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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
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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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:
   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:
      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;

   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. 10-347-349 Reserved.
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