This title shall be known, cited and referred to as the City of Sun Prairie Zoning Code except as referred to herein, where it shall be known as "this title." (Prior code § 13-1-1)

This title is enacted pursuant to the authority granted by the state of Wisconsin Statutes. Specific statutory references are provided within the body of this title solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this title. (Prior code § 13-1-2)

In enacting this title, special attention has been given to ensuring a direct relationship of these regulations to the city of Sun Prairie's comprehensive plan. The general intent of this title is to implement certain goals and objectives of the comprehensive plan which are best addressed through zoning approaches. (Prior code § 13-1-3)

Throughout this title, paragraphs labeled "rationale" are included to ensure a complete understanding of the purpose and reasoning of the city in adopting that particular portion of this title. Each rationale is intended as an official statement of the legislative findings or purposes, and shall serve to guide the administrative and judicial interpretation of this title. The specific rationale expressed in each rationale section are not intended to be exhaustive, and other nonexplicit rationale may also be applicable. These sections have been legislatively adopted together with the more formal text of this title and shall be treated in the same manner as other aspects of legislative history. (Prior code § 13-1-4)

A.

The overall purpose of this title is to implement the city of Sun Prairie comprehensive plan to the extent possible under zoning.

B.

This title is designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to preserve burial sites as defined in Section 157.70(l), Wisconsin Statutes.

C.

Specifically, this title is adopted for the purpose of protecting the public health, safety, morals, comfort, convenience and general welfare by implementing certain goals and objectives of the comprehensive plan.

Rationale: In developing the specific regulations of this title, much effort has gone into balancing the goals and objectives of the comprehensive plan. The current status of this title and its components (including the official zoning map) represents the cohesive result of carefully considered plan implementation practices. Amendments to these provisions and/or the official zoning map shall seriously consider the effect of such changes on the interrelationships which exist within this title, and between this document, the comprehensive plan, and related long-range planning policies and programs. (See Sections 17.44.020 and 17.44.030.) (Prior code § 13-1-5)

It is not intended that this title abrogate or interfere with any constitutionally protected vested right. (Prior code § 13-1-7)

A.

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

B.

Where property is affected by the regulations imposed by any provision of this title and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this title, no land shall be developed or used, and no structure erected or maintained in violation of any state or federal regulations.

C.

No structure shall be constructed, erected, modified, converted, enlarged, reconstructed, altered, placed or maintained, and no land shall be used, modified, or maintained for any purpose nor in any manner which is not in conformity with the provisions of this title.

D.

Except as provided in this title, under provisions for nonconforming uses (Section 17.16.170), nonconforming developments (Section 17.20.070), nonconforming lots (Section 17.24.100), and nonconforming structures and buildings (Section 17.24.110), no building, structure, development or premises shall be hereinafter used or occupied and no applicable permit granted that does not conform to the requirements of this title.

E.

In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so used.

F.

Except for outlots authorized under Chapter 17.20 to contain permanently protected green space area, no yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot. (Prior code § 13-1-8)

This title is applicable to all territory located within the corporate limits of the city of Sun Prairie. (Prior code § 13-1-9)

A.

This title, in part, carries forward by re-enactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as the "zoning ordinance," Title 17 of the code of ordinances for the city of Sun Prairie, adopted prior to the effective date of this title. It is not the intention of this title to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this title or altered by the official zoning map.

B.

All provisions of Title 17 of the city of Sun Prairie code of ordinances which are not reenacted herein are repealed.

C.

The adoption of this title shall not adversely affect the city's right to prosecute any violation of the predecessor zoning ordinance provided the violation occurred while that ordinance was in effect. (Prior code § 13-1-10)

All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one year after the effective date of this title. This title shall become effective upon passage and posting according to law, following the date of repeal and reenactment of the official zoning map. (Prior code § 13-1-11)