Bridgeport City Zoning Code
§ 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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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:
1.
A single manufactured home; and
2.
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:
a.
Such establishment must be located in a Commercial “C” or an Industrial “I” zoned district;
b.
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;
c.
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.
d.
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;
e.
Such establishment must meet all fire protection requirements of all applicable codes, including fire suppression/sprinkler system requirements;
f.
No pole signs shall be permitted;
g.
No illuminated, moving, flashing or neon signs shall be permitted in any windows or otherwise visible from the right-of-way;
h.
No signs advertising or depicting alcohol or tobacco shall be visible from the right-of- way;
i.
All required state licenses or permits must be valid and in effect;
j.
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.
k.
Such establishment must be at least two thousand (2,000) square feet in size and must meet all applicable codes;
l.
A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and
m.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
3.
Tattoo studio and/or body piercing studio; provided, however that such establishment meets the following conditions:
a.
Such establishment must be located in an Industrial “I” zoned district;
b.
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;
c.
No illuminated, moving, flashing or neon signs shall be permitted in any windows or otherwise visible from the right-of-way;
d.
All required state licenses or permits must be valid and in effect;
e.
A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and
f.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
4.
A freestanding vending machine; provided, however, that such vending machine meets the following conditions:
a.
Such vending machine must be located in a Commercial “C” or Industrial “I” zoned district; and
b.
Such vending machine must meet all the zoning requirements for the zoning district in which it is located; and
c.
A commercial site plan must be submitted; and
d.
Such vending machine shall not be installed in such a manner as to impede circulation of traffic or fire lane access; and
e.
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
f.
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
g.
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
h.
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
i.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
5.
Wind turbine generators; provided, however, that such turbine meets the following conditions:
a.
Such turbine must be located in an Industrial “I” zoned district, or on property owned by the Bridgeport Independent School District;
b.
Such turbine must be located on a tract with a minimum size of five (5) acres;
c.
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;
d.
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;
e.
The maximum height shall be no greater than fifty (50) feet, measured from the existing ground level to the highest point of the blades;
f.
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;
g.
The wind turbine generator and tower shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration;
h.
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;
i.
No signage or advertisement shall be allowed on the wind turbine generator or tower;
j.
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;
k.
A specific use permit will terminate upon change or [of] ownership of the holder of the specific use permit, and is not transferable; and
l.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
6.
Telecommunication antennas or towers; subject to the following conditions:
a.
Such telecommunication antenna or tower must be located in a Commercial “C” or Industrial “I” zoned district; and
b.
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
c.
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
d.
No permanent lighting is allowed on antennas or towers except as required by the FCC or the FAA; and
e.
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
f.
All utility connections must be installed and maintained in accordance with all applicable laws and codes of the City; and
g.
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
h.
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
i.
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
j.
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
k.
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.
l.
No signage or advertisement shall be allowed on the antenna or tower facilities; and
m.
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
n.
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
o.
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
p.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
7.
Automotive wrecking and salvage yards and automotive impoundment yards; provided, however, that such yard meets the following conditions:
a.
Such yard must be located in an Industrial “I” zoned district; and
b.
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;
c.
Materials may not accumulate or be stacked more than 8 feet above ground level; and
d.
Such yard may not be located within 50 feet of the right-of-way of a public street, state highway or residence; and
e.
An impoundment yard must be a minimum of 500 feet from any adjacent residentially zoned property; and
f.
A wrecking and salvage yard must be a minimum of 1,000 feet from any adjacent residentially zoned property; and
g.
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
h.
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
i.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
8.
Outdoor storage and/or sales of used tires; provided however that the following conditions are met:[1]
a.
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;
b.
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.
c.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and
d.
The City Council may impose additional restrictions to protect adjacent properties from the impact of the specific use.
9.
Outdoor display and/or sales of portable storage buildings; provided however, that the following conditions are met:
a.
All outdoor storage and/or display of portable storage buildings shall be located on hard- surfaced areas, consisting of asphalt or concrete;
b.
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.[;]
c.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and
d.
The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.
10.
One-family attached (townhomes):
a.
No building hereafter erected or structurally altered shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet.
b.
There shall be a rear yard of not less than fifteen (15) feet.
c.
There shall be a side yard of not less than ten (10) feet.
d.
On corner lots, there shall be a side yard of not less than fifteen (15) feet.
e.
There shall be a front yard of not less than twenty-five (25) feet to the front line of the building.
f.
Minimum Lot Area per Dwelling Unit: Three thousand (3,000) square feet.
g.
Minimum Lot Width per Dwelling Unit: Twenty-five (25) feet.
h.
Minimum Lot Depth: One hundred (100) feet.
i.
Minimum Floor Area Per Dwelling Unit: One thousand square feet (1,000 SF) per dwelling unit.
j.
Off-Street Parking: Shall meet the off-street parking requirements of Section 14, (14.01, Number 3) of the Zoning Ordinance.
k.
The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.
11.
Smoke Shop; provided, however, that the following conditions are met:
a.
No Smoke Shop shall be located within 1,500 feet of an existing:
b.
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.
c.
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.
d.
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.
e.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and
f.
The City Council may impose additional restrictions to protect adjacent properties form the impact of the specific use.
12.
[Reserved]
13.
Pool and Billiard Hall; provided, however, that the following conditions are met:
a.
No Pool and Billiard Hall use shall be located within 300 feet of an existing:
b.
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).
c.
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.
d.
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.
e.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit, and is not transferable; and
f.
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)