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Martinsburg Town City Zoning Code

ARTICLE IV

District Regulations

§ 240-14 Allowed uses.

[Amended 1-21-2009 by L.L. No. 2-2009[1]]
All uses shall comply with the requirements as indicated on the following chart:
KEY:
P = Development Permit Required
SU = Special Use by Planning Board Approval Required
None = No Permit Required
NA = Not Allowed
Land Use
District
RR
Rural Residential
H
Hamlet
A
Agricultural
F
Forest
Accessory apartment
P
P
P
SU
Accessory structures
P
P
P
P
Active recreation
SU
NA
SU
SU
Agricultural structure
P
SU
P
P
Agriculture
None
P
None
None
Campground
SU
NA
SU
SU
Commercial use
SU
SU
SU
NA
Dwelling, multifamily
SU
SU
SU
NA
Dwelling, seasonal (camp)
P
NA
P
SU
Dwelling, single-family
P
P
P
SU
Dwelling, two-family
P
P
P
NA
Essential facilities
SU
SU
SU
SU
Home-based business
SU
SU
SU
SU
Junkyard
SU
NA
SU
NA
Major excavation
SU
NA
SU
SU
Manufacturing
SU
SU
SU
NA
Mobile home
P
P
P
SU
Mobile home park
SU
NA
SU
NA
Motor vehicle repair
SU
SU
SU
NA
Public and semipublic facilities
SU
SU
SU
NA
Retail gasoline and diesel outlet
SU
SU
SU
NA
Small wind energy conversion system (small WECS)
SU
SU
SU
SU
Travel trailer park
SU
NA
SU
NA
Wind-power-generation facilities
SU
None
SU
SU
Wireless telecommunications facilities
SU
SU
SU
SU
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 240-15 Land Use District Schedule.

[Amended 3-17-2004 by L.L. No. 4-2004; 10-21-2009 by L.L. No. 3-2009[1]]
District
Specifications for All Uses
H
Hamlet
Lot frontage
200 feet minimum. Where public water is available, the frontage may be reduced to 100 feet
Lot size
1 acre minimum. Where public water is available, the lot size may be reduced to 20,000 square feet
Setback of all buildings
From center line of state road: 75 feet minimum
From center line of county and Town road: 60 feet minimum
From side and rear lot lines: 20 feet minimum
A
Agricultural
Lot frontage
200 feet minimum. Where public water is available, the frontage may be reduced to 100 feet
Lot size
1 acre, minimum. Where public water is available, the lot size may be reduced to 20,000 square feet
Setback of all buildings
From center line of state road: 75 feet minimum
From center line of county and Town road: 60 feet minimum
From side and rear lot lines: 25 feet minimum
RR
Rural Residential
Lot frontage
200 feet minimum. Where public water is available, the frontage may be reduced to 100 feet
Lot size
1 acre minimum. Where public water is available, the lot size may be reduced to 20,000 square feet
Setback of all buildings
From center line of state road: 75 feet minimum
From center line of county and Town road: 60 feet minimum
From side and rear lot lines: 25 feet minimum
F
Forest
Lot frontage
200 feet minimum. Lots without road frontage may not be developed
Lot size
1 acre minimum
Setback of all buildings
From center line of county and Town road: 60 feet minimum
From side and rear lot lines: 50 feet minimum
WPO
Wind Power Overlay
Lot frontage
Same as underlying zone
Lot size
Same as underlying zone
Setback of all wind-power-generating structures
From side and rear lot lines: 300 feet, which can be waived by the Planning Board as part of its special use permit review process if:
(i) Neighboring parcels are also participating in the wind project; or
(ii) In the case of a nonparticipating neighbor, the applicant has secured a development easement from said neighbor
From any existing residential structures: 1,000 feet, unless the owner of said residential structure agrees to the lesser setback and consenting to a noise easement
From the center line of any road: 300 feet
Landscaping and screening
Appropriate landscaping is required to keep the site in a neat and orderly fashion. Appropriate screening is required to screen accessory structures from adjacent residences
AUO
Adult Use Overlay
Lot frontage
In accordance with § 240-39 by special use permit
Lot size
In accordance with § 240-39 by special use permit
Setback
In accordance with § 240-39 by special use permit
Landscaping and screening
In accordance with § 240-39 by special use permit
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 240-16 Wind Power Overlay District procedure.

A. 
A wind power overlay may be applied in the Rural Residential District or the Agricultural District upon application to the Town Board.
B. 
Any application for a wind power overlay to the Town Board must be in writing and must be duly signed by the applicant and contain:
[Amended 3-4-2004 by L.L. No. 2-2004]
(1) 
The identity of the parcels to be affected, including Tax Map numbers and acreage;
(2) 
The consent of all property owners within the overlay;
(3) 
Sufficient acreage to comply with setbacks and other requirements set forth in § 240-15 of this chapter;
(4) 
The identity of the applicant; and
(5) 
An environmental assessment form.
C. 
The Town Board shall hold a public hearing or any such application prior to permitting or denying such application. The notice shall be published in the official newspaper of the Town at least 10 days prior to the hearing. In addition, written notices shall be sent to all adjoining property owners; all other municipal entities within 500 feet of the project site; and the Lewis County Planning Board. The hearing shall be held within 62 days of receiving a complete application.
D. 
The Town Board shall make its determination within 62 days of when the public hearing is closed.

§ 240-17 Water Supply Protection Overlay District regulations.

[Added 3-4-2004 by L.L. No. 3-2004]
A. 
Any uses not permitted in the underlying district shall not be permitted in the Water Supply Protection Overlay District. Any uses permitted in the underlying district shall be permitted in the Water Supply Protection Overlay District, except where the overlay district prohibits or imposes greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply.
B. 
The following uses and activities are prohibited within the Water Supply Protection Overlay District:
(1) 
Storage or disposal of septage, sewage, sludge, or human excreta;
(2) 
Application, storage, or disposal of compost, manure, and other animal wastes;
(3) 
Keeping or grazing of livestock;
(4) 
Storage or disposal of petroleum, organic chemical solvents, hazardous substances, or hazardous wastes except where such storage is used in connection with the operation of a public water supply system;
(5) 
Storage or disposal of solid waste or radioactive materials;
(6) 
Disposal of snow containing de-icing compounds;
(7) 
Storage of de-icing compounds; and
(8) 
Placement of dead livestock on the ground or burial beneath the surface of the ground.
C. 
Any person who is responsible for or has knowledge of any spill of any hazardous substance, hazardous waste, petroleum, radioactive material, or other materials that could pose a threat to water quality to the land surface, subsurface, surface water, or groundwater within the Wellhead Protection Area of the water supply wells of the Martinsburg Water District and/or the Glenfield Water District shall notify the New York State Department of Environmental Conservation and the Town of Martinsburg within two hours of such spill, or when knowledge of such spill is obtained.
D. 
Any legally authorized representative(s) of the Town may, at a reasonable time and in a reasonable manner, enter and inspect any place.