Town of Ellicott, NY Article II Residential Districts

§ 146-6 Boundaries.

A. Zone I. All that portion of the Town of Ellicott, beginning at a point at the Jamestown City line in the center of the Lakewood Road, also known as Fairmount Avenue; thence northerly along said city line to the Celoron Village line; thence westerly along the said Celoron Village line to the center of Jackson Avenue; thence northerly along Jackson Avenue and said village line to the center of Livingston Avenue; thence westerly along said village line to Chautauqua Lake; thence westerly along Chautauqua Lake to the Busti Town line; thence southerly along said Busti Town line to a point 1,000 feet, plus or minus, south of the north line of Lot No. 64 of the Holland Land Company Survey (which is approximately 90 feet south of the southerly boundary of Orchard Read); thence easterly and 1,000 feet, plus or minus, south, parallel to the north line of Lot No. 64 Holland Land Company Survey, to a point 600 feet east of the aforementioned Lot No. 64; thence southerly 970 feet, plus or minus, to a point; thence easterly to a point which is 320 feet west, measured at right angles from the center of Howard Avenue to the Town of Busti line (also the south line of Lot No. 56 of Holland Land Company Survey); thence easterly to the southeast corner of Lot No. 56 of the Holland Land Company Survey; thence north along the east line of Lot No. 56 Holland Land Company Survey to the northeast corner thereof; thence westerly to the southwest corner of the City of Jamestown; thence northerly along the west line of the City of Jamestown to the place of beginning; except therefrom the portion thereof included within the Mercantile, Industrial, Neighborhood Business, Shopping Center and Professional Office Districts hereinafter described.

B. Zone II. All that portion of the Town of Ellicott, beginning at the center line of Strunk Road and New York Highway 17, running thence westerly along the center line of New York Highway 17 approximately 800 feet, running thence southerly to the north shore of Chautauqua Lake, thence westerly along the shore of Chautauqua Lake to the center line of the Ellicott, Ellery Town line; thence northerly along the Town line to the south boundary of the Southern Tier Expressway; thence easterly along the south boundary of the Southern Tier Expressway to the center line of Strunk Road; thence southerly along the center line of Strunk Road to a point and place of beginning; except and reserving therefrom that portion zoned for Shopping Center District as described in § 146-23B, Zone II.

C. Zone III. Beginning at a point in the northerly boundary of the City of Jamestown, at the intersection of said city line with the southwesterly boundary of Town of Ellicott Tax Parcel No. 5-1-60.2 and being the point of intersection of the easterly boundary of New York State Route 60 with said northerly boundary; thence northerly 302 feet along the westerly boundary of Tax Parcel No. 5-1-60.2 to a point; thence still northerly 188 feet along the westerly boundary of Tax Parcel No. 5-1-60.2 to a point, said point being at the intersection of the easterly boundary of New York State Route 60 and the southerly boundary of New York State Route 17, the Southern Tier Expressway (being the eastbound entranceway of same); thence northeasterly along the northerly boundary of Tax Parcel No. 5-1-60.2 and the southerly boundary of New York State Route 17 a distance of 427 feet to the northeasterly corner of Tax Parcel No. 5-1-60.2 and the northwesterly corner of Tax Parcel No. 5-1-60.1; thence northeasterly along the northerly boundary of Tax Parcel No. 5-1-60.1 and the southerly boundary of New York State Route 17 to a point, said point being in the easterly boundary of Lot No. 36 of the Holland Land Company Survey, which point is also the northeasterly corner of Tax Parcel No. 5-1-60.1 and which point is 840 feet northerly of the intersection of said lot line with the northerly boundary of the City of Jamestown; thence northerly along the easterly boundary of Lot Nos. 36 and 37 of the Holland Land Company Survey to the northeast corner of Lot No. 37 of the Holland Land Company Survey, running thence westerly along the northerly boundary of Lot Nos. 36 and 45 to the northwest corner of Lot No. 45; thence southerly along the westerly boundary of Lot Nos. 45 and 44 to the north line of the Southern Tier Expressway; running thence southeasterly along the northerly line of the Southern Tier Expressway 2,300 feet, plus or minus, to a point; thence easterly 700 feet, plus or minus, to a point; thence southerly to the northwest corner of the City of Jamestown; thence easterly along the north boundary of the City of Jamestown to the point and place of beginning; except that portion zoned Mercantile as described in § 146-17, Zones III, IV and VI.

[Amended 9-21-1988 by L.L. No. 2-1988]

D. Zone IV. All that portion of the Town of Ellicott, beginning at the center of Willard Street Extension at its intersection with the easterly boundary of the City of Jamestown; running thence southerly along said city line to a point 1,320 feet distant from the point of beginning; running thence easterly parallel with the center line of said Willard Street Extension and 1,320 feet distant therefrom to a point 1,000 feet easterly from the east line of Lot No. 9 of the Holland Land Company Survey, running thence northerly and 1,000 feet east of the easterly line of Lot Nos. 9 and 10 to a point 300 feet northerly measured at right angles from the center line of Buffalo Street Extension; running thence northwesterly parallel with the center line of Buffalo Street Extension and 300 feet northerly therefrom, to the easterly boundary of said City of Jamestown: running thence southerly along said city line to the point of beginning.

§ 146-7 Permitted uses.

[Amended 4-22-1998 by L.L. No. 4-1998; 3-7-2002 by L.L. No. 1-2002]

In the Residential District, no building, premises or structure may be designed, erected, altered, used or maintained for any purpose other than for one of the following uses and accessory uses:

A. A dwelling house for one or two families with an attached or detached garage for the private storage of up to three vehicles.

B. Playgrounds, piers, private boathouses, and private bathing beaches.

C. Accessory uses: quarters for servants employed upon the premises, buildings for private horticultural purposes, outdoor storage of not more than one each of the following: boat, boat trailer, camp trailer, noncommercial trailer owned for personal use by a resident on the premises, playhouse, tool or garden shed, any form of agriculture or horticulture, private swimming pool,* radio/TV antenna not to exceed 30 feet in height from the ground elevation at the nearest point to the antenna, and other customary accessory uses.

* NOTE: Refer to Article XIIA for additional limitations.

§ 146-8 Excluded uses.

[Amended 9-5-1990 by L.L. No. 2-1990; 4-22-1998 by L.L. No. 4-1998]

All uses not specifically permitted are excluded.

§ 146-9 Special permit uses.

[Amended 12-19-1979 by L.L. No. 4-1979; 9-5-1990 by L.L. No. 2-1990; 4-22-1998 by L.L. No. 4-1998; 6-16-1999 by L.L. No. 1-1999; 3-7-2002 by L.L. No. 1-2002]

Uses permitted under special permits are:

A. Owner-occupied inns with no more than five rooms for rent on a nightly basis and serving no food after 11:00 a.m.

B. Home occupations.*

* NOTE: Refer to Article XI for additional limitations.

C. Apartments, multiple dwellings and group housing.

D. Others: schools, places of worship, public parks, police and fire stations.

§ 146-10 (Reserved) [1]

[1] Editor's Note: Former § 146-10, Horticultural accessory uses, as amended, was repealed 4-22-1998 by L.L. No. 4-1998.

§ 146-11 Bulk regulations.

[Amended 9-5-1990 by L.L. No. 2-1990; 4-22-1998 by L.L. No. 4-1998; 3-7-2002 by L.L. No. 1-2002]

A. Front, side and rear lines. Except as above provided, the building front line of any dwelling in any residential district shall be at least 25 feet from the highway right-of-way. The building rear line of any dwelling house in any residential district shall be at least 15 feet from the real property line of the lot,* and the building side line shall be at least five feet from the side property line.

* NOTE: For special restrictions on property on floodplains, see Article X.

B. Garages. No private garage shall hereafter be erected on the front 1/2 of any premises in any residential district unless it forms an integral part of the dwelling erected thereon. A detached private garage shall be erected not closer than five feet from the side and rear lot lines, unless permission is granted by the Board of Appeals to erect such garage nearer to such lines. A detached private garage on a corner lot shall not be erected closer to any highway line than the building front line upon such highway.

C. Building area requirements.

(1) In any residential district, no two-story residential building and no story-and-a-half residential building, as herein defined, shall be hereafter erected unless it shall occupy a building area of at least 600 square feet, and no one-story residential building shall hereafter be erected unless it shall occupy a building area of at least 900 square feet.

(2) In determining the number of square feet occupied by such residential building, the measurements shall be made along the exterior of the main foundation wall of the building at the ground level. In determining the number of square feet occupied by such residential building, there shall be excluded any portion thereof occupied by a porch, areaway or other structure erected on trench foundations and further excluded therefrom any area occupied by a garage, whether detached or forming a part of said building.