Chapter 17.01











17.01.010   Short Title

17.01.020   Purpose of Zoning Code





17.01.010        Short Title:

This title shall be known and cited as the "Zoning Code, Town of South Prairie."


17.01.020        Purpose of Zoning Code:

            A.        In adopting this title, the Town recognizes that there is a continuing need to regulate the use of land to promote the public health, safety and general welfare.  The Town recognizes the opportunities to obtain an urban environment of high quality without unduly high public or private expenditures for development and without unreasonably restricting private enterprise or initiative.

B.         The Town further recognizes that since the general welfare of the public is superior in importance to the pecuniary profits of the individual, this title may (1) limit the use of property, (2) cause depreciation of property values, or (3) prevent the most profitable use of land.  Zoning does not, therefore, constitute a vested right.  Also, if some reasonable use of the property is allowed by this title, the effect is not confiscatory and is a proper exercise of the police power.

C.        This title, in order to obtain the greatest benefits from the opportunities, which exist in the town, has been prepared in accordance with the following principles:

1.         This title is based on the Town Comprehensive Plan with respect to the general pattern of future land uses and the principles of future land development expressed in such plan.

2.         This title recognizes the importance to the community of all legitimate uses of land.  This title further recognizes the need of all such uses to be protected from other uses, which are unrelated or incompatible.

3.         Development standards are based on the best-accepted contemporary practice, rather than on past practices.  Contemporary practice recognizes the need for more flexible regulation than in the past, with more administrative discretion concerning land development decisions.

4.         Land uses that would adversely affect adjoining land uses or public welfare might be allowed as conditional uses subject to review by the Town Council, unless regulated in a particular way and meeting established standards and criteria.

5.         Industrial uses are subject to control by performance standards.  The approach allows potential nuisances to be measured factually and objectively and regulated accordingly.