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.

(Ord. No. 0-2021-23; 3/24/21)

Sec. 10-420 - 429. Reserved

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. 10-431- 439. Reserved

DIVISION I. RESERVED