The zoning ordinance of the City of Martinsville establishes standards and regulations for the use and arrangement of land, buildings, streets, and other public and private property and infrastructure, in order to promote the health, safety, and general welfare of the public and to implement the city's adopted comprehensive plan for the orderly future development of the city.

This zoning ordinance is designed to achieve the following goals and objectives for the benefit of those who live, work, visit, and own property in the city:

1.

To promote the health, safety, and welfare of the citizens of Martinsville.

2.

To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers; and to reduce or prevent congestion in the public streets.

3.

To provide for the future growth of the city in a way that is consistent with the efficient and economically sound use of public funds.

4.

To ensure that the city's future growth does not adversely impact Martinsville's environmental quality or natural resources.

5.

To promote the needs of housing, industry, and business in the city's future growth.

6.

To promote the creation and expansion adequate highway, utility, health, education, and recreational facilities to serve the needs of Martinsville's citizens.

7.

To protect against destruction of, or encroachment of incompatible uses and buildings upon, the city's historic areas and tourism corridors.

8.

To encourage economic development activities that provide employment opportunities and a broad tax base.

9.

To promote housing of such type, size and cost as will allow city residents of various economic conditions to reside in safe and sanitary dwellings.

10.

To encourage new and innovative approaches to development; and to promote a sense of community within the city.

11.

To accomplish all other objectives and exercise all other powers set forth in Code of Virginia Title 15.2, Chapter 22, titled Planning, Subdivision of Land and Zoning.

12.

And, to otherwise to implement the goals, objectives, policies and initiatives of the city's comprehensive plan and other land use plans.

1.

This ordinance shall be effective within the corporate limits of the City of Martinsville, hereinafter referred to as the city.

2.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this ordinance to annul or interfere with any easements, covenants, or other agreements between parties; provided, however, where this ordinance imposes a greater restriction upon the use of building or premises, or upon the height of buildings, or requires larger open spaces than those imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this ordinance shall govern.

3.

The provisions of this ordinance shall be administered and enforced by the zoning administrator, who shall be appointed by the city manager. The zoning administrator shall have all necessary authority in accordance with Code of Virginia § 15.2-2286 to administer and enforce the provisions of this ordinance, including ordering the remedying of any condition found in violation of this ordinance, or the bringing of legal action to ensure compliance with this ordinance, including, but not limited to, injunction, abatement or other appropriate action or proceeding.

4.

As provided by Code of Virginia § 15.2-2286, the zoning administrator shall be authorized to grant a modification from any provision contained in this zoning ordinance with respect to the physical requirements on a lot or parcel of land, including but not limited to size, height, location, or features, or related to any building, structure, or improvements, if the administrator finds in writing that:

a.

The strict application of this ordinance would produce undue hardship;

b.

Such hardship is not shared generally by other properties in the same zoning district and vicinity; and

c.

The modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within twenty-one (21) business days of the date of the notice. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

The incorporated territory of the City of Martinsville is hereby divided into the following districts:

1.

The location and boundaries of the zoning districts established by this ordinance are as indicated on the map, or maps, entitled "Official Zoning Map, Martinsville, Virginia," as approved by the city council as a part of this ordinance, endorsed by the clerk to the city council, and filed in the office of the zoning administrator and clerk of the council. The official zoning map shall be available for inspection by the public.

2.

The boundaries of such districts as shown upon the official zoning map are hereby adopted. The provisions of this ordinance governing within each type of district the use of land and buildings, the height of buildings, building site areas, the size of yards around buildings, and other matters as are set forth in this ordinance are hereby established and declared to be in effect upon all land included within the boundaries of each and every district of said types shown upon the official zoning map.

The official zoning map may be comprised of more than one duly adopted map exhibit, as necessary to depict overlay and special districts.

3.

If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map after approval by city council on a biannual schedule, together with a reference to a more complete descriptive record of such changes which shall be kept as a permanent record in the immediate proximity of the official zoning map.

This descriptive record shall contain at least the following entries: "On (date), by official action of the City Council, the following (change/changes) were made in the Official Zoning Map: (brief description of nature of such change or changes)," which entry shall be signed by the mayor and attested by the clerk of the city council.

The amended ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. No amendment to this ordinance which involves a matter portrayed on the official zoning map shall become effective until city council allows said amendment and schedules for it to be entered on the official zoning map.

4.

Changes of any nature may be made in the official zoning map only in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance.

5.

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map, referred to as the zoning map, which shall be located in the office of the zoning administrator, shall be final authority as to the current zoning status of lands, buildings or other structures in the city.

In the event that uncertainties exist with respect to the intended boundaries of the various zoning districts as shown on the official zoning map, the following rules shall apply:

1.

Where zoning district boundaries of the city appear to follow streets, alleys, railroads or highways, such boundaries shall be construed as the centerlines of those streets, alleys, railroads or highways.

2.

Where zoning district boundaries appear to follow lines of lots or parcels of record, such lot or parcel lines shall be construed to be such boundary.

3.

Where indicated district boundaries are approximately following corporate boundaries, such corporate boundaries shall be construed to be the district boundaries.

4.

Where district boundaries are indicated as approximately following a river, stream, or marsh, the centerline of the river, stream or other water body shall be construed to be the district boundary.

5.

All areas of the city that lie under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, with reference to physical features, city corporate limits or straight-line projection of the district boundaries.

6.

Zoning district boundaries shall not divide a parcel of land. As such, each parcel of land in the city shall have one distinct zoning classification as depicted on the official city zoning map.

Except as otherwise provided in this ordinance:

1.

Within each district, the regulations set by this ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

2.

Permitted uses and special permit uses are listed for the various zoning districts governed by this ordinance. Any use not specifically permitted in a specified district or districts as a by right use or a special permit use shall be prohibited.

3.

No use of a structure or land that is designated as a special permit use in any district shall be established or hereafter changed to another use designated as a special use, unless a special use permit has been granted by the city.

4.

Within each zoning district there are additional regulations referenced that are directly applicable to development permitted in the district.

5.

No building, structure or land shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations specified in this ordinance for the district in which it is located.

6.

No building or other structure shall hereafter be erected or altered, unless otherwise waived or amended by provisions of this ordinance:

a.

To have a greater height;

b.

To accommodate or house a greater number of families;

c.

To occupy a greater percentage of lot area;

d.

To have narrower or smaller rear yards, front yards, or other open spaces than herein required;

e.

To be in any other manner contrary to the provisions of this ordinance.

7.

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

8.

No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

This ordinance was duly considered, following public hearing duly advertised as required by law, and was adopted by the city council of the City of Martinsville, Virginia, at its regular meeting on July 11, 2017. This ordinance shall be effective on and after August 1, 2017.

Nothing in this ordinance shall be deemed to require any change to the plans, plats, or lots previously approved prior to the effective date of this ordinance, nor to the construction, size or designated use of any structure or part thereof for which a building permit has been granted by the building inspector before the effective date of this ordinance and for which construction from such plans have been started within ninety (90) calendar days after this ordinance becomes effective.

Such construction is hereby defined as the placing of construction materials in permanent position and fastened in a permanent manner, including the demolition, elimination and removal of an existing structure in connection with such construction; provided, that actual construction work shall be diligently carried on until the completion of the building involved, and that if the building operation in question is discontinued for a period of not less than six (6) months, any further construction shall be in conformity with the provisions of this ordinance.

1.

Whenever any provision of this ordinance imposes a greater requirement or a higher standard than is required in any state or federal statute or any other city ordinance or regulation, the provision of this ordinance shall govern.

2.

Whenever any provision of any state or federal statute or other city ordinance or regulation imposes a greater requirement or a higher standard than is required by this ordinance, the provision of such state or federal statute or other city ordinance or regulation shall govern.

3.

The text of this ordinance shall be applied to any parcel covered by a previous grant of zoning with proffered conditions except where the imposition of the requirements of this ordinance would be in conflict with a specified proffered condition that would supersede the requirements of this ordinance.

Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so held to be unconstitutional or invalid.

1.

Development applications listed below may require public notice and public hearings before the city council, planning commission, or board of zoning appeals, as appropriate per application. A public hearing is an open meeting conducted by these decision making bodies where the public is provided an opportunity to comment on the application being considered before a recommendation or decision is made.

2.

Applications that may require a public hearing include:

a.

Appeal to the board of zoning appeals.

b.

Comprehensive plan amendment.

c.

Subdivision of land.

d.

Special use permit.

e.

Zoning text amendments.

f.

Zoning variance or waiver of conditions.

g.

Zoning map amendment.

3.

A public record is established for all proceedings. Files, including the application, support materials, any materials submitted by persons either for or against the application, findings, and the decision, shall be made available to the public.

4.

Each decision-making body has adopted rules of procedure/bylaws that govern how meetings and public hearings are conducted. These rules can be obtained by contacting the office of the zoning administrator.

1.

All city officials and employees who are vested with duty or authority to issue permits or licenses shall adhere to the provisions of this chapter. Upon consultation with this chapter and the zoning administrator, as may be appropriate, they shall issue permits for uses, buildings or purposes only when they comply with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

2.

The following persons shall be jointly and severally liable for any violation of this ordinance that causes, permits a violation of the zoning ordinance, or fails to abate such violation after notice of such violation has been given to such person within the time frame specified in such notice:

a.

Any owner who holds fee simple title to such real property, whether as sole owner or co-owner thereof; and whether such co-ownership is as a tenant by the entireties, joint tenant or tenant in common, and also including any trustee that holds title to real property, excluding, however, a trustee under any deed of trust on the property.

b.

Any tenant who occupies the property, whether or not for compensation.

c.

Any person who is in charge of one or more of the development, maintenance, occupancy or use of the property.

3.

The city may proceed against any one or more of the violations listed in this ordinance, and each person proceeded against shall be punished by assessment of a civil penalty of fifty dollars ($50.00) for the initial summons and two hundred dollars ($200.00) for each additional summons.

a.

Each day during which the violation is found to exist shall constitute a separate offense; however, in no event shall penalties for specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, nor shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00). No civil penalty shall accrue or be assessed during the pendency of the thirty-day appeal period provided for under this Code.

b.

Each violation shall be subject only to the civil penalty set forth unless such violation results in injury to one or more persons, in which case the violation may, at the option of the zoning administrator, be prosecuted as a class 4 misdemeanor. In the event of such election, no civil penalty shall be assessed as to such violation.

c.

If a person charged with a violation does not elect to enter a waiver of trial as hereinafter provided, the violation shall be tried in the general district court for the city in the same manner and with the same right of appeal as provided by law.

d.

Any person subject to civil penalty and summoned for a violation may appear in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. Such person may enter a waiver of trial, admit liability and pay the civil penalty assessed hereunder. Such persons shall be informed of their right to stand trial and that such person's signature to an admission of liability will have the same force and effect as a judgment in court.

e.

An admission or finding of liability shall not be a criminal conviction for any purpose.

4.

In addition to pursuing the penalties provided in this section, the zoning administrator may bring additional legal action to ensure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

5.

For purposes of this section, owner means the person or entity shown on the city's current real estate assessment records or the fee simple title holder(s) of the property if ownership has changed since such tax assessment records were last updated; tenant means any person, other than the owner, who resides at or otherwise occupies the subject property, with or without a valid lease and whether or not compensation is paid for said residence or not.

1.

Any territory which may hereafter be annexed and incorporated into the city shall be temporarily classified into such city zoning district as most closely approximates the Henry County zoning district to which it previously belonged, as determined by the city council upon recommendation of the planning commission.

2.

Within six (6) months after the effective date of the final court order of annexation, and in accordance with this ordinance, further study of the annexed parcels shall be made by city staff, and the temporary zoning classification shall either be affirmed or such property shall be reclassified by the city. Such action shall require a public hearing by city council upon recommendation by the planning commission.

1.

A building permit is required in advance of the initiation of any building construction activity including erecting, constructing, enlarging, structurally altering, converting or relocating any building or structure and for any other activity as required by the Virginia Uniform Statewide Building Code.

2.

All applications for building permits shall be accompanied by building plans, specifications and site plans as required by the Virginia Uniform Statewide Building Code, plus additional information deemed necessary by the zoning administrator to enforce the provisions of this ordinance.

3.

Issuance of any building permit is subject to the applicant obtaining an approved zoning permit, site plan, subdivision plat, certificate of appropriateness, floodplain activity permit or any other plan approval or permit as may apply.

4.

No building permit shall be issued until the zoning administrator has certified that the proposed construction and use of the premises conform with all applicable provisions of this ordinance. The zoning administrator shall be responsible for determining whether those applications for permits are in accord with the requirements of this ordinance.

5.

It shall be unlawful for any person to erect, construct, enlarge, extend, structurally alter or use any building except in conformance with plans approved by the zoning administrator, or his designee, as required by this ordinance.