City of Bridgeport, TX Zoning Ordinance

means a structure:

constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

built on a permanent chassis;

(iii)

designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

(iv)

transportable in one or more sections; and

(v)

in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet;

includes the plumbing, heating, air conditioning, and electrical systems of the home; and

does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

LODGING HOUSE:

A building other than a hotel where lodging for five (5) or more persons as [is] provided for compensation.

LOT:

Land occupied or to be occupied by a building and its accessory building, together with such open spaces as are required under this ordinance, and having its principal frontage upon a street or officially approved place.

CORNER LOT:

A lot situated at the junction of two (2) or more streets, and having a width not greater than seventy-five (75) feet.

INTERIOR LOT:

A lot other than a corner lot.

MANUFACTURED HOME OR MANUFACTURED HOUSING:

THROUGH LOT:

A lot having frontage on two parallel or approximately parallel streets.

LOT LINES:

The lines bounding a lot defined herein.

LOT OF RECORD:

A lot which is a part of a subdivision, the map of which has been recorded in the Office of the County Clerk of Wise County.

A HUD-code manufactured home.

MANUFACTURED HOME PARK:

A site meeting the requirements of Section 11.E [11.D] which is designed, arranged or used for the purpose of locating two (2) or more manufactured homes used as permanent sleeping/living quarters.

MOBILE HOME:

means a structure:

constructed before June 15, 1976;

built on a permanent chassis;

(iii)

designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

(iv)

transportable in one or more sections; and

(v)

in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet; and

PARKING AREA SEMI-PUBLIC:

includes the plumbing, heating, air conditioning, and electrical systems of the home.

NONCONFORMING USE:

A building or land occupied by a use that does not conform with the regulations of the use district in which it is situated.

PARKING AREA, PUBLIC:

An open area other than a street, alley or place, used for the temporary parking of more than four (4) self-propelled vehicles and available for public use whether free, for compensation or as an accommodation for clients or customers.

An open area other than a street, alley or place, used for temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals, and noncommercial clubs.

PLACE:

An open unoccupied space other than street or alley permanently reserved as the principal means of access to abutting property.

POOL AND BILLIARD HALL:

Any room, hall, building or place in which there is located any pool or billiard table or tables for the use of which a fee or charge is made, either directly or indirectly, and which place is operated for profit or gain of any kind. Billiard or pool table includes any table surrounded by a ledge or cushion with or without pockets, upon which balls are impelled by a cue or stick.

PORTABLE STORAGE BUILDING:

A transportable freestanding container, storage unit, shed-like building or container or other portable structure, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside of an enclosed building. For purposes of this definition, the term Portable Storage Building specifically excludes self-contained metal shipping containers of any size originally designed or used in the packing, shipping, movement or transportation of freight and/or designed for or capable of being mounted or moved on a truck.

SERVANTS’ QUARTERS:

An accessory building located on the same lot or grounds with the main building, and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

SMOKE SHOP:

A retail establishment:

In which the sale or provision of any of the following products constitutes a majority of the establishment’s business:

Cigarettes, cigars or other tobacco product or paraphernalia designed or intended to be smoked, inhaled, absorbed, or ingested by any other means into the body;

Tobacco or other natural or synthetic substances designed or intended to be smoked, inhaled, absorbed, or ingested by any other means into the body;

(iii)

Pipes, water pipes, cigarette paper or wrappers or other paraphernalia designed or intended to be used to smoke, inhale, absorb, or ingest by any other means into the body tobacco or other natural or synthetic substances; or

(iv)

Electronic vaping devices (electronic cigarettes, cigars and/or pipes), products and accessories and any other type of electronic nicotine delivery system or any part thereof; or

In which more than 50% of the establishment’s floor area is devoted to or utilized for the advertisement, display, or storage of any of the products listed above; or

TELECOMMUNICATION ANTENNAS OR TOWERS:

A retail establishment for the onsite smoking of any tobacco product, electronic vaping device, or any other product listed above, including but not limited to a tobacco club or bar, smoke lounge, vapor lounge, hookah bar or club, and other similar establishments, but shall not include an establishment that derives more than 75% of its gross revenue from food and beverage sales.

STORY:

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling above it.

STORY, HALF:

A Story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

STREET:

A public or private thoroughfare which affords principal means of access to abutting property.

STRUCTURAL ALTERATIONS:

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURE:

Anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.

TATTOO.

Means the practice of producing an indelible mark or figure on the human body by scarring or inserting pigment under the skin using needles, scalpels, or other related equipment. The term specifically excludes the application of permanent cosmetics.

TATTOO STUDIO.

Means an establishment or facility in which tattooing is performed.

Any structure, antenna, tower or related appurtenant equipment or facilities designed and constructed primarily for the commercial reception and transmission of radio, television, satellite, cellular telephone, microwave, or other telecommunication and communication signals or broadcasts, including but not limited to transmission, reception or relay facilities. The term specifically excludes residential antennas that pertain to the reception and/or transmission of private or commercial radio services, wireless telephone services, WiFi services, wireless data or video services, or satellite communication services solely for the private use of a resident. The term also excludes antennas mounted on City towers, provided a license or lease authorizing such antenna has been approved by the City Council.

TOURIST CAMP:

A group of attached or detached buildings containing individual sleeping or living units for overnight tourists, with garage attached or parking facilities conveniently located to each such unit.

USED CAR JUNK AREA:

An open area other than a street, alley or place, used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.

USED CAR SALES AREA:

An open area other than a street, alley, or place, used for the display and sale of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

WIND TURBINE GENERATOR:

A system that is designed and built with a primary purpose to convert wind energy into electricity through the use of a wind turbine generator, a tower or attached apparatus, and associated control or conversion electronics, and is intended on for [sic] on-site production and consumption of electricity to serve the needs of the consumer on-site. Systems capable of reversing the electric meter, as ancillary function to on-site consumption, shall be included in this definition.

YARD:

An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

A yard extending across the front of the lot between the inner side yard lines and measured between:

the front line of the lot and front line of the building, and

the front line of the lot and the nearest line of any open porch or paved terrace.

A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

A yard between the building and the other side of the lot and extending from the street line to the rear yard.

(Ordinance adopted 10/21/65; Ordinance 02-05 adopted 2/19/02; Ordinance 08-01, sec. 1, adopted 1/15/08; Ordinance 09-18, sec. 1, adopted 4/21/09; Ordinance 09-28, sec. 1, adopted 7/7/09; Ordinance 09-29 adopted 7/7/09; Ordinance 09-70, sec. 1, adopted 10/20/09; Ordinance 2012-11, sec. 2, adopted 9/18/12; Ordinance 2014-03, sec. 1, adopted 2/4/14; Ordinance 2017-27, sec. 1, adopted 8/28/17; Ordinance 2018-04, sec. 1, adopted 2/12/18; Ordinance 2019-02, sec. 1, adopted 1/14/19; Ordinance 2020-21, sec. 1, adopted 8/10/20; Ordinance 2024-12 adopted 5/13/2024)

§ 2 DISTRICTS.

In order to regulate and restrict the location of trades and industries and the location of buildings erected or altered for specified uses, and to regulate and limit the height and bulk of the buildings hereafter erected or altered, to regulate and determine the area of yards and other open spaces; and to regulate and limit the density of population, the City of Bridgeport is hereby divided into districts of which there shall be eight (8) known as:

“R-1”	One-Family District
“R-2”	Two-Family District
“R-3”	Apartment District
“C”	Business District
“I”	Industrial District
“PD”	Planned Development District
“MH”	Manufactured Housing District
“MHP”	Manufactured Home Parks District

The districts aforesaid and the boundaries of such districts are shown upon the map attached hereto and made a part of this ordinance, being designated as the “District Map” and said map and all the notations, references and other information shown thereon shall be as much as a part of this ordinance as if the matters and information set forth by said map were all fully described herein.

Except as hereinafter provided:

FIRST: No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

SECOND: No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located.

THIRD: No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.

FOURTH: No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be considered as providing a yard or open space for any other building, provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

FIFTH: Every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building on one (1) lot, except as follows:

More than one (1) building may be permitted in the “C” Business District and the “I” Industrial District provided that the buildings are under common ownership.

(Ordinance adopted 10/21/65; Ordinance 2014-03, sec. 2, adopted 2/4/14; Ordinance 2015-05 adopted 3/17/15)

§ 3 USE REGULATIONS: “R-1” ONE-FAMILY DISTRICT.

In the “R-1” One-Family District, no building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided its this ordinance, except for one or more of the following uses[:]

One-Family Dwellings.

Churches.

Schools, elementary and high.

Museums, libraries, parks, playgrounds or community centers owned and operated by the City of Bridgeport or Wise County.

Buildings for hospitalization and care of minor children on land now owned and operated for such purposes by philanthropic institutions.

Accessory buildings.

Uses customarily incident to any of the above uses when situated in the same dwelling, including home occupation such as the office of physician, surgeon or dentist.

Carports.

A transitional use for dwellings only, may be permitted where the side of a lot in the “R-1” One- Family District abuts upon a lot zoned for business purposes.

Pump Stations, Fire Station, or other city installations.

(Ordinance adopted 10/21/65; Ordinance 2017-12, sec. 1, adopted 4/10/17; Ordinance 2018-04, sec. 2, adopted 2/12/18)

§ 4 USE REGULATIONS: “R-2” TWO-FAMILY DISTRICT.

In the “R-2” Two-family District, no building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

Any use permitted in the “R-1” One-Family District.

Two-Family Dwellings.

Accessory buildings.

Uses customarily incident to any of the above uses when situated in the same dwelling, including home occupation such as the office of doctors, except veterinary, dentist or artist.

Carports.

A transitional use for dwellings only, may be permitted where the side of a lot in the “R-2” Two-Family District abuts upon a lot zoned for business purposes.

(Ordinance adopted 10/21/65; Ordinance 2017-12, sec. 2, adopted 4/10/17; Ordinance 2018-04, sec. 3, adopted 2/12/18)

§ 5 HEIGHT AND AREA: REGULATIONS FOR “R-1” and “R-2” DISTRICTS.

In the “R-1” One-Family and “R-2” Two-Family Districts, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

HEIGHT:

No building hereafter erected or structurally altered shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet.

There shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet from the centerline of the alley.

On interior lots there shall be a side yard on each side of a building having a width of not less than ten (10) percent of the width of the lot, provided that such side yard may not be less than five (5) feet in width.

On corner lots the side yard regulation shall be the same as for interior lots except in the case of reversed frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, and no accessory building on said corner lot shall project beyond the front yard line on the lots in the rear; provided further that this regulation shall not be so interpreted as to reduce the buildable width, after providing the required interior side yard, of a corner lot facing an intersecting street and of record at the time of the passage of this ordinance to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

MINIMUM FLOOR AREA PER DWELLING UNIT:

There shall be a front yard of not less than twenty-five (25) feet to the front line of the building.

LOT AREA PER FAMILY:

In the “R-1” One-Family District every building hereafter erected or structurally altered shall provide a lot area of not less than six thousand (6,000) square feet per family, and a minimum lot frontage of fifty (50) feet.

In the “R-2” Two-Family District the lot area per family requirements for single-family dwellings shall be the same as in the “R-1” One-Family District and every two-family dwelling hereafter erected or structurally altered shall provide a lot area of not less than three thousand (3,000) square feet per family, and a minimum lot frontage of fifty (50) feet.

Provided, however, that where a lot has less area than herein required and was of record at the time of the passage of this ordinance, said lot may be occupied by not more than one family.

In the “R-1” One-Family District and “R-2” Two- Family District, every dwelling unit hereafter constructed, installed, or erected shall provide a minimum floor area as follows:

ONE-FAMILY DWELLING UNITOne thousand three hundred square feet (1,300 SF) per dwelling unit

TWO-FAMILY DWELLING UNITNine hundred square feet (900 SF) per dwelling unit.

ACCESSORY BUILDINGS:

Accessory buildings shall be located at least sixty (60) feet from the front lot line, five (5) feet from the rear lot line on a lot abutting an alley or ten (10) feet from the rear lot line on a lot which does not abut an alley, and a distance equal to ten (10%) percent of the lot width from the side lot line, provided that the side setback for an accessory structure shall never be less than five (5) feet nor be required to exceed fifteen (15) feet.

CARPORTS:

Carports shall be located at least twenty-five (25) feet from the front lot line, five (5) feet from the rear lot line on a lot abutting an alley or ten (10) feet from the rear lot line on a lot which does not abut an alley, and a distance equal to ten (10%) percent of the lot width from the side lot line, provided that the side setback for an accessory structure shall never be less than five (5) feet nor be required to exceed fifteen (15) feet.

Carports shall not exceed five hundred (500) square feet in total floor area. Carports must meet all setback and building line requirements in accordance with the zoning district in which the site is located. Carports shall not be located within any easement.

(Ordinance adopted 10/21/65; Ordinance 09-70, sec. 2, adopted 10/20/09; Ordinance 2018-04, sec. 5, adopted 2/12/18)

§ 6 “R-3” APARTMENT DISTRICTS.

In the “R-3” Apartment District, no buildings or land shall be used and no buildings shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

Any use permitted in the “R-2” Two-Family District.

Multiple Dwellings.

One-Family Attached Dwellings (Townhomes), subject to the issuance of a Specific Use Permit as provided by Section 11A.03(10) of this Ordinance.

Boarding and lodging houses.

Hotels in which incidental business may be conducted for the sole convenience of the occupants of the building, provided, however, there shall be no entrance to such place of business except from the inside of the building.

Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

Institutions of an educational or philanthropic nature, other than those of a correctional nature, or for mental cases.

Accessory buildings.

Carports.

(Ordinance adopted 10/21/65; Ordinance 2017-12, sec. 3, adopted 4/10/17; Ordinance 2018-04, sec. 4, adopted 2/12/18; Ordinance 2019-02, sec. 2, adopted 1/14/19)

§ 7 HEIGHT AND AREA REGULATIONS: “R-3” APARTMENT DISTRICTS.

In the “R-3” Apartment District the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:

HEIGHT:

No building hereafter erected or structurally altered shall exceed five (5) stories or sixty (60) feet.

There shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet for interior lots nor fifteen (15) feet for corner lots.

For buildings not exceeding two and one-half (2-1/2) stories in height, the side yard requirements shall be the same as required in the “R-1” One-Family District. For buildings more than two and one-half (2-1/2) stories in height, each side yard shall be increased one (1) foot in width for each additional story above the second floor.

On corner lots the side yard regulations shall be the same as for interior lots except in the case of reversed frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the street side of the corner lot of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot, and no accessory building on said corner lot shall project beyond the front yard line on the lots in the rear; provided further, that this regulation shall not be so interpreted as to reduce the buildable width after providing the required interior side yard of a corner lot facing an intersecting street and of record at the time of passage of this ordinance to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

MINIMUM FLOOR AREA PER DWELLING UNIT:

There shall be a front yard of not less than twenty-five (25) feet to the front line of the building.

LOT AREA PER FAMILY:

Every building hereafter erected or structurally altered shall provide a lot area of not less than four thousand (4,000) square feet for one family, five thousand (5,000) square feet for two families, and an additional five hundred (500) square feet for each family in excess of two families, provided, however, these regulations shall not apply to hotels or apartment hotels where no cooking is done in any individual room, suite or apartment. The minimum lot frontage shall be fifty (50) feet.

In the “R-3” Apartment District, every dwelling unit hereafter constructed, installed, or erected shall provide a minimum floor area as follows:

ONE-FAMILY DWELLING UNIT

- One thousand three hundred square feet (1,300 SF) per dwelling unit

TWO-FAMILY DWELLING UNIT

- Nine hundred square feet (900 SF) per dwelling unit

THREE-FAMILY DWELLING UNIT

- Six hundred fifty square feet (650 SF) per dwelling unit.

ACCESSORY BUILDINGS:

CARPORTS:

Carports shall not exceed four hundred (400) square feet per residential unit in total floor area. Carports must meet all setback and building line requirements in accordance with the zoning district in which the site is located. Carports must be built at least five (5) feet from any dwelling. Carports shall not be located within any easement.

(Ordinance adopted 10/21/65; Ordinance 09-70, sec. 3, adopted 10/20/09; Ordinance 2018-04, sec. 6, adopted 2/12/18)

§ 8 “C” COMMERCIAL DISTRICT: USE REGULATIONS.

In the Commercial District no land shall be used and no building shall be used, erected, or converted to any use other than:

Any use permitted in the Residence Use Districts.

Automatic Laundry.

Bakery, retail only.

Bank and office.

Cafeteria.

Commercial billboard or advertising signs.

Cleaning and pressing shops.

Drugstore.

“Fix-it” shops, not exceeding 400 square feet in area.

Florist shops.

Gasoline filling stations, but not including major auto repair work.

Grocery Store.

Ice Delivery Station.

Meat Market.

15.

Moving picture theater (not drive-in).

16.

Restaurants.

17.

Retail store or shop for custom or the making of articles to be sold at retail on the premises only.

Shoe repair.

Tailor.

Washateria.

Auto repair garage.

Automobile[,] truck and bus service and repairs.

23.

Baggage, transfer, storage and warehouse.

24.

Cabinet maker.

25.

Carpenter shop.

26.

Carpet cleaning if dust-proof rooms and dust-catching washing and scouring equipment is provided.

27.

Ice Manufacture.

28.

Lumber yard (building materials).

29.

Motorcycle repairing.

30.

Paint shop.

31.

Penal or correctional institution for the care of insane, liquor or narcotic patients, feeble-minded.

32.

Sheetmetal shop.

33.

Stone monument works, retail only.

34.

Storage warehouse.

35.

Taxicab storage and repair.

36.

Used car lot.

37.

Hospitals and clinics except veterinary hospitals and clinics.

38.

Drive-in Theaters.

39.

Any other retail or wholesale use, provided such use is not noxious or offense by reason of emission of odors, soot, dust, noise or vibrations, but excluding such uses as are enumerated in the Industrial District.

40.

Freestanding vending machines, subject to the issuance of a specific use permit as provided by Section 11A.03(4) of this Ordinance.

41.

Telecommunication antennas or towers, subject to the issuance of a specific use permit as provided by Section 11A.03(6) of this Ordinance.

42.

Any restaurant, food sales store (grocery or convenience store), or other permitted use that derives less than seventy-five percent (75%) of the establishment’s gross revenues from the on-premise sale or service of alcoholic beverages. The City may require an audit of the accounts of an establishment to determine compliance with this subsection.

43.

Any establishment that derives seventy-five percent (75%) or more of the establishment’s gross revenues from the on-premise sale or service of alcoholic beverages, subject to the issuance of a specific use permit as provided by Section 11.A.03(2) of this Ordinance.

44.

Outdoor display and/or sales of portable storage buildings, subject to the issuance of a specific use permit as provided by section 11A.03(9) of this Ordinance.

45.

Smoke Shop, subject to the issuance of a specific use permit as provided by section 11A.03(11) of this Ordinance.

46.

Pool and Billiard Hall, subject to the issuance of a specific use permit as provided by Section 11A.03(11) of this Ordinance.

(Ordinance adopted 10/21/65; Ordinance 09-20, sec. 2, adopted 5/5/09; Ordinance 09-28, sec. 2, adopted 7/7/09; Ordinance 2016-35 adopted 12/12/16; Ordinance 2017-27, sec. 2, adopted 8/28/17; Ordinance 2020-21, sec. 2, adopted 8/10/20; Ordinance 2022-08 adopted 4/25/2022; Ordinance 2024-12 adopted 5/13/2024)

§ 9 “C” HEIGHT AND AREA REGULATIONS: COMMERCIAL DISTRICT.

In the Commercial District the height and size of buildings shall be as follows; provided, however, that building[s] erected or structurally altered and used exclusively for dwelling purposes shall comply with the front, side and rear yard, and lot area per family regulations of the R-1 and R-2 Residence Use Districts.

HEIGHT:

No building hereafter erected or structurally altered shall exceed a height at the street line of two (2) times the width of the street, but above the height permitted at the street line four (4) feet may be added to the height of the building for each one (1) foot of that building or portion thereof is set back from the street line.

No front yard required.

No side yard required except on that side of a lot abutting upon the side of a lot zoned for dwelling purposes in which case there shall be a side yard of not less than five (5) feet.

No rear yard required.

(Ordinance adopted 10/21/65)

§ 9A “C” COMMERCIAL DISTRICT: EXTERIOR BUILDING MATERIALS.

In the Commercial District, the construction of exterior walls of all buildings and structures shall consist of the following:

The front facade of the building shall consist of one hundred percent (100%) masonry construction, exclusive of doors, windows, glass, and entryway treatments or atriums of glass and metal construction.

All remaining facades of the building below the first floor ceiling plate line shall consist of not less than fifty percent (50%) masonry construction, exclusive of doors, windows, glass, and entryway treatments or atriums of glass and metal construction.

All construction shall comply with the City’s building and fire prevention codes.

Masonry construction shall mean that form of construction composed of stone, brick, concrete, hollow clay tile, concrete tile, stucco or other similar building units or materials, or combination of these materials, including brick and stone veneers, EFIS, and cementitious board.

(Ordinance 07-29, sec. 1, adopted 6/19/07; Ordinance 09-25, sec. 1, adopted 6/16/09)

§ 10 “I” INDUSTRIAL DISTRICT.

USE REGULATIONS: In the Industrial District, no land shall be used and no building shall be erected for or converted to any use other than:

Any use permitted in the Business District.

Any manufacturing or Industrial process not prohibited by any other law, provided, however, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the City Council.

Acid manufacture.

Cement, lime (gypsum or plaster of paris manufacture).

Distillation of bones.

Explosive, manufacture or storage.

Fat rendering.

Fertilizer manufacture.

Garbage, offal or dead animal reduction or dumping.

Gas manufacture.

Glue manufacture.

Petroleum refining.

Smelting of tin, copper, zinc, or iron ores.

Stockyards, or slaughter of animals.

Tannery.

Storage of [or] baling of rags, paper, iron or junk.

Reserved.

Reserved.

Cotton Gins.

Feed Mills.

Freestanding vending machines, subject to the specific use permit as provided by Section 11A.03(4) of this Ordinance.

20.

Outdoor display and/or sales of portable storage buildings.

Any establishment that derives seventy-five percent (75%) or more of the establishment’s gross revenues from the on-premises sale or service of alcoholic beverages, subject to the issuance of a specific use permit as provided by Section 11A.03(2) of this Ordinance.

Tattoo studio and/or body piercing studio, subject to the issuance of a specific use permit as provided by Section 11A.03(2) [11A.03(3)] of this Ordinance.

Sexually Oriented Businesses, as defined in Chapter 4 “Business Regulations,” Article 4.800 [Article 4.07] “Sexually Oriented Business,” of the City Code and subject to the locational, licensing and other requirements as provided in said regulations.

Wind turbine generators; subject to the issuance of a specific use permit as provided by Section 11A.03(5) of this Ordinance.

Telecommunication antennas or towers, subject to the issuance of a specific use permit as provided by Section 11A.03(6) of this Ordinance.

Automotive Wrecking and Salvage Yards and Automotive Impoundment Yards, as defined in Chapter 14 “Zoning,” Exhibit A “Zoning Ordinance,” Section 1 “Definitions” of the City Code, subject to the issuance of a specific use permit as provided by Section 11A.03(7) of this Ordinance.[1]

[1]

Original has this as Subsection 7.

Outdoor storage and/or sales of used tires, subject to the issuance of a specific use permit as provided by Section 11A.03(7) [11A.03(8)] of this Ordinance.[2]

[2]

Original has this as Subsection 8.

Smoke Shop, subject to the issuance of a specific use permit as provided by section 11A.03(11) of this Ordinance.

Pool and Billiard Hall, subject to the issuance of a specific use permit as provided by Section 11A.03(11) of this Ordinance.

(Ordinance adopted 10/21/65; Ordinance 08-01, sec. 2, adopted 1/15/08; Ordinance 08-26 adopted 4/1/08; Ordinance 08-69, sec. 1, adopted 9/16/08; Ordinance 09-18, sec. 2, adopted 4/21/09; Ordinance 09-20, sec. 3, adopted 5/5/09; Ordinance 09-28, sec. 3, adopted 7/7/09; Ordinance 09-71, sec. 1, adopted 10/20/09; Ordinance 2012-11, secs. 1, 3, adopted 9/18/12; Ordinance 2015-10, sec. 1, adopted 7/21/15; Ordinance 2017-27, sec. 3, adopted 8/28/17; Ordinance 2020-21, sec. 3, adopted 8/10/20; Ordinance 2024-12 adopted 5/13/2024)

§ 10A “I” INDUSTRIAL DISTRICT: EXTERIOR BUILDING MATERIALS.

In the Industrial District, exterior wall construction shall consist of masonry, wood, or metal construction in compliance with the City’s building and fire prevention codes, except for the facade of any building constructed on a lot abutting or adjacent to the right-of-way of U.S. 380, SH 114, or SH 101. Any building facade, front or other, facing said right-of-way shall be constructed of 100% masonry construction, exclusive of doors, windows, glass, and entryway treatments or atriums of glass and metal construction.

(Ordinance adopted 10/21/65; Ordinance 07-29, sec. 2, adopted 6/19/07; Ordinance 09-25, secs. 2, 3, adopted 6/16/09)

§ 11 “I” HEIGHT AND AREA REGULATIONS.

FRONT YARD: No front yard required.

HEIGHT: No building hereafter erected or structurally altered shall exceed a height equal to twice the width of the widest street on which said building is located; and in no case shall the height be greater than ten (10) stories or one hundred twenty (120) feet (except it may be increased by special permit of the Council).

INDUSTRIAL DISTRICT: In the Industrial District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows; provided, however, that buildings erected or structurally altered and used exclusively for dwelling purposes shall comply with the front, side and rear yard regulations of the Residence Use Districts.

REAR YARD: No rear yard required.

SIDE YARD: No side yard required, but if provided it shall not be less than three (3) feet, and except on that side of the lot abutting upon the side of a lot zoned for dwelling purposes in which case there shall be a side yard of not less than five (5) feet.

(Ordinance adopted 10/21/65)

§ 11A SPECIFIC USE PERMITS.

§ 11A.01.

Permits:

The City Council, by an affirmative three-fourths vote may, after public hearing and proper notice to all parties affected and after recommendation [by] the Planning and Zoning Commission, authorize the location of certain uses in specific locations, provided the application therefor shall be accompanied by a site plan drawn to scale and showing a general arrangement of project, together with essential requirements, such as off-street parking facilities, size, height, construction materials, and location of buildings and the uses to be permitted, location and construction of signs, means of ingress and egress to public streets, the type of visual screening, such as walls, paintings and fences, and the relationship of the intended uses to all existing properties and land uses in all directions to a minimum distance of 200 feet.

§ 11A.02.

Specific Use Permit Regulations:

Every specific use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration.

In granting a specific use permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued for use of the premises pursuant to such specific use permit.

No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the special use permit, as attached to the site plan drawing and approved by the Council.

No use authorized by a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alteration or change.

The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.

When the City Council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate on the appropriate location the ordinance number granting the specific use permit and suffixed by an “S” designation.

The City Council, in its determination that a specific use permit be granted, may set additional conditions to those specifically enumerated herein, as it may deem in the best interest of the community.

§ 11A.03.

Specific Uses:

Uses for which specific use permits may be granted are as follows:

A single manufactured home; and

Any establishment that derives seventy-five percent (75%) or more of the establishment’s gross revenues from the on-premise sale or service of alcoholic beverages; provided, however that such establishment meets the following conditions:

Such establishment must be located in a Commercial “C” or an Industrial “I” zoned district;

Such establishment shall not be located within three hundred (300) feet of a church, public or private school, public hospital, day care center, child care facility, public park or recreational facility;

Such establishment shall meet the off-street parking requirements of Section 14 of the Zoning Ordinance.

Additionally, lights must be provided to illuminate any parking facility or paved area, and shall be designed to reflect away from adjoining public or private property.

The exterior building wall construction of such establishment must be one hundred percent (100%) masonry, exclusive of all windows, doors, roofs and glass construction material;

Such establishment must meet all fire protection requirements of all applicable codes, including fire suppression/sprinkler system requirements;

No pole signs shall be permitted;

No illuminated, moving, flashing or neon signs shall be permitted in any windows or otherwise visible from the right-of-way;

No signs advertising or depicting alcohol or tobacco shall be visible from the right-of- way;

All required state licenses or permits must be valid and in effect;

All sales and consumption must be within permanent walls of the establishment covered by a roof, or within a connected enclosed patio, and alcoholic beverages shall not be taken from the premises.

Such establishment must be at least two thousand (2,000) square feet in size and must meet all applicable codes;

A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

Tattoo studio and/or body piercing studio; provided, however that such establishment meets the following conditions:

Such establishment must be located in an Industrial “I” zoned district;

Such establishment shall not be located within one thousand five hundred (1,500) feet of a church, public or private school, public hospital, day care center, child care facility, public park or recreational facility;

No illuminated, moving, flashing or neon signs shall be permitted in any windows or otherwise visible from the right-of-way;

All required state licenses or permits must be valid and in effect;

A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

A freestanding vending machine; provided, however, that such vending machine meets the following conditions:

Such vending machine must be located in a Commercial “C” or Industrial “I” zoned district; and

Such vending machine must meet all the zoning requirements for the zoning district in which it is located; and

A commercial site plan must be submitted; and

Such vending machine shall not be installed in such a manner as to impede circulation of traffic or fire lane access; and

If such vending machine is located in any area other than a parking lot, such vending machine shall provide a minimum of three (3) improved and striped parking spaces; and

All utility connections (water, sewer, electrical) for all such vending machines must be installed and maintained in accordance with all applicable laws and codes of the City; and

If such vending machine will be installed on a parking lot that belongs to a different owner than the owner of the vending machine, a written letter from the owner of the parking lot expressing approval of the construction of the vending machine must be submitted to the Building Inspector before a building permit will be issued; and

If such vending machine will be installed on property owned by the owner of the vending machine, the property on which the vending machine will be installed must be platted into its own lot; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

Wind turbine generators; provided, however, that such turbine meets the following conditions:

Such turbine must be located in an Industrial “I” zoned district, or on property owned by the Bridgeport Independent School District;

Such turbine must be located on a tract with a minimum size of five (5) acres;

Such turbine shall be set back from property line or right-of-way a distance at least equal to the height of the turbine; or double the height of the turbine if the property abuts all residential property;

The maximum noise level shall not exceed fifty (50) decibels, measured at the property line, adjacent to any residentially zoned property, and sixty (60) decibels adjacent to all other zoning districts, at any wind velocity;

The maximum height shall be no greater than fifty (50) feet, measured from the existing ground level to the highest point of the blades;

The turbine shall only serve the purpose of generation of electrical power for use on the tract on which the wind turbine generator is located;

The wind turbine generator and tower shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration;

The wind turbine generator tower must either (a) have a locked anti-climb device installed; or (b) be completely enclosed by a locked, protective fence at least six (6) feet in height;

No signage or advertisement shall be allowed on the wind turbine generator or tower;

An applicant shall submit detailed construction plans showing the location of the proposed wind turbine generator, including any necessary or ancillary equipment, buildings and wiring to the proposed wind turbine generator, and provide the specifications of proposed wind turbine generator;

A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

Telecommunication antennas or towers; subject to the following conditions:

Such telecommunication antenna or tower must be located in a Commercial “C” or Industrial “I” zoned district; and

Such telecommunication antenna or tower must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas; and

To ensure the structural integrity of the tower, no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the City to ensure compliance with the applicable local building codes. An antenna facility must be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas; and

No permanent lighting is allowed on antennas or towers except as required by the FCC or the FAA; and

Antennas or towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; and

All utility connections must be installed and maintained in accordance with all applicable laws and codes of the City; and

Antennas or towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness; and

All antenna or towers shall be of monopole construction, unless another tower can be shown to cause less visual impact on surrounding property than a similar monopole structure, such as stealth facilities (an antenna located on an existing structure, water tower, utility tower, steeple, bell tower, electric transmission tower, light pole or similar structure); and

Antenna or tower heights will be kept at the most reasonable minimum necessary for reliable reception or communications. In any case, the maximum height of the antenna, structure or tower shall not exceed fifty (50) feet; and

An equipment storage building associated with an antenna facility shall be landscaped to screen the view from adjacent property. In locations where the visual impact would be minimal, the landscaping/screening requirement may be reduced or waived; and

Co-location of antenna facilities is greatly encouraged. All new structures shall be constructed to support antenna for at least two carriers, unless the structure is an alternative or stealth design.

No signage or advertisement shall be allowed on the antenna or tower facilities; and

No part of an antenna facility, antenna, tower, or other attachment may extend beyond the property lines of the lot on which the antenna or tower facility is located; and

Antennas and towers shall be set back from the property line or right-of-way a distance at least equal to the height of the antenna or tower, or double the height of the antenna or tower if the property abuts a residential property. Stealth antennas are exempt from the minimum setback distances; and

Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of the antenna or tower shall remove it within ninety (90) days of receipt of notice of abandonment from the City. If the antenna or tower is not removed within the ninety days, the City may remove the antenna or tower at the owner’s expense; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

Automotive wrecking and salvage yards and automotive impoundment yards; provided, however, that such yard meets the following conditions:

Such yard must be located in an Industrial “I” zoned district; and

Such yard must be screened with a 10-foot-high solid barrier fence. The fence must be painted a natural earth-tone color and may not have any sign appear on its surface other than a sign indicating the business name;

Materials may not accumulate or be stacked more than 8 feet above ground level; and

Such yard may not be located within 50 feet of the right-of-way of a public street, state highway or residence; and

An impoundment yard must be a minimum of 500 feet from any adjacent residentially zoned property; and

A wrecking and salvage yard must be a minimum of 1,000 feet from any adjacent residentially zoned property; and

If such yard will be located on a tract of land that belongs to a different owner than the owner of the yard, a written letter from the owner of the property expressing approval of the operation of the yard must be submitted; and

The property must be maintained at all times in compliance with the City’s Code of Ordinances, specifically including Article 6.300 [Article 6.03] “Property Maintenance”; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

Outdoor storage and/or sales of used tires; provided however that the following conditions are met:[1]

All outdoor storage and/or display of used tires shall be located on hard-surfaced areas, at a minimum consisting of gravel or crushed rock;

All outdoor storage and/or display of used tires shall be screened from the view of any adjacent public street or property by a screening wall or fence no less than six feet (6') nor more than eight feet (8') in height, provided that no storage shall exceed the maximum height of such screening. Any portion of the storage yard adjacent to or fronting a street shall be screened with a brick, stone or masonry wall or solid wood stockade fencing; other portions of the storage yard not adjacent to or fronting a street may be screened with a solid opaque fence.

A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

[1]

Original has this as Subsection 7.

Outdoor display and/or sales of portable storage buildings; provided however, that the following conditions are met:

All outdoor storage and/or display of portable storage buildings shall be located on hard- surfaced areas, consisting of asphalt or concrete;

All outdoor storage and/or display of portable storage buildings shall be screened from the view of any adjacent public street or property by a screening wall or fence no less than six feet (6') nor more than eight feet (8') in height. Any portion of the storage yard adjacent to or fronting a street shall be screened with a brick, stone or masonry wall or solid wood stockade fencing.[;]

A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.

One-family attached (townhomes):

No building hereafter erected or structurally altered shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet.

There shall be a rear yard of not less than fifteen (15) feet.

There shall be a side yard of not less than ten (10) feet.

On corner lots, there shall be a side yard of not less than fifteen (15) feet.

There shall be a front yard of not less than twenty-five (25) feet to the front line of the building.

Minimum Lot Area per Dwelling Unit: Three thousand (3,000) square feet.

Minimum Lot Width per Dwelling Unit: Twenty-five (25) feet.

Minimum Lot Depth: One hundred (100) feet.

Minimum Floor Area Per Dwelling Unit: One thousand square feet (1,000 SF) per dwelling unit.

Off-Street Parking: Shall meet the off-street parking requirements of Section 14, (14.01, Number 3) of the Zoning Ordinance.

The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.

Smoke Shop; provided, however, that the following conditions are met:

No Smoke Shop shall be located within 1,500 feet of an existing:

Religious institution;

ii.

School (public or private);

iii.

Daycare/childcare facility;

iv.

Public park or recreational facility;

Residential district;

vi.

A property line of a lot devoted to a residential use;

vii.

Public library; or

viii.

Another Smoke Shop.

For purposes of the measurement of distances in subsection (a) above, the measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the property line of an existing use enumerated in subsection (a), to the nearest property line of the property sought to be used as a smoke shop.

A Smoke Shop lawfully operating on the effective date of this ordinance that is in violation of the location requirements of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless abandoned or terminated for any reason. A nonconforming use under this section shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

A Smoke Shop lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the Smoke Shop certificate of occupancy, of a use enumerated in subsection (a) above within 1,500 feet of the existing smoke shop.

A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.

[Reserved]

Pool and Billiard Hall; provided, however, that the following conditions are met:

No Pool and Billiard Hall use shall be located within 300 feet of an existing:

Religious institution;

ii.

School (public or private);

iii.

Daycare/childcare facility;

iv.

Public park or recreational facility;

Residential district;

vi.

A property line of a lot devoted to a residential use;

vii.

Public library; or

viii.

Another Pool and Billiard Hall use.

For purposes of the measurement of distances in subsection (a) above, the measurement shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections of an existing use enumerated in subsection (a).

A Pool and Billiard Hall use lawfully operating on the effective date of this ordinance that is in violation of the location requirements of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless abandoned or terminated for any reason. A nonconforming use under this section shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

A Pool and Billiard Hall use lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the Pool and Billiard Hall certificate of occupancy, of a use enumerated in subsection (a) above within 300 feet of the existing Pool and Billiard Hall use.

A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and

The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.

(Ordinance 83-10 adopted 10/4/83; Ordinance 07-25, sec. 2, adopted 5/15/07; Ordinance 08-01, sec. 3, adopted 1/15/08; Ordinance 09-18, sec. 3, adopted 4/21/09; Ordinance 09-20, sec. 4, adopted 5/5/09; Ordinance 09-28, sec. 4, adopted 7/7/09; Ordinance 09-71, sec. 2, adopted 10/20/09; Ordinance 2012-11, sec. 4, adopted 9/18/12; Ordinance 2015-10, sec. 2, adopted 7/21/15; Ordinance 2016-35 adopted 12/12/16; Ordinance 2017-27, sec. 4, adopted 8/28/17; Ordinance 2019-02, sec. 3, adopted 1/14/19; Ordinance 2020-21, sec. 4, adopted 8/10/20; Ordinance 2024-12 adopted 5/13/2024)

§ 11B PD - PLANNED DEVELOPMENT DISTRICT.

General Purpose and Description.

The Planned Development District “PD” prefix, is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD District may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility.

Permitted Uses.

Any use specified in the conceptual and development plan shall be permitted in the PD District. The site, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this ordinance.

Development Standards

3.1

Development standards for each separate PD District shall be set forth in the ordinance granting the PD District and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate.

3.2

In the PD District, the particular districts to which uses specified in the PD are most similar shall be stated in the granting ordinance. All PD applications shall list all requested variances from the standard requirements set forth throughout this ordinance (applications without this list will be considered incomplete).

3.3

The ordinance granting a PD District shall include a statement as to the Purpose and intent of the PD granted therein. A specific list is required of variance in each district or districts and a general statement citing the reason for the PD request.

3.4

The Planned Development District shall conform to all other sections of the Ordinance unless specifically exempted in the granting ordinance.

Conceptual and Development Plan.

In establishing a Planned Development District, the City Council shall approve and file as part of the amending ordinance appropriate plans, standard[s] and restrictions for each Planned Development District. During the review and public hearing process, the City Council shall require a conceptual plan, a development plan and/or detail site plan.

4.1

Conceptual Plan.

This plan shall be submitted by the applicant. The plan shall show the applicant’s intent for the use of the land within the proposed Planned Development District in a graphic manner and shall be supported by written documentation of proposals and standards for development and restrictions.

4.1.1

A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data.

4.1.2

A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the City Council, may include but is not limited to the types of use(s), topography, and boundary of the PD area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final development plan.

4.1.3

Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off-street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the building official or his designated representative. If an agreement cannot be reached regarding whether or not a detail site plan conforms to the original concept plan, the City Council shall determine the conformity.

4.2

Development Plan or Detail Site Plan.

This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted for the total area of the PD or for any section by the City Council. A public hearing on approval of the development plan shall be required at the Council level, unless such a hearing is waived pursuant to Section 4.3.1 at the time of conceptual plan approval in the original amending ordinance. The development plan shall include:

4.2.1

A site inventory analysis including a scale drawing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

4.2.2

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width of all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour, interval of not more than five (5) feet.

4.2.3

A site plan for proposed complexes showing the location of separate buildings, and between buildings and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

4.2.4

A landscape plan showing screening walls, ornamental planting, wooded areas, and trees to be planted.

4.2.5

An architectural plan showing elevations and signage style to be used throughout the development in all districts except single-family and two-family may be required by the City Council if deemed appropriate. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the building official or his designated representative.

4.3

Procedure for Establishment.

The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Ordinance 65-12. This procedure is expanded as follows for approval of conceptual development plans.

4.3.1

Separate public hearings shall be held by City Council for the approval of the conceptual plan and the development plan or any section of the development plan, unless such requirements are waived by the City Council upon a determination that a single public hearing is adequate. A single public hearing is adequate when:

The applicant submits adequate data with the request for the Planned Development District to fulfill the requirements for both plans; or

Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from it; and

The requirement is waived at the time the amending ordinance is approved. If the requirement is waived, the conditions, shall be specifically stated in the amending ordinance.

4.3.2

The ordinance establishing the Planned Development District shall not be approved until the conceptual plan is approved.

4.3.3

The development plan may be approved in sections. When the plan is approved in sections, the separate approvals by the City Council for the initial and subsequent sections will be required.

4.3.4

An initial development plan shall be submitted for approval within in six (6) months from the approval of the conceptual plan or some portion of the conceptual plan. If the development plan is not submitted within six (6) months, the conceptual plan is subject to reapproval by the City Council. If the entire project is not completed within two (2) years, the City Council may review the original conceptual plan to ensure its continued validity.

4.3.5

Regardless of whether the public hearing is waived for the development plan, approval by the City Council is still required.

Written Report May be Required.

When a PD is being considered, a written report may be requested of the applicant discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic. Written comments from the applicable public school district and from private utilities may be submitted to the City Council.

Planned Development to be Recorded.

All Planned Development Districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendment thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted and restrictions therein, shall be maintained in an appendix of the PD Ordinance.

(Ordinance 01-01 adopted 1/23/01)

§ 11C MANUFACTURED HOMES AND MOBILE HOMES.

Location Requirements.

A person commits an offense if the person places, keeps, maintains or occupies a mobile home or a manufactured home upon any lot or parcel of ground within the city for a period exceeding twenty-four (24) hours, except in conformance with the provisions of this ordinance.

Mobile Homes Prohibited.

A person commits an offense if the person locates or occupies a mobile home within the city for use or occupancy as a residential dwelling. The provisions of this Section shall not apply to a mobile home installed before the effective date of this ordinance. In the absence of water connection records, or a building permit, it shall be the responsibility of the owner of the mobile home to establish proof of the date that such mobile home was legally permitted.

A previously existing mobile home which is removed from the city may be replaced with a manufactured home, subject to the restrictions in the Zoning Ordinance and other city ordinances regarding abandonment or termination of nonconforming uses.

Unlawful Occupancy.

A person commits an offense if a person occupies a manufactured home, or permits the occupancy of any such manufactured home except as specifically permitted in this ordinance.

Electrical Connections.

Except as provided in Section 11D, no person shall make any electrical connection to any manufactured home from any source of electricity within the city without the approval of the electrical inspector of the city as to such connection, and the payment of the required inspection fee therefor. All electrical connections must comply with the requirements of the adopted Electric Code of the City of Bridgeport, including any requirement to obtain a permit prior to making such connection.

Plumbing Connections.

Except as provided in Section 11D, no person shall make any plumbing connection to any manufactured home from any source of water supply or sewage disposal within the city without the approval of the plumbing inspector of the city as to such connection, and the payment of the required inspection fee therefor. All plumbing connections must comply with the requirements of the adopted Plumbing Code of the City of Bridgeport, including any requirement to obtain a permit prior to making such connection.

Nonconforming Uses.

Any mobile home or manufactured home which is located on residentially zoned property that is sold shall be removed from the property at the time of sale, and thereafter the property shall be used only in conformance with the regulations applicable in the zoning district in which the property is located.

Notwithstanding anything in the Zoning Ordinance to the contrary, the owner of a manufactured home that has been destroyed by fire or natural disaster, may replace the manufactured home, provided that the installation complies with all applicable state or local regulations and the owner applies for a permit and commences installation within twelve (12) months of the date of destruction. The failure of the owner to start such installation within twelve (12) months shall forfeit the owner’s right to replace the manufactured home. In this subsection, the terms “fire” and “natural disaster” shall have the same meanings as the identical terms in Section 1201.008(f) of the Texas Occupations Code.

Notwithstanding anything in the Zoning Ordinance to the contrary, the owner of a nonconforming manufactured home that occupies a lot within the city may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home, and provided that the installation complies with all applicable state or local regulations and the owner applies for a permit and commences installation within twelve (12) months of the date of removal. The failure of the owner to start such installation within twelve (12) months shall forfeit the owner’s right to replace the manufactured home. Replacement of a manufactured home in accordance with this subsection is limited to a single replacement.

In the event of a conflict between the provisions of this Section and Section 12 of the Zoning Ordinance, the provisions of this Section shall be controlling.

(Ordinance 02-05 adopted 2/19/02; Ordinance 08-24 adopted 4/1/08)

§ 11D MANUFACTURED HOME PARKS.

Creation and Purpose.

The Manufactured Home Parks (“MHP”) District is created to provide adequate space and restrictions for the placement of manufactured homes in the City. This does not include mobile homes as defined in this ordinance. The “MHP” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy, while providing for quality manufactured home park subdivision development containing many of the characteristics and atmosphere of a conventional single-family residential district.

Location of MHP Districts.

The previous “Mobile Home Parks” Districts in the City of Bridgeport known as “MHP” Districts, shall hereafter be known as “Manufactured Home Parks” Districts, and shall continue with the “MHP” District designation.

Manufactured Home Subdivision.

Land within the “MHP” District shall be developed as a manufactured home subdivision. Lots or spaces within the “MHP” District will be sold or rented to private individuals in strict conformance with the terms and in conformance with conditions under which the manufactured home subdivision was approved by the City Council and the requirements of this Section. All roadways within a manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the City Council. Land zoned “MHP” which is not developed as a manufactured home subdivision may be developed as “R-1” One-Family District, so long as it is developed in accordance with the regulations of said district. In such case manufactured homes will not be permitted.

Permitted Uses.

In the “MHP” District no building or land shall be used and no building shall be installed, erected, reconstructed, altered, maintained, enlarged, converted to any use except for one (1) or more of the following uses:

Manufactured housing dwelling;

Single-family dwellings;

Churches;

Public schools, elementary and high;

Museums, libraries, parks, playgrounds or community centers owned and operated by the City;

Accessory uses customarily incident to any of the above uses when situated in the same dwelling, when not involving the conduct of a business or industry.

Site Plan Requirements.

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. No application for a house moving permit for the installation of a building shall be approved unless a site plan has been approved meeting the conditions provided in this ordinance.

Area Requirements.

The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height and minimum dwelling size for the “MHP” District, shall be as follows:

“MHP” Zoning District Area Requirements
Maximum Density	4.0 (d.u./acre)
Minimum Lot Area	10,890 sq. ft. per unit
Minimum Lot Width	50 ft.
Minimum Front Yard	25 ft.
Minimum Side Yard (Interior Lot)	10% of lot width, not less than 5 ft.
Minimum Side Yard (Adjacent to Street)	15 ft.
Minimum Rear Yard	20% of lot depth, not to exceed 25 ft. from centerline of alley
Maximum Building Height	20 ft.
Minimum Dwelling Size	1,200 sq. ft.
Minimum Space Separation between Homes	20 ft.

The minimum site area which may be developed or used for manufactured home park purposes shall be four (4) acres. No manufactured home shall be permitted within twenty-five (25) feet of a boundary of an “MHP” District.

Yard Requirements for Secondary Structures.

In the “MHP” District, no carport, garage, storage building, laundry house, or other permitted structure may be located closer than 10% of the width of the lot or 5 ft. whichever is greater, from any side property line and 5 ft. from any rear property line. Such structures are also subject to the front and side yard requirements set forth above. No more than 30% of the required rear yard may be occupied by accessory structure(s).

Development and Installation Standards.

Any property developed in the “MHP” District as a manufactured home or a manufactured housing subdivision shall have and meet the following minimum requirements:

Within thirty (30) days of the manufactured home placement on the lot, connection with the municipal water system, furnishing an ample and adequate supply of water for both health and firefighting purposes, including the adequate provisions of fire hydrants. A one-time extension of fifteen (15) days may be granted by the City Manager or his designee;

Within thirty (30) days of the manufactured home placement on the lot, connection with the municipal sanitary sewer system. A one-time extension of fifteen (15) days may be granted by the City Manager or his designee;

Adequate provisions for the collection and removal of waste and garbage;

A single master meter shall be provided for the electrical connection to the manufactured home park. If the owner of the park desires to submeter each unit, the cost of the additional meters and any and all maintenance shall be borne by the owner of the park;

A single master meter shall be provided for the water and sewer connection to the manufactured home park. If the owner of the park desires to submeter each unit, the cost of the additional meters and any and all maintenance shall be borne by the owner of the park;

The park shall have adequate and sufficient electrical lighting of the streets and areas thereof. The cost of this lighting will be borne by the owner of the park;

The park shall have an adequate and ample area set aside for a play area if children are permitted in the park, which play area shall be enclosed with a fence so that vehicles may not enter therein;

Each lot or space shall be identified by lot number painted or displayed on a signboard at the front of the lot. Numerals shall be dark in color against a light background so as to assure easy identification by emergency personnel. Minimum numeral size will be six (6) inches in height. The sign board must be at least ten (10) inches by ten (10) inches in size;

Manufactured homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer’s specifications;

(j)

Manufactured homes must have a minimum of an eighteen-inch (18") crawl space left under all homes;

(k)

Manufactured homes shall have permanent steps installed at all exits;

(l)

Skirting shall be securely attached between the manufactured home and the ground on all sides within thirty (30) days of home installation. Skirting materials shall consist of materials which are compatible with design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited;

(m)

Construction, siding, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department;

(n)

Ingress and egress to the property shall be provided in accordance with the requirements of the City ordinance standards and regulations;

(o)

Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the City. Such can be accomplished by designating all private interior drives within the site as easements for vehicular access and service;

(p)

Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents;

(q)

Any structural alteration or modification of a manufactured home after it is placed on the site must be approved by the Building Official of the City. All structural additions shall comply with the City’s building codes and ordinances;

(r)

Manufactured home parks shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the City Council upon recommendation of the Planning and Zoning Commission;

(s)

Detached roofs (similar to a carport roof, but constructed over a manufactured home) are not permitted;

(t)

Recreational vehicles shall not be occupied as living quarters;

(u)

A manufactured home park may only be located in a zoning district approved for such use.

Interior Streets.

Internal streets, no-parking signs, and streets name signs shall be privately owned, built, and maintained, unless dedicated to and accepted by the City. Streets shall be designed for safety and convenient access to all manufactured home spaces and in accordance with the general design standards of the City’s development regulations.

Off-Street Parking.

Off-street parking shall be provided in accordance with the provisions of the Zoning Ordinance, and all other applicable ordinances of the City.

Screening.

A solid, opaque screening wall or fence of not less than six (6) feet in height, shall be provided along all perimeter property lines of a manufactured home subdivision which do not abut a dedicated street. Said screening wall or fence shall be of a decorative masonry construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the City Council. However any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

Open Space Area.

Open space designated for the use and enjoyment of all residents shall be provided within a manufactured home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

Water and Sewer.

Each manufactured home space or lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be submitted for review by the City, at the time of site plan approval. Water and Sewer must be in compliance with the City’s building regulations.

Drainage.

Engineering plans for drainage shall be submitted for review by the City at the time of site plan approval. All applicable requirements of the City shall be complied with.

15.

Manufactured Home Sales.

Manufactured home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

16.

Inspections and Permit Required.

A permit shall be secured from the building official by any person desiring to install a manufactured housing unit within the city. Such permit shall be secured before any preparation of the lot is begun and started prior to moving in a manufactured housing unit upon such lot.

Appropriate permits are also required for electrical, plumbing, and mechanical installation/hook-up. Any additions to the manufactured housing unit shall require appropriate permits in accordance with the adopted building, residential, electrical, plumbing and mechanical codes of the City of Bridgeport.

It shall be unlawful for any person to make or have made any connection with any water, wastewater, electrical, or natural gas service to a manufactured home without having first obtained a permit as specified in this section.

An electrical inspection shall be required to restore electric service to any mobile home or manufactured housing unit from which service has been discontinued.

(Ordinance 2014-03, sec. 3, adopted 2/4/14)

§ 11E MANUFACTURED HOUSING DISTRICT.

Creation and Purpose.

The Manufactured Housing (“MH”) District is created to provide adequate space and restrictions for the placement of manufactured homes in the City. This does not include mobile homes as defined in this ordinance. The “MH” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy, while providing for quality manufactured homes containing many of the characteristics and atmosphere of a conventional type single-family residential district.

Location of MH Districts.

Each tract of land in the City of Bridgeport previously designated as “Single-Family Mobile Home” shall hereafter be known as “Manufactured Housing” District.

Permitted Uses.

In the “MH” District no building or land shall be used and no building shall be installed, erected, reconstructed, altered, maintained, enlarged, converted to any use except for one (1) or more of the following uses:

Manufactured housing dwelling;

Single-family dwellings;

Churches;

Public schools, elementary and high;

Museums, libraries, parks, playgrounds or community centers owned and operated by the City;

Accessory uses customarily incident to any of the above uses when situated in the same dwelling, when not involving the conduct of a business or industry.

Area Requirements.

The requirements regulating the minimum lot size, minimum yard sizes, maximum building height and minimum dwelling size for the “MH” District, shall be as follows:

“MH” Zoning District Area Requirements
Minimum Lot Area	7,200 sq. ft.
Minimum Lot Width	50 ft.
Minimum Front Yard	25 ft.
Minimum Side Yard	10% of lot width, but not less than 5 ft.
Minimum Rear Yard	20% of lot depth, not to exceed 25 ft. from centerline of alley
Maximum Building Height	20 ft.
Minimum Dwelling Size	1,200 sq. ft.
Maximum Number of Dwelling Units Per Lot	1

Yard Requirements for Secondary Structures.

In the “MH” District, no carport, garage, storage building, laundry house, or other permitted structure may be located closer than 10% of the width of the lot or 5 ft., whichever is greater, from any side property line and 5 ft. from any rear property line. Such structures are also subject to the front and side yard requirements set forth above. No more than 30% of the required rear yard may be occupied by accessory structure(s).

Installation of Manufactured Housing Allowed.

Upon application to the building official of the city and upon the issuance of the required permit and payment of the applicable fee, the installation of a manufactured homes shall be permitted as a residential dwelling if such use is a permitted use within the zoning districts in which the property is located.

An application to install a new manufactured home for use and occupancy as a residential dwelling is deemed approved and granted unless the building official denies the application in writing within 45 days from receipt of the application setting forth the reason.

This section shall not affect the validity of any deed restriction that is otherwise valid.

Standards for Manufactured Housing.

All manufactured housing placed within the city limits shall conform with the Federal “Mobile Home Construction and Safety Standards,” dated June 16, 1976, established for manufactured housing by the United States Department of Housing and Urban Development relating to manufactured housing, as amended, and shall bear a label or seal of compliance indicating such compliance.

All other structures, on-site, shall comply with all city codes and ordinance. In addition, compliance shall be made with the appropriate sections of this code concerning foundations, supports, and utility connections.

All manufactured homes shall be sited on the lot so that the front door faces a street.

Minimum Manufactured Housing Installation Standards.

The following requirements shall be applicable to manufactured homes installed within the city, and shall be in addition to any other requirements found in the adopted Building Code of the City of Bridgeport:

Minimum Anchoring Standards.

The “Mobile Homes Tie-Down Standards” contained in the Building Code, as amended, shall apply in all respects to the anchoring and tie-down of manufactured homes within the city and shall apply to subsequent installation of previously occupied mobile homes within the city.

Minimum Underpinning Standards.

All manufactured homes installed within the city shall have constructed a continuous skirt or underpinning constructed around the perimeter of said home within thirty (30) days of said installation. Skirting materials shall consist of materials which are compatible with design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited.

The intervening space between floor sills and the ground shall be protected by a non-bearing wall below the floor level of the structure extending from the bottom of the frame to the ground level and fully enclosing the perimeter of the structure and fastened securely to the exterior wall of the structure.

Within thirty (30) days of the manufactured home placement on the lot, connection with the municipal water system. A one-time extension of fifteen (15) days may be granted by the City Manager or his designee.

Adequate provisions for the collection and removal of waste and garbage.

Manufactured homes must have a minimum of an eighteen-inch (18") crawl space left under all homes.

Manufactured homes shall have permanent steps installed at all exits.

(j)

Ingress and egress to the property shall be provided in accordance with the requirements of the City ordinance standards and regulations.

(k)

Drainage and utility easements shall be provided as required by the City.

(l)

(m)

Detached roofs (similar to a carport roof, but constructed over a manufactured home) are not permitted.

(n)

Recreational vehicles shall not be occupied as living quarters.

(o)

A manufactured home may only be located in a zoning district approved for such use.

Inspections and Permit Required.

An electrical inspection shall be required to restore electric service to any mobile home or manufactured housing unit from which service has been discontinued.

Access to Premises.

The building official of the city shall have access at all reasonable hours to all premises upon which manufactured housing units are placed for the purpose of insuring compliance with the terms of this Section applicable to said manufactured homes, and any refusal shall result in refusal of the issuance of any permit required under this Section or revocation of any issued permit until such permission is granted.

Off-Street Parking.

Off-street parking shall be provided in accordance with the provisions of the Zoning Ordinance, and all other applicable ordinances of the City.

(Ordinance 2014-03, sec. 4, adopted 2/4/14)

§ 11F OIL AND GAS DRILLING AND PRODUCTION.

Oil and gas drilling and production shall be permitted in all zoning districts, subject to the comprehensive rules and regulations contained in Article 4.400 [Article 4.05] “Oil and Gas Drilling and Production,” as amended, of the City Code.

(Ordinance 08-69, sec. 2, adopted 9/16/08)

§ 11G TEMPORARY AND SEASONAL USES.

General Purpose.

Certain temporary and seasonal uses of land are essential to the full development and utilization of the land and are deemed necessary to promote the health, safety, and general welfare of the City. The temporary and seasonal uses and special events hereinafter enumerated shall not be deemed violations of the zoning ordinance when conducted under the conditions herein provided.

Permits issued for any of the seasonal and temporary uses hereinafter enumerated shall not constitute a waiver of payment for any utility service pursuant to the regulations found in Section 13.102(e) [Section 13.02.002(e)] of the City’s Code of Ordinances.

Charitable, religious, and nonprofit organizations may conduct retail sales for fundraising purposes in any zoning district with the issuance of a temporary or seasonal use permit; however, the permit fee associated with the permit shall be waived[.]

Permitted Temporary Uses.

The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be permitted, and approvals required are as follows:

Temporary Office. Temporary field or construction offices and temporary building material storage areas to be used solely for on-premises business and/or construction purposes in connection with the property on which they are erected, or within the same platted subdivision, may be permitted in all zoning districts when approved by the Building Inspector, provided they meet the following requirements:

The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing.

The temporary building shall be constructed in accordance with the City’s building code and all other applicable codes, ordinances, or regulations of the City.

No permit shall be issued for a temporary building on a site for a period greater than twelve (12) months. An extension may be granted by approval of the City Council.

Any temporary building erected under this section as a temporary construction office must be removed within thirty (30) days after substantial completion or abandonment of the new construction for which it is accessory.

Written permission from the property owner must be submitted if the owner is different than the temporary office operator.

Model homes may be permitted in residential zoning districts, when approved by the Building Inspector, provided they comply with the following requirements:

Up to four (4) houses may be used as model homes by each individual builder in a subdivision.

The garage of a model home may be used as a sales office, and driveways required for a single-family residence may be omitted during the term that the model home is being used for this purpose.

Off-street parking must be provided on or adjacent to the site of a model home. Off-street parking may be located on adjacent platted lots as a principal, but temporary, use for the term that the model home is being used for this purpose.

All off-street parking shall be on a surface that is approved by the City Engineer.

Use of a structure as a model home shall cease at the time eighty (80) percent of the lots owned by the individual builder/developer have been issued a building permit for a residential dwelling.

(6)

At the time use as a model home ceases, all driveway, sidewalks, curbs, garages, and off-street parking shall be constructed and provided for the model home.

(7)

At the time the model home is converted to a residential use, all adjacent lots used for parking lots shall be returned to the natural condition as existed prior to use of the adjacent lot for a model home.

(8)

The City may require a bond or escrow for the removal of parking lots and/or the reconstruction required for any reclamation efforts caused by the temporary parking lot.

Snow cone or other seasonal refreshment stands may be permitted on properties zoned commercial (C) and industrial (I), when approved by the Building Inspector. Snow cone stands shall be exempt from the area and masonry requirements of the underlying zoning district; however, they are subject to setback requirements as may be required by the Building Inspector. The Building Inspector may issue a permit for such sales when it is found that there is available adequate off-street parking area, either improved or unimproved; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Written permission from the property owner must also be submitted if the owner is different than the sales operator. No permit for a snow cone stand shall be issued for a period greater than six (6) months. Snow cone stands must be removed from the property where they are located at the end of the permitted period.

Firewood sales may be permitted on properties zoned commercial (C) and industrial (I), when approved by the Building Inspector. Firewood sales shall be exempt from the area and masonry requirements of the underlying zoning district; however, they are subject to setback requirements as may be required by the Building Inspector. The Building Inspector may issue a permit for such sales when it is found that there is available adequate off-street parking area, either improved or unimproved; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Written permission from the property owner must also be submitted if the owner is different than the sales operator. No permit for firewood sales shall be issued for a period greater than six (6) months. Firewood must be removed from the property where it is located at the end of the permitted period.

Carnivals and circuses may be permitted on properties zoned commercial (C), industrial (I), or public/semi-public (non-exempt), with written property owner permission, when approved by the Building Inspector, provided they meet the following requirements:

No permit for a carnival or circus shall be issued for a period greater than fourteen (14) consecutive days.

Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Inspector.

No carnival or circus shall begin operation before 8:00 a.m. and operation shall cease before 11:00 p.m. on all nights, except on Saturday when the event shall cease operation at midnight.

The Building Inspector shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the Building Inspector’s decision, the sponsor may appeal the requested use to the City Council.

A special event permit shall be issued and provided to the Building Inspector before temporary use permit shall be issued for a carnival or circus.

(6)

Written permission from the property owner must be submitted if the owner is different than the carnival or circus operator.

Permitted Seasonal and Other Temporary Uses.

The sale of seasonal items and the temporary sale of other items are permitted in commercial (C) and industrial (I) districts, subject to the following requirements:

The following seasonal sales are permitted:

Produce;

Christmas Trees (The temporary outdoor sale of Christmas trees may be permitted for a period of forty (40) days prior to Christmas Day. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4, following the Christmas holiday.);

Firewood (see additional requirements in subsection 2(d) of this Section);

Snow Cones, and other seasonal refreshment stands as determined by the Building Inspector (see additional requirements in subsection 2(c) of this Section);

Other items typically sold as seasonal sales items.

A permit shall be required for any seasonal or temporary sales, and no permit shall be issued for a period greater than thirty (30) consecutive days (except as otherwise provided herein), and no more than one permit shall be issued for any one property in the course of any calendar year.

All sales shall meet the special conditions, if any, imposed by the Code Enforcement Officer, Building Inspector, and/or Fire Inspector for the protection of public interest and the welfare of the community.

No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the International Fire Code and no tent shall be erected without first obtaining a permit.

Prior to a permit being issued for a seasonal or temporary sales location, the following requirements must be met:

Written permission from the property owner must be submitted if the owner is different than the sales operator.

On-site parking is required as determined by the Building Inspector, with a minimum of two spots required for any sales. The surface of such parking areas need not be paved or surfaced as otherwise required by the Zoning Ordinance for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the seasonal sales.

Access to restroom facilities must be provided.

A sign permit must be issued in accordance with the City’s sign ordinance, if the sales operator intends to erect signage.

The sales location must comply with building, plumbing, electrical, and health codes when applicable.

Existing businesses that sell seasonal or other merchandise temporarily are exempt from the permitting requirements for seasonal uses. Such businesses, however, shall comply with all other criteria provided for seasonal uses.

An application for approval of a seasonal or temporary use must be submitted not less than twenty (20) days prior to the commencement date of the use and shall include the following information:

A completed application on a form provided by the City;

A scale drawing showing the location and size of any buildings or other improvements, all outside storage areas, parking, and proposed construction fencing;

The applicant shall submit a fee in accordance with the fee schedule as established by the City.

Approval of a permit for a temporary use or seasonal use must be approved by the City Manager or his designee. The City Manager or his designee may elect, at his/her discretion, to forward any request to the City Council.

Permitted Special Events.

Special events, parades, and other similar activities or events requiring any street closure or use of City-owned property or personnel are subject to the regulations in Article 12.900 [Article 12.08] of the City code. Other special events may be permitted, provided they meet the following requirements:

No special event permit shall be issued for a period of time exceeding three (3) consecutive days;

A special event must be organized and conducted in a way that ensures that it meets minimum standards of health, sanitation, and safety required by the City or State law, codes, ordinances, rules or regulations;

No retail sales are conducted except those incidental to the primary activity, such as refreshment and souvenir sales;

All parking for a special event shall be provided on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. The surface of such parking areas need not be paved or surfaced as otherwise required by the Zoning Ordinance for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the special event;

A completed application on a form provided by the City must be submitted;

The applicant shall submit a fee in accordance with the fee schedule as established by the City;

Approval of a permit for a special event must be approved by the City Manager or his designee. The City Manager or his designee may elect, at his/her discretion, to forward any request to the City Council.

(Ordinance 10-25 adopted 7/20/10; Ordinance 2012-09 adopted 7/17/12)

§ 12 NONCONFORMING BUILDINGS AND USES.

Within the districts established by this ordinance, or amendments that may later be adopted, there may exist lots and uses of land, and/or buildings and structures, which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

Such nonconforming uses, structures or lots are deemed to be incompatible with permitted uses and structures in the applicable zoning district and are contrary to the stated purposes of this ordinance. With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconformities be eliminated and be required to conform to the regulations in this ordinance. Notwithstanding the above, such nonconforming use, structure or lot may be continued subject to the conditions and limitations set forth in this section.

NON-CONFORMING BUILDINGS: Occupancy permitted. A non-conforming building or structure may be occupied except as herein otherwise provided.

REPAIRS OR ALTERATIONS: Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alteration shall be made except those required by law or ordinance, and further provided these regulations shall never be construed to allow an addition to a non-conforming building.

ADDITIONS, ENLARGEMENTS, MOVING: A non-conforming building or structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such building or structure is located.

No non-conforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all regulations of the district.

RESTORATION OF DAMAGED BUILDINGS: A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, shall not be a again [sic] restored or used for such purpose if the expense of such restoration exceeds fifty percent (50%) of the replacement cost of the building or structure at the time such damage occurred. Any non-conforming building or structure partially destroyed may be restored within six (6) months of the date of partial destruction and is diligently prosecuted to completion. Whenever a nonconforming building or structure is damaged in excess of fifty percent (50%) of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the districts in which it is located, and it shall be treated as a new building.

NON-CONFORMING USES Of BUILDINGS: Continuation. Except as otherwise provided in this ordinance the non-conforming use of the building or structure lawfully existing at the time of the effective date of this ordinance may be continued.

The use of a non-conforming building or structure may be changed to use of the same, or more restricted classification, but where the use of a non-conforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less-restricted classification.

A vacant, non-conforming building or structure lawfully constructed may be occupied by use for which the building or structure was designated or intended, if so occupied within a period of six (6) months after the effective date of this ordinance, and the use of a non-conforming building or structure lawfully constructed which becomes vacant after the effective date of this ordinance, may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of six (6) months after the building becomes vacant.

Expansion prohibited. A non-conforming use of a conforming building or structure, (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure, nor changed except to a conforming use. If such non-conforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

Extension. A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a lawfully existing non-conforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming use.

NON-CONFORMING USE OF LAND: Continuation of use. The non-conforming use of land (where no main building is involved), existing at the time of the effective date of this ordinance, may be continued provided; that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property.

That if such non-conforming use of land or any portion thereof is discontinued or changed, any future use of such land or portion thereof, shall be in conformity with the provisions of this ordinance.

That any sign, billboard, poster, storage yard, or trailer camp, which is lawfully existing and maintained at the time of the effective date of this ordinance, may be continued, although such use does not conform with the provision hereof, provided however, that no structural alterations are made thereto.

DISCONTINUANCE OR ABANDONMENT: A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:

A.	It has been replaced with a conforming use;
B.	Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six-month period;
C.	The use changes, is temporarily prohibited, or is moved from the premises;
D.	Utility service to the premises is terminated;
E.	The ownership or occupancy changes;
F.	The owner or occupant expresses an intent, through actions or statements, to discontinue or change the use; or
G.	The premises are dilapidated, substandard or not maintained in a suitable condition for occupancy.

DISPLACEMENT: No non-conforming use shall be extended to displace a conforming use.

VISION CLEARANCE: On any lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view. Any fence, wall, hedge, shrubbery, etc., higher than a base line extending from a point 2 1/2 feet above walk grade at the walk to a point 4 1/2 feet above walk grade at the depth of front yard required is hereby declared to be an obstruction to view, except single trees having a single trunk which are pruned to a height of seven feet above walk grade.

DISTRICT CHANGES: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of this ordinance the provisions of this section shall also apply to any non-conforming uses existing therein which may so become nonconforming.

AMORTIZATION

A.	The City Council may request that the Zoning Board of Adjustment establish a compliance date for discontinuance of a nonconforming use, structure or lot in accordance with this section.
B.	In determining whether to initiate an amortization proceeding, the Zoning Board of Adjustment may consider the character of the surrounding area, the degree of incompatibility of the nonconforming use, structure or lot to the zoning district in which it is located, the effect of the nonconforming use, structure or lot on the surrounding area, the effect of cessation of the nonconforming use, structure or lot on the area, any other danger or nuisance to the public caused by the nonconforming use, structure or lot, and any other factors the board considers relevant. If the board determines that there is no public necessity for establishing a compliance date, the board shall request that the City Council initiate rezoning of the property to bring the nonconforming use, structure or lot into compliance with applicable zoning regulations.
C.	Written notice of the hearing shall be mailed to the owner of the use and the owner of the property at least 30 days before the hearing.
D.	The compliance date for discontinuance of a nonconforming use, structure or lot shall be prescribed by the board at a public hearing, after hearing testimony from the owner, the operator, neighboring property owners, community organizations and other interested parties. In prescribing a reasonable amortization period for the nonconforming use, structure or lot to give the property owner an opportunity to recover his investment from the time the nonconforming use, structure or lot commenced, as allowed by law, the board shall consider the following factors:
	1.	The owner’s capital investment in structures, fixed equipment and other assets (excluding the land and any inventory and other assets that may be feasibly transferred to another site) on the property before the time the nonconformity commenced. Any such investment made after the nonconformity commenced shall not be included;
	2.	Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;
	3.	Any return on investment since inception of the nonconforming use, structure or yard, including net income and depreciation;
	4.	The anticipated annual recovery of investment, including net income and depreciation; and
	5.	Any other factors allowed by law.

(Ordinance adopted 10/21/65; Ordinance 2016-36 adopted 12/12/16)

§ 13 HEIGHT AND AREA EXCEPTIONS.

The foregoing requirements in the height and area districts shall be subject to the following exceptions and regulations:

HEIGHT:

in the thirty-five (35) and sixty (60) feet height districts, public or semi-public buildings, hospitals, sanitariums, or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed thirty-five (35) and sixty (60) feet, respectively, in height.

One-Family dwellings in the thirty-five (35) feet height districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. Such dwelling, however, shall not exceed three (3) stories in height.

Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the City of Bridgeport.

On through lots one hundred and fifty (150) feet or less in depth the height of a building may be measured from the curb level on either street. On through lots more than one hundred and fifty (150) feet in depth the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred and fifty (150) feet from that street.

[Reserved]

AREA: For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one (1) building, occupying one (1) lot: semi-detached two-family and four-family dwellings and row houses not more than two (2) rooms deep.

In the case of a court apartment, side yards may be used as rear yards provided that:

The required side yard shall be increased by one (1) foot for each entrance or exit opening into or served by such[.]

The width of the place or court shall not be less than three (3) times the width of the side yard, as required in this provision, provided that open, unenclosed porches may project unto [into] the required place or court not more than twenty (20) percent of the width of such place or court.

Where a roadway is provided in the place or court the width allowed for such roadway shall be in addition to that required above.

All other requirements including front, side and rear yards shall be complied with in accordance with the district in which such court apartments are located.

The front and side yard requirements for dwellings shall be waived where dwellings are erected above stores.

In computing the depth of a rear yard for any building where such yard opens onto any alley, one-half (1/2) of such alley may be assumed to be a portion of the rear yard.

An accessory building may occupy not more than thirty (30) percent of a required rear yard, provided, however, in the case of reversed frontage no accessory building shall be erected closer than five (5) feet to the line of abutting lot to the rear.

(j)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum side yard more than twenty-four (24) inches.

(k)

No cornices shall project over the street line more than five (5) percent of the width of such street, and shall in no case project more than four (4) feet.

(l)

Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a yard or court, not more than three and one-half (3-1/2) feet and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.

(Ordinance adopted 10/21/65)

§ 14 OFF-STREET PARKING REQUIREMENTS.

14.01.

OFF-STREET PARKING - RESIDENTIAL USES

On lots zoned or used for residential uses, off-street parking shall not be allowed within the front or side yards, except as provided below:

Within a defined driveway perpendicular to the abutting roadway. Such driveway may be defined by gravel, paved or unpaved tire runners, unpaved tire running paths, concrete or asphalt pavement, pavestone, brick, or other accepted pavement approved by the City Engineer.

If not within a defined driveway perpendicular to the abutting roadway, on a surface paved with concrete, asphalt, brick, pavestone, or other accepted pavement approved by the City Engineer.

Single-family residential dwelling units, including manufactured homes, constructed after January 1, 2008, shall provide a minimum of two (2) off-street parking spaces per unit. Such spaces shall be a minimum of nine (9) feet wide and sixteen (16) feet long and may be located end-to-end or side-by-side on a driveway or in an enclosed garage. No portion of the required off-street parking spaces may be located in the right-of-way of a public street or a public alley.

All multifamily uses (including apartments, duplexes, and manufactured home parks), constructed after January 1, 2008, shall provide a minimum of two (2) off-street parking spaces per unit. Such spaces shall be a minimum of nine (9) feet wide and eighteen (18) feet long and shall open directly onto an aisle of driveway that is not a public street or a public alley.

All off-street residential parking spaces and driveways for new residential uses constructed after January 1, 2008, shall be surfaced with concrete, asphalt, brick, pavestone, or other accepted pavement approved by the City Engineer.

For single-family residential driveways constructed after January 1, 2008, there shall be a minimum separation of four (4) feet between driveways located on adjacent residential lots, and in no case shall said driveways abut one another. The combined width of driveway cuts or entrances along any street or alley for any single-family residential lot shall not exceed fifty percent (50%) of the frontage or width of the lot.

There shall be no more than one (1) driveway cut or entrance within the front yard of a single-family residential lot, except for approved circular driveways complying with all the provisions of this section, two (2) driveway cuts or entrances are allowed. Circular driveways constructed prior to January 1, 2008, may be constructed of rock, gravel, or crushed stone. No more than forty percent (40%) of the required front yard of a single-family residential lot shall be paved. For a single-family residential lot that is a corner lot, one (1) additional driveway cut or entrance is allowed along the street adjacent to the side or rear yard of the lot.

14.02.

OFF-STREET PARKING - NONRESIDENTIAL USES

Unless otherwise noted, the provisions of this Section apply to all new development or construction occurring after January 1, 2008, including the construction of new buildings, building additions or expansions, changes in the use of structures, and the remodeling or structural alteration of an existing building.

Off-street parking spaces shall be provided in accordance with the following minimum requirements:

Commercial Uses (Other than Restaurant): 1 space per 300 SF

Restaurant (Drive-In, Fast Food, General): 1 space per 100 SF

Lodging uses (Hotel, Motel, Bed and Breakfast, Boarding House): 1 space per guest room, plus specified requirement for restaurant

Church, Theater, Recreation Center, Community Center[:] 1 space per 5 persons accommodated in largest assembly area

Medical or Psychiatric Hospital, Nursing, or Congregate Facility: 0.5 spaces per bed

College, University, Public or Private School[:] 1 space per classroom, plus 1 space per 4 persons accommodated in largest assembly area

Industrial[:] None

Other Uses[:] As approved by City Engineer

The provisions of this Section shall not apply to uses or buildings fronting on that portion of Halsell Street between 16th Street and SH 114; that portion of Cates Street between 16th Street and SH 114; that portion of Stevens Street between 16th Street and 9th Street; those portions of streets intersecting the aforementioned streets between Cates Street and Stevens Street; nor to industrial zoned land uses or structures; provided however, if off-street parking spaces are constructed for uses or buildings fronting on the aforementioned portions of Halsell Street, Cates Street or Stevens Street, they must be paved with concrete, asphalt, brick, pavestone, or other accepted pavement approved by the City Engineer.

For mixed uses, the total parking requirements shall be the sum of the specific parking space requirements for each use included in the building or development.

The number of parking spaces may be reduced when the land use or floor area of a building is changed or reduced to a use or floor area requiring fewer parking spaces. The number of parking spaces shall be increased when the land use or floor area of a building is changed or increased to a use or floor area requiring additional parking spaces.

When calculations determining the number of required parking spaces result in fractions, fractions less the [than] 0.5 shall be disregarded and fractions equal to or greater than 0.5 shall be rounded upward to the next highest whole number.

Parking ratios based upon the number of persons accommodated or seats shall be calculated in accordance with the provisions of most recent edition of the International Building Code adopted by the City.

For uses where the off-street parking requirement is to be approved by the City Engineer, the City may require the submission of a parking study, which shall at a minimum include estimates of parking requirements based on recommendations from the Urban Land Institute, the Institute of Traffic Engineers, or the Traffic Institute and on data collected from uses or combinations of uses that are the same or comparable to the proposed use. The City Engineer will review this study in determining and approving the off-street parking requirement.

Required off-street parking spaces shall be located on either the same lot as the principal use or on a lot that is immediately adjacent and contiguous to the lot containing the principal use. If the adjacent and contiguous lot is under different ownership than the lot containing the principal use, appropriate legal documentation shall be provided to ensure the required number of spaces shall remain available throughout the existence of the principal use.

Parking spaces for persons with disabilities shall be provided in accordance with the Texas Accessibility Standards (TAS) adopted by the Texas Department of Licensing and Regulation pursuant to the Architectural Barriers Act (Article 9102, Texas Civil Statutes). Such parking spaces shall be counted toward fulfilling the total off-street parking requirement.

The minimum required dimensions for off-street parking spaces shall be 9.0 feet for the stall width and 18.0 feet for the stall depth.

Each off-street parking space shall open directly onto an aisle or driveway that is not a public street or a public alley, provided that the provisions shall not apply to parking spaces provided by the City for City parks.

No off-street parking spaces shall be located within the right-of-way of a public street, public alley, or required joint or cross access easement.

Curbs or curb stops shall be provided to prevent any vehicle using a parking area from encroaching on any public right-of-way, landscaped area, or adjacent property.

15.

All off-street parking spaces, aisles, and driveways constructed after the effective date of this Ordinance shall be paved with concrete, asphalt, brick, pavestone, or other accepted pavement approved by the City Engineer.

16.

In addition to meeting the applicable off-street parking requirements, drive-through facilities shall provide a minimum of three queue spaces, each with a minimum width of ten feet and a minimum length of twenty feet.

14.03.

SPECIAL EXCEPTIONS

Special exceptions to the terms and provisions of this Section may be granted by the Zoning Board of Adjustment.

(Ordinance adopted 10/21/65; Ordinance 07-61 adopted 12/18/07)

§ 15 ZONING BOARD OF ADJUSTMENT.

The Zoning Board of Adjustment is hereby established, which shall consist of five regular members and two alternate members, each to be appointed for a term of two years by the City Council. Alternate members shall serve in the absence of regular member(s). Members of the Zoning Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by appointment of the City Council for the unexpired term of the member affected. All cases to be heard by the Zoning Board of Adjustment must be heard by a minimum number of four members.

The terms of three of the members shall expire on the first Monday in May of each odd-numbered year, and the terms of two of the members shall expire on the first Monday in May of each even-numbered year. The regular members of the Board shall be identified by place numbers one through five, with the two alternate members identified by place numbers six and seven. The odd-numbered places shall expire in the odd- numbered years; the even-numbered places shall expire in the even-numbered years.

The Board may adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with this ordinance.

The Board of Adjustment shall meet regularly monthly, at a date and time established by the Board, as needed to address public business. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions and every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the City Secretary and shall be a public record.

The Secretary of the Board of Adjustment shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the City Building Inspector of each decision, interpretation, special exception and variance granted under the provision[s] of this ordinance.

The Chairman, or in his absence, the acting Chairman, may administered [administer] oaths or compel the attendance of witnesses.

POWERS: The Zoning Board of Adjustment may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance and may also decide any question involving the interpretation of any of the provisions of this ordinance including determination of the location of any district boundary, if there is uncertainty in respect thereto.

The Zoning Board of Adjustment may in appropriate cases and subject to appropriate conditions and safeguard[s], make special exceptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained.

The Zoning Board of Adjustment may authorize, upon appeal, in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to such condition, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

PROCEDURE COVERING SPECIAL EXCEPTIONS, APPEALS AND GRANTING OF VARIANCES

APPEALS AND VARIANCES: Appeals and requests for variances to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Bridgeport affected by any decision of the administrative officer. Such appeal or request for variance shall be taken within fifteen (15) days’ time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the City Secretary a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith deliver to the City Secretary all the papers constituting the record upon which the action appealed from was taken.

Such notice of appeal properly filed as herein provided, shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken, certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by Court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

Upon notice of appeal being given to the City Secretary, before such appeal shall be construed as having been perfected the applicant must file with such notice of appeal to the City Secretary, and amount of money estimated by the City Secretary to be sufficient to mail and publish all notices required herein, such amount in no case to be less than $15.00.

SPECIAL EXCEPTIONS: Applications for special exceptions to the terms of this ordinance shall be made in writing on forms provided by the City Secretary by the prospective occupant and/or owner of the property. One such application shall be accompanied by an amount of money estimated by the City Secretary to be sufficient to mail and publish all notices required herein, such amount in no case to be less than $15.00.

A copy of such application shall be forthwith forwarded by the City Secretary to the office of the City Building Inspector.

NOTICE: The Zoning Board of Adjustment shall hold a public hearing on all special exceptions, granting of variances and appeals and written notice of all such public hearings shall be sent by the City Secretary on forms prepared by the City Attorney’s Office to the applicant and all other persons deemed by the Board to be affected thereby, and all owners of real property lying within two hundred (200') feet of the property on which the special exception, grant of variance or appeal is proposed, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appeals [appears] on the last approved City tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the City Post Office. Notice shall also be given by publishing the same in a newspaper of general circulation in the City of Bridgeport at least fifteen (15) days prior to the date set for hearing which notice shall state the time and place of such hearing, provided, however, all provisions contained herein with respect to the mailing and publishing of notices of hearing shall be deemed sufficient upon substantial compliance with this section, and is to be construed as directory and not mandatory.

THE HEARING: Upon the hearing any interested party may appear in person or by agent or by attorney.

The burden of proof shall be on the applicant to establish the facts necessary which the Zoning Board of Adjustment must find before granting any special exception, variance or appeal as herein contained.

In exercising the powers herein granted, the Board may in conformity with the provisions of this ordinance reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such other requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation of this ordinance or grant any special exception hereto. No appeal, request or application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any appeal, request or application to such body unless other property abutting or adjoining such property shall have within such six (6) months period been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal, request or application but shall in no way have any force in law to compel the Board of Adjustment, after a hearing, to grant such subsequent appeal, request or application but such hearing shall be considered on its merits as in all other cases.

Any special exceptions, variances or appeals authorized or granted by the Board of Adjustment either under the provisions of this ordinance or under the authority granted to the Board of Adjustment under the statutes of the State of Texas shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless said Board of Adjustment in its minutes shall, at the same time, grant a longer period.

EXCEPTIONS AND VARIANCES DISTINGUISHED

A special exception is a permission given by the Board properly authorized by this ordinance in specific cases for an applicant to use his property in a manner contrary to the provisions of this ordinance, provided such use serves the general welfare and preserves the community interest.

A variance on the other hand, is an authorization by the Board providing relief and doing substantial justice in the use of the applicant’s property by a property owner where, due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship.

SPECIAL EXCEPTIONS: A special exception may be granted an applicant when the Board of Adjustment finds:

That the granting of such exception will not be injurious or otherwise detrimental to the public health, safety, morals and the general welfare of the general public, and;

That the granting of such exception will not be detrimental or injurious to the property or improvements in such zone or neighborhood in which the property is located, and;

That the granting of such exception will be in harmony with the general purpose and intent of this ordinance.

In determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land and traffic conditions in the vicinity.

The Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this ordinance as follows:

Permit the reconstruction of a building occupied as a nonconforming use.

Permit the extension of a nonconforming use of a building upon a lot occupied as a nonconforming use.

Grant in relatively undeveloped sections of the City temporary and conditional permits for not more than two (2) year periods for any use of land, excluding structures.

Permit the use of a lot or lots in any dwelling district adjacent to any other district, even if separated therefrom by an alley or by a street, for the parking [of] passenger cars under such safeguards and conditions of the more restricted property, provided no other business use is made of such lot or lots.

Permit in any district such modification of the requirements of this ordinance as the Board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to these regulations.

Permit such modification of a yard, lot area or lot width regulation requirements as may be necessary to secure appropriate improvement of a parcel of land where such parcel was separately owned on the effective date of this ordinance, and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such modification or of such restricted area that it cannot be appropriately improved without such modification.

Grant conditional use permits in any zone where such uses are allowed conditionally by the provisions of this ordinance.

In granting any special exception under the provisions of this ordinance the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance.

VARIANCES: A variance may be granted to an applicant when the Board of Adjustment finds:

That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not generally apply to lands or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building.

That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located, and;

That the granting of the variance is necessary for the reasonable use of the land or building and that the variance is [as] granted by the Board is the minimum variance that will accomplish this purpose.

That the literal enforcement and strict application of the provisions of this ordinance will result in an unnecessary hardship inconsistent with the general provisions and intent of this ordinance and that in granting such variance the spirit of the ordinance will be preserved and substantial justice done.

In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its findings shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

The Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, vary or adapt the strict application of any of the terms of this ordinance under the powers and authority herein granted.

In granting any variance under the provisions of this ordinance, the Board may designate such conditions in connection therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance.

APPEAL FROM ZONING BOARD OF ADJUSTMENT

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter. Judicial review of the Board’s decision shall be conducted in accordance with Section 211.011, Texas Local Government Code.

(Ordinance adopted 10/21/65; Ordinance 2012-07 adopted 6/19/12; Ordinance 2016-20 adopted 6/13/16)

§ 16 [RESERVED]

§ 17 ENFORCEMENT AND ADMINISTRATION.

ADMINISTRATIVE OFFICIALS: Except as otherwise provided in this ordinance the Building Inspector for the City of Bridgeport shall administer and enforce this ordinance, including the receiving of applications, the inspection of premises and the issuing of building permits and certificates of occupancy and compliance. No building permit or certificate of occupancy shall be issued by him except where the provisions of this ordinance have been complied with.

BUILDING PERMIT REQUIRED: No person shall erect or construct or proceed with the erection or construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zone district of the City of Bridgeport without first applying for and obtaining a building permit therefor from the Building Inspector. All applications for such permits shall be in accordance with the requirements of this ordinance and building code of the City of Bridgeport and unless upon written order of the Board of Adjustment, no such building permit or certificate of occupancy shall be issued for any building where said construction[,] addition, alteration or use thereof would be in violation of any of the provisions of this ordinance.

POWERS AND DUTIES OF BUILDING INSPECTOR: Whenever any building work is being done contrary to the provisions of this ordinance, the Building Inspector may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done and any such persons shall forthwith stop and cause to be stopped such work until authorized by the Building Inspector to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked and further, such stop work order and revocation or [of] permit shall be posted on the work being done in violation of this ordinance.

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this ordinance the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within ten (10) days after receipt of such notice or make the building or portion thereof comply with the requirements of this ordinance.

IN NEWLY ANNEXED TERRITORY: No person shall erect, excavate, construct, or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, insulate or extend or demolish any building or structure or cause the same to be done in any newly annexed territory to the City of Bridgeport without first applying for and obtaining a building permit therefor from the Building Inspector or the City Council as may be required herewith.

PERMITS ISSUED BY BUILDING INSPECTOR: In a territory newly annexed to the City of Bridgeport, no permit for the construction of a building shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted in the “R-1” District unless and until such territory has been classified in a zoning district other than “R-1” District by the City Council in the manner prescribed in this ordinance.

PERMITS ISSUED BY CITY COUNCIL: An application for a permit for any other use than that specified in the previous paragraph shall be made to the Building Inspector of the City of Bridgeport and by him referred to the City Planning and Zoning Commission for consideration and recommendation to the City Council. Whenever such recommendation is filed with the City Council by the City Planning and Zoning Commission, such recommendation shall be advisory in its nature and the Council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify.

PERMITS REQUIRED FOR BUILDINGS UNDER CONSTRUCTION: The owner, lessee, or any other person, firm or corporation owning, controlling, constructing, supervising or directing the construction of any building or structure in process of construction and which is incomplete at the time the land upon which it is situated is annexed to the City of Bridgeport before proceeding any further with the construction, alteration or completion thereof shall apply to the Building Inspector of the City of Bridgeport authorizing further work on said building or structure and shall attach to said application for such permit, plans and specifications relating to the construction of said building or structure, which said application for building permit shall be promptly referred to the City Planning and Zoning Commission for consideration and said commission shall promptly thereafter file with the City Council its recommendation as to granting, modifying or rejecting said permit, the said recommendation to be advisory in its nature and the City Council shall be at liberty to affirm it or allow such construction as the facts in their opinion may justify. Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building.

CERTIFICATE OF OCCUPANCY AND COMPLIANCE

CITY SECRETARY: No land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by City Secretary of the City of Bridgeport stating that the building or proposed use thereof complies with the provisions of this ordinance.

No nonconforming use shall be maintained, renewed, changed or extended without certificate of occupancy and compliance having first been issued by the City Secretary of the City of Bridgeport therefor.

Application for a certificate of occupancy and compliance shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five (5) days after the City Secretary has been notified in writing that the building or premises is ready for occupancy.

The City Secretary shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy and compliance.

No permanent water, sewer, electrical or gas utility connections shall be made to the land, building or structure until and after a certificate of occupancy and compliance has been issued by the City Secretary of the City of Bridgeport.

Upon request of the owner or authorized representative, the City Secretary may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building provided such temporary occupancy or use will not in any way or manner jeopardize life or property.

(Ordinance adopted 10/21/65)

§ 18 BOUNDARIES OF DISTRICTS.

The electronic version of the zoning district map shall be the official zoning district map of the city.

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this ordinance, the following rules shall apply:

The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such district unless said boundaries are otherwise indicated on the map.