[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:
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H — Hamlet
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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.
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A — Agricultural
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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.
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RR — Rural Residential
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The areas within this district are sparsely settled, but generally
accessible by highway. Some forest and agricultural use may be present.
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F — Forest Resources
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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.
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WPO — Wind Power Overlay
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Area(s) in the Town of Martinsburg where wind-power-generating
facilities are allowed.
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WSP — Water Supply Protection Overlay
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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.
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AUO — Adult Use Overlay
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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.
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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]
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.
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.
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.
"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.
