This chapter, adopted as part of Local Law No.
1 of 1976, shall be known as the "Zoning and Planning Code of the
Town of Ellicott."
It is the purpose of this chapter to regulate
and restrict the location and use of buildings, structures and land
for trade, industry, mercantile, residence or other purposes within
the portion of the Town of Ellicott outside of the limits of the Incorporated
Villages of Falconer and Celoron; to regulate and restrict the height,
number of stories and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces; to prevent the creation and establishment of
airport hazards thereby protecting the lives and property of users
of airports and the occupants of land adjacent thereto; to reduce
financial burdens imposed on the community, its governmental units
and its individuals by preventing excessive development in areas subject
to periodic flooding; to minimize danger to public health by protecting
water supply and natural drainage; to promote responsible floodproofing
measures within the floodplain; to the end that the value of property
in the Town of Ellicott may be preserved and the most appropriate
use of the land may be encouraged, to provide for the future growth,
protection and development of the township and to conserve, protect
and promote the public health, safety, morals and general welfare
of the community.
[Amended 1-15-2018 by L.L. No. 1-2018]
No building or structure shall hereafter be
erected, altered, reconstructed, moved or used in the Town of Ellicott
outside the limits of the Incorporated Villages of Falconer and Celoron,
nor shall any premises therein be used except in conformity with the
provisions of this chapter; and no plat showing new streets or highways
within that part of the Town of Ellicott outside the limits of such
incorporated villages shall hereafter be filed or recorded in the
office of the County Clerk of the County of Chautauqua except after
it is approved by the Zoning Board of Appeals, subject to the provisions
of § 276 of the Town Law.
The boundaries of these districts are hereby
established on a map entitled the "Zoning Map of the Town of Ellicott,"
which map accompanies and is hereby declared to be part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
The following words, terms and phrases as used
in this chapter are defined as follows:
A use or building located on the same premises and customarily
utilized for a use incidental to the principal use of the premises.
[Amended 9-5-1990 by L.L. No. 2-1990]
Businesses in which a substantial or significant portion
of the premises are used to present material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
activities or anatomical areas.
[Added 3-7-2002 by L.L. No. 1-2002]
Any structure, tree or use of the air space or elements which
obstructs or interferes with the air space, communications or signaling
required for the flight of aircraft in landing or takeoff at any airport,
or is otherwise hazardous to such landing or taking off of aircraft.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another; the term "alter" in its
various modes and tenses and its participal form, refers to the making
of an "alteration."
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
The line extended to each side lot line from the outermost
point of any part of any buildings or structure, including porches
and steps, and parallel to the street line.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard-type
roofs and to the mean height between eaves and ridge for gable-, hip-
and gambrel-type roofs.
The Building Inspector of the Town of Ellicott.
A line formed by the intersection of a horizontal plane of
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
section of a building or projected roof or porch, the vertical plane
will coincide with the most projected surface. All yard requirements
are measured to the "building line."
The line extended to the side lot lines parallel to the building
front line from the rearmost point of any part of the building.
The line extended to the building front line and the building
rear line from the outermost point of any part of the building, and
parallel to the side wall of the building.
Includes the purchase, sale or transaction involving the
disposition of any article, substance or service, offices or recreational
or amusements enterprises conducted for profit, and business establishments
of every nature.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
Includes any structure placed on separate foundations and
not having a common wall with another structure.
Domesticated sheep, horses, cattle, goats, swine, fowl, duck,
geese, turkeys, confined domestic hares and rabbits, and pheasants
raised in confinement.
Four wheels mounted on the rear axle of a vehicle.
Includes areas for the deposit of garbage, waste and refuse
except so-called sanitary landfill areas for the disposal of garbage,
waste and refuse approved by the Town Board for the use of residents
of the Town of Ellicott separately or jointly with residents of other
municipal corporations.
One or more rooms providing living facilities, including
equipment and provisions for cooking for a single household, including
one or more persons living as a family and wherein not more than two
people are sheltered and/or fed for profit.
The program authorized by the 1968 Act, as amended. [NOTE:
Refers to the National Flood Insurance Act of 1968 (42 U.S.C. §§ 4001
— 4127).] This program allows communities to become eligible
without the need of a detailed rate study. This is an interim program.
[Amended 9-5-1990 by L.L. No. 2-1990]
Includes any number of individuals living together as a single
housekeeping unit.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water or from abnormally rising lake
waters resulting from severe storms or hurricanes.
The Official Map received from the Federal Insurance Administration
by each community that has a flood hazard problem. Upon receipt of
this map, the community should consider itself officially notified
of its potential flooding conditions.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
or any area subject to the unusual and rapid accumulation of runoff
or surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The level and elevation above which a particular use will
be considered safe from flooding. Such estimates are updated with
the one-hundred-year-flood elevation. Such elevation will be designated
at various points on the Official Map.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude.
The designated area of a floodplain adjacent to the floodway
and within the one-hundred-year-special-flood-hazard area.
The front of a lot shall be the line of the lot corresponding
with, or approximately parallel to and nearest to, the street or lake
on which the lot fronts as determined by the assessment roll.
A secondary building used in conjunction with a primary building
which provides for the storage of not more than three motor vehicles
in an area not exceeding 1,000 square feet and in which no occupation,
business or services for profit are carried on.
[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No.
1-2002]
Any garage, other than a private garage, operated for gain,
or available on rental basis for the storage or repair of motor vehicles,
including the supply of gasoline and oil.
Includes the maximum height or elevation of said object above
the elevation of the nearest portion of any landing strip or approach
zone.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly accessory
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof. There shall be no exterior
evidence of such secondary use other than a small nameplate no larger
than two square feet. The conducting of a clinic, hospital, tearoom,
tourist home, animal hospital or similar use shall not be deemed to
be a "home occupation." A "home occupation" shall emit no offensive
noise, vibration, smoke, dust, odors, heat or glare.
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, sanatorium, preventorium, clinic, home,
nursing home and convalescent home and shall be deemed to be limited
to places for the diagnosis, treatment or other care of human ailments.
Any motor vehicle, except farm vehicles, which is unlicensed
or unregistered and which is wrecked and not in condition for legal
use on the public highways or which is in the process of being dismantled.
Includes the area 500 feet in width from the center line
of each landing strip of a Zone I airport and 250 feet in width from
the center line of each landing strip of any other airport zone, and
the taxiways and areas shown upon the airport approach zoning map.
Shall include all areas for landing and takeoffs of conventional
fixed-wing aircraft, including runways, whether paved or unpaved,
but not including taxiways or parking stands.
Any piece of mobile equipment designed or constructed to
be towed, pulled by a motor vehicle or self-propelled, regardless
of whether the wheels are attached or unattached or a permanent or
semipermanent foundation is constructed underneath, or any structure
of a permanent or semipermanent nature is attached thereto, and intended
for human occupancy.
A tract of land used or intended to be used for the parking
of two or more mobile homes, together with the necessary improvements
and facilities on the land.
[Amended 9-5-1990 by L.L. No. 2-1990]
Any area of land, including structures therein, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles.
A use not conforming with the purpose or limitations prescribed
in this chapter for the district in which it occurs.
Any wall, dam, wharf, embankment, levee, dike, pike, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or matter in, along,
across or projecting into any channel, watercourse or regulatory flood
hazard area which may impede, retard or change the direction of the
flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow of water might
carry the same downstream to the damage of life or property.
A required off-street "parking space" shall be an area of
not less than 200 square feet nor less than nine feet wide by 18 feet
long, exclusive of access drives or aisles, ramps, columns or office
and work areas, accessible from streets or alleys and to be used for
the storage or parking of passenger automobiles or commercial vehicles
under 1Â 1/2 tons capacity. Aisles between vehicular parking spaces
shall not be less than 12 feet in width when serving automobiles parked
at a forty-five-degree angle in one direction nor less than 20 feet
in width when serving automobiles parked perpendicular to the aisles
and accommodating two way traffic.
[Amended 9-5-1990 by L.L. No. 2-1990]
A written approval from the Town Building Inspector or Board
of Appeals, when authorized by this chapter or the Town Board, to
construct or alter a structure or building.
[Amended 9-5-1990 by L.L. No. 2-1990]
A structure in excess of 200 square feet which has no foundation
or cement footers for support and is permanently affixed to real property.
[Added 4-5-1978 by L.L. No. 2-1978]
Towers with or without antennas, cables and accessory structures,
used in connection with the provision of digital and/or analog cellular
telephone service, personal communications services, paging services,
radio, television or similar broadcast services.
[Added 3-7-2002 by L.L. No. 1-2002]
The permanent program which is entered only after detailed
flood information is provided by the Federal Insurance Administration,
e.g. Floodway/Floodway Fringe Area, Flood Insurance Rate Map.
A building used or designed for three or more dwelling units,
including apartment houses, condominiums and townhouses.
A detached building designed to contain one dwelling unit.
Either of the following:
ONE-STORY RESIDENTIAL BUILDINGA building having a vertical distance between floor and ceiling of not less than seven feet eight inches on one level or floor, not including the basement or cellar, the measurement of such vertical distance being made along the studs forming each of the exterior walls.
TWO-STORY RESIDENTIAL BUILDINGA building having a vertical distance between floor and ceiling of not less than seven feet eight inches on the first level or floor; and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor, and a vertical distance along the studs forming each of the exterior walls of the upper level above the floor, of not less than five feet, and such walls being set or erected not less than the distance apart of the exterior walls of the first level or ground floor; not including the basement, cellar or wings of one story.
STORY-AND-A-HALF RESIDENTIAL BUILDINGA building having a vertical distance between floor and ceiling of not less than seven feet eight inches, on the first level or floor, and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor, and a vertical distance of not less than three feet six inches along the studs forming the exterior walls of the rooms of thee upper level or floor, such exterior walls being set or erected nor less than 2/3 the distance apart of the exterior walls of the first level or ground floor, not including the basement, cellar or wings of one story.[1]
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years, i.e., that has a one-percent
chance of being flooded each year; the one-hundred-year flood.
Includes any alteration whereby a building is changed or
is adapted to another or a different use and to any alteration or
repair which would violate any of the regulations applicable to the
district wherein the same is located, if the said building or other
structure were entirely constructed or so altered at the time such
alterations or repairs are made.
Includes a building or any object constructed or erected
other than a walk or driveway which is attached to any structure.
It includes all signs and billboards, tents, trailers or vehicles
used or designed for use as living quarters, temporary stands, booths
or shelters for the sale, storage or exhibition for sale of merchandise
or products of any kind, and includes walls or fences in excess of
five feet in height.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the actual cash value of
the structure either before the improvement is started or, if the
structure has been damaged and is being restored, before the damage
occurred.
Includes any tree, shrub or other object of natural growth.
Includes the purpose for which any structure or any part
thereof and the premises or any part thereof is occupied or employed
or, if unoccupied, the purpose for which they are intended to be occupied
or may be occupied.
Permissive waivers from the terms of this chapter, as will
not be contrary to the public interest, where, owing to special conditions,
a literal enforcement of the provisions of this chapter will result
in unnecessary hardship, so that the spirit of this chapter shall
be observed and substantial justice done and granted by the Board
of Appeals.
[1]
Editor's Note: The definitions of "sign,"
"advertising sign," "sign area," "sign or billboard," and "nameplate
sign," which immediately followed this definition, were repealed 10-5-1988
by L.L. No. 3-1988.
