The purpose of the regulations and requirements of this division are to:

(1)

Accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare;

(2)

Facilitate the provision of wireless communication services to the residents and businesses of the city;

(3)

Minimize adverse visual effects of wireless communication facilities through careful siting and design standards;

(4)

Avoid potential damage to adjacent properties from the construction and operation of wireless communication facilities through structural standards and setback requirements;

(5)

Maximize the use of existing and approved towers, buildings or structures to accommodate new wireless communication antennas to reduce the number of towers needed to serve the community.

(Zoning Ord. § 2-17.1; Ord. No. O97-3049, 11-4-1997)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omni-directional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc).

Collocation means the location of more than one antenna or set of antennas on the same tower structure.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from ground level to the highest point on a tower or structure, including any antenna.

High power transmission line means a 69 kv or greater electric transmission line with towers at least 75 feet in height.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including guy towers, monopole towers and self-supporting lattice towers.

Tower accessory structure means any structure located at the base of a tower for housing base receiving or transmitting equipment.

Wireless communications means any personal wireless services as defined in various Telecommunications Acts, including that of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, person communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed.

(Zoning Ord. § 2-17.2; Ord. No. O97-3049, 11-4-1997)

(a)

Preexisting towers and antennas. Any tower or antenna for which a permit has been issued prior November 14, 1997, shall not be required to meet the requirements of this section except those specified in subsections 122-810(1), (2) and (6). Any addition or change to a preexisting tower or antenna shall comply with all requirements of this section.

(b)

District height limitations. The requirements set forth in this section shall govern the design and siting of towers and antennas that exceed the height limitations specified for each zoning district.

(c)

Amateur radio; receive only antennas. This section shall not govern the installation of any tower or antenna that is owned and/or operated by a federally licensed amateur operator or is used exclusively for receive-only antennas.

(Zoning Ord. § 2-17.3; Ord. No. O97-3049, 11-4-1997)

The general requirements for towers and antennas are as follows:

(1)

All towers and antennas shall comply with all FCC and FAA rules and regulations.

(2)

Design and installation of all towers and antennas shall comply with the manufacturer's specifications. Plans shall be approved and certified by a registered professional engineer.

(3)

Installation of all towers and antennas shall comply with all applicable state and local building and electrical codes.

(4)

For leased sites, written authorization for siting the wireless communication facilities from the property owner must be provided.

(5)

All towers and antennas must be adequately insured for injury and property damage.

(6)

All unused towers and antennas must be removed within 12 months of cessation of operation or use, unless a written exemption is provided by the planning director. After the facilities are removed, the site shall be restored to its original or an improved condition. Failure to do so will result in the city completing the removal and site restoration with the cost assessed against the property as a special assessment for real estate tax purposes.

(7)

When applicable, proposals to erect new towers and antennas shall be accompanied by any required federal, state or local agency licenses or applications for such licenses.

(8)

Generally, only one tower is permitted on a parcel of land. Additional towers may be permitted with a special exception permit if the additional tower is located within 100 feet of the existing tower and all other requirements of this section are met.

(9)

The monopole design is the preferred tower structure. Use of guy or lattice towers must be justified on the basis of collocation opportunities or specific structural requirements. The community development division shall approve all plans for such towers.

(Zoning Ord. § 2-17.4; Ord. No. O97-3049, 11-4-1997)

Prohibitions are as follows:

(1)

No tower shall be more than 300 feet in height.

(2)

No tower or antenna may be installed on a parcel within or bordering a major subdivision consisting of five or more lots created for residential purposes.

(3)

No advertising message or sign shall be affixed to any tower or antenna.

(4)

Towers and antennas shall not be artificially illuminated unless required by FCC or FAA regulations.

(5)

No part of any tower or antenna shall extend across or over any right-of-way public street, highway, sidewalk or property line.

(6)

No temporary mobile communication sites are permitted except in the case of equipment failure, equipment testing, or in the case of an emergency situation authorized by the mayor. Use of temporary mobile communication sites for testing purposes shall be limited to 24 hours, and the use of temporary mobile communication sites for equipment failure, or in the case of emergency situations, shall be limited to 30 days, unless extended in writing by the planning director.

(Zoning Ord. § 2-17.25; Ord. No. O97-3049, 11-4-1997)

Wireless communication facilities are regulated according to the zoning district in which the property is located. They must meet all requirements of the city other than the standards provided in this section. Following are the use standards for the various districts:

(1)

Commercial and manufacturing districts.

a.

The following are permitted with a building permit from the planning director:

1.

Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure.

2.

A tower within the easement area of a high power transmission line or within 50 feet of the transmission line easement on the same side of the road up to a maximum height of 200 feet.

b.

The following are permitted with a building permit from the planning director:

1.

Antennas attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure.

2.

Any new tower to a maximum height of 300 feet.

(2)

Suburban districts.

a.

The following are permitted with a building permit from the planning director:

1.

Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure.

2.

A tower within the easement area of a high power transmission line or within 50 feet of the transmission line easement on the same side of the road up to a maximum height of 200 feet.

b.

The following are permitted with a building permit from the planning director:

1.

Antennas attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure.

2.

Any new tower to a maximum height of 300 feet.

(3)

Residential districts.

a.

The following are permitted with a building permit from the planning director:

1.

Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure.

2.

A tower within the easement of a high power transmission line or within 50 feet of a transmission line easement on the same side of the road up to a maximum height of 200 feet.

b.

No other towers or antennas are permitted in these districts.

(4)

Waterfront district.

a.

The following are permitted with a building permit from the planning director.

1.

Antennas attached to an existing structure and not extending more than 20 feet above the highest point of the structure.

b.

No towers or other antennas will be permitted in this district.

(5)

Shoreland and floodplain.

a.

The following are permitted with a building permit from the planning director.

1.

Antennas attached to an existing structure not to extend more than 20 feet above the highest point of the structure and not to exceed the maximum height restriction for attached antennas for the underlying zoning district.

b.

No other wireless communications facilities are allowed in areas designated as shoreland or floodplain.

(Zoning Ord. § 2-17.6; Ord. No. O97-3049, 11-4-1997; Ord. No. O18-4051, § 1, 1-16-2018)

(a)

General. At a minimum, all wireless communication facilities shall meet the dimensional standards of the zoning district in which they are located. Where the facilities are the principal use on separate parcel, the parcel shall meet the minimum lot size requirements of the respective zoning district.

(b)

Setbacks and separation.

(1)

Generally, tower structures shall be set back from the nearest offsite structure a distance equal to the height of the tower. This setback may be reduced to one-half the height of the tower if the applicant submits an engineering report from a registered professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the distance from the tower to the property line.

(2)

Towers shall not be located within 200 feet of any residence other than the residence on the parcel on which the tower is to be located.

(c)

Collocation/sharing of facilities.

(1)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicants' proposed antenna and related equipment.

d.

The applicant's proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing tower or structure would cause interference with the applicant's proposed system.

e.

The fees, cost, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing is unreasonable. Costs exceeding new tower development are considered unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

(2)

New towers shall be designed structurally and electrically to accommodate the applicant's antennas and comparable antennas for at least two additional users if the tower is 100 feet or more in height. Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights.

(d)

Screening and landscaping. The tower location shall provide for the maximum amount of screening from off-site views of the facilities. Facilities shall be landscaped with a buffer of plant materials that effectively screens the view of all structures, equipment and improvements at ground level from adjacent properties. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the city common council. Existing mature vegetation and natural plant forms on the site shall be preserved to the maximum extent possible.

(e)

Security fencing and lighting.

(1)

All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower from ground level to 12 feet above ground shall be designed to preclude unauthorized climbing and shall be enclosed with a minimum of a six-foot high chain link fence with a locked gate.

(2)

Security lighting for on-ground facilities and equipment is permitted, as long as it is down shielded to keep light within the boundaries of the site.

(3)

No strobe lights or other bright flashing lights are allowed on the tower.

(f)

Color and materials.

(1)

All towers and antennas shall use building materials, colors, textures, screening and landscaping that blend the facilities with the surrounding natural features and built environment to the greatest extent possible. The tower shall be a light blue or other color that is demonstrated to minimize visibility.

(2)

All metal towers shall be constructed or treated with corrosion resistant material.

(g)

Parking and access. A minimum of two parking spaces shall be provided on each site. Additional parking may be required by the governing authority if the minimum parking proves to be inadequate. Access must be provided by a gated, hard-surface, all-weather access driveway.

(Zoning Ord. § 2-17.7; Ord. No. O97-3049, 11-4-1997)

(a)

Building permits. Uses and facilities permitted under this section may be authorized by the planning director upon the complete submittal and approval of an application for a building permit under this section.

(b)

Special exception permits. Uses and facilities requiring a waiver of any section of this chapter may be authorized by the board of zoning appeals upon the complete submittal and approval of an application for a special exception under this section.

(c)

Applications. In addition to the application requirements of the planning department and the community development division, all applications for building permits or special use permits for new wireless communication facilities shall include the following information:

(1)

A report from a registered professional engineer which:

a.

Describes the tower height and design, including a cross section and elevation;

b.

Certifies the facility's compliance with structural and electrical standards;

c.

Describes the tower's capacity, including the potential number and type of antennas that it can accommodate;

d.

Describes the lighting to be placed on the tower if required by the FCC or FAA;

e.

Describes how the applicant will avoid causing destructive interference with previously established public safety communications; and

f.

A written acknowledgment by the landowner of a leased site that he will abide by all applicable terms and conditions of the building permit or special exception permit.

(2)

Additional information and analysis.

a.

The planning director or community development director/designee may, at his discretion, require visual impact demonstrations, including mockups and/or photo montages; screening and painting plans; network maps; alternative site analysis; lists of other nearby wireless communication facilities; or facility design alternatives for the proposed facilities.

b.

The planning director, community development director/designee or board of zoning appeals may employ on behalf of the city, an independent technical expert to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the costs of such review and/or independent analysis.

(3)

Existing tower/new antenna. Applications for a building permit to add a new antenna to an existing tower or structure shall be exempt from the requirements of subsection (c)(2) of this section.

(d)

Annual report. Owners of towers and antennas shall conduct an annual inspection of their facilities to ensure continuing compliance with this chapter. A copy of the annual inspection report shall be provided to the planning director and community development director/designee.

(Zoning Ord. § 2-17.8; Ord. No. O97-3049, 11-4-1997)

For the purposes of this division, the terms below shall have the following meanings:

Administrator means the director of planning and development or their designee.

Application means a commercial building permit application, including all required and requested documentation and information, submitted by an applicant to the City of Superior for a permit.

Applicant means a person or company filing an application for placement or modification of a wireless telecommunications facility in the right-of-way.

Base station means the same as in 47 C.F.R. § 1.6100(b)(1), which defines the term to mean a structure or wireless telecommunications equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. This definition does not include towers.

Eligible facilities request means the same as in 47 C.F.R. § 1.6100(b)(3), which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

FCC means the Federal Communications Commission.

Permit means a commercial building permit issued pursuant to this division and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the right-of-way, and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.

Right-of-way means the surface of, and the space above and below the entire width of an improved or unimproved public roadway, highway, street, bicycle lane, landscape terrace, shoulder, side slope, and public sidewalk over which the City of Superior exercises any rights of management and control or in which the City of Superior has an interest.

Small wireless facility, consistent with 47 C.F.R. § 1.6002(l), means a facility that meets each of the following conditions:

(1)

The structure on which antenna facilities are mounted:

a.

Is 50 feet or less in height; or

b.

Is no more than ten percent taller than other adjacent structures; or

c.

Is not extended to a height of more than 50 feet or by more than ten percent above its preexisting height, whichever is greater, as a result of the collocation of new antenna facilities.

(2)

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration;

(5)

The facility is not located on tribal lands; and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by federal law.

Support structure means any structure capable of supporting wireless telecommunications equipment.

Tower means the same as in 47 C.F.R. § 1.6100(b)(9), which defines the term as any structure built for the sole or primary purpose of supporting any Federal Communication Commission (FCC) licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

Underground areas means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.

Utility pole means a structure in the right-of-way designed to support electric, telephone, and similar utility distribution lines and associated equipment. A tower is not a utility pole.

Wireless infrastructure provider means a person that owns, controls, operates, or manages a wireless telecommunications facility or portion thereof within the right-of-way.

Wireless regulations means those regulations adopted pursuant to section 122-819(b)(1) to implement the provisions of this division.

Wireless service provider means an entity that provides wireless services to end users.

Wireless telecommunications equipment means equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

Wireless telecommunications facility or facility means a facility at a fixed location in the right-of-way consisting of a base station, antennas and other accessory equipment, and a tower and underground wiring, if any, associated with the base station.

Definitions in this section may contain quotations or citations to 47 C.F.R. §§ 1.6100 and 1.6002. In the event that any referenced section is amended, creating a conflict between the definition as set forth in this division and the amended language of the referenced section, the definition in the referenced section, as amended, shall control.

(Ord. No. O19-4136, § 1, 4-3-2019)

In the exercise of its police powers, the City of Superior has priority over all other uses of the right-of-way. The purpose of this division is to provide the City of Superior with a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the right-of-way consistent with the City of Superior's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or incommoded by the use of the right-of-way for the placement of wireless telecommunications facilities. The City of Superior recognizes the importance of wireless telecommunications facilities to provide high-quality communications and internet access services to residents and businesses within the City of Superior. The City of Superior also recognizes its obligation to comply with applicable federal and state laws regarding the placement of wireless telecommunications facilities in the right-of-way including, without limitation, the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.), section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Wis. Stat. § 182.017, and Wis. Stat. § 196.58, and this division shall be interpreted consistent with those provisions.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Applicability. Unless exempted by subsection (b) below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a permit under this division.

(b)

Exempt facilities. The provisions of this division (other than sections 122-824—122-828) shall not be applied to applications for the following:

(1)

Installation of a small wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot, and provided further that the installation does not require replacement of the strand, or excavation, modification, or replacement of either of the utility poles.

(2)

Installation of a mobile cell facility (commonly referred to as "cell on wheels" or "cell on truck") for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

(3)

Placement or modification of a wireless telecommunications facility on structures owned by or under the control of City of Superior. See section 122-827 of this division.

(4)

Placement or modification of a wireless telecommunications facility by City of Superior staff or any person performing work under contract with the City of Superior.

(5)

Modification of an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility.

(Ord. No. O19-4136, § 1, 4-3-2019)

In establishing the rights, obligations, and conditions set forth in this division, it is the intent of the City of Superior to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situation, and legal status of each applicant or request for use of the right-of-way.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Administrator. The administrator is responsible for administering this division.

(b)

Powers. As part of the administration of this division, the administrator may:

(1)

Adopt wireless regulations governing the placement and modification of wireless telecommunications facilities in addition to but consistent with the requirements of this division, including regulations governing collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards.

(2)

Interpret the provisions of the division and the wireless regulations.

(3)

Develop forms and procedures for submission of applications for permits consistent with this division.

(4)

Collect any fee required by this division.

(5)

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations.

(6)

Issue notices of incompleteness or requests for information in connection with any permit application.

(7)

Select and retain an independent consultant or attorney with expertise in telecommunications to review any issue that involves specialized or expert knowledge in connection with any permit application.

(8)

Coordinate and consult with other City of Superior staff, committees, and governing bodies to ensure timely action on all other required permits under section 122-820(b)(5) of this division.

(9)

Subject to appeal as provided in section 122-822(d) of this division, determine whether to grant, grant subject to conditions, or deny an application.

(10)

Take such other steps as may be required to timely act upon permit applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. The administrator has ten business days to review and issue a permit.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Format. Unless the wireless regulations provide otherwise, the applicant must submit both a paper copy and an electronic copy of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application, to the administrator. An application is not complete until both the paper and electronic copies are received by the administrator.

(b)

Content. In order to be considered complete, an application must contain:

(1)

All information required pursuant to the wireless regulations.

(2)

The name of the applicant (including any corporate or trade name), and the name, address, email address, and telephone number of a local representative. If the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider(s) that will be using the wireless telecommunications facility must also be provided.

(3)

A separate and complete description of each proposed wireless telecommunications facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the facility and technical specifications for each element of the facility, clearly describing the site and all structures and facilities at the site before and after installation or modification and identifying the owners of such preexisting structures and facilities; and describing the distance to the nearest residential dwelling unit. Before and after 360-degree photo simulations must be provided for each facility.

(4)

A copy of the FCC license for the facility or a sworn written statement from the applicant attesting that the facility will comply with current FCC regulations.

(5)

To the extent that filing of the permit application establishes a deadline for action on any other permit that may be required in connection with the wireless telecommunications facility, the application must include complete copies of applications for every required permit (including without limitation electrical permits, building permits, traffic control permits, and excavation permits), with all engineering completed and with all fees associated with each permit.

(6)

A certification by a registered and qualified engineer that the installation can be supported by and does not exceed the tolerances of the structure on which it will be mounted and that all elements of the wireless telecommunications facility comply with applicable safety standards.

(7)

Payment of all required fees.

(8)

If an applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all evidence on which the applicant relies in support of that claim. Applicants are not permitted to supplement this evidence if doing so would prevent the City of Superior from complying with any deadline for action on an application.

(9)

If the application is an eligible facilities request, the application must contain information sufficient to show that the application qualifies as an eligible facilities request under 47 C.F.R. § 1.6100(b)(3), including evidence that the application relates to an existing tower or base station that has been approved by the City of Superior. Before and after 360-degree photo simulations must be provided with detailed specifications demonstrating that the modification does not substantially change the physical dimensions of the existing approved tower or base station.

(c)

Waivers. Requests for waivers from any requirement of this section shall be made in writing to the administrator. The administrator may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the City of Superior will be provided with all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the wireless permit sought.

(d)

Fees. Applicant must provide an application fee and shall be required to pay all costs reasonably incurred in reviewing the application, including costs incurred in retaining outside consultants. Fees shall be reviewed periodically and raised or lowered based on the costs the city expects to incur, with a review commencing by the first anniversary of the effective date of this division.

(e)

Public records. Applications are public records that may be made publicly available pursuant to state and federal public records law. Notwithstanding the foregoing, the applicant may designate portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly marking each portion of such materials accordingly, and the City of Superior shall endeavor to treat the information as proprietary and confidential, subject to applicable state and federal public records law and the administrator's determination that the applicant's request for confidential or proprietary treatment of the application materials is reasonable. The City of Superior shall not be required to incur any costs to protect the application from disclosure.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this division and the wireless regulations, in addition to the requirements of any other applicable law or regulation.

(b)

Regulations. The wireless regulations and decisions on permits shall, at a minimum, ensure that the requirements of this division are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of a telecommunications or personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this division and the wireless regulations may be waived, but only to the extent required to avoid the prohibition.

(c)

Standards.

(1)

Wireless telecommunications facilities shall be installed and modified in a manner that:

a.

Minimizes risks to public safety;

b.

Ensures that placement of facilities on existing structures is within the tolerance of those structures;

c.

Avoids placement of aboveground facilities in underground areas, installation of new support structures or equipment cabinets in the public right-of-way, or placement in residential areas when commercial areas are reasonably available;

d.

Maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;

e.

Ensures that installations are subject to periodic review to minimize the intrusion on the right-of-way;

f.

Ensures that the City of Superior bears no risk or liability as a result of the installations; and

g.

Ensures that applicant's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the City of Superior or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.

(2)

No permit shall be issued unless (i) the wireless service provider applicant has immediate plans to use the proposed facility or (ii) the wireless infrastructure applicant has a contract with a wireless service provider that has immediate plans to use the proposed facility.

(3)

In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic and at all times must comply with the requirements of the Americans with Disabilities Act of 1990.

(d)

Standard permit conditions. All permits under this division are issued subject to the following minimum conditions:

(1)

Compliance. The permit holder shall at all times maintain compliance with all applicable federal, state, and local laws, regulations, and other rules.

(2)

Term. A permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other permits shall be valid for a period of two years from the date of issuance unless revoked pursuant to section 122-823(b) of this division.

(3)

Contact information. The permit holder shall at all times maintain with the City of Superior accurate contact information for the permit holder and all wireless service providers making use of the facility, which shall include a phone number, mailing address, and email address for at least one natural person.

(4)

Emergencies. The City of Superior hall have the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.

(5)

Indemnities. The permit holder, by accepting a permit under this division, agrees to indemnify, defend, and hold harmless the City of Superior, its elected and appointed officials, officers, employees, agents, representatives, and volunteers (collectively, the "indemnified parties") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner caused in whole or in part, or claimed to be caused in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of the permit holder or anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on one or more of the indemnified parties. The obligation to indemnify, defend, and hold harmless the indemnified parties shall be applicable even if the liability results from an act or failure to act on the part of one or more of the indemnified parties. However, the obligation does not apply if the liability results from the willful misconduct of an indemnified party.

(6)

Adverse impacts on adjacent properties. The permit holder shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the facility.

(7)

General maintenance. The wireless communications facility and any associated structures shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

(8)

Graffiti removal. All graffiti on facilities shall be removed at the sole expense of the permit holder within 48 hours after notification from the City of Superior.

(9)

Relocation. At the request of the City of Superior pursuant to section 122-824 of this division, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.

(10)

Abandonment. The permit holder shall promptly notify the City of Superior whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with section 122-825 of this division.

(11)

Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with section 122-826 of this division.

(12)

Record retention. The permit holder shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the City of Superior cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permit holder fails to retain full and complete records in the permit holder's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permit holder.

(13)

Radio frequency emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing radio frequency emissions, and failure to comply with such regulations shall be treated as a material violation of the terms of the permit.

(14)

Certificate of insurance. A certificate of insurance sufficient to demonstrate to the satisfaction of the administrator that the applicant has the capability to cover any liability that might arise out of the presence of the facility in the right-of-way.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, local, and federal law, including 47 C.F.R. § 1.6003(d), as amended.

(b)

Processing timeline. Permit applications (including applications for other permits under section 122-820(b)(5) necessary to place or modify the facility) and appeals will be processed in conformity with state, local, and federal law, as amended.

(c)

Written decision. In the event that an application is denied (or approved with conditions beyond the standard permit conditions set forth in section 122-821(d)), the administrator shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.

(d)

Appeal to City of Superior Common Council. Any person adversely affected by the decision of the administrator may appeal that decision to the city council, which may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility.

(e)

Deadline to appeal.

(1)

Appeals that involve eligible facilities requests must be filed within three business days of the written decision of the administrator.

(2)

All other appeals not governed by section 122-822(e)(1), above, must be filed within ten business days of the written decision of the administrator, unless the administrator extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.

(d)

Decision deadline. All appeals shall be conducted so that a timely written decision may be issued in accordance with the applicable shot clock.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Expiration. A permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other permits shall be valid for a period of two years from the date of issuance. Upon expiration of the wireless permit, the permit holder must either:

(1)

Remove the wireless telecommunications facility; or

(2)

Submit an application to renew the permit at least 90 days prior to its expiration. The facility must remain in place until the renewal application is acted on by the City of Superior and any appeals from the city's decision are exhausted.

(b)

Revocation for breach. A permit may be revoked for failure to comply with the conditions of the permit or applicable federal, state, or local laws, rules, or regulations. Upon revocation, the wireless telecommunications facility must be removed within 30 days of receipt of written notice from the City of Superior. All costs incurred by the City of Superior in connection with the revocation, removal, and right-of-way restoration shall be paid by the permit holder.

(c)

Failure to obtain permit. Unless exempted from permitting by section 122-817(b) of this division, a wireless telecommunications facility installed without a permit must be removed within 30 days of receipt of written notice from the City of Superior. All costs incurred by the City of Superior in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.

(Ord. No. O19-4136, § 1, 4-3-2019)

Except as otherwise prohibited by state or federal law, a permit holder must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate any of its wireless telecommunications facilities in the right-of-way whenever the City of Superior requests such removal and relocation. The City of Superior may make such a request to prevent the facility from interfering with a present or future City of Superior use of the right-of-way; a public improvement undertaken by the city, an economic development project in which the City of Superior has an interest or investment; when the public health, safety, or welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a permit holder shall not be required to remove or relocate its facilities from any right-of-way that has been vacated in favor of a non-governmental entity unless and until that entity pays the reasonable costs of removal or relocation to the permit holder.

(Ord. No. O19-4136, § 1, 4-3-2019)

(a)

Cessation of use. In the event that a permitted facility within the right-of-way is not in use for a continuous period of 60 days or longer, the permit holder must promptly notify the City of Superior and do one of the following:

(1)

Provide information satisfactory to the administrator that the permit holder's obligations for its facilities under this division have been lawfully assumed by another permit holder.

(2)

Submit to the administrator a proposal and instruments for dedication of the facilities to the City of Superior. If a permit holder proceeds under this section 122-825(a)(2), the City of Superior may, at its option:

a.

Accept the dedication for all or a portion of the facilities;

b.

Require the permit holder, at its own expense, to remove the facilities and perform the required restoration under section 122-826; or

c.

Require the permit holder to post a bond or provide payment sufficient to reimburse the City of Superior for reasonably anticipated costs to be incurred in removing the facilities and undertaking restoration under section 122-826.

(3)

Remove its facilities from the right-of-way within one year and perform the required restoration under section 122-826, unless the administrator waives this requirement or provides a later deadline.

(b)

Abandoned facilities. Facilities of a permit holder who fails to comply with section 122-825(a) and which, for one year, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the City of Superior may, at its option:

(1)

Abate the nuisance and recover the cost from the permit holder or the permit holder's successor in interest;

(2)

Take possession of the facilities; and/or

(3)

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

(Ord. No. O19-4136, § 1, 4-3-2019)

In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this division (or relocate it pursuant to section 122-824), the permit holder must restore the right-of-way to its prior condition in accordance with City of Superior specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations required by this section 122-826, the City of Superior at its option may do such work. In that event, the permit holder shall pay to the City of Superior within 30 days of billing therefor, the cost of restoring the right-of-way.

(Ord. No. O19-4136, § 1, 4-3-2019)

The City of Superior may negotiate agreements for placement of wireless telecommunications facilities on city-owned or controlled structures in the right-of-way. The agreement shall specify the compensation to the City of Superior for use of the structures. The person or entity seeking the agreement shall reimburse the City of Superior for all costs the City of Superior incurs in connection with its review of and action upon the request for an agreement.

(Ord. No. O19-4136, § 1, 4-3-2019)

If any section, subsection, clause, phrase, or portion of this division is for any reason held to be illegal or otherwise invalid by any court or administrative agency of competent jurisdiction, such illegal or invalid portion shall be severable and shall not affect or impair any remaining portion of this division, which shall remain in full force and effect.

(Ord. No. O19-4136, § 1, 4-3-2019)

The city has made the following findings:

(1)

The location, siting, design, construction and use of adult oriented entertainment businesses can have adverse impacts on the surrounding area;

(2)

Adult oriented entertainment businesses can exert a dehumanizing influence on persons attending places of worship, children attending licensed daycare homes, persons using public parks, and children and other persons attending public schools;

(3)

Adult oriented entertainment businesses can contribute to an increase in criminal activity in the area where such businesses are located, taxing local law enforcement services;

(4)

Adult oriented entertainment businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the value of the residential housing in the area in which such businesses are located;

(5)

The concentration of adult oriented entertainment businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating as other businesses and residences move out of the vicinity. Declining real estate values, which can result from the concentration of such business, erode the city's tax base;

(6)

The city is authorized to enact zoning regulations to promote the public health, safety and general welfare of the citizens of the city as provided under Wis. Stats. § 62.23; and

(7)

To accommodate the needs of residents and businesses while protecting health, safety and welfare, to minimize adverse visual effects of adult oriented entertainment businesses through careful design and siting standards and to minimize the detrimental effect sexually-oriented businesses have on adjacent land uses, the common council recognizes that it has a great interest in the present and future character of the city's residential and commercial neighborhoods and adopts this division.

(Zoning Ord. § 2-18; Ord. No. O99-3184, 9-7-1999)

(a)

The purpose of this division is to control through zoning regulations certain adult oriented entertainment uses that have a direct and detrimental effect on the character of the city's residential neighborhoods and commercial areas.

(b)

It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.

(Zoning Ord. § 2-18.1; Ord. No. O99-3184, 9-7-1999)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult oriented entertainment business means an adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

Nudity means the showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.

Sexual conduct means acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person is a female, her breast.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Zoning Ord. § 2-18.2; Ord. No. O99-3184, 9-7-1999)

The provisions of this section shall apply to all existing and future adult-entertainment oriented businesses. However, any such existing business that does not meet the zoning district restrictions or the distance limitations, may continue its existence as a nonconforming use; provided, however, that no such business may be enlarged or increased in size or be discontinued for a period of no more than 12 months.

(Zoning Ord. § 2-18.3)

(a)

Zoning district. Adult use only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult oriented entertainment businesses sexual in nature may be operated or maintained only within theM-1 manufacturing district-light provided that it is located on a minor or major arterial road and subject to the distance limitations noted in subsection (b) of this section.

(b)

Distance limitations. No adults-only bookstore, adult theaters, adult massage parlor, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or other adult oriented entertainment businesses as defined under this section shall:

(1)

Be operated or maintained within 1,000 feet of the boundary of any residentially zoned (R) district or any suburban zoned (S) district;

(2)

Be operated or maintained within 1,000 feet of a church, park, recreational site, licensed daycare facility, public library, public or private educational facility which serve persons age 17 or younger, elementary school, high school, place of worship, or elderly housing facility;

(3)

Be operated or maintained so that there are no more than two such businesses within 2,500 feet as measured by the radius from each business;

(4)

Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in residentially zoned (R) districts or any suburban zoned (S) districts.

(c)

Same use restrictions. No adult oriented business shall be located in the same building or upon the same property as another such use.

(d)

Sign limitations. Notwithstanding any other provision of this Code, an adult oriented entertainment 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)

No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language; such as "nude dancing" or "Girls, Girls, Girls," etc;

(5)

No sexually-oriented business may have any off-premises sign;

(5)

In order to allow currently operating adult oriented entertainment businesses to recover their financial investment in current signage, any currently operating adult oriented entertainment business shall bring its signage into conformity with the provisions of this subsection within one year from the date of passage of the ordinance from which this chapter is derived.

(e)

Operating standards. All such adult oriented entertainment businesses shall operate in accordance with the following:

(1)

No employee shall solicit business outside the building in which the business is located;

(2)

No male or female person, while on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;

(3)

No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals;

(4)

Nudity is prohibited for any employee of an adult oriented business where such person is in direct, personal contact with another person.

(f)

Building's exterior appearance. The building's exterior shall meet the following criteria:

(1)

Colors to be earth or neutral tones with primary accent colors to be within the same color family;

(2)

Stripes and geometric patterns are prohibited;

(3)

A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the common council;

(4)

The exterior shall be adequately maintained in good condition.

(Zoning Ord. § 2-18.4; Ord. No. O99-3184, 9-7-1999)

(a)

Solid fuel-fired heating device. Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

(b)

Stacks or chimneys. Any vertical structure enclosing a flue that carry off smoke or exhaust from a solid fuel-fired heating devices; especially that part of such structures extending above a roof.

(Ord. No. O06-3562, § 1(2-25.30), 1-3-2006)

Notwithstanding the provisions of section 122-864, any solid fuel device permitted under this division which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, the owner or occupant may be required to correct, improve or abate such conditions.

(Ord. No. O06-3562, § 1(2-25.31), 1-3-2006)

(a)

All outdoor solid fuel-fired heating devices shall be installed, operated and maintained pursuant to the following conditions: Fuel shall be only wood pellets, corn, natural untreated wood or wood or charcoal specifically permitted by the manufacturer of the equipment.

(b)

The following fuels are strictly prohibited:

(1)

The burning of processed wood products and other nonwood product.

(2)

Petroleum, kerosene and gasoline products.

(3)

Rubber.

(4)

Plastics.

(5)

Garbage.

(6)

Painted wood or treated wood.

(7)

Any other items not specifically allowed by the manufacturer or this provision.

(Ord. No. O06-3562, § 1(2-25.32), 1-3-2006)

A solid fuel-fired outdoor heating device may be used in the city only in accordance with the following provisions:

(1)

May be located in S suburban districts on lots with a minimum lot size of five contiguous acres of land or on properties within manufacturing districts (M-1 and M-2);

(2)

The solid fuel-fired outdoor heating device shall not be used to burn any of the prohibited materials listed in section 122-863;

(3)

The solid fuel-fired outdoor heating device shall be located in the rear yard at least 20 feet from any side or rear lot line and 75 feet from the front lot line;

(4)

The solid fuel-fired outdoor heating device shall be located at least 25 feet from any structure;

(5)

The solid fuel-fired outdoor heating device shall have a chimney that extends at least 15 feet above the ground surface. If there are any residences within 100 feet, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences;

(6)

The solid fuel-fired outdoor heating device shall be considered an accessory structure;

(7)

The owner of the solid fuel-fired outdoor heating device shall obtain a building permit from the city before installing the outdoor furnaces. Such permit can be obtained from the city community development director/designeeupon payment of the fee established by separate ordinance of the city. The furnace will be located, constructed and used in compliance with the requirements of this chapter.

(Ord. No. O06-3562, § 1(2-25.33), 1-3-2006)

(a)

All existing units shall immediately comply with all manufacturer's specifications and specifications of this chapter and all must comply with all other building code requirements within 30 days from January 3, 2006. All existing nonconforming devices upon the complaint of a city resident shall be removed, replaced or modified to meet the requirements of this chapter within 45 days of notification of noncompliance from the community development director/designee, fire department or other city official or agent.

(b)

All devices existing on January 3, 2006, shall be exempt from this chapter. Any alterations or improvements made after January 3, 2006, shall comply with section 122-866.

(Ord. No. O06-3562, § 1(2-25.34), 1-3-2006)

No person shall allow, maintain or use an outdoor wood furnace in the city without first having obtained a building permit from the city community development director/designee on the forms prescribed by such official.

(Ord. No. O06-3562, § 1(2-25.35), 1-3-2006)

A permit may be suspended in the event the owner fails to comply with this division.

(Ord. No. O06-3562, § 1(2-25.36), 1-3-2006)

(a)

The city fire department and community development director/designee are authorized to enforce the provisions of this division.

(b)

The penalty for violation of any portion of this division shall be a forfeiture of not less than $25.00 or more than $250.00 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses.

(c)

Outdoor wood-fired furnace permits may be revoked by the community development director/designee if the community development director/designee finds that burning has been conducted in violation of this division.

(d)

A violation of this division is hereby declared to be a public nuisance which may be enforced through injunction or abatement proceedings or other applicable remedies as allowed by law, which shall be in addition to such other penalties and remedies as may apply.

(Ord. No. O06-3562, § 1(2-25.37), 1-3-2006)

The fire chief or community development director/designee or authorized officer, agent, employee or representative of the city may inspect any property for the purpose of ascertaining compliance with the provisions of this division.

(Ord. No. O06-3562, § 1(2-25.38), 1-3-2006)

Persons responsible for lighting fires in the city assume all risks associated with such fire. Compliance with the requirements of this division shall not relieve such person from the ultimate responsibility to ensure that the fire is conducted safely and appropriately with due regard for the health, safety and welfare of all persons and property potentially affected by the fire.

(Ord. No. O06-3562, § 1(2-25.39), 1-3-2006)

(a)

For the purpose of the article, a temporary outside use shall be defined as an activity or event which takes place outside of a business structure, it shall be limited in days and incidental to an established business. It is intended that certain temporary outside uses be allowed in certain zones in addition to those uses which are specifically permitted in each respective zone. Temporary outside uses shall be established by temporary outside use permits granted by the community development director/designee or their authorized representative pursuant to the procedures contained in this article.

(b)

A temporary outside use permit shall not be required for an established business' outside inventory display of merchandise so long as the outside display area consists of no more than ten percent of the public area of the established business.

(Zoning Ord. § 2-36.1.A; Ord. No. O97-3062, 12-2-1997)

(a)

Temporary outside uses permitted with a temporary outside use permit shall include but not be limited to the following: not for profit commercial tent meeting, circus with tents, commercial carnival, fair, concert, exhibit, festival, outdoor or indoor temporary enclosures, commercial mobile clinic for humans and outdoor food preparation.

(b)

Temporary outside use permits shall be granted to each business no more than ten days per year and each event for which a permit is granted shall run no more than three consecutive days.

(c)

City departments which must approve the use prior to each occurrence will be determined by the community development director/designee as part of the temporary outside use review process with respect to each proposed temporary use.

(Zoning Ord. § 2-36.1.B; Ord. No. O97-3062, 12-2-1997; Ord. No. O05-3525, 7-19-2005)

Outdoor merchandise sales are subject to compliance with the following criteria:

(1)

Parking lot or sales on public sidewalks must be in conjunction with, and clearly incidental to an existing permanent use on-site. Merchandise sales on vacant lots is not permitted.

(2)

Parking lot or sidewalk sales shall not occupy more than 20 percent of the parking area and/or sidewalk and shall not substantially alter the existing circulation pattern of the site. The temporary sales area shall not obstruct any existing circulation pattern of the site. Public sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the community development director/designee;

(3)

Other conditions to mitigate potential land use impacts public safety may be required on a case by case basis as deemed necessary and appropriate by the community development director/designee or his authorized representative.

(Zoning Ord. § 2-36.1.C; Ord. No. O97-3062, 12-2-1997)

The owner of the property proposed to be occupied by a temporary outside use or the owner's authorized representative, such as a property manager, leasing agent, or manager of the sole business on the site, shall file an application for a temporary outside use permit with the building inspection division at least five working days prior to the proposed commencement of the use. One application may apply to more than one occurrence on the same site as otherwise permitted by this article. Applications shall be filed upon forms and accompanied by such data and information, including a site plan, necessary to properly evaluate and process the application as may be required for that purpose by the community development director/designee or his authorized representative.

(Zoning Ord. § 2-36.1.D; Ord. No. O97-3062, 12-2-1997)

Filing fees to process a temporary outside use permit application shall be paid at the time of filing an application and shall be $25.00. The filing fee shall be in addition to any other required fees, such as business tax, temporary utility permits, building permits, etc.

(Zoning Ord. § 2-36.1.E; Ord. No. O97-3062, 12-2-1997)

The community development director/designee or his authorized representative shall review the completed and approved temporary outside use permit application for current code compliance and shall approve or deny the application within 72 hours. Approval of a temporary outside use permit does not constitute approval of any other required permits. Failure to comply with the limitations contained in city codes shall be grounds for denial of a temporary outside use permit. Notice of approval or denial shall be in writing and shall be deemed given when deposited in the United States mail or conveyed personally to the applicant or the applicant's representative.

(Zoning Ord. § 2-36.1.F; Ord. No. O97-3062, 12-2-1997)

Any person aggrieved or affected by a decision of the community development director/designee in denying a temporary outside use permit may appeal to the common council in writing within ten days after notice of the decision is given. The decision of the common council shall be final.

(Zoning Ord. § 2-36.1.G; Ord. No. O97-3062, 12-2-1997)

If in the judgment of the community development director/designee or their authorized representative, a proposed temporary outside use, even if in compliance with this division may have a substantial adverse impact on public health, safety or welfare, the community development director/designee may elect not to approve a temporary outside use permit.

(Zoning Ord. § 2-36.1.H; Ord. No. O97-3062, 12-2-1997)

Each permitted temporary outside use shall be limited to the maximum number of days and the maximum number of consecutive days allowed per calendar year by section 122-890. When the maximum number of days or the maximum number of consecutive days has been reached, the temporary use shall not be permitted on the property for the duration of the calendar year. A commercial complex shall be considered as one property for the purpose of determining the maximum number of days allowed. A commercial complex is defined as a group of two or more commercial uses on a single parcel or contiguous parcels which utilize common off-street parking and access.

(Zoning Ord. § 2-36.1.I; Ord. O97-3062, 12-2-1997)

In all zones for those businesses or other authorized uses which ordinarily receive and/or send out merchandise, products and the like, articles to be loaded or unloaded may be temporarily stored outside for a period not to exceed two hours within specifically designated loading areas. No articles so stored shall be advertised or marked for sale at or from the loading area nor shall the loading area be used for merchandise display.

(Zoning Ord. § 2-36.1.J; Ord. No. O97-3062, 12-2-1997)