Sec. 10-388. Loading Docks Adjacent to Residential Areas

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a residentially zoned district, must be designed and constructed so that the loading operation is visually screened, in order to reduce the effects of the noise of the operation on adjacent residences.

Sec. 10-389. Drive-Through Stacking Requirements

   a.   Purpose

      These regulations are intended to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on nearby residential uses.

   b.   Applicability

      1.   The regulations of this section apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility.

      2.   The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities.

      3.   Any use in any district that has drive-through lanes and windows must provide sufficient space on site for vehicles to queue while customers is being served, placing an order, or waiting to place an order or to receive service.

   c.   Parts of a Drive-Through Facility

      A drive-through facility is composed of two parts:

      1.   The stacking lanes, the space occupied by vehicles queuing for the service to be provided; and

      2.   The service area, where the first point of service occurs. The following activities are considered points of service: menu boards, service windows, gas pumps, air compressors, vacuum cleaner stations.

   d.   Setbacks and Landscaping

      1.   Service points and stacking lanes on lots abutting RE, R-1A, R-1B, R-1C, R-1D, R-2, PUR, and PXR-zoning districts must be set back at least 80 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322. (Ord. No. 0-2014-97; 10/22/14)

      2.   Service points and stacking lanes on lots abutting office and mixed-use zoning districts must be set back at least 30 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322.

      3.   If the service points and stacking lanes are within 50 feet of and visible from the roadway, they must be set back at least 20 feet from the right-of-way and landscaped in accordance with the bufferyard planting standards of Article VI, Division B.

   e.   Exceptions

      A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.

   f.   Site Plan Required

      The development site plan must show the location and dimensions of the following:

      1.   Driveways;

      2.   Stacking lane, including lane markings;

      3.   Drive aisle between stacking land and on-site parking areas;

      4.   Service points (including menu boards and service windows);

      5.   Associated facilities (including communications systems and access aisles);

      6.   Adjacent residential uses.

   g.   Stacking Lane Design and Layout

      1.   Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation.

      2.   Stacking spaces must be nine feet wide by 20 feet long.

      3.   All stacking lanes must be clearly identified, through such means as striping, landscaping, pavement design, and signs.

      4.   Stacking starts at first stopping point.

      5.   Layout must provide for a minimum nine feet wide escape lane allowing motorists to exit the stacking lane before reaching the drive-thru window. (Ord. No. 0-2010-119; 11/10/10)

 

 

                     Example Layouts

      6.   Stacking spaces necessary for the provisions of drive-through lanes shall be determined using the following table:

Table 10-389 Required Stacking Spaces

Type of Facility	Inbound Vehicles	Outbound Vehicles
Drive-in bank	2 spaces per service position	1 space per service position
Drive-in beverage, food sales / pharmacies	4 spaces per service position	1 space per service position
Laundry / Cleaners	3 spaces per service position	1 space per service position
Attendant car wash	10 spaces per service to wash line	6 spaces between end of wash stall and other circulation lane
Automatic car wash	3 spaces per service position	1 spaces per service position
Automatic car wash as an accessory use	2 spaces per service position	1 spaces per service position
Service station	4 spaces per aisle	1 space per aisle
Gatehouse (residential)	<50 lots = one space per ten lots; > 50 lots = five spaces	1 space

(Ord. No. 0-2010-119, 11/11/10) (Ord. No. 0-2016-76; 08/24/16)

   h.   Noise

      Speakers associated with drive-through facilities may not be audible from abutting residential zones or any abutting lots occupied by residential uses. Sound attenuation walls, landscaping or other buffering measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses.

   i.   Interpretation and Appeal

      If questions of interpretation or the application of the requirements of this division to a particular land use or occupancy of a structure arise, the planning director in coordination with the development services engineer must, based on findings of fact, make a determination of the off-street parking, loading, or access requirements. A property owner if not satisfied with the director's determination, may appeal such determination to the zoning board of adjustment under the variance procedure.

Sec. 10-390 - 399. Reserved

DIVISION H. Sign and Billboard Regulations

Sec. 10-400. Purpose

The purpose of this section is to regulate signs and billboards in the City of Tyler according to the provisions of this chapter for the following purposes:

   a.   To protect property values;

   b.   To preserve the beauty and unique character of the community and the surrounding area;

   c.   To implement the goals and objectives of the Tyler 1st Comprehensive Plan related to the function, design, and appearance of commercial areas, gateways to the city, highways and arterial roadway corridors, and commercial corridors; (Ord. No. 0-2014-33; 4/23/14)

   d.   Are maintained properly to avoid creating safety risks due to abandonment, collapse, decay, deterioration, and fire;

   e.   Enhance the appearance of the city by avoiding clutter and by not interfering with scenic views or character of certain city areas; (Ord. No. 0-2024-68; 7/24/24)

   f.   To promote and aid in the tourist industry which is of significant importance to the local economy;

   g.   To protect the public from damage and injury that may be caused by the uncontrolled location and faulty construction of signs;

   h.   To protect pedestrians and motorists from damage and injury caused or partially attributable to the distractions, obstructions and visual clutter which are the result of improperly situated signs; and

   i.   To promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic.

Sec. 10-401. General Sign Regulations

   a.   The regulations governing the size, height, number, location, and placement of signs herein are calculated to ensure that all private, public, institutional, commercial, and industrial facilities located in the city have the right to display adequate signs consistent with the need to identify the facility, advertise the location, and indicate services and products available on the premises.

b.    Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. (Ord. No. 0-2016-76; 08/24/16)

c.   If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Division is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Division. (Ord. No. 0-2016-76; 08/24/16).

   d.   Except where noted: in this section, all signs erected within the city will be subject to the following general requirements:

      1.   Signs are permitted within zoned districts in a manner specifically authorized by this section.

      2.   In order to erect signs or display advertising permanently outdoors legally, a permit must be first obtained from the building official, except where noted. In the case of temporary signs or special promotional advertising, a temporary use permit (TUP) is required as per Article IX, Division B.

      3.   Electric signs, section signs, and outline lighting must be erected or installed by a State Licensed Electrical Sign Contractor. The company's municipal registration to erect signs with the city shall be filed with the City of Tyler Development Services Department. Additionally, a sign contractor who erects or installs electric signs, section signs or outline lighting must have a valid Master Electrician's license or a Master Sign Electrician's license on staff to perform work on any electric sign. All electrical signs and outline lighting shall be listed and installed according to the City adopted building codes. (Ord. No. 0-2010-119, 11/10/10)

      4.   No sign base or support structure of any sign type is allowed in the public right of way in any zoning district.

           

 

5.    Multi-tenant signs, in accordance with the an approved Master Signage Plan, may utilize one roof sign constructed of individually cut lettering and/or graphics without backing panel per frontage in lieu of allowable freestanding signage provided that the sign does not exceed ten percent of the width of the overall building façade and protrude four feet above the midpoint of the principal roof line of a pitched roof or the top of a mansard roof or flat roof for any building or structure. Roof signs shall otherwise be prohibited. Facade signs shall be allowed for each tenant that has a direct, outside entrance or storefront. Sign placement is limited to the extent of the bay or storefront. (Ord. No. 0-2016-76; 08/24/16)

      6.   Permanent signs and other forms of outdoor advertising may not be located in or permited to project into the public right-of-way, except as provided in this section. (Ord. No. 0-2010-20, 3/10/10)

      7.   Each sign base or support must be erected on private property and not public right-of-way.

      8.   Signs that are historically designated shall not be counted towards maximum sign allowance.

   e.   e.Advertisement will be allowed on the windows of Tyler Transit vehicles subject to approval by the City of Tyler and Tyler Transit.

(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/2011) (Ord. No. 0-2016-76; 08/24/16) (Ord. No. 0-2019-62; 8/14/19)

Sec. 10-402. Exempt Signs

The following signs are exempt from regulation under this code:

   a.   Any public notice, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

   b.   Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;

   c.   Works of art that do not include a commercial message;

   d.   Holiday lights and decorations with no commercial message, except in multi-family and non-residential districts;

   e.   Decorative landscape lighting only;

   f.   Traffic control signs on private property, such as Stop, Yield, and similar signs that meet U.S. DOT or TXDOT standards;

   g.   Address and postbox numerals conforming to incidental sign regulations;

   h.   Government signs erected by the city, county, state, or federal government in furtherance of their governmental responsibility;

   i.   Legal notices;

   j.   Memorial signs or tablets and building markers displayed on public or private buildings and tablets or headstones in cemeteries; and

   k.   Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance.

   (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-20, 3/10/10)