustment (ZBA) may be made by any person aggrieved or affected by any decision of the planning department in the enforcement of this development code.

   a.   Requests for variances from this ordinance must be submitted in writing to the zoning board of adjustment. Such appeal or request must be filed with the planning department and must specify the grounds thereof.

   e.   The zoning board of adjustment may authorize a variance from this development code when an undue hardship will result from requiring strict compliance. The board has the responsibility of making the findings herein below required, and must take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of such variance upon the public health, safety, convenience, and welfare in the vicinity.

   a.   No variance may be granted unless the board finds:

      1.   special circumstances or conditions affecting the land involved such that the strict application of the provisions of this development code would deprive the applicant of the reasonable use of the land

      2.   the granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.

      3.   a variance is necessary for the preservation and enjoyment of substantial property right of the applicant

      4.   the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the damages of fire or impair the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the City.

      5.   the granting of the application will not be contrary to the plan of development for the general area.

      6.   in exercising the above-mentioned powers and in determining whether the required special conditions and hardships are present, the board may consider the size and shape of the subject property, any and all financial considerations to the applicant, and any other matters that the board determines material to the application.

   b.   Such findings of the ZBA together with the specific facts, upon which the finding is based, must be incorporated into the official minutes of the meeting at which such variance is granted. Variances may be granted only when it is in harmony with the general purpose and intent of this development code so that the public health, safety, and welfare may be secured and substantial justice done.

      1.   Monetary hardship to the developer, standing alone, must not be deemed to constitute undue hardship. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02)

   a.   Notice Required

      The individual procedures of this division specify the types of public hearing notice required.

         When newspaper notice is required, it must be published in a newspaper of general circulation within Tyler at least 15 days prior to the public hearing. Whenever a procedure requires multiple hearings—one before the planning and zoning commission and one before the city council, for example—a single notice or separate notices for each hearing may be provided.

         Not less than 15 days before the date set for the public hearing, mailed notices must be sent by first class U.S. mail to all owners of real property subject to the action and to all owners of real property situated within 200 feet of the property on which the proposed action would occur as recorded on the current Smith County Appraisal District tax roll. The notification by mail of owners of property in the ETJ whose property is within 200 feet of the proposed action is provided as a courtesy to such owners and should not be construed as conferring standing to protest such action.

   b.   Content of Notice

      All public hearing notices must:

      1.   Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

      2.   Describe the property involved in the application by street address or by general description;

      3.   Describe the general nature, scope, and purpose of the application or proposal; and

      4.   Indicate where additional information on the matter can be obtained.

      5.   The applicant may submit additional information to the planning department in support of its application that will be include in whole or in part in any mailed or published notices.

   a.   Requests for variances from this ordinance that are percent of the applicable standard may be approved by the planning director.

   b.   The planning director may approve variance requests for residential setbacks from the applicable standard, and such variances are allowed by right if all of the following conditions are met:

      1. The variance request is intended to correct an encroachment of an existing structure into a setback yard; and

      2. The variance request is not meant to circumvent development standards; and

      3. The variance request is consistent with the overall plan of development of the general area. (Ord. No. 0-2013-41; 5/22/13)

The zoning board of adjustment may hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this code. In exercising its authority, the board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

   a.   Initiation

      Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, or any officer, department, or board of the city affected by the decision.

   b.   Content of Notice of Appeal

      The notice of appeal must specifically set forth all grounds for appeal.

   c.   Effect of Appeal

      An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board the facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record, after notice to the official and if due cause is shown.

The zoning board of adjustment considers whether the planning director or other administrative official’s action was appropriate considering the details of the case and the requirements contained in this unified development code. The board will make its decision based on this unified development code and the information presented to the Zoning Board of Adjustment by the applicant and the director or other administrative official.

   a.   Appeal Hearing

      The zoning board of adjustment must set a reasonable time for hearing the appeal and must give notice to the parties and to the public. Each appeal must be heard by at least 75 percent of the members of the board.

   b.   Burden of Proof in Appeals

      When an appeal is taken to the zoning board of adjustment, the director’s or other administrative official’s action is presumed to be valid. The applicant must present sufficient evidence and have the burden to justify a reversal of the action being appealed. The director may present evidence and argument to the contrary.

   c.   Findings and Conclusions

      All findings and conclusions necessary to the permit or appeal decision must be based upon reliable evidence. Competent evidence, that is, evidence admissible in a court of law is preferred whenever reasonably available. In no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

   d.   Decision on Appeal

      The board must review the application, the director’s report, conduct a hearing in accordance with the board’s established procedures and state law, and take final action on the application. It must require a concurring vote of three-fourths vote of all members of the zoning board of adjustment to overturn an administrative decision.

   a.   Appeals to the zoning board of adjustment of any determination regarding landscaping and tree preservation requirements of Article VI may be taken by any person aggrieved or affected by any decision of the planning department in the enforcement of this article. Requested variances from this code must be submitted in writing. Such appeal or request for a variance must be filed with the planning department, must specify the grounds thereof, and must be accompanied by a filing fee in an amount established by the city council and kept on file in the planning department. The planning department will transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

   c.   The zoning board of adjustment may authorize a variance from this article when an undue hardship will result from requiring strict compliance. The board has the responsibility of making the findings herein below required, and will take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity.

   a.   It is the duty of the city to enforce this code. Appeals from the decision of the planning director may be made to the zoning board of adjustment, as provided by Article VIII, Division F. Reports of non-compliance with this code should be directed to the planning department. The planning department will accept complaints from the public. Upon receipt of a complaint, the zoning inspector will investigate and, if non-compliance exists, will inform the property owner of the violation, giving a reasonable amount of time to comply. Should the owner fail to comply within the time period, the owner will be subject to a fine established by the city council and kept on file in the planning department. Notice will:

      1.   Be in writing;

      2.   Include a statement of the reason for its issue;

      3.   Allow a reasonable time for compliance;

      4.   Be served upon the owner, or agent responsible for property maintenance provided that such notice or order can be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any method authorized or required by state law; and

      5.   Will contain an outline of remedial action, which, if taken, will effect compliance with this division. At the end of such period as noted above, the Planning Director or designated enforcement officer will re-inspect, and if such conditions or practices have not been corrected, further legal action by the city may be instituted. Any person violating any of the requirements of this division may be deemed guilty of a misdemeanor and, upon conviction, may be punished by a fine in an amount established by the city council and kept on file in the planning department. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02) (Ord. No. 0-2016-76; 8/24/16)

   a.   Purpose. A Historic District Overlay is intended to establish and preserve structures, sites or areas that have outstanding historical and cultural significance. It is not intended to limit the development of undeveloped lands.

    b.   Designation. The City Council may designate sites, buildings, structures, landscapes and objects as historic districts, including the public rights-of-way in and surrounding such historic districts, by adopting a zoning district designated as the Historic District Overlay (HD-O) on the City’s official zoning map pursuant to the procedures set forth herein. Nothing contained in the designation of a property as a HD-O shall affect the use of the property, and all uses shall be governed by the zoning use districts established by the Unified Development Code. The City is divided into "Zoning Districts" which are restricted to residential use; for office, limited commercial or educational use; for commercial, mixed use or educational, industrial/manufacturing use.

    c.   Ordinance required. Each HD-O shall be designated by a separate ordinance. Such an ordinance will set forth the boundaries of a HD-O and will include regulatory standards and guidelines applicable to the district.

   d.   HD-O Criteria. A HD-O may be established to preserve areas of exemplary architectural, archaeological, cultural, or historic value provided such areas are located within an area contained within the Historic Resources Survey, when such survey conforms to survey guidelines established by the Texas Historical Commission and the National Park Service, is on file at the City and meets one or more of the following characteristics:

e.    Guidelines and regulations applicable to HD-O. Design guidelines and other appropriate regulations concerning exterior and site development or redevelopment of the HD-O may be recommended by the Historical Preservation Board and adopted by the City Council as part of the ordinance establishing the HD-O. Interior renovations are exempt from all requirements of the HD-O. Any regulation for a specific HD-O shall apply to all contributing properties or structures wholly contained within the HD-O.  As it relates to this ordinance a contributing property or structure is one that by location, design, setting, material, workmanship, feeling and association adds to the district’s sense of time and place and historical development. All new additions, exterior alterations or related new construction for non-contributing properties or structures wholly contained within the HD-O must conform and be contextual as it relates in scale, mass, placement and materials to the surrounding properties.