[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
|
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
|
A.Â
A wind power overlay may be applied in the Rural Residential District
or the Agricultural District upon application to the Town Board.
B.Â
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)Â
The identity of the parcels to be affected, including Tax Map numbers
and acreage;
(2)Â
The consent of all property owners within the overlay;
(3)Â
Sufficient acreage to comply with setbacks and other requirements set forth in § 240-15 of this chapter;
(4)Â
The identity of the applicant; and
(5)Â
An environmental assessment form.
C.Â
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.Â
The Town Board shall make its determination within 62 days of when
the public hearing is closed.
[Added 3-4-2004 by L.L. No. 3-2004]
A.Â
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.Â
The following uses and activities are prohibited within the Water
Supply Protection Overlay District:
(1)Â
Storage or disposal of septage, sewage, sludge, or human excreta;
(2)Â
Application, storage, or disposal of compost, manure, and other animal
wastes;
(3)Â
Keeping or grazing of livestock;
(4)Â
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)Â
Storage or disposal of solid waste or radioactive materials;
(6)Â
Disposal of snow containing de-icing compounds;
(7)Â
Storage of de-icing compounds; and
(8)Â
Placement of dead livestock on the ground or burial beneath the surface
of the ground.
C.Â
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.Â
Any legally authorized representative(s) of the Town may, at a reasonable
time and in a reasonable manner, enter and inspect any place.