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Tyler Overview
Tyler, Texas Code of Ordinances
CODE OF ORDINANCES CITY OF TYLER, TEXAS
PREFACE
ADOPTING ORDINANCE
Checklist of Up-to-Date Pages
CHARTER*
Chapter 1 GENERAL PROVISIONS
Chapter 2. FINANCE AND TAXATION
Chapter 3 PERSONNEL/CIVIL SERVICE/TMRS
Chapter 4 OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 5 YOUTH PROGRAMS STANDARD OF CARE
Chapter 6 BUILDINGS AND STRUCTURES*
Chapter 7 COMMUNITY DEVELOPMENT
Chapter 8 PARKS
Chapter 9 LIBRARY
Chapter 10 TYLER UNIFIED DEVELOPMENT CODE
ARTICLE I. INTRODUCTORY PROVISIONS
ARTICLE II. ZONING DISTRICTS
ARTICLE III. USE REGULATIONS
ARTICLE IV. SUBDIVISION DESIGN AND IMPROVEMENTS
ARTICLE V. STREETS AND THOROUGHFARES
ARTICLE VI. DEVELOPMENT STANDARDS
DIVISION A. Landscaping and Tree Preservation
DIVISION B. Bufferyards
DIVISION C. Fences and Walls
DIVISION D. Screening
DIVISION E. Off-Street Parking and Loading
DIVISION F. Accessible Parking Requirements
DIVISION G. Parking Design and Construction Standards
DIVISION H. Sign and Billboard Regulations
DIVISION I. RESERVED
DIVISION J. Outdoor Lighting
DIVISION K. Outdoor Sales, Storage, and Display
ARTICLE VII. ENVIRONMENTAL REGULATIONS
ARTICLE VIII. DEVELOPMENT APPROVAL PROCEDURES
ARTICLE IX. PERMITS
ARTICLE X. ADMINISTRATION AND ENFORCEMENT
ARTICLE XI. HISTORIC PRESERVATION
ARTICLE XII. ANNEXATION
ARTICLE XIII. DEFINITIONS
Chapter 11 RESERVED.
Chapter 12 AIRPORT AND TRANSIT
Chapter 13 RESERVED.
Chapter 14 ANIMALS
Chapter 15 FRANCHISES
Chapter 16 SOLID WASTE DISPOSAL REGULATIONS
Chapter 17. STREETS AND TRAFFIC
Chapter 18 CODE ENFORCEMENT
Chapter 19 UTILITIES
Chapter 20. OIL AND GAS
STATUTORY REFERENCE TABLE
CODE COMPARATIVE TABLE
CHARTER INDEX
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DIVISION A.
Landscaping and Tree Preservation
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. 10-291.   Reserved
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. 10-293.   Reserved
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)
 
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