Ellicott Town City Zoning Code
ARTICLE VII
Mercantile District
[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]
§ 146-32 Boundaries.
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.
Zone II.
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.
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]
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.
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.
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]
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]
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.
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]
Zone VII.
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.
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.
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]
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.
Zone IX.
[Added 9-15-2008 by L.L. No. 3-2008]
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.
§ 146-33 Permitted uses.
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.
§ 146-34 Excluded uses.
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.
§ 146-35 Special permit uses.
§ 146-36 Bulk regulations.
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.
Height limitations. No building or group of buildings shall exceed two stories.
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.
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.
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.
Additional zone-specific regulations for Zone IV.
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.
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.
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.