Buchanan City Zoning Code
ARTICLE IV
Use Regulations
§ 211-9 General provisions.
The general regulations affecting the use of buildings, structures and land for each of the districts established by Article III are hereby established and set forth in this article.
§ 211-10 Schedule of Use Regulations.
[Amended 3-6-1989 by L.L. No. 2-1989]
The accompanying table entitled "Schedule of Use Regulations, § 211-10," shall be deemed part of this section and is referred to herein as "Use Table."[1]
[1]
Editor's Note: The Schedule of Use Regulations, § 211-10, is included at the end of this chapter.
§ 211-11 Prohibited uses.
[Added 3-6-1989 by L.L. No. 3-1989]
All uses not specifically listed in § 211-10 as permitted are prohibited in all locations within the Village of Buchanan. The following specifically prohibited uses included within this section are for enumeration and not limitation. Prohibited uses shall include but not be limited to the following:
A.
Manufacturing uses involving primary production of the following products from raw materials:
(1)
Asphalt, cement, charcoal and fuel briquettes.
(2)
Chemicals; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric and sulfuric acids.
(3)
Coal, coke and tar products, including gas manufacturing; fertilizers; gelatin, glue and size; gypsum, plaster of paris and cement.
(4)
Linoleum, oilcloth, matches, paints, varnishes and turpentine.
(5)
Rubber, natural or synthetic; soaps, including fat rendering; and starch.
B.
The following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp and fiber, including paper mill operations.
C.
Operations involving stockyards and slaughterhouses, grain elevators, slag piles and the keeping, breeding and raising of pigs for commercial purposes.
D.
Storage or manufacture of explosives or fireworks.
E.
Bulk or wholesale storage of gasoline or other petroleum products above the ground.
F.
Dumps, sanitary landfills and junkyards.
G.
Incineration of waste materials.
H.
Disposal of septic or sewage wastes or other waste materials.
I.
Any other use, whether specified above or not, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke, vibration, gas, radiation, noise or any other factor that is dangerous to the comfort, peace, enjoyment, health or safety of the area or the community.
J.
Freestanding water towers and freestanding water tanks, located below, on or above the ground.
K.
Auto wrecking yards, drive-in theaters, commercial breeding or raising of animals for any purpose, canning or processing of fish.
L.
Adult entertainment business uses.
[Added 7-17-1995 by L.L. No. 1-1995]
(1)
Purposes and considerations.
(a)
In the execution of this subsection it is recognized, after due deliberation and review of studies and empirical evidence, as well as an assessment and review of the unique composition of the community and available usable lands within the Village, that there are some business uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their presence in specific areas and concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to or result in the blighting or downgrading of the surrounding neighborhoods or land uses.
(b)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Buchanan.
(c)
This subsection is necessary to accomplish the purposes of restricting the locations of adult entertainment business uses and preventing a concentration of these uses within the Village which is inconsistent with the existing development and future planning development of the land and properties within the Village of Buchanan and restricting their accessibility to minors.
(d)
It is further recognized that, due to the composition of the existing land uses in the Village, the establishment of an adult entertainment business use within the Village would bring it into close proximity to residential zones, religious facilities and/or public and municipal lands and uses, thereby heightening the potential for deleterious impacts upon the community. In addition, it is further recognized that provision has been made in surrounding communities for such uses and that such need is being met on a regional basis.
(2)
Restrictions. Adult entertainment business uses, as defined herein, shall not be permitted to exist in the Village of Buchanan.
(3) ADULT BOOKSTORE or ADULT VIDEO STORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT BUSINESS USE ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER BUSINESS MASSAGE ESTABLISHMENT MINOR PEEP SHOWS PERSON SEXUAL ACTIVITIES SEXUAL ANATOMICAL AREAS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
An establishment having as a substantial portion of its stock-in-trade books, magazines, other periodicals, recordings, films, slides, videotapes or other viewing materials and/or merchandise or other items for sale or viewing, on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and/or which establishment is customarily not open to the public generally but excludes any minor by reason of age. For the purpose of this definition only, "substantial" shall mean comprising an area that is 30% or more of the total floor area of such premises.
A drive-in theater that customarily presents motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and/or that is not open to the public generally but excludes any minor by reason of age.
Any use constituting an adult bookstore, adult video store, adult drive-in theater, adult entertainment cabaret, adult motel, adult theater, massage establishment or peep show, as those terms are defined herein.
A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons, in their rooms, films, slide shows or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and/or which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films, videotapes or slide shows which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and/or that is not open to the public generally but excludes any minor by reason of age.
Any person, firm, association, partnership, corporation or other entity engaged in activities and/or operation, whether for profit or not-for-profit.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. The term "massage" is defined as a method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument. The definition of such an establishment shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
Any person under the age of 18 years.
A theater or other establishment which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.
Any act of masturbation, fellatio, sodomy, sexual intercourse or fondling or erotic touching of a person's genitals, pubic area, buttocks or breast.
§ 211-12 Uses permitted at time of preexisting applications.
[Added 6-5-1989 by L.L. No. 5-1989]
A.
The amendments to this chapter contained in § 211-10 shall not govern, apply to or limit the following specific uses permitted at the time of any application for subdivision approval or site plan approval which was filed before the Village Board of Trustees or Zoning Board of Appeals on or prior to July 5, 1988:
(1)
With respect to property now described on the Village Tax Assessment Map as Section 5, Block 34, Lot 1, the following specific uses are exempted from § 211-10 and are hereby permitted: mixed-use light industry, light manufacturing, assembly, laboratories, storage and warehouse uses and office and accessory uses incidental thereto.
(2)
With respect to property now described in the Village Tax Assessment Map as Section 5, Block 35, Lots 1 and 2, the following specific uses are exempted from § 211-10 and are hereby permitted: concrete batching facility, together with retail and wholesale sales and storage, office and accessory uses incidental thereto.
§ 211-13 Rules for use of Use Table. [1]
A.
The Use Table is divided into columns, with each column headed by a number for reference. Horizontal lines divide the regulations for one district from those of another.
B.
In the Use Table, the words "same as," followed by the symbol of the district, shall be construed to include all of the matter set forth in the same column for the district or districts thus referred to, thereby incorporating such matter by reference. Where reference is made to uses in other columns, such uses shall be those of the same district in which such reference occurs.
[1]
Editor's Note: The Schedule of Use Regulations, § 211-10, is included at the end of this chapter.