[Amended 7-18-1984 by L.L. No. 2-1984; 9-5-1990 by L.L. No.
2-1990; 5-19-1993 by L.L. No. 1-1993; 3-2-1994 by L.L. No.
2-1994; 6-15-1994 by L.L. No. 5-1994; 10-18-1997 by L.L. No.
3-1997; 5-6-1998 by L.L. No. 5-1998; 12-2-1998 by L.L. No.
9-1998; 12-20-2000 by L.L. No. 8-2000; 3-7-2002 by L.L. No.
1-2002]
A.
Zone I. All that portion of the Town of Ellicott beginning
at a point in the center line of Fluvanna Avenue and the westerly
boundary of the City of Jamestown; thence northerly along the westerly
boundary of the City of Jamestown and on a line extended northerly
to the southerly boundary of the Southern Tier Expressway; thence
westerly along the southern boundary of the Southern Tier Expressway
to the center line of Strunk Road; thence southerly along said center
line to Strunk Road to the center line of Fluvanna Avenue, thence
westerly along the center line of Fluvanna Avenue, 850 feet, plus
or minus, to a point; thence southerly along the westerly line of
Tax Map Parcel Nos. 18-1-1; 19-1-13; and 18-1-14; to the outlet of
Chautauqua Lake, thence easterly along the outlet of Chautauqua Lake
to the westerly boundary of the City of Jamestown; thence northerly
along said boundary to the place of beginning.
B.
Zone II.
(1)
All that portion of the Town of Ellicott beginning
at the center line of Route 394 and the northerly line of the Village
of Falconer, running thence southeasterly along the northerly line
of the Village of Falconer to the center of the Chadakoin River; thence
easterly along the center of the river to the Town of Poland line;
thence northerly along said Town line to the southerly line of the
Southern Tier Expressway; thence westerly along the Southern Tier
Expressway to the easterly line of Tax Parcel No. 13-2-18; thence
south to the center line of Route 394; thence southwesterly long the
center line of Route 394 to the point and place of beginning.
(2)
Beginning on the southerly line of Interstate 86 (Southern
Tier Expressway) at the northeasterly corner of Tax Lot 13-2-18.2.2;
thence southerly to the southerly corner of Tax Lot 13-2-19.3; thence
northwesterly to the westerly corner Tax Lot 13-2-18.2.4; thence northeasterly
along the northwesterly line of Tax Lot 13-2-18.2.4 to the northerly
line of Tax Lot 13-2-18.2.3; thence westerly along the northerly line
of Tax Lot 13-2-18.2.3 to the southeasterly line of Tax Lot 13-2-18.2.1;
thence southwesterly to the southerly corner of Tax Lot 13-2-18.2.1;
thence northwesterly to the westerly corner of Tax Lot 13-2-18.2.1;
thence northeasterly to the northerly corner of Tax Lot 13-2-18.2.1;
thence northwesterly to the westerly corner of Tax Lot 13-2-18.2.2;
thence easterly to the point or place of beginning, and containing
six acres of land more or less.
[Added 3-7-2005 by L.L. No. 1-2005]
C.
Zone III. All that tract or parcel of and between
the Southern Tier Expressway on the north, the Jamestown City line
on the south, North Main Street on the east and West Oak Hill Road
on the west, with a buffer zone on the Jamestown City line consisting
of fence and shrubs, as development occurs; and, as a part thereof.
D.
Zone IV. All that portion of the Town of Ellicott
beginning at a point in the center of N.Y.S. Route 60, which point
is 1,985 feet, plus or minus, north of the Jamestown City line and
directly west of the southwesterly corner of Tax Parcel 5-1-59.1;
running thence easterly to the southwesterly corner of Tax Parcel
5-1-59.1; thence continuing easterly and along the southerly boundary
line of Tax Parcel 5-1-59.1 and Tax Parcel 5-1-59.2 to the southeasterly
corner of Tax Parcel 5-1-59.2; thence northerly along the easterly
boundary lines of Tax Parcels 5-1-59.2 and 5-1-56.2 to the northeasterly
corner of Tax Parcel 5-1-56.2; thence westerly along the northerly
boundary line of Tax Parcel 5-1-56.2 to a point 350 feet plus or minus,
which point is 750 feet east of the easterly boundary of N.Y.S. Route
60; thence northerly and parallel to the easterly boundary of N.Y.S.
Route 60, and 750 feet easterly therefrom, a distance of approximately
6,035 feet to the northerly boundary line of Tax Parcel 5-1-31; thence
westerly and along the northerly boundary line of Tax Parcel 5-1-31
to the northwesterly corner thereof; thence continuing westerly and
across N.Y.S. Route 60 to the northeast corner of Tax Parcel 5-1-30;
thence continuing westerly and along the northerly boundary line of
Tax Parcels 5-1-30 and 5-1-29.2 approximately 368 feet west of the
westerly boundary of N.Y.S. Route 60 to the northwesterly corner of
Tax Parcel 5-1-29.2; thence southerly and parallel to the westerly
boundary of N.Y.S. Route 60, and 368 feet westerly therefrom, to the
point of intersection with the northerly line of Tax Parcel 5-1-28.1;
thence westerly and directly to the northwesterly corner of Tax Parcel
5-1-28.1; thence southerly, and along the westerly boundary of Tax
Parcels 5-1-28.1, 5-1-34.1 and 5-1-87 to a point where the westerly
boundary of Tax Parcel 5-1-87 intersects with a line drawn parallel
to the easterly boundary of West Oak Hill Road, and 900 feet easterly
therefrom; thence southeasterly, parallel to West Oak Hill Road, and
900 feet easterly therefrom, to the southerly boundary of Tax Parcel
5-1-65; thence easterly and along the southerly boundary thereof to
the southeasterly corner thereof; thence northerly and along the easterly
boundary of Tax Parcel 5-1-65 to a point directly west of the point
and place of beginning; thence easterly to the point and place of
beginning.
(1)
Addition to Zone IV. Beginning on the easterly boundary
of New York State Route 60 at the intersection thereof with the northerly
line of Tax Parcel 5-1-31; thence easterly along the northerly line
of said Tax Parcel 5-1-31 a distance of 750 feet; thence northerly
and parallel with said easterly boundary of N.Y.S. Route 60 to the
northerly line of Tax Parcel 5-1-18; thence westerly along the northerly
line of said Tax Parcel 5-1-18 a distance of 750 feet to said easterly
line of N.Y.S. Route 60; thence southerly along said easterly boundary
of N.Y.S. Route 60 to the point or place of beginning.
[Added 11-17-2003 by L.L. No. 4-2003]
(2)
Beginning on the northerly boundary of Interstate
86 (Southern Tier Expressway) at the point located a distance of 700
feet easterly from the center line of West Oak Hill Road; thence due
north a distance of about 400 feet to a point located 900 feet easterly
from the easterly boundary of West Oak Hill Road; thence southeasterly
parallel with West Oak Hill Road to a point on the northerly boundary
of Interstate 86, said point being located a distance of about 650
feet westerly from the westerly boundary of New York State Route 60
(North Main Street Extension); thence westerly a distance of about
300 feet along the northerly boundary of Interstate 86 to the point
or place of beginning, and containing 1.5 acres of land more or less.
[Added 3-7-2005 by L.L. No. 2-2005]
E.
Zone V. Beginning at the center line of Strunk Road
and the north bounds of the Southern Tier Expressway, thence westerly
along the northerly bounds of the Southern Tier Expressway to a point
which is 786 feet, plus or minus, easterly of the west bounds of Lot
No. 52 of the Holland Land Company Survey, thence northerly 1,050
feet, plus or minus, to the north boundary of Lot No. 52 of the Holland
Land Company Survey, thence easterly along the north line of Lot No.
52 to a point intersected by the southeasterly line of Tax Parcel
No. 4-1-6.3; thence southeasterly to a point on the northerly line
of the Southern Tier Expressway 480 feet east of the center line of
Strunk Road, measured at right angles thereto; thence westerly along
the northerly line of the Southern Tier Expressway to the point of
beginning.
F.
Zone VI. All that portion of the Town of Ellicott
beginning at the intersection of the northerly boundary of Fairmount
Avenue and the easterly boundary of the Town of Busti; thence northerly
and along said Town line to the southerly boundary of lands owned
by Erie Railroad, being Tax Parcel 22-2-1.1; thence in a northeasterly
direction and along the southeasterly boundary of said tax parcel
to the westerly boundary of Green Avenue; thence southerly and along
the easterly boundaries of Tax Parcels 22-7-2, 3, 4, 5, 6, 7, 8 and
9 to a point directly west of the northwesterly corner of Tax Parcel
22-8-9; thence easterly to said corner; thence continuing easterly
and along the northerly boundary of Tax Parcel 22-8-9 and 2 to the
northeasterly corner of Tax Parcel 22-8-2; thence southerly and along
the easterly boundaries of Tax Parcels 22-8-2, 3, 4, 5, 6, 7.2 and
7.1 to the northerly boundary of Fairmount Avenue, being the southeasterly
corner of Tax Parcel 22-8-7.1; thence continuing directly south to
a point in the south boundary of Fairmount Avenue; thence easterly
and along the south boundary of Fairmount Avenue to the northeasterly
corner of Parcel 26-26-54; thence southerly and along the easterly
boundary of said parcel to the southeasterly corner thereof; thence
westerly and along the southerly boundary of said Tax parcel to the
southwesterly corner thereof; thence southerly and along the easterly
boundaries of Tax Parcel 26-26-55 to the southeasterly corner of Tax
Parcel 25-8-1.4.1; thence westerly and along the southerly boundary
of Tax Parcel 25-8-1.4.1 and 1.5 to the southwesterly corner of Tax
Parcel 25-8-1.5; thence northerly and along the westerly boundary
of said tax parcel to the southeasterly corner of Tax Parcel 25-8-1.1;
thence westerly to the boundary line of the Town of Busti; thence
northerly and along said Town line to the point and place of beginning.
[Amended 10-19-2020 by L.L. No. 3-2020]
G.
Zone VII.
(1)
Beginning at a point on the southerly line of Lot
36 (northerly line of the City of Jamestown), said point being north
88° 44' 20" east 177.54 feet from a stone and brass disc "City
of Jamestown"monument; thence north 00° 57' 20" west 24.75 feet
to an iron stake; thence continuing north 00° 57' 20" west 276.86
feet to a New York State right-of-way monument; thence north 01°
34' 10" east 188.21 feet to a New York State right-of-way monument;
thence north 74° 34' 20" east 427.12 feet to an iron stake; thence
south 01° 15' 40" east 569.37 feet to an iron stake; thence continuing
south 01° 15' 40" east 24.75 feet to a point on the southerly
line of Lot 36 (northerly line of the City of Jamestown); thence south
88° 44' 20" west 425.03 feet to the point or place of beginning.
(2)
In Zone VII, any use permitted or allowed in the residential or agricultural-residential district shall be permitted and, in addition thereto, restaurants, motels and stores or shops for the sale of merchandise at wholesale or retail. Signs may be permitted in the district, subject to the provisions of Article XII of this chapter. No building, premises or structure shall be erected in Zone VII which is intended or designed to be used for any industrial use or purpose. No temporary stand, trailer or structure without permanent foundation shall be erected, used or maintained in Zone VII unless specifically permitted by the Board of Appeals, after public hearing, subject to the conditions and limitations specified in Article XI, of this chapter.
H.
Zone VII(A). All that tract of land, situate in the
Town of Ellicott, County of Chautauqua and State of New York, being
part of Lot 48, Township 2, Range 11, of the Holland Land Company's
Survey, and more particularly described as follows: Beginning at the
northeasterly corner of said Lot 48 of the Holland Land Company's
Survey; thence westerly along the division line between the Town of
Gerry to the north and Town of Ellicott to the south to the intersection
thereof with the easterly boundary of County Highway 380 to the intersection
thereof with the easterly line of said Lot 48; thence northerly along
the easterly line of said Lot 48 to the point or place of beginning.
[Amended 11-17-2003 by L.L. No. 3-2003]
I.
Zone VIII. All that tract or parcel of land situate
in the Town of Ellicott, County of Chautauqua and State of New York,
beginning in the southwesterly corner of Parcel 23-11-7 being on the
northerly boundary of Fairmount Avenue; thence easterly along the
northerly boundary of Fairmount Avenue to the southeasterly corner
of Tax Parcel 23-11-4; thence northerly and along the easterly boundaries
of Tax Parcels 23-11-4, 3.2 and 2 to the northeasterly corner of 23-11-2;
thence westerly along the northerly boundary of 23-11-2, being the
southerly boundary of the Village of Celoron to the northwesterly
corner of 23-11-2; thence southerly and along the westerly boundary
of said tax parcel to the southeasterly corner of Parcel 23-11-10;
thence westerly along the southerly boundary of 23-11-10 to the southwesterly
corner thereof; thence southerly along the westerly boundaries of
23-11-9, 8 and 7 to the point and place of beginning.
J.
Zone IX.
[Added 9-15-2008 by L.L. No. 3-2008]
(1)
All
that tract or parcel of land in the Town of Ellicott which is described
as follows: commencing at the center of the intersection of Strunk
Road and State Highway No. 5217 (also known as Fluvanna Avenue and
Route No. 17); running thence northerly along the center line of Strunk
Road 1,310 feet, plus or minus, to a point; thence westerly 400 feet
to a point (being the northwest corner of lands owned by Humbel Oil
Company); thence southerly along the west boundary 356 feet, plus
or minus, to a point; thence 432.5 feet, plus or minus, to a point
(northwest corner of Tax Map Parcel No. 369.07-1-12); thence southerly
along the westerly boundaries of Tax Map Parcel Nos. 369.07-1-13;
369.07-1-17; 369.07-1-16; 0369.07-1-15 to the center line of State
Highway 5217; thence easterly to the point and place of beginning.
Permitted uses are uses allowed in Residential,
Agricultural-Residential, Professional Office and Neighborhood Business
Districts and, in addition thereto, stores or shops for the sale of
merchandise at wholesale or retail; theaters and other places of amusement;
restaurants; taverns; motels; barbershops; gasoline or filing stations;
and motor vehicle repair and maintenance facilities, including car
washes.
All uses not specifically permitted and, in
addition thereto, any structure designed or intended to be used for
the keeping of domestic animals, are excluded uses.
A.
Maximum lot coverage. Ground area occupied by the
building or buildings, including any accessory buildings, shall not
exceed 25% of the total contiguous area owned, leased or otherwise
controlled by the project sponsor.
B.
Height limitations. No building or group of buildings
shall exceed two stories.
C.
Building lines. Buildings shall be set back at least
50 feet from the front property line and at least 50 feet from the
side and rear property lines.
(1)
Building line exception. Buildings under 7,500 square
feet shall be set back at least 50 feet from the front property line
and at least 20 feet from the side and rear property lines.
D.
Parking lot lines. Parking lots shall be set back
at least 30 feet from the front property line and at least 30 feet
from side and rear property lines.
E.
Additional zone-specific regulations for Zone IV.
(1)
An unobstructed minimum twenty-five-foot approach,
from the edge of pavement to the site, at the ingress and egress of
the site, shall be provided for visual safety.
(2)
A mounded, landscaped buffer zone, 20 feet in depth
and four feet high, shall be provided along the front property line
and behind the required twenty-five-foot approach, as well as along
the side and back property boundary lines abutting unbuffered properties.
(3)
A connecting roadway, through the forward end of the
landscaped, mounded side buffers, between the parking lots of two
consenting mercantile establishments, will be permitted when such
a roadway is contiguous with the drive areas of both parking lots
and where the site plan exhibits prudent traffic control features.
