Sec. 10-420 - 429. Reserved

Sec. 10-430. Billboards

Billboards and similar outdoor advertising are allowed in M-1 and M-2 districts in the city and applicable commercial properties in the ETJ provided the billboard meets all federal, state, and city requirements. (Ord. No. 0-2014-33; 4/23/14)(Ord. No. 0-2024-68; 7/24/24)

            a.    General Requirements.

               All billboards located within the city limits and all billboards located within the extraterritorial jurisdiction that are within five miles of a military base at which an active training program is conducted must adhere to the following requirements. The city's regulations herein governing billboards in the extraterritorial jurisdiction hereby supersede the regulations imposed by or adopted under Chapter 394 of the Texas Transportation Code.

      1.   Billboards may be up to 35 feet in height, measured from the highest point of the sign to ground level.

      2.   Billboards must not be located so as to create a safety hazard, or to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct the driver's view of approaching, merging, or intersecting traffic, or to be likely to cause a driver to be unduly distracted in any way.

      3.   Billboards may not be located within 1,500 feet of any public park, public forest, public playground or scenic area, designated as such by the city or any other governmental agency.

      4.   Billboard faces may not contain any flashing, fluttering, undulating, swinging, rotating, or other moving elements or any reflective material such as foil, that may simulate movement or that is intended to distract drivers or passers by. (Ord. No. 0-2009-70; 6/10/09) (Ord. No.0-2013-16; 2/27/13)

   b.    Allowed Area and Height

      1.   The sign area of a billboard must be calculated as the area enclosed within the outer edge of the frame (border) of each sign face, multiplied by the number of faces.

      2.   The maximum area for any one billboard must not exceed 672 square feet.

      3.   Billboard panels may not be stacked, or placed side by side.

      4.   Billboards may have an interior angle with a maximum 15 foot separation at outer edge.

      5.   Billboards greater or equal to 400 square feet in gross area must observe the following location retirements:

         (a)   Spacing: The minimum sign separation is 750 feet from any other billboards. Separation between billboards will be measured by the linear distance on the same side of the street.

         (b)   Setback: A minimum distance of twice the sign height must be observed from any residentially zoned district.

      6.   Billboards less than 400 square feet in gross area must observe the following location requirements:

         (a)   Spacing: The minimum sign separation will be 300 feet from any other billboards. Separation between billboards will be measured by the linear distance on the same side of the street.

         (b)   Setback: A minimum distance of twice the sign height from any residentially zoned district.

      7.   Any spherical, free-form, sculptural, or other non-planar sign element protruding outward, above, below, or to either side of the billboard will be measured as 50 percent of the sum of the areas of the four vertical sides of the smallest four-sided polyhedron that will encompass the protruding element. Inclusion of such elements will reduce the overall permitted size of the billboard.

      8.   Billboards that are illuminated, may be lighted only by lights that are properly installed, shaded or concealed, and are aimed so that the light will project onto the sign face and will not interfere with the vision of motor vehicle operators, nor shine directly onto nearby residential property located in any residentially zoned district. Illumination of such signs must not be flashing or intermittent.

      9.   Billboards will be considered a structure and must observe all setbacks and structure separation requirements of the zoning district in which they are located.

      10.   Any non-conforming billboard that is damaged or deteriorated to an extent where restoration costs exceed 60% of the cost of erecting a new sign of the same type at the same location, must be removed. (Ord. 0-98-41, 5/27/98) (Ord. No. 0-2009-70; 6/10/09)(Ord. No.0-2013-16; 2/27/13)

   c.     Billboard Cap and Reduce

   The number of billboards in the City and ETJ as applicable, is limited to the number of such signs in existence on April 24, 2008. To encourage the reduction of billboards, the owner of a sign that was lawfully erected in compliance with all standards then in effect or lawfully in place at the time it was annexed into the City, or that owner’s designee, may be awarded credit for removing such sign. (Ord. No. 0-2014-97; 10/22/14) (Ord. No. 0-2024-68; 7/24/24)

   1.    One credit will be awarded for each face that is removed from a lawfully existing billboard. In order to receive a permit for the erection of a billboard, two credits must be used per each new face.

   2.    The City shall issue a permit to any billboard owner or designee holding sufficient credits, for erection of an billboard in a location approved by the City, in its sole discretion according to the requirements set forth in this section. The permit must state the number of faces to be erected and must address all requirements set forth in this section.

   3.    Credits are transferable.

   4.    Credit is received when a billboard owner or designee removes a sign located within the City of Tyler or applicable ETJ voluntarily, even if the reason is loss of the lease. No credit may be awarded for the removal of a billboard that was in violation of Federal, State, or City laws when erected. (Ord. No. 0-2024-68; 7/24/24)

   5.    To be awarded a credit under the incentive program, a sign owner or designee must notify the City within 60 days of the removal of a billboard and receive a letter issued by the City awarding a credit. Failure to apply for a credit within 60 days from removal of a sign bars the awarding of credit for that sign. Any unused credits will be held in reserve indefinitely, in order to give incentive for immediate removal of current faces. (Ord. No. 0-2009-70; 6/10/09)

d.   Billboard Inventory and Registration. In accordance with Title 43 of the Texas Administrative Code or successor, an inventory of billboards shall be maintained. The purpose of the billboard registration program is to maintain the billboard inventory and aid the City in enforcing the Billboard Cap and Reduce policy. All billboard owners in the City limits and extraterritorial jurisdiction are required to register their billboards in order for the City to maintain an accurate count and location database. A complete list of an owner's billboards, and locations must be submitted along with an annual fee listed in Section 10-776. The submittal must be made in the first month of each calendar year in order to remain in compliance with this section. (Ord. No. 0-2012-83; 10/10/12)

Sec. 10-431- 439. Reserved

DIVISION I. RESERVED

DIVISION J. Outdoor Lighting

Sec. 10-440. General Requirements

All lighting fixtures designed or placed so as to illuminate any portion of a site must meet the following requirements:

   a.   Fixture (luminaire)

      The light source must be completely concealed, fully shielded within opaque housing and must not be visible from any street right-of-way.

   b.   Light Source (lamp)

      Only incandescent, fluorescent, color-corrected high-pressure sodium, light-emitting diode (LED) or metal halide may be used. The same type must be used for the same or similar types of lighting on any one site throughout any master-planned development. (Ord. No. 0-2015-67; 6/24/15)

   c.   Mounting

      Fixtures must be designed and mounted in such a manner that the cone of light does not cross any adjacent property lines of neighboring sites.

   d.   Illumination Levels

      All site lighting must be designed and installed so that the level of illumination as measured in foot candles at a height of three feet at the property line does not exceed .2 foot candles in or adjacent to residential uses and 1 foot candle in or adjacent to nonresidential areas.

Sec. 10-441. Lighting Required for Specific Uses and Areas

   a.   Roads, Driveways, Sidewalks and Parking Lots

      All roads, driveways, sidewalks and parking lots must be sufficiently illuminated to ensure the security of property and safety of persons using such areas and facilities. Where such roads, driveways, sidewalks or parking lots fall on private property, the responsibility for lighting such areas will fall upon the developer.

   b.   Entrances and Exits in Non-Residential and Multifamily Projects

      All entrances and exits in buildings used for non-residential purposes and open to the general public, along with all entrances and exits in multifamily residential buildings containing more than four units, must be adequately lighted to ensure the safety of persons and the security of the building.

   c.   Commercial Parking Lot Lighting

      All commercial parking lots are required to provide lighting during nighttime hours of operation.

   d.   Canopy Area Lighting

      All development that incorporates a canopy area over gas pumps, automated bank machines, or similar installations must provide lighting for the canopy area. For the purposes of this Division, the canopy area must be defined as that area immediately below the canopy.