Martinsburg Town City Zoning Code
ARTICLE III
Establishment of Districts
§ 240-8 Types of districts.
[Amended 3-4-2004 by L.L. No. 3-2004; 10-21-2009 by Ord. No. 3-2009]
For the purpose of this chapter, the Town of Martinsburg is hereby divided into the following districts:
H — Hamlet | The areas within this district are now developed to some extent and include low- or medium-density residential uses with some commercial and industrial uses. |
A — Agricultural | The areas within this district are generally used for agricultural activities. Most of the land is open in character with some scattered spots of forest, wetland, and residential use. |
RR — Rural Residential | The areas within this district are sparsely settled, but generally accessible by highway. Some forest and agricultural use may be present. |
F — Forest Resources | The areas within this district are predominantly covered by dense vegetation and contain many wet areas and stream courses. They are relatively inaccessible by automobile and contain few permanent residences and some seasonal residences. |
WPO — Wind Power Overlay | Area(s) in the Town of Martinsburg where wind-power-generating facilities are allowed. |
WSP — Water Supply Protection Overlay | Area(s) in the Town of Martinsburg within 200 feet or 60 days groundwater time-of-travel from the supply wells of Martinsburg Water District #1 and the Glenfield Water District. |
AUO — Adult Use Overlay | Area where adult uses shall be allowed. Area to be defined as that portion of the Town of Martinsburg on the south side of Flat Rock Road commencing at the intersection of Flat Rock Road with Carey Road proceeding east to the intersection with Centerville Road, proceeding down Centerville Road south and east to its intersection with Leonard's Lane proceeding along Leonard's Lane south to its intersection with French Road, thence proceeding west along French Road to its intersection with Carey Road, thence north along Carey Road to its intersection with Flat Rock Road. |
§ 240-9 Development Map.
A.
Said districts are shown, defined and bounded on the map accompanying this chapter entitled "Development Map," dated March 10, 1995, and filed in the office of the Town Clerk, which map and all explanatory matter thereon is by this reference incorporated into this chapter.
B.
The boundaries of the Water Supply Protection Overlay District are set forth on the maps accompanying and incorporated into this chapter entitled "Martinsburg Wellhead Protection Area Map" and "Glenfield Wellhead Protection Area Map," both dated January 28, 2004, and filed with the Town Clerk.
[Added 3-4-2004 by L.L. No. 3-2004]
§ 240-10 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the development map, the following rules shall apply:
A.
Where the designation on the development map indicates a boundary approximately upon a road, the center line of the road shall be construed to be the boundary;
B.
Where the designation on the development map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary;
C.
Distances shown on the development map are perpendicular distances from road center lines measured to the district boundary, which boundaries in all cases where distances are given are parallel to the road center line;
D.
In other cases the district boundary shall be determined by the use of the scale on the development map.
§ 240-11 Metes and bounds descriptions.
In the event that a metes and bounds description has been filed for a district change or a variance as required by this chapter, such metes and bounds description may be used in lieu of other provisions of this section.
§ 240-12 Divided lots.
Where a district boundary divides a lot of record at the time such boundary is adopted, the district requirements of the least restrictive portion of such lot can extend 50 feet into the more restrictive portion of the lot, provided the least restrictive portion of the lot has frontage on a road. If the lot extends more than 50 feet, the district requirements will be of those in the more restricted district.
§ 240-13 Special areas.
"Special areas" are designated on the development map pursuant to the provisions of the Tug Hill Reserve Act, Chapter 486 of the New York State Laws of 1992. All governmental agencies, boards, commissions, and authorities, prior to final action on a proposed development or review of a proposed development within a designated special area which would directly affect the special area and would change the basic nature of Tug Hill shall consult with the Town Board about said development.