The following zoning districts are hereby established:
A. 
Residential districts.
(1) 
R-1 Single-Family Residential District.
(2) 
R-2 Single-Family Residential District.
(3) 
R-3 Multifamily Residential District.
(4) 
RD Rural Development District.
(5) 
R-4 One- and Two-Family Residential District.
B. 
Commercial districts.
(1) 
B-1 General Commercial District.
(2) 
B-2 Highway Commercial District.
C. 
Industrial District.
D. 
Conservancy District.
E. 
Floodplain districts.
(1) 
Floodway district (FW).
(2) 
Flood-fringe district (FF).
F. 
Planned Residential Unit Development.
[Added 12-7-2004 by Ord. No. 04-O-9]
A. 
Official Zoning Map. Boundaries of said districts are hereby established by the Official Zoning Map of the Village of Black Earth, and said map with all written legends or other written materials on said map is hereby incorporated by reference as a part of this chapter as if fully included herein at this point. Said map shall be identified and certified as the Official Zoning Map of the Village of Black Earth and as a part of this chapter by proper legends or reference on the face of said map and shall bear on its face the attestation and certification of the Village President and Village Clerk-Treasurer of these facts. Said attestation and certificate by said Village President and Village Clerk-Treasurer shall be made simultaneously with the signing of this chapter by said officers, and such attestation and certificate shall bear the date of the approval of this chapter. The official map shall be at all times available to the public with this chapter.[1] Changes thereafter to the districts shall not be effective until entered and attested on the certified map.
[1]
Editor's Note: The Official Zoning Map is on file at the office of the Village Clerk-Treasurer.
B. 
Official Floodplain Zoning Maps. There are hereby established the Official Floodplain Zoning Maps of the Village of Black Earth which shall be incorporated into and upon the Official Zoning Map of the Village of Black Earth. The maps are hereby incorporated by reference as a part of this chapter as if fully included herein. The maps shall be attested to and certified to as the Official Floodplain Zoning Maps of the Village of Black Earth and shall bear the date of adoption of the amendments to this chapter authorizing the maps. The maps are enumerated in Chapter 280, Floodplain Zoning, § 280-5B.
[Amended 7-6-2004 by Ord. No. 04-O-8]
C. 
District boundaries.
(1) 
Streets, lot lines and unsubdivided property. The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the Zoning Maps indicates that the various districts are approximately bounded by the center line of a street or alley, such street or alley center line shall be construed to be the district boundary line. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where designations on the Zoning Maps are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the district. In unsubdivided property, the district boundary lines shown on the Zoning Maps shall be determined by use of the scale shown on such maps.
(2) 
Floodplain district boundaries. The location of the floodplain district boundaries shall be determined by using the scale appearing on the maps. Where a conflict exists between the floodplain limits listed on the maps and actual field conditions, the elevations from the water surface profile as related to actual field elevation shall be the governing factor in locating regulatory floodplain district boundaries. Disputes shall be settled according to § 310-79 of this chapter.
D. 
Removal from Floodplain District. Compliance with the provisions of this chapter shall not be grounds for the removal of lands from the floodplain district unless such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district and, where required, approval has been granted by the Department of Natural Resources, and, where required, an official letter of map amendment has been issued by the Federal Insurance Administration of the Federal Emergency Management Agency.
[Amended 7-6-2004 by Ord. No. 04-O-8]
E. 
Warning and disclaimer of liability regarding flooding. The degree of flood protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside of the floodplain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages, nor shall this chapter create a liability on the part of or cause of action against the Village of Black Earth or any officer or employee thereof for any flood damage that may result from reliance on this chapter.
A. 
Permitted uses and structures: single-family dwellings and their accessory structures or uses.
B. 
Conditional uses and structures:
[Amended 3-1-2016 by Ord. No. 07-01-2015]
Agricultural uses
Cemeteries
Chicken keeping
Churches
Golf courses
Governmental and community service buildings and functions
Greenways and open spaces
Guesthouses
Home occupations
Libraries
Nursery schools
Parks
Playgrounds
Public and private schools
Pumping stations [1]
Swimming pools
Utility lines
Residential zero-lot lines
[Added 12-7-2004 by Ord. No. 04-O-10]
[1]
Editor's Note: The former conditional use, single-family planned residential development, which immediately followed this use, was repealed 12-7-2004 by Ord. No. 04-O-10.
C. 
Lot size:
(1) 
Width: 80 feet minimum.
(2) 
Area: 9,600 square feet minimum.
D. 
Building height: 30 feet maximum.
E. 
Yards:
(1) 
Street: 30 feet minimum.
(2) 
Rear: 30 feet minimum.
(3) 
Side: 10 feet minimum each.
A. 
Permitted uses and structures: single-family dwellings and their accessory structures or uses.
B. 
Conditional uses and structures:
[Amended 3-1-2016 by Ord. No. 07-01-2015]
Agricultural uses
Cemeteries
Chicken keeping
Churches
Golf courses
Governmental and community service buildings and functions
Greenways and open spaces
Guesthouses
Home occupations
Nursery schools
Nursing homes
Parks
Playgrounds
Public and private schools
Pumping stations[1]
Swimming pools
Utility lines
Residential zero-lot lines
[Added 12-7-2004 by Ord. No. 04-O-10]
[1]
Editor's Note: The former conditional use, single-family planned residential development, which immediately followed this use, was repealed 12-7-2004 by Ord. No. 04-O-10.
C. 
Lot size:
(1) 
Width: 70 feet minimum.
[Amended 7-6-2004 by Ord. No. 04-O-8]
(2) 
Area: 7,350 square feet minimum.
D. 
Building height: 35 feet maximum.
E. 
Yards:
(1) 
Front: 25 feet minimum.
(2) 
Rear: 25 feet minimum.
(3) 
Side: eight feet minimum each.
A. 
Permitted uses: multifamily uses, provided that they conform to the regulations below.
B. 
Conditional uses and structures:
Cemeteries
Churches
Governmental and community service buildings and functions
Greenways and open spaces
Home occupations
Nursing homes
Parks
Playgrounds
Public and private schools
Pumping stations[1]
Utility lines
[1]
Editor's Note: The former conditional use, single-family planned residential development, which immediately followed this use, was repealed 12-7-2004 by Ord. No. 04-O-09.
C. 
Lot size:
(1) 
Width: 80 feet minimum.
(2) 
Area: 9,600 square feet minimum.
D. 
Building height: maximum 45 feet or four stories, whichever is the least.
E. 
Yards:
(1) 
Front: 20 feet minimum.
(2) 
Rear: 20 feet minimum.
(3) 
Side: six feet minimum each.
F. 
Other requirements.
(1) 
The recreation space ratio shall be not less than 0.14. "Recreation space ratio" as used herein means the minimum square footage of recreation space required for each square foot of floor area.
(2) 
The floor area ratio shall be not more than 0.325. "Floor area ratio" as used herein means the maximum square footage of total floor area permitted for each square foot of land area.
(3) 
The open space ratio shall be not less than 2.2. "Open space ratio" in this subsection means the minimum square footage of open space required for each square foot of floor area.
(4) 
The living ratio shall be not less than 1.4. "Living ratio" in this subsection means the minimum square footage of nonvehicular outdoor space required for each square foot of floor area.
A. 
Permitted uses and structures: single-family residences, parks, open spaces, agriculture and general farming, except farms feeding offal or garbage unless approved as a conditional use.
B. 
Conditional uses and structures:
[Amended 3-1-2016 by Ord. No. 07-01-2015]
Airports
Amusement parks
Cemeteries
Chicken keeping
Churches
Columbariums
Drive-in theaters
Driving ranges
Excavating operations
Farm buildings, new*
Golf courses
Home occupations
Industrial uses
Mausoleums
Municipal service functions and structures
Nursing homes
Pumping stations
Sewage disposal plants
Shooting clubs
Social halls
Swimming pools
Taverns
Trailer parks and campgrounds
*It is the intention of the Board to have active farm operations within the Village limits phased out. For that reason no additional farm buildings may be erected unless the Village Board, upon application, grants a conditional use based on a finding that a refusal would result in unnecessary hardship.
C. 
Village ordinances, rules and regulations relating to utilities, including extension and connection rules, handling of stormwater and requirements as to curb, gutter, sidewalks and streets, now in existence or hereafter adopted, apply to uses hereunder, both permitted and conditional.
D. 
Lot size:
(1) 
Width: 270 feet.
(2) 
Area: two acres.
E. 
Building height: 35 feet maximum except for barns, silos and other buildings and others which are customarily higher and accessory uses to farming.
F. 
Yards:
(1) 
Street: 80 feet minimum.
(2) 
Rear: 50 feet minimum.
(3) 
Side: 50 feet minimum each.
A. 
Permitted uses and structures: one- and two-family dwellings and their accessory structures or uses.
B. 
Conditional uses and structures: same as the R-1 Single-Family Residential District.
C. 
Lot size:
(1) 
Width: 80 feet minimum.
(2) 
Area: 9,600 square feet minimum.
D. 
Building height: 35 feet maximum.
E. 
Yards:
(1) 
Front: 30 feet minimum.
(2) 
Rear: 30 feet minimum.
(3) 
Side: 10 feet minimum.
A. 
Permitted uses and structures:
Appliance sales and repairs
Bakeries, retail
Banks
Barbershops
Bars
Beauty salons
Bowling alleys
Cafes
Churches
Clothing stores
Cocktail lounges
Department stores
Dry goods stores
Drugstores
Fruit stores
Funeral parlors
Furniture stores
Garages
Gift stores
Grocery stores
Hardware and feed stores
Hotels
Insurance stores
Jewelry stores
Laundries, coin-operated
Libraries
Luggage shops
Medical and dental offices
Music shops
Newspaper and magazine publishers
Open spaces
Organization headquarters
Packaged beverage stores
Parking areas
Parks
Personal and business service establishments
Pet stores
Post offices
Professional offices
Public passenger transportation terminals
Radio (without antenna)
Restaurants
Rooming houses
Savings and loan and finance companies
Shoe stores
Sporting goods
Stationery stores
Supermarkets
Theaters
Tobacco and magazine stores
Variety stores
B. 
Conditional uses:
Animal hospitals
Automobile repair
Automobile sales and service
Automobile service stations
Building material sales
Commercial storage
Contractors' offices
Gas stations
Governmental service buildings and functions
Motels
Multifamily and single-family residences and extensions, alterations and restorations of existing multifamily and single-family residences
Nursery schools
Professional laundry and dry-cleaning establishments
Secondhand stores
Wholesale outlets
Other uses similar or customarily incident to the above uses
C. 
Special rules relating to residential uses. It is the stated intent of this chapter to permit the continuation of present residential uses within this district and to permit such extension, alteration and restoration as reasonably necessary to permit the users to provide for additional amenities. It is also the intent of this chapter to permit some additional new residential use particularly in the multifamily variety if in so doing unreasonable restrictions are not created for future commercial use. Any such conditional uses for present residential uses or new residential uses are to be granted conditioned on the waiver by such residential users of encroachment or other alleged items of nuisance which would customarily or reasonably be a part of commercial enterprises permitted within the area or conditionally permitted and the enlargement thereof.
D. 
Lot size: no minimum.
E. 
Building height: four stories or 45 feet maximum.
F. 
Yards: no minimum.
A. 
Permitted uses and structures:
Amusement establishments
Automobile sales and service
Auto service type of establishments
Commercial storage
Establishments serving or selling food and beverages
Garages, public
Gas stations
Motels
Parking
Restaurants
Retail establishments
Taverns
B. 
Conditional uses and structures:
Extensive commercial uses requiring large land areas
Multifamily and single-family residences and extensions, alterations and restorations of existing multifamily or single-family residences
Municipal service buildings and functions
Sewage disposal plants
Theaters, outdoor
Trucking terminals
Other uses similar to or customarily incident to any of the above uses
C. 
Special considerations relating to residential uses. It is the stated intent of this chapter to permit the continuation of present residential uses within this district and to permit such extension, alteration and restoration as reasonably necessary to permit the users to provide for additional amenities. It is also the intent of this chapter to permit some additional new residential use particularly in the multifamily variety if in so doing unreasonable restrictions are not created for future commercial use. Any such conditional uses for present residential uses or new residential uses are to be granted conditioned on the waiver by such residential uses of encroachment or other alleged items of nuisance which would customarily or reasonably be a part of commercial enterprises permitted within the area or conditionally permitted and the enlargement thereof.
D. 
Building:
(1) 
Height: 35 feet maximum.
(2) 
Area: no minimum or maximum.
E. 
Lot size:
(1) 
Width: 100 feet minimum.
(2) 
Area: 1/2 acre.
F. 
Yards:
(1) 
Front: 80 feet (may be parking).
(2) 
Rear: 20 feet.
(3) 
Side: 20 feet.
A. 
Permitted uses and structures.
(1) 
General manufacturing:
Agriculture
Automobile body repairs
Automobile sales and service
Automobile upholstery
Bakeries, commercial
Breweries
Cleaning, pressing and dyeing establishments
Cooperatives
Dairy plants, equipment repairs and storage
Distributors
Farm machinery
Feed mills
Freight goods, freight terminals and transshipment depots
Greenhouses, commercial
Greenways and open spaces
Inside storage
Laboratories
Machine shops
Manufacture and bottling of nonalcoholic beverages
Manufacturing, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food except cabbage, fish and fish products, meat products and toiletries
Mobile home sales
Parking and open areas
Painting
Printing
Publishing
Railroad depots
Storage and sale of lumber, machinery and equipment
Trade and contractors' offices
Warehousing and wholesaling
Similar extensive commercial land users
(2) 
Commercial service facilities. Commercial service facilities, such as restaurants and fuel stations, provided that all such services are physically and sales oriented toward Industrial District users and employees and other users are only incidental customers.
B. 
Conditional uses and structures:
Airports
Bag cleaning
Bleacheries
Bulk gas storage and sales
Canneries
Cold storage warehouses
Disposal areas
Dumps
Earth and sanitary landfill operations
Electric and steam generating plants
Electroplating
Enameling
Excavating operations
Incinerators
Lithographing
Manufacture and processing of abrasives, acetylene, acids, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bond, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrin, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, gypsum, hair products, ink, insecticide, lime products, linoleum, matches, meat, oil cloth, paint, peas, perfume, pickle, plaster of paris, plastics, poison, potash, pulp, pyroxylin, radium, rope, rubber, sausage, seeds, starch, stove polish, textiles, and varnish
Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, radioactive materials, shellac, soap, turpentine, vinegar and yeast
Multifamily and single-family residences and extensions, alterations and restorations of existing multifamily or single-family residences
Offal, rubbish or animal reduction
Oil, coal and bone distillation
Poultry farms
Refineries
Road test facilities
Sewage disposal plants
Slaughterhouses
Smelting
Stockyards
Tanneries
Weaving
C. 
General intent regarding amenities and additional residential use. It is the stated intent of this chapter to permit such extension, alteration and restoration as reasonably necessary to permit the users to provide for additional amenities. It is also the intent of this chapter to permit some additional new residential use particularly in the multifamily variety if in so doing unreasonable restrictions are not created for future commercial use. Any such conditional uses for present residential uses or new residential uses are to be granted conditioned on the waiver by such residential users of encroachment or other alleged items of nuisance which would customarily or reasonably be a part of commercial enterprises permitted or conditionally permitted within the area and the enlargement thereof.
D. 
Outside storage and manufacturing. Outside storage in manufacturing areas, wrecking, junk demolition and scrapyards shall be surrounded by a solid fence or evergreen planting completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential or commercial structures.
E. 
Lot size:
(1) 
Width: 100 feet.
(2) 
Area: 1/2 acre.
F. 
Building height: none.
G. 
Yards:
(1) 
Street: minimum 10 feet.
(2) 
Rear: minimum 30 feet.
(3) 
Side: minimum 10 feet each.
A. 
Permitted uses and structures:
Accessory uses
Fishing, scenic, historic, scientific or wildlife preserve
General farming, provided that no drainage, filling or dredging takes place and no farm buildings are constructed
Greenways and open spaces
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds
Hiking trails and bridle paths
Nonresident buildings used solely in conjunction with the raising of water fowl or fish
Public and private parks and picnic areas
Recreation-related structures not requiring basement
Regulatory signs not over 6 square feet
Sustained yield forestry
Utilities, such as but not restricted to telephone, telegraph and power transmission lines
B. 
Conditional uses:
Boathouses
Campgrounds
Dams
Dredging
Drainage
Farm structures
Filling
Flowages
Golf driving ranges
Multifamily and single-family residences and extensions, alterations and restorations of existing multifamily or single-family residences
Piers
Ponds
Power plants
Relocation of watercourses
Removal of topsoil or peat
Sewage disposal plants
Trailer parks
C. 
It is the stated intent of this chapter to permit the continuation of present residential uses within this district and to permit such extension, alteration and restoration as reasonably necessary to permit the users to provide for additional amenities. It is also the intent of this chapter to permit some additional new residential use particularly in the multifamily variety if in so doing unreasonable restrictions are not created for future commercial use. Any such conditional uses for present residential uses or new residential uses are to be granted conditioned on the waiver by such residential users of encroachment or other alleged items of nuisance which would customarily or reasonably be a part of commercial enterprises permitted within the area or conditionally permitted and the enlargement thereof.
See Chapter 280, Floodplain Zoning, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).