Martinsburg Town City Zoning Code
ARTICLE V
General Regulations
§ 240-18 Dwellings per lot.
There shall be no more than one dwelling on a single lot except for the placement of a temporary residence complying with the provisions of § 240-78 of this chapter, or upon approval of a special use permit. Such special use permit may be issued where it can be demonstrated that any future subdivision of the lot which would result in the dwellings being located on separate lots, can be accomplished in such a way that the resulting dwellings will have setbacks in accordance with this chapter, the resulting lots will have areas and dimensions in accordance with this chapter, and all sewage disposal and wastewater systems will be in accordance with the New York State Sanitary Code.
§ 240-19 Line of sight for traffic safety.
No accessory structure, fence, wall, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles entering or exiting highways.
§ 240-20 Height of structures.
A.
No structure shall exceed 40 feet in height except agricultural structures, chimneys, telecommunication towers, television and radio masts and antennas, water tanks, spires, and windmills.
B.
Structures exceeding 40 feet in height shall be allowed only upon approval of a special use permit. Such permit shall not be approved until the applicant has demonstrated the following:
(1)
That there is a demonstrated public need for the proposed use, and that this need cannot be met by any means other than by exceeding the general height limitations of this chapter;
(2)
That the height of the structure is the minimum necessary to accomplish its intended purpose;
(3)
That all practical means have been used to minimize any negative aesthetic impacts identified by the Planning Board;
(4)
That the structure does not significantly impair solar access to buildings or solar energy systems equipment.
§ 240-21 Unapproved lots.
No development permit or certificate of compliance shall be issued for any use or structure on any lot which has been filed in the office of the County Clerk after the effective date of Chapter 195, Subdivision of Land, of the Code of the Town of Martinsburg, unless such lot is included in a plat which has been approved by the Planning Board and filed with the office of the County Clerk, or was exempt from said regulations at the time of filing.
§ 240-22 Road access.
A.
No development permit or certificate of compliance shall be issued for any use or structure on any lot which does not directly abut a public or approved private road, as required by Town Law § 280-a. This abutment shall include at least 15 feet of road frontage suitable for access by emergency vehicles. Easements may be considered for access.
B.
No use or structure requiring access to a minimum maintenance road shall be allowed which would require a change in the maintenance standards of the road. A special use permit shall be required for all uses and structures on parcels of land solely abutting a minimum maintenance road.
§ 240-23 Signs.
A.
No permanent outdoor signs shall consist of lights which flash or move. General illumination lights are acceptable at any time. Temporary signs can flash.
B.
No sign shall be higher than the principal building to which it is accessory except when erected on the roof of the building.
C.
All existing signs at the time this chapter is adopted shall be allowed to remain as long as they are property maintained and their use remains current.
D.
No sign shall project into public right-of-way.
E.
One on-site sign is permitted not to exceed 32 square feet per side, to be illuminated during regular business hours only.
F.
A limited number of off-site directional signs are permitted, not to exceed 16 square feet per side.
§ 240-24 Parking requirements.
This section is designed to reduce problems caused by inadequate or poorly designed parking facilities. No permit or approval shall be issued until the applicant has demonstrated that all uses are provide with adequate off-road parking for all vehicles parked during typical peak use periods. Parking should be designed to eliminate the need to back out onto the public road.
§ 240-25 Mobile homes.
[Amended 8-21-2013 by L.L. No. 2-2013]
Mobile homes shall conform to the requirements of Chapter 145, Mobile Homes, of the Code of the Town of Martinsburg.
§ 240-26 Individual travel trailers and converted buses, vans and similar vehicles.
A.
Individual travel trailers and converted buses, vans and similar vehicles shall not be occupied on an overnight basis, except in a trailer park which has been approved under § 240-30 of this chapter, or on private land with the consent of the owner for a period not to exceed 30 consecutive days provided all health standards are met.
B.
This shall not be interpreted to prevent parking a travel trailer, bus, van or similar vehicle on an owner's lot unoccupied for storage purposes only. Individual travel trailers or vehicles intended to be used as a dwelling unit shall meet all the applicable portions of this chapter pertaining to single-family dwellings.
§ 240-27 Streams, wetlands and water bodies.
A.
The regulations of this section shall apply to all land within 100 feet of the following areas:
(1)
Wetlands classified pursuant to 6 NYCRR 664;
(2)
Streams classified as "D" or higher pursuant to 6 NYCRR Chapter X, Subchapter B;
(3)
Any bodies of open water.
B.
The following activities are prohibited:
(1)
Dumping of waste materials, junk, refuse or anything that would alter the quality of the water or the character of the area;
(2)
Construction of any principal or accessory use;
(3)
Feed lots.
§ 240-28 Sewage and waste disposal standards.
[Amended 8-21-2013 by L.L. No. 3-2013]
On-site sewage disposal systems shall comply with the specifications and standards set forth in 10 NYCRR 75, Appendix 75-A, entitled "Wastewater Treatment Standards — Individual Household Systems."
§ 240-29 Retail gasoline and diesel outlet.
Retail gasoline and diesel outlets shall meet the following requirements:
A.
Minimum distance of 75 feet between pump islands and any road center line;
B.
All petroleum bulk storage facilities shall comply with 6 NYCRR 612, 613, and 614 and any other state or federal regulations for petroleum bulk storage facilities;
C.
A minimum of two egresses onto the property.
§ 240-30 Campgrounds and travel trailer parks.
A.
A permit for a campground may be granted for two-year periods and may be renewed at the end of that time. They must meet Chapter I, Subpart 7-1 of the New York State Sanitary Code.
B.
Garbage disposal must be carried out on a regular basis, such that it does not constitute a nuisance or health hazard.
§ 240-31 Home-based businesses.
A.
A home-based business shall be a nonresidential activity conducted for financial gain that is clearly incidental and secondary to a residential use and does not exceed one of the following criteria:[1]
(1)
One nonresident is employed on the premises;
(2)
Total floor area devoted to retail sales does not exceed 500 square feet;
(3)
No more than two customer, client or delivery vehicles are present on the site at one time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Home-based businesses shall be subject to the following standards:
(1)
The exterior of buildings containing home-based businesses shall not be altered to accommodate the business;
(2)
Excessive noise, glare, odors and/or vibrations shall not be produced;
(3)
One on-premises advertising sign not to exceed six square feet shall be allowed;
(4)
All parking shall be provided on-site in accordance with § 240-24 of this chapter.
§ 240-32 Solid waste disposal. [1]
No junk or solid waste is permitted to be stored unenclosed in any district except where specifically authorized by this chapter. Solid waste or junk shall either be disposed of on site by burial or be transported to a solid waste facility for receiving such junk and solid waste within 10 days. In no such case shall junk or solid waste be incinerated without the approval of the Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 240-33 Junkyards.
A.
No garbage, rubbish, waste material or trash shall be stored or allowed to accumulate on the open surface of the ground in any area.
B.
Only junk vehicles and associated equipment may be stored in these areas.
C.
Such areas shall be at least 200 feet from any highway, lake, stream, or property line and 500 feet from any neighboring dwelling.
D.
Such areas shall be screened from public view by a hedge or fence.
§ 240-34 Major excavations.
A.
No person shall mine more than 1,000 tons of material from the earth within one calendar year without applying for a permit from the Department of Environmental Conservation, as required by 6 NYCRR 420 through 425.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Access drives within 200 feet of the public road shall be treated to prevent dust.
C.
Restored slopes shall have a ratio of 2:1 and shall be seeded on completion.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Drainage facilities shall minimize erosion and stagnant ponds.
§ 240-35 Mobile home parks. [1]
Mobile home parks shall conform to the requirements of Chapter 145, Mobile Homes, of the Code of the Town of Martinsburg.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 240-36 Outdoor furnaces.
[Added 5-18-2005 by L.L. No. 3-2005]
A.
With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line.
B.
The use of such furnaces must follow all operating instructions supplied by the manufacturer.
C.
The only fuels allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard.
D.
Users must follow the manufacturer's written instructions for recommended loading times and amounts.
E.
Lighter fluids, gasoline, or chemicals to start the furnace are prohibited.
F.
The unit must be located with due consideration to the prevailing wind direction.
G.
Stack height.
(1)
If located 50 feet or less to any residence not served by the furnace, it is recommended that the stack be at least two feet higher than the eave line of the residence.
(2)
If located more than 50 but no more than 100 feet to any residence, it is recommended that the stack be at least 75% of the height of the eave line of that residence, plus an additional two feet.
(3)
If located more than 100 feet but no more than 150 feet to any residence, it is recommended that the stack be at least 50% of the eave line of that residence, plus an additional two feet.
(4)
If located more than 150 feet but no more than 200 feet to any residence, it is recommended that the stack be at least 25% of the height of the eave line of that residence, plus an additional two feet.
§ 240-37 Structures near wind-power-generating facilities.
[Added 6-15-2005 by L.L. No. 4-2005]
Once a wind-power-generating facility has been erected, property owners may choose to erect structures on adjoining parcels. Such structures may be erected, provided they meet the setback provisions applicable to their zoning district for that type of use. The provisions of § 240-15 of this chapter, regarding wind power overlay districts, regarding setbacks of wind-power-generating structures, is intended to restrict only wind-power-generating structures being erected. Other structures being erected after a wind-power-generating structure is in existence need only meet setbacks otherwise applicable to that district.
§ 240-38 Small wind energy conversion systems.
[Added 1-21-2009 by L.L. No. 2-2009]
A.
Purpose and intent. The purpose of this article is to provide standards for small wind energy conversion systems designed for on-site home, farm, and small commercial use, and that are primarily used to reduce on-site consumption of utility power. The intent of this article is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare.
B.
Permitted areas.
(1)
Small wind energy conversion systems (small WECS) may be permitted in any zoning district on a site of at least one acre, upon issuance of a special use permit. A small WECS shall be set back from all property lines a distance equal to at least 1.5 times its height.
(2)
Any adjoining property owner within a radius of four times the height of the proposed small WECS will be required to grant approval for construction and operation of the turbine.
C.
Applications. Applications for small WECS special use permits shall include:
(1)
Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.
(2)
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner:
(a)
Confirming that the property owner is familiar with the proposed applications; and
(b)
Authorizing the submission of the application.
(3)
Address of each proposed tower site, including Tax Map section, block and lot number.
(4)
Site plan of each tower site, including but not limited to showing the location of the tower in relation to other structures and lot lines, topography of the site, location of trees and other landscape elements.
(5)
Ownership and land use information within a five-hundred-foot radius of the location proposed for each tower.
(6)
Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
(7)
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code.
(8)
Sufficient information demonstrating that the system will be used primarily to reduce off-site consumption of electricity.
(9)
Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owner electricity generator, unless the applicant does not plan to connect the system to the electricity grid, and so states so in the application.
D.
Application review process.
(1)
Applicants may request a preapplication meeting with the Town Planning Board, or with any consultants retained by the Planning Board for application review. Meetings with the Planning Board shall be conducted in accordance with the Open Meetings Law.[1]
[1]
Editor's Note: See Art. 7 of the State Public Officers Law.
(2)
Five copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any variances are requested, variance application fees shall be paid at the time of the receipt of the application.
(3)
Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this article is included in the application. Unless the Planning Board waives any application requirement, no application shall be considered until deemed complete.
(4)
If the application is deemed incomplete, the Planning Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of small WECS proposed is increased.
(5)
Upon submission of a complete application, including the grant of any application waiver by the Planning Board, the Town Clerk shall transmit the application to the Planning Board.
(6)
The Planning Board shall hold at least one public hearing on the application. Notice shall be given by first-class mail to property owners within 1,000 feet of each proposed small WECS and published in the Town's official newspaper, no less than 10 nor more than 20 days before any hearing, but where any hearing is adjourned by the Planning Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the notice of public hearing prepared by the Planning Board, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
(7)
The public hearing may be combined with public hearings on any environmental impact statement or requested variances.
(8)
Notice of the project shall also be given, when applicable, to the Lewis County Planning Board, if required by General Municipal Law § 239-l and 239-m, and to adjoining towns under Town Law § 264.
(9)
SEQRA review. Applications for WECS are deemed unlisted projects under SEQRA.[2] The Planning Board may conduct its SEQRA review in conjunction with other agencies, in which case the records of review by said communities shall be part of the record of the Planning Board's proceedings. The Planning Board may require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(10)
Upon receipt of the report of the recommendation of the County Planning Board, the holding of the public hearing, and the completion of the SEQRA process, the Planning Board may approve, approve with conditions, or deny the applications, in accordance with the standards in this article.
E.
Development standards. All small wind energy systems shall comply with the following standards. Additionally, such systems shall also comply with all the requirements established by other sections of this article that are not in conflict with the requirements contained in this section.
(1)
A small WECS system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application.
(2)
Setback requirements. A small WECS shall not be located closer to a property line than one and a half times the total height of the facility.
(3)
Noise. Except during short-term events including utility outages and severe windstorms, a small WECS shall be designed, installed and operated so that noise generated by the system shall not exceed ambient plus five decibels (dBA), as measured at the closest neighboring property line.
(4)
Small WECS may be used primarily to generate on-site power or to reduce the off-site supply of electricity.
(5)
Tower height may be allowed to vary, dependent on the technology employed. However, setbacks from all property lines shall be maintained, at a minimum, at one and a half times the total height of the tower.
(a)
The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.
(6)
The system's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.
(7)
The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, a small wind energy system shall use natural landforms and vegetation for screening.
(8)
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
(9)
All on-site electrical wires associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Town if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(10)
The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(11)
The system shall be operated such that no damage is caused by stray voltage. If it has been demonstrated that a system is causing stray voltage, the system operator shall promptly mitigate the damage or cease operation of the system.
(12)
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
(13)
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
(a)
Tower-climbing apparatus located no closer than 12 feet from the ground; or
(b)
A locked anti-climb device installed on the tower.
(14)
Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
(15)
Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to the preexisting natural condition after completion of installation.
(16)
To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a two-hundred-fifty-foot radius. Modifications of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(17)
All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Building Code and National Electric Code.
(18)
All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(19)
The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for wind power projects shall be adhered to both inside and outside of agricultural districts.
F.
Abandonment of use.
(1)
A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Town of Martinsburg.
(2)
All small WECS shall be maintained in good condition and in accordance with all requirements of this section.
§ 240-39 Adult use regulations.
[Added 10-21-2009 by L.L. No. 3-2009]
A.
Adult entertainment businesses and uses shall be permitted only in the Adult Use Overlay District as depicted by the Adult Use Map contained herein[1] and shall be subject to a special use permit issued by the Planning Board of the Town of Martinsburg.
[1]
Editor's Note: Said map is on file in the offices of the Town Clerk.
B.
Adult entertainment uses shall be a minimum of 1,000 feet from schools, churches, public parks and recreation lands, municipal buildings, municipal boundary lines and other adult entertainment uses. Measurement of distances shall be from the property lines of the use except in the separation from other adult uses, in which case the distance shall be measured from structure to structure.
C.
In addition to other criteria, the following shall be applied to any adult entertainment business or use:
(1)
Only one sign shall be visible from the exterior of any building which is occupied by an adult entertainment use. Any such signs shall not contain a gross surface area exceeding 32 square feet. No sign shall consist of any material other than plain lettering. No sign shall have any photographic or artistic representation whatsoever thereon.
(2)
All building openings, entries, windows and doors shall be located, covered or screened in such manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
(3)
No adult use shall be established in any building of which any part is used for residential purposes.
(4)
No residential use shall be established in any building which any part is used as an adult establishment.
§ 240-40 Fences.
[Added 11-17-2010 by L.L. No. 4-2010]
Fences may be erected on any lot in any district. With the exception of fences for an agricultural use, all fences shall be subject to a special use permit issued for compliance with the following restrictions:
A.
All fences must be on the property of the owner. It is recommended that a property survey be used to determined fence placement.
B.
Fences cannot extend out to the curbs of streets or beyond the edge of the Town right-of-way. Fences cannot impede automobile sight distance.
C.
Fences shall be four feet or less in height within 25 feet of any intersection of any road.
[Amended 8-21-2013 by L.L. No. 2-2013]
D.
Fences shall be placed two feet back from the property line in order that fence maintenance on both sides of the property line can be performed.
E.
No fence shall exceed six feet in height, except pursuant to site plan approval. No fence located within the minimum setback shall exceed four feet in height, or 2 1/2 feet in height within the visibility triangle of a corner lot.
F.
Fence shall be constructed with good side to neighbor using acceptable materials.
G.
The Town requires an approved barrier as per New York State Residential Code for all swimming pools as stated in that code.
§ 240-40.1 Solar collectors; installation.
[Added 5-18-2016 by L.L. No. 1-2016]
A.
A land use permit is required. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town of Martinsburg. Building permits shall be required for installation of all solar collectors. Solar collectors will not extend above the ridge and shall be set back from all roof edges a minimum of 18 inches. It shall extend no more than 12 inches above the roof surface to which it is affixed except in the case of flat roofs, which will be reviewed on a case-by-case basis.
B.
Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts in the Town, subject to the following requirements:
(1)
The location of the solar collector meets all applicable setback requirements of the zone in which it is located.
(2)
The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.
(3)
A building permit has been obtained for the solar collector.
(4)
All electrical wiring from the array is to be underground as per the Code.
C.
The applicant shall demonstrate that the solar collection system will be minimally visually intrusive to surrounding properties, buildings, roads, aviation, etc. The equipment shall use, to the extent practical, materials, colors and textures designed to blend with the structure to which it is affixed or, if it is not affixed, to harmonize with the natural surroundings. Equipment shall not be unnecessarily bright, shiny or reflective.
D.
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, general site compatibility and environmental impact assessment of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if there are any proposed changes or additions of solar collectors. A site plan review is required for all installations of solar energy equipment on nondwelling lots.
E.
All solar collector installations must, prior to operation, be inspected by the Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
F.
Where solar energy equipment is to be tied to and operated in parallel with facilities owned and operated by a public utility, the installation shall comply with all applicable rules and regulations, Public Service Law and utility tariffs governing the interconnection. In addition, copies of any interconnection agreement shall be provided to the Town Code Enforcement Officer prior to operation.
G.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use, and, when no longer used, they shall be disposed of in accordance with all applicable laws and regulations. Notification of the installation and/or removal of solar storage batteries shall be made to the fire department responsible for response to the location where the batteries are installed.
H.
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period. The Town retains the option to require a bond be obtained to cover the future removal of the facility.
§ 240-40.2 Minimum-maintenance roads; classification; seasonal use.
[Added 3-18-2020 by L.L. No. 1-2020]
A.
Purpose. The purpose of this section is to provide for the reasonable use of recreational, agricultural and forestry properties which are accessed solely by minimum-maintenance roads. This section allows for the reasonable use of such lands for seasonal uses without the prohibitively expensive public cost of providing for wheeled vehicular access through the snowplowing and winter maintenance of minimum-maintenance roads.
B.
Seasonal use classification is a use classification in addition to the use classifications otherwise discussed or defined in this chapter. Application for seasonal use classification may be made for any use which intends to have its principal access to a minimum-maintenance road.
C.
For a use to be established with its principal access to a minimum-maintenance road, it must also be classified as a seasonal use.
D.
Where a use has access to both a minimum-maintenance road and to a non-minimum-maintenance road, such use shall have its principal access to the non-minimum-maintenance road unless classified as a seasonal use.