Zoneomics Logo
search icon

Black Earth Village
City Zoning Code

ARTICLE V

Zoning Districts and Maps

§ 310-21 Districts established.

The following zoning districts are hereby established:
A. 
Residential districts.
(1) 
R-1 Single- and Two-Family Residential District.
(2) 
R-2 Medium-Density 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.

§ 310-22 Maps; interpretation of boundaries.

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 Official Zoning 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.
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 Official Zoning Map 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 (LOMA) has been issued by the Federal Insurance Administration of the Federal Emergency Management Agency.
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.

§ 310-23 R-1 Single- and Two-Family Residential District.

A. 
Permitted uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
C. 
Lot size and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-24 R-2 Medium-Density Residential District.

A. 
Permitted uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
C. 
Other requirements.
(1) 
The floor area ratio shall be not more than 2.0. "Floor area ratio" as used herein means the maximum square footage of total floor area permitted for each square foot of land area.
(2) 
The recreation space ratio shall be not less than 0.05 (5% of the site). "Recreation space ratio" as used herein means the minimum square footage of recreation space required for each square foot of floor area. It is included under the open space ratio.
(3) 
The open space ratio shall be not less than 0.10 (10% of the site). "Open space ratio" in this subsection means the minimum square footage of open space required for each square foot of floor area. The recreation space ratio is included within the open space ratio (as 50% of the open space ratio).
D. 
Lot size and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-28 B-1 General Commercial District.

A. 
Permitted uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses: Please read Attachment 2: Permitted and Conditional Uses Chart.
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 and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-29 B-2 Highway Commercial District.

A. 
Permitted uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
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. 
Lot size and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-30 Industrial District.

A. 
Permitted uses and structures. Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
C. 
General intent regarding amenities: 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. Any such conditional uses for present 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 and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-31 Conservancy District.

A. 
Permitted uses and structures: Please read Attachment 2: Permitted and Conditional Uses Chart.
B. 
Conditional uses: Please read Attachment 2: Permitted and Conditional Uses Chart.
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. Any such conditional uses for 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 the uses permitted within the area or conditionally permitted and the enlargement thereof.
D. 
Lot size and standards: Please view Attachment 1: Bulk Standards Table.

§ 310-32 Floodplain districts.

See Chapter 280, Floodplain Zoning, of this Code.