A.
Nonconforming uses. The lawful use of any land or
building existing at the time of the adoption or amendment of this
chapter may continue, although such use does not conform to the regulations
specified in this chapter for the district in which such land or buildings
is located; provided, however, that:[1]
(1)
No nonconforming use of land shall be enlarged or
increased, and if such use ceases, any subsequent use shall be in
conformity with the regulations specified by this chapter for the
district in which such land is located.
(2)
No building in which a nonconforming use is conducted
shall be enlarged, structurally altered or moved except for a use
permitted in the district and subject to all the regulations specified
by this chapter for the district in which such building is located.
If no structural changes are made, a nonconforming use of a building
may be changed to another nonconforming use which, in the opinion
of the Zoning Board of Appeals, is of the same or of a more restricted
nature. Such a building shall be subject to all other regulations
for nonconforming uses contained in the state law on village planning
and zoning and applicable to the Village of Superior.
B.
Uses which may be permitted by the Zoning Board of
Appeals. Regardless of any other provision of this chapter, the Zoning
Board of Appeals may:
(1)
Permit in any district the following uses, provided
that the standards of open spaces (yards, percent of lot covered by
buildings, etc.) to be maintained on the premises of any such use
shall be at least as good as the standards that prevail in the district
in which such premises are located and not lower than the standards
specified in this chapter: amusement park, aviation field, cemetery,
charitable and philanthropic use, homes for convalescent and aged
persons, hospital or sanatorium, penal or correctional institution,
public utility building which are reasonably necessary for public
convenience and welfare.
(2)
Permit the extension of an existing or proposed building
into a more restricted district under such conditions as will safeguard
the more restricted district.
(3)
Grant in undeveloped sections of the Village, upon
such conditions as the Board may specify, permits for not more than
three years for structures and uses otherwise prohibited in the proposed
location.
The height limitations of this chapter shall
not apply to chimneys, cooling towers, water towers, church spires,
elevator bulkheads, fire towers, flagpoles, gas tanks, monuments,
ornamental towers, observation towers, radio towers and necessary
mechanical appurtenances.
A.
The side yard requirements for corner lots are the
same as for interior lots.
B.
The setback regulations of this chapter shall not
be so applied as to reduce the buildable width of a main structure
on a corner lot to less than 28 feet.
C.
An accessory building not exceeding 12 feet in height
and located not closer than 10 feet to the main building may occupy
not more than 30% of a required rear yard.
D.
Detached accessory buildings.
(1)
Except as provided in Subsection D(3) of this section, a detached accessory building in any residence or multiple-dwelling district shall be located no closer than 60 feet to the front lot line and, in case of a corner lot, no closer than 10 feet to the street adjoining the side lot line nor closer than the setback on said street.
(2)
A detached accessory building on a corner lot in any
residence or multiple-dwelling district shall be no closer than 10
feet to an adjoining lot facing the side street if the accessory building
is placed less than 60 feet from said side street.
(3)
On lots 100 feet or more in width and one acre or
more in area in any residence or multiple-dwelling district, a detached
accessory building placed not closer than 15 feet to any adjoining
lot line may be located as close to the street line as a main building.
[Added 11-9-2017]
A.
Zoning Districts. Portable storage containers are limited to the
following zoning districts as described:
(1)
Industrial District: as a permitted use.
(2)
Local Commercial District: as a conditional use.
(3)
General Commercial District: as a conditional use.
(4)
Mixed-Use Medical District: as a conditional use.
(5)
Single-Family Residential District (Low Density): temporary
placement pursuant to this section.
(6)
Single-Family Residential District (Medium Density): temporary
placement pursuant to this section.
(7)
Single-Family and Two-Family Residential District: temporary
placement pursuant to this section.
(8)
Limited Multiple-Family Residential District: temporary placement
pursuant to this section.
(9)
Multiple-Family Residential District: temporary placement pursuant
to this section.
B.
Permit required. A permit is required prior to placing any portable
storage container outside on any property zoning districts. A person
engaged in the leasing, maintaining or transporting of a portable
storage container, and the owner of the property where one is placed,
shall both sign the application for the placement of the portable
storage container. A permit application shall be submitted to the
Village, together with the applicable fee established by the Village
Board.
(1)
A permit issued for the use of a portable storage container
shall be valid only for the location for which the permit was issued.
(2)
Except for construction projects where work is ongoing and actively
progressing, a permit shall be issued for not longer than 30 consecutive
calendar days, unless an extension or an exemption has been granted.
C.
PORTABLE STORAGE CONTAINER
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any container, including but not limited to a single storage
unit, cargo or shipping container, shed-like container or other portable
structure (other than a permanent accessory building as defined in
this Code), that can be or is used for the storage of property of
any kind and which is located for such purposes outside an enclosed
building.
D.
Use. Conditions.
(1)
No more than one portable storage container shall be on a property
at any given time.
(2)
A portable storage container shall not be larger than 10 feet
wide, 20 feet long and 10 feet high.
(3)
A portable storage container shall not remain on a property in excess of 30 consecutive calendar days and shall not be placed at any one property in excess of 60 days in a twelve-month period, except as described in Subsection D(7).
(4)
A portable storage container shall not be placed closer than
five feet to all property lines and five feet to the nearest wall
of a building. The portable storage container shall not, at any time,
be placed within 25 feet of any public right-of-way.
(5)
A portable storage container shall be placed on a hard surface
such as asphalt, concrete, or compacted gravel. If no such location
is available on the property, an alternate location shall be applied
for and may be approved by the Village. The applicant shall describe,
in writing, why the alternate location is required and where the container
will be located, and explain that there will be no harm to the public
health, safety and welfare.
(6)
The portable storage container shall only be delivered between
the hours of 7:30 a.m. and 6:00 p.m., Monday through Saturday. No
portable storage containers shall be delivered on Sundays or federal
holidays on which the Village Hall is closed.
(7)
Portable storage containers for construction purposes are permitted
during ongoing construction on a property for which a building permit
has been issued and remains valid, and work is actively progressing.
Such portable storage containers must be removed from that property
within seven calendar days of a final inspection or occupancy permit
being issued pursuant to the building permit.
(8)
An extension to the time limit for placement of a portable storage
container may be granted, provided that such extension shall not be
more than 30 days and that no more than two extensions shall be granted
in any given year.
E.
Temporary exemptions. A limited exemption from the provisions of
this section may be granted by the Village President and Public Works
Director, or their appointed designees, upon a request submitted in
writing substantiating a non-self-created hardship. If approved, such
exemption shall be granted for a specified period of time. Requests
for an additional limited exemption shall be made in the same manner
as the original request. The Village President may terminate any exemption
for any reasonable cause.
