Martinsburg City Zoning Code
ARTICLE 1325
Zoning Districts
1325.01 ESTABLISHMENT OF ZONING DISTRICTS.
The following Zoning Districts are hereby established in the City (Table 1325-1):
Table 1325-1, Zoning Districts and Transect Subdistricts
ZONING DISTRICTS | RURAL-TO-URBAN TRANSECT SUBDISTRICTS | ||||
T-1 | T-2 | T-3 | T-4 | T-5 | |
RESIDENTIAL | |||||
UR-Urban Residential | UR-2 | UR-3 | |||
SR- Suburban Residential | SR-1 | SR-2 | |||
MIXED USE DISTRICTS | |||||
DTN - Downtown | DT-4 | DT-5 | |||
MUR - Mixed Use Residential | MUR-2 | MUR-3 | |||
MUC - Mixed Use Commercial | MUC-3 | ||||
ZONING DISTRICTS | RURAL-TO-URBAN TRANSECT SUBDISTRICTS | ||||
T-1 | T-2 | T-3 | T-4 | T-5 | |
INSTITUTIONAL-DISTRICT | |||||
MIN-Medical Institutional | MIN-3 | ||||
SPECIAL DISTRICTS | |||||
AR - Annexation Reserve | |||||
HPO-Historic Preservation District Overlay | |||||
FPO-Flood Plain District Overlay | |||||
EDO- Economic Development Overlay | |||||
(Ord. 2021-07. Passed 7-21-21.)
1325.02 ZONING MAP.
The Zoning Districts established by Section 1325.01
are shown on the City’s official Zoning Map, which is adopted, and incorporated herein in its entirety, as part of this Ordinance. The Zoning Districts include subdistricts based on transects
(a) Promptly following enactment of this Ordinance, the City Engineer/Planning Director or designee shall place the following legend on the official Zoning Map adopted as part of this Ordinance, the Mayor shall execute the same on behalf of City Council, and the City Recorder shall attest to the same: “On <DATE>, by official action of City Council, the map bearing this legend was adopted as the official Zoning Map of the City by enactment of the Zoning Ordinance of the City, West Virginia, Part 13, Chapter 3 of the Martinsburg Code.”
(b) If, in accordance with the provisions of this Ordinance and applicable law, the provisions of this Ordinance and/or Zoning District boundaries are amended in any manner that renders the existing Zoning Map no longer accurate, then, promptly following adoption of such amendment, the City Engineer/Planning Director or designee shall have prepared, and present to the Mayor and City Recorder for execution, a revised zoning map accurately reflecting all changes necessitated by the amendment, upon which is placed the following legend: “On July 21, 2021, by official action of City Council, the map bearing this legend was adopted as the revised official Zoning Map of the City in order to accurately reflect amendments made on said date to the Zoning Ordinance of the City, West Virginia, Part 13 of the Martinsburg Code, and/or Zoning District boundaries provided for therein.” Upon execution by the Mayor on behalf of City Council and attestation by the City Recorder, such revised map shall be the official Zoning Map of the City.
(c) No changes of any nature shall be made in the official Zoning Map except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any Person or Persons shall be considered a violation of this Ordinance.
(d) Certified Zoning Maps shall be filed with the City Recorder, the City Planning Commission, and the Clerk of the County Commission of Berkeley County.
(Ord. 2021-07. Passed 7-21-21.)
1325.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of Zoning Districts as shown on the official Zoning Map, the following rules shall apply:
(a) Boundaries indicated as approximately following the centerlines of Streets, highways, or Alleys shall be construed to follow such centerlines;
(b) Boundaries indicated as approximately following property lines or platted Lot lines, shall be construed as following such lines;
(c) Boundaries indicated as approximately following City limits shall be construed as following City limits;
(d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; and
(e) Boundaries that are in un-subdivided property or where a Zoning District boundary divides a Lot shall be determined by the use of the map scale as shown thereon.
(Ord. 2021-07. Passed 7-21-21.)
1325.04 URBAN RESIDENTIAL (UR) DISTRICT.
The following regulations govern land Use within the Urban Residential (UR) District:
(a) Purpose. The UR District is intended for the older residential areas of Martinsburg where a variety of housing types, built primarily on small lots, have been constructed over a long period to form a compact and urban grid pattern of residential development. New growth should be compatible with the character and scale of existing housing. The district also supports neighborhood-scaled, personal service businesses, and like the Downtown District, promotes reinvestment and revitalization that emphasizes high quality design of buildings and public spaces. Neighborhoods in this district successfully integrate diverse housing types available to a variety of household incomes. Common neighborhood characteristics include front porches, stoops, pitched roofs, and front entryways accessible to the larger City sidewalk system. Streets in the district are well lit, easy to cross, green, and pedestrian friendly. Many blocks include Alleys which allow rear parking and service.
(b) Building Form Regulations. Figures 1325-1 and 1325-2 specify the UR District’s building form regulations.
(1) Figure 1325-1 URBAN RESIDENTIAL: UR-2.
A. USE
See Table 1327-01
B. BUILDING CONFIGURATION
Principal Building | 2.5 stories max. 1 min 35' max height |
Outbuilding | 1.5 stories max |
Impervious Coverage | 60% max |
Lot Width | 50 min 80' max |
Lot Depth | 110' min 160' max |
Lot area | 5,000 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 12' min, 25' max” |
(c.2) Corner Lot Secondary, Street Front Setback | secondary frontage qualifies as a side |
(c.3) Side Setback | 5' min for detached; attached permitted |
(c.4) Rear Setback | 25' min |
(c.5) Frontage Buildout | 80% min at setback |
C.a. ALLOWANCES FOR FRONT-LOADED LOTS
(c.2a) Side Setback | 5' min |
(c.5a) Frontage Buildout | 50% min to setback |
(d.1a) Outbuilding Front Setback | 10 + bldg setback min. 35' max permitted in front |
D. SETBACK - OUTBUILDING
(d.1) Front Setback | 50' max from rear |
(d.2) Side Setback | 5' min |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted; may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Shop | not permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards
(f.1) Parking should be accessed from an alley. Existing lots without alley access may use the allowances in section C.a to obtain a larger setback. |
(2) Figure 1325-2 URBAN RESIDENTIAL: UR-3.
A. USE
See Table 1327-01
B. BUILDING CONFIGURATION
Principal Building | 3.5 stories max. 2 min 46' max height |
Outbuilding | 2 stories max |
Impervious Coverage | 70% max |
Lot Width | 30 min 40' max |
Lot Depth | 100' min 140' max |
Lot area | 3,000 sf min |
C. SETBACKS- PRINCIPAL BUILDING
(c.1) Front Setback Principal | 8' min, 16' max” |
(c.2) Corner Lot Secondary, Street Front Setback | secondary may be treated as a side or front |
(c.3) Side Setback | detached units: 5' min attached units permitted, 0' |
(c.4) Rear Setback | 40' min |
(c.5) Frontage Buildout | 100% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 40' max from rear |
(d.2) Side Setback | 0' min if attached, 5' min if detached |
(d.3) Rear Setback | 3' min |
E. PRIVATE FRONTAGES
Porch | permitted; may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Shop | not permitted |
Shopfront & Awning | permitted on commercial uses only |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards
(f.1) Parking should be accessed from an alley. Existing lots without alley access may use the allowances in section C.a to obtain a larger setback. |
(Ord. 2021-07. Passed 7-21-21.)
1325.05 SUBURBAN RESIDENTIAL (SR) DISTRICT.
The following regulations govern land Use within the Suburban Residential (SR) District:
(a) Purpose. The SR District provides for a moderately compact residential development at an average density of approximately under ten (10) dwelling units per acres with slightly higher density confined to specific blocks. This district includes single family housing neighborhoods with large front yards to provide privacy. Streets are lined with trees and landscaping, and blocks may or may not include Alleys for rear access. The maintenance and protection of the existing established residential neighborhoods is a major goal of the district and future development will generally occur in a gradual manner, through the infilling of vacant lots or the replacement of older structures. New infill should reflect the character, scale, and site placement of the neighboring homes on any given block.
(b) Building Form Regulations. Figures 1325-3 and 1325-4 specify the SR District’s building form regulations.
(1) Figure 1325-3 SUBURBAN RESIDENTIAL; SR-1.
A. USE
See Table 1327-01
B. BUILDING CONFIGURATION
Principal Building | 2.5 stories max. 1 min 32' max height |
Outbuilding | 1.5 stories max |
Principal Building | 2.5 stories max, 1 min 32' max height |
Outbuilding | 1.5 stories max |
Impervious Coverage | 40% max |
Lot Width | 80' min |
Lot Depth | 120' min |
Lot Area | 9,600 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 30' min, 50' max* |
(c.2) Corner Lot Secondary Street Front Setback | may treat secondary frontage as a side or front |
(c.3) Side Setback | 10' min |
(c.4) Rear Setback | 30' min |
(c.5) Frontage Buildout | 50% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 10' + front setback |
(d.2) Side Setback | 10' min |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted |
Fence | permitted |
Terrace or Forecourt | permitted |
Stoop | permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Most lots in SR-1 are front-loaded. Alley access is encouraged where possible. Corner lots should access parking from the secondary street |
*CLEARLY PREVAILING YARD PATTERN: For lots surrounding by pre-existing structures, the setback may match the smallest neighboring setback as shown in g.1, even if it exceeds the maximum as stated in c.1. |
(2) Figure 1325-4 SUBURBAN RESIDENTIAL; SR-2.
A. USE
See Table 1327-01
B. BUILDING CONFIGURATION
Principal Building | 2.5 stories max, 1 min 35' max height |
Outbuilding | 1.5 stories max |
Impervious Coverage | 50% max |
Lot Width | 50' min |
Lot Depth | 100' min |
Lot Area | 5,000 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 16' min, 25' max* |
(c.2) Corner Setback | secondary frontage qualifies as a side |
(c.3) Side Setback | 5' min |
(c.4) Rear Setback | 50' min |
(c.5) Frontage Buildout | 80% min at setback |
C.a ALLOWANCES FOR FRONT-LOADED LOTS
(c.2a) Side Setback | 5' min |
(c.5a) Frontage Buildingout | 50% min to setback |
(d.1a) Outbuilding Front Setback | 10' + bldg setback min, 35' max permitted in front |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 50' max from rear |
(d.2) Side Setback | 5' min |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted, may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | not permitted |
Stoop | permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Alley access is encouraged where possible. Existing lots without alley access may use the allowances in section C.a to obtain a larger setback. |
(Ord. 2021-07. Passed 7-21-21.)
1325.06 DOWNTOWN (DT) DISTRICT.
(a) Purpose. The Downtown Zoning District is established to maintain the character and function of the City's historic central business district and its bordering, historic residential neighborhoods. The district promotes a Main Street environment characterized by mixed use; walkability, accessibility and connectivity; public transportation access; civic and public spaces and the sharing of parking and other public infrastructure. This district promotes reinvestment and revitalization that emphasizes high quality design of buildings and public spaces to uphold the district’s historic integrity. Retail uses are prioritized here, specifically on the ground floor. Building heights are permitted to be higher in this district than in any other, to encourage a mix of uses to focus on locating in the Downtown District. Blocks include Alleys for rear access, and streets include sidewalks and minimal or zero setback to encourage pedestrian activity and high visibility in the public realm and along the street frontage.
(b) Building Form Regulations. Figures 1325-5 and 1325-6 specify the DT District’s building form regulations.
(1) Figure 1325-5 DOWNTOWN NEIGHBORHOOD DT-4.
A. USE
See Table 1327-1
B. BUILDING CONFIGURATION
Principal Building | 3.5 stories max, 2 min 48' max height |
Outbuilding | 2 stories max |
Impervious Coverage | 80% max |
Lot Width | 50' min |
Lot Depth | 30' min |
Lot Area | 100' min |
Lot Density | 800-1800 sf per residential unit |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 0' min, 8' max* |
(c.2) Corner Lot Secondary Street Front Setback | 0' min 8' max |
(c.3) Side Setback | 0' min permitted if building is attached. 5' min, 8' max if detached |
(c.4) Rear Setback | 3' min |
(c.5) Frontage Buildout | 80% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 50' max from rear |
(d.2) Side Setback | 0' min if attached, 5' min, if detached |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted |
Fence | not permitted |
Terrace or Forecourt | permitted. Maximum width 20% of lot frontage |
Stoop | permitted |
Shopfront & Awning | permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Parking is only allowed in the rear. Parking should be accessed from an alley where possible. |
(f.2.) Building setback from parking is 0' min |
(2) Figure 1325-6 DOWNTOWN CORE: DT-5.
A. USE (See Table 1327-1)
Ground Floor | residential not permitted |
Upper Floors | all uses permitted per Table 1327-1 |
B. BUILDING CONFIGURATION
Principal Building | 5 stories max, 3 min 66' max height |
Height Addition | additional 6th floor is allowed if recessed 20' |
Outbuilding | 3 stories max |
Impervious Coverage | 100% max |
Lot Width | 30' min |
Lot Depth | 100' min |
Lot Density | 800-1600 sf per residential unit |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 0' min 3' max |
(c.2) Corner Lot Secondary Street Front Setback | 0' min 5' max |
(c.3) Side Setback | 0' min 5' max |
(c.4) Rear Setback | 3' min |
(c.5) Frontage Buildout | 100% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 50' max from rear |
(d.2) Side Setback | 0' min if attached, 5' min if detached |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | not permitted |
Fence | not permitted |
Terrace or Forecourt | not permitted |
Stoop | not permitted |
Shopfront & Awning | permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Parking is only allowed in the rear. Parking should be accessed from an alley where possible. |
(f.2.) Building setback from parking is 0' min |
(Ord. 2021-07. Passed 7-21-21.)
1325.07 MIXED USE RESIDENTIAL (MUR) DISTRICT.
(a) Purpose. The MUR District provides a place for where diverse residential living is encouraged. This District permits modern larger scale residential development integrated with needed personal and professional services as well as retail uses existing separately or within a residential building to provide opportunities for new development and redevelopment in existing well-connected, neighborhoods. A range of residential housing types are permitted and will be the majority of new development, including detached single-family houses, duplexes, patio homes, townhomes, live/work units, or apartments. Some small-scale commercial uses may be allowed on larger streets if the buildings are scaled to the neighborhood and the uses are those that are compatible with the neighborhood. These could include a church, small boutique clothing store, doctor’s office, day care center, coffee shop, or dry cleaner. The MUR district is intended to accommodate new growth in areas near activity centers and major streets and to allow for a vertical or horizontal mix of uses on sites. All new development and redevelopment will be pedestrian-oriented and shall be accessible via local streets to parks, schools, and nearby commercial centers. Development will be designed so that its form, height, and proportion are compatible with existing adjacent development.
(b) Building Form Regulations. Figures 1325-7 and 1325-8 specify the MUR District’s building form regulations.
(Ord. 2021-07. Passed 7-21-21.)
(1) Figure 1325-07 MIXED USE RESIDENTIAL; MUR-2.
A. USE
See Table 1327-01 |
B. BUILDING CONFIGURATION
Principal Building | 3 stories max, 1 min 40' max height |
Outbuilding | 1 story max |
Impervious Coverage | 60% max |
Lot Width | 20' min |
Lot Depth | 100' min |
Lot Area | 2,000 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 20' min, 35' max* |
(c.2) Corner Lot Secondary Street Front Setback | 16' min, 28' max* |
(c.3) Side Setback | detached units: 5' min attached unit permitted: 0' |
(c.4) Rear Setback | 20' min |
(c.5) Frontage Buildout | 75% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 20' min. May protrude up to 5' beyond Front Facade |
(d.2) Side Setback | 0' min if attached, 5' min if detached |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted, may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Stoop | permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Lots may be front-loaded, side-loaded, or alley-loaded. |
(Ord. 2021-07. Passed 7-21-21; Ord. 2022-16. Passed 12-8-22.)
(2) Figure 1325-8 MIXED USE RESIDENTIAL: MUR-3.
A. USE
See Table 1327-1 |
B. BUILDING CONFIGURATION
Principal Building | 3.5 stories max, 2 min 46' max height |
Outbuilding | 2 stories max |
Impervious Coverage | 60% max |
Lot Width | 20' min |
Lot Depth | 100' min |
Lot Area | 2,000 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 8' min, 16' max |
(c.2) Corner Lot Secondary Street Front Setback | secondary frontage may be treated as a side or front |
(c.3) Side Setback | detached units: 5' min attached unit permitted: 0' |
(c.4) Rear Setback | 50' min |
(c.5) Frontage Buildout | 75% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 20' + front setback |
(d.2) Side Setback | 0' min if attached, 5' min if detached |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted, may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Stoop | permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Lots may be front-loaded, side-loaded, or alley-loaded. In all cases, garages must be located in the third layer and recessed 20' behind the Front Setback (d.1.) |
(Ord. 2021-07. Passed 7-21-21.)
1325.08 MIXED USE COMMERCIAL (MUC) DISTRICT.
(a) Purpose. The MUC District provides for the development of commercial and related business activities designed to serve the community and will incorporate upper floor residential and or other multifamily buildings within a planned development. It is intended that this District be located outside the Downtown at the City’s gateway areas and adjacent or connected to major transportation corridors in the City including I-81 and Routes 9, 11 and 45. Direct access to major highways requires additional attention be given to connector road widths, access drive, bike lane, and pedestrian movement and safety requirements. Uses permitted in this district draw customers from a wide trade area and in many cases their size and scale of operation would not be compatible with the Downtown District. This District blends residential, commercial, cultural, institutional, or entertainment uses into one space, where those functions are to some degree physically and functionally integrated, and that provides pedestrian connections. Mixed-use development may be applied in new real estate development projects or future redevelopment projects in the City or may apply to a single building either existing or new.
(b) Building Form Regulations. Figure 1325-9 specifies the MUC District’s building form regulations.
(1) Figure 1325-9 MIXED USE COMMERCIAL: MUC-3.
A. USE
See Table 1327-1 |
B. BUILDING CONFIGURATION
Principal Building | 3.5 stories max, 1 min 46' max height |
Outbuilding | 2 stories max |
Impervious Coverage | 80% max |
Lot Width | 20' min |
Lot Depth | 100' min |
Lot Density | 1200-2000 sf per residential unit |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 8' min, 16' max |
(c.2) Corner Lot Secondary Street Front Setback | secondary frontage may be treated as a side or front |
(c.3) Side Setback | detached units: 5' min attached unit permitted: 0' |
(c.4) Rear Setback | 30' min |
(c.5) Frontage Buildout | 75% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | 60' max from rear |
(d.2) Side Setback | 0' min if attached, 5' min if detached, Corner lots: 10' required from street-facing side |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted, may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Stoop | permitted |
Shopfront & Awning | not permitted |
Arcade | not permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Parking is only allowed in the rear. Alley access is encouraged. Alleys should be accessed from the secondary street where possible. |
G. MASTER PLAN REQUIREMENT
a. For a redevelopment of developed properties, expansion over 25% of existing buildings, or development of vacant properties, development with the Mixed Use Commercial district shall be depicted on a master plan prepared and submitted pursuant to the site plan application process specified under Section 1301.09
of this Ordinance. b. For development of pad-sites or out-parcels of existing, developed properties, or an expansion of up to 25% of an existing building, development within the Mixed Use Commercial district shall be depicted on a land development plan, with no master plan required. |
(Ord. 2021-07. Passed 7-21-21.)
1325.09 MEDICAL-INSTITUTIONAL (MIN) DISTRICT.
(a) Purpose. The MIN District is established to recognize that there are certain public, quasi-public, and institutional land uses needed in the City and should be located in close proximity to one another. Buildings in this district have flexibility in their placement and size but are intended to face entrances towards a street or public space. They should include a front layer of landscape or yard that reflect the scale of the residential neighborhoods that are immediately adjacent and contribute to a walkable neighborhood character. Large medical centers and small separate facilities are accommodated in this district. Shared access and parking areas set back from the street help simplify traffic flow and keep the street safe for pedestrians and other users.
(b) Building Form Regulations. Figure 1325-10 specifies the MIN District’s building form regulations.
(1) Figure 1325-10 MEDICAL-INSTITUTIONAL: MIN-3.
A. USE
See Table 1327-1 |
B. BUILDING CONFIGURATION
Principal Building | 4 stories max, 1 min 54' max height |
Outbuilding | 2 stories max |
Impervious Coverage | 80% max |
Lot Width | 60' min |
Lot Depth | 100' min |
Lot Area | 6,000 sf min |
C. SETBACKS - PRINCIPAL BUILDING
(c.1) Front Setback Principal | 20' min, 30' max |
(c.2) Side Setback | 10' min |
(c.3) Rear Setback | 40' min |
(c.4) Frontage Buildout | 50% min at setback |
D. SETBACKS - OUTBUILDING
(d.1) Front Setback | front setback principal + 20' |
(d.2) Side Setback | 10' min |
(d.3) Rear Setback | 5' min |
E. PRIVATE FRONTAGES
Porch | permitted, may extend up to 8' beyond front setback |
Fence | permitted |
Terrace or Forecourt | permitted |
Stoop | permitted |
Shopfront & Awning | permitted |
Arcade | permitted |
F. PARKING PROVISIONS
See Martinsburg Subdivision and Land Development Ordinance, Article 1307
, Parking and Loading Standards |
(f.1) Parking must be located min 20' behind the front facade of the principal building. Shared parking lots and access drives are encouraged. |
(Ord. 2021-07. Passed 7-21-21.)
1325.10 ANNEXATION RESERVE (AR) DISTRICT.
(a) Purpose.
(1) The Annexation Reserve (AR) District is the zoning classification applied to an annexed parcel(s) upon approval and assignment into the City's jurisdiction. The AR District is a temporary holding district meant to accommodate existing Uses until the zoning classification(s) deemed most appropriate for the annexed parcels has been enacted through the zoning amendment provisions specified under Section 1321.12
of this Ordinance.
(2) Parcels in the AR District may not be subdivided until the City has enacted the zoning classification(s) deemed most appropriate for the annexed parcels.
(3) An approved rezoning to any other Zoning District authorized by this Ordinance, or as amended, is necessary prior to subdivision or further development of such parcels or undertaking Uses other than the Uses existing thereon at the time of annexation. The rezoning request must be compatible with the goals and policies of the Martinsburg Comprehensive Plan.
(b) Authority. The AR District is hereby created under the authority of Chapters 8-6-1(a) and 8A-7-2(b)(1) of the West Virginia Code. Respectfully thereunder, unincorporated territory may be annexed to and become part of a municipality contiguous thereto and municipalities may regulate the use of land and designate or prohibit specific land uses within its municipal jurisdiction.
(Ord. 2021-07. Passed 7-21-21.)
1325.11 HISTORIC PRESERVATION OVERLAY (HPO) DISTRICT.
(a) Purpose. The purpose of the HPO District is to provide a mechanism for the protection, enhancement and perpetuation of those historic Structures and areas in the City that have significant historical, architectural, archeological and cultural merit. Sites established to reflect elements of the cultural, social, economic, political or architectural history are intended to:
(1) Safeguard the heritage of Martinsburg own as embodied and reflected in such Structures;
(2) Stabilize and improve property values in such zones and in the City generally;
(3) Foster civic pride in the beauty and noble accomplishments of the past;
(4) Strengthen the economy of the City; and
(5) Promote the use of Historic Sites, Structures and Landmarks for the education, pleasure, and welfare of Martinsburg residents.
(b) Authority. The “Martinsburg Historic Preservation Overlay District,” is hereby created in accordance with Chapters 8A-7-2(b)(3) and 8A-7-2(b)(7) of the West Virginia Code.
(c) Application. Except as modified by the overlay Zoning District, the provisions of the applicable base Zoning District shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay Zoning District regulations shall prevail. Whenever an overlay district is established, any subsequent application to change the base Zoning District shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.
(d) Boundaries of District. The Historic Preservation Overlay (HPO) District is created as a special Zoning District to be overlaid on to the existing underlying “fixed” Zoning Districts. The boundaries of the HPO District shall conform to the boundaries of Lots lawfully created and of record in the Office of the Clerk of Berkeley County at the time of designation of the HPO District.
(e) Historic Overlay District Map. The area included within the Martinsburg Historic District is that as shown on the Official Historic Martinsburg Map, which together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this Ordinance.
(f) Official Map. The Official Historic Martinsburg Map, which shall be located in the City Planning Department, shall be the final authority as to the current historic status of Buildings and other Structures in the City for purposes of this Section.
(g) Boundaries. The boundaries of the HPO District are established according to the Official Historic Martinsburg Map.
(h) Changes to Map.
(1) If, in accordance with the provisions of this Section, changes are made to the Historic District boundaries or other matter portrayed on the Official Historic Martinsburg Map, such changes shall be entered on the Official Historic Martinsburg Map promptly after the amendment has been approved by the City Council, with an entry on the Official Historic Martinsburg Map as follows: “On <DATE>, by official action of City Council, the following (change) changes were made in the Official Historic Martinsburg Map: <BRIEF DESCRIPTION OF NATURE OF CHANGE>,” which entry shall be signed by the Mayor and properly attested to by the City Recorder. No amendment to this Section which involves a matter portrayed on the Official Historic Martinsburg Map shall become effective until after such change and entry has been made on said map and until such change, if it involves the addition of an area to the district, has been approved by the West Virginia Division of Culture and History by virtue of a resolution certifying to the historical significance of the new area.
(2) No changes of any nature shall be made in the Official Historic Martinsburg Map or matter shown thereon except in conformity with the procedures set forth in this subsection (e). Any unauthorized change of whatever kind by any Person or Persons shall be considered a violation of this Section.
(g) Uncertain Boundaries. Where uncertainty exists as to the boundaries of the HPO District as shown on the Official Historic Martinsburg Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of Street or Alley rights-of-way shall be construed to follow such center lines;
(2) Boundaries indicated as parallel to, or extensions of features indicated in the above shall be so construed; and
(3) Where physical or cultural features existing on the ground are at variance with those shown on the Official Historic Martinsburg Map, or in other circumstances not covered by the above, the City Engineer/Planning Director or designee shall interpret the HPO District boundaries.
(h) Certification. The existing Martinsburg Historic District has been duly certified under state law by the West Virginia Division of Culture and History. Prior to any changes in the Official Historic Martinsburg Map, all required certification shall be received from the West Virginia State Historic Preservation Officer (SHPO).
(i) Historic Preservation Review Commission. Pursuant to the authority granted to the City by Article 26A, Chapter 8 of the West Virginia Code, the City has established the “Martinsburg Historic Preservation Review Commission”.
(j) Historic Preservation Ordinance. The City’s Historic Preservation Ordinance1 is hereby incorporated by reference. Such ordinances establish the City’s rules, regulations, policies, procedures, and standards related to the administration and enforcement of the Historic District including provisions related to the appeal of the actions and decisions of the Historic Preservation Review Commission.
(Ord. 2021-07. Passed 7-21-21.)
1325.12 FLOOD PLAIN OVERLAY (FPO) DISTRICT.
(a) Purpose. The purpose of the Flood Plain Overlay (FPO) District is to:
(1) Regulate the permitted Use of flood-prone areas;
(2) Where there happens to be any conflict between the provisions or requirements of any of the Flood Plain Districts and those of any underlying district the more restrictive provisions and/or those pertaining to the Flood Plain Districts shall apply.
(3) In the event any provisions concerning a Flood Plain District is declared inapplicable, as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
(4) Require the utilization of appropriate construction practices and design standards in order to prevent or minimize flood damage in the future; and
(5) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing the unwise use and development of property in areas subject to flooding.
(b) Authority. West Virginia Code Chapter 8A-7-2(b)(12) gives municipalities the authority to identify flood-prone areas subject to periodic flooding and regulate with specific control the permitted use, type of construction and height of floor levels above base flood elevation permitted in the area so as to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or flood waters.
1 Adopted April 8, 1982 and as amended by Ordnance Adopted June 29, 1988.
(c) Application. Except as modified by the overlay Zoning District, the provisions of the applicable base Zoning District shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay Zoning District regulations shall prevail. Whenever an overlay district is established, any subsequent application to change the base Zoning District shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.
(d) Flood Plain Ordinance. The City’s Flood Plain Ordinance, Ordinance 2009-06, is hereby incorporated by reference and establishes requirements for Flood Plain management including: general provisions, interpretations and definitions, establishes Flood Plain areas, boundary disputes, alternations, criteria for building and site plan approval, administration, appeals and penalties, government actions, and municipal liability.
(e) Boundaries of District.
(1) To the extent the City Flood Plain Ordinance as amended identifies areas prone to or otherwise at risk of flood, including without limitation by reference to a Flood Insurance Rate Map or FEMA Flood Insurance Study, such areas shall be deemed identified as flood-prone areas for purposes of this Ordinance and included within the FPO.
(2) Boundaries indicated as approximately following the center lines of Street or Alley rights-of-way shall be construed to follow such center lines;
(3) Boundaries indicated as parallel to, or extensions of features indicated in the above shall be so construed; and
(4) Where physical or cultural features existing on the ground are at variance with those shown on the Flood Insurance Rate Map, or in other circumstances not covered by the above, the City Engineer/Planning Director or designee shall interpret the FPO District boundaries.
(Ord. 2021-07. Passed 7-21-21.)
1325.13 ECONOMIC DEVELOPMENT OVERLAY DISTRICT.
(a) Purpose. The purpose of the Economic Development Overlay (EDO) is to facilitate the redevelopment and reinvestment within approved Urban Renewal Districts in the City.
(b) Authority. The Urban Renewal Authority Law established under West Virginia Code Chapter 16, Article 18, authorizes the City Council to establish an Urban Renewal Authority and Urban Renewal Districts.
(c) Application. Except as modified by the overlay Zoning District, the provisions of the applicable base Zoning District shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay Zoning District regulations shall prevail. Whenever an overlay district is established, any subsequent application to change the base Zoning District shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.
(d) Boundaries of District. Redevelopment plans prepared by the City Planning Department, reviewed by the City Planning Commission and adopted by City Council identify the boundaries of geographically delineated areas within the City, which have been identified as areas of blight. To mitigate these conditions, the Urban Renewal Authority redevelopment plans contain specific provisions for land use, development standards, façade restoration, demolition and other redevelopment-related activities to foster new public and private capital investment.
(e) Permitted Uses.
(1) Property and buildings in the Urban Renewal District may be used for the purpose permitted by the base Zoning District legislatively approved for the district by City Council. Furthermore, additional uses may be permitted by the Urban Renewal Redevelopment Plan for each Urban Renewal District approved by City Council pursuant to the Code of West Virginia, Chapter 16, Article 18, as amended.
(2) When an Urban Renewal District expires, the properties included within the expired district’s boundaries shall continue to be permitted and limited in accordance with the expired redevelopment plan until such time as City Council rezones the properties in accordance with Section 1321.12 of this Ordinance.
(f) Applications. All applications for development and redevelopment activities of properties located within an Urban Renewal District, as approved by City Council, shall be initiated with the Urban Renewal Authority.
(Ord. 2021-07. Passed 7-21-21.)