ARTICLE XIII. DEFINITIONS

a. The city council may extend the city limits and annex additional territory lying adjacent to the city by passing an ordinance setting forth the metes and bounds of the area sought to be annexed, declaring the territory within the defined boundaries to be a part of the city, and ordering it subject to all of the rules and regulations applicable to the city in accordance with state law.

b. An applicant(s) seeking annexation pursuant to Section 43.028, Texas Local Government Code, or successor, must file a petition with the planning department containing the following information and conforming to the following requirements:

1. A metes and bounds description of the tract to be annexed.

2. A list of all qualified voters who reside on the tract.

3. The petition must be signed by each owner.

4. Each owner's signature must be acknowledged in the manner required for deeds.

5. The application must be accompanied with a plat of the tract to be annexed, drawn to scale, which must:

(a) Identify the ownership of each parcel of land;

(b) Show any public ways within or bounding the tract;

(d) Show the existing City limits boundaries.

6. Information required for original zoning.

7. The application must be accompanied with a filing fee in an amount established by the city council and kept on file in the planning department. (Ord. 0-97-2, 1/22/97)

Sec. 10-801. Annexation Goals and Policies

Texas cities derive their annexation authority from state law.

As a home rule city, Tyler has the right to annex voluntarily or involuntarily any area within its extraterritorial jurisdiction (ETJ) or any city-owned property, subject to State law requirements. The ETJ includes the unincorporated area within five miles of the city limits, excluding any area that is legally existing in the ETJ of another city. Within its ETJ, the city also has the right to approve the creation of other political jurisdictions, and enforce its subdivisions.

Annexation is one of the most important tools available to cities in Texas to determine their future. In recognition of that fact and based upon the authority outlined above, the city adopts the following annexation goals and policies. Because the parameters bearing on specific annexations and boundary adjustments vary so considerably, these goals and policies are intended as flexible guidelines to be followed rather than as absolute mandates. Also, the intent of all the policies together should be considered rather than one policy individually. (Ord. No. 0-2005-22, 3/23/05)

a. Goal I: Preserve the city's range of annexation options

The authority granted to Texas home rule cities to fix and extend their boundaries and to exchange areas with other municipalities is very broad. The city should exercise that authority when appropriate and vigorously oppose any effort to reduce it.

1. Policies

(a) The city may, at its discretion, annex any lands within its exclusive ETJ in accordance with state laws and the City Charter.

(b) The city should consider annexation for the purpose of enforcing health and safety regulations and improving the quality of life.

b. Goal II: Promote orderly growth and provision of municipal services

Within unincorporated areas in Texas, there are very limited development controls. Annexation of areas facing development pressures can ensure proper land use relationships and high standards of construction through the Tyler Unified Development Code and building codes, thereby assuring adequate health and safety standards and averting costly future problems for the city.

When a major city remains viable, it can usually provide more services and a higher level of service than can a smaller community. This is particularly true in the Tyler metropolitan area where the city is so much larger than the other incorporated cities. Because of its size, the city expends considerable resources planning for development and major thoroughfares within its ETJ. Annexation allows the city to enjoy the benefits of that investment in planning.

1. Policies:

(a) The city should consider annexing areas facing the prospect of development as a means of effectively controlling the quality of growth through the extension of the city's zoning and other regulations.

(b) The city should annex city-owned property when appropriate as soon as possible after acquisition.

c. Goal III: Enhance the city's fiscal position

As the major city and cultural center of the region, the city provides and supports many services which are available to residents of unincorporated areas, as well as to those within the city limits. Annexation provides a means for the city to recoup partially the costs of these services.

Annexation also provides a means for the city to avoid a dwindling tax base. Unlike many states, Texas cities have considerable authority to annex adjacent unincorporated areas. There is a very good reason for this. In parts of the nation, where cities are unable to annex, there is a tendency for those who can afford to do so to escape city taxes and problems in favor of the suburbs. The result is that such cities are abandoned to their poorer citizens, with their needs growing while their resources diminish. While inner city housing ages and depreciates in value, new housing occurs primarily on the city fringe, primarily outside the city limits. Commercial and industrial centers then follow the population trend away from the center city. Without annexation, the city could be faced with decreasing rather than increasing resources.

By retaining control over its planning area, the city can plan for the most efficient design and use of its infrastructure, particularly its utilities and major thoroughfares. Annexation can also prevent or inhibit the further fragmentation of government, thereby reducing the total cost of government for citizens in the region decreasing the difficulties of resolving multi-jurisdictional problems.

1. Policies

(a) The city should consider annexation to protect the city's fiscal viability by extending its tax base for ad valorem taxes, including both real and personal property, and sales taxes and to maintain the city's bond rating.

(b) The city should consider annexing nonresidential areas as a means of maximizing the city's investment return.

(c) Areas which are in need of municipal services, but would create a fiscal liability to the city, should be annexed in conjunction with other areas which would generate offsetting revenue surpluses.

(d) Cost-revenue analyses for prospective annexation areas should be estimated for at least 10 years after annexation. Identified capital costs should include estimated debt service as determined by the Finance Department.

(e) Annexation costs should be considered budgetary mandates.

(f) Areas to be annexed are eligible to receive city water and sewer services as provided in the Tyler Code.

(g) The city should consider annexation to extend its ETJ to provide development controls to areas it deems are in need of such controls.

(h) The city should oppose the creation of additional cities, special purpose districts, and water or wastewater utilities within its ETJ unless the city determines it is not responsible and cost effective to provide the necessary services.

(i) The city may annex areas to preclude the creation of other political jurisdictions.

(j) The city should consider the following criteria prior to releasing any portion of its corporate limits or ETJ to another city:

(1) There should be an exchange of areas of equivalent value with the other jurisdiction;

(2) The other city should have adequate land use controls (as determined by the city) to protect the subject area and provide assurances that these controls will remain in effect;

(3) The existing city limit or ETJ is not a logical planning boundary;

(4) Potentially significant negative fiscal impacts on the city's budget will not result if the area is released; and

(5) The area does not contain environmental resources in need of city protection.

d. Goal V: Maintain a Systematic Annexation Process

The process by which unincorporated areas are selected for annexation should be clearly understood and designed to predict when a particular area will be annexed with some degree of certainty. Such a process would assist in providing timely extensions of public infrastructure systems and in estimating city revenues. Property owners would also benefit by knowing when their properties will receive municipal services and when taxes will be assessed.

1. Policies

(a) Annexation and disannexation petitions should be considered on an individual basis and referred to the city attorney for a determination of sufficiency as to form and legality.

(b) In accordance with state law, the city will prepare an annexation plan identifying prospective annexation areas for the next three years. The plan will be amended as needed. (Ord. 0-97-2, 1/22/97); (Ord. No. 0-99-94, 12/15/99)

Sec. 10-802. City Limits in 2004

Section 41.003 of the Texas Local Government Code provides that an irrebuttable presumption attaches to the inclusion within the city of any area that has been functionally a part of the city for 20 years. City records indicate that the area designated in the Exhibit "A" which is attached to the ordinance adopting this section has been a part of the city for at least the preceding 20 years and the city has provided municipal services, including police protection, to the area and has treated the area as part of the city during the preceding 20 years. City records also indicate that there has not been a final judicial determination during the preceding 20 years that the area is outside of the boundaries of the city, and that there is no pending lawsuit that challenges the inclusion of the area as part of the city. Therefore, the City Council finds that the requirements of state law for inclusion of the area have been met and the inclusion of the area designated in Exhibit A is not contestable. (Ord. O-2007-73, 06-19-07) (Ord. No. 0-2010-37; 4/28/10) (Ord. No. 0-2011-11, 2/9/11) (0-2011-24, 4/27/11) (Ord. 0-2011-32, 5/11/11) (Ord. 0-2011-36, 5/25/11) (Ord. No. 0-2011-62, 8/24/11) (Ord. 0-2011-63, 8/24/11) (Ord. 0-2012-12, 2/22/12) (Ord. 0-2012-16, 3/28/12) (Ord. 0-2012-43, 5/23/12) (Ord. 0-2013-15, 2/27/13) (Ord. 0-2014-9, 1/22/14) (Ord. 0-2015-18, 1/28/15) (Ord. 0-2016-9, 1/27/16) (Ord. 0-2017-14, 1/25/17) (Ord. 0-2018- 7; 1/24/18) (Ord. 0-2019-10; 1/23/19); (Ord. 0-2020-13; 1/22/20); (Ord. 0-2021-10; 1/27/21); (Ord. 0-2022-10; 1/26/22)(Ord No.0-2023-18; 2/22/2023) (Ord. No. 0-2024-12; 1/24/24) (Ord. No. 0-2025-3,1/22/25)

Sec. 10-803 – 899. Reserved

ARTICLE XIII.
DEFINITIONS

DIVISION A.
Definitions

Abandonment

To cease or discontinue a use or occupancy for six months or longer, but excluding temporary or short-term interruptions to a use or occupancy during periods of sale or transfer, remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abbreviated Drainage Plan

A layout of drainage facilities and other elements of a proposed development.

Abut

Sharing property line or common border or a portion of a property line or common border. (Ord. No. 0-2012-38; 4/25/12)

Access

A way or means of approach to provide physical entrance to a property.

Accessory Structure

A structure that: is:

1. clearly incidental and subordinate to and serves a principal building;

2. subordinate in area, extent, or purpose to the principal building;

3. contributes to the comfort, convenience or necessity of occupants of the principal building; and

4. located on the same lot as the principal building. Accessory buildings include any and all parking garages and in a residential district, garages for automobile storage, tool houses, greenhouses, home workshops, children's playhouses, storage houses or garden shelters.

Accessory Use

A use that is:

1. clearly incidental to and customarily found in connection with the principal use;

2. subordinate to and serves the principal use;

3. subordinate in area, extent, or purpose to the principal use served;

4. contributes to the comfort, convenience, or necessity of the occupants, business, or industry involved in the principal use; and

5. located on the same lot as the principal use.

Adaptive Reuse

The development of a new and different use for an older building or for a building originally designed for a special or specific purpose.

Adequate Public Facilities

Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the City Council based upon specific levels of service.

Adjacent

Adjacent refers to lots which directly touch. Lots separated by a street do not apply. (Ord. No. 0-2011-45, 6/8/11)

Adjoining

Properties and/or structures, having direct contact by sharing a common border or wall with no other separation. Contiguous.

Adult Arcade

Any place to which the public is permitted or invited where coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult Bookstore or Adult Video Store

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult Cabaret

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

1. Persons who appear in a state of nudity; or

2. Live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities"; or

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Motel

A hotel, motel or similar commercial establishment which:

1. Offers, as its principal business, accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

3. Allows a tenant or occupant of a sleeping room to sublease the room for a period of time that is less than ten (10) hours.

Adult Motion Picture Theater

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Affixed

In the context of the sign regulations, fastened, joined, or attached to in any manner, temporarily or permanently.

Agricultural Products Processing Plant

An industrial facility which involves the operations of processing, preparing or packaging agricultural products which are not grown on the site.

Airport

A transportation facility for the landing or take-off of aircraft, usually equipped with hangars, facilities for refueling and maintenance of aircraft, and various accommodations for passengers, the location and operation of which has been approved by the City as an aircraft landing facility, and subject to the Federal Aviation Administration's requirements for safety and the airport securing air space utilization from the FAA.

Air gap
A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. (Ord. No. 0-2009-19; 3/11/09)

Air Rights

The ownership or control of all land, property, and that area of space at and above a horizontal plane over the ground surface of land used for railroad or right-of-way purposes. The horizontal plane must be at a height that is reasonably necessary or legally required for the full and free use of the ground surface.

Alcoholic, Narcotic or Psychiatric Patient Care Center

A health care facility, public or private, specializing in outpatient treatment for alcohol and drug abuse, or psychiatric problems.

Alley

A public or private service way which provides only a secondary means of public access to property abutting thereon and not intended for general traffic circulation.

Alteration

Any change, addition, or modification in the construction or occupancy of an existing structure.

Alteration, Structural

Any external or internal change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, or in the dimensions or configuration of the roof or exterior walls.

Amended Plat

A revised plat correcting errors or making minor changes to the original recorded final plat.

Amusement Center - Commercial (Indoor)

A commercial facility offering entertainment to the public for a fee where all activity takes place indoors. Such facilities include video games, pin ball and like coin-operated games and equipment. An arcade.

Amusement Park - Commercial (Outdoor)

A commercial facility providing entertainment to the public for a fee where most or all of the activity takes place outdoors. Such facilities include, rides, games, concessions, exhibits and the like.

Annexation

The incorporation of land area into the city with a resulting change in the city limit boundaries.

Animal Exhibition

A collection of animals for display to the public. An animal exhibition does not include the sale, breeding or butchering of animals.

Animal Park

A public or private facility, providing containment and housing of live animals, displaying such in a park like setting, which attempts to duplicate a more natural environment than that offered by a conventional zoo. Such a facility seeks to maximize interaction between animals and humans. The facility may be open to the public, may charge admission or may be for the promotion of some other enterprise.

Animal Pound/Shelter

A facility, public or private, including outside runs, for the enclosure of stray or unlicensed pets.

Animation

The presentation of pictorials and graphics, displayed in a progression of frames which give the illusion of motion.

Antenna

Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, external to, or attached to, the exterior of any building, including the supporting structure; e.g. amateur radio antennas, television antennas and satellite receiving dishes.

Antenna Support Structure

Any structure, mast, pole, tripod, box frame, or otherwise tower utilized for transmission, retransmission, or reception of electromagnetic, radio, cellular, or microwave signals.

Antique Mall

A commercial establishment offering for lease individual spaces or stalls inside a building, where independent dealers may display their antiques for sale.

Antique Shop, Antique Sales (Indoor)

A commercial establishment displaying and offering for sale within a building articles such as glass, china, furniture or similar furnishings and decorations, which have value and significance as a result of age, design or sentiment. All display and storage of items is to be enclosed within a building.

Apartment

A room or suite of rooms in a multi-family dwelling or apartment house, arranged, designed, or occupied as a place of residence by a single-family, individual, or group of individuals and constituting a dwelling.

Apartment House

Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units. See Dwelling, Multi- Family.

Appeal

1. An appeal of the Planning Director’s interpretation of this chapter; to be heard by the Board of Adjustment; or

2. a request for a review of the Floodplain Administrator's (Development Services Engineer) interpretation of the flood plain provisions or variance therefrom;

(Ord. No. 0-2006-98, 11/21/06)

Appliance (Household) Repair Shop

A commercial establishment providing repairs of household and home equipment, such as electrical appliances, lawnmowers, tools and similar items.

Applicant

The owner of land proposed to be subdivided or its representative who must have express written authority to act on behalf of the owner. Consent is required from the legal owner of the premises.

Archery Range

A recreational facility designed and constructed for the practice and teaching of archery, and operated by a public agency, quasi-public or private organization. No discharge of firearms permitted.

Area of shallow flooding

A designated AO, AH or VO Zone on the City’s Flood Insurance Rate Map (FIRM) with a one (1) percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard

The land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Insurance Rate Map (FIRM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AE, AH, AO, A99, VE or V. (Ord. No. 0-2008-43; 4/23/08) (Ord. No. 0-2008-130; 9/24/08)

Art Gallery/Studio (Commercial)

A commercial establishment involved in the production, exhibition and sale of works of art, such as paintings and sculpture.

Art Gallery, Museum (Public)

A public facility for the display of objects of art or science which is sponsored by a public or quasi-public agency and which admission is open and available to the public.

Asphalt or Concrete Batching Plant (Permanent)

An industrial manufacturing facility for the storage and mixing of materials for concrete or for asphaltic surfacing, in which facilities are established on a permanent basis.

Asphalt or Concrete Batching Plant (Temporary)

An industrial facility for the storage and mixing of materials for concrete or for asphaltic surfacing, which is located on a temporary basis to service specific construction projects, and which is to be removed on completion of the project(s).

As Of Right

A use allowed in a particular zoning district without the issuance of a special use or temporary use permit.

Atmospheric Vacuum Breaker

An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back-Siphonage Prevention Assembly. (Ord. No. 0-2009-19; 3/11/09)

Authorized Agent

An architect, attorney, builder, developer, realtor, lessee, or other person empowered to act on behalf of other persons. An authorized agent may represent the owner of real property before the planning and zoning commission, city council or the zoning board of adjustment. (O-2003-38, 7-23-03)

Automated Teller Machine (ATM)

A self-service, electronic device employed by a financial institution to dispense funds and accept deposits automatically. An ATM may be located at the office of the financial institution, in stores, shopping malls, office buildings, etc., or may be housed in a small kiosk.

Automatic Dimmer

A device that automatically decreases the brightness of the lighted message by 50% from the daytime brightness level.

Automobile

A four-wheeled self-propelled vehicle designed for passenger transportation.

Automobile Glass, Muffler or Seatcover Shop: A commercial establishment providing automotive services and specializing in the assembly, fitting and installation of glass, seatcovers or mufflers in automobiles as a primary activity.

Automobile/Motor Vehicle Repair, Minor

Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; performance of minor motor services such as lubrication, oil, spark plug, and filter changing; tune-ups; emergency road service, replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of vehicle air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles. Such activities do not include any operation identified under "Automobile Repair, Major" or any other similar use. Minor automobile repairs are usually provided as part of a commercial enterprise.

Automobile Repair Garage

A commercial establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles, which may include temporary storage of such vehicles.

Automobile/Motor Vehicle Repair, Major: General repair or reconditioning of engines, air- conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; and all those activities listed under "Automobile Repair, Minor"; and other similar uses. Major automobile repairs are usually provided as part of a commercial enterprise.

Automobile Rental or Leasing Agency

A commercial establishment providing automobiles and light trucks for rent or lease, including the storage of such vehicles awaiting lease.

Automobile/Truck Auction

A commercial facility for the storage and sale of automobiles, trucks and other motor vehicles to the highest bidder.

Automobile/Truck Painting or Body Rebuilding Shop

A commercial establishment involved in restoring auto and truck bodies, including painting and refinishing.

Automobile/Truck or other Vehicle Dealership

A commercial establishment involved in the display, sale and servicing of motor and non-motorized vehicles, both new and used, including automobiles, trucks, motorcycles, recreational vehicles and travel trailers, etc.

Auto Parts and Accessories Store

A commercial establishment retailing automotive parts and accessories, with no on-premise installation or repairs performed.

Auto Parts and Accessories, Repair and Installation Store

A commercial establishment retailing automotive parts and accessories with on-premise installation and minor repairs being performed; e.g., a tire store.

Auto Parts Sales (Outdoor)

A commercial use of any land area for the display and sale of new or used parts for automobiles, trucks, vans, trailers, or recreational vehicles.

Awning

An architectural projection that provides weather protection, identity, or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a rigid covering is attached. (Ord. No. 0-2009-70; 6/10/09)

Backflow prevention

The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. (Ord. No. 0-2009-19; 3/11/09)

Backflow prevention assembly

Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. (Ord. No. 0-2009-19; 3/11/09)

Bakery or Confectionery Shop (Retail)

A commercial establishment involved in baking and retailing baked goods, or in preparing, baking and retailing candy or other sweets. All goods baked, cooked or prepared on the premises are to be sold at retail on the same premises.

Bank, Savings and Loan or Credit Union

A commercial or non-profit financial institution and its offices, whose primary purpose is the custody, loan, exchange or issue of money, the extension of credit, and the transmission of funds.

Banner

A soft, flexible sign, similar to a flag, made of cloth, plastic or other material, usually strung between two poles or attached to a building or other structure.

(Ord. No. 0-2010-119, 11/10/10)

Barber or Beauty Shop (Commercial)

A commercial establishment, licensed by the state where haircutting, hairdressing, shaving, trimming beards, facials, manicures or related personal services are performed.

Barber or Beauty Shop (Residential)

An accessory residential use, operated as a commercial enterprise and licensed by the state where haircutting, hairdressing, shaving, trimming beards, facials, manicures or related personal services are performed. Such facilities are limited to one-chair, operated by an individual residing at the same location, and are permitted as a Special Use.

Barricade Area for Existing Trees

A protected area extending in a radius no less than the drip line from every protected tree that prevents intrusion by construction equipment, vehicles, and people.

Barrier

A device or treatment, which controls the management, circulation, separation, or direction of traffic. Such treatments include, but are not limited to, wheel stops, raised islands, dividers or barricades.

Base Flood

The flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be determined by using a fully developed watershed and the city's Drainage Design Manual criteria for a 100-year storm.

Base Flood Elevation (BFE)

The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement

That portion of a building between the floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. A basement will be counted as a story in computing building height if at least one-half of its height is above the average level of the adjoining ground prior to berming, using measurements taken at each corner of the building which meets the ground.

Battery Storage Power Station
A facility consisting of one or more battery devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. (Ord. No. 0-2023-115; 12/13/23)

Bed and Breakfast (Tourist Home)

An owner-occupied dwelling unit, or portion thereof, where short-term overnight lodging, with or without meals, is provided for compensation.

Bench mark (BM)

A relatively permanent object, natural or artificial, bearing a marked point whose elevation above or below an adopted datum is known or assumed. Common examples are metal disks set in concrete and curbs.

Berm

An earthen mound designed to provide visual interest, screening and/or decrease noise.

Billboard

An off-premise sign used to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Billboard face includes the part of the sign that contains the advertising or information contents and all of the interrelated parts and materials, such as beams, poles, braces, apron, catwalk, and stringers, that are used, designed to be used, or intended to be used to support or display a sign face. The term "Billboard" shall not include projected image signs, as defined herein, and that involve off-premise advertising. Projected image signs shall be governed separately under the Unified Development Code. (Ord. No 0-2014-8; 1/22/14) (Ord. No. 0-2021-23; 3/24/21)

Block

An area enclosed by streets and occupied by or intended for buildings.

Boarding/Rooming House

A group residential facility that provides housing and meals for compensation and is available for long-term occupancy.

Board of Adjustment, Zoning (ZBA)

The zoning board of adjustment, reviews, and grants variances from the literal application of the requirements of this code. (See Variance.)

Book and Stationery Store

A commercial establishment which retails books, pamphlets, paper, pens, ink and associated items; not involving wholesale distribution.

Bottling Works

An industrial manufacturing facility where soft drinks or other beverages or liquids, are bottled or canned for wholesale distribution.

Bowling Alley

A recreational facility providing bowling lanes. Such facilities may include other games and may offer food and beverages, and are often operated as a commercial enterprise.

Buffer

Trees in a land area used to separate visibly and visually, one use from another or to shield or block noise, lights or other nuisances.

Buffer Area

A strip of land, identified on a site plan or by development code, established to separate physically and protect one type of land use from another land use that is incompatible.

Bufferyard

A strip of land, identified on a site plan or by development code, established to separate physically and protect one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space.

Bulletin Board

A sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

Buildable Area

The space remaining for construction on a lot after the reserved area requirements (yards, setbacks, easements, etc.) have been met.

Building

A combination of materials to form a construction that is safe and stable, and designed to be built for the support, enclosure, shelter or protection of persons, animals, cattle or property of any kind including, but not limited to, permanent or continuous occupancy for assembly, business, education, industrial, institutional, mercantile, residential or storage purposes. The term building shall be construed to include the term "structure," and as if followed by the words, "or portion thereof.” When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, Attached

A building which shares a continuous and permanent wall or roof with an adjacent building.

Building, Detached

A building having no wall, roof, floor, or other structural element in common with another building.

Building, Extension

An increase in the amount of the existing floor area within an existing building.

Building, Facade

The area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one side to the other side of the building. A typical building has four facades.

Building Material and Home Supply Store

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.

Building Material Salvage Yard

A commercial facility maintained, used, or operated for the storing, keeping, dismantling, salvaging, buying or selling of used building materials.

Building Setback Line

A line, established by this code, parallel or approximately parallel to the front lot line at a specific distance there from, marking the minimum distance from the front lot line that a building may be erected except or unless as specifically provided in this code.

Building, Principal

A building in which the main or principal use of the lot on which said building is situated is conducted. (See Principal Use.)

Building Official

A building inspector or administrative official responsible for issuing building permits and charged with the administration and enforcement of city construction codes.

Bulk Storage of Highly Flammable Materials

An industrial facility for the storage of chemicals, gasses or liquids which are explosive, or could be caused to ignite or explode.

Business

A commercial entity which occupies, uses, and enjoys real property for the conduct of a commercial activity, either through ownership or through a lease arrangement.

Business School

A private or commercial establishment involved in training students in clerical skills (correspondence, filing, shorthand, etc.) and other office procedures, including instruction in the use of business machines commonly found in a general office (typewriters, word processors, computers, calculators, etc.), but excluding instruction in the use of hand tools or other equipment not commonly utilized in an office.

Business Services

A variety of commercial establishments primarily engaged in providing services not elsewhere classified, to business enterprises on a fee contract basis, including but not limited to, advertising, computer programming and software services, and office equipment rental and leasing.

Bus Station or Terminal

A transportation facility on a common carrier line utilized for bus docking, freight storage, and passenger loading and unloading; not to be construed to include passenger shelters which may be located on a local bus route, i.e. a bus stop.

Bench Mark (BM)

Block

A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, or boundary lines of municipalities.

Bond

Any form of a surety in an amount and form satisfactory to the city.

Cabinet and Woodwork Shop

A commercial establishment specializing in the repair or production of individual items of furniture and wooden home furnishings, on a custom basis. Such a shop shall not be construed to be a factory, planing mill or similar woodworking plant.

Cafe, Coffee Shop, Tea Room

A small commercial establishment, serving coffee, tea and other beverages to the public, with a limited food service menu. Not a restaurant.

Caliper

Diameter of a predominant tree trunk measured six inches above grade for trees four inches in diameter or less. For trees with a larger diameter, the caliper measurement shall be the diameter at breast height (d.b.h.), measured four and one half feet above grade.

Camera/Photography Store

A commercial establishment which retails photographic equipment and supplies, including cameras, film, photographic paper, auxiliary lenses, photo finishing material, projection equipment and other related items. Photograph developing and printing may be included.

Campground

A recreational area or tract of land on which accommodations for temporary overnight occupancy are located or may be placed, including tents and recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. Such areas may be operated as a commercial enterprise.

Canopy

An architectural projection that provides weather protection, identity or decoration and is supported by the building to which it is attached and at the outer end by not less than one stanchion. A canopy is comprised of a rigid structure over which a rigid covering is attached. (Ord. No. 0-2009-70; 6/10/09)

Canopy Tree

Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown, which attains a height of at least 30 feet.

Capital Improvements Program

The official proposed schedule of all future public projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project, as adopted by city council.

Carport

A structure open on a minimum of three sides designed or used to shelter not more than three vehicles, not to exceed twenty-four feet on its longest dimension.

Car Wash (Do-It-Yourself)

A commercial facility for washing, waxing and vacuuming passenger automobiles, light trucks and other vehicles through a self-service, stationary operation, operating either as a separate facility or in conjunction with another use. A simple roll-over operation may be included, as long as the vehicle remains stationary during the wash cycle.

Car Wash (Automated)

A commercial facility for washing and steam cleaning passenger automobiles, light trucks and other vehicles, which employs a production line method with a conveyor, blower and other mechanical devices, and which may employ some hand labor.

Catering Service

A commercial establishment that provides the preparation, delivery and service of food to be consumed off-premises at another location.

Cemetery, Mausoleum or Crematory

A facility or place, designed or designated for the interment of the deceased.

Certificate of Occupancy

Official certification that a premise conforms to provisions of the unified development code and all building codes and may be used or occupied. Such a certificate is granted for new construction, alteration, addition, or change of occupancy to existing structures. A building official must issue a CO in order for a building or structure to be lawfully occupied.

Character

An individual letter, number, or blank space that is formed on a sign lamp bank.

Chasing

A display mode on an electronic sign in which one graphic message immediately follows another.

Church (Temple or Synagogue)

A building or structure that serves regularly as a place of worship and religious training, including accessory housing facilities such as a rectory.

Church Activity/Recreation Center

An accessory facility designed and used for recreational activities sponsored by a church for use by the church's membership and invited guests. Such facilities may include a gymnasium, swimming pool, weight room, indoor track, bowling lanes and may include equipment and courts for outdoor recreation.

City Engineer (see also Development Services Engineer)

The official with responsibility to review and release plans for capital construction projects other than water and sewer improvements, or designee. (Ord. No. 0-2006-19, 2/8/06) (Ord. No. 0-2012-83, 10/10/12)

Classroom

A room used for instructional purposes. A classroom contains seating facilities or work stations for each student up to a maximum number of students. Classrooms include lecture halls, laboratories, data processing training rooms and the like. Classrooms do not include auditoriums, meeting rooms, student or teacher lounges, libraries, and the like.

Cleaning Plant (Commercial)

A commercial establishment involved in the dry cleaning and/or laundry of clothing and other fabric items.

Cleaning Shop or Laundry Pick-up Station

A small commercial establishment providing drop-off/pick-up service for the cleaning of garments at another location. May include touch-up pressing on the premises.

Clearing and Grading Permit

A document required and issued by the city for any earth change activity associated with development within the city.

Clearing of Land

A property owner, developer, or contractor shall be considered “clearing” land if performing one of the following actions: excavating, grading, regrading, land filling, berming, paving, diking, removing trees, clearing, grubbing, or other earth changes.

Cluster Development

A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas.

Clinic, Out-patient (Medical, Dental or Optical)

A health care facility designed and used for diagnosis and treatment of human patients, including offices, laboratories and related facilities, but not including hospital beds for overnight care or treatment.

Clothing/Apparel (Custom Made)

A commercial establishment retailing clothing and other garments, individually made to customer order.

Clothing/Apparel Manufacturing Plant

An industrial facility involved in the production of clothing and apparel. Manufacturing operations involve cutting, sewing, forming and packing of garments and similar items, including millinery and clothing accessories. May include an outlet store.

Clothing Store

A commercial establishment retailing apparel and accessories.

Club

Buildings or facilities owned or operated by a corporation, association, or group of individuals for social, educational, or recreational purposes, but not primarily for profit or to render a service that is customarily conducted as a business.

Club, Private (Commercial

A commercial establishment which may provide entertainment and food service, licensed by the Texas Alcohol Control Board (TACB), where memberships are sold to the public for on-premise consumption of alcoholic beverages.

College Dormitory

A college residence hall providing group living quarters for the student body, with or without dining facilities.

College, University or Seminary

An academic institution of higher learning, accredited or recognized by the state, offering a program(s) of academic study. A seminary is an institution for training candidates for the priesthood, ministry or rabbinate.

Commercial Banner

A banner that contains speech that proposes an economic transaction. (Ord. No. 0-2010-20; 3/10/10)

Commercial Decoration

A decoration that contains speech that proposes an economic transaction. (Ord. No. 0-2010-20; 3/10/10)

Commercial Use

An occupation, employment, or enterprise that is carried out for profit by the owner, lessee, or licensee.

Commercial Vehicle

Any motor vehicle or non-motorized vehicle (trailer), designed, intended, identified, or employed for the conduct of a commercial enterprise.

Commissary

A permitted fixed location food establishment where a mobile food unit or pushcart returns for servicing. This facility must meet the same requirements as a food service establishment. It must also have proper facilities to dispose of waste water and refill and flush potable and waste water tanks without risk of contamination. (Ord. No. 0-2014-113, 12/10/14)

Commission

The planning and zoning commission for the City of Tyler.

Common Usable Open Space

That portion of land or area of water, or combination of land and water, within the site designated for a planned development and designed and intended for the use and enjoyment of the residents and owners of the planned development.

Community Center

A place, structure, area, or other facility used to conduct or house cultural, athletic, social, entertainment and/or recreational programs, generally open to the public and designed to accommodate and serve significant segments of the community.

Community Health or Welfare Center

A community service facility where social, welfare, health or child care assistance is provided by a public, quasi-public, tax-exempt, or church agency.

Compassionate Use Dispensary
An establishment licensed by the State and in full compliance thereof, to cultivate, process, and dispense low-THC cannabis, as defined under the State Occupations Code, to a patient for whom low-THC cannabis is prescribed under the State Occupations Code. (Ord. No. 0-2023-115; 12/13/23)

Completion of irrigation system installation (Irrigation Systems)

When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. (Ord. No. 0-2009-19; 3/11/09)

Comprehensive Plan

A plan for development of the city prepared and adopted by the council, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

Condominium

An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. Condominiums are permitted wherever multifamily dwellings are allowed.

Congregate Housing

A residential facility for six or more persons that provide living and sleeping facilities, meal preparation, laundry services and room cleaning.

Construction

Any activity on the property following a building permit.

Construction Board of Adjustment and Appeals

The governing body appointed by the City Council in order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the codes adopted and amended by Chapter 6 of the City of Tyler Code of Ordinances.

Construction Plan

The maps or drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision or addition in accordance with the requirements of the commission as a condition of the approval of the plat.

Consulting (Irrigation Systems)
The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. (Ord. No. 0-2009-19; 3/11/09)

Contiguous

Lots are contiguous when at least one boundary line of one lot touches a boundary line(s) of another lot.

Contractor's Shop and Storage Yard

A commercial facility utilized by general contractors, including buildings and open storage yards, for storage of supplies and operating equipment, but not constituting a junk or salvage yard.

Convalescent, Nursing or Rest Home

A group residential facility utilized for housing, boarding and nursing care, on a 24-hour basis, of three or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without assistance.

Convenience Store

A small commercial establishment, offering for sale at retail, pre- packaged food products, household items and other goods commonly associated with a household, and having a gross floor area of less than 5,000 square feet. Such establishments may include gasoline sales but are limited as to the number of pumps and service islands.

Convent or Monastery

A group residential facility providing housing for a religious order or congregation for persons under religious vows.

Convention Center

A public facility or complex which provides cultural, recreational, athletic, convention or entertainment facilities owned and/or operated by a governmental agency, and which may house City offices and services.

Correctional/Detention Facility

A public facility, operated by County, State or Federal government, or by a commercial entity under contract to one of these governments, utilized for long-term incarceration of individuals convicted of crimes where these individuals are housed until such time as they have completed their sentences. Such facilities include minimum and maximum security prisons for adults, and juvenile detention centers for minors. Permitted as a Special Use. See Special Use.

Council

The Tyler City Council.

Country Club (Private)

A recreational area including a club house and other facilities, restricted to use of a specific membership, which may include a golf course, tennis courts, swimming pool, dining room, social facilities and similar recreational and service facilities, with a minimum of ten (10) acres.

County

Smith County, Texas.

Covenant, Restrictive

A restriction on the use of land usually set forth in the deed which is binding upon subsequent owners of the property. These are private agreements among property owners and are not enforceable by the city. (Also referred to as a deed restriction.)

Crisis Center

A secure public or private facility established to offer assistance, temporary shelter and counseling to individuals who have suffered a crisis in their personal lives and which may be in danger of physical or psychological harm. Permitted as a Special Use.

Critical feature

Any integral and readily identifiable part of a flood-protection system, without which the flood protection provided by the entire system would be compromised.

Critical Root Zone (CRZ)

The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line.

Cross-connection

An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. (Ord. No. 0-2009-19; 3/11/09)

Cul-de-sac

A local street, one end of which is terminated and consists of an area that can accommodate vehicle turnaround.

Custom Sewing and Millinery Shop

A commercial establishment specializing in the custom making of apparel and millinery, not involving a large volume or mass production.

Cut/Fill

Areas where the natural ground level has been excavated or fill brought in.

Curb Line

A raised ledge adjacent to the paved portion of a roadway which delineates that portion of the roadway maintained for vehicular travel. In the absence of a raised curb, the edge of the paved portion of the roadway is considered to be the curb line.

Customer Service Area

An area set aside in any retail or commercial establishment where customers may receive service or may wait while service is being performed on automobiles, appliances, or other customer-owned products.

Dance Hall (Public or Private)

A facility utilized primarily for dancing, with live entertainment or amplified music provided. Such facilities may be operated as a commercial enterprise. Schools of dance are not included.

Datum

Any level surface to which elevations are referred (for example, mean sea level). Also called datum plane, although not actually a plane.

Day Camp

An open-air recreational area maintained under public or private auspices with facilities comparable with those found in City parks and playgrounds

Day Care Center (Children)

A child care facility, licensed by the state, without a State certified curriculum under public or private auspices, which cares for six (6) or more children under sixteen (16) years of age who are apart from their own family or relatives during a part of the day. The term "day care center" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (Ord. No. 0-2018-83; 10/24/18)

Day Care Center (Adults)

An establishment which provides day care for adults who are apart from their own family or relatives during a part of the day. The term "day care center" shall not include overnight lodging, medical treatment, counseling or rehabilitative services.

Day Care Home (Adults)

A home-based operation, licensed by the State which provides day care for adults who are apart from their own family or relatives during a part of the day. The term "day care home" shall not include overnight lodging, medical treatment, counseling or rehabilitative services.

Day Care Home (Children)

A home-based operation, licensed by the State which provides day care for no more than six (6) children who are apart from their own family or relatives during a part of the day. The term "day care home" shall not include overnight lodging, medical treatment, counseling or rehabilitative services.

Deciduous

A plant with foliage that sheds annually.

Dedication Plat

A plat prepared for the purpose of dedicating land or easements for rights-of-way to the City.

Defective, unsafe or hazardous sidewalks

Sidewalk sections that are upheaved or depressed, thereby causing an abrupt change in grade of twenty (20) percent or more (two (2) inches vertical in ten (10) inches horizontal) or creates an unsafe condition as designated by the City.

Deed

A legal document conveying ownership of real property.

Density

The number of dwelling units per acre or gross floor area per acre of residential and nonresidential uses.

Design (Irrigation Systems)

The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. (Ord. No. 0-2009-19; 3/11/09)

Design Criteria

Standards that set forth specific improvement requirements.

Design pressure

The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. (Ord. No. 0-2009-19; 3/11/09)

Detention

The temporary storage and controlled release of stormwater runoff.

Detention Facility

A facility that provides temporary storage of stormwater runoff and controlled release of this runoff.

Developer

A person, business, corporation, or association responsible for the development of a subdivision, addition, or other any other residential, commercial, industrial, or institutional properties. In most contexts the terms developer and property owner are used interchangeably in these regulations.

Development

The division of a parcel of land into two or more parcels; any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling, or any other activity which alters established drainage patterns or increases the amount of stormwater runoff, including but not limited to:

1. Commencement of drilling, excavating, or dredging;

2. Clearing or removal of natural or existing ground cover and/or trees for speculation or for site preparation for construction, immediate or future;

3. Deposit of refuse, solid or liquid waste or fill; and

4. Alteration or improvement of a bed, bank, or floodplain of a watercourse.

The following activities do not constitute development:

1. Lawn and yard care, gardening and tree care and maintenance including removal and/or replacement which does not alter established drainage paths;

2. Removal of trees or other vegetation damaged by natural forces;

3. Necessary clearing of vegetation for purposes of surveying or soils investigation;

4. Clearing or plowing of land for agricultural purposes.

5. Repairs to existing utilities.

Development Exaction

Any dedication of land or easements for construction of or contribution toward construction of a public improvement required as a condition of plat approval by the city under these regulations.

Development Permit

In the context of floodplain regulations in Article IX, Division C, a permit required by the city for any development within the areas of special flood hazard.

Development Services Engineer (see also City Engineer)

The official with responsibility to review and release plans for private development construction projects other than water and sewer improvements, or designee. (Ord. No. 0-2006-19; 2/8/06) (Ord. No. 0-2012-83, 10/10/12)

Development Sign (permanent)

A monument sign displaying the name of a particular residential, commercial, industrial development or complex located at the principal entrance or entrances to a development.

Diameter at Breast Height (DBH)

Diameter of a predominant tree trunk measured four and one half feet above grade for trees more than four inches in diameter.

Director

The director of planning for the City of Tyler or that person’s designee.

Directional Sign

A sign or signs located near the entrance or exit to a property intended to guide pedestrian or vehicular traffic. (Ord. No. 0-2011-45, 6/8/11)

Display Mode

The method of presenting a message electronically.

District

A section of the city designated in the unified development code in which uniform requirements for the use of land and buildings and development standards are prescribed.

District Boundaries

A property line or other type of demarcation line that separates unlike zoning districts.

Double Check Valve

An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. (Ord. No. 0-2009-19; 3/11/09)

Drainage Design Guideline Manual

The current edition of a document(s) containing minimum acceptable methods and practices for planning, design, and/or construction of drainage improvements and sediment control.

Drainage Easement

A parcel of land or portion thereof dedicated for passage of stormwater either overland or underground. No fences, alterations, improvements, or structures which hinder or impede the flow of stormwater must be constructed within such parcels or portions of parcels of land. The city may remove any encroachments within drainage easements which, in the opinion of the administrator, constitute a hindrance or obstruction to maintenance or the flow of stormwater.

Drainage Facilities

All elements necessary to convey stormwater runoff from its initial contact with earth until it leaves the city’s extraterritorial jurisdiction. The drainage facilities must consist of both public and private storm sewers (closed conduits), improved and unimproved channels, drainage easements, and all appurtenances to the foregoing, including inlets, manholes, junction boxes, headwalls, dissipaters, culverts, catch basins, swales, ditches, floodplains, bridges, flumes, gutters and detention and retention ponds.

Drainage Way

All land areas needed to allow passage of the base flood, including sufficient access above the Base Flood elevation along each side of and parallel to the natural or excavated channel.

Drip Line

The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground.

Drive-Thru Facility (Window)

Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions, e.g., drive-thru bank teller, drive-thru food service.

Drive-Through Service

Facilities designed so that patrons customarily obtain services or goods, without the customer having to leave their car.

Driveway

Any area constructed within the public street right-of-way, connecting the public roadway with private property for the purpose of providing access to private property, for motor vehicles.

Driveway, Major

A driveway providing access to property used for any purpose other than one- or two- family residential dwellings.

Driveway, Minor

Any driveway providing access to property used for one- or two- family dwellings.

Drug Store

A commercial establishment specializing in retail sale and dispensing of drugs and medicine, and which may include the sale and display of other merchandise, such as cosmetics, notions and similar items, and may provide fountain service.

Dry Cleaning Plant

An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents.

Duplex

A building designed for and/or occupied exclusively by two (2) families living independently of each other.

Dwelling or Dwelling Unit

Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used and intended to be used for living, sleeping, cooking, eating, and sanitation by one family, but not including hotels, motels, or boarding homes.

Dwelling, Single-Family

A building containing one dwelling unit designed for occupancy by not more than one family.

Dwelling, Duplex

A building designed for and/or occupied exclusively by two families living independently of each other.

Dwelling, Multi-Family

A building designed for and occupied exclusively by three or more families living independently of each other. (A tri-plex, quad-plex, apartments, condominiums, etc.)

Dwelling, Manufactured Housing/Mobile Home

A residential structure constructed on or after June 15, 1976 in compliance with rules and definitions of the United States Housing and Urban Development Department with all of the following characteristics:
                 1.   designed for full-time occupancy and containing sleeping accommodations, flush toilet, tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
                 2.   designed to be transported after fabrication on its own wheels or by other means;
                 3.   designed to arrive at the site where it is to be occupied complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on and connection to foundation supports, connection to utilities and the like; and
                 4.   Bears a red tag. (Ord. No. 0-2012-38; 4/25/12)
Dwelling, Modular Home (Industrialized Housing)

A residential structure, constructed under the Texas Industrialized Housing and Building Act, is transportable in one or more modules or sections, that when assembled on site constitutes a dwelling unit, meets all local building codes and bears a blue tag.

Earth Change

Excavating, grading, clearing vegetation cover, paving, regrading, landfilling, berming, or diking of land within the city.

Easement

A right-of-way or parcel of land, specified or set aside for a specific use; normally for access, utilities, and other public or private usage, given by the owner of land to another party, and kept free from buildings or structures.

Electronic Sign

A sign using electrical impulses to display a message, picture, or design, whether stationary, moving or tracking in character.

Elevated building

A nonbasement building (i) built, in the case of a Flood Insurance Rate Map Zone AE, A, A99, AO, AH, and X, to have the top of the elevated floor, or in the case of a building in Zones VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AE, A, A99, AO, AH, X, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE or V, "elevated building," also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of the National Flood Insurance Program Regulations.

Elevation

The vertical distance from a datum, based on the NGVD, to a point or object. If the elevation of point A is 802.46 feet, point A is 802.46 feet above some datum.

Elevation Certificate

A form provided by the Federal Emergency Management Agency for certification of flood damage prevention measures.

Emergency Shelter (Permanent)

A permanent group residential facility providing temporary housing for one or more individuals who are otherwise homeless. Permitted as a Special Use.

Emergency Shelter (Temporary)

A temporary group residential facility, or temporary utilization of a permanent facility, for providing temporary housing for one or more individuals who are otherwise homeless as the result of a natural disaster (flood, tornado) or other sudden occurrence, e.g. fire. Permitted as a Temporary Use.

Emission device

Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. (Ord. No. 0-2009-19; 3/11/09)

Employed (Irrigation Systems)

Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States Code Service, Sec.3212 based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. (Ord. No. 0-2009-19; 3/11/09)

Erosion

Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

Escort

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to perform privately semi-nude modeling or a striptease for another person.

Escort agency

A person or business association, who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for fee, tip or other consideration.

Escrow

A deposit of cash with the city in accordance with city policies.

Establishment of a Sexually Oriented Business

1. The opening or commencement of any sexually oriented business as a new business;

2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3. The addition of any sexually oriented business to any other existing sexually oriented business; or

4. The relocation of any sexually oriented business.

Exactions

Requirement of development to dedicate or pay for all or a portion of land costs of public facilities as a condition of development approval.

Exhibition Area

An area or space either outside or enclosed within a building, utilized for display of specific goods and distribution of information.

Existing construction

For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures."

Existing Tree

Any self-supporting woody plant with one well-defined trunk which exists on the lot prior to development.

Existing Use

The use of a lot or structure at the time of the enactment of this code.

Extraterritorial Jurisdiction (ETJ)

The unincorporated area that is contiguous to the corporate boundaries of the city of Tyler and that is located within five miles of those boundaries.

Evergreen

A plant with foliage that remains green year-round.

Façade - See Building, Facade.

Facade Area

The area of a facade for the purposes of determining maximum allowable signs is calculated by the vertical height of the facade multiplied by the horizontal length of the facade.

(Ord. No. 0-2010-119, 11/10/10)

Facade, Building

The exterior wall of a building or structure exposed to public view or that wall viewed by persons not within the building or structure. In no case shall a building be considered to have more than four (4) facades.

Facade Sign

A sign affixed to or painted on the wall of a building or structure so that the wall becomes the supporting structure for, or forms the background surface of the sign.

Fairgrounds

An area where outdoor fairs, circuses or exhibitions are held.

Farm or Farmland

A parcel of land used for growing or raising agricultural products, including related structures thereon. Such agricultural products include vegetables, fruits, trees and grain and the raising thereon of the usual farm poultry and livestock, such as horses, cattle and sheep and including necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Farmer's Market

A commercial or public facility providing a covered area for the retail sale of farm produce by individual vendors, for the primary purpose of selling fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers and honey. Sale of any type of meat, fish or poultry, eggs, refrigerated dairy products and home canned or packaged items is prohibited.

Family

Not more than six individuals occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

Feed Lot

Any tract of land or structure, pen, or corral, wherein cattle, sheep, goats, swine and other domestic livestock are maintained in close quarters for the purpose of fattening such livestock for final shipment to market. Usually operated as a commercial enterprise.

Feed Store

A commercial establishment specializing in the sale of grain, prepared feed and forage for pets, livestock and fowl, but not involving the grinding, mixing or commercial compounding of such items.

Fence

A man-made barrier composed of any material or combination of materials, erected to enclose or screen areas of land.

Field Office

A building or structure, of either permanent or temporary construction, used as a job-site office for housing temporary supervisory or administrative functions related to the development, construction or sale of a real estate development or other project.

Final Plat

The map of a subdivision or addition to be recorded after approval by the Commission or Director and any accompanying material and additional requirements as described in these regulations.

Firearms Range

A recreational facility designed and constructed for the practice and teaching of marksmanship with handguns, rifles and shotguns, and operated by a public agency, quasi- public agency or private corporation approved by the City.

Flag Pole Sign

A piece of fabric or other flexible material attached to a ground-supported staff at one end. (Ord. No. 0-2010-20; 3/10/10) (Ord. No. 0-2023-29; 4/26/23)

Flashing

In the context of the sign regulations, flashing means an intermittent light display with a shorter display schedule than permitted in these regulations.

Flea Market

A commercial facility or open area in which individual stalls or sales areas are set aside and rented, or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and which may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. Occasional garage or yard sales are not considered flea markets.

Flood or Flooding

A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters or unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain

An area of land subject to inundation by a 100-year frequency flood, as shown on the flood plain map of the city.

Flood Elevation Study

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. (Ord. No. 0-2008-130; 9/24/08)

Flood frequency

The statistically determined rate at which a specific flood level or discharge may be equaled or exceeded.

Flood hazard boundary map (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, on which special flood hazard areas have been designated.

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Insurance Study (FIS)

See Flood Elevation Study. (Ord. No. 0-2008-130; 9/24/08)

Flood -prone area

Any land area susceptible to being inundated by water from any source (see definition of flooding).

Flood-protection system

Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes channelization, storm sewer systems, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.

Floodway

The channel of a stream, river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (100 year) without cumulatively increasing the water surface elevation of the base flood more than one foot.

Floodway Easement

An easement within the flood plain as defined herein which includes a channel, plus any adjacent flood plain area that must be kept free of encroachment and obstruction in order that the one hundred year frequency flood may be conveyed without increasing the flood elevation at any point on the channel by more than one foot. For streams analyzed in detail in the Federal Flood Insurance Study, its floodways and subsequent letters of map amendment will be the criteria.

Floodway Fringe

The portion of the area of special flood hazard not occupied by the floodway.

Floor Area, Gross (GFA)

The sum of the areas of all floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, malls or walkways, or any floor space in an accessory building or in the main building, intended and designed for the parking of motor vehicles in order to meet the parking requirements of this code, or any such floor space intended and designed for accessory heating and ventilating equipment. The horizontal area at each floor level devoted to stairwells and elevator shafts is included in this calculation

Floor Area Ratio (FAR)

The floor area of a building on a lot, divided by the lot area.

Florist Shop

A commercial establishment specializing in the retail sale of cut or uncut flowers, ornamental plants and accessory items.

Food Truck Park, Major

An area designed to accommodate five or more mobile food units and offering food and/or beverages for sale to the public as the primary use of the property; functioning as a single business. (Ord. No. 0-2014-113, 12/10/14)

Food Truck Park, Minor

An area designed to accommodate two to four mobile food units and offering food and/or beverages for sale to the public as the primary use of the property; functioning as a single business. (Ord. No. 0-2014-113, 12/10/14)

Footage, Linear

Measurement of length in feet (12 inches).

Footage, Square

A measurement of an area in square feet (12 inches by 12 inches).

Foundry or Metal-Works Facility

An industrial facility for the melting, smelting, molding or otherwise processing or manufacturing of metallic minerals or metal stock.

Fraternity or Sorority House

A social club or association having meeting facilities for members and at least one dwelling unit occupied by a sponsor or supervisor. Fraternity or sorority houses may have dormitory facilities for members. The office or headquarters of a professional, business or other fraternal organization is considered an office for purpose(s) of this definition.

Freestanding (Pole or Ground) Sign

A sign that is affixed to the ground independent of any other structures.

Frontage

The distance along a property line which is also the right-of-way line of a dedicated street or approved private street or way. (Ord. No. 0-2014-97; 10/22/14)

Frontage Street

Any street to be constructed by the developer or any existing street where development will occur on both sides.

Fruit/Vegetable Market

A permanent commercial facility for displaying and offering for sale fruits, vegetables and other produce. Items may be displayed outdoors or in open-air structures, both permanent or portable.

Fruit/Vegetable Sales (Roadside)

The temporary display and sale of fruits, vegetables and other produce, and agricultural products along the roadside of any U.S., State or County road, providing that the entire operation is conducted within the public right-of-way of said road, involves no structures and does not constitute a hazard to traffic. Produce may be displayed on the ground or in the bed of a truck or trailer.

Fruit/Vegetable Stand

A seasonal or temporary commercial facility for the display and sale of fruits, vegetables and other produce involving no permanent structures. Items may be displayed outdoors, indoors, or under open-air, portable structures, tents, canopies, etc. Permitted as a Temporary Use.

Functional Classification

A hierarchical organization of streets and highways that facilitates the safe and efficient operation of vehicles along different types of facilities and based upon the degree of use by vehicles. The order of functional classification, from highest (heaviest amount of use) to lowest (lowest amount of use) is as follows: freeways or tollways, major arterials, collectors, and local streets (such as residential and cul-de-sacs). (Ord. No. 0-2006-11, 1/11/06)

Furniture, Home Furnishings and Appliance Store

A commercial establishment specializing in the display and retail sale of furniture, home furnishings and/or appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.

Furniture Repair and Upholstery Shop

A commercial establishment involved in repairing and re-upholstering furniture. The use of specialized equipment is included.

Garage, Parking (Private)

An accessory structure for private use of the owner or occupants of a principal building, situated on the same lot as the principal building, or nearby, utilized for the storage of motor vehicles with no facilities provided for mechanical service or repair of vehicles and operated as a commercial enterprise.

Garage, Parking (Public)

A structure designed and used for the temporary or long-term storage of motorized vehicles, operated as a commercial enterprise, with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

Garage, Repair

See Automobile Repair Garage.

Garage or Estate Sale

The temporary offering for sale, on a residential premises, of household furnishings, clothing, appliances and related items belonging to the resident of the premises.

General Commercial Services

A variety of commercial establishments, other than personal service shops, involved in the treatment and/or processing of products as a service on a for- profit basis.

General Manufacturing

A variety of industrial establishments involved in the manufacture of finished products and component products, or in the processing of materials or substances, including basic industrial processing.

Golf Course (Public)

A recreational facility providing a regulation size golf course, privately or publicly owned, open to the public for a fee.

Golf Driving Range

A recreational area set aside for practicing golf, operated as a private, public or commercial enterprise.

Golf, Miniature

A recreational facility providing a small scale, golf putting course operated as a commercial enterprise. Also referred to as amusement or putt-putt golf.

Grade

The average of the finished ground level at the center of all walls of a building. In the case of walls which are parallel to and within five feet of a side walk, the ground level will be measured at the sidewalk.

Grading permit

A document required and issued by the City for any earth change activity associated with development within the City.

Grain or Feed Processing Plant, and Grain Elevator

An industrial facility utilized for the storage, mixing or grinding of grains or other prepared foods to be used as feed for pets, livestock or fowl.

Grass

Any of numerous grass species that will attain a thick green cover of turf over the available soil area.

Greenbelt

An open space that may be of irregular form upon which existing vegetation is preserved or an area is reserved for the planting of living plant materials. No habitable structures are allowed within this open space. Bathrooms and other trail head facilities are allowed.

Greenhouse or Plant Nursery (Commercial)

A commercial establishment specializing in the growing, display and retail sales of plants, flowers, trees and other plant materials, including the sale of related garden supplies and materials.

Greenhouse or Plant Nursery (Private)

An accessory structure, limited in size, for the growing and display of plants, flowers, shrubs and other flora for the private enjoyment of the owner and guests.

Ground Cover

Any woody or herbaceous plant that effectively shades out sod and will not generally reach a height of over two feet.

Group Home for the Disabled

A group residential facility shared by disabled persons*, including resident staff, who live together as a single housekeeping unit, in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential.

* As used herein, the term "disabled" mean(s) having: 1) a physical or mental impairment that substantially limits one or more of such persons major life activities so that such persons are incapable of living independently; 2) a record of having such an impairment; or 3) being regarded as having such an impairment. However, "disabled" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcohol or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. See Halfway House.

Gymnastic or Dance Studio

A recreational facility or portion of a building used as a place of practice by a gymnast or dancer, or for instructional classes in gymnastics or dance.

Halfway House

A licensed group residential facility for housing inmates on release from more restrictive custodial confinement, or for housing other individuals, initially placed in such a facility, in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to aid residents in their return to society, thus enabling them to live independently. Halfway Houses are permitted as a Special Use.

Handicraft, Ceramic, Sculpture or Similar Art Workshop

A facility housing the workplace of an artist or craftsperson, engaged in the creation of individual objects such as leather goods, jewelry, ceramics, nonmetallic mineral products or carved three dimensional works of art, including the sale of such items at retail. Such a facility does not involve large volumes or mass-production, and is not to be construed as a factory.

Hard Scape Screening

Non-living screening materials such as walls, fences, and baffles.

Hardware Store

A commercial establishment specializing in the retail sale of cutlery, tools, utensils, screws, nails and similar hardware items, with no outdoor storage or display of merchandise.

Hauling and Storage Company Facility

A commercial facility for warehousing, transferring or holding goods and equipment.

Hazardous Substances

Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Hazardous Waste Treatment/Disposal Facility

An industrial facility where hazardous waste is treated and/or disposed of.

Head-to-head spacing
The spacing of spray or rotary heads equal to the manufacturer's published radius of the head. (Ord. No. 0-2009-19; 3/11/09)

Health Club

A recreational facility designed and used by members for the promotion of health, recreational opportunities and exercise.

Health Club, Swimming Pool, Gym or Court Complex (Commercial)

A recreational complex, along with accessory facilities, which is not operated as part of a municipal, public or private club system, but where the facilities are available to the public for a fee. Membership not required.

Health hazard (Irrigation Systems)

A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. (Ord. No. 0-2009-19; 3/11/09)

Heavy Load Vehicle

A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, or other similar vehicles. The term "truck" means "Heavy Load Vehicle" unless specifically stated otherwise.

Heavy Machinery Sales and Storage

A commercial establishment specializing in the display, sale, rental and storage of heavy machinery, either machines in general or as a functioning unit.

Height (of a building or other structure)

The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; or to the average height between eaves and the ridge for gable, hip, and gambrel roofs; measured from the curb level if the building is not more than 10 feet from the front lot line or from the grade in all other cases. The height of the following structures will be excluded from the definition: chimneys, cooling towers, elevator bulkheads, mechanical rooms, tanks, water towers, television receiving antennas, flag poles, church spires and parapet walls not exceeding three feet in height.

Heliport- Limited Use (Private)

A transportation facility with a designated landing area, not available for general use, but for the restricted use of certain aircraft, for the taking-off and landing of rotary-winged, vertical take-off aircraft, including all necessary passenger and cargo facilities, fueling and service facilities. Such facility is not available for use by any helicopter without prior permission. Permitted as a Special Use. Approval for temporary (forty-eight (48) hours or less) heliports or helicopter landing sites may be issued by the Airport Manager.

Heliport - Unlimited Use (Public)

A transportation facility with a designated landing area, available for use by any rotary winged, vertical take-off aircraft, which in addition includes all necessary passenger and cargo facilities, facilities for maintenance and overhaul, fueling, service, storage, tie-down areas, hangars, and other necessary buildings and open spaces. Permitted as a Special Use. Approval for temporary (forty-eight (48) hours or less) heliports or helicopter landing sites may be issued by the Airport Manager.

Helistop - Limited Use (Private)

A designated area with restricted use, for the taking-off and landing of private helicopters, for the purpose of picking-up and discharging passengers or cargo. No fueling, refueling or service facilities permitted. Such facility is not available for use by any helicopter without prior permission. Approval for temporary (forty-eight (48) hours or less) heliports or helicopter landing sites may be issued by the Airport Manager.

Helistop - Unlimited Use (Public)

A designated area available for the taking-off and landing of any rotary winged, vertical take-off aircraft, for the purpose of picking-up or discharging of passengers or cargo. No fueling, refueling or service facilities permitted. Approval for temporary (forty-eight (48) hours or less) heliports or helicopter landing sites may be issued by the Airport Manager.

Highest Adjacent Grade

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure

Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior, or;

(b) Directly by the Secretary of the Interior in states without approved programs.

Hobby Shop

A commercial establishment specializing in the retail sale of hobby supplies such as model kits, art equipment and craft materials.

Holiday Decoration

Non-commercial display celebrating any nationally recognized day on which ordinary business is suspended in commemoration of some event or in honor of some person. (Ord. No. 0-2010-20; 3/10/10)

Homeless Day Resource Facility

A facility that provides any of the following to homeless patrons: showers, laundry, mail, barber/beauty salon, computer/library reference center or counseling services. These facilities shall neither contain nor provide sleeping facilities or drug rehabilitation services. (Ord. No. 0-2006-19; 2/8/06) (Ord. No. 0-2013-16; 2/27/13)

Homeowners Association (HOA)

A formally constituted, non-profit association or corporation, comprised of the property owners and/or residents of a formally recognized residential area, which may take permanent responsibility for costs and upkeep of semi-private community facilities.

Home Occupation

An accessory use of a dwelling unit for gainful employment which is clearly incidental and subordinate to the use of the dwelling unit as a residence; does not alter or change the exterior character or appearance of the dwelling; is located in a residential zoning district; and, is created and operated as a sole proprietorship by a resident of the household with no more than one employee.

Home Occupation Sign

A sign located on a residential property in which a legal home occupation takes place.

Home for Senior Citizens

A group residential facility where senior citizens are provided housing and meals and which is operated similar to a lodging house or residential hotel.

Hospital

A health care institution providing health services primarily for in-patient human medical or surgical care, for the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices that are an integral part of the health care facility.

Hotel and Resort

A commercial facility offering accommodations for over-night lodging on a daily basis to public, and providing additional services, such as restaurants, meeting rooms and recreational facilities for the benefit of guests.

Household Pet

Animals that are customarily kept for personal use or enjoyment within the home. Household pets include but are not limited to domesticated dogs, cats, birds, fish, and/or rodents.

Hydraulics (Irrigation Systems)

The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Improvement Agreement

A contract entered into by the developer and the city by which the developer promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval.

Incinerator

An industrial facility designed and used for the burning of trash and other waste material, permitted by the State.

Indiscriminate Clearing

Any clearing that occurs with no distinction made regarding whether any trees on the site could be preserved and incorporated into future development on the site, whether such clearing will alter the stormwater drainage patterns on the site in a way that could be detrimental to the city’s goals for protecting private property from flood damage and runoff, or whether such clearing would be counter to the Tyler 1st Comprehensive Plan policies and objectives for planting and protecting trees throughout the city. (Ord. No. 0-2014-33; 4/23/14)

Industrial Cleaning Plant

An industrial facility for the cleaning of commercial or industrial bulk items.

Industrial Park

A development of industrial sites, whether located inside or outside the city, which if developed within the city, would be required by the unified development code to be located in an M-1 Light Industrial District or M-2 Heavy General Industrial District.

Industrial Use Not listed (Enclosed)

Any completely enclosed industrial, manufacturing, processing, or assembly operation, which is not specifically listed in this Ordinance.

Industry, Heavy

A variety of industrial establishments engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials, or involved in the storage of or processing of flammable or explosive materials, or involved in the storage or a manufacturing process that potentially involves hazardous or commonly recognized offensive conditions.

Industry, Light

A variety of industrial establishments engaged in manufacturing finished products or parts, predominantly from previously prepared materials, including the secondary processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Installer (Irrigation Systems)

A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed according to Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). (Ord. No. 0-2009-19; 3/11/09)

Irrigation inspector

A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). (Ord. No. 0-2009-19; 3/11/09)

Irrigation plan

A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Irrigation services

Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. (Ord. No. 0-2009-19; 3/11/09)

Irrigation system

An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, Sec. 251.002. (Ord. No. 0-2009-19; 3/11/09)

Irrigation technician

A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). (Ord. No. 0-2009-19; 3/11/09)

Irrigation zone

A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. (Ord. No. 0-2009-19; 3/11/09)

Irrigator

A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. (Ord. No. 0-2009-19; 3/11/09)

Irrigator-in-Charge

The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Jail

A public facility, operated by local government, utilized for the temporary incarceration of individuals either immediately after their arrest or while awaiting trial.

Jeweler's Shop

A facility housing the workplace of a jeweler engaged in crafting custom made jewelry items which are made to the customer's order.

Jewelry Store

A commercial establishment specializing in the display and retail sale of gems, watches, rings, bracelets, necklaces and similar items.

Junkyard

See Salvage yard.

Kennel (Commercial):

A commercial facility for the temporary housing of dogs, cats or other household pets, and where grooming, breeding, boarding, trimming, or selling of animals is conducted as a business.

Kennel (Private)

An accessory structure designed or arranged for the care of dogs and cats belonging to the operator of the principal use, and located on the same lot as the principal use, kept for the purpose of show, hunting or as pets.

Key, Locksmith Shop

A commercial facility housing the workplace of a locksmith engaged in the sale of locks and duplication of keys.

Kiosk

A small, free-standing, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, a minimum gross floor area of 25 square feet is required.

Laboratory, Manufacturing

An industrial operation involving the compounding of products such as perfumes, pharmaceuticals, and development and assembly of instruments and similar items in a controlled, laboratory environment.

Laboratory, Medical

A commercial or private facility for performing scientific tests and analysis for medical evaluation of humans.

Laboratory, Testing and Research

A commercial or institutional facility for performing scientific tests, analysis or experimental studies.

Land, Developable
Land that is suitable for the construction and use of structures which are compliant with the development provisions of this code. This term does not apply to existing and proposed rights-of-way, flood areas, easements, buffers and any other conditions which restrict the placement of a structure (see undevelopable land). (Ord. No. 0-2017-100; 11/8/17)

Land, Undevelopable
Land that is not reasonably suitable for the construction and use of structures which are compliant with the development provisions of this code. Conditions which may be considered to determine whether land is undevelopable include severe grade changes; flood areas; conditions that isolate one portion of a property from another portion where access is not dedicated to the undeveloped portion; or existing and proposed setbacks, easements, buffers, or any other site restrictions that prohibit development of a given area by law, ordinance or private agreement. (Ord. No. 0-2017-100; 11/8/17)

Landfill

A closely supervised, industrial operation in which refuse and earth or other suitable cover material, are deposited in alternate layers of specified depth, in accordance with a definite plan, on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. Not a dump.

Landscaped Area

An area within the boundary of a property which is devoted to and consists of plant material, trees, water forms, planters, brick, stone, aggregate and other features used primarily for landscaping purposes, but not including the use of smooth concrete or asphalt.

Landscape irrigation

The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. (Ord. No. 0-2009-19; 3/11/09)

Landscape Plan

The Landscape Site Plan or landscape plan information required to be submitted and approved in accordance with Article VI., Division A. of this code. (Ord. No. 0-2010-20; 3/10/10)

Landscaping

Changing, rearranging, or adding to the original vegetation or scenery of a piece of land. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.

Large Shade Tree

A dicot or conifer tree, usually with one vertical stem or main trunk which naturally develops a more or less distinct and elevated crown and attains a height of more than 50 feet at maturity, as shown in the Approved Tree List in subsection 10-295.f. (Ord. No. 0-2009-32; 3/25/09)

Laundry or Cleaning Facility (Self-Service)

A commercial establishment offering coin operated clothes washers and driers, operated by the customer as a self-service laundry. A washateria.

Levee

A man-made structure, usually an eastern embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system

A flood-protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Library, Museum, Public Arts Complex or Similar Public Use

A facility housing books and other printed materials, paintings and sculpture, antiquities, objects of art and science, and other items of interest to the public, where such items are displayed and may be loaned, and which is sponsored by a public or quasi-public agency, in which the institution is open and available to the public.

Licensee

For the purposes of the sexually oriented business regulations of Article III., Division C. a licensee a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. (Ord. No. 0-2010-20; 3/10/10)

License (Irrigation Systems)

This definition shall apply to Sections 10-309 - 10-319 only. An occupational license that is issued by the Texas Commission on Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30. (Ord. No. 0-2009-19; 3/11/09)

Light Fabrication and Assembly Process

A variety of industrial activities, involving the manufacture and assembly of previously prepared materials such as food, drugs, cosmetics, cellophane, canvas, cloth, felt, fur, glass, leather, paint, paper, plastic, wood and metal; and not involving an excessive generation of noise, odor, vibration, dust or hazards.

Livestock

Live, domesticated animals including horses, cattle, sheep, pigs, etc., commonly found on a farm or ranch.

Livestock Auction

A commercial facility utilized for the sale of livestock at auction, including barns, pens and sheds for the temporary holding of animals awaiting sale.

Loading Area (Off-Street)

An unobstructed, hard-surfaced area, no part of which is located in any street or public right-of-way, the principal use of which is for the parking, loading, or unloading of automobiles, buses, trucks, and/or trailers.

Local Street

A street whose sole function is to provide access to abutting properties and to other streets from individual properties, and to provide right-of-way beneath it for sewer, water and storm drainage pipes.

Lodge or Fraternal Organization

A private, non-profit organization whose primary purpose is to promote the fellowship of its members, which may conduct business associated with philanthropy or civic awareness.

Lot

A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit, whether immediate or future and having frontage on a dedicated public or private street.

Lot Area

The total horizontal area included within the lot lines of the lot.

Lot, Corner (1)

A lot or parcel of land abutting two or more streets at their intersection.

Lot, Corner (2)

A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot, Double Frontage

A lot having frontage on two streets.

Lot, Flag or Panhandle

A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twelve feet.

Lot, Key

Any lot, the side property line of which abuts the rear property line of one or more lots and which are not separated by an alley or any other public way.

(Ord. No. 0-2018-83; 10/24/18)

Lot, Platted

A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

Lot, Open Space
A lot that may provide space only for greenbelts, landscape, and recreational uses. Lot must have frontage. Lot must be designated as unbuildable and dedicated as "open space" on the plat. Documented maintenance agreement by a Homeowners Association (HOA) is required. (Ord. No. 0-2014-97; 10/22/14)
Lot, Through

A lot in which the front and rear yards each abut on a street. Also, a lot other than a corner lot abutting more than one street, and having access to more than one street.

Lot, Reverse Corner

A corner lot which reverses the depth from the normal pattern of interior lots on a street. The front of the lot also changes from one street to the other.

Lot, Substandard

A lot or parcel of land that has less than the required minimum area or width as established by the district in which it is located.

Lot, Tax

A parcel of land assigned a number and so identified on the records of the Smith County Appraisal District (SCAD) for purposes of taxation.

Lot Coverage

The area of a lot covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

Lot Depth

The mean horizontal length of two lines drawn perpendicular* to the front lot line of a lot, each line passing through one of the two closest points of intersection of either the rear boundary of the zoning envelope (as defined herein) with the two side boundaries, or the front boundary of the zoning envelope with the two side boundaries.

*The measurement lines shall be made perpendicular to the rear lot line if the rear lot line is more perpendicular to the side lot line(s) than the front lot line. Required lot depth shall not include easement areas extending across the rear of the lot. For flag lots, measurement lines shall be drawn from the front lot line (or its extension) which is closest to the zoning envelope; built lot depth may be measured generally parallel to the street when lot width is measured perpendicular to the street in accordance with the definitions of lot width and depth.

(Ord. No. 0-2010-119, 11/10/10)

Lot Improvement

Any building, structure, place, work of art, or other object situated on a lot.

Lot Lines

The lines delineating the boundary of a lot as defined herein.

Lot Line, Front

The property boundary line that runs common with, and adjacent to, any street frontage or right-of-way separating such lot from such street or right-of-way. In the case of a corner lot, the narrowest width of the lot is deemed to be the front lot line. Where two lot lines abutting streets are of equal length, the owner will have a choice in designating which will be the lot frontage.

Lot Line, Rear

That property boundary line which is generally parallel to and most distant from the front lot line of the lot. For triangular lots, the point opposite the front lot line will be considered the rear lot line and have a value of zero.

Lot Line, Side

Any boundary line of a lot which is not a front lot line or a rear lot line.

Lot of Record

A parcel of land having its existence, location, dimensions and ownership legally recorded or registered, by deed or plat, with the Smith County Clerk.

Lot Width

The width of a lot as measured at the minimum front setback line, parallel to the front property line.

Lowest floor

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article.

Lumber Sales Yard

A primarily outdoor, commercial facility, operated by a business involved in the storage and sale of cut lumber and associated building materials

Machine or Welding Shop

A commercial facility in which metallic materials are processed by machining, cutting, grinding or welding.

Machinery Sales and Service Shop

A commercial facility utilized for repairing equipment, selling and servicing machinery.

Mainline

A pipe within an irrigation system that delivers water from the water source to the individual zone valves. (Ord. No. 0-2009-19; 3/11/09)

Maintenance checklist (Irrigation Systems)

A document made available to the irrigation system's owner or owner's representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. (Ord. No. 0-2009-19; 3/11/09)

Major maintenance, alteration, repair, or service

Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. (Ord. No. 0-2009-19; 3/11/09)

Major Plat

All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat requiring creation of any new street or extension of City facilities.

Major Utility

Public or private infrastructure serving the general community and possibly having on site personnel, consisting of the following: artesian well, cell antenna, cell tower, electrical distribution or substation, filter bed, stealth cell antenna, television and radio broadcasting transmitters, waste treatment plant, water towers, tanks or standpipes, and the like.

Manufactured Housing (mobile homes)

A manufactured home (formerly known as a mobile home) is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section. Manufactured homes are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis.

Manufactured Housing (Mobile Home) Park

A parcel of land under single ownership, operated as a commercial enterprise, which has been planned and improved for the parking of manufactured housing or mobile homes, for the purpose of occupying such as single-family residences. Such parks provide water, sewer, electric utilities and access ways, and may provide playgrounds and public use areas. A "trailer park".

Manufactured Housing (Mobile Home) Sales and Service Facility

A commercial facility utilized for display, sale and service of manufactured housing, mobile homes, travel trailers and motor homes.

Manufactured Housing (Mobile Home) Subdivision

A residential area designed and platted for the permanent placement of manufactured housing or mobile homes in a predetermined arrangement, with each mobile home being placed on a separate, platted lot. Not a trailer park.

Marquee

A permanent roofed structure attached to and supported entirely by a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. (Ord. No. 0-2013- 41 ; 5/22/13)

Master valve

A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. (Ord. No. 0-2009-19; 3/11/09)

Matched precipitation rate

The condition in which all sprinkler heads within an irrigation zone apply water at the same rate. (Ord. No. 0-2009-19; 3/11/09)

Maximum Seating Capacity

The capacity of a room in terms of the number of persons that may be seated in chairs or at work stations in that room, when the chairs or work stations are placed according to Building and Fire Codes or according to acceptable architectural practice. Most often the term is used in reference to classrooms, auditoriums and sanctuaries, and means the number of intended seats in the room according to the design of the room regardless of whether the seats are permanent or temporary.

Medical Appliance, Fitting and Sales Store: A commercial establishment specializing in the fitting and sale of artificial limbs and other special purpose devices related to medical treatment.

Mean Sea level (MSL)

The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Medical or Dental Office

A facility providing office space for physician(s), dentist(s), and related practitioner(s).

Medium Tree

A dicot or conifer tree, usually with one vertical stem or main trunk which naturally develops a more or less distinct and elevated crown and attains a height of more than 25 feet, but less than 50 feet, at maturity, as shown in the Approved Tree List in subsection 10-295.f. (Ord. No. 0-2009-32; 3/25/09)

Menu Board

An on-premise sign located adjacent to a drive-through service aisle displaying items for sale and prices.

Metes and Bounds

A description of real property by which property is not described by reference to “lot” or “block,” shown on a map, but is defined by starting at a known point and describing, in sequence, the lines forming the boundaries of the property.

Metropolitan Planning Organization (MPO)

Organization responsible for the development of transportation planning, and the development of transportation plans, transportation improvement programs, and the unified planning work program.

Minimum Finished Floor Elevation

The mean sea level elevation above which the lowest occupied floor slab, not including garages, of any building must be built.

Minor Plat

A subdivision resulting in four or fewer lots and not requiring the creation of any new street or extension of municipal facilities.

Minor Utility

Public or private infrastructure serving a limited area with no on site personnel, consisting of the following: storm water detention and retention, telephone exchanges, water and wastewater pump stations, and the like.

Mobile Food Unite

A vehicle establishment that is designed to be readily moveable and from which food is sold or served. The term includes, but is not limited to, a commercially manufactured vehicle. Commercially-manufactured vehicle means a vehicle that was originally manufactured for the use as a mobile food preparation vehicle. (Ord. No. 0-2014-113, 12/10/14)

Mobile Home

A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective February 19, 1975. (See Manufactured Housing.)

Model Home

A single-family, duplex or townhouse residential structure, temporarily used for display, sales or as an office, pending completion of the construction of new residential structures within the subdivision or development in which the model residential structure is located.

Monument or Ground Sign

A freestanding sign, of which the foundation and its supports are at least 80 percent as wide as the sign copy area and where the sign copy area is attached to a base and located close to the ground.

Mortuary or Funeral Home

A commercial facility in which deceased humans are prepared for burial and kept until interment, and in which funeral services may be conducted.

Motel (see also Hotel)

A commercial facility, building or group of detached or connected buildings, designed or used primarily for providing over-night lodging for automobile travelers and having a parking space adjacent or nearby each guest room. Such operations may include a restaurant and recreational facilities for the benefit of guests. An automobile court or a tourist court with more than one unit, or a motor lodge, is considered a motel; a bed and breakfast or tourist home, is not.

Motor Freight Terminal

A transportation facility operated by a truck line for freight loading, unloading and temporary storage.

Motor Vehicle

Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses.

Municipal Facility

A capital improvement owned and maintained by the city.

Municipal/Public Domain Property

Examples of this would include City Hall, public parks, Corps of Engineers property, State of Texas R. O. W., library, fire stations, water tower sites, or similar properties.

National Geodetic Vertical Datum (NGVD)

The nationwide reference surface for elevations throughout the United States made available by the National Geodetic Survey with the establishment of thousands of bench marks throughout the continent. The NGVD of 1929 is the reference datum for the City of Tyler.

Natural

The state of cover and topography of land before any manmade changes, or in areas where there have already been manmade modifications, the state of the area and topography of land at the effective date this code. (February 26, 1999).

New Construction

Construction for which a valid building or development permit has been issued after the effective date of this code (February 26, 1999).

New installation (Irrigation Systems)

An irrigation system installed at a location where one did not previously exist. (Ord. No. 0-2009-19; 3/11/09)

Nightclub

A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing is permitted; includes cabaret and disco.

Non-Commercial Banner

A banner that does not contain speech that proposes an economic transaction. (Ord. No. 0-2010-20; 3/10/10)

Non-Commercial Decoration

A decoration that does not contain speech that proposes an economic transaction. Does not include Holiday Decoration as defined in this chapter. (Ord. No. 0-2010-20; 3/10/10)

Nonconforming Building or Structure

Any building or structure, lawfully existing on the effective date of this code, or amendment thereto, or which was subsequently annexed to the city, which does not comply with all of the regulations of this code governing parking or bulk and area requirements for the district in which such building or structure is located.

Nonconforming Development

A development which was lawful prior to the adoption of this code but which fails by reason of such adoption to comply with this code.

Nonconforming Use

A use of building, structure or land lawfully utilized at the time of the effective date of this ordinance, or amendment thereto, or which was subsequently annexed to the city, which does not conform to the use regulations for the district in which it is situated.

Nonprofit Organization

A non-commercial entity which occupies, uses and enjoys real property for the conduct of a non-commercial activity, either through ownership or through a lease agreement.

Non-Canopy Tree

Any self-supporting woody plant with one or more trunks, which attains a height of at least 15 feet.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Non-health hazard (Irrigation Systems)

A cross-connection or potential cross-connection from a landscape irrigation system that involves any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable if introduced into the potable water supply. (Ord. No. 0-2009-19; 3/11/09)

Non-potable water

Water that is not suitable for human consumption. Non-potable water sources include, but are not limited to, irrigation systems, lakes, ponds, streams, gray water that is discharged from washing machines, dishwashers or other appliances, water vapor condensate from cooling towers, reclaimed water, and harvested rainwater. (Ord. No. 0-2009-19; 3/11/09)

Nudity; State of Nudity

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.

Occupancy

The use or intended use of land, building, or structures by proprietors, residents, or tenants.

Office

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Office Park

A large tract of land, often developed as a campus, that has been planned, developed and is operated as an integrated facility for a number of separate office buildings and supporting ancillary uses, with special attention given to circulation, parking, utilities, aesthetics, and compatibility.

Office-Showroom/Warehouse

A commercial facility with a minimum of seventy-five percent (75%) of its total gross floor area devoted to storage and warehousing, but not accessible to the public. The remaining floor area may include retail and wholesale sales areas, sales offices and display areas for products sold and distributed from the storage and warehousing areas.

Off-Site Improvement

Any public improvement located outside the physical boundaries of the subdivision or addition to be platted.

Off-Street Parking, Required for Primary Use

Off-street parking spaces provided in order to satisfy the minimum off-street parking requirements specified in this code.

Oil and Gas Field Equipment, Sales and Rental Yard

A commercial facility and open area, utilized for the display and storage of large oil field equipment and the offering of such equipment for sale or rent.

Oil and Gas Treatment and Processing Plant

An industrial facility designed to separate and recover hydrocarbons (e.g. butane, ethane, propane) and/or remove impurities (e.g., hydrogen sulfide) from petroleum and/or natural gas.

Open Space

Area included in any side, rear or front yard, or any unoccupied space on a lot that is open and unobstructed to the sky except as provided by this code.

Open Space, Common

Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Open Storage

The keeping, outside a building, of any goods, material, merchandise, or equipment on a lot or tract for more than 24 hours.

Optical Shop

A facility housing the workplace of an optician engaged in the fitting and sale of glasses, contact lenses and related optical apparatus for correcting vision.

Ornamental Tree

A tree planted primarily for its decorative value or for screening purposes; tends to be smaller at maturity than a canopy tree.

Orphanage

A group residential facility operated by a public agency or private institution, for long-term housing and care of orphans or homeless children.

Outdoor Storage

The keeping in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Outdoor Vending Machine

Any self-contained machine and/or storage container located outside or in a non-enclosed space that dispenses or provides storage of a product or service. Newspaper racks, phones, and fixed automatic teller machines are not considered or regulated as vending machines as part of these guidelines. (Ord. No. 0-2011-8, 1/26/11)

Paint and Wallpaper Store

A commercial establishment specializing in the retail sale of paint, painting equipment and wallpaper.

Paint Shop

A commercial facility where painting services are performed.

Palmstrist, Astrologer, Fortune Teller

Individual(s) practicing the reading of palms, cards or other medium, astrology or similar practice, whereby the future of another individual is interpreted or predicted for a fee. Such practice is considered a commercial activity.

Parcel

A continuous quantity of land in the possession of, owned by, or recorded as the property of, the same person(s).

Park or Playground (Public)

A recreational facility containing a park or playground, owned and operated by a public agency such as the City of Tyler, Smith County or the Tyler Independent School District.

Park or Playground (Private)

A recreational facility containing a park or playground, developed and sponsored by a quasi-public group or private agency, for the benefit of specific groups, such as "Little League" baseball, or for the public in general.

Parking Lot

An off-street, ground level area not within a building or structure where motor vehicles may be stored for the purposes of temporary, daily, overnight, or long-term off-street parking.

Parking, Shared

The development and use of parking areas on two or more separate properties for joint use by the businesses, organizations or other entities located on those properties by means of a written agreement.

Parking Space

An all-weather surfaced area, enclosed or unenclosed, no part of which is located in any street or public right-of-way, exclusive of driveways permanently reserved for the temporary storage of one vehicle and connected to a street or alley by a surfaced driveway which affords ingress and egress for vehicles (minimum 9'x18').

Parkway

The area lying between the right-of-way line of any public street (which is not an alley) and the curb line of the street; or if there is no curb line, the shoulder of the street; or if there is no shoulder or curb, the edge of the pavement of such street.

Pass-through contract (Irrigation Systems)

A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Pavement Width

The portion of a street available for vehicular traffic. Where curbs exist, it is the distance between the face of curbs

Pawn Brokerage Shop (Indoor)

A commercial establishment involved in loaning money on the security of personal property, with all display and storage of items indoors. Unclaimed property may be sold on premises.

Pawn Brokerage Shop/Lot

A commercial establishment involved in loaning money on the security of personal property, with outdoor display and storage of items. Unclaimed property may be sold on the premises.

Perimeter Street

Any existing or planned street which abuts the subdivision or addition to be platted.

Permeable Surface

A pavement system that allows water to seep through the surface, permitting natural filtration. (Ord. No. 0-2010-119, 11/10/10)

Person

An individual, proprietorship, partnership, corporation, association or other legal entity.

Pet Shop

A completely indoor, commercial establishment specializing in the display and retail sale of small animals, such as dogs, cats, parakeets, goldfish, tropical fish or canaries, as pets, without involving commercial boarding or medical treatment of any animal, fish or bird.

Petroleum Refinery

An industrial facility utilized for the bulk storage and refining of crude petroleum and for production of refined petroleum products.

Pharmacy (Apothecary)

A commercial facility housing the workplace of a pharmacist engaged in preparation, preservation, compounding and dispensing of drugs and medicines. Not a drug store.

Photocopy/FAX Service

A commercial establishment that specializes in reproducing drawings, plans, maps, or other copy by means of photocopying and may offer FAX services.

Photography Studio

A facility housing the workplace of a professional photographer engaged in taking and processing photographs; not a bulk processing plant.

Piano, Music Lessons at Home

Individual instruction in piano or other musical instrument, taught by a resident of the household.

Planning and Zoning Commission

The city planning and zoning commission, which conducts public hearings concerning petitions for rezoning, special use permits, annexations, subdivision plats, and thoroughfare closures. The planning and zoning commission also conducts public hearings on proposed annexations and other matters pertaining to the physical development of the city. (0-2003-38, 7-23-03) (Ord. No. 0-2010-20; 3/10/10)

Planning Director

The head of the planning department, responsible for administering the planning activities of the city, and for the interpretation and enforcement of this development code.

Plant Materials

Living trees, shrubs, vines, grass, ground covers and flowering annuals, biennials and perennials.

Plat

A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the city subdivision standards and subject to approval by the planning and zoning commission or planning director and filed in the plat records of Smith County. (O-2003-38, 7-23-03)

Plat, Amended

A revised plat in which errors have been corrected or minor changes have been made to the original recorded final plat.

Plat, Dedication

A plat prepared for the purpose of dedicating land or easements for rights-of-way to the city.

Plat, Final

A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision code of the city and subject to approval by the commission or director and filed in the plat records of Smith County.

Plat, Major

All plats not classified as minor plats, including but not limited to subdivisions of more than four lots, or any plat requiring creation of any new street or extension of municipal facilities.

Plat, Minor

A subdivision resulting in four or fewer lots and not requiring the creation of any new street or extension of municipal facilities.

Plat, Preliminary

The preliminary drawing(s), described in these regulations, indicating the proposed manner or layout of the subdivision or addition to be submitted to the commission for approval.

Plat, Sketch

A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of these regulations.

Platting

The act of preparing for approval and processing, pursuant to these regulations, the plan or map for the subdivision or addition to be filed for record in the county where such subdivision or addition is located; includes development plat unless otherwise noted.

Plumbing, Electrical, Air-Conditioning and Heating Shop

A commercial establishment providing supplies, repairs, installation and sales of plumbing, electrical, air-conditioning and/or heating equipment.

Political Sign

A temporary sign displayed in connection with a local, state, or national election or referendum.

Pool Hall

A commercial establishment providing customers with billiard tables, either for a fee or as a free service, where customers are allowed to play pool and other billiard games.

Portable Building or Unit

A transportable building that does not have an integral, permanent foundation and that is not a residential structure.

Portable Building Sales

A commercial establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes.

Portable Sign

A sign which is not permanently affixed to a building or to the ground and is capable of being moved or removed, and is primarily used for the purpose of advertising. This shall include, but not limited to, any sign mounted on a vehicle, trailer, or mobile structure capable of being moved.

(Ord. No. 0-2010-119, 11/10/10)

Potable water

Water that is suitable for human consumption. (Ord. No. 0-2009-19; 3/11/09)

Pre-Development Clearing of Land

The removal of trees, foliage, earth, sand, or other natural or manmade materials on land before the issuance of a building permit.

Premises

A lot, together with all buildings and structures.

Pre-School
A publicly certified or privately accredited facility for children typically ranging from three to four years of age. (Ord. No. 0-2018-83; 10/24/18)

Pressure Vacuum Breaker

An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. (Ord. No. 0-2009-19; 3/11/09)

Primary Arterial

A road intended to move traffic to and from major attractions such as shopping centers, colleges, major industrial employers, and similar traffic generators within the governmental unit.

Principal Use

A use that fulfills the primary function of an establishment, institution, household, or other entity. (See Accessory Use.)

Print Shop, Major

A commercial establishment specializing in long-run operations using a variety of printing presses. Long-run operations involve book publishing, blue prints, die cutting, printing of catalogue sheets, newspapers, engraving, four-color printing, lithography and thermography.

Print Shop, Minor

A commercial establishment specializing in short-run operations that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports. Short-run operations refer to services that include, for example, the copying of newsletters, flyers and resumes. Placement of orders for printing conducted off-premises is permitted.

Prison

See Correctional Facility.

Private Club

Premises occupied by an association of persons who have been granted a private club registration permit under the State Alcoholic Beverage Code, enabling said club to have alcoholic beverages stored, possessed and mixed on the club premises, or served for on- premises consumption to club members and their families and guests.

Private Recreational Club

Premises used as a private club by persons who are voluntarily associated in either an incorporated or unincorporated relationship, for the purposes of engaging in recreational activities including golf, tennis, swimming, boating, racquetball, bowling and similar activities, but not including coin-operated billiard tables, pinball machines, electronic machines, and other table games customarily played indoors. As used in this definition, the term "premises" mean(s) all contiguous lots and land owned by the association. A private recreational club may provide food service. Where alcoholic beverages are served or provided, the gross income of the association from membership fees, service charges for the use of recreational facilities, and food sales, by excluding income from pool tables, pinball machines and similar devices, shall constitute at least fifty (50%) percent of the gross income of the association, exclusive of State sales tax and exclusive of State gross receipt tax on the sale of alcoholic beverages.

Private Restaurant Club

A building or portion of a building operated as a private club where the primary business is the on-premise sale of prepared food, with adequate kitchen facilities for the preparation of such food. The adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and type of menu offered; and where at least fifty (50%) percent of the gross income of the organization, exclusive of State sales tax and exclusive of State gross receipts tax on the sale of alcoholic beverages, shall be derived from the sale of prepared food; and where any outside entrances, outside separate identification, outside signs or other separate advertising for lounge or bar areas shall be permitted only as an accessory or secondary feature of the restaurant. Live entertainment permitted.

Private Streets & Alleys

A private vehicular access way shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of this ordinance. The term private street shall be inclusive of alleys.

Projected Image Sign

A non-animated sign projected on the face of a wall from an electronic device that is not on the plane of the wall. (Ord. No. 0-2021-23; 3/24/21)

Projecting Sign

See Sign, Projecting.

Property

The real property included within the boundaries of any lot approved and recorded in the plat records of Smith County, or an unplatted tract or parcel of land as described and recorded in the Real Property Records of Smith County, Texas.

Protected Tree

A tree that has a barrier constructed in such a way that the tree is protected from damage due to construction or from normal vehicular movement.

Protective Fencing

Chain link fence, orange vinyl construction fencing or other similar fencing with a minimum height of four feet.

Property Owner

Any person, firm, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land comprising the subdivision or addition, or any representative or agent thereto, who has express written authority to act on behalf of such owner.

Property Line

The line dividing two adjacent properties, or a property and a public alley.

Property Ownership

Ownership of real property within the boundaries of Smith County as listed on the tax rolls of the Smith County Appraisal District (SCAD), or by valid deed of ownership.

Public Building

Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used, and/or primarily occupied, by any division or agency of the State, Federal, County or City government, or by any public or quasi-public agency or utility.

Public Facilities

Any buildings or facilities which are owned, leased, primarily used and/or primarily operated by the city including, but not limited to, transportation services, utility services, transmission lines, metering facilities, and recreation facilities/services.

Public Improvement

Any drainage way, roadway, parkway, sidewalk, utility, pedestrian way, off-street parking area, lot improvement, open space, or other facility for which the city or other governmental entity will ultimately assume responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public Office of Local, State or Federal Agency

A governmental facility such as office buildings, courts, law enforcement headquarters, which are required by branches of local, state or federal agencies for service to an area.

Public Shop or Yard, of Local, State or Federal Agency

A facility such as a maintenance yard and shops, required by branches of local, state, or federal agencies for service to an area; e.g., State or County Highway Department Yard, City Service Center, Experiment Station, etc.

Private Way

An officially approved, privately maintained access constructed in accordance with the currently adopted version of the International Fire Code, open to irrevocable access, serving two or more lots as their primary means of access. (Ord. No. 0-2014-97; 10/22/14)

Race Track (Automobile/Motorcycle)

A facility for motorized races, including closed course, straightaway or acceleration runs.

Race Track (Horse, Dog)

A facility for conducting animal races, and which may include paramutual wagering, licensed by the State.

Radio, Television or Microwave Communications Operations (Amateur)

The transmission, retransmission or reception of radio, electromagnetic or microwave signals for private or personal use and not for operating a business or for financial gain.

Radio, Television or Microwave Communications Operations (Commercial)

The transmission, retransmission or reception of radio, electromagnetic or microwave signals primarily for the purpose of operating a business or for some other financial gain.

Radio, Televisions or Microwave Broadcasting Tower

A structure supporting an antenna for transmitting or receiving any portion of the radio spectrum, but excluding non-commercial antenna installations for home reception of radio or television broadcasts.

Railroad Freight Terminal and Yard

A transportation facility on a railroad line for loading and unloading of freight, and maintenance of locomotives, cars and other rolling stock.

Railroad Passenger Station

A transportation facility on a railroad line for loading and discharging of passengers.

Railroad Team Track, Freight Depot or Docks

A transportation facility utilized by a railroad for loading and unloading of freight trains.

Railroad Track and Right-of-way

The right-of-way and track used by a railroad, but not including railroad stations, sidings, team tracks, loading facilities, dock yards or maintenance areas.

Reader Board:

An on-premise sign designed to give information such as a list of items and services available, their price, or any other related commercial messages. These signs are characterized by the ease in which the message may be changed.

Reclaimed water

Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. (Ord. No. 0-2009-19; 3/11/09)

Records of landscape irrigation activities

The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Recreation Center

A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

Recreational Vehicle

Any camper, travel trailer or other trailer (including boats, autos, or any other item stored thereon), designed to be towed on public streets which exceeds twenty-two feet (22') in length; or any motor home, coach bus or other self propelled vehicle which exceeds twenty-two (22') feet in length.

Recreational Vehicle means a vehicle which is:

1. built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projections;

3. designed to be self-propelled or permanently towable by a light duty truck; and

4. designed primarily not for use a s permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational Vehicle (R.V.) Dealership

A commercial establishment involved in the display, sales and service of new or used recreational vehicles, R.V.'s, including campers, motor homes and travel trailers.

Recreational Vehicle (R.V.) Park

Any premises designed primarily for transient occupancy on which one or more motor homes, travel trailers or campers are parked or situated, and used for the purpose of supplying to the public a parking space for one or more such vehicles, for not more than fourteen (14) consecutive days.

Recreational (or Special) Vehicle

A large recreational or special vehicle is any camper, travel trailer or other trailer (including boats, autos, or any other item stored thereon), designed to be towed on public streets and which exceeds 22 feet in length; or any motor home, coach, bus or other self-propelled vehicle which exceeds 22 feet in length; or a truck- tractor (without trailer). Truck-tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so as to carry a load other than a part of the weight and load so drawn. The definition of large recreational or special vehicle shall not include any other commercial or heavy vehicles otherwise prohibited in residential areas by Chapter 10 or 17. (Ord. 0-2000-52, 7/26/00)

Rectory or Parsonage

A residential facility designated by a church to be used by the clergy of that church as a place of residence. Such facilities are often located on or adjacent to the primary church property, but such proximity is not required. A rectory or parsonage may include counseling rooms and private meeting rooms, but these uses are secondary to the primary use of the facility as a residence.

Recycling Center (Limited)

A private or commercial facility that is not a salvage yard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand, all within a completely enclosed building.

Recycling Collection Point

A collection facility for small volumes of refuse material, such as bottles and newspapers, collected either in a portable container or small structure. Processing of such items is not permitted at such facilities, only collection, reduction and packaging.

Recycling/Reprocessing Center (All Materials)

A commercial facility that is not a salvage yard, in which recoverable resources, such as newspapers, magazines, books, other paper products, metal and glass containers, are recycled, reprocessed and treated to return such materials to a condition in which the materials may again be used.

Reduced Pressure Principle Backflow Prevention Assembly

An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. (Ord. No. 0-2009-19; 3/11/09)

Rehabilitation Care Facility

A residential facility which provides housing and care to not more than six (6) persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, or mental illness, living together with not more than two (2) supervisory personnel, as a single housekeeping unit.

Rehabilitation Care Institution

A group residential facility which provides housing and care for seven (7) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, or mental illness, living together with supervisory personnel.

Remainder

The residual land left after platting of a portion of a tract. Platting of a residual may in some instances be required under the provisions of this code.

Removal

Uprooting, severing the main trunk of a tree, or any act, which causes or may reasonably be expected to cause a tree to die, including without limitation damage inflicted upon the root system by machinery, storage of materials, or soil compaction.

Replatting

Any change in a map of an approved or recorded plat, except as permitted as an amended plat, that affects any street layout on the map or area reserved or dedicated thereon for public use or any lot line, or that affects any map or plan legally recorded prior to adoption of any regulations controlling subdivisions or additions. Replatting includes the combination of lots into a single lot for purposes of development.

Reprographic Service Shop

A commercial establishment providing quick reproduction service for written material, documents, reports, correspondence, drawings and plans, and providing supplies related to the production of such original material. See Photocopy/FAX Service.

Rescue Mission

A group residential facility, usually operated by a non-profit, charitable, or religious organization, which provides temporary boarding and/or lodging and ancillary services on the premises to primarily indigent, needy, homeless or transient persons.

Research Institute and Laboratory

A building(s) in which are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residence Hotel

An extended stay lodging facility consisting of efficiency units or suites, each with a complete kitchen suitable for long- term occupancy. Customary hotel services such as linen, maid service, telephone and upkeep of furniture are usually provided. Meeting rooms, club house and recreational facilities intended for the use of residents and guests are permitted. This definition shall not include other dwelling units as defined by this Ordinance.

Restaurant or Cafeteria

A commercial establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant or Eating Place with Drive-thru Service

A commercial establishment serving food to the public, having a designated dining area, as well as a drive-thru, food service window.

Restaurant or Eating Place with Drive-in Service

A commercial establishment that offers quick food service, which is accomplished by means of a limited menu, where food is served for consumption on the premises, to customers seated in a motor vehicle, and which may or may not, have an on-premise dining room or service counter. A "Drive-in".

Restaurant or Eating Place, Fast-Food

A commercial establishment that offers quick food service, which is accomplished by means of a limited menu of items (hamburgers, chicken, etc.), already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Resubdivision

The replatting or change to an approved or recorded subdivision plat that affects any street layout or area reserved thereon for public use or any lot line, or that affects a map or plan legally recorded prior to adoption of any regulations controlling subdivisions.

Residence

Same as a dwelling; also, when used with district, an area of residential regulations.

Residential district

A single-family, duplex, townhouse, multiple-family or manufactured home zoning district as defined in the Zoning Ordinance.

Residential use

A single-family, duplex, multiple family, or manufactured home park, manufactured home subdivision and campground use as defined in the Zoning Ordinance.

Retail Services, Incidental

The rendering of retailing or services incidental to the primary use. In an Office district, such uses might include a barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Such uses shall have no separate outside entrance and no outside signage.

Retail Sales (Store or Shop)

A variety of commercial establishments engaged in the selling of goods and merchandise to the public for personal or household consumption and rendering services incidental to the sale of such goods.

Retention

The permanent storage and controlled release of stormwater runoff.

Retention Facility

Means a facility that provides permanent facilities for storage of stormwater runoff.

Retirement Center (Congregate Housing)

A multi-family residential facility, building(s) containing semi-independent dwelling units, similar to apartments, where the occupants of the dwellings are primarily persons 60 years of age or older. Residents are provided special support services such as meal preparation, central dining and limited medical care. Such facilities may also provide other services such as transportation and counseling.

Retirement Center (Independent Housing)

A multi-family residential facility, building or group of buildings containing individual self-contained dwelling units where the occupancy of the dwellings is primarily persons 60 years of age or older, or couples where either the husband or wife is 60 years of age or older. No medical care or convalescent facilities are provided. Senior apartments.

Review and accept

A phrase that indicates that the City considers the submitted item is in compliance with this ordinance.

Revival, Outdoor/Tent

An outdoor religious service of limited duration, perhaps conducted under a tent or other similar portable covering. Outdoor events of this type are permitted as a Temporary Use. See Temporary Use.

Start of construction for other than new construction or substantial improvements under the Federal Coastal Barrier Resources Act (Public Law 97-348)

Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Right-of-Way

A strip or parcel of land occupied or intended to be occupied by a street, alley, or utility. Other facilities and utilities that may require or be placed within the right-of-way include sidewalks, railroad crossings, electrical, communication, oil or gas, water or sanitary or storm sewer facilities, or for any other special use. The use of right-of-way will also include parkways and medians outside of pavement. The use of the term "right-of-way" for land platting purposes will mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

Right-of-Way, Private

An area of land deeded, reserved by plat, or otherwise designated to be occupied by a street, railroad, electric transmission line, oil or gas pipeline or other private use.

Right-of-Way, Public

An area of land deeded, reserved by plat, or otherwise accepted and maintained by the city, county, or the state for public use, including streets, water mains, sanitary or storm sewer mains.

Right-of-Way Line

The line dividing a property and the public right-of-way set aside for street purposes.

Room

A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Rowhouse

A series of dwelling units, attached in a row, separated by vertical fire walls, in which each residence is owned individually. This term is synonymous with townhouse.

Sales, Outdoor, (Permanent)

Open-air sales lot, intended for the continuous, year round display of merchandise outdoors.

Sales, Outdoor, (Temporary)

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. See Temporary Use, Special Use.

Salvage Yard

Any establishment maintained, used or operated for storing, keeping, dismantling, salvaging, buying or selling of: 1) scraps or discarded pieces of metal, paper, rags, tires, bottles and other materials; 2) inoperable, wrecked, scrapped, ruined or discarded automobiles or other motor vehicles, automobile parts, machinery or appliances. If junked or wrecked automobiles remain outside a building for more than thirty (30) days as inoperable, partially dismantled, wrecked, or junked automobiles, the area shall be deemed for the purpose of this ordinance, a salvage yard.

Sanatoriums, Medical

A health care facility providing health services for treatment of the chronically ill. A hospital devoted to specialized treatment.

Sand, Gravel, Stone or Earth Sale and Storage Facility

An outdoor facility for storing and marketing sand, gravel, stone or other earthen substances.

Sand, Gravel, Stone or Mineral Extraction Facility

A site where stone, sand, gravel or minerals are mined or extracted.

Sandwich Board Sign

A ground sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held to an appropriate distance by a supporting member. This sign type is only allowed in DBAC. (Ord. No. 0-2010-119; 11/10/10)

Sanitary Landfill (Public or Private)

See Landfill.

Satellite Dish Antenna

A device incorporating a reflective surface that is solid, open mesh, or bar configured, and is usually in the shape of a shallow dish, cone, or horn. Such device(s) are used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based sources (satellites). This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, TVRO's (television reception only satellite dish antennas), and satellite microwave antennas.

Saved Tree

An existing tree, which is maintained in a living and growing condition.

Saw Mill

An industrial facility having power driven machinery for sawing logs and usually accessory facilities for drying and storage of wood materials and by-products.

Schedule

The timed interval that messages are displayed on an electronic message sign.

School

A public, private or parochial educational facility, that provides a curriculum of elementary and/or secondary academic instruction, including pre-school/kindergartens, elementary schools, junior high/middle schools and high schools. (Ord. No. 0-2018-83; 10/24/18)

School, Business or Professional

A school, commercial or non-profit, organized to offer instruction and training in a service or art, such as secretarial school, barber college, beauty school or commercial art school, but not including trade schools.

Screening

A method of visual shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, hedges, berms, or densely planted vegetation.

Seating Capacity

The actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity will be determined by the building code

Second Story Loft/Studio Apartment
Any portion of a commercially-used building above the first story, which is designed, built, rented, leased or let to be occupied as one or more dwelling units or apartments. (Ord. No. 0-2023-115; 12/13/23)

Secondhand Store (Used Furniture or Rummage)

A commercial establishment involved with the sale of secondhand or used furniture and other household items, in which there is no outside display or storage of items.

Section Signs

A sign or outline lighting system, shipped as sub-assemblies, which requires field-installed wiring between the sub-assemblies to complete the overall sign. The sub-assemblies are either physically joined together to form a single sign unit are installed as separate remote parts of an overall sign. (Ord. No. 0-2010-119; 11/10/10)

Security

A letter of credit or cash escrow provided by the applicant to secure its promises in the improvement agreement.

Security Facility

A structure and the equipment required in order to ensure the security of an establishment. Such facilities may include fences, lights, towers, guard houses, cameras and other surveillance equipment. Mobile home for housing security personnel permitted as a Special Use.

Sedimentation

The deposition of detached soil particles or rock fragments after being transported from their site of origin by runoff water.

Sedimentation facilities

Shall mean facilities for collection of detached soil particles or rock fragments in a designated area including, but not limited to, land terraces, hay bales, and vegetative ground cover.

Self-Service Storage Facility

A building(s) in a controlled access and fenced compound, that offers to the public various sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of goods or wares. See Mini-Storage Warehouses.

Semi-nude

A state of dress in which clothing covers no more than the genitals, pubic region or areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Service (Retail)

A variety of commercial establishments engaged in the sale and/or servicing of goods, where a minimum of eighty percent (80%) of the gross floor area is devoted to service, repair or fabrication of such goods, and the service area is not accessible to the public. Vehicle services, automotive uses and rental stores are specifically excluded from this definition.

Service Station

Any premises where gasoline and other motor fuels are sold and dispensed, and light vehicle maintenance services, such as engine tune-ups, lubrication, minor repairs, flats fixed and carburetor cleaning, are performed. Service stations do not include premises where heavy vehicle maintenance such as engine overhauls, automobile painting, and body/fender work are performed.

Setback (1)

A line, established by this code, parallel or approximately parallel to the front lot line at a specific distance there from, marking the minimum distance from the front lot line that a building may be erected, except or unless as specifically provided in this code.

Setback (2)

The distance between a building and the property line nearest to the building.

Sexual Encounter Center

a. A business or commercial enterprise that, as one of its primary business purposes and on premises owned, controlled or associated with such business or commercial enterprise, offers, for any form of consideration, one or more of the following activities to occur on-site:

1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2. Activities between male and female persons and/or persons of the same sex when one or more of the employees of the establishment is in a state of nudity or semi-nude; or

3. The fondling or other erotic touching of robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species; or

4. Sexual activities between person(s) and robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species.

b. For purposes of subsections 3. and 4. above, the term "robot" shall mean a machine resembling a living creature (fictional or non-fictional, real or imagined), and able to replicate certain movements or functions of such living creature. (Ord. No. 0-2018-83; 10/24/18)

Sexually Oriented Business

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center

Shoe Repair Shop

A commercial establishment specializing in repair or reconditioning of footwear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.

Shopping Center

A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on- site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Shop, Specialty Retail

A commercial establishment displaying and offering for retail sale, indoors, exclusive items and/or a limited variety of merchandise; e.g., a dress shop, toy-hobby shop.

Shop, Work/Repair

A commercial facility housing the workplace of a craftsperson or other individual involved in the practice of a trade; e.g., television repair shop, watch repair shop.

Shrub

A woody perennial plant distinguished from a perennial herb by its persistent, woody stem and from a tree by a mature height of less than 15 feet and having no distinctive elevated crown of foliage.

Sidewalk (1)

The paved portion of the public right-of-way between the curb lines of a street, or the lateral lines of a roadway, and the adjacent or abutting property lines intended for the use of pedestrians.

Sidewalk (2)

A paved or brick walk, separated from a street, and intended for the movement of pedestrian traffic and built to City of Tyler specifications.

Sidewalk

That paved portion of the public right-of-way between the curb lines of a street, or the lateral lines of a roadway, and the adjacent or abutting property lines intended for the use of pedestrians

Sidewalk, Defective, Unsafe or Hazardous

Any sidewalk sections that are upheaved or depressed, thereby causing an abrupt change in grade or any condition designated by the city to constitute a risk to the public health and safety.

Sign

Any object, device, display or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Signs include, but are not limited to: banners, billboards, bulletin boards, directional signs, monuments, home occupation signs, menu boards, reader boards, and tenant directories as by their common interpretations

Sign (see also Billboard)

A structure or device designed or intended to convey information to the public in written or pictorial form. Any outdoor display, device, figure, painting, drawing, message, plaque, poster, billboard or other object, whether permanently erected or portable, which is designed or intended to be used to advertise or inform and which is designed to be primarily viewed from any place on a public way.

For the definition of specific types of signage and the definitions of sign terms, refer to the sign regulations in of this code.

Sign Area

The area of a facade for freestanding letters or cut out letters displayed as a sign is the area enclosed within the smallest regular geometric figure (e.g., square, rectangle) needed to encompass completely all letters, insignia, or symbols of the sign, including horizontal spacing between letters, insignia, or symbols. For facade signs other than those composed of freestanding letters, words, insignia, or symbols that have a background and\or are framed in any manner, the area of the sign is the total area within the outer edge of the frame (border) of the sign.

Sign, Directional

Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one way", "entrance" and "exit".

Sign Face

The area of display surface used for the message.

Sign, Fixed

Any sign attached to a building or structure.

Sign Height

The height of a sign is the vertical distance from the average ground level abutting a building or structure to the highest permanent part of the sign.

Sign, Projecting

A sign attached to and projecting out from a building face or wall, generally at right angles to the building.

Sign, V-type

A structure of two signs in the shape of the letter "V" when viewed from above and with their faces oriented in opposite directions. Each face constitutes a separate sign.

Single-Family Residence, Attached

A dwelling that is part of a structure containing two or more dwellings, each designed and constructed for occupancy by one family, with each dwelling attached by a common wall to another in which each dwelling is located on a separate platted lot (unless the dwelling is part of a Planned Development District approved without separate platted lots or within zoning districts that require a lot size of at least one acre where permitted), with each unit having its own front and rear access to the outside, and no unit is located over another unit. (Ord. No. 0-2019-87; 10/8/19)

Single-Family Residence, Detached

A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other separate lot or tract.

Site Development Plan

A plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Site Plan Review

The process whereby the city staff review the site plans and maps of a developer to assure that they meet the purposes and standards of the zoning code, subdivision code, and other city requirements.

Sketch Plat

Small Cell Communication Facility

A low-power radio access facility, together with associated antennas, mounting and mechanical equipment, which provides and extends wireless communications systems' service coverage and increases network capacity, and such antennae is attached either to a pole which supports an athletic field or parking lot light, street light or utility line or to a building or other structure. Includes Distributed Antenna System (DAS). (Ord. No. 0-2017-69; 8/23/17)

Small Tree

A self-supporting wood perennial plant which normally attains an overall height less than 25 feet at maturity, as shown in the Approved Tree list in subsection 10-295.f. (Ord. No. 0-2009-32, 3/25/09)

Snipe Sign

An off-premise sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stake fences, or other objects. (Ord. No. 0-2010-20; 3/10/10) (Ord. No. 0-2010-119; 11/10/10)

Spell on Display Mode

The display mode where each word is spelled out until the entire message appears.

Special Flood Hazard Area (SFHA)

See Area of special flood hazard. (Ord. No. 0-2008-48; 4/23/08) (Ord. No. 0-2008-130; 9/24/08)

Special License Plate

A symbol, tab, or other device issued by the Texas Department of Transportation or successor agency to a permanently disabled person under state law and designed for a vehicle transporting a permanently disabled person.

Special Promotional Device/Activity

A balloon, banner, mechanical apparatus, lights, etc. displayed or exhibited, or activity performed for promoting an establishment or entity. Permitted as a Temporary Use. See Temporary Use.

Special Use

A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to the duration, number, area, location, and relation to the surrounding area, would not be detrimental to the public health, safety, or welfare. A conditional use.

Special Use Permit (SUP)

A permit authorized by the city council permitting a special use at a specific location, for a specified period of time, unless otherwise noted.

Specified Anatomical Areas

Human genitals, pubic region, buttocks, anus, or female breast.

Specified Sexual Activities

Means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth above.

Spell on Display Mode

The display mode where each word is spelled out until the entire message appears.

Stable, Riding Club

A public or private facility, including buildings and land, intended to accommodate equestrian events, where horses are kept for hire, sale, boarding, riding or show.

Stable, Private

An accessory structure in which horses are kept for private use and not for remuneration, hire, or sale.

Stack (Queuing) Space

A paved drive leading off a public street, to a point(s) where service is provided while the individual is seated in a motor vehicle, e.g., drive-thru bank teller window or carry-out food service window; or for the purpose of loading and unloading passengers from vehicles.

Stadium (Public)

A recreational facility providing an athletic field and spectator seating for viewing athletic or other events, owned and operated by a public agency for the benefit of the public, including, but not limited to, a baseball field, football field, rodeo arena, or multi- purpose stadium.

State Highway:

Any street maintained by the Texas Department of Transportation pursuant to agreement with the City of Tyler. The term also includes city streets that intersect state highways and includes features that support traffic flow of the state highway. The length of city street included under this definition shall be measured from the curb line of the state highway to the furthermost end of turn lanes, acceleration lanes, declaration lanes, and related improvements that are in place solely to support traffic ingress and egress onto the state highway. This length shall include, as a minimum, the street surfacing maintained by the Texas Department of Transportation. (Ord. No. 0-2006-70; 8/9/06)

Static water pressure

The pressure of water when it is not moving. (Ord. No. 0-2009-19; 3/11/09)

Storm Drainage Design Standards

The current edition of a document(s) containing minimum acceptable methods and practices for planning, design and/or construction of drainage improvements and sediment control.

Streamers

Long, narrow flags, pennants or ribbons, frayed or unfrayed, designed to direct or attract attention to an object, person, institution, organization, business, product, service, event, or location.

Studio of the Arts (Instructional)

A public or commercial facility offering a place for instruction, coaching or counseling of personal skills involved in the arts; e.g., painting, sculpture, drama, dance, music, public speaking or similar skills.

Studio of the Arts (Private)

A private facility housing the workplace of an artist engaged in painting, sculpture or other individual artistic endeavor.

Studio (Broadcasting or Recording)

A public or commercial facility for broadcasting live or pre-recorded programs by radio or television, or recording of such programs, records, tapes, compact discs, video tapes or other recorded media. Such a facility may house activities and equipment necessary for recording and programming, broadcasting and receiving, radio and television signals. Such facility shall not engage in mass production.

Store

A facility housing a commercial establishment displaying and offering for sale, indoors, a wide variety of merchandise, e.g., grocery store, department store, discount store.

Storm Drainage Design Standards

The current edition of a document(s) containing minimum acceptable methods and practices for planning, design, and/or construction of drainage improvements and sediment control.

Storm Water Retention Basin and Pumping Station

A reservoir, lake, pond or area designated for temporary storage of surface water during periods of heavy run-off, together with any pumping facilities, tanks, gates or similar control structures related to drainage operations.

Story

That portion of a building enclosed between the upper surface of a floor and the upper surface of the floor or roof next above. For computing building height pursuant to this code, the average height for a story will be defined as 12 feet 6 inches.

Story, Half

A space under a sloping roof which has the line of intersection of the roof decking and wall face, not more than four feet above the top floor level, and in which space not more than two-thirds of the floor area is finished-off for use. A half-story containing independent apartment or living quarters will be counted as a full story.

Streamers

A long, narrow flag, pennant or ribbon, frayed or unfrayed, designed to direct or attract attention to an object, person, institution, organization, business, product, service, event, or location.

Street

Any thoroughfare or public way, other than an alley, more than 25 feet in roadway width, which has been dedicated to the public for public use.

Street, Collector

These roadways serve as connectors from local roads to arterials, provide a moderate degree of mobility and access, accommodate moderate traffic volumes, and serve demand for intra-area travel for people. Typically, collectors serve residential and commercial traffic over short distances connecting residences and neighborhood commercial centers. (Ord. No. 0-2023-29; 4/26/23)

Street, Functional Classification

A hierarchical organization of streets and highways that facilitates the safe and efficient operation of vehicles along different types of facilities and based upon the degree of use by vehicles. The order of functional classification, from highest (heaviest amount of use) to lowest (lowest amount of use) is as follows: interstates, freeways and expressways, principal arterials, minor arterials, collectors, and local streets (such as residential and cul-de-sacs). (Ord. No. 0-2006-11, 1/11/06) (Ord. No. 0-2023-29; 4/26/23)

Street Line

A boundary line between a lot, tract or parcel of land and a contiguous street right-of-way. A street line is the same as a front property line or right-of-way line.

Street, Local

These roadways serve individual lots, provide a low degree of mobility with a high degree of access to adjacent properties, accommodate low traffic volumes, and serve as the origin or destination end of a trip. Typically, local streets serve neighborhood traffic and have a short length before connecting to a higher classification street. (Ord. No. 0-2023-29; 4/26/23)

Street, Minor Arterial

These roadways serve intra-community travel within the area, provide a high degree of mobility with moderate access to adjacent properties, accommodate high traffic volumes, and serve demand for inter and intra-area travel for people and freight. Typically, minor arterials serve trips of moderate length and connect collectors and local streets to principal arterials. (Ord. No. 0-2023-29; 4/26/23)

Street, Principal Arterial

These roadways serve major centers of metropolitan areas, provide a high degree of mobility with minimal access to adjacent properties, accommodate high traffic volumes, and serve demand for inter-area travel for people and freight. Typically, principal arterials serve a particular urban area, radiating out from the urban center to serve the surrounding region. (Ord. No. 0-2023-29; 4/26/23)

Street, Private

A private vehicular access way shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of this code. The term private street will be inclusive of alleys.

Street, Perimeter

Any existing or planned street which abuts the subdivision or addition to be platted.

Street, Road (Public)

A public thoroughfare, including all the property reserved or dedicated for vehicular traffic, which affords the principal means of access to abutting property.

Street, Road (Private)

A way open to vehicular ingress and egress not maintained by public established as a separate tract for the benefit of certain, adjacent properties. This definition does not apply to driveways.

Street, Substandard

An existing street or highway that does not meet the minimum specifications in the City of Tyler Subdivision Design Guidelines, or a State Highway or FM Highway that does not meet the minimum Standard Specifications of the Texas Department of Transportation and is not constructed to the ultimate extent for the type of roadway it is designated for in the major thoroughfare plan. A standard street is a street or highway that meets or exceeds said standard specifications and major thoroughfare plan.

Street Use License

Permission granted by code for the private use of the public right-of- way.

Street Yard

The area of a lot which lies between the street right-of-way line and the front, side and/or rear wall building line. See Illustrations 1 thru 6 in Section 10-89.

Structure (1)

A combination of material to form a construction that is safe and stable, including among others; buildings, stadiums, reviewing stands, platforms, staging, observation sheds, shelters, fences and display signs.

Structure (2)

A walled and roofed building, including a gas or liquid storage tank that is principally above ground.

Subdivider

Any person having an interest in land who:

1. causes it, directly or indirectly, to be divided into a subdivision or platted as an addition

2. directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision or addition,

3. engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or addition or any interest, lot, parcel site, unit or plat in a subdivision or addition, or

4. is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.

Subdivision

The division of any tract or parcel of land into two or more lots for the purpose, whether immediate or future, of offer, sale or for the purpose of development. Subdivision includes the division or development of residentially and non-residentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. Subdivision also includes Resubdivision. Subdivision also refers to the land to be so divided, as the context may indicate. Certain types of subdivisions do not require City approval under the terms of Section 10-32.

Substandard Street

An existing street or highway that does not meet the minimum specifications in the City of Tyler Subdivision Design Guidelines, or if a State Highway or FM Highway does not meet the minimum Standard Specifications of the Texas Department of Transportation and is not constructed to the ultimate extent for the type of roadway it is designated for in the major thoroughfare plan. A standard street is a street or highway that meets or exceeds said standard specifications and major thoroughfare plan.

Substantial damage

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 0-2008-130; 9/24/08)

Substantial Enlargement of a Sexually Oriented Business

The increase in floor area occupied by the business by more than 25% as the floor area exists at the date of passage of this ordinance.

Substantial improvement

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

1. before the improvement or repair is started or,

2. if the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either

1. any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or

2. any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places or local inventory of historic places.

Substantial Enlargement of a Sexually Oriented Business

The increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists at the date of passage of this ordinance.

Sun (Glare) Screen

A perforated metal sheet used over the face of the electronics to reduce glare and to extend bulb life by reducing the exposure to rain.

Super Graphic Sign
A large attached premise or off-premise sign on a mesh or fabric surface. (Ord. No. 0-2013-41 ; 5/22/13)

Supervision (Irrigation Systems)

The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. (Ord. No. 0-2009-19; 3/11/09)

Swimming Lessons (Classes) at Home

Group instruction in swimming and water safety, taught by a resident of the household.

Swimming Pool Sales and Supply Store

A commercial establishment specializing in the display and retail sales of swimming pools, related supplies and service. Such sales may involve outdoor display of model pools and pool accessories.

Swimming and Court Complex (Public)

A recreational facility, open to the public, that provides only such facilities as necessary for swimming, tennis and racquetball.

Swim, Tennis or Racquetball Club

A recreational facility similar in operation to that of a country club, but providing only such facilities as necessary for swimming, tennis and racquetball, to a specific private membership and invited guests.

Tailor/Seamstrist Shop

A commercial facility which houses the workplace of a tailor or seamstrist engaged in fabrication, alteration, repair, of men's and women's clothing and apparel. Not a clothing factory.

Tanning Salon

An indoor commercial facility where individuals may receive a tan by means of artificial light.

Tanning, Slaughtering or Rendering of Animals

An industrial facility in which the tanning, rendering, slaughtering or butchering of animals is conducted. Such activities are to be conducted entirely within an enclosed structure. Holding pens for live animals awaiting slaughter, may be open-air if the pens observe all setback requirements.

Taxidermy Shop

A commercial facility housing the workplace of a taxidermist engaged in the preparation, stuffing and mounting of the skins of primarily game animals, birds or fish.

Telecommunications Facility Modification, Minor

An alteration of an existing exterior telecommunications facility or co-location of additional facilities with an existing exterior telecommunications facility in any zone that does not meet or exceed the thresholds for a substantial modification, the calculation for which shall be cumulative over time, following the initial approval of the telecommunications facility. No such modification shall be permitted if the modification to the structure will cause the structure to exceed the height limit for the zoning district as provided in this Chapter. (Ord. No. 0-2017-69; 8/23/17)

Telecommunications Facility Modification, Substantial

An alteration of an existing exterior telecommunications facility for any purpose where (i) the height of the existing facility is increased by more than ten percent (10%) from the current height, or twenty (20) feet, whichever is greater; or (ii) the existing facility is increased by more than four (4) new equipment cabinets; or (ii) the new facility will have an additional protrusion of more than twenty (20) feet or width of the existing tower, whichever is greater; or (iv) installation of the new facility will require excavation outside existing leased or owned property and current easements. The calculation for such modifications shall be cumulative over time following the initial approval of the telecommunications facility. No such modification shall be permitted if the Support Structure will exceed the zoning district height as provided in this Chapter. (Ord. No. 0-2017-69; 8/23/17)

Temporary Improvement

Improvements built and maintained by an owner during construction of the development of the subdivision or addition and prior to release of the performance bond or improvements required for the short term use of the property.

Temporary Sign

A sign displayed for limited and specific period of time and for those limited purposes set forth in this code.

Temporary Use

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. A prospective use, intended for limited duration, which may be located in a zoning district not permitting such a use as of right, but does not constitute continuity of a nonconforming use or building.

Temporary Use Permit (TUP)

A permit issued by the Planning Director permitting a temporary use at a specific location for a specified period of time.

Tenant Directory

An on-premise sign which lists the names of individual businesses in a multi-tenant commercial shopping center or office park.

Tent Sale

An outdoor sale of merchandise, either new or used, conducted for a specific period of time, on a temporary basis. Items for sale may be displayed under a tent or the tent may be used as a promotion. Outdoor activities such as a tent sale require a Temporary Use Permit (TUP). See Temporary Use.

Texas Department of Transportation Access Management Manual: The Access Management Manual adopted by the Texas Department of Transportation, including any amendments thereto, and any additional or successor rules, regulations or standards adopted by the Texas Department of Transportation governing driveway access to state highways. (Ord. No. 0-2006-70; 8/9/06)

Theatre, Movie or Cinema

A private or commercial indoor facility providing patrons seating for the purpose of viewing a motion picture.

Theatre, Drive-In Movie

A commercial outdoor facility developed and arranged so that patrons may view a motion picture on a large outdoor screen while seated in their automobiles.

Theatre or Playhouse (Indoor)

A private or commercial indoor facility, with a stage for the presentation of live theatrical performances or concerts to the public.

Theater (Outdoor)

An open-air facility, with a stage for the presentation of live theatrical performances or concerts outdoors, with or without seating provided for the audience. An amphitheater.

Thoroughfare

Any public street, alley, or other public right-of-way that has been accepted and appropriated by the city by use, entry, or improvement.

Tire Dealership (No Open Storage)

A retail establishment engaged in the sale and installation of tires for motor vehicles not involving the open storage of tires or other merchandise.

Tire Dealership (With Open Storage)

A retail establishment engaged in the sale and installation of tires for motor vehicles, with the open storage of new and used tires permitted.

Tire Retreading and Capping

The process by which tires are treated with a new tread.

Tobacco/Vape/Smoke Store
A commercial establishment specializing in the retail sale of tobacco, cigarettes, cigars, vapes, paraphernalia and associated items, including the small scale blending of tobaccos. A grocery store or similar retail use that sells tobacco and vape products, paraphernalia and associated items as an ancillary sale is not included in this definition. (Ord. No. 0-2023-115; 12/13/23)

Tower, Broadcast or Reception

A structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. See also Antenna.

Tower, Observation

A tall structure designed to support a platform whereby individuals may stand in order to gain a view of the area below or of other areas in the distance.

Townhouse

A single family, residential structure, constructed in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from the common property line of any other unit by one or more common fire walls. A row house.

Tract (1)

An area, parcel, site, piece of land or property which is the subject of a zoning or development application.

Tract (2)

A lot, plot, or portion of a subdivision, addition, or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession or for building development. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.

Trailer or Mobile Home Display and Sales Lot

The offering for sale of trailers or mobile homes, including display and storage, on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Transfer of Ownership or Control of a Sexually Oriented Business

1) The sale, lease or sublease of the business; 2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or 3) the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Travel Bureau

An agency engaged in selling or arranging transportation, trips or tours for individuals or groups.

Travel Trailer

A mobile vehicle designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highways as contrasted to a mobile home.

Tree

Any self-supporting woody perennial plant which will attain a trunk diameter of three inches or more when measured at a point four 4.5 feet above ground level and normally an overall height of at least 12 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.

Truck Terminal

A transportation facility used as a relay station for the transfer of a shipment, from one vehicle to another, or from one party to another. Such terminals do not include the permanent or long-term storage of goods for uses at other locations. The terminal facility may include storage areas for trucks and trailers, and buildings and areas for the servicing and repair of trucks and trailers associated with the terminal.

Truck and Trailer Rental

A commercial establishment involved in renting and leasing trucks and trailers, including the display and storage of such vehicles awaiting rental. Servicing of rental vehicles permitted.

Truck or Tractor Sales and Service Dealership

A commercial establishment specializing in the display and sale of trucks, tractors, buses or similar motorized vehicles, including the servicing of such vehicles.

Undisturbed Area

The area of a lot, which maintains the original natural vegetation including trees, shrubs, grasses, groundcover, and plant materials as approved by the planning director.

Unlawful diversion

Diversion or impounding the natural flow of surface water in a manner that damages the property of another by the overflow of the water diverted or impounded. An unlawful diversion is prohibited by the Texas Water Code.

Unprotected Tree

A tree that has no specially constructed protection barriers to prevent damage due to construction or normal vehicular movement.

Use

A purpose or activity, in which land, structures, or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

Used Car Dealership

A commercial establishment specializing in the sale of used cars and other motor vehicles, with such vehicles usually displayed only on a sales lot. Commonly, an accessory use of a new car or truck dealership.

Utilities Engineer

The official with responsibility to review and release plans for water and sewer improvement.

Utility Distribution or Transmission Lines

Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to, electrical transmission lines, gas transmission lines and metering stations.

Utility Shop, Storage Yard or Building (Private)

A facility of private utility companies, such as gas or electric companies, for the outdoor storage of poles, pipes and equipment, and building for maintenance and administration.

Utility Substation

A station which is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.

Utility Trailer/Truck Rental

The parking and rental of small utility trailers and/or trucks for individual rental. Commonly, an accessory use at a gasoline service station.

V-type or V-shaped Sign

A structure of two signs in the shape of the letter "V" when viewed from above and with their faces oriented in opposite directions. Each face constitutes a separate sign.

Variance

A grant of relief by the Construction Board of Adjustment and Appeals from the requirements of this ordinance when specific enforcement would result in unnecessary hardship as described in Section 10-101. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance.

Variance (1)

A relaxation of a dimensional regulation of this chapter, granted by the Zoning Board of Adjustment, whereby reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of this chapter would result in an unnecessary hardship.

Vegetated Area

Ground area of a site that is covered by plants, including trees, undergrowth, and grasses.

Vegetation

Any type or kind of growing plant material, projects, or designee.

Vehicle

A device in or by which a person or property is or may be transported or drawn on a public thoroughfare, other than a device used exclusively on stationary rails or tracks. (Ord. No. 0-2021-23; 3/24/21)

Veterinary Clinic (No outdoor pens)

A medical facility for the diagnosis and treatment of pets and other animals, including but not limited to dogs, cats, birds and other household pets, where all treatment and other care are provided indoors. No outdoor boarding or runs.

Veterinary Clinic (With outdoor pens)

A medical facility for the diagnosis and treatment of pets and other animals, including but not limited to dogs, cats, birds, cattle and horses. Outdoor boarding and runs may be provided.

Viewing Time

The length of time a message is visible, determined by the height of the characters, the approximate distance the viewer is from the sign and the legal vehicular speed limit.

Violation

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (de)(3), (e)(2), (e)(4) or (e)(5) or successor is presumed to be in violation until such time as that documentation is provided. (Ord. No. 0-2008-48; 4/23/08) (Ord. No. 0-2008-130; 9/24/08)

Vocational Technical or Trade School

A commercial school involved in training students in vocational-technical skills (e.g.,auto mechanics, barbering, food service, electrical, plumbing, welding, etc.) and other trade studies, including instruction in the use of a variety of machines and equipment (e.g.,lathes, drill presses, electronics, etc.).

Wall Building Line

A line extending along the facade of the building(s), parallel to the property line(s) abutting a street right-of-way line. Such line shall be used to determine the overall area, depth, and shape of the street yard.

Warehouse

A building used primarily for the storage of goods and materials.

Warehouse, Mini-Storage: A commercial complex of small storage units which are rented or leased, and which are arranged to be individually accessible to the lessee or renter.

Warehouse, Storage and Distribution

A commercial facility designed and used for the storage and/or wholesale sale and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive, or that create hazardous or commonly recognized offensive conditions.

Watercourse

Any depression, ditch, swale, channel, storm sewer or culvert serving to give direction to a current of stormwater.

Water conservation

The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. (Ord. No. 0-2009-19; 3/11/09)

Water surface elevation

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 0-98-91, 11/18/98)

Water or Waste Water Treatment Plant

A facility for the systematic collection and treatment and dispersal of water and waste water; usually operated as a public utility.

Weeds or Grasses

Weeds and/or grasses or other uncultivated plants on any premises or right-of-way, which grow in such rank profusion as to harbor reptiles or rodents, or create a fire hazard; and weeds and/or grasses, excluding ornamental grasses, or other uncultivated plants on any premises which are permitted to, or do attain a height greater than 12 inches. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02) (Ord. No. 0-2017-69; 8/23/17)

Wood Products Manufacturing Plant

An industrial manufacturing facility where large volumes of raw wood or lumber are cut, trimmed, planed or otherwise finished into wood products.

Yard

An open space other than a court, on the lot of which a building is situated and which is not obstructed from a point twelve inches above the general ground level of the graded lot to the sky, except as provided by this code.

Yard, Front

The required area of open space, as determined by the minimum front yard setback, between any building or structure, extending across the full width of the lot, the depth of which will be the least distance between the front lot line and the nearest point of the exterior face of any building or structure.

Yard, Rear

The required area of open space, as determined by the minimum rear yard setback, between any building or structure and the rear lot line, extending across the full width of the lot, the depth of which will be the least distance between the rear lot line and the nearest point of the exterior face of the main building or structure.

Yard, Side

The required area of open space, as determined by the minimum side yard setback, between any building or structure and a side lot line, extending from the front yard to the rear yard, the width of which will be the least distance between the side lot line and the nearest point of the exterior face of any building or structure.

Zero Lot Line

The arrangement resulting from placing a building or structure on a lot line.

Zone flow

A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. (Ord. No. 0-2009-19; 3/11/09)

Zone valve

An automatic valve that controls a single zone of a landscape irrigation system. (Ord. No. 0-2009-19; 3/11/09)
Zoning District Map

The official code which delineates the boundaries of the zoning districts.

Zoning Envelope

The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by the maximum height restrictions and the minimum yard setback requirements. (See Buildable Area).

Zoo

A recreational facility housing and displaying live animals, reptiles and birds, open to the public and operated for a fee or for the promotion of some other enterprise. (ORD. 0-97-62, 12/10/97)

DIVISION B.
Word Usage and Interpretations

Sec. 10-900. Word Usage

a. Meanings and Intent

The language of the development ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in Division XIII or other sections of this ordinance have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.

b. Tenses

1. Words used in the singular include the plural. The reverse is also true.

2. Words used in the present tense include the future tense. The reverse is also true.

c. Word Use

When referring to this code, the following rules of interpretation must be applied, except when the context clearly requires otherwise:

1. The words “must,” “will,” “shall” and “may not” are mandatory.

2. The word “may” is permissive, and “should” is advisory, not mandatory or required.

3. When used with numbers, “up to X,” “not more than X” and “a maximum of X” all include “X.”

d. Interpretations

1. In the case of any difference of meaning or implication between the text of this code and any chart, graph, illustration or table, the text will control.

2. The words "building" and "structure" must be construed as though followed by the words, "or a portion thereof.”

3. The word "lot" includes the words, "parcel,” "plot," or "tract" but does not include leased lands.

4. The word "occupied" must be construed as though followed by the words, "or intended, arranged or designed to be occupied.”

5. Terms not herein defined will have the meaning assigned to them in the building code. Terms not defined herein or in the building code, will have the meaning customarily assigned to such terms.

6. All public officials, boards, departments, and agencies to which reference is made are those of the city unless otherwise indicated.

7. The word “bylaw” includes any law, rule, or comparable instrument governing the internal affairs of an organization.

e. Conjunctions

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

1. “And” indicates that all connected items or provisions apply; and

2. “Or” indicates that the connected items or provisions may apply singularly or in combination.

f. Fractions

The following rules apply to fractional number unless otherwise expressly stated.

g. Minimum Requirements

When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.

h. Maximum Limits

When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a 12,500 square foot lot, the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling units).

i. Headings and Illustrations

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this development ordinance. In case of any difference of meaning or implication between the text of this development ordinance and any heading, drawing, table, figure, or illustration, the text controls.

j. References to other Regulations

All references in the development ordinance to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of county, state, or federal regulations.

k. Current Versions and Citations

All references to other city, county, state, or federal regulations in the development ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, development ordinance requirements for compliance are no longer in effect.

l. Lists and Examples

Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

m. Delegation of Authority

Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this development ordinance expressly prohibit such a delegation.

n. Public Officials and Agencies

All employees, public officials, bodies and agencies to which references are made are those of the City of Tyler unless otherwise expressly stated.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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