Notwithstanding the provisions of section 122-116, no variance from the strict application of the terms of this article shall be granted

(Zoning Ord. § 2-36.1)

Subject to the provisions of this article, the common council may, by resolution, grant a special permit for the special uses set out in this article in any district, as herein qualified, which uses are otherwise prohibited by this chapter, and may impose appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood. In the event of approval by the common council of the special use, the site plan, landscape plans and building elevation drawings for the development as approved, and other commitments and contractual agreements, shall be recorded as a common council public document prior to the issuance of any building permit. All future use of the land and structures erected thereon pursuant to the special use permit shall be thereafter governed by and limited to the approved plans. Any subsequent change or addition to the plan or use shall be submitted for approval as herein provided. Without limitation or other valid reasons for denying a permit, the common council may deny a permit should it find that the proposed special use would result in a random pattern of development with little contiguity to existing or programmed development, causing anticipated negative fiscal and environmental impacts upon the community.

(Zoning Ord. § 2-31)

The city plan commission shall establish a list of information to be submitted by applicants for special use permits. The commission may also establish procedures, such as a preliminary special use permit process, in order to allow applicants to gain an understanding as to neighborhood and city reaction to their proposals prior to spending additional money on further drawings and specifications.

(Zoning Ord. § 2-31.1)

All applications for special use permits shall be referred by the common council to the plan commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and a public meeting shall be held in relation thereto before the plan commission. Notice of the time and place of said meeting at which such application will be considered shall be published in the official newspaper of the city and sent by first-class mail to owners of real property within 200 feet of proposed special use permit location not less than five days before said meeting.

(Zoning Ord. § 2-31.2; Ord. No. O94-2802, 8-2-1994)

(a)

Before any action is taken either by the city plan commission or the common council, the applicant, except the state or any of its political subdivisions and except the federal government, shall pay to the building official an initial filing fee except in the case of PDD planned development districts. The purpose of such fees is to help defray the cost of reviewing and hearing such applications. Any fee paid to the building official shall be refunded by the building official if the applicant for the permit withdraws their permit application prior to consideration of such application by the plan commission.

(b)

The annual fees provided for in this section shall be assessed on a basis commencing on January 1 of each year and ending on December 31 of each year. In the event an application is made during said year, the full fee will be chargeable for the balance of the year.

(Zoning Ord. § 2-32; Ord. No. O97-3061, 12-2-1997)

Any proposed special use shall otherwise comply with all regulations set forth in this chapter for the district in which such use is located; except that the common council may permit hospitals and institutions to exceed the height limitations of such district.

(Zoning Ord. § 2-33)

The following are the special uses for which the common council may issue a special permit, as provided in section 122-609.

(1)

Agricultural uses. Indoor or outdoor sales areas for such uses as field crops, truck gardening, berry or bush crops, flower gardening, nurseries, orchards, aviaries and apiaries, including a greenhouse. Such uses must be located in a commercial or manufacturing zone and be accessory to an existing primary business. The application must be made by the primary business owner or by the primary business owner in conjunction with an independent party wishing to provide the agricultural use service.

(2)

Medical and dental clinics and offices in residential areas.

(3)

Airport, landing field or landing strip for all forms of aircraft, auto race track, and drag strip.

(4)

Tourist roominghouses in R-1-B one-family and R-2 two-family districts, defines as places of lodging, other than hotels and motels, that provide four or fewer rooms for rent in which sleeping accommodations are offered for pay to tourists or transients. Tourist roominghouses shall be regulated by Wis. Admin. Code Ch. HSS 195 and do not include private boardinghouses or roominghouses not accommodating tourists or transients. All tourist roominghouses shall provide hard-surfaced, off-street parking spaces in an amount not less than one for every room available for rent, plus two additional parking spaces. Parking spaces shall be visibly screened from surrounding property by vegetation and/or fencing. Signs identifying the tourist roominghouse may be placed on the premises subject, however, to approval under this article of their size, location, design, structure, materials, specifications, and message. No person may rent at a tourist roominghouse for longer than ten consecutive days, nor more than 15 days during a calendar month. Nor tourist roominghouse shall be located within a distance of 500 feet from any other tourist roominghouse in an R-1-B or R-2 zoning district.

(5)

Amusement park, but not within 300 feet of any R district.

(6)

Cemetery, crematorium or mausoleum.

(7)

Circus or carnival grounds, but not within 300 feet of any R district.

(8)

Colleges and universities (also see subsection (24) of this section, schools).

(9)

Community building or recreation field, privately owned.

(10)

Community living arrangements, except as provided in Wis. Stats. § 62.23(7)(i). See section 122-615.

(11)

Farms devoted to the hatching, raising and marketing of poultry, rabbits and other small animals, fish and other creatures with a minimum lot area of not less than five acres required; provided that no killing or dressing of poultry, rabbits or other small animals, fish or creatures shall be permitted, other than the animals, fish or creatures raised on the premises and that such killing or dressing is done in an accessory building.

(12)

Farms devoted to breeding and raising horses, cattle, sheep, dogs or goats. Also, dairies for cattle or goats. Such farms and dairies must have a minimum lot area of not less than 20 acres, provided all buildings and enclosures (including fences) utilized for the feeding, breeding or milking (but not including pasturing and grazing) of such animals be located not less than 200 feet from any lot.

(13)

Garbage, offal or dead animal reduction or dumping.

(14)

Hospital or institution, provided that any hospital or institution permitted in any R district shall be located on a site of not less than fives acres, shall not occupy more than ten percent of the total lot area, and shall be set back from all yard lines at least two feet for each foot of building height.

(15)

Marina.

(16)

Motels. Existing motels in residential areas provided the following criteria are met:

a.

Parking requirements according to this chapter.

b.

Landscape and buffering requirements according to this chapter.

(17)

Office buildings as a transitional land use between more intensive land uses such as institutional uses, commercial uses or industrial uses at the edge of residential districts (suburban or residential R-1-A through R-4) with the following conditions to ensure that these residentially-zoned areas are not adversely affected:

a.

The office building shall be designed and constructed so to protect residential areas from the negative affect of adjoining intensive land uses;

c.

The height of the office building shall not exceed one story and the office building shall have a residential look;

d.

Landscaping and signs shall be appropriate to the transitional nature of the adjoining residential and use; and

e.

The activities of the business shall be conducted primarily by mail and not generally have customers coming to the office building for merchandise or services.

(18)

Photography studios in R-3 apartment residential districts to preserve an existing building with all of the following conditions, so as to ensure that the commercial use does not adversely affect the residential character of the R-3 apartment residential districts:

a.

The existing building has been built for commercial use;

b.

Parking space requirements are those required of retail land use and that there is compliance with section 122-702 as to parking lots and driving lanes adjacent to residential areas;

c.

No outside storage or display of merchandise is permitted; and

d.

Outside advertising is limited to one four-square-foot sign which is flush with the building.

(19)

Any public or government-owned or leased building not permitted in a particular district; provided that such permit shall run for a full period of the lease and that both lease and permit shall run for not less than ten years from date of permit.

(20)

Retail antique and art galleries in historic buildings in R-3 apartment residential districts. The purpose of the special use permit is to allow retail antique and art galleries in historic buildings in R-3 apartment residential districts to preserve the historic buildings and to ensure that the commercial use does not adversely affect the residential character of the R-3 apartment residential districts with the following conditions:

a.

The building is determined by the historical society of the state to be eligible for listing on the National Register of Historic Places.

b.

A covenant and restriction in the form prescribed by the historical society of the state, stipulating approval of alterations to the historic structure which is recorded with the register of deeds.

c.

The building has been certified by the state historical society to be a significant historical structure which may lose its historical significance should the building be renovated to a use allowed in an R-3 apartment residential district.

d.

The building is located on an arterial or minor arterial street as designated in the city's comprehensive plan.

e.

The renovation plans for the building have been approved by the state historical society.

f.

No additional structures or buildings except the historic building are proposed for the development.

g.

The site plan including off-street parking and screening have been approved by the community development director/designee and the state historical society, and the side plan is in keeping with the residential character of the area and the historical nature of the building, respectively.

h.

No outside storage or display of merchandise or services is permitted.

i.

No outside or window advertising is permitted. One ten-square-foot sign is allowed, which has been approved by the state historical society and is in keeping with the historic nature of the building and the residential zoning district.

(21)

Riding stable.

(22)

Roadside stand offering, for sale only, farm products produced on the premises, provided that such stand does not exceed an area of 200 square feet and that it is located not nearer than 25 feet to any street or highway.

(23)

Mobile kiosk buildings located on property owned by a larger business with permission through a lease agreement by the property owner.

(24)

Schools, public, elementary and high, parochial or private, having a curriculum similar to that ordinarily given in public schools; provided that any such building shall be located not less than 40 feet from any side or rear lot line; and provided further, that there shall be no rooms regularly used for housing or sleeping purposes, except staff quarters, when located on the premises for the school.

(25)

Schools, vocational training or industrial training.

(26)

Stockyards or slaughter of animals and poultry.

(27)

Temporary or seasonal commercial, recreational or amusement development.

(28)

Theater (drive-in) in the S suburban district.

(29)

Title and payday loan businesses limited to C-2 highway commercial zoning districts and cannot be located within 2,500 feet of any other title/payday loan business. The following requirements must be met:

a.

Per capita, one business per 5,000 residents in the city as reported by the most recent decennial census.

b.

Business cannot be located within 300 feet of any residential district.

c.

Hours of operation are limited to 8:00 a.m.—10:00 p.m.

(30)

Tourist or trailer camp, provided that such tourist or trailer camp shall comply with the applicable provisions of this chapter and the laws of the state.

(31)

Essential municipal use, facility, or building, other than a business office or a production facility, provided that such use, facility or building shall be located in an R or S district only if its specific function requires that it be so located in order to serve the immediate neighborhood, as opposed to serving a major portion of the community.

(32)

Private utility use, facility, or building, other than a business office, provided such use, facility or building meets the following criteria:

a.

Must be located in an S suburban district only.

b.

Must be screened to protect adjacent properties in accordance with section 122-724.

(33)

Residential uses in a W-1 waterfront district.

(34)

Recreational vehicle parks and campgrounds in a W-1 waterfront district subject to license acquisition from the state.

(35)

Bed and breakfast establishments, defined as places of lodging that provide five or fewer rooms for rent, are the owner's personal residence and are occupied by the owner at the time of rental, and in which the meals served are limited to lodging guests only. All bed and breakfast establishments shall provide hard surface, paved, off-street parking spaces in an amount not less than one for every room available for rent, plus two additional parking spaces. Parking spaces shall be visibly screened from surrounding property by vegetation and/or fencing. Signs identifying the bed and breakfast establishment may be placed on premises subject, however, to approval under this article of their size, location, design, structure, materials, specifications, and message. No person may rent at a bed and breakfast establishment for longer than ten consecutive days, nor more than 15 days during a calendar month.

(36)

Transitional housing in a residential district. The following conditions apply:

a.

Can be located within any residential (R1A, R1B, R2, R3 and R4) zoning district in the City of Superior.

b.

Provide adequate off-street hard-surface parking that is screened on the side abutting residential property.

c.

Install landscaping/fencing that provides separation between the facility and the neighboring property.

d.

Provide a security plan that outlines the process for a secure facility.

e.

Signage required as determined by the planning director.

(37)

Storage facilities as a transitional land use between a M2, heavy manufacturing district at the edge of a residential district (suburban or residential R1A through R4) with the following conditions to ensure residentially zoned areas are not adversely affected:

a.

Landscape and buffering requirements of the zoning chapter must be adhered to.

b.

Parking area and driving lanes to be constructed of concrete or asphalt.

c.

Maximum height shall not exceed one story and building shall to be designed and constructed to reflect residential structures.

d.

Maximum of one 32-square-foot sign may be attached to the building; no pole signs will be allowed.

e.

No outdoor storage will be permitted.

(38)

Coworking office space located in R-3 apartment residential districts. The purpose of the special use permit is to allow office space and ancillary services to entrepreneurs of all types in historic buildings in R-3 apartment residential districts to preserve the historic buildings and to ensure that the commercial use does not adversely affect the residential character of the R-3 apartment residential districts with the following conditions:

a.

Building must be of historic value to the community and eligible for listing on the National Register of Historic Places.

b.

The building is located on an arterial or minor arterial street as designated in the city's comprehensive plan.

c.

No additional structures or buildings except the historic building are proposed for the development.

d.

The site plan, including a minimum of 12 off-street parking spaces and screening have been approved by the planning director, and the site plan is in keeping with the residential character of the area and the historical nature of the building, respectively.

e.

Allowable uses of the space include: Office space, personal services (also including, but not limited to, personal fitness, dance, music studio or classroom, hair salons, and/or optometrists), retail sales which are limited to small wares directly related to personal services, café (does not require a commercial kitchen), public or private museum, college or university and event space.

f.

No outside storage or display of merchandise or services is permitted.

g.

No outside or window advertising is permitted. One multi-tenant 32 square foot sign is allowed, which complements the historic nature of the building and the residential zoning district.

(39)

Assembly based light manufacturing in a C2—Highway Commercial District with the following conditions:

a.

Must be located in an existing building that is over 80,000 square feet in floor area.

b.

Allowable light manufacturing uses restricted to primarily assembly based operations.

c.

No outside storage of materials or equipment allowed.

d.

Outside appearance of building must maintain the integrity of the surrounding commercial properties.

e.

Loading docks must not be visible from main thoroughfares.

f.

Signage only allowed on the building and must meet the regulations of chapter 6 of this Code, advertising and signs.

(40)

Solar farms allowed in all zoning districts with no restrictions on time limits provided the following criteria are met:

a.

Facilities must be larger than one acre.

b.

Solar structures must be ground mounted.

c.

A site plan shall be provided showing all improvements, including structures, fencing, power lines (above and below ground), lighting, and landscaping, at a detail sufficient to understand the location, height, appearance, and area.

d.

Solar panels, structures, and electrical equipment, excluding fences and power lines for interconnection, shall be erected no less than 20 feet from any lot line and no less than 100 feet from any residence, other than a residence on the same ownership parcel.

e.

No structures, excluding power lines for interconnection, may exceed 20 feet in height. Power lines shall be placed underground to the maximum extent possible.

f.

Solar panels shall have a surface that minimizes glare.

g.

All site development shall comply with stormwater management ordinances.

h.

In order prevent erosion, manage run-off, and provide ecological benefit, the facility shall be planted with "low-profile" native plant species, using a mix appropriate for the region and soil conditions.

i.

Prior to construction, the operator shall prepare a landscape monitoring and maintenance plan to ensure the establishment and continued maintenance of the native plant species, all installed landscape screening, and all existing vegetation that provides required landscape screening.

j.

Fencing surrounding the facility shall be provided for screening and safety.

k.

A sign shall be posted providing the name of the operator and a phone number to be used in case of an on-site emergency.

l.

Damaged solar panels shall be removed, repaired, or replaced within 60 days of the damage. The ground shall remain free of debris from damaged solar panels at all times.

m.

Decommissioning and removal of the solar farm shall be the responsibility of the operator upon abandonment or revocation of the special use permit.

(41)

Residential in M1.

a.

Follows requirements and uses allowable in R-4.

(42)

Tobacco, e-cigarette, vape businesses. As defined as an establishment in which ten percent or more of the gross public floor area is devoted to, or ten percent or more of the stock in trade of the following: cigarettes, tobacco products, e-cigarette products such as propylene glycol, glycerin, nicotine, flavorings, personal vaporizers, electronic nicotine delivery systems, or any device used to ingest tobacco. The following requirements must be met:

a.

Per capita, one business per 25,000 residents in the city as reported by the most recent decennial census.

b.

Business can be located within C1, C2 or C4 zoning district.

c.

Business cannot be located within 300 feet of any R1A, R1B, R2, R3, R4 and SUB residential districts.

d.

Business cannot be located within 1,000 feet of an elementary or secondary school, library, childcare center, park, or playground.

e.

Business must be licensed under section 62-5 of the City of Superior Code of Ordinances.

f.

Sign limitations. Notwithstanding any other provision of this Code, a tobacco, e-cigarette, and/or vape oriented business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:

1.

Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

2.

No sign shall be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only.

3.

No sign shall contain any flashing lights, moving elements, or mechanically changing messages.

4.

Sign limitation effective January 1, 2025.

(Zoning Ord. § 2-34; Ord. No. O88-2445, 8-3-1988; Ord. No. O90-2553, 9-4-1990; Ord. No. O93-2739, 10-5-1993; Ord. No. O94-2842, 12-6-1994; Ord. No. O98-3114, 8-4-1998; Ord. No. O98-3126, 9-1-1998; Ord. No. O99-3151, 2-2-1999; Ord. No. O99-3179, 8-3-1999; Ord. No. 02-3382, 9-3-2002; Ord. No. O04-3474, 5-4-2004; O04-3489, 7-6-2004; Ord. No. O06-3569, § 1, 3-7-2006; Ord. No. O06-3606, § 1, 11-8-2006: Ord. No. O07-3619, § 1, 4-4-2007; Ord. No. O11-3777, § 1, 8-2-2011; Ord. No. O15-3949, § 1, 12-1-2015; Ord. No. O18-4092, § 1, 10-2-2018; Ord. No. O20-4229, § 1, 12-1-2020; Ord. No. O23-4306, § 1, 4-5-2023; Ord. No. O24-4350, § 1, 7-2-2024)

(a)

Special zoning permission.

(1)

Where provided by Wis. Stats. § 62.23(7)(i), the owners or agents of a community living arrangement as defined by Wis. Stats. § 62.23(7)(i) may apply for, and the common council of the city may, in its discretion, grant special zoning permission for the locating and use of a community living arrangement in any residentially-zoned area where such locating or use would otherwise be illegal. Such special zoning permission may, in the discretion of the common council, include the following uses, limitations, restrictions, and regulations:

a.

Restrictions on the type of community living arrangement and the extent and type of services provided;

b.

Requirements for recreational space, common areas, yard areas, parking areas, and delivery areas;

c.

Continued licensing of the community living arrangement;

d.

Proof of financial ability to operate a community living arrangement and experience in such operation;

e.

Limitations on the number of residents, patients, clients, or other people using the premises;

f.

Hours of supervision and number and qualification of supervisors and/or staffing;

g.

Hours of nonresidential activities;

h.

Limitation on the duration of the community living arrangement;

i.

Such other limitations, regulations, restrictions, or exclusions as may protect the health, safety and welfare of the residents of the city, the residents of the community living arrangement, and the neighborhood;

j.

Exemptions or additional regulation of height, setback, side yard, rear yard, frontage, depth, and square footage requirements;

k.

Meeting and office space for in-patient and out-patient counseling and for facility staff;

l.

Support facilities for the operation of the community living arrangement;

m.

Periodic, but no more frequent than annual, review of and determinations concerning the community living arrangement under the procedure set forth in Wis. Stats. § 62.23(7)(i)(9) and Wis. Stats. § 62.23(7)(i)(10).

(2)

Except as provided by the special zoning permission, any location for which special zoning permission has been granted shall remain subject to all regulations for the zoning district in which it lies. Special zoning permission shall not be considered to be a rezoning and shall terminate upon the termination of the permitted community living arrangement for any reason.

(b)

Notice and review. Prior to granting any special zoning permission, notice of the application shall be mailed by regular mail to the owners of land within 200 feet of the lot or parcel of land for which special zoning permission is sought. The notice shall contain the name of the applicant, the proposed location, the number of residents proposed for the community living arrangement, the purpose of the community living arrangement, the type of treatment, care, counseling, and services to be provided at the community living arrangement, and the type of nonresidential activities planned for the community living arrangement.

(Ord. No. O90-2527, §§ 1, 3, 3-20-1990)

Temporary buildings used in conjunction with construction work may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Zoning Ord. § 2-35)