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Bridgeport City Zoning Code

§ 11G

TEMPORARY AND SEASONAL USES.

1. 
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[.]
2. 
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:
(a) 
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:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
Written permission from the property owner must be submitted if the owner is different than the temporary office operator.
(b) 
Model homes may be permitted in residential zoning districts, when approved by the Building Inspector, provided they comply with the following requirements:
(1) 
Up to four (4) houses may be used as model homes by each individual builder in a subdivision.
(2) 
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.
(3) 
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.
(4) 
All off-street parking shall be on a surface that is approved by the City Engineer.
(5) 
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.
(c) 
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.
(d) 
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.
(e) 
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:
(1) 
No permit for a carnival or circus shall be issued for a period greater than fourteen (14) consecutive days.
(2) 
Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Inspector.
(3) 
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.
(4) 
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.
(5) 
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.
3. 
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:
(a) 
The following seasonal sales are permitted:
(1) 
Produce;
(2) 
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.);
(3) 
Firewood (see additional requirements in subsection 2(d) of this Section);
(4) 
Snow Cones, and other seasonal refreshment stands as determined by the Building Inspector (see additional requirements in subsection 2(c) of this Section);
(5) 
Other items typically sold as seasonal sales items.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
Prior to a permit being issued for a seasonal or temporary sales location, the following requirements must be met:
(1) 
Written permission from the property owner must be submitted if the owner is different than the sales operator.
(2) 
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.
(3) 
Access to restroom facilities must be provided.
(4) 
A sign permit must be issued in accordance with the City’s sign ordinance, if the sales operator intends to erect signage.
(5) 
The sales location must comply with building, plumbing, electrical, and health codes when applicable.
(f) 
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.
(g) 
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:
(1) 
A completed application on a form provided by the City;
(2) 
A scale drawing showing the location and size of any buildings or other improvements, all outside storage areas, parking, and proposed construction fencing;
(3) 
The applicant shall submit a fee in accordance with the fee schedule as established by the City.
(h) 
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.
4. 
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:
(a) 
No special event permit shall be issued for a period of time exceeding three (3) consecutive days;
(b) 
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;
(c) 
No retail sales are conducted except those incidental to the primary activity, such as refreshment and souvenir sales;
(d) 
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;
(e) 
A completed application on a form provided by the City must be submitted;
(f) 
The applicant shall submit a fee in accordance with the fee schedule as established by the City;
(g) 
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)