The historic downtown district is established to provide for the unique needs of the downtown business area of the city as follows:

(A)

Protect and enhance the city's core downtown business district, which contains many unique and historic structures;

(B)

Promote high density development of mixed uses with storefront retail, professional office and residential dwelling uses; and

(C)

Incorporate development and design that is pedestrian-oriented.

(Ord. No. 2009-1626, 5-4-2009)

The historic downtown district shall comprise nine square blocks bounded by the south side of Pike Street on the north, the west side of Sycamore Street on the east, the north side of Jackson Street on the south and the east side of Mulberry Street on the west.

(Ord. No. 2009-1626, 5-4-2009)

(A)

A large variety of uses including public, cultural, commercial, professional and residential is encouraged in the historic downtown district. Representative permitted uses include:

(1)

Amusements, indoor;

(2)

Artisan and craft shop;

(3)

Art gallery;

(4)

Artist studio;

(5)

Barber/beauty shop;

(6)

Bed and breakfast;

(7)

Cellular phone/pager service;

(8)

Community center;

(9)

Computer sales and service;

(10)

Cultural center;

(11)

Financial institution;

(12)

Fitness/training center;

(13)

Government facility;

(14)

Hotel and motel;

(15)

Library;

(16)

Lodge and private clubs;

(17)

Medical care clinic;

(18)

Museum;

(19)

Newspaper publishing;

(20)

Office, business/professional;

(21)

Park;

(22)

Photographic studio;

(23)

Police, fire or rescue station;

(24)

Post office;

(25)

Radio/TV station and studio;

(26)

Residential dwelling, multi-family;

(27)

Residential dwelling, single-family;

(28)

Restaurant, dine-in or carryout;

(29)

Retail store;

(30)

School/education/training center;

(31)

Shoe repair;

(32)

Social service office;

(33)

Tailor/seamstress;

(34)

Tanning salon;

(35)

Tavern;

(36)

Theater; and

(37)

Transportation terminal.

(B)

Prohibited uses:

(1)

Adult entertainment; and

(2)

Retail store, lingerie.

(C)

Other uses shall require approval of the plan commission.

(Ord. No. 2009-1626, 5-4-2009)

(A)

Residential dwelling units are permitted above street level and at the rear of the ground floor.

(B)

A ground floor rear residential unit shall not be placed such that the business use of the ground floor area, at the front of the building, is less than 1,000 square feet.

(C)

Condominiums are permitted subject to the same restrictions that apply to residential uses. Further, the state's Condominium Statute, I.C. 32-25 shall apply to the creation of condominium units.

(Ord. No. 2009-1626, 5-4-2009)

(A)

Lots shall not be subdivided, except as provided in Section 94-218 of this chapter for the creation of residential condominium units.

(B)

If a building is destroyed, the replacement building shall have not less than the same ground floor area as the previous building, except 24 feet of even width off of the rear of the lot may be used for parking.

(C)

Minimum ground surface area: 760 square feet.

(D)

Front and side setbacks: zero feet.

(E)

Minimum rear setback: zero feet.

(F)

Maximum percent coverage of all improvements: 100 percent.

(G)

Maximum building height shall not exceed the height of the original building.

(H)

Building fronts shall meet the sidewalk across entire width of the building. Street level of the front of the building must be a continuous storefront, except traditional piers and recessed entries are permitted.

(I)

Street level, front facades shall include windows, signs and architectural details that are suitable for pedestrian viewing.

(J)

Street level storefronts shall be a minimum 75 percent glass.

(K)

Any new building or reconstruction of an existing building that has sustained more than 40 percent damage shall be subject to approval by the plan commission or any other agency with jurisdiction.

(Ord. No. 2009-1626, 5-4-2009)

In order to maintain and promote the unique historic character of downtown Martinsville and to foster economic revitalization, the following design and visual compatibility standards shall apply to the exterior of every building in the district.

(A)

General requirements.

(1)

A building exterior shall not be altered where the defining characteristics of the structure are lost or substantially changed.

(2)

The removal or alteration of any historic material or distinctive architectural features is prohibited unless no other practical alternative is available.

(3)

Because each building is a physical record of its time, place and use, any change that creates a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, is prohibited.

(4)

Because a building changes over time, those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a building shall be preserved.

(6)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities.

(7)

Chemical or physical treatments such as sandblasting and high pressure water washing that cause damage to historic materials are prohibited.

(8)

New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the building.

(9)

New additions and adjacent or related new construction shall be done in such a manner that if removed in the future, the essential form and integrity of the building would be unimpaired.

(10)

Lost or missing historic features are not required to be replaced.

(B)

Specific requirements.

(1)

All replacements of historic elements such as windows shall conform to the size, style and shape of the original. Where practical, the use of like material is required.

(2)

Brick, wood, metal, stone and other original building materials shall be preserved and retained, and not covered with non-historic material such as vinyl.

(3)

Paint colors, awning styles and colors, and signage must evoke historicity and be visually compatible with other colors, awnings and signage in the historic downtown district.

(Ord. No. 2009-1626, 5-4-2009)

The exterior of all buildings shall be maintained to meet the applicable requirements established under state statute for buildings so as to prevent the loss of historic material and the deterioration of important character defining details and features. Historic buildings shall be maintained to meet all applicable requirements established under statute and city articles for buildings.

(A)

Walls.

(1)

All walls, including parapet walls at the roofline, shall be structurally sound.

(2)

Brick shall be adequately and appropriately tuck pointed and secure.

(3)

Masonry repairs shall not be done in such a way as to harm or destroy historic materials.

(a)

Replacement mortars shall have a 1:3 lime binder to sand ratio.

(b)

Replacement joints must match historic joints in color and tooling.

(c)

Substitute masonry units shall be compatible to the historic units in color, permeability and compressive strength. Hard, modern brick and cinder block is generally not suitable, unless used as original construction material.

(4)

Unpainted brick shall not be painted.

(5)

Metal cornices and brackets, corbelled brick cornices and other decorative elements shall be retained and maintained.

(6)

Painted brick shall be in good repair, free of flaking and chipping.

(7)

Paint colors shall accentuate the historic character of the historic downtown district. Compatible and complementary paint colors shall be used throughout the historic downtown district.

(8)

All exterior building walls shall be free of plant growth, with the exception of container plants.

(B)

Roofs.

(1)

Roofs shall be leak-free and sound.

(2)

Roofs shall maintain the same appearance from the street as the original roof.

(3)

If roofs are visible from the street, roofing material must be appropriate to the historic character of the building and the historic downtown district.

(4)

Gutters shall be installed as necessary, but shall be as unobtrusive as possible. Constructed, or box gutters, shall be in good repair.

(C)

Windows.

(1)

Street level storefronts shall be a minimum 75 percent glass unless verifiable historic evidence for a building shows otherwise.

(2)

Replacement windows, when necessary, shall fit the original openings.

(3)

Replacement windows, when necessary, shall be of the same style as the originals, as verified by existing windows or historic photographs, or shall be compatible with the style of building as it currently exists, or shall be compatible with the proposed remodeling.

(4)

Existing original openings shall not be filled or covered.

(5)

Transoms above display windows and doors, and sidelights, shall not be filled or obscured.

(6)

Window glass shall be secure.

(7)

Only clear glass is permitted, unless a substitute material is approved by the plan commission or any other agency with jurisdiction.

(8)

Sills and lintels shall be in good repair.

(9)

Shutters are prohibited.

(D)

Approvals.

(1)

Any building construction, reconstruction or exterior structural alteration, including, but not limited to, masonry repair and tuck pointing, awnings, windows, doors, storefront and signage, is subject to approval by the plan commission or any other agency with jurisdiction.

(2)

Regular, ongoing, normal preventive maintenance, including, but not limited to, caulking, glazing, replacing non-structural glass and painting (see subsection (A)(7) above), shall not require approval by the plan commission or any other agency with jurisdiction. Any work that impacts public safety, such as placement of ladders, scaffolding, man lift or dumpster, shall require consultation with the city superintendent before the commencement of such work.

(Ord. No. 2009-1626, 5-4-2009)

(A)

The issuance of a demolition permit by the building inspector shall require the approval of the common council, except when there is an imminent threat to public health or safety as determined by the fire chief or city engineer.

(B)

The following conditions and standards shall apply to any entity requesting demolition of a building.

(1)

A building shall only be demolished if it is deemed a hazard and threat to public health, safety and welfare by a professional engineer hired by the owner or by the city.

(2)

A demolition permit shall not be issued without the approval of the common council or any other agency having jurisdiction.

(3)

The common council or any other agency with jurisdiction may allow a demolition permit to be issued only after the property owner has established all of the following:

(a)

A good faith effort has been made to sell or otherwise dispose of such property to any public agency or private person which gives a reasonable assurance of its willingness to preserve and restore such property;

(b)

Such documented evidence shall be provided at the property owner's expense and shall include:

1.

Offering price;

2.

Date the offer of sale began;

3.

Name and address of listing agent, if any;

4.

A copy of an advertisement which offers the property for sale to run in the same manner as set forth in I.C. 5-3-1-1 et seq.; and

5.

An appraisal of the property's fair market value by a licensed real estate appraiser.

(4)

Filing procedure for common council approval for demolition of a building or portion of a building shall be as follows:

(a)

Make application to the building inspector not less than 30 days prior to the common council meeting date for which a demolition public hearing is desired and pay a non-refundable application fee which shall be in an amount equal to the fee for a use or development variance;

(b)

Place in a newspaper of general circulation a legal notice advising of the public hearing before the common council. The notice shall appear not less than ten days prior to the hearing date. The notices shall contain the following information:

1.

Owner's name and address;

2.

Address of the property for which a demolish permit is being requested;

3.

Legal description of the property;

4.

Date of the public hearing;

5.

Location and time of the public hearing; and

6.

Statement that the purpose of the public hearing is for the common council to receive public comment on the proposed demolition.

(c)

Not less than ten days prior to the hearing date, send notice of the public hearing, containing the same information as listed in subsections (B)(4)(b)1. through (B)(4)(b)6. above, via certified mail return receipt requested, to all adjacent landowners who are within two parcels in depth or 660 feet from the subject property, whichever is least. Notice is also to be sent by certified mail not less than ten days prior to the hearing to the following persons or agencies:

1.

Mayor of the City of Martinsville;

2.

Martinsville fire chief;

3.

Martinsville city engineer;

4.

Martinsville chamber of commerce;

5.

Morgan county historic preservation society;

6.

Historic landmarks foundation of Indiana;

7.

Rediscover Martinsville; and

8.

Department of natural resources, division of historic preservation and archeology.

(d)

Not less than ten days prior to the hearing date, place a placard, provided by the building inspector in a conspicuous location on the front of the building that will advise the public of the proposed hearing on demolition of the building.

(5)

During the 30 days between the time application is made for demolition and the public hearing by the common council, the owner of a property proposed for demolition shall pursue and give due consideration to all possible alternatives to demolition, and shall make a good faith effort to accommodate reasonable requests from any interested parties for information about or access to the building for the purpose of evaluating alternatives to demolition.

(6)

Any demolition permit issued pursuant to this chapter shall be valid for a period of six months from the date of issuance. If the demolition has not commenced within this six-month-period, then the owner shall be required to apply for a new permit and satisfy all notification requirements.

(7)

If the common council approves application for a demolition permit, then the building inspector shall issue a demolition permit pursuant to Section 94-227 of this chapter. Applicant shall pay the permit fee and furnish the bond as required by Section 94-227 of this chapter.

(Ord. No. 2009-1626, 5-4-2009; Ord. No. 2017-1757, 9-5-2017)

(A)

The number, size, design and placement of signs have significant influence on the character and function of the historic downtown district.

(B)

In order to promote public safety, limit clutter and confusion, allow businesses to effectively communicate with the public, and to protect and enhance the physical appearance and scenic value of the historic downtown district, the following sign regulations shall apply.

(1)

Permanently affixed exterior signs shall pertain only to products for sale, events occurring or services rendered upon the premises.

(2)

One square foot of sign shall be permitted for each ten square feet of building face fronting on a public street or for each one linear foot of property fronting on a publicly maintained right-of-way, whichever is greater. The name of a business on an awning constitutes a sign and as such shall apply to the total square area of allowable signage.

(3)

Free-standing stationary and portable signs, with the exception of sidewalk signs are not allowed. Sidewalk signs shall conform to the following requirements:

(a)

Sign shall have a maximum face area of six square feet per side;

(b)

Sign shall have a maximum width of two and three-fourths feet measured from the extreme outside limits of the sign, including legs;

(c)

Sign shall have a maximum height of four and one-half feet measured from the sidewalk to the top of the sign;

(d)

Sign shall not be placed on the sidewalk so as to hinder pedestrians;

(e)

Only one sign per business; and

(f)

Sign shall be taken in every night.

(4)

One temporary sign or banner, not exceeding 32 square feet, for the purpose of advertising a special event, such as a "grand opening" or "special sale," or for the purpose of advertising the business until a permanent sign is erected, shall be permitted per business; provided, the temporary signage does not exceed a collective 30 days out of a calendar year. No improvement location permit shall be required for such temporary signs.

(5)

Wall-mounted signs shall not extend more than three feet over the public sidewalk and the bottom of said signs shall be a minimum of eight feet above the sidewalk. Signs that extend over a public street or alley pavement or curb are prohibited.

(6)

No sign shall be erected or painted on a roof, the only exception being the historic "Martinsville City of Mineral Water" sign, as it presently appears and is located.

(7)

No sign shall be painted directly on a building surface.

(8)

Signs shall not be placed on a building so as to obscure any window or door opening.

(9)

Restoration of existent historic advertising murals is permitted. Murals or other public art shall be compatible with the historic downtown district and shall not be injurious to the public health, safety morals and general welfare of the community and in addition must be approved by the plan commission or any other agency with jurisdiction.

(10)

All signs must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

(Ord. No. 2009-1626, 5-4-2009)

(A)

Buildings shall not be demolished for the specific purpose of providing parking.

(B)

All parking surfaces must be of asphalt, concrete or approved permeable asphalt, concrete, open grid concrete pavers or similar pavement system that provides reduced storm water runoff.

(C)

Parking lot surfaces must be well-maintained. All landscaping, including plants, must be maintained. Dead plants or vegetative materials must be removed and replaced.

(D)

One on-street parking space is permitted for each owner occupied residential unit.

(E)

One off-street parking space must be provided for each bedroom in a non-owner occupied residential unit.

(Ord. No. 2009-1626, 5-4-2009)

(A)

Sidewalks, street curbs and gutters and planting beds shall be maintained in good condition. All landscaping, including plants, must be maintained. Dead vegetative materials must be removed and replaced.

(B)

Private dumpsters and other refuse receptacles shall not be placed on sidewalks, except trash receptacles may be placed curb side no earlier than 6:00 p.m. on the date preceding the scheduled day for collection, and receptacles shall be removed from the curb not later than 6:00 p.m. the day of collection.

(C)

Retail merchandise displayed on sidewalks is permitted only during the hours that the business is open. Merchandise shall not block or impede pedestrian passage.

(D)

Exterior lighting, whether for area lighting, security or signage, shall be hooded, screened or otherwise shielded and arranged such that it does not directly pose a hazard or nuisance to traffic on adjacent streets. Further, no exterior lighting shall be used that will produce a direct glare or concentrate light onto adjacent property or be a nuisance to adjoining residential uses. The city superintendent or his or her appointed agent shall be the sole determiner of what constitutes unacceptable glare, concentrated light or a lighting nuisance.

(Ord. No. 2009-1626, 5-4-2009)

Any use of land for parks or outside recreation is prohibited unless specifically approved by the plan commission or any other agency having jurisdiction.

(Ord. No. 2009-1626, 5-4-2009)

(A)

If public buildings are required to be constructed, remodeled or expanded in the historic downtown district, the controlling government agency shall cooperate to make the exterior of the building and the site conform to the general historic nature of the district while still retaining the public function for which the building is needed.

(B)

The following restrictions shall apply: the exterior of building(s) and structure(s) shall be designed and landscaped to be in general conformity with the exterior of existing buildings in the historic district. Architectural and landscaping plans shall require the approval of the plan commission or any other agency having jurisdiction.

(Ord. No. 2009-1626, 5-4-2009)

(A)

A permit is required to construct, alter, change, improve or repair any lot, building or sign in the "historic downtown district."

(B)

An application for said permit shall be submitted to the city superintendent for review and processing.

(C)

A permit fee shall be paid in accordance with Section 94-240 of this chapter. Said permit fee shall be in the same amount as required for an accessory building, table item (e).

(Ord. No. 2009-1626, 5-4-2009)

(A)

This section shall be the same as Section 94-170 of this chapter.

(B)

The penalty of violation of this article shall be the same as a violation of development standards, table item (b), in Section 94-241 of this chapter.

(Ord. No. 2009-1626, 5-4-2009)