The following zoning districts are hereby established:
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.
D.
Building height: 30 feet maximum.
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.
D.
Building height: 35 feet maximum.
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.
D.
Building height: maximum 45 feet or four stories,
whichever is the least.
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.
E.
Building height: 35 feet maximum except for barns,
silos and other buildings and others which are customarily higher
and accessory uses to farming.
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.
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.
F.
Building height: none.
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.
