Ellicott Town City Zoning Code
ARTICLE VIII
Industrial Districts and Industrial Parks
§ 146-37 Industrial District boundaries.
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]
Zone II.
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.
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]
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.
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.
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.
§ 146-38 Industrial District permitted uses.
[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No. 1-2002]
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.
The following is permitted as a special use: commercial solar energy production systems.
[Added 8-17-2020 by L.L. No. 1-2020]
§ 146-39 Industrial District excluded uses.
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.
§ 146-40 Bulk regulations in Industrial Districts.
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.
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.
§ 146-41 Industrial Park Districts.
[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]
Zone I.
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.
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]
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.
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.
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.
§ 146-42 Industrial park permitted uses.
[Amended 9-5-1990 by L.L. No. 2-1990; 4-5-2000 by L.L. No. 2-2000]
Permitted uses in industrial park districts are as follows:
The following is permitted as a special use: commercial solar energy production systems.
[Added 8-17-2020 by L.L. No. 1-2020]
§ 146-43 Requirements in Industrial Park Districts.
[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]
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.
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:
The number of off-street parking spaces must equal one parking space for each employee on the maximum work shift.
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.
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.
§ 146-44 Bulk regulations in Industrial Park Districts.
[Amended 4-5-2000 by L.L. No. 2-2000]
No building or accessory structure shall be permitted within 50 feet of any road, highway or boundary line.
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.
§ 146-45 Additional zone-specific bulk regulations.
[Added 4-5-2000 by L.L. No. 2-2000[1]]
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.
§ 146-46 (Reserved) [1]
[1]
Editor's Note: Former § 146-46, Permit applications for industrial parks, was repealed 4-5-2000 by L.L. No. 2-2000.
§ 146-47 (Reserved) [1]
[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.