[Amended 2-15-1995 by L.L. No. 3-1995; 8-2-1995 by L.L. No.
4-1995; 10-4-1995 by L.L. No. 5-1995; 10-8-1997 by L.L. No.
3-1997; 8-18-1999 by L.L. No. 2-1999; 3-7-2002 by L.L. No.
1-2002]
A. Zone I. All that portion of the Town of Ellicott beginning
at the intersection of the southerly line of Fairmount Avenue and
the westerly line of Canterbury Road; running thence southerly along
the westerly line of Canterbury Road 192 feet to a point; running
thence westerly parallel to the southerly line of Fairmount Avenue
130 feet to a point; thence southerly 108 feet to a point; thence
westerly and parallel to Fairmount Avenue and 300 feet therefrom 278
feet to a point; thence northerly 30 feet to a point; thence westerly
100 feet to a point in the easterly boundary of Warwick Road; thence
northerly along the easterly boundary of Warwick Road to the southerly
line of Fairmount Avenue; running thence easterly along the southerly
line of Fairmount Avenue to the point and place of beginning.
B. Zone II. All that portion of the Town of Ellicott,
beginning at the northerly line of Fairmount Avenue and the westerly
line of the City of Jamestown; running thence northerly along the
westerly line of the City of Jamestown to the northeasterly point
of Tax Parcel 24-7-16; thence westerly along the northerly boundary
of Tax Parcel 24-7-16, 24-6-17 and 20, 24-5-15 and 17.2 and then continuing
westerly and parallel to Fairmount Avenue and approximately 250 feet
northerly therefrom through Tax Parcels 24-4-5.1, 6, 7, 8, 9 and 11
to the westerly boundary of Tax Parcel 24-4-11; thence southerly along
said line to the northerly boundary of Fairmount Avenue and the southwesterly
boundary of Tax Parcel 24-4-11; thence easterly along the northerly
boundary of Fairmount Avenue to a point directly north of the northwesterly
corner of Tax Parcel 28-12-11; thence southerly across Fairmount Avenue
to said corner; thence continuing in a southerly direction along the
westerly line of said tax parcel to the southwest corner thereof;
thence easterly along the southerly boundary of Tax Parcels 28-12-11
and 12; thence northerly along the easterly boundary of Tax Parcel
28-12-12 to the southwesterly corner of Tax Parcel 28-12-1; thence
easterly and along the southerly boundaries of Tax Parcels 28-12-1;
28-9-13, 14, 15, and 1; 28-6-10, 11 and 1; 28-3-10 and 1; and 28-1-2
to the westerly boundary of the City of Jamestown, being the southeasterly
boundary of Tax Parcel 28-1-2; thence northerly along the westerly
boundary of the City of Jamestown to the point and place of beginning.
C. Zone III. All that portion of the Town of Ellicott
beginning at the intersection of the northerly boundary of Fairmount
Avenue and the easterly boundary of Metcalf Avenue (as such boundaries
are shown on the Tax Maps maintained by the Town of Ellicott dated
October 1963, updated yearly; and all boundaries, lines and distances
are as shown on such maps); thence northerly along the easterly boundary of Metcalf
Avenue a distance of 313 feet to the northwesterly corner of Tax Parcel
23-12-16.2; thence easterly parallel with the northerly boundary of
Fairmount Avenue; and along the northerly boundaries of Tax Parcels
23-12-16.2 and 23-12-14, a distance of 242.8 feet to the northeasterly
corner of Tax Parcel 23-12-14; thence southerly along the easterly
boundary of Tax Parcel 23-12-14 to the northwesterly corner of Tax
Parcel 23-12-10; thence easterly, and parallel with the northerly
boundary of Fairmount Avenue and along the northerly boundary of Tax
Parcel 23-12-10, a distance of approximately 222.5 feet to the westerly
boundary of Houston Avenue and northeasterly corner of Tax Parcel
23-12-10; thence southerly along the westerly boundary of Houston
Avenue a distance of 127 feet to the northeasterly corner of Tax Parcel
23-12-11; thence continuing along the westerly boundary of Tax Parcel
23-12-11 to the southeasterly corner of said Tax Parcel and the point
of intersection of the westerly boundary of Houston Avenue and the
northerly boundary of Fairmount Avenue; thence westerly along the
northerly boundary of Fairmount Avenue and along the southerly boundaries
of Tax Parcels 23-12-11, 12, 13, 14, 15 and 16.1 a distance of 597
feet to the point and place of beginning.
D. Zone IV. All that portion of the Town of Ellicott
beginning at the intersection of the southerly boundary of Fairmount
Avenue and the westerly boundary of Glidden Avenue (as such boundaries
are shown on the Tax Maps maintained by the Town of Ellicott dated
October 1963, updated yearly; and all boundaries, lines and distances
are as shown on such maps); thence southerly along the westerly boundary of Glidden
Avenue a distance of 223 feet to the southeasterly corner of Tax Parcel
27-6-4; thence westerly, parallel to the southerly boundary of Fairmount
Avenue and along the southerly boundaries of Tax Parcels 27-6-4 and
13 and 27-8-4 a distance of 410 feet (including the 50 feet width
of Elmwood Avenue) to the southwesterly corner of Tax Parcel 27-8-4;
thence westerly 100 feet, parallel to the southerly boundary of Fairmount
Avenue through Tax Parcels 27-8-14 and 15, to the southeasterly corner
of Tax Parcel 27-8-9; thence westerly, parallel to the southerly boundary
of Fairmount Avenue and along the southerly boundary of Tax Parcel
27-8-9 a distance of 200 feet to the easterly boundary of Windsor
Place and the southwesterly corner of Tax Parcel 27-8-9; thence continuing
westerly across Windsor Place parallel to the southerly boundary of
Fairmount Avenue a distance of 50 feet to the westerly boundary of
Windsor Place and the easterly boundary of Tax Parcel 27-9-32.1; thence
continuing westerly, parallel to the southerly boundary of Fairmount
Avenue, through Tax Parcel 27-7-32.1 and to its westerly boundary,
a distance of 180 feet to the southeasterly corner of Tax Parcel 27-9-31;
thence northerly along the easterly boundary of Tax Parcel 27-9-31
a distance of 231 feet to the southerly boundary of Fairmount Avenue
and northwesterly corner of Tax Parcel 27-9-32.2, northeasterly corner
of Tax Parcel 27-9-31; thence easterly along the southerly boundary
of Fairmount Avenue and northerly boundary of Tax Parcels 27-9-32.2,
27-8-11, 12, 13, 14, 15, 16 and 1, 27-6-14, 15 and 1, a distance of
940 feet to the point and place of beginning.
E. Zone V. All that portion of the Town of Ellicott beginning
at the intersection of the southerly boundary of Fairmount Avenue
and the westerly boundary of Avalon Boulevard (as such boundaries
are shown on the Tax Maps maintained by the Town of Ellicott dated
October 1963, updated yearly; and all boundaries, lines and distances
hereinafter referred to are as shown on such maps as such maps appear on March 1, 1995); thence southerly
along the westerly boundary of Avalon Boulevard a distance of 102
feet to the southeasterly corner of Tax Parcel 26-3-1; thence westerly
parallel with the southerly boundary of Fairmount Avenue and along
the southerly boundary of Tax Parcels 26-3-1, 2 and 3, a distance
of 200 feet to the southwesterly corner of Tax Parcel 26-3-3; thence
northerly along the westerly boundary of Tax Parcel 26-3-3 and the
easterly boundary of Frederick Boulevard 102 feet to the northwesterly
corner of Tax Parcel 26-3-3; thence to the southerly boundary of Fairmount
Avenue, said point also being the northwesterly corner of 26-3-3;
thence easterly along the southerly boundary of Fairmount Avenue a
distance of 200 feet to the point and place of beginning.
F. Zone VI. All that portion of the Town of Ellicott
beginning at the intersection of the southerly boundary of Fairmount
Avenue and the westerly boundary of Frederick Boulevard (as such boundaries
are shown on the Tax Maps maintained by the Town of Ellicott dated
October 1963, updated yearly; and all boundaries, lines and distances
hereinafter referred to are as shown on such maps as such maps appear on March 1, 1995); thence southerly along the westerly
boundary of Frederick Boulevard a distance of 116 feet to the southeasterly
corner of Tax Parcel 26-8-1; thence westerly parallel with the southerly
boundary of Fairmount Avenue and along the southerly boundary of Tax
Parcels 26-8-1, 9, 8 and 7, a distance of 250 feet to the southwesterly
corner of Tax Parcel 26-3-3; thence northerly along the westerly boundary
of Tax Parcel 26-8-7 and the easterly boundary of Robinson Avenue
116 feet to the northwesterly corner of Tax Parcel 26-8-7; being a
point in the southerly boundary of Fairmount Avenue, said point also
being the point of intersection of the southerly boundary of Fairmount
Avenue and the easterly boundary of Robinson Avenue; thence easterly
along the southerly boundary of Fairmount Avenue a distance of 250
feet to the point and place of beginning.
Permitted uses shall be as follows:
A. Professional offices and uses allowed in residential
districts. For the purpose of this section, a professional office
is defined as a place used to conduct the business of a doctor, attorney,
architect, engineer, public accountant, dentist, surveyor, podiatrist,
chiropractor, veterinarian (except when the veterinarian boards or
houses animals overnight), real estate broker, insurance broker or
mortgage broker, and which has no manufacturing or mercantile purpose,
incidental or otherwise.
B. Subject to the operational conditions of Subsection
A above, permitted uses in this zone shall include the professions recognized and licensed by the New York State Education Department's Office of Professions.
[Added 9-15-2003 by L.L. No. 2-2003]
Excluded use shall be as follows: all uses not
specifically permitted.
A. Maximum lot coverage. Ground area occupied by the
building or buildings, including any accessory, shall not be more
than 15% of the ground area owned or leased or otherwise controlled
by any application for a permit to conduct any approved business in
this district.
B. Building lines. Buildings shall be set back at least
50 feet from the front property line and at least 20 feet from the
side property line.
C. Buffer zone. A buffer zone shall be required in order
to fully safeguard the residential use of all adjoining property.
Notwithstanding the foregoing, such buffer zone shall be at least
20 feet deep from any residential zone and shall consist of trees,
shrubs, hedges or a combination thereof.
D. No entrance to or exit from the property shall be
from the main arterial, wherever feasible.
E. No building or buildings shall exceed 3,000 square
feet total, including any accessory building.
F. Parking lot lines shall be set back at least 30 feet
from the front property line and at least 25 feet from the side and
rear property lines.