Martinsburg City Zoning Code

ARTICLE 1327

Zoning Uses

1327.01 GENERAL PROVISIONS.

The following general provisions apply to the uses outlined in this section.

(a) A Lot may contain more than one Principal Use, unless otherwise specified.

(b) Each of the principal uses may function as either a principal Use or Accessory Use on a Lot, unless otherwise specified.

(c) Uses are either permitted by right in a District, permitted by right with conditions, or require a Special Exception in order to be developed.

(d) Each use shall be located indoors (i.e., within a Building) unless otherwise expressly stated.

(Ord. 2021-07. Passed 7-21-21.)

1327.02 APPLICABILITY.

(a) No Building, Structure, or Land shall be used in any way other than the uses permitted in the Zoning District in which the Building, Structure, or Land is located, with the exception of the continuation of existing Uses.

(b) Continuation of Existing Uses. The continuation of any Use existing and permitted at the time of adoption of these regulations is permitted, subject to the Nonconforming Use standards specified in Article 1329 , Supplemental Regulations.

(Ord. 2021-07. Passed 7-21-21.)

1327.03 USES.

(a) Table 1327-1, Table of Permissible Uses, identifies the Principal, Accessory, and Temporary Uses allowed in each Zoning District and are defined in this Article.

(b) Principal, Accessory, and Temporary Uses are given one of the following designations specified in Table 1327-1.

(1) Permitted by Right (“R”). These Uses are permitted automatically by right in the Zoning Districts in which they are listed are subject to the general regulations under this Ordinance.

(2) Permitted by Special Exception (“SE”). These Uses are not permitted by right but are subject to the general regulations and the conditions imposed in a Special Exception permit issued by the Board of Zoning Appeals under this Ordinance.

(3) Prohibited Uses. Uses without a designated letter symbol (i.e. “R” or “SE”) are prohibited in the Zoning District because they are considered incompatible with the intent of the District.

(Ord. 2021-07. Passed 7-21-21.)

1327.04 ORGANIZATION.

Uses are grouped into general categories, which are further broken into subcategories and specific use types that are specifically defined in this Article.

(Ord. 2021-07. Passed 7-21-21.)

1327.05 UNLISTED USES.

Uses not expressly listed in Table 1327-1 shall be permitted if directly related and incidental to the allowed principal Permitted Use or Special Exception Use of the subject Lot, as determined by the City Engineer/Planning Director or designee.

(Ord. 2021-07. Passed 7-21-21.)

1327.06 PROHIBITED USES.

The following Uses are prohibited in any Zoning District.

(a) Sanitary Landfills.

(b) Scrapyards/Junkyards.

(c) Any Use that, though properly and safely operated with ordinary care, according to good and reasonable practice, causes noxious or offensive odors, gas, fumes, smoke, dust, vibrations or noise that would substantially interfere with other principal Permitted Use or Special Exception Use of the subject Lot, or with development in adjacent Zoning Districts, shall be prohibited. Determination of whether a use is allowed shall be made by the City Engineer/Planning Director or designee and the decision may be appealed to the Board of Zoning Appeals.

(d) Accessory Uses not expressly covered in Table 1327-1.

Table 1327-1 Table of Permissible Uses.

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
RESIDENTIAL AND LODGING
Household Living
Single Family Detached Dwelling	R	R	R	R
Single Family Semi-Attached Dwelling	R	R	R	R
Two-Family Dwelling	SE	SE	R	R
Multi-Family Dwelling	SE		R	R	R	R
Townhouse Dwelling	SE		SE	R	R	R
Efficiency/Micro-Unit Dwelling	SE		R	R	R	R
Bed and Breakfast 2	R	R	R	R	R	R
Tourist Home2	R	R	R	R	R	R
Group Residential Facility/Home3	R	R	R	R	R	R
Hotel/Apartment Hotel			R	R	R	R
Manufactured Homes and Factory-Built Housing	SE			SE
Nursing Home Facility				SE	SE	R
Rooming houses and Boarding house	SE		SE	SE
Temporary Shelter Facility	SE		SE	SE

2 Pursuant to West Virginia Code §8-1-5a, Municipal Home Rule Program, municipalities may not prohibit or effectively limit the rental of a property, in whole or in part, or regulate the duration, frequency, or location of such rental, in whole or in part.

3 Pursuant to West Virginia Code §8A-11-2, a Group Residential Facility / Home shall be a permitted residential use of property for the purposes of zoning and is a permitted use in zones or districts where single family dwelling units or multifamily dwelling units are permitted. A governing body of a municipality or a county, and a planning commission, cannot discriminate in regard to housing and cannot require a group residential facility or its owner or operator, to obtain a conditional use permit, special use permit, special exception or variance to locate a group residential facility in a zone or district where single family dwelling units or multifamily dwelling units are permitted.

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
CIVIC AND INSTITUTIONAL
Assembly, Neighborhood	R	SE	R	R	R	R
Assembly, General	SE	SE	SE	R	R	R
Government Faiclity	R	R	R	R	R	R
Higher Education			SE		R	R
Hospital						R
Library/Museum	SE		R	R	R	R
Police/Fire/EMS	R	R	R	R	R	R
School, Pre-K, Elementary, Intermediate	SE	SE	R	R	R	R
School, High School, Higher Education	SE	SE	R	R	R	R
Stadium/Arena					SE	SE
Transit Station	SE		R	R	R	R
OPEN SPACE
Community Garden	R	R	R	R	R	R
Honey Beekeeping	SE	SE	SE	SE	SE	SE
Intensive Park Uses	SE	SE	SE	SE	SE	SE
Park	R	R	R	R	R	R
Urban Farm			SE	SE	SE	SE

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
RETAIL USES
Neighborhood Retail	R		R	R	R	R
General Retail	SE		R	R	R	R
Commercial Equipment and Supply	SE				R
Convenience Store	SE		R	R	R	R
Convenience Store with Gas Dispensing					SE	SE
Discount Variety Store	SE		R	R	R
Outdoor Sales Lot					R
SERVICE USES
Neighborhood Service	R		R	R	R	R
Medical Clinic	SE		SE		SE	R
General Service	SE		R	R	R	R
Adult Day Care	SE		R	SE	R	R
Automobile Fueling and Limited Service			SE		R	R
Automobile Service/Car Wash					SE	SE
Automobile, Truck, Limousine rental					R	R
Bail Bonds Agency	SE		R		R
Child Day Care	SE		SE	SE	SE	SE
Community Service	SE		R	SE	SE	R
Drinking Places			R	SE	R	R
Eating Places	SE		R	SE	R	R
Electronic Cigarette/Vaporizer Store			R	SE	R

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
SERVICE USES (Cont.)
Entertainment Assembly			R	SE	R	R
Mini-Self Storage Facility					SE
Pawn Shop/Check Cashing Establishment	SE		R		R
Private Club			R	SE	R	R
Smoking Places			R		R
Tattoo/Piercing Parlor			R	SE	R
ADULT USES
Adult Uses	The Location of Adult Uses is regulated under City Code Section 705.04
EMPLOYMENT USES
Office	R		R	R	R	R
Craftsman Studio	SE		R	R	R	R
Medical Marijuana Production Facility					SE	SE
Medical Production Facility						R
INFRASTRUCTURE USES
Parking	SE		SE	SE	SE	SE
Transportation & Utilities	R	R	R	R	R	R
Wireless Telecommunication Facilities	Use Regulated pursuant to City Ordinance No. 2002-06 titled“A Local Ordinance Regulating the Siting of Wireless Telecommunication Facilities” and incorporated herein by reference.
ACCESSORY USES
RESIDENTIAL
Accessory Dwelling Unit	R	SE	R	R
Home Childcare	SE	SE	SE	SE

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
RESIDENTIAL (Cont.)
Home Occupation	R	R	R	R	R
Room Rental 4	R	R	R	R	R	R
Sleeping Quarters for Caretaker	SE	SE	R	R	R
COMMERCIAL
Drive-Through Facility			SE	SE	SE	SE
Outdoor Café	R		R	R	R	R
Outdoor Display	R		R	R	R	R
Outdoor Storage					R
Limited video Lottery			SE		SE
Parking	SE		SE	SE	SE	SE
OTHER
Heliport						SE
Signs	See Article 6. Table 6.01
TEMPORARY USES
Temporary Food Establishment	SE	SE	R	R	R	R
Temporary Outdoor Events	SE		SE	SE	R	R
Farmers Market	R		R	R	R

4 Pursuant to West Virginia Code §8-1-5a, Municipal Home Rule Program, municipalities may not prohibit or effectively limit the rental of a property, in whole or in part, or regulate the duration, frequency, or location of such rental, in whole or in part.

(Ord. 2021-07. Passed 7-21-21; Ord. 2023-16. Passed 10-19-23.)

1327.07 PRINCIPAL USES.

(a) Residential and Lodging Uses. A category of Uses for residential and overnight accommodations.

(1) Household Living. Household living means the Use of one or more Dwelling Units located within the Principal Structure of a lot by a household, in which the units may or may not share a common wall with the adjacent unit or have individual entrances from the outside. Nothing in this section shall be deemed to limit the ability of lawful occupants of a Dwelling Unit to have bona fide guests.

(2) Dwelling. A building containing one or more Dwelling Units. The term “Dwelling” or any combination thereof shall not be deemed to include Hotel, Roominghouse, motel, clubhouse, Hospital or other accommodations used for transient occupancy.

A. Single Family Detached Dwelling. A Building used by one (1) Family, having only one (1) Dwelling Unit and having two (2) Side Yards. Only one (1) single family Dwelling shall be permitted for each legally subdivided building Lot.

B. Single Family Semi-Attached Dwelling. (Townhouse or Row House): One of two (2) Buildings arranged or designed as a Dwelling, located on abutting Lots and separated from each other by a solid partition—without openings—extending from the Basement floor to the highest point of the roof along the dividing Lot line and separated from any other Building or Structures by space on all sides.

C. Two-Family Dwelling. A Building located on one zoning Lot containing not more than two (2) Dwelling Units, arranged one above the other or side by side, and not occupied by more than two (2) Families. The following supplemental regulation applies:

1. The maximum Lot size for Two-Family Dwellings shall be ten thousand (10,000) square feet.

D. Multi-Family Dwelling. A Building containing three (3) or more Dwelling Units. (i.e., Apartment house).

E. Townhouse Dwelling. One of a series of three and a maximum of eight attached Dwelling Units separated from one another by continuous vertical solid partitions without openings from Basement floor through the roof.

F. Efficiency/Micro-Unit. A Dwelling Unit with at least three (3) hundred (300) square feet and no more than five hundred (500) square feet of Usable Floor Area, and only one combined living and sleeping room. The unit may also have separate rooms containing only kitchen facilities or bathroom facilities.

(3) Bed and Breakfast. A rental facility providing temporary lodging to the general public consisting of no more than nine (9) sleeping rooms without in-room kitchen facilities, in either an owner-occupied Principal Structure or in a Principal Structure on the same lot of an owner-occupied Accessory Structure. The following supplemental use regulations apply:

A. Shall not alter the residential nature of the neighborhood and/or the character of the Dwelling as a residence.

B. Kitchen facilities shall comply with all Berkeley County Health Department requirements and regulations.

C. Access to guestrooms shall be via a main entrance, lobby or foyer within the Building. No guestroom shall have a separate exterior access, except as may be required by fire or building codes.

D. No employees who are not otherwise eligible to be a member of the same household with the owner of the Bed and Breakfast may live on-site.

E. A Bed and Breakfast may have a sign in accordance with Article 1331 of this Ordinance.

F. Off-street parking requirements shall comply with the Martinsburg Subdivision and Land Development Ordinance.

(4) Tourist Home. A Building (except a Hotel, Motel or Bed and Breakfast) where, for compensation, temporary lodging is provided for the transient guests where the property owner is generally not on site and meals are not provided. Guests have access to all areas of the Building, including kitchen facilities and function as a Single-Family Dwelling.

(5) Group Residential Facility. A facility which is owned, leased or operated by a behavioral health service provider and which: (1) provides residential services and supervision for individuals who are developmentally disabled or behaviorally disabled; (2) is occupied as a residence by not more than eight individuals who are developmentally disabled and not more than three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than three supervisors; (3) is licensed by the Department of Health and Human Resources; and (4) complies with the State Fire Commission for residential facilities.

(6) Group Residential Home. A building owned or leased by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence. A behavioral health service provider may not lease a building to such persons if the provider is providing services to the persons without a license as provided for under Chapter 27 of the West Virginia Code pertaining to Mentally Ill Persons.

(7) Hotel/Apartment Hotel. A facility offering temporary lodging to the general public consisting of ten (10) or more sleeping rooms with a bathroom for each room and providing daily room cleaning services and other guest services. In-room kitchen facilities may or may not be provided. Includes apartment or residential hotels. Secondary service uses may also be provided, such as restaurants and meeting rooms. The following supplemental use regulations apply:

A. A private lobby shall be included.

B. Rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls.

(8) Manufactured Homes and Factory-Built Housing. A transportable, single family Dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a Site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a permanent foundation. A Manufactured Home shall not be used for purposes other than originally designed. The term "Manufactured Home" does not include a "Recreational Vehicle". However, for the purposes of Flood Plain management only, this term includes park trailers, Travel Trailers, Recreational and other similar Vehicles which are placed on a site for more than one hundred eighty (180) days. The following supplemental use regulations apply:

A. Manufactured Homes and Factory-Built Housing Prohibited on Individual Lots: Manufactured Homes and Factory-Built Housing are prohibited on individual Lots and are to be permitted only in planned Manufactured Homes and Factory-Built Housing parks, which are permitted in certain Zoning Districts specified in Table 1327-1. A manufactured/factory-built home is not permitted as an Accessory Use to the principal residential structure on a lot.

B. Manufactured Homes Parks are subject to the design standards specified in the Subdivision and Land Development Ordinance.

(9) Nursing Home Facility. Any West Virginia State Department of Health and Human Resources-licensed institution, residence or place, or any part or unit thereof, however named, that is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than twenty-four (24) hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation.

(10) Roominghouses and Boardinghouses.

A. Roominghouses. A residential Structure whose Principal Use is to provide lodging, but not meals, for compensation by prearrangement for definite periods, to between three (3) and six (6) roomers, wherein no dining facilities are maintained for the roomer and in which bathrooms may or may not be shared.

B. Boardinghouses. A residential Structure where lodging and meals are provided for compensation to between three (3) and six (6) persons by pre-arrangement for indefinite periods and in which bathrooms may or may not be shared.

C. Roominghouses and Boardinghouses are distinguished from Hotels/Apartment Hotels and Bed and Breakfast facilities by the following:

1. The length of stay is typically longer (typically a minimum of two weeks) for Roominghouses and Boardinghouses;

2. Roomers and boarders often have personal household appliances (such as toaster ovens and mini refrigerators);

3. There is no daily room cleaning or other guest services provided for rooming or boardinghouses; and

4. The architectural character of a Roominghouse or Boardinghouse structure is primarily residential in nature.

(11) Temporary Shelter Facility. A public or non-profit facility providing temporary, emergency housing, and social, health, and related services for families and/or individuals eighteen (18) years of age or older, who are without resources and access to shelter. The following regulations apply:

A. The Use shall only be operated by or in conjunction with a governmental, welfare or charitable service.

B. The maximum number of residents of the lodging shall be based upon a ratio of one person for every fifty (50) square feet of interior space devoted to sleeping area, not to exceed one hundred (100) residents total.

C. The facility shall have staffing on-site during all hours of operation.

D. At least one toilet and shower must be provided for every fifteen (15) shelter beds.

E. New temporary shelter facilities shall not be located within two thousand (2,000) feet of another temporary shelter facility, group living facility, Residential Board and Care Home, Roominghouse/Boardinghouse, Medical Clinic, Hospital, School, or Park.

F. The temporary shelter facility must be open to the individuals it serves for twenty-four (24) hours per day, including the provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation. Lodging must be provided on a reservation or referral basis so that clients will not be required or allowed to queue for services outdoors.

G. All functions associated with the temporary shelter facility, except for children’s play areas, outdoor recreation areas, and parking must take place within the building housing the shelter.

H. There shall be annual licensing by the division of licenses and inspections to ensure the health and safety of residents and neighbors, and compliance with the zoning regulations.

I. Operators of emergency shelters shall comply with the following:

1. Annually submit to the City Engineer/Planning Director or designee copies of the organization’s up-dated program description.

2. Annually submit updated listing of organization board members, staff, proprietors, and affiliated organizations.

3. When there are no changes since the previously filed documents, a statement to this effect is sufficient.

4. An annual review will occur at the anniversary of the date upon which approval was originally granted.

(b) Civic and Institutional Uses. A category of Uses related to fulfilling the needs of day-to-day community life including assembly, public services, educational facilities, and Hospitals.

(1) Assembly. A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community in a public or private setting. Includes such uses as, community centers, auditoriums, civic centers, convention centers, performing arts facilities, and recreation centers.

A. Assembly, Neighborhood. An assembly use that occupies a building with less than ten thousand (10,000) square feet of gross floor area.

B. Assembly, General. An assembly use that occupies a building with ten thousand (10,000) square feet or more gross floor area.

(2) Government/Higher Education/Hospital Facilities. Large-scale community-serving facilities associated with healthcare, universities, colleges, or government functions. Includes such uses as universities, theological schools, City hall, government offices, and Hospitals. Does not include vocational or trade schools.

A. Government Facility. A single-purpose public facility used for Civic functions, which includes a place for public assembly in a portion of the facility, for the executive, legislative, or judicial branches of the State or a political subdivision thereof. Includes City Hall, council chambers, and courts. Does not include office buildings occupied by a government entity which do not contain assembly areas, or office buildings occupied by a government entity which are also utilized by private or non-governmental occupants.

B. Higher Education Facility. A non-profit institution for post-secondary education, public or private, for higher education that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees.

C. Hospital. A licensed institution providing medical care and health services to the community, primarily ill or injured in-patients. These services may be located in one Building or clustered in several Buildings, one of which must provide emergency services, and may include additional hospital-affiliated Accessory Uses such as laboratories, in- and out-patient facilities, training facilities, medical offices, staff sleeping quarters (but not full-time residences), food service, heliports, pharmacies, laundry facilities, florists, vendors of medical equipment, opticians, and gift shops.

(3) Library/Museum. A structure open to the general public housing educational, cultural, artistic, or historic information, resources, and exhibits. Includes such uses as libraries, museums, aquariums, planetariums, and exhibitions. May also include theater space, food service, and a gift shop.

(4) Police/Fire/EMS. A facility providing public safety and emergency services; training facilities, locker rooms, and limited overnight accommodations may also be included.

(5) School, Pre-Kindergarten, Elementary, Intermediate. Public or private education facilities with classrooms and offices, which may also include associated indoor facilities such as ball courts, gymnasium, theater, and food service.

(6) School, High School, Higher Education. Public or private educational facilities for high school or higher education not considered a university. Facilities may be on a larger-scale campus and include significant traffic and parking. May include gymnasium, theater, cafeteria, offices, classrooms, athletic facilities, and athletic fields. Use does not include stadium; refer to subsection (b)(7), Stadium/Arena.

(7) Stadium/Arena. A Building or Structure seating more than 1,000 spectators in tiered seating at sporting events, concerts, meetings, and gatherings of large groups. A stadium/arena may be open air or covered by either a fixed or retractable roof. The following supplemental use regulations apply:

A. Major Entrances. A stadium/arena shall have multiple public entrances, including one major entrance on the Facade designated by the property owner as the front setback. Such entrances shall be well-marked to cue access and use through means of enhancement that may include but are not limited to architectural, landscape, or graphic treatments. Where possible, major entrances should take advantage of prominent intersection locations.

B. Transparency. A minimum transparency of seventy percent (70%) is required on the ground-floor Facade.

1. Transparency shall be measured between the height of two (2) feet and twelve (12) feet on the front Facade.

2. For Stadiums/Arenas, Transparency includes open views into the stadium/arena in addition to the definition of Transparency (refer to Article 1323 , Definitions).

3. Where Transparency into the structure cannot be achieved due to the interior layout required by the Use, alternate methods of achieving transparency or architectural design providing appropriate levels of visual relief and interest that is contextually appropriate to the surrounding area may be proposed.

4. On side streets there is no required level of Transparency, but approval is contingent upon providing appropriate levels of visual relief and interest that is contextually appropriate to the surrounding area.

5. Blank walls on any street frontage are prohibited.

6. The City may impose additional requirements for Transparency in any District in which a Stadium/Arena is allowed.

C. Street-Level Experience. The design of a Stadium/Arena must avoid visual monotony and relate well with pedestrians through scale, material, and form. Ground floor spaces shall have not less than twelve (12) feet of floor-to-ceiling height, and the exterior architecture shall distinguish the ground floor from upper levels. The City may require that the facility contain Retail or consumer uses, which shall remain open during normal business hours year-round, including on days when the Stadium/Arena is not in active use for public assembly.

D. School Stadium. A Stadium/Arena is a permitted Accessory Use to a School.

(8) Transit Station. A building or permanent platform with an area for passenger boarding and alighting which is roofed for at least thirty (30) feet, and which may include a waiting room, ticket office, ticket machines, restrooms, or concessions. A Transit Station must serve a passenger railway company, or a bus rapid transit service company, with or without other forms of transit or transportation at the same facility.

(c) Open Space Uses. A category of Uses generally applicable to the use of the land and may not require buildings or other facilities uses for active or passive, public or private, outdoor recreation, education, or entertainment.

(1) Community Garden. A space used to grow plants for personal use, education, recreation, community distribution, or beautification by members of the neighboring community. Community Gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by community group members. The following supplemental use regulations apply:

A. Requirements for Food Production.

1. The Site shall have reliable and legal access to an onsite source of water. Use of water storage systems is allowed.

2. The Site shall be operated in a manner that prevents the drainage of water or chemicals onto any neighboring property.

3. Site operators shall ensure that soils are suitable and shall obtain any permits for operation required by law. Prior to development, soils shall be tested to ensure the viability and safety of the location. At a minimum, soil shall be tested for the following heavy metals: boron, arsenic, mercury, selenium, lead, cadmium, chromium, nickel, zinc and copper. Analytical test shall be conducted with methods and procedures suitable for soil media.

4. Tools, supplies, and machinery shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels shall be stored off the ground in an enclosed, locked structure when the Site is unattended.

5. The Site must be maintained using organic agricultural practices, including the use of organic chemicals only. Use of pesticides must be in accordance with the West Virginia Pesticide Control Act of 1990 (Chapter 19, Article 16A of the Code of West Virginia).

6. A composting and waste management plan, a plan for the use of organic agricultural chemicals, and a soil remediation plan (if necessary) must be approved by the City Engineering Department and Berkeley County Health Department prior to the issuance of any Use and Occupancy Permit.

7. At the end of the growing season (and no later than December 15 of each year), all plant material must be cut to no more than six (6) inches in height, unless there is an agricultural reason for keeping the plant materials uncut.

8. One identification Sign containing the name and phone number of the contact person for the Site is required. The Sign shall be designed in accordance with Article 1331 , Signs. The Sign shall be visible from the most active adjacent Street.

B. Operating Rules. Applicants must establish operating rules addressing the governance structure of the garden, hours of operation, maintenance, assignment of garden plots when applicable, and security requirements.

C. Garden Coordinator. Applicants must identify a garden coordinator to manage the garden and act as the point of contact with the City. The coordinator shall be an employee or volunteer of a public entity, non-profit organization, or other community-based organization. Applicants must file the name and telephone number of the garden coordinator and a copy of the operating rules with the City Engineer/Planning Director or designee.

D. Farm Stand. A community garden may have one temporary farm stand selling and/or distributing agriculture and horticultural products produced on site for no more than two (2) consecutive days on two (2) different occasions during a calendar year. Such stand shall be attended during all hours of sales and/or distribution and shall be permitted in accordance with Section 1329.01 , Accessory Uses and Structures.

1. Shade Pavilions. A maximum of two (2) shade pavilions are permitted in accordance with the yard setback requirements specified under Section 1329.01 , Accessory Uses and Structures.

2. Community gardens are authorized as an Accessory Use in the same Districts in which they are authorized as Principal Uses, and accessory community gardens shall be subject to the same conditions set forth in this section.

(2) Honey Beekeeping. The keeping of one or more colonies of the common domestic honeybee, Apis Mellifera. Colonies include a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. The following supplemental use regulations apply.

A. Maximum Number of Colonies.

1. Any lot containing a residential Use shall be limited to two (2) colonies. One additional colony is permitted for every 1,000 square feet of lot area over 10,000 square feet, and an absolute maximum of ten (10) colonies.

2. The following exception shall be made for colonies located on rooftops: There shall be no limitation on the number of colonies located on rooftops in the Downtown, Institutional, and Mixed-Use Commercial Zoning Districts.

B. Colony Size. No colony shall exceed twenty (20) cubic feet in volume.

C. Location.

1. Yards. Shall be located in a Rear or Side Yard on any Lot with a residential Use. No colony shall be located closer than fifteen (15) feet from any property line, public Sidewalk or principal Building on an abutting Lot.

2. Rooftops. Are permitted on rooftops in the Downtown, Institutional, and Mixed-Use Commercial Zoning Districts.

D. Flyway Barrier. A flyway barrier of at least six (6) feet in height must shield any part of a property line within twenty-five (25) feet of a colony, unless the base of the colony is located more than six (6) feet above the ground.

1. A required flyway barrier shall consist of a wall, fence, dense vegetation, or a combination thereof.

2. The barrier shall be positioned to transect both legs of a triangle extending from an apex at the colony to each end point of the part of the property to be shielded.

E. Farm Stand. No sales of honey shall occur on the lot containing the honey bee colony, except in the case of a honey bee colony located on an urban farm where there is a farm stand, in which case the operator of the honey bee colony shall be permitted to sell honey at the farm stand.

F. State Registration Required. All persons keeping bees in the State of West Virginia shall apply for a certificate of registration for beekeeping pursuant to the West Virginia Apiary Act, West Virginia Code Chapter 19-13-1.

G. Honey beekeeping is authorized as an Accessory Use in the same districts in which it is authorized as Principal Uses, and accessory honey beekeeping shall be subject to the same conditions set forth in this section.

(3) Intensive Park Uses. A category of impactful Uses that includes Buildings (including additions of 1,000 square feet or more to existing buildings), golf courses, riding stables, zoos, campsites, and group camps.

(4) Park. A use of land for active or passive, public or private, outdoor space, including such uses as parks, plazas, greens, parkettes, playfields, playgrounds, recreation centers, and tot lots for general recreation, athletics, and leisure. May include Historic Structures/monuments, botanical gardens, ornamental gardens, or arboretums. Accessory Uses may include picnic areas, fishing, ziplines, and Swimming Pools. See also: Intensive Park. The following supplemental use regulations apply:

A. Hours of Operation. Park hours of operation shall be determined by the Martinsburg-Berkeley County Parks and Recreation Board and such hours of operation shall be conspicuously posted at the Park entrance.

B. Site Design Components, Landscape Furnishings and Art.

1. The City shall review and approve the design of any and all pieces of furniture (including but not limited to benches, chairs, and tables), trash receptacles, drinking water fountains, lighting fixtures, fencing, buildings, structures, historic and monument sites, playground equipment, athletic equipment, decorative fountains, man-made ponds and water features, sculpture, signage programs, and artwork within any park, prior to such items being installed.

2. Notwithstanding the preceding subsection, the City may adopt a schedule of approved site furniture, drinking water fountains, lighting fixtures, and fencing for each park or group of parks, and any item on the approved schedule may be installed for the relevant park without requiring additional City review.

3. The City’s review of proposals for any artwork to be placed in any park may be conducted simultaneously with the advisory review of the Martinsburg-Berkeley County Parks and Recreation Board.

C. Special Events. Park uses may be utilized to host Temporary Outdoor Events and Farmers Markets pursuant to Subsection 1327.10 of this Ordinance.

D. Park Buildings. A limited number of park Buildings may be located in a park per the following regulations:

1. Kiosks may be used for small-scale food and beverage service uses within parks, provided that the Structure is no more than two hundred (200) square feet in area.

2. Uses within park buildings may include community spaces, gyms and other fitness facilities, classrooms, and park offices. Other Uses may be approved through a Use and Occupancy Permit.

3. Buildings shall occupy no more than ten percent (10%) of a park site.

(5) Urban Farm. A ground or roof-level agricultural operation of any size, including agricultural growing (such as aquaculture) occurring in a permanent indoor facility other than a farm structure, which is used for urban agriculture for commercial purposes, whether for profit or non-profit, with a single entity serving as the primary operator. The following supplemental use regulations apply.

A. Keeping of Farm Animals. No person shall keep, raise, stable or otherwise harbor any poultry, pigeons, hogs, swine, cows, bulls, cattle, goats, sheep, mules, ponies or horses at any place within the City.

B. Requirements for Food Production. All Requirements for Food Production, as defined under “Community Gardens” shall apply to all Urban Farms.

C. Lighting. Lighting should be limited to that required for operational and safety purposes of any activity defined as urban agriculture and shall not create a Nuisance through excessive brightness to abutting residential Uses. Under no circumstances shall lighting be used between 10:00 p.m. and 5:00 a.m.

D. Operating Hours. An Urban Farm shall only operate between the hours of 7:00 a.m. and 9:00 p.m.

E. Odors. No odors or fumes from an Urban Farm shall be allowed to escape into the open air in such amounts as to be detrimental to the health of any individuals or the public or create a Nuisance.

F. Farm Stand. An Urban Farm may have one farm stand selling and/or distributing agriculture and horticultural products produced on site, provided. Such stand shall be attended during all hours of sales and/or distribution.

G. Equipment. Applicants shall submit a description of the type of equipment intended for use in each season and the frequency and duration of anticipated use.

1. Where an Urban Farm is located, the operator of the garden shall utilize no more than one motorized tractor, of a compact utility size or smaller (26 horsepower or less), over the course of any calendar year, and shall utilize no other large-scale motorized vehicles. The preceding sentence shall not apply to walk- behind tractors or other small motorized devices (such as snow blowers or tillers) primarily moved by human power.

H. Roof-Level Operations. Roof-level Urban Farm operations are subject to the applicable Zoning District’s building height restrictions and must be constructed/operated to have zero impact on the building’s roof structure design limitations.

(d) Retail Use. A category of Uses involving the sale of goods and provision of services to the general public for personal or household consumption. Visibility and accessibility are important to these uses, as most businesses typically rely heavily on walk-in customers or clients and rarely utilize scheduled appointments.

(1) Neighborhood Retail. A retail Use with a gross floor area of less than 3,000 square feet and outdoor sales limited to no more than ten percent (10%) of the indoor gross floor area of the retail Use. Neighborhood retail includes such uses as those listed in Table 1327-2, Typical Retail Uses. In the event a specific Neighborhood Use is not identified in Table 1327-2, the City Engineer/Planning Director or designee shall have the authority to review the proposed Use and the applicant shall submit to the City Engineer/Planning Director or designee such additional information as the City Engineer/Planning Director or designee deems necessary to render an official interpretation under the Ordinance.

(2) General Retail. A retail Use with a gross floor area of 3,000 square feet or greater and outdoor sales limited to no more than twenty percent (25%) of the indoor gross area of the retail Use. General retail includes such Uses as those listed in Table 1327-2, Typical Retail Uses.

A. Grocery Store. Any store commonly known as a supermarket, food store, or grocery store, with at least sixty percent (60%) of gross square footage dedicated to the retail sale of fresh and/or frozen meat, seafood, poultry, fruits, and vegetables; and dairy and bakery products.

B. Public Market. An indoor or covered, open-air permanent Structure dedicated to the sale of local and regional food, flowers, baked goods, and small crafts, excluding secondhand goods.

Table 1327-2 – Typical Retail Uses.

Typical Neighborhood Retail Uses

Typical General Retail Use

Antique Shop

Apparel, Shoes, and/or Accessory Store

Small Appliance Store

Art Gallery and Sales

Art and/or Education Supplies

Bakery with no distribution

Bicycle and Accessory Sales

Book &/or Video Store

Camera and Photo Supply Store

China and/or Glassware

Cigar, Cigarettes, Tobacco Shop

Coin and/or Philatelic Store

Craft Store

Drug and/or Cosmetics Store, including Medical Marijuana Dispensary 5

Electronics Sales

Fabric and Sewing Supply Store

Florist

Framing Shop

Furrier Shop, no storage

Garden Supply and/or Nursery

Gift, Novelty and Souvenir Shop

Grocery Store

Hardware Store

Home Furnishings and Accessories

Jewelry and/or Gem Store

Luggage and/or Leather Goods

Magazine and/or Newspaper Store

Music and/or Musical Instruments

All Neighborhood Retail 3,000 sf and over

Appliance Sales

Automotive Supply (no service)

Computer Software Sales and Leasing

Department Store

Medical Supply Store

Motorcycle and Motor Scooter Sales,

limited outdoor display

Nursery

Outdoor Recreation Equipment

5 Medical Marijuana Dispensary. A place of business where marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers and for which the State of West Virginia Office of Medical Cannabis has issued a dispensary permit pursuant to the West Virginia Medical Cannabis Act, West Virginia Code, Chapter 16A.

Typical Neighborhood Retail Uses	Typical General Retail Use
Office Machines and Supply Optical Goods Paint and Wallpaper Store Party Supply Shop Pet and/or Pet Supplies Shop Public Market Secondhand sales of any item permitted for sale new Specialty Food (Candy, Fish, Produce, Prepared Foods, etc.) Sporting Goods Stationery and Paper Store Toy and/or Baby Supplies

(3) Commercial Equipment and Supply. A Use involving the large-scale sale of goods to residents or businesses within the region. The goods or merchandise sold may be of the same type or a variety of types and typically occupy a space greater than 20,000 square feet. This use may include bulk sales and typically involves frequent commercial vehicle and consumer traffic. This use is primarily located indoors but may also include accessory outdoor storage of goods. This includes such uses as those listed in Table 1327-3, Typical Commercial Equipment and Supply Uses. The following supplemental use regulations apply:

A. Loading docks shall be fully screened from any residential Uses pursuant to the requirements of the Subdivision and Land Development Ordinance.

(4) Convenience Store. A store with less than 3,000 square feet of gross floor area primarily engaged in the retail sale of a limited range of household products including, but not limited to, dry goods, canned goods, dairy and other food products, bottled and fountain drinks, and delicatessen food items. The following supplemental use regulations apply:

A. No Convenience Store shall be located within 1,500 feet radius of another Convenience Store or Grocery Store.

(5) Convenience Store with Gas Dispensing. A store with more than 3,000 square feet of gross floor area that sells gasoline for motor vehicles in conjunction with a Convenience Store that provides the retail sales of a limited range of household products including, but not limited to, dry goods, canned goods, dairy and other food products, bottled and fountain drinks, and delicatessen food items. The following supplemental use regulations apply:

A. No Convenience Store with Gas Dispensing shall be located within 1,500 feet radius of another Convenience Store, Convenience Store with Gas Dispensing, or Grocery Store.

(6) Discount Variety Store. A Use involving the sale of a wide variety of daily consumer retail goods typically at a discount price, especially multiple items for one dollar, and commonly known as dollar stores or five and dime stores. The following supplemental use regulations apply:

A. Discount Variety Stores shall not be located less than 1,500 feet from another discount variety store.

(7) Outdoor Sales Lot. A Use involving the sale of goods or merchandise to businesses and/or the general public, where the majority of the goods are stored or displayed outdoors. Outdoor Sales Lots include such uses as: the sale and rental of automobiles, trucks, trailers, boats, and recreational vehicles; and the outdoor sale of building materials, landscape materials, and garden supplies. The following supplemental use regulations apply:

A. Outdoor sales lots must include permanent construction of a building utilizing one of the permitted building types in the district.

Table 1327-3 – Typical Commercial Equipment and Supply Uses.

Bottled Gas (such as propane) Sales and Supply

Heating & Air Conditioning Supply, Sales and Service

Building Materials, Hardware, and Lumber Supply Machine Sales and Rental

Cabinet Supply (display only)

Electrical Supply

Plumbing Sales and Service

Farm Equipment and Supply Wholesale Trade

(e) Service Uses. A category of Uses that provide patrons services and limited retail products related to those services.

(1) Neighborhood Service. A service Use with a gross floor area of 3,000 square feet or less. Neighborhood Service includes such uses as those listed in Table 1327-4, Typical Service Uses.

A. Medical Clinic. Medical Clinic means a licensed institution providing same-day, walk-in, or urgent medical care and health services to the community, primarily ill or injured out-patients, which is not a hospital, and which is not a medical office, and which shall not include methadone or drug rehabilitation clinics. Provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation is required, so that clients will not be required or allowed to queue for services outdoors.

B. The following supplemental use regulations apply:

1. Neighborhood Service Uses may operate only at times during which the Use is a not a Nuisance to adjacent Uses, except for the following Uses, which may be open twenty-four (24) hours: fitness club, athletic club, dance studio, yoga studio and gym; mailing and delivery services; Medical Clinic; photocopying and printing; and veterinary services/animal hospital (no outdoor kennels).

(2) General Service. A Service Use with a gross floor area 3,000 square feet or greater as well as larger scale indoor and outdoor entertainment Uses. General Service includes such Uses as those listed in Table 1327-4, Typical Service Uses.

(3) Adult Day Care Center. Adult day care means a licensed non-residential facility in which custodial care is provided for up to twelve (12) adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention (including drug or alcohol rehabilitation services). The following supplemental use regulations apply:

A. Such a facility shall be licensed by the West Virginia Department of Health and Human Resources and comply with all other applicable state and local statutes, codes and/or Ordinances regarding licensing, zoning, building, fire, health and housing.

(4) Automobile Fueling and Limited Repair Service. A business involving the sale and distribution of fuel, electric vehicle battery exchange stations, and/or limited repair service for vehicles to residents of the community and region. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. The following supplemental use regulations apply:

A. Proximity Restriction. No Automobile Fueling and Limited Repair Service use shall be located within a 1,200-foot radius of another Automobile Fueling and Limited Repair Service use.

B. Permitted Types of Repair Service. Repairs include minor engine repairs and repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel alignment and balancing, and repair and replacement of shock absorbers. Engine rebuilding, bodywork, and painting are not included in this definition.

C. Outdoor Storage. Disabled or inoperable Vehicles and those awaiting pick-up may be stored outdoors if all of the following occur:

1. No more than four (4) Vehicles are stored for no more than two (2) days each.

2. The storage area is located in the Rear Yard screened from view of the front Lot line.

3. The storage area is screened per the requirements of the Subdivision and Land Development Ordinance.

4. The Vehicles must be stored in a legitimate parking space, and not in the public right of way or in a part of the lot not specifically designated as a parking space.

D. Outdoor Activities. All repairs or washing activities must occur inside a structure.

E. Bathroom Facilities. At least one bathroom must be provided and open during regular business hours for customers.

(5) Automobile Service/Car Wash. A business involving the servicing of Vehicles and/or the sale and distribution of fuel to residents of the community and region. A Convenience Store may also be included as a secondary use, as well as the sale of propane and kerosene. Vehicle service includes such uses as automotive filling stations, vehicle repair, car wash facilities, and tire sales and mounting. Engine rebuilding, bodywork, and painting are included in this definition. The following supplemental use regulations apply:

A. Use Limitation. Repair and wash facilities for Vehicles which are not automobiles are not permitted.

B. Service Bays. Vehicular service bays, including garages and car wash bays, shall not be located on the front Facade, unless otherwise expressly permitted by the building type.

C. Outdoor Storage. Disabled or inoperable Vehicles and those awaiting pick-up may be stored outdoors under all of the following conditions:

1. The Vehicles are not stored for more than two (2) days.

2. The storage area is located in the Rear Yard screened from view of the front Lot line.

3. The storage area is screened per the requirements of the Subdivision and Land Development Ordinance.

4. The Vehicles must be stored in a legitimate parking space, and not in the public right of way or in a part of the Lot not specifically designated as a parking space.

D. Outdoor Activities.

1. All repairs or washing activities must occur inside a Structure.

2. Vacuuming activities may occur in open air but must be located in the Side or Rear Yards, screened from the front Lot line.

3. Temporary outdoor display of seasonal items, such as windshield wiper fluid or salt, is permitted during business hours under the canopy and adjacent to the principal Structure.

(6) Automobile/Truck/Limousine Rental Service. A commercial facility that offers automobiles, trucks, and/or limousines for rent or lease for specific periods of time, including a stand-alone facility for automobile leasing services associated with an off-site automobile dealership.

(7) Bail Bonds Agency. An entity that charges a fee or premium to release an accused defendant or detainee from jail and/or engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.

(8) Child Day Care Center. A facility licensed pursuant to West Virginia Code Chapter 49-2B-1, et seq., and related federal and state code that is maintained by the State or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than thirty (30) days per year per child, except:

A. A kindergarten through grade twelve education program, that is operated by a public school or that is exempt from the compulsory school attendance law by the state department of education;

B. A West Virginia Pre-K classroom operated by the Berkeley County Board of Education in a public-school setting;

C. Any other kindergarten, preschool or school program that operates with sessions not exceeding four (4) hours per day for any child;

D. An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;

E. Hospitals or other medical facilities that are primarily used for temporary care of children for treatment, convalescence, or testing; and

F. Persons providing care solely for children related to them.

(9) Community Service. A public or not-for-profit service or activity undertaken to advance the welfare of citizens in need that provides food and goods distribution to private citizens.

(10) Drinking Places. Any established licensed and permitted under the West Virginia Alcohol and Beverage Control Administration to sell alcoholic beverages, including beer, wine, and liquor for on-site consumption.

(11) Eating Places. An establishment selling prepared foods and/or non-alcoholic drinks for on-premise consumption. Includes such uses as restaurants, cafes, coffee shops, diners, delis, fast-food establishments, lunch counters, and cafeterias. The following supplemental use regulations apply:

A. Drive-in or drive-through services are not permitted in the Suburban Residential and Urban Residential Zoning Districts.

B. Eating Places are required to have a door that opens directly onto the adjacent public right-of-way during all hours of operation.

(12) Electronic Cigarette/Vaporizer Store. A business establishment for which more than fifty percent (50%) of the floor area is dedicated to the storage, mixing, display, and/or retail sale of electronic cigarette devices, nicotine-enriched solutions, and/or liquid products that are manufactured for use with electronic cigarettes. The following supplemental use regulations apply:

A. Applicants shall present information to the Building Code Official regarding proper ventilation.

B. Outdoor Use Prohibited. In all districts, this Use is prohibited in outdoor spaces.

(13) Entertainment Assembly. A facility, other than a Stadium/Arena or Adult Entertainment, for holding events, indoors or outdoors, to which members of the public are invited with or without charge. Events may include theatrical performances; live music performances; dances, balls; shows or exhibitions; or live or broadcasted wrestling, boxing/sparring matches, or other sporting events.

(14) Pawn Shop/Check Cashing Establishment. An establishment primarily engaged in the businesses of lending money on the security of pledged goods left in pawn; purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller; or providing cash to patrons for, payroll, personal, and bank checks.

(15) Private Clubs. Private Clubs shall be defined and regulated pursuant to West Virginia Code §60-7-2. The following supplemental use regulations apply:

A. The City may conduct routine inspections of the premises to ensure the absence of illegal activity on the premises, adequate maintenance of the interior and exterior of the premises, the absence of public disturbance or Nuisance, and compliance with the zoning regulations.

(16) Self-Service Storage Facility. Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property. The following regulations shall apply:

A. The only activities permitted at a Self-Service Storage Facility shall be rental of storage units, pickup and deposit of goods and/or property in dead storage. Storage units shall not be used to: manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial activity.

B. All property stored on a site shall be entirely within enclosed buildings.

C. The rental of trucks and trailers used for moving and the installation of hitch and towing packages may be allowed in association with a Self-Service Storage Facility.

D. The maximum size of a storage unit shall be five-hundred (500) square feet.

E. Design Standards.

1. Storage unit doors shall not face any abutting property which is zoned for residential use or upon which a residence exists. The unit doors of a multi-access Self-Service Storage Facility shall be screened from the view of any street right-of-way through the use of landscaping material or architectural design features.

2. The exterior colors, facades, windows, roof, and building materials of all structures shall be compatible with the character of the surrounding area.

(17) Smoking Places. Establishments for which the sale of tobacco products for on-site consumption yields at least seventy five percent (75%) of gross revenues, including such Uses as hookah lounges. The following supplemental use regulations apply:

A. Applicants shall present information to the Building Code Official regarding proper ventilation.

B. Outdoor Use Prohibited. In all districts, this Use is prohibited in outdoor spaces.

(18) Tattoo/Piercing Parlor. Establishments primarily in the business of applying lettering, art, and other images with permanent and semi-permanent inks, paints, pigments, or piercings to the body of patrons.

Table 1327-4 – Typical Service Uses.

Typical Neighborhood Service Uses

Typical General Service Uses

Arcades and Billiards

Barber Shop, Beauty Salon, and Spas

Coffee Shop

Dry Cleaning (pick-up/outlet only)

Financial Depository Institutions/Banks,

chartered and excluding Check Cashing Establishments

Fitness Club, Athletic Club, Dance Studio, Yoga Studio and Gym

Funeral Home

Home Furniture and Equipment Repair

Laundromat

Locksmith

Mailing and Delivery Services

Medical Clinic

Pet Grooming

Phone Sales and Service

Photocopying and Printing

Photography Studio with Supplies

Post Office, limited distribution

Rental of any good permitted to be sold

in the district

Repair and/or servicing of any good

permitted to be sold in the district

Tailor or Seamstress

Tanning Salon

Therapeutic Massage establishment,

licensed proprietor

Travel Agency, Ticketing, and

Tour Operator

Veterinary Services/Animal Hospital

(no outdoor kennels)

All Neighborhood Services over

3,000 square feet

Animal Boarding, Daycare, &

Training (interior only)

Aquatic Facilities

Archery Ranges (indoor only)

Batting Cages

Bowling Alleys

Miniature Golf Courses

Motion Picture Theaters

Recreation, Commercial Indoor

Rental of any good permitted to be

sold in the district

Repair of any good permitted to be

sold in the district

Skating Rink

(f) Adult Uses.

(1) Adult Uses. Adult Uses are defined and regulated under City Code Section 705.04 .

(g) Employment Uses. A category of Uses for businesses involving activities that may not be associated with walk-in customers.

(1) Office Uses. A category of Uses for businesses that involve the transaction of affairs and/or the training of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers. Office Uses include those listed in Table 1327-5, Typical Employment Uses.

(2) Craftsman Studio. A Use with a gross floor area limited to 10,000 square feet or less that includes a showroom or small retail outlet and production space, and involves small scale production, assembly, and/or repair with little to no noxious by-products. Craftsman Studio includes such Uses as those found in Table 4.05, Typical Employment Uses. This Use may also include associated facilities such as offices and small-scale warehousing, but distribution is limited as determined by City Engineer/Planning Director or designee.

(3) Medical Marijuana Production Facility. A Person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit to dispense medical cannabis issued by the West Virginia Health and Human Resources pursuant to the West Virginia Medical Cannabis Act, West Virginia Code, Chapter 16A. The following supplemental use regulations apply:

A. Additional Application Information. The City Engineer/Planning Director or designee may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.

(Ord. 2021-07. Passed 7-21-21.)

(4) Medical Production Facility. A Use which conducts research, development, and production of personal care products, medical bandages, medical devices, instruments, and equipment used in healthcare. Such use must comply with FDA standards and guidance when designing, manufacturing, and marketing any such product. A Medical Production Facility shall not violate the provisions of Section 1327.06 (c) and such use is not industrial as defined in Section 1321.06 (b).

(Ord. 2023-16. Passed 10-19-23.)

Table 1327-5 – Typical Employment Uses.

Typical Office Uses

Typical Craftsman Studio Uses

Architecture/Engineering/Design

Broadcasting, Recording, and Sound Studio

Business Consulting

Construction Trade and Contractor

(office only)

Charitable Institutions

Computer Programming and Support

Data Processing

Detective Services

Educational Services (tutor and testing)

Employment Agency

Financial and Insurance

Government Offices and Facilities

Laboratories, Medical, Dental, Optical

Legal Services

Management Services

Medical and Dental Offices (other than in

hospitals or on a hospital campus, and other than clinics)

News Agency

Physical Therapy/Physical Rehabilitation

Public Relations and Advertising

Apparel and Finished Fabric Products

Beverages, including Beer, Wine, Soft Drinks, Coffee

Liquor, Botanical Products

Brooms and Brushes

Canning and Preserving Food

Commercial Scale Copying and Printing

Cut Stone and Cast Stone

Electronics Assembly

Electrical Fixtures

Engraving

Fabricated Metal Products

Film Making

Firearms and Ammunition

Furniture and Fixtures

Glass

Household Textiles

Ice

Jewelry, Watches, Clocks, and Leather Products (no tanning)

Meat and Fish Products, no processing

Musical Instruments and Parts

Table 1327-5 – Typical Employment Uses. (Cont.)

Typical Office Uses	Typical Craftsman Studio Uses
Property Development Real Estate and Apartment Finders Research and Development Research Agency Support Offices for other uses Surveying Trade Schools Training Center	Pottery, Ceramics, and Related Products Printing, Publishing and Allied Industries Shoes and Boots Signs and Advertising Silverware Smithing Taxidermy (with incidental tanning) Textile, Fabric, Cloth Toys and Athletic Goods Upholstery Woodworking

(h) Infrastructure Uses. A category of Uses for the provision of public and private infrastructure to support other uses. Infrastructure Uses typically do not include a Principal building meeting the building type requirements. Accessory Structures may be included.

(1) Parking. A Lot that does not contain a permitted Building of more than 1,000 square feet, is not used for Open Space, and is almost exclusively used for the parking of vehicles. The following supplemental use regulations apply:

A. Corner Lots. A Corner Lot shall not be used solely for parking.

B. Adjacent Parking Facilities. Two (2) principal parking facilities shall not be located directly adjacent to one another, except for a new structured parking facility replacing an existing parking lot.

C. Parking shall be constructed pursuant to the applicable design standards specified in the Subdivision and Land Development Ordinance.

(2) Transportation and Utilities. A Lot that is primarily utilized for the City’s infrastructure needs. Transportation and Utilities include such Uses as street rights-of-way, rail rights-of-way, electric or gas services, sewage treatment, water treatment and storage, pumping stations, transmission and receiving stations, and energy conversion systems. The following supplemental use regulations apply:

A. All Buildings and Structures shall be set back from every adjacent property a minimum distance of twenty-five (25) feet and, in addition, not closer than fifty (50) feet from any adjacent residential property, except that any tower shall be set back a minimum distance of that equal to the height of the tower from any adjacent residential property.

B. Any electric or other utility lines between the infrastructure and the Street shall be underground.

C. The infrastructure shall be suitably screened from any adjacent residential property by a solid fence or planting screen which shall provide year-round screening. Screening shall be applied pursuant to the requirements of the Subdivision and Land Development Ordinance.

D. The City Engineer/Planning Director or designee shall provide the City’s Chief of Police and City Fire Chief or their respective designees the opportunity to provide input on applications for Transportation and Utilities and shall provide such input to the City Planning Commission and Council, which shall take such input into account in making a decision about any Transportation and Utilities application.

(3) Wireless Telecommunication Facilities. Wireless Telecommunication Facilities are regulated pursuant to the City’s Ordinance No. 2002-06 titled “A Local Ordinance Regulating the Siting of Wireless Telecommunications Facilities” and is incorporated herein by reference.

(Ord. 2021-07. Passed 7-21-21.)

1327.08 ACCESSORY USES.

(a) General Provisions.

(1) Accessory Uses Allowed. Accessory Uses as listed in Table 1327-1, Table of Permissible Uses, are allowed only in connection with the lawfully established Principal Uses. Accessory Uses for nonconforming Principal Uses and Structures are addressed in Article 1329 , Supplemental Regulations.

(2) Allowed Uses. Allowed Accessory Uses are limited to those expressly regulated in this Article as well as those that, in the determination of the City Engineer/Planning Director or designee, satisfy the following criteria:

A. They are customarily found in conjunction with the subject Principal Use(s) or Principal Structure;

B. They are subordinate and clearly incidental to the Principal Use(s) of the property; and

C. They serve a necessary function for the comfort, safety or convenience of occupants of the Principal Use(s).

(3) Accessory Structures. Refer to Article 1329 , Supplemental Regulations.

(4) Time of Construction and Establishment. Accessory Uses shall be established only after the Principal Use of the subject property is in place.

(5) Location. Accessory Uses must be located on the same lot as the Principal Use to which they are accessory, unless otherwise expressly stated.

(b) Accessory Residential Uses.

(1) Accessory Dwelling Unit. A Dwelling Unit that is associated with and is incidental to another Dwelling Unit on the same Lot which serves as the Lot’s Principal Use. The following supplemental use regulations apply:

A. A property owner must file a Use and Occupancy Permit for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory Dwelling Unit must contain one, but no more than one, residential structure occupied as a one-unit dwelling.

B. The property must be owner-occupied, either in the Principal Structure or principal Dwelling Unit, or in the Accessory Dwelling Unit and be related to at least one (1) adult occupying the Accessory Dwelling Unit by blood, marriage, adoption, custodianship, or guardianship.

C. At any one time, the number of dwellers in an Accessory Dwelling Unit shall be limited to:

1. One (1) adult and minor children related to said adult by blood, marriage, adoption, custodianship, or guardianship,

2. Two (2) adults (in total) and minor children related to at least one of the adults by blood, marriage, adoption, custodianship, or guardianship.

D. The Accessory Dwelling Unit shall be located either:

1. In a detached accessory structure occupied, or formerly occupied, on the first floor by a garage, barn, or similar Accessory Use; or

2. In a Principal Structure, provided that there is a separate entrance to the exterior or to an unconditioned porch type space.

E. The Usable Floor Area of the accessory Dwelling Unit shall not exceed fifty percent (50%) of the Usable Floor Area of the principal dwelling unit or 1,000 square feet, whichever is less. Exterior patios, decks, porches, and staircases providing interior access from the principal unit to the accessory Dwelling Unit will not be counted toward the Usable Floor Area of the accessory Dwelling Unit.

F. Parking for the Accessory Dwelling Unit must be provided on-site in accordance with the parking requirements specified in the Martinsburg Subdivision and Land Development Ordinance.

G. The orientation of the proposed accessory Dwelling Unit shall, to the maximum extent practical, maintain the privacy of residents in adjacent Dwellings as determined by the physical characteristics surrounding the accessory Dwelling Unit including landscaped screening, fencing, and window and door placement. The exterior entrance of an accessory Dwelling Unit located in a Principal Structure shall not be visible from the front right of way. A separate numeric address for the accessory apartment is prohibited.

H. No new, separate utility connection may be installed for the accessory Dwelling Unit in a Principal Structure, unless more than one utility connection already serves the lot, to the location of the proposed accessory Dwelling Unit, at the time of the application for the accessory Dwelling Unit.

I. The Lot size must be a minimum of 7,500 square feet.

(2) Home Child Care. Supplementary, temporary care of children, unrelated to the caregiver, on a regularly recurring basis for a portion of one (1) or more days in the week and provided in the home of the caregiver. The following supplemental use regulations apply:

A. Limited Attendees. More than six (6) and fewer than thirteen (13) children may be cared for at a time. Six (6) or fewer children is considered a Home Occupation. Thirteen (13) or more children is considered a Child Day Care Center.

B. Outdoor Play Area. Home Child Care shall include a fenced outdoor play area.

C. Accessory Use. Home Child Care may only be an Accessory Use to the Principal Use of Household Living.

D. State Licensing Requirements. All applicable provisions of West Virginia Code Chapter 49-2-113 and related federal and state codes shall be met.

E. Revocation. The City Engineer/Planning Director or designee shall have discretion to revoke a Use and Occupancy Permit for home Child Care if such Use is a Nuisance to neighboring properties.

F. Limited Number. The number of Home Child Care Accessory Uses on any zoning Lot shall not exceed one (1).

(3) Home Occupation. A Use that is clearly subordinate and incidental to the Principal Use as a residence and is conducted in a Dwelling Unit by permanent residents thereof by one or more members of the occupying household and does not alter the exterior of the Building or its appearance.

A. Included Uses. Home Occupation includes the following and other uses deemed similar by the City Engineer/Planning Director or designee: accountant, artist, attorney, author, computer operator or programmer, child care of six (6) or fewer children, designer (computer, graphic, architect, interior, etc.) home crafts, seamstress or tailor, sales person or representative (no on-site retail or wholesale transactions), tutoring, and instruction of craft and fine art.

B. Excluded Uses. Home Occupation excludes such Uses, as otherwise defined in these regulations, Civic and Institutional Uses; Retail Uses; Service Uses other than photography studio, tailor or seamstress, therapeutic massage establishment (licensed proprietor).

C. The following supplemental use regulations apply:

1. Advertisement. Offering, displaying or advertising any commodity or service for sale on the premises is prohibited, except that an identification Sign is permitted in accordance with the regulations of Article 1331 , Signs.

2. Outside Storage. No materials or products shall be stored outside of a Building.

3. Area. The customary home occupation shall not occupy more than twenty five percent (25%) of the Usable Floor Area of a Dwelling Unit in which the Home Occupation is operated.

4. Employees. Employment is limited to any member of the immediate household residing in the Dwelling Unit plus one Person not residing in the Dwelling Unit.

5. Hours of Operation. Permitted hours of operation are 7:00 a.m. to 6:00 p.m..

6. Limited Attendees. Up to four (4) attendees may be served or instructed at a time, except as provided for in Home Child Care.

7. Residence. The operator of the Home Occupation shall reside in the Dwelling Unit in which the Home Occupation operates.

8. Physical Appearance. The appearance of the Structure shall conform to the general character of the area.

9. Vehicles. No more than one (1) motor Vehicle shall be used in connection with a Home Occupation.

a. The Vehicle shall be of a type ordinarily used for conventional private passenger transportation, such as a passenger automobile, van, or pickup truck not exceeding a payload capacity of one (1) ton.

b. The Vehicle shall not be designed to carry more than twelve (12) Persons.

c. Parking of the vehicle must be accommodated on site.

(4) Room Rental.

A. Pursuant to West Virginia Code Chapter 8, Article 1, Section 5A(k), municipalities may not prohibit or effectively limit the rental of a property, in whole or in part, or regulate the duration, frequency, or location of such rental, in whole or in part.

B. A municipality may regulate activities that arise when a property is used as a rental provided that such regulation applies uniformly to all properties, without regard to whether such properties are used as a rental provided, that nothing in §8-1-5A et. seq. may be construed to prohibit a municipality from imposing a hotel occupancy tax as prescribed in §7-18-1 et. seq. of the Code.

C. All Room Rental Uses shall be registered as a permitted Use with the City.

(1) Drive-Through Facility. A type of drive-in establishment related to a Coffee Shop, Eating Place, Financial Depository Institution/Bank, and Laundromat and Dry Cleaning subject to Section 1327.08 (e), Services Uses, or to a Drug or Cosmetic Store allowed pursuant to Section 1327.08 (d), Retail Uses, where part of its retail or service character is dependent on providing a Driveway approach or parking spaces for motor Vehicles to either serve patrons food or beverage while in the motor Vehicle or else intended to permit consumption in the motor Vehicle of food or beverage obtained by a patron from such business establishment. The following supplemental regulations apply:

A. Layout. Refer to Figure 1327-1, Drive-Through Facility for one illustration of the following requirements.

1. Structure/Canopy. Drive-Through structures or canopies shall be located on the rear Facade of the Building or in the rear of the Lot behind the Building, where permitted by Use. The Structure shall not be visible from the front Lot line or any primary Street.

2. Stacking Lanes. Stacking lanes shall be located perpendicular to the front Lot line or behind the Building.

3. Materials. The canopy and Structure shall be constructed of the same materials utilized on the Building.

4. Drive Locations. There shall be a minimum distance of forty (40) feet between any two (2) curb cuts and a minimum distance of twenty-five (25) feet between any curb cut and the corner of any Corner Lot which is at the intersection of two (2) Streets.

Figure 1327-1 - Drive Through Facility

B. Recommendations. A recommendation in support of the drive-through is required from the City Engineer/Planning Director or designee, subject to the conditions of this section. The City Engineer/Planning Director or designee shall specifically approve each entrance and exit to any facility.

C. Lot Requirements. There shall be a minimum Lot area of 15,000 square feet and a minimum lot width of one hundred twenty (120) feet;

D. Front Yard Landscape. The area between the Building Line and the front Lot line not utilized for Driveways shall be landscaped with year-round plantings so as to prohibit parking over the Building Line.

E. Proximity to Residential. The Drive-through facility shall not be located directly abutting any lot in a Residential District or any Lot containing a Dwelling.

F. Proximity to Other Drive-Through Facilities. The drive-through facility shall not be located within a three hundred (300) feet radius of another drive-through facility.

G. Pedestrian Convenience and Safety. In the opinion of the City Engineer/Planning Director or designee, the drive- through facility shall not be located near other Uses where the location of such facility would be detrimental to pedestrian convenience or safety.

H. Additional Requirements. In addition to these conditions, the City may require an applicant to modify a Site Plan to provide for sufficient pedestrian amenities, reduce the negative visual impact, and/or provide better circulation and parking so as to reduce the potential for accidents and the impact the proposed Use may have on neighboring development when the City Planning Department suggests such modifications are desirable. Such modifications to a Site Plan may include, but are not limited to, additional landscaping and screening, redesign of parking areas, relocation of entrances/exits and curb cuts and the limitation of the size and number of Signs.

(2) Outdoor Café. Tables and chairs for patrons of Eating and Drinking Establishments located outdoors and directly adjacent to the Structure containing the associated Use. The following supplemental use regulations apply:

A. The Outdoor Café (including outdoor seating areas) may be permitted as an Accessory Use to an existing restaurant, delicatessen, or food store provided vehicular and pedestrian circulation is not unreasonably restricted pursuant to the Encroachment requirements specified in Section 1329.05 ;

B. Location.

1. The Outdoor Café may be located anywhere on the Lot, or on the adjacent right-of-way, provided that, if it is located in the right-of- way, a minimum of five (5) feet of Sidewalk shall remain available and obstacle-free for passing pedestrians.

2. The Outdoor Café shall be located directly adjacent to the Principal Use.

3. The Outdoor Café not associated with additional construction and located fully on the Lot are subject to administrative approval by the City Engineer/Planning Director or designee.

4. The Outdoor Café is not subject to Building Line requirements or Front Yard or corner side setbacks.

C. Limited outside Sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor café provided that the outdoor display and sale is approved pursuant to the supplemental regulations outlined for “Outdoor Display and Sale of Merchandise” below; and

D. If the Outdoor Café does not consistently comply with all conditions listed in this subsection and its Use and Occupancy Permit, or if the Use becomes a nuisance for any reason as determined by the City Engineer/Planning Director or designee, the City Engineer/Planning Director or designee may order such Use terminated. For purposes of this subsection a “nuisance” shall not be deemed limited to the existence of the conditions referenced in Section 1329.10 but shall instead be deemed to include any condition considered a nuisance under applicable law.

E. This subsection applies to any and all Uses of land or Structures, including existing Uses and Structures.

F. Maximum Size. The total area occupied by the Outdoor Café shall not exceed six hundred (600) square feet in area in the public right-of-way and may not exceed one hundred percent (100%) of the square footage of the active commercial floor area (exclusive of kitchen, office and storage areas) of the indoor portion of the eating and drinking establishment.

G. Enclosure. The Outdoor Café shall be enclosed by a fence with a minimum height thirty (30) inches and a maximum of forty-two (42) inches. All construction in the right-of-way shall be fully removable during the off-season or when the Outdoor Café is not in use. No chain link fencing, plastic fencing, or other material not durable enough to endure the season shall be utilized. Steel or colored PVC may be used. For outdoor seating areas of eight (8) chairs or fewer, the preceding enclosure requirements may be waived by the City Engineer/Planning Director or designee, as applicable, upon a determination that an enclosure may cause undue interference with the public right-of-way or is unnecessary because of site conditions.

H. Cover. The Outdoor Café may have a covering or overhead enclosure and shall be open-air.

I. Alcoholic Beverage Retails Sales. The Outdoor Café use involving the lawful retail sale of alcoholic liquor that operates as a retail licensee pursuant to the provisions of the West Virginia State Retail Liquor License Act, West Virginia Code, Chapter 60.

(3) Outdoor Storage. Permanent outdoor storage of goods not typically housed or sold indoors, such as large-scale materials and building and landscape supplies. The following supplemental use regulations apply:

A. Outdoor storage areas shall be located in the Rear or Side Yard of the Lot.

B. Loose materials shall not be stacked higher than ten (10) feet.

C. Loose materials shall at a minimum be stored in a three (3)-sided shelter and shall be covered.

D. Materials shall be set back a minimum of five (5) feet from any Lot line.

E. All outdoor storage areas shall be screened from view of adjacent parcels and street rights-of-way.

(4) Limited Video Lottery. Limited Video Lottery is defined and regulated pursuant to West Virginia Code, Chapter 29, Article 22b, Limited Video Lottery Act. The additional supplemental regulations shall apply:

A. Limited Video Lottery shall only be permitted as an accessory use to the principal use of a restaurant; For the purposes of this section, restaurants are defined as a structure in which the principle use is the preparation and service of food and beverages to its customers. Customers may consume food and beverages either inside or outside the structure or take the products off premises to consume as allowed by applicable laws.

B. Limited Video Lottery machines must be in a separate room, closed-off from the restaurant and/or bar area and not visible to general restaurant patrons.

C. Applicant must submit detailed floor plan with the special exception application and the City Engineer/Planning Director or designee may inspect the area prior to the public hearing by the Board of Zoning Appeals;

D. Restaurant, not including kitchen and preparation area, storage and utility areas, restrooms, proposed limited video lottery room, and other areas not open to the general public, must have at least thirty (30) seats, five tables and have a gross floor area of at least eight hundred (800) square feet;

E. Restaurant must be in operation for a minimum of one calendar year prior to application for special exception and be open to the general public and include patrons under the age of eighteen (18) years old;

F. Structure containing video lottery machines is not located within three hundred (300) foot of a church or place of worship, school, park or recreational facility.

G. The aforementioned three hundred (300) foot prohibition for a church or place of worship, school, park or recreational facility shall be measured in a straight line from the nearest point of the exterior wall of a building containing a limited video lottery establishment to the nearest exterior wall of a building containing of a church or place of worship, school, recreational facility or property line of a park, irrespective of other uses that may exist on the property.

H. The City Engineer/Planning Director or designee may revoke applicant's special exception application if applicant fails to meet and/or maintain any of the conditions listed within the aforesaid section.

(5) Parking. Parking as an Accessory Use in conjunction with an adjacent Principal Use on the lot.

A. Parking Lot. A parking lot is a Paved Surface used solely for the parking of Vehicles, intended for use by the occupants in an adjacent building on the Lot. A parking lot may be uncovered or covered by a Renewable Energy Structure.

B. Parking Structure. An Accessory Structure used solely for the parking of Vehicles, intended for use by the occupants in an adjacent building on the Lot. The following supplemental use regulations apply:

1. Location. An accessory parking structure shall be located as follows:

a. Parking structures shall be located in the Rear Yard only and shall be screened from view from the front of the lot or the primary Street to the Principal Use Structure.

2. Height. The maximum height of parking structure shall be no greater than regulatory height of the Principal Use Structure.

E. The following supplemental use regulations apply:

1. Parking Lots in Parks. New parking lots may be permitted in public parks through a Site Plan application pursuant to the requirements specified in the Subdivision and Land Development Ordinance.

(Ord. 2021-07. Passed 7-21-21.)

1327.09 TEMPORARY USES.

(a) General. Temporary Uses are limited to those expressly regulated in this Article as well as those that in the determination of the City Council are deemed appropriate as a Temporary Use.

(b) Temporary Uses.

(1) Temporary Food Establishment. An operation that runs at a fixed location for a period of time not more than fourteen (14) consecutive days in conjunction with a single event or celebration, such as a fair, festival, carnival, circus, regatta, or similar transitory gathering. Includes “Mobile Food Establishment”, which may operate at more than one location or event, is equipped with a permanent hand sink and three (3) bay sink with hot and cold water source, and is set up to be easily moved from one location to another without having to set up a structure. The following supplemental regulations apply:

A. A Temporary Food Establishment must obtain an operating permit from the Berkeley County Department of Health.

(2) Temporary Outdoor Event. A Temporary Outdoor Event shall constitute a Special Event as defined and regulated under the City Ordinance 2016-32.

(3) Farmers Market. A Farmer’s Market is a Special Event defined and regulated under the City Ordinance 2016-32.

(Ord. 2021-07. Passed 7-21-21.)

Martinsburg City Zoning Code

ARTICLE 1327

Zoning Uses

1327.01 GENERAL PROVISIONS.

The following general provisions apply to the uses outlined in this section.

(a) A Lot may contain more than one Principal Use, unless otherwise specified.

(b) Each of the principal uses may function as either a principal Use or Accessory Use on a Lot, unless otherwise specified.

(c) Uses are either permitted by right in a District, permitted by right with conditions, or require a Special Exception in order to be developed.

(d) Each use shall be located indoors (i.e., within a Building) unless otherwise expressly stated.

(Ord. 2021-07. Passed 7-21-21.)

1327.02 APPLICABILITY.

(Ord. 2021-07. Passed 7-21-21.)

1327.03 USES.

(a) Table 1327-1, Table of Permissible Uses, identifies the Principal, Accessory, and Temporary Uses allowed in each Zoning District and are defined in this Article.

(b) Principal, Accessory, and Temporary Uses are given one of the following designations specified in Table 1327-1.

(1) Permitted by Right (“R”). These Uses are permitted automatically by right in the Zoning Districts in which they are listed are subject to the general regulations under this Ordinance.

(3) Prohibited Uses. Uses without a designated letter symbol (i.e. “R” or “SE”) are prohibited in the Zoning District because they are considered incompatible with the intent of the District.

(Ord. 2021-07. Passed 7-21-21.)

1327.04 ORGANIZATION.

Uses are grouped into general categories, which are further broken into subcategories and specific use types that are specifically defined in this Article.

(Ord. 2021-07. Passed 7-21-21.)

1327.05 UNLISTED USES.

(Ord. 2021-07. Passed 7-21-21.)

1327.06 PROHIBITED USES.

The following Uses are prohibited in any Zoning District.

(a) Sanitary Landfills.

(b) Scrapyards/Junkyards.

(d) Accessory Uses not expressly covered in Table 1327-1.

Table 1327-1 Table of Permissible Uses.

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
RESIDENTIAL AND LODGING
Household Living
Single Family Detached Dwelling	R	R	R	R
Single Family Semi-Attached Dwelling	R	R	R	R
Two-Family Dwelling	SE	SE	R	R
Multi-Family Dwelling	SE		R	R	R	R
Townhouse Dwelling	SE		SE	R	R	R
Efficiency/Micro-Unit Dwelling	SE		R	R	R	R
Bed and Breakfast 2	R	R	R	R	R	R
Tourist Home2	R	R	R	R	R	R
Group Residential Facility/Home3	R	R	R	R	R	R
Hotel/Apartment Hotel			R	R	R	R
Manufactured Homes and Factory-Built Housing	SE			SE
Nursing Home Facility				SE	SE	R
Rooming houses and Boarding house	SE		SE	SE
Temporary Shelter Facility	SE		SE	SE

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
CIVIC AND INSTITUTIONAL
Assembly, Neighborhood	R	SE	R	R	R	R
Assembly, General	SE	SE	SE	R	R	R
Government Faiclity	R	R	R	R	R	R
Higher Education			SE		R	R
Hospital						R
Library/Museum	SE		R	R	R	R
Police/Fire/EMS	R	R	R	R	R	R
School, Pre-K, Elementary, Intermediate	SE	SE	R	R	R	R
School, High School, Higher Education	SE	SE	R	R	R	R
Stadium/Arena					SE	SE
Transit Station	SE		R	R	R	R
OPEN SPACE
Community Garden	R	R	R	R	R	R
Honey Beekeeping	SE	SE	SE	SE	SE	SE
Intensive Park Uses	SE	SE	SE	SE	SE	SE
Park	R	R	R	R	R	R
Urban Farm			SE	SE	SE	SE

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
PRINCIPAL USES
RETAIL USES
Neighborhood Retail	R		R	R	R	R
General Retail	SE		R	R	R	R
Commercial Equipment and Supply	SE				R
Convenience Store	SE		R	R	R	R
Convenience Store with Gas Dispensing					SE	SE
Discount Variety Store	SE		R	R	R
Outdoor Sales Lot					R
SERVICE USES
Neighborhood Service	R		R	R	R	R
Medical Clinic	SE		SE		SE	R
General Service	SE		R	R	R	R
Adult Day Care	SE		R	SE	R	R
Automobile Fueling and Limited Service			SE		R	R
Automobile Service/Car Wash					SE	SE
Automobile, Truck, Limousine rental					R	R
Bail Bonds Agency	SE		R		R
Child Day Care	SE		SE	SE	SE	SE
Community Service	SE		R	SE	SE	R
Drinking Places			R	SE	R	R
Eating Places	SE		R	SE	R	R
Electronic Cigarette/Vaporizer Store			R	SE	R

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
SERVICE USES (Cont.)
Entertainment Assembly			R	SE	R	R
Mini-Self Storage Facility					SE
Pawn Shop/Check Cashing Establishment	SE		R		R
Private Club			R	SE	R	R
Smoking Places			R		R
Tattoo/Piercing Parlor			R	SE	R
ADULT USES
Adult Uses	The Location of Adult Uses is regulated under City Code Section 705.04
EMPLOYMENT USES
Office	R		R	R	R	R
Craftsman Studio	SE		R	R	R	R
Medical Marijuana Production Facility					SE	SE
Medical Production Facility						R
INFRASTRUCTURE USES
Parking	SE		SE	SE	SE	SE
Transportation & Utilities	R	R	R	R	R	R
Wireless Telecommunication Facilities	Use Regulated pursuant to City Ordinance No. 2002-06 titled“A Local Ordinance Regulating the Siting of Wireless Telecommunication Facilities” and incorporated herein by reference.
ACCESSORY USES
RESIDENTIAL
Accessory Dwelling Unit	R	SE	R	R
Home Childcare	SE	SE	SE	SE

MARTINSBURG ZONING ORDINANCE DISTRICT USE TABLE Key: R = Permitted by Right SE = Permitted by Special Exception Blank Cell = Non-Permitted Use	MAPPED ZONING DISTRICTS Refer to Article 3 Zoning District Building Form Regulations for Specific application of Uses
	Urban Residential	Suburban Residential	Downtown	Mixed Use Residential	Mixed Use Commercial	Medical-Institutional
USES	UR	SR	DT	MUR	MUC	MIN
RESIDENTIAL (Cont.)
Home Occupation	R	R	R	R	R
Room Rental 4	R	R	R	R	R	R
Sleeping Quarters for Caretaker	SE	SE	R	R	R
COMMERCIAL
Drive-Through Facility			SE	SE	SE	SE
Outdoor Café	R		R	R	R	R
Outdoor Display	R		R	R	R	R
Outdoor Storage					R
Limited video Lottery			SE		SE
Parking	SE		SE	SE	SE	SE
OTHER
Heliport						SE
Signs	See Article 6. Table 6.01
TEMPORARY USES
Temporary Food Establishment	SE	SE	R	R	R	R
Temporary Outdoor Events	SE		SE	SE	R	R
Farmers Market	R		R	R	R