A.
Zone I. All that portion of the Town of Ellicott,
beginning at a point in the center line of Mosher Street at its intersection
with the northerly boundary of the Village of Falconer; running thence
northeasterly along the center line of Mosher Street 100 feet to its
intersection with the center line of East Avenue; running thence northwesterly
along the center line of East Avenue and the continuation thereof
to a point which, measured at right angles from the center line of
the New York Central Railroad right-of-way, is 600 feet distant therefrom;
running thence northerly parallel to the center line of said right-of-way
and 600 feet distant therefrom to the northerly boundary of Tax Map
Parcel 6-1-31; running thence westerly along the northerly boundary
of Tax Map Parcel 6-1-31 to the center line of the county highway
known as the Falconer-Kimball Stand Road; running thence southerly
along the center line of said Falconer-Kimball Stand Road to the northerly
boundary of the Village of Falconer; running thence easterly along
the northerly boundary of the Village of Falconer to the point of
beginning.
[Amended 11-18-1998 by L.L. No. 8-1998]
B.
Zone II.
(1)
All
that portion of the Town of Ellicott, beginning at the intersection
of east line of the Town of Ellicott line with the center line of
Elmwood Avenue and Water Street; running thence southerly along the
Ellicott-Poland Town line to the northerly line of the Village of
Falconer; running thence northwesterly along the northerly boundary
of the Village of Falconer to a point 125 feet east of the easterly
boundary of Harmon Avenue thence northerly to a point 175 feet from
the southerly boundary of Elmwood Avenue as measured at right angles
thereto; thence northeasterly and parallel to the southerly boundary
of Elmwood Avenue to a point 180 feet, plus or minus, distant therefrom;
thence northerly to the Chadakoin River; thence easterly along the
Chadakoin River to the Ellicott-Poland Town line; thence southerly
along the Town line to the point and place of beginning.
(2)
Beginning
on the division line between the Town of Ellicott to the north and
the Village of Falconer to the south at the point located a distance
of 125 feet easterly by rectangular measurement from the easterly
boundary of Harmon Avenue; thence northwesterly along said division
line between Ellicott and Falconer to a point located a distance of
75 feet easterly by rectangular measurement from the easterly boundary
of Harmon Avenue; thence northerly parallel with said easterly boundary
of Harmon Avenue to a point located a distance of 175 feet southerly
by rectangular measurement from the southerly boundary of Elmwood
Avenue; thence northeasterly parallel with said southerly boundary
of Elmwood Avenue to a point located a distance of 125 feet easterly
by rectangular measurement from said easterly boundary of Harmon Avenue;
thence southerly parallel with said easterly boundary of Harmon Avenue
to the point or place of beginning.
[Added 6-7-2010 by L.L. No. 1-2010]
(a)
This zone addition being subject to the following conditions and
restrictions: No structures, driveways or parking lots shall be maintained
in the zoning addition, except that a fence shall be permitted at
least 15 feet from the westerly boundary of the zone addition.
C.
Zone III. All that portion of the Town of Ellicott,
beginning at the center line of Allen Street and the easterly boundary
of the City of Jamestown; thence southerly to a point which, measured
at right angles to Allen Street, is 850 feet southerly; running thence
northeasterly and parallel to the center line of Allen Street to the
westerly line of premises now or formerly owned by the Patrick Falconer
Estate, Inc.; running thence south 1 degree 57 minutes west along
the westerly line of said premises now or formerly owned by the Patrick
Falconer Estate, Inc., to an iron stake at the southwest corner thereof;
running thence easterly 2,650 feet, plus or minus, to an iron stake
at the southeast corner of said premises now or formerly owned by
the Patrick Falconer Estate, Inc.; running thence northerly along
the east line of said premises 743.7 feet to an iron stake; running
thence easterly along the south line of Lot No. 4 of the Holland Land
Company Survey to the southeast corner of said Lot No. 4 and continuing
easterly along the south line of Lot No. 3, 940 feet, plus or minus,
to a point; thence south at 90 degrees 311 feet, plus or minus, to
a point; thence easterly at right angles 1,350 feet, plus or minus,
to the easterly line of Lot No. 2 and the Town lines of Poland and
Ellicott; thence northerly along the Town line of the Town of Poland
to the southerly bounds of the Village of Falconer; running thence
southwesterly along the southerly bounds of the Village of Falconer
to the easterly line of the City of Jamestown; running thence southerly
along said city line to the point of beginning.
D.
Zone IV. Beginning at a point of the southerly line
of the Erie Railroad and the westerly line of Jackson Avenue; thence
southerly along Jackson Avenue 1,110 feet, plus or minus; thence westerly
835 feet, plus or minus, to a point on the easterly boundary of Green
Avenue which is 590 feet south of the intersection of Green Avenue
and the Erie Railroad; thence northerly along the easterly boundary
of Green Avenue to the southerly line of the Erie Railroad; thence
northeasterly along the southerly boundary of the Erie Railroad to
the place and point of beginning.
[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No.
1-2002]
A.
In the
Industrial District, any use permitted or allowed in any other district
shall be permitted and, in addition thereto, factories, commercial
establishments and all manufacturing or industrial uses, including
but not limited to storage warehouses, junkyards, sawmills, lumberyards,
coal yards and wholesale storage plants for the storage or sale of
petroleum products and adult uses.
B.
The following
is permitted as a special use: commercial solar energy production
systems.
[Added 8-17-2020 by L.L. No. 1-2020]
In the Industrial District, no building, premises
or other structure shall be erected, used or maintained which is arranged,
intended or designed to be used for any of the following purposes:
ammonia, chlorine or bleach powder manufacture; refining; crematory;
creosote treatments or manufacture; distillation of coal, wood or
bones; fat rendering; fertilizer manufacture; glue, size or gelatine
manufacture; reduction of garbage, offal, dead animals or refuse;
lime, cement or plaster of paris manufacture; curing or tanning of
rawhides or skins; slaughtering of animals; stockyards; soap manufacture;
starch and glucose manufacture; sulfurous, sulfuric, nitric or hydrochloric
acid manufacture; tallow, grease or lard manufacture; tar distillation
and its byproducts; and any other trade, industry or use which is
inherently unsanitary, a menace to the public health, a nuisance in
law or fact or that is noxious or offensive by reason of the emission
of odor, dust, smoke, gas or unusual continuing and vexatious noise.
Junk- or auto-wrecking yards shall be at least 200 feet from any public
highway.
A.
In an Industrial District, no person, firm, association
or corporation shall excavate for, place or erect any structure unless
the building front line or side line of such structure or excavation
shall be at least 10 feet from the nearest boundary line of any public
highway, nor shall any lumber or other material or equipment be piled,
placed, permitted or maintained less than 10 feet from the nearest
boundary line of any public highway.
B.
No adult use shall be located within 1,000 feet of
any park, school, day-care center, library, religious or cultural
activity, any other adult use business, or any residential or agricultural-residential
district boundary.
[Amended 5-7-1986 by L.L. No. 1-1986; 11-2-1988 by L.L. No.
4-1988; 1-18-1989 by L.L. No. 1-1989; 10-8-1997 by L.L. No.
4-1997; 4-5-2000 by L.L. No. 2-2000]
A.
Zone I.
(1)
All
that portion of the Town of Ellicott, beginning at the northwest corner
of the intersection of Route 60 and Girts Road; thence running northerly
and along the westerly boundary of Route 60 to the southeasterly corner
of Tax Parcel 2-1-69; thence westerly and along the southerly boundary
of Tax Parcel 2-1-69 to the southwesterly corner thereof; thence northerly
and along the westerly boundary of Tax Parcels 2-1-69, 2-1-70, 2-1-71,
2-1-72 and 2-1-73 to the northwesterly corner of Tax Parcel 2-1-73;
thence easterly and along the northerly boundary of Tax Parcel 2-1-73
to its point of intersection with the southwesterly corner of Tax
Parcel 2-1-74; thence northerly and along the westerly boundary of
Tax Parcel 2-1-74 to the northwesterly corner thereof; thence easterly
and along the northerly boundary of Tax Parcel 2-1-74 to the northeast
corner thereof, being its point of intersection with Route 60; thence
northerly and along the westerly boundary of Route 60 to its point
of intersection with the southerly boundary of Tax Parcel 2-1-75;
thence westerly and along the southerly boundary of Tax Parcels 2-1-75
and 2-1-76 to the southwesterly corner of Tax Parcel 2-1-76, being
its point of intersection with Stubb Road (also known as "Heath Road");
thence northerly and along the westerly boundary of Tax Parcels 2-1-76
and 2-1-77.1 to the point in the easterly boundary of Stubb Road,
due east from the southeasterly corner of Tax Parcel 2-1-80.2; thence
across Stubb Road to the southeasterly corner of Tax Parcel 2-1-80.2;
thence westerly and along the southerly boundary of Tax Parcels 2-1-80.2
and 2-1-80.1 to the southwesterly corner of Tax Parcel 2-1-80.1; thence
northerly and along the westerly boundary of Tax Parcel 2-1-80.1 to
the northwesterly corner thereof; thence due north, and through Tax
parcel 2-1-1 to the intersection with the northerly boundary thereof;
thence westerly and along the northerly boundary of Tax Parcel 2-1-1
to the northwest corner thereof; thence continuing westerly along
the northerly boundary of Tax Parcel 1-1-3 to a point directly north
of the northwest corner of Tax Parcel 1-1-9.1; thence southerly through
Tax Parcel 1-1-3 to the northwest corner of Tax Parcel 1-1-9.1; thence
southerly and along the westerly boundary of Tax Parcel 1-1-9.1 to
the southwest corner thereof; thence easterly and along the southerly
boundary of Tax Parcels 1-1-9.1 to the southeast corner thereof; thence
south to the northeast corner of Tax Parcel 1-1-10.1; thence southerly
and along the easterly boundary of Tax Parcels 1-1-10.1, 1-1-15.1
and 1-1-15.7 to the northeast corner of Tax Parcel 1-1-15.3, thence
westerly and along the northerly boundary of Tax Parcel 1-1-15.3 to
the northwest corner thereof; thence southerly, and along the westerly
boundary of Tax Parcel 1-1-15.3 to the southwest corner thereof, thence
westerly and along the southerly boundary of Tax Parcel 1-1-15.8 to
a point 500 feet east of the easterly boundary of West Oak Hill Road;
thence southerly, parallel to West Oak Hill Road, and 500 feet therefrom
to the southerly boundary of Tax Parcel 1-1-19; thence easterly and
along the southerly boundary of Tax Parcel 1-1-19 to the southeasterly
corner thereof; being the point of intersection with the westerly
boundary of Tax Parcel 5-1-139; thence northerly and along the westerly
boundary of Tax Parcel 5-1-139 to the northwest corner thereof; thence
northerly and along the southerly boundary of Tax Parcel 5-1-140 to
the southeasterly corner thereof; thence northerly and along the easterly
boundary of Tax Parcel 5-1-140 to the southwest corner of Tax Parcel
5-1-141; thence easterly and along the southerly boundary of Tax Parcel
5-1-141 to the southeast corner thereof; thence easterly, across Girts
Road, and along the southeasterly boundary of Tax Parcel 5-1-143 to
the southeasterly corner of Tax Parcel 5-1-143; thence northerly and
along the easterly boundary of Tax Parcel 5-1-143 to its point of
intersection with the southerly boundary of Tax Parcel 5-1-144; thence
easterly and along the southerly boundary of Tax Parcel 5-1-144 to
its point of intersection with the westerly boundary of Route 60;
thence northerly and along the westerly boundary of Route 60 to the
point and place of beginning.
(2)
Beginning
on the southwesterly line of New York State Route 60 at the intersection
thereof with the southerly line of Ellicott Tax Parcel currently identified
as 336.00-1-16 and formerly identified as 2-1-75, said southerly line
of parcel 336.00-1-16 also being the currently described northerly
line of Ellicott Industrial Park Zone I; thence westerly along said
southerly line of parcel 336.00-1-16 to a point located a distance
of 400 feet southwesterly by rectangular measurement from said southwesterly
line of New York State Route 60; thence northwesterly and parallel
with said southwesterly line of New York State Route 60 a distance
of 3,500 feet to a point; thence northeasterly in a direction perpendicular
with said southwesterly line of New York State Route 60 to a point
located a distance of 400 feet northeasterly from the northeasterly
line of New York State Route 60; thence southeasterly and parallel
with said northeasterly line of New York State Route 60 to a point
on an easterly projection of said southerly line of parcel 336.00-1-16;
thence westerly to the point or place of beginning, and containing
72 acres of land more or less.
[Added 11-29-2011 by L.L. No. 2-2011]
B.
Zone II. Beginning at a point in the northeast corner
of Lot No. 2 of the Holland Land Company Survey (also known as the
intersection of County Highway 99, Peck Settlement Road, and County
Highway 317, South Work Street Extension); thence southerly 311 feet,
plus or minus, along the Peck Settlement Road to the point and place
of beginning; thence southerly along the County Highway 99 870 feet
to the northeast corner of Tax Parcel No. 10-1-21.2; thence westerly
250 feet to a point; thence southerly 115 feet to a point; thence
westerly 2,580 feet to a point; thence southerly 1,044 feet to a point;
thence westerly 1,020 feet to a point in the west line of Lot No.
2 of the Holland Land Company Survey; thence northerly 2,340 feet
to a point in the north line of Lot No. 2 of the Holland Land Company
Survey; thence easterly along the north line of Lot No. 2 2,425 feet,
plus or minus, to a point; thence southerly 311 feet to a point; thence
easterly at 90 degrees 1,350 feet, plus or minus, to the point and
place of beginning.
C.
Zone III. All that piece or parcel of land situate
in the Town of Ellicott, County of Chautauqua, State of New York;
being part of Lot No. 2, Town 2 and Range 11 of the Holland Land Company's
survey and described as follows: Beginning at a point in the easterly
line of said Holland Land Company's Survey Lot No. 2, which is also
the centerline of Peck Settlement Road (County Road No. 99), said
point being S 06°-25'-40" W, 1,293.5 feet from the northeasterly
corner of said Lot No. 2; thence S 06°-25'-40" W along the center
line of Peck Settlement Road, 187.5 feet to a point; thence N 83°-34'-20"
W, 225.00 feet to an iron stake; thence S 09°-10'-20" W, 93.97
feet to an iron stake; thence S 21°-01'-10" W, 46.64 feet to an
iron stake; thence S 06°-25'-40" W and parallel to the center
line of Peck Settlement Road, 238.30 feet to an iron stake; thence
S 83°-34'-20" E, 241.25 feet to a point in the center line of
Peck Settlement Road; thence S 06°-25'-40" W along the centerline
of Peck Settlement Road, 485 feet to a point; thence N 83°-34'-00"
W, 2,867.54 feet to an iron stake, said stake defining a corner of
property conveyed by the Chautauqua County IDA to Bush Industries,
Inc., by deed recorded in Liber 2019 of Deeds at Page 256; thence
N 08°-08'-31" E along the property line of said Bush Industries,
Inc., 1,039.17 feet to an iron stake; thence S 83°-47'-35" E along
the southerly line of the Joseph Mason Industrial Park, 2,836.48 feet
to the point and place of beginning.
D.
Zone IV. All that piece or parcel of land situate
in the Town of Ellicott, County of Chautauqua, State of New York;
being part of Lot No. 2, Town 2 and Range 11 of the Holland Land Company's
survey and described as follows: Commencing at the intersection of
Peck Settlement Road (County Road 99) and Willard Street Extension
(County Road 106); thence northerly along the center line of Peck
Settlement Road to the point of beginning, being the southeasterly
corner of the zone herein described; thence westerly and parallel
to Willard Street Extension 1,369 feet to a point 50 feet east of
the westerly boundary of lands owned on January 1, 1989, by Theo Ganey;
thence northerly and parallel to said westerly Ganey boundary 190
feet, more or less; thence westerly 50 feet to the westerly Ganey
boundary; thence northerly along said westerly boundary 840 feet to
the northerly boundary of said Ganey property, which point is also
a point in the existing southerly boundary of Town of Ellicott Industrial
Park Zone IV; thence easterly along the northerly boundary of said
Ganey property, which is also the southerly boundary of Town of Ellicott
Industrial Park Zone IV, 1,419 feet to the center line of Peck Settlement
Road and the southeasterly corner of Town of Ellicott Industrial Park
Zone IV; thence southerly along said highway center line 980 feet,
more or less, to the point and place of beginning, containing approximately
32 acres.
[Amended 9-5-1990 by L.L. No. 2-1990; 4-5-2000 by L.L. No.
2-2000]
A.
Permitted uses in industrial park districts are as
follows:
(1)
Manufacturing
facilities.
(2)
Research and testing facilities.
(3)
Consultation and professional services and offices
which directly serve other permitted industrial uses.
(4)
Commercial sales and services, but not to the general
public.
(5)
Facilities for the housing of transportation services.
B.
The following
is permitted as a special use: commercial solar energy production
systems.
[Added 8-17-2020 by L.L. No. 1-2020]
[Amended 5-7-1986 by L.L. No. 1-1986; 1-18-1989 by L.L. No.
1-1989; 4-5-2000 by L.L. No. 2-2000]
A.
Performance. In order for any industry to be considered
for location in the Industrial Park District, an applicant for a permit
must show that the process to be so located will be conducted in such
a manner that no fire hazard, radioactivity, electrical disturbance,
noise, vibration, dust, smoke, odor, air pollution or glare may be
detected beyond the boundary of the property upon which a permit is
being sought. All processing shall be conducted within an enclosed
building. The storage of new materials, component parts, finished
products and waste material must be done within an enclosure which
will respect all of the yard requirements.
B.
Off-street parking and loading requirements. There
shall be provided at any time that any building or structure is erected,
enlarged or increased in capacity the following off-street parking
and loading facilities:
(1)
The number of off-street parking spaces must equal
one parking space for each employee on the maximum work shift.
(2)
Every building having a gross floor area of 10,000
square feet or more, requiring the loading or unloading of trucks,
shall provide and maintain at least one off-street parking space plus
one additional space for each additional 100,000 square feet of gross
floor area or fraction thereof. Each loading space shall be not less
than 10 feet in width and 35 feet in length and shall not occupy any
space designated as required off-street parking.
C.
Landscaping. A planted visual barrier shall be required
to be maintained in yard areas that abut land upon which residential
structures are permitted except when natural or physical man-made
barriers exist. This planting barrier or visual screen shall have
a width of no less than 50 feet. It shall be of such plant materials
that within a reasonable period of time (five years) the vegetation
will have curtained such growth habit that on a year-round basis a
person standing on either side of the planting shall not be able to
see through the planting.
[Amended 4-5-2000 by L.L. No. 2-2000]
A.
No building or accessory structure shall be permitted
within 50 feet of any road, highway or boundary line.
B.
Drive and traffic access systems shall be allowed
in all yard areas. However, when any yard sides on land that allows
residential development, the drives or traffic access facilities must
be placed as far from the exterior line as practical. No parking shall
take place in any required yard area.
[Added 4-5-2000 by L.L. No. 2-2000[1]]
A.
In Zone IV, no permanent improvement shall be placed
closer than 150 feet to the westerly boundary of said zone, and no
roadways or access routes shall allow ingress or egress from Willard
Street Extension.
[1]
Editor's Note: This local law also repealed
former § 146-44, Bulk regulations in Industrial Park Zones
III, IV and V, as amended and as renumbered. Said local law also repealed
former § 146-45, Restricted uses in industrial parks.
[1]
Editor's Note: Former § 146-46,
Permit applications for industrial parks, was repealed 4-5-2000 by
L.L. No. 2-2000.
[1]
Editor's Note: Former § 146-47,
Excavations and structures in Industrial Districts and Parks, was
repealed 4-5-2000 by L.L. No. 2-2000.
