[Amended 3-7-2002 by L.L. No. 1-2002]
Shopping Center Districts are established as districts in which the principal use of land is for commercial and service uses to serve the surrounding residential districts and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding residential districts. For the Shopping Center Districts in promoting the general purposes of this chapter, the specific intent of this section is to:
A. 
Encourage the construction of and continued use of land for neighborhood, commercial and service purpose.
B. 
Prohibit heavy commercial and industrial use of the land and to prohibit any other use which would substantially interfere with the development or continuation of the commercial structures in the district or the residential use of the surrounding area.
C. 
Discourage any use which, because of its character or size, would interfere with the use of land in the district as a shopping and service center for the surrounding residential district.
A. 
Zone I. All that tract or parcel of land situated in the Town of Ellicott, County of Chautauqua and State of New York, bounded and described as follows: Commencing at the intersection of the southerly line of Fairmount Avenue with the easterly line of Avalon Boulevard; running thence easterly along the southerly line of Fairmount Avenue 149.5 feet to a point; thence northerly six feet to a point in the southerly line of Fairmount Avenue; thence easterly along the southerly line of Fairmount Avenue 720 feet to a point; thence southerly and parallel to the easterly line of Avalon Boulevard, 442.5 feet to a point; thence easterly and parallel to the southerly line of Fairmount Avenue, 180 feet to a point; thence southerly and parallel to the easterly line of Avalon Boulevard, 442.5 feet to a point; thence westerly and parallel to the southerly line of Fairmount Avenue, 829.5 feet to a point; thence northerly and parallel to the easterly line of Avalon Boulevard, 300 feet to a point; thence westerly and parallel to the southerly line of Fairmount Avenue 120 feet to a point; thence northerly and parallel to the easterly line of Avalon Boulevard 485 feet to a point; thence westerly and parallel to the southerly line of Fairmount Avenue, 100 feet to a point in the easterly line of Avalon Boulevard; thence northerly along the easterly line of Avalon Boulevard, 100 feet to the point and place of beginning.[1]
[1]
Editor's Note: Former Subsection B, Zone II, which immediately followed this subsection, was repealed 9-15-2008 by L.L. No. 3-2008.
A. 
Uses permitted in the Shopping Center District shall be those now permitted in the Mercantile Districts as listed in § 146-33, excepting those uses not in keeping with the purpose of this section as described in § 146-25.
B. 
Illumination of premises. Any illumination shall be so designed and arranged as to cause no annoying glare and no inconvenience to the surrounding premises. Before any illumination shall be permitted to be placed on said premises, the proponent or proponents shall present a plan for such illumination to the Building Inspector of the Town of Ellicott for his approval. Upon approval of the proposed plan, the proponent or proponents shall prepare and submit a final plan, which shall incorporate any changes or alterations requested by the Building Inspector.
In the Shopping Center District, no building, premises or structure shall be erected, used or maintained which is intended or designed to be used for any industrial use or purpose, or for any use or purpose which is excluded from the Residential, Agricultural-Residential or Industrial District, and except for such uses and purposes which are specifically permitted in such district as provided in this article. The following uses shall also be excluded:
A. 
Open-air movies.
B. 
All open-air amusements and sports.
C. 
All open-air sound amplification.
D. 
All flashing lights except proper traffic signals.
E. 
Shooting galleries and any other activities whatsoever involving continuous or repetitious noise annoying to surrounding residential areas.
F. 
There shall be no storage of goods, display or sale thereof and no storage of vehicles, equipment, containers, and/or waste materials, except within the premises as constructed, except agricultural products displayed within three feet from any building devoted to the sale and display thereof, and in such a way as to minimize obstructions to traffic.
A. 
Maximum lot coverage. Ground area occupied by the principal building or buildings and any accessory buildings shall not exceed 1/5 of the area of the lot.
B. 
Height limitation. No building or group of buildings shall exceed two stories.
C. 
Yards. No building or group of buildings shall be less than 50 feet distant from any lot line.
D. 
Buffer zone requirements. No parking lot shall be less than 30 feet distant from any lot line. Along any property line abutting or adjoining the residential district, the Building Inspector shall require the establishment of buffer zones of such size and of such materials as are necessary to fully safeguard the residential use of adjacent property. Buffer zones shall be used for no other purposes than for said protection and safeguarding of adjacent properties.
All entrances to and exits from any building and/or accessory buildings located in this district shall be on and from the main highway only, and no streets to the sides or rear of premises located within this district shall be open to or used by or for said premises, except in Shopping Center District II, the exits and entrances may be from Fluvanna Avenue or Strunk Road.
All parking facilities to be provided for any buildings and/or accessory buildings erected in this district shall be within the geographical confines of said district and shall be at least three times the gross floor area of the buildings erected within the district. All driveways and parking spaces are to be smoothly graded, hard-surfaced and adequately drained. Surface waters are not permitted to discharge over or onto public sidewalks or roadways or onto other premises. In this district, each occupied premises and its accessory uses shall be provided with adequate space for the loading and unloading of trucks and commercial vehicles serving the premises.