Special use regulations set standards, conditions, and procedures whereby special uses may be approved. A use is considered special by this development code when there is potential for it to have adverse impact on nearby property and because the actions needed to minimize or eliminate the adverse impacts vary from site to site.

Special use permit applications may be filed only by the owner of the property on which the special use will be constructed or by the property owner’s authorized agent.

Only uses designated as special uses by this development code are eligible for consideration. Such special uses and the zoning districts in which the use is permitted are shown on the use tables in Article III of this chapter.

The planning and zoning commission must hold a public hearing on all requests for a special use permit. The public hearing will be held at a regular meeting. The completed application must include a site plan of the property which contains all information as required by the site plan guidelines of the planning department.

Public notice must be provided in accordance with Sec. 10-586.

   a.   Upon receipt of a completed application for a special use permit requesting an amendment to this code, the planning department subject to the appropriate application deadline, will schedule the request for a public hearing before the planning and zoning commission at its next regularly scheduled monthly meeting

   e.   By recommending the special use, the commission thereby recommends final approval by the city council of an ordinance granting a special use permit. (O-2003-38, 7-23-03)

The planning and zoning commission and city council, in considering each special use permit (SUP) request, will review the overall compatibility of the proposed special use with surrounding property as well as such specific items as screening, parking, and landscaping to make sure that the impact of the special use is minimal and that little or no adverse effects occur to nearby property. (O-2003-38, 7-23-03)

At the discretion of the planning and zoning commission the following development standards and design specifications can or may be the basis for approval of a special use permit:

   a.   The design, location, and operating plans must be such that the safety of the public is protected.

   k.   The proposed use of all structures and their dimensions, i.e., height, floor areas, entrances, and loading areas.

   a.   Term and Duration of Approval

      Special use permits are approved for a specific period of time. The term and duration of a special use permit rests with the city council. Most first-time special use permits are issued for three years. Renewals of existing special use permits will be renewed for a longer time period, usually for five years. Some special uses, due to their nature and the cost associated with their operation, may be approved indefinitely.

   b.   Violations

      All conditions required for a special use permit must be met before any part of the use can be occupied. Violation of any term, condition, requirement, or duration of a special use permit approved under this division is unlawful, and will constitute a violation of this development code, and will subject the violator to the penalties set forth in Sec. 10-774. In addition, the special use permit may be revoked or suspended by the city council due to such violation, following public hearings by both the planning and zoning commission and the city council.

   c.   Compliance with Conditions

      Compliance with all conditions required for a special use permit must be completed within one year of the authorization, unless a special time limit has been imposed by the city council. An extension of time beyond [one] year, or that imposed by the council, may be granted by the planning director, one time, for up 90 days.

   d.   No variance may be granted through issuance of a special use permit, except for variances granted to the alcohol distance requirements by the City Council pursuant to Section 10-96. The planning director may grant minor changes to the conditions imposed as long as those changes conform to the intent of the commission. No building permit involving a special use must be issued by the building official unless all of the requirements of this division have been met. (Ord. No. 0-2013-41; 5/22/13)

The decision of the planning and zoning commission concerning a special use permit may be appealed to the city council. The applicant must file the appeal with the planning department by the 5:00 p.m. on the 10th calendar day following the date of decision by the commission.

   Temporary uses shall comply with the minimum requirements set forth in Section 10-64. (Ord. No. 0-2010-20; 3/10/10)

   a.   The director must approve, approve with conditions, or deny the temporary use permit.

   b.   The director must review all signs in conjunction with the issuance of the temporary permit. Such signs must be in accordance with the requirements of this UDC.

In determining whether to approve, approve with conditions, or deny a temporary use permit, the director will consider the following criteria:

   a.   Land Use Compatibility

      Whether the proposed temporary use:

      1.   is compatible with the purpose and intent of this UDC and the zoning district in which it is located;

      2.   does not impair the normal, safe, and effective operation of a permanent use on the same site; and

      3.   does not endanger or is not materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.

   b.   Compliance with Other Regulations

      The structures and the site meets all applicable building code, zoning district, and fire code standards and must be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site must be returned to its previous condition (including the removal of all trash, debris, signs, or other evidence of the temporary use).

         The temporary use does not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls.

         Off-street parking for the temporary use does not eliminate required parking for any of the other existing uses on the site, thus creating a parking shortage.

         Adequate on-site rest room facilities and refuse containers will be provided. All litter generated by the event or use will be removed at no expense to the city.

         The temporary use is compatible in intensity, appearance, and operation with surrounding land uses in the area, and it does not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

   c.   Other Criteria

   d.   Expiration

   e.   Violations, Penalties, and Revocation

      Violation of any term, condition, requirement, or duration of a temporary use permit approved under this division is unlawful, must constitute a violation of this development code. The violator may be subject to penalties set forth in Sec. 10-774. In addition, the temporary use permit may be revoked or suspended by the city council due to such violation, following public hearings by both the planning and zoning commission and the city council.

When development or construction activities result in earth changes, soil erosion is likely to occur which will result in hazards to health and safety with damage to property under both normal rainfall events and/or heavy rainfall/flooding events, unless erosion and sedimentation control measures are implemented. (Ord. No. 0-99-19; 2/24/99)

See Sections 10-555 and 10-556.

No structure or land may be located, altered or have its use changed or earth changes made without full compliance with this ordinance and other applicable regulations. (Ord. No. 0-99-19; 2/24/99)

   a.   This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance conflict or overlap, the more stringent restriction shall prevail.

   b.   In the interpretation and application of this ordinance, all provisions shall be considered as minimum requirements, liberally construed in favor of the City, and deemed neither to limit nor repeal any other powers granted under State statute. (Ord. No. 0-99-19; 2/24/99)

   The Development Services Engineer is designated to administer and implement the provisions of this ordinance. (Ord. No. 0-99-19; 2/24/99)

   Unless specifically exempted in writing, a grading permit shall be obtained from the City Engineer or designee prior to commencement of any development, excavating, grading, regrading, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes made to any property within the City. A separate permit shall be required for each separate, non-contiguous site or lot. (Ord. No. 0-99-19; 2/24/99)

   The issuance of a grading permit shall be governed by these policies and those set forth in the City Drainage Design Guideline Manual.

   a.   Earth changes shall be permitted which do not create a public hazard upon any property within the City through obstruction, impairment, sedimentation, blockage or alteration of any natural or artificial drainage facility or which do not create an unlawful diversion under the Texas Water Code.

   b.   Earth changes shall be permitted which do not channelize, obstruct or otherwise change any drainage facility in a manner inconsistent with the Drainage Design Guideline Manual, or requirements of the Federal Emergency Management Agency under the National Flood Insurance Program.

   c.   Earth changes shall be permitted which will not, in the opinion of the City Engineer, unreasonably increase surface runoff. However, this Article does not preclude or prevent the use of regional or off-site stormwater detention or retention facilities provided that adequate facilities to convey increased rates of stormwater runoff to the regional or off-site detention or retention facility are provided.

   d.   All earth changes shall be designed, constructed and completed so as to minimize loss of soil from a construction area in accordance with the Drainage Design Guideline Manual.

   e.   The requirements and conditions for a grading permit for any lot, parcel, or tract of land for which an Erosion Control Plan, Drainage Plan or Abbreviated Drainage Plan exists shall incorporate the provisions of the Drainage Plan or Abbreviated Drainage Plan. (Ord. No. 0-99-19; 2/24/99)

A grading permit shall consist of a Drainage Plan or Abbreviated Drainage Plan, and an Erosion Control Plan. The grading permit for any lot to be used for building construction may not be issued unless the plan has been reviewed and accepted by the City Engineer.

A Drainage Plan shall consist of engineering drawings, contour maps, Erosion Control Plan and all supporting engineering calculations, as applicable to the land area covered by the Plan, which are required to demonstrate full compliance with this Article, the City of Tyler Design Guidelines for Subdivision Improvements, Best Management Practices of the U.S. Corp. of Engineers, Texas Council of Governments, or other Best Management Practices acceptable to the City Engineer.

   A grading permit is not required for the following:

      1.   Bona fide agricultural and farming operations requiring no other permit, with the exception of tree harvesting operations;

      2.   Customary and incidental routine grounds maintenance, landscaping, and home gardening which does not require platting, replatting, variance request, or building permit and which does not affect stormwater drainage on or through the site;

      3.   Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under circumstances where it would be impossible or impracticable to obtain a grading permit. (Ord. No. 0-99-19; 2/24/99)

A grading permit may be revoked or suspended by the City Engineer or Construction Board of Adjustment and Appeals. Written notice shall be given to the permit holder stating the grounds for such action. A grading permit may be revoked or suspended upon one (1) or more of the following:

      1.   Violation of any conditions of the permit and any associated Drainage Plan or Abbreviated Drainage Plan after notification of non-compliance and failure to take remedial actions as outlined in these sections.

      2.   Violation of any applicable law, ordinance, or regulation pertaining to the grading permit contained in this Article after written notification of non-compliance;

      3.   Existence of any condition or performance of any act constituting a hazard or endangering human life or property. (Ord. No. 0-99-19; 2/24/99)

   a.   Unless exempted under this Article, it is unlawful to conduct any development, excavating, grading, regrading, excavating, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes either without a grading permit required under this Article, or contrary to the terms of a grading permit issued under this Article.

   b.   Upon revocation or suspension of a grading permit issued under this Article, it shall be unlawful to continue to conduct any development, excavating, grading, regrading, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes without having a valid grading permit in effect.

   c.   If it is determined that an individual is conducting activities without a grading permit required under this Article, or upon revocation or suspension of a grading permit, the City Engineer may issue a stopwork order on all construction activity on the individual’s property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued by the City. Such stopwork order may order a work stoppage on all construction activity on buildings or structures and all appurtenances thereto, including building, electrical, plumbing, mechanical, street work, storm sewer, sanitary sewer, gas lines and all utilities. Notices in writing and orders required by this Division shall be considered effective if served upon the parties concerned either personally or by certified mail, addressed to the individual, contracting party, or permittee at the address given on the contract document or permit application filed with the City.

   f.   Each day that a violation of this Division shall continue, or be permitted to continue, shall be deemed a separate offense. (Ord. No. 0-99-19; 2/24/99)

   a.   No sign may be erected, constructed, altered, moved, extended or enlarged without the owner or operator first obtaining a sign building permit thereof from the development services department. Such permit will require conformity with the provisions of this ordinance.

   b.   The modification of a sign face will not require a sign permit in accordance with this Division, provided that such modification does not increase the sign area or height or change the sign type.

   a.   An approved certificate of occupancy will be required prior to issuance of a sign permit.

   b.   The building official will approve, approve with conditions, or deny the sign permit.

   a.   In determining whether to approve, approve with conditions, or deny a sign permit, the building official will consider the following criteria.

   c.   The subject sign is consistent with an approved master sign plan, where required.

No person may erect or assist in the erection, construction or alteration of any sign for which a sign permit has not been issued as required by this division. Such work will be deemed a violation of this UDC in accordance with Sec. 10-774.

A sign permit will expire if work on the subject sign has not begun within six months from the date of issuance. Any further action after the expiration will require a new application and approval.