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a. Application
An application for a permit authorizing a project including the use of roof lighting must include a roof lighting plan containing sufficient information to determine whether the roof lighting, if installed as proposed, will meet the standards and intent of this division.
b. Roof Lighting Standards
1. All bulbs or tubing must be encased so that the bulb is not naked and that direct glare is prevented.
2. Lights may not run along the highest peak of a roof line, except where perimeter lighting around the top of a flat roof is allowed.
3. Roof lighting that qualifies as a sign under this code is prohibited.
a. Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other lot is prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds the requirements of this section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
b. Lighting must not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
DIVISION K.
Outdoor Sales, Storage, and Display
Outdoor Sales, Storage, and Display
a. Outdoor storage of equipment, materials, and merchandise for sale on the premises is permitted in the C-2, PCD, PMXD-1, PMXD-2, M-1, and M-2 zones, unless otherwise prohibited by ordinance.
b. A Temporary Use Permit (TUP) must be obtained for outdoor storage of equipment, materials, and merchandise for sale on the premises in the DBAC district.
c. The planning director has the authority to grant a temporary permit, with conditions, for outdoor sales and display of merchandise in zoning districts where such is not permitted.
d. Outdoor storage of equipment, materials, or merchandise not actively offered for sale shall be surrounded by an opaque screen which restricts their view from the public.
e. Areas used for outdoor storage or display shall be maintained so that excessive dust, fumes or odors will not be produced by continued use.
f. No manufacturing, assembly, repair, or work activity, other than permitted storage or sales, shall take place outside the confines of an enclosed building.
g. Such outdoor display of merchandise may not occupy areas needed for parking or on-site vehicle maneuvering.
h. No required parking spaces or loading areas shall be used as a display or sales area.
i. Public sidewalk or street right-of-way shall be used for display upon the issuance of a Temporary Use Permit
j. No outdoor storage area or required open space for one building may be count toward the required open space, yard, or area for any other building or other use.
k. Requirements in addition to those of this section will be applied to outdoor storage and display of merchandise at gasoline service stations pursuant to Sec. 10-68. (Ord. No. 0-2010-20, 3/10/10)
A commercial establishment offering for sale, lumber, building supplies, tools, home improvement materials and related items, where the materials are stored within a building, or if stored outdoors, all supplies and commodities are stored behind a solid screening wall which is located on, or back of the required building line, and where the supplies and commodities are not stacked or arranged so as to extend above the top of the screening wall.
Open-air sales lot, established for temporary periods for the sale of seasonal commodities such as Christmas trees, lawn and garden supplies, etc. Temporary outdoor sales are permitted through issuance of a temporary use permit (TUP) for a specific period of time, or in some cases, through issuance of a special use permit (SUP) authorizing extended outdoor display. (Ord. No. 0-2010-20, 3/10/10)
a. All tents must comply with fire department regulations.
b. Within all office, commercial, and industrial districts; not to exceed a cumulative total of 30 days per lot per calendar year.
c. Seasonal tents used for nurseries, tree lots, or similar type uses, may be approved up to 90 days (maximum of two permits per calendar year per lot) at the discretion of the planning director.
d. Any other attention gathering devices within all zoning districts; location and duration will be at the discretion of the planning director.
Sec. 10-454. Outdoor Transient Vendors (including Mobile Food Vendors)
An outdoor transient vendor is a person, or the agent, consignee or employee of a person, who at a fixed location within the city engages in the temporary display, exhibition or delivery for the sale or offering for sale of any goods or services, including animals, with the intent of discontinuing such use upon the expiration of a time period not to exceed a maximum of 60 days, provided this time period shall not apply to Mobile Food Units. Outdoor transient vendor sales are not allowed in residential districts. The outdoor transient vendor regulations do not apply to vendors that are acting with the permission of a business at a fixed location, if such vendor sales occur at that fixed location and if such vendor sales are associated with that business’s primary type of good or services sold. Any person receiving an outdoor transient vendor permit related to the sale or offering for sale of animals shall comply with the vaccination requirements set forth in Tyler City Code Section 14-30 or successor, as applicable, and must be able to show proof of such vaccinations upon request . An outdoor transient vendor must obtain an outdoor transient vendor permit by making application to the Planning Department prior to engaging in such activity. The outdoor transient vendor regulations in this section do not apply to fruit/vegetable stands, fruit/vegetable sales (roadside), the giving away of animals at any location, or the sale of animals at private residences. (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2014-113; 12/10/14)
a. Transient Vendor Application
Outdoor transient vendor permits are subject to approval of the Planning Director. A copy of said permit must be displayed prominently at the location.
b. General Requirements
a. Outdoor transient vendor sales may only be allowed in C-2, DBAC, PCD, PMXD-1, PMXD-2, INT, M-1 and M-2 zoning districts. Mobile Food Units may obtain a transient mobile food vendor permit for a C-1 zoning district only if the property has received a special use permit to operate a Food Truck Park
b. Each lot is allowed only one outdoor transient vendor at a time. This does not apply to Mobile Food Units at Food Truck Parks.
c. A maximum of two permits for no more than 30 consecutive days each per calendar year per lot/contiguous tract is allowed. Mobile Food Units shall be issued a Mobile Food Vendor Permit for a maximum period of one year from date of approval. (Ord. No. 0-2012-83; 10/10/12) (Ord. No. 0-2014-113; 12/10/14) (Ord. No. 0-2024-68; 7/24/24)
4. Outdoor transient vendors can occupy parking spaces, but only if the minimum number of parking spaces required under this Chapter for the existing business remains available for patrons to park their vehicles.
5. Outdoor transient vendors are not permitted on lots without a principle structure or use that has approved off-street parking and commercial driveways.
6. Transient Mobile Food Units must comply with Section 10-76 of this Chapter. (Ord. No. 0-2014-113; 12/10/14)
c. Penalties
Violation of any provision of this division, or violation of any term, condition, requirement, or duration of an outdoor transient vendor permit issued under this division, is unlawful and shall subject the violator to the penalties set forth in this chapter.
d. Suspension/Revocation
In addition to the penalties listed in subsection C above, an outdoor transient vendor permit may be revoked or suspended by the planning director with appeal to the Board of Adjustment within 10 days of the revocation or suspension.
e. Enforcement
Planning Department personnel, Police Department personnel and Code Enforcement Department personnel have full and complete authority to enforce the provisions of this section to outdoor transient vendors, and have authority to issue citations for violations thereof. The Local Rabies Control Authority or designee, and Animal Control Officers, have full and complete authority to enforce the provisions of this section related to the sale or offering for sale of animals, and have authority to issue citations for violations of such provisions. (0-2003-38, 7/23/03) (0-2003-61, 11/26/03) (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2016-76; 8/24/16)
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