This section defines terms and phrases used within this zoning ordinance, in the interest of specificity and clarification. While it does not attempt to define all terms used in subsequent sections, this section defines those terms that may be called into question, or those terms used here in unique or specific circumstances. When a definition contained in this section differs from a common or dictionary definition of the same term, the definitions contained in this section shall be used. When interpretation of any definition or term contained in this ordinance is necessary, such interpretation will be the responsibility of the zoning administrator.

Accessory residential dwelling unit means a secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.

Accessory use or accessory structure means any land, building or structure, the use of which: is customarily found in association with, and serves the principal use; is subordinate in purpose, area or extent to the principal use served; and is located on the same lot as the principal use. Such facilities shall not be larger than the primary use or structure. Carports, garages, utility sheds, and similar facilities customarily associated with residential living are permitted, but only after zoning clearance is obtained and any necessary building permit has been issued. No shipping containers, trailers, manufactured or mobile homes, vehicle bodies or similar containers shall be classified as accessory structures. All accessory structures must comply with yard regulations specific to the applicable zoning district.

Act of God means any event in which damages are caused which are outside of the control of any individual. Damage or destruction by hurricane, flood, earthquake, or lightning shall be considered acts of God.

Adult means any person eighteen (18) years of age or older.

Adult day care means any facility that provides supplementary care and protection during only a part of the day for aged, infirm or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two (2) or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four (4) or more aged, infirm or disabled adults. All applications for an adult day care establishment shall require a special use permit and a site plan. Yard, lot, parking and loading requirements shall be determined and established with the special use permit review process.

Adult establishment means an establishment featuring (i) live entertainment, dancing, or movies emphasizing the exhibition of sexual activities or specified anatomical areas, or (ii) the sale of magazines, books, video recordings, or other goods depicting, describing, or relating to sexual activities or specified anatomical areas, where such items constitute more than fifteen (15) percent of the stock or occupy more than fifteen (15) percent of the gross public floor area.

Movies rated G, PG, PG-13, or R by the Motion Picture Association of America (MPAA) are expressly excluded from this definition, as are venues for live theatrical performances with serious artistic value that depict or describe specified anatomical areas are expressly excluded from this definition.

Alley means a roadway which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

Amusement arcade means establishments in which a principal use is the operation of video, mechanical, electronic, and/or coin operated games and/or devices for the amusement of the general public.

Amusement machine means any video, mechanical, electronic and/or coin operated game and/or device for the amusement of patrons. This definition shall not be construed to include coin operated music players, coin operated mechanical children's rides or coin operated television.

Animal experimentation or testing means any use involving the testing of products, chemicals, medications on animals, whether live or deceased, as well as any experimentation on same, or the keeping of same in a laboratory environment.

Animal or veterinary clinic means a facility for the care and treatment of animals, including household pets and larger domesticated animals. Such facilities may be entirely indoors or may have both indoor and outdoor components.

Antenna or satellite dish means a structure external to or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves. These may be principal or accessory structures.

Apartment may refer to an individual dwelling unit within a multifamily dwelling, or to an accessory residential dwelling unit. See definitions for multifamily dwelling or accessory residential dwelling unit as necessary.

Apartment building. See dwelling, multifamily.

Artisan craft production means a facility housing the small scale manufacture of ceramics, woodwork, furniture, or other crafts for direct sale of finished products to the public by the craftsperson.

Artist studio means a facility used as a place of work for an artist or craftsperson primarily for the recreation or cultural education of the public, including persons engaged in the application, teaching, exhibition, retail sale or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.

Assisted living facility means a building, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, health care assistance, and one or more personal services for a period exceeding twenty-four (24) hours to one or more adults who are not relatives of the owner or proprietor. Accessory uses may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.

Auction house means a facility at which merchandise is sold to highest bidders through an auction process. This definition shall apply only to permanent auction facilities and not to charity or occasional auctions held at non-permanent sites. This definition does not apply to internet auctions which are prohibited in all city zoning districts.

Automobile parking garage means a building or portion thereof design for, and used exclusively for, the storage of multiple automobiles, but within which no motor vehicles are serviced, repaired, equipped, leased or sold. This definition shall not include garages meant for the exclusive use of a home owner or renter which are attached or accessory to single family attached or detached dwellings.

Automobile parking, off-street means any space specifically allotted to the parking of motor vehicles as an accessory use. The term does not include space located in a dedicated right-of-way, travel lane, service drive, or easement for public ingress or egress.

Automobile parking, shared means off-street parking facilities shared by two (2) or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s).

Automobile repair and service means a building and premises wherein the primary use is the repair and maintenance of vehicles, including engine repair, tire servicing, exhaust systems, and brake repair, along with the retail supply of oil, batteries, tires, and motor vehicle accessories.

Automobile sales and rental means premises on which new or used passenger automobiles, trailers, motorcycles, recreational vehicles, or light trucks in operating condition are displayed indoors or outdoors for sale, lease, or rental.

Awning means a roof-like covered structure (of flexible or rigid material), attached to and extending beyond the building wall.

Bank or financial services means any building wherein the primary occupation involves such state-regulated businesses as banks, savings and loans, loan companies and investment or securities companies.

Bed and breakfast (home stay) establishment means an owner occupied business property that is both a business and a residence:

a.

Having no more than six (6) bedrooms;

b.

Offering to the public, for compensation, transitory lodging or sleeping accommodations; and

c.

Offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. For purposes of any subsequent licensing requirements of this title, "bed and breakfast establishment" includes any property offered to the public for short-term rental, as that term is defined in Code of Virginia § 15.2-983, other than a hotel as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided. The city, at its option, may elect to require registration of such lodging and establish further regulations pertaining to its oversight.

Bed and breakfast inn means a small owner-operated business offering overnight lodging and meals having less than ten (10) bedrooms. Owner may or may not live on site and the business may operate a restaurant. The building's primary use is as a business.

Berm means an elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.

Best management practices (BMP) means a practice or combination of practices determined by a state, regional or city agency to be the most effective and practical means of preventing or reducing negative impacts of stormwater runoff.

Board of zoning appeals means the board as enacted by this ordinance.

Buffer means an area of natural or planted vegetation adjoining or surrounding a use and unoccupied in its entirety by any building, structure, paving or portion of such use, for the purposes of screening and softening the effects of the use, no part of which buffer is used for recreation or parking.

Building code means the Virginia Uniform Statewide Building Code, as amended; may also be referred to as —USBC or —VUSBC.

Building height means the vertical distance from the average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.

Building official means the building official of the city (refer to state building code).

Building line means a line located parallel to the right-of-way of a street or road with a distance at all points from the right-of-way line equal to the front yard depth requirements as provided in this ordinance for the particular locale.

Building, main means a building in which the principal use of the lot is conducted. In any residential district, any dwelling shall be deemed to be a main building on the lot.

Caliper means a horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper of the trunk is measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, twelve (12) inches above the ground for trees greater than four (4) inches and up to ten (10) inches in diameter, and at breast height (four and one-half (4.5) feet) for trees ten (10) inches or greater in diameter.

Cemetery or mausoleum means any land, or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Certificate of occupancy means a statement, signed by the building official of the city, setting forth that a building, structure, or use complies with the zoning ordinance and that the same may be used for the purposes stated therein.

Child day care center means a facility providing a child day care program, as defined in Code of Virginia § 63.2-100, offered to (a) two (2) or more children under the age of thirteen (13) in a facility that is not the residence of the provider or of any of the children in care, or (b) thirteen (13) or more children at any location. A child day program means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of thirteen (13) for less than a twenty-four-hour period.

Church or place of worship means a structure or place in which worship, ceremonies, rituals, and religious education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include religious school facilities, parking, or caretaker's quarters.

City Code means the Martinsville City Code.

City council means the governing body of the city.

Clerk of the court means the clerk of the circuit court of the city.

Cluster development. See residential cluster development.

Code of Virginia means the Code of Virginia, as defined in Code of Virginia Title 1, Chapter 1, Section 1-1, effective as set forth within Sections 1-2 and 1-2.1, as such Code has been amended, and may hereafter be amended, from time to time.

Commercial indoor entertainment means predominantly entertainment uses conducted within an enclosed building. Typical uses include cigar bars, hookah lounges, motion picture theaters, and concert or music halls.

Commercial indoor sports and recreation means predominantly entertainment uses conducted within an enclosed building. Typical uses include bowling alleys, escape rooms, laser tag, bouncy rooms, and ice and roller skating rinks.

Common area. See open space, common.

Community center means a building used for recreational, social, educational and cultural activities.

Community garden means a group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, or donation. 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 and used by group members.

Comprehensive plan means the official document or elements thereof adopted by the city council and intended to guide the physical development of the city or a portion thereof. Such plan, including maps, plats, charts, policy statements and descriptive material, shall be that adopted in accordance with Code of Virginia § 15.2-2226, and reviewed or revised every five (5) years.

Condominium means real property, and any incidents thereto or interests therein, lawfully submitted in accordance with Title 55 Virginia Code, Chapter 4.2 Condominium Act, by the recordation of condominium instruments pursuant to the provisions of this ordinance. No project shall be deemed a condominium within the meaning of this ordinance unless the undivided interests in the common elements are vested in the unit owners.

Contractor workshop means offices for building, heating, plumbing, or electrical contractors, including workshop and related storage facilities.

Convenience store means a retail establishment primarily engaged in the sale of a variety of convenience goods including snacks, magazines, cigarettes, personal items and food items which also may include the sale of gasoline or similar petroleum products

City manager means the chief appointed administrative official of the city.

Density means a measure of the number of size of structures occupying a given parcel or area of land. Density is measured in dwelling units per acre for residential uses, and in floor area ratio for non-residential uses.

Development means land developed, or to be developed, as a unit under single ownership or unified control, which is to be used for any business or industrial purpose, or is to contain three (3) or more residential dwelling units. The term shall include activity that constitutes redevelopment of a previously-developed site. Where appropriate to the context, the term may also be used to refer to land disturbing activity or construction of improvements on property.

District means an area delineated on the official zoning map which sets forth standards and guidelines for all development within the prescribed area.

Drive-through means a facility designed to enable a person to transact business while remaining in a motor vehicle.

Drug store or pharmacy means a freestanding establishment that is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related items.

Dwelling means a building or portion thereof, but not a mobile home, designed or used for residential occupancy. The term shall not be construed to mean a hotel, rooming-house, hospital, or other accommodation used for transient occupancy, provided that a short-term rental use of a dwelling shall be permitted as defined in this section.

Dwelling, duplex means two (2) single-family dwelling units joined to one another by a common party wall, occupying separate and adjacent individual lots, and meeting all criteria such that each dwelling can be marketed and transferred on an individual.

Dwelling, attached means a group of two (2) or more single-family dwelling units which are generally joined to one another by a common party wall, a common floor or ceiling, or permanent connecting structures such as breezeways, carports, garages, or walls, whether or not such units are developed in a condominium arrangement, or on adjacent individual lots. Each unit shall have its own outside entrance. The term attached dwelling includes structures such as semi-detached dwellings, patio houses, and townhouses, but not multifamily or apartment dwellings.

Code requirements for attached dwellings must be met to ensure that each dwelling can be marketed and transferred on an individual, or as a condominium in compliance with applicable Virginia laws.

Dwelling, live/work means a structure or portion of a structure combining both a commercial or business space and a residential living space principally used by the proprietor of the commercial space. The primary use of the structure shall be commercial, with the residential portion clearly subsidiary to the commercial use. The residential portion may be on an upper level, or on the same level as the business space, but must occupy no more than half of the total building square footage.

Dwelling, multi-family means a residential building containing three (3) or more separate dwelling units located on a single lot. A multiple-family dwelling, commonly known as an apartment house, generally has a common outside entrance for all the dwelling units and the units are generally designed to occupy a single floor, one above another. The term shall not include a single-family attached dwelling. Units may be offered for rent, or for purchase in a condominium arrangement.

Dwelling, single-family detached means a residential building containing only one dwelling unit and not occupied by more than one family.

A residential facility in which no more than eight (8) individuals with mental illness, mental retardation, or developmental disabilities reside, with one or more resident counselors or other staff persons. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia.

Zoning ordinances for all purposes shall consider a residential facility in which no more than eight (8) aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority pursuant to this Code.

Easement means a grant by a property owner of the use of his land to another party for a specific purpose.

Electronic game room (internet sweepstakes/internet cafe) means a business enterprise, whether principal or accessory, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are deemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations do not include operations associated with the official Virginia Lottery or amusement arcades. All electronic game rooms are prohibited in the city.

Engineer means a professional engineer registered with the state board of professional occupation and registration.

Family means one or more persons living together as a single housekeeping unit and using common cooking facilities.

Family day home means a day program offered in the residence of the provider or the home of any of the children in care for one through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving five (5) through twelve (12) children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four (4) children under the age of two (2), including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all related to the provider by blood or marriage shall not be required to be licensed.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Fence means a structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.

Fire Code means the Virginia Statewide Fire Prevention Code.

Fitness center or health club means an establishment offering or providing facilities for, and instruction in, general health, physical fitness and controlled exercises such as weight lifting, calisthenics, and aerobics. This use category shall not include dancehalls, teen centers or similar commercial recreation/entertainment establishments and operations. Retail sales of hand-held fitness equipment, clothing, or health foods may occur as an accessory use.

Floor area ratio (FAR) means the ratio of a building's gross floor area to the area of the parcel on which it is built. (Example: a five thousand (5,000) square foot building on a ten thousand (10,000) square foot lot would have an FAR of 0.5, while a twenty thousand (20,000) square foot building on a ten thousand (10,000) square foot lot would have an FAR of 2.0, indicating a multi-story building.)

Fraternal organization means any organization having religious, charitable or professional non-profit purposes.

Frontage means all the property abutting one side of a street between two (2) intersecting streets, measured along the street line.

Garage means an accessory building or part of a principal building used primarily for the storage of licensed and operable motor vehicles, but having no provision for repairing or servicing such vehicles for profit.

Garage sale. See yard sale.

Gasoline sales means buildings and premises where gasoline is supplied and dispensed at retail.

Gross building area means the total land area covered by a building or by buildings multiplied by the number of stories of the building or buildings, exclusive of any interior mall pedestrian traffic areas and exterior covered walkways, but including such sales cubicles as may be constructed at any time in such interior mall traffic ways.

Ground sign means any sign supported by uprights or braces placed in or upon the ground and not attached to a building.

Group home means a residential facility in which individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons (licensed by the Department of Behavioral Health and Developmental Services), or in which individuals or families that are aged, infirm, abused, relocated, or disabled reside with one or more resident counselors or other staff persons (licensed by the Department of Social Services).

For the purposes of this ordinance, such a facility containing eight (8) or fewer residents shall be considered residential occupancy by a single family. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Virginia Code § 54.1-3401.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure even if said highest point is an antenna.

Homeowners association (HOA) means an organization of homeowners or property owners of lots or land in a particular subdivision, condominium, or planned development. The homeowners association is responsible for maintaining and enhancing the shared public and private infrastructure (e.g., streets and sidewalks) and common space like recreation features. May also be referred to as property owners' association (POA).

Home occupation means the operation of small home-based businesses within a residential dwelling or residential zone. Conditions and requirements for a home occupation shall be as defined in the general provisions; section 3.J., Home Occupations.

Hospital means any institution receiving inpatients and rendering medical, surgical or obstetrical care, including general hospitals and specialized institutions in which care is oriented to cardiac, eye, ear, nose, throat, psychiatric, orthopedic, skin, cancer or obstetric cases.

Hotel or motel means a duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, full food and beverage services and lodging are habitually furnished to persons, and which has four (4) or more bedrooms for overnight guests.

Hydroponic agriculture means a facility growing fruits, vegetables, flowers, or other plants in an enclosed and controlled indoor environment, including greenhouses, without the use of soil.

Impervious means any surface composed of such material as to significantly impedes or prevents the natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete or asphalt surface.

Independent senior living means any single family, attached, or multifamily residential development designed, marketed, or intended for the exclusive occupation of adult residents over the age of fifty-five (55) years.

Kennel means a use or building in which the principal activity is the keeping, raising, breeding, or boarding of dogs. Any such activity shall not be considered a kennel where accessory to a principal residential use, provided that not more than four (4) dogs exceeding six (6) months in age are kept.

Landscaping means the improvement of a property with grass, shrubs, trees or other vegetation. It shall include pedestrian walks, flowerbeds, and ornamental objects such as fountains, statues and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Laundromat means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Library means a public facility for the use, but not sale, of literary, historical, scientific, musical, artistic, or other reference materials.

Lodge or club means a building and related facilities owned and operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational, or cultural enrichment of its members and primarily not for profit, and whose members meet certain prescribed qualifications for membership and pay dues.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards, and other open spaces as are herein required. A lot may consist of:

a.

A single lot of record.

b.

A portion of a lot of record.

c.

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of records; provided that in case of division or combination, any residual lot or parcel created must meet the requirements of this ordinance.

Lot, corner means a lot abutting upon two (2) or more streets or roads at their intersection.

Lot coverage means the portion of a lot or parcel occupied by all principal and accessory structures, as well as all impervious surfaces, including sidewalks and paved driveways and parking areas.

Lot, interior means a lot within a block and having frontage on only one street.

Lot lines means the property lines bounding a lot.

Lot measurements means:

a.

Depth of a lot shall be considered to be the shortest distance measured between the front and the rear lot lines.

b.

Depth of a lot shall be considered to be the shortest distance measured between the side lot lines.

Lot of record means a lot included in a plat of a subdivision approved by the planning commission pursuant to appendix A of this Code, as amended, recorded in the circuit court clerk's office of the city or of Henry County, or, a lot described by metes and bounds in a deed or other document recorded prior to April 12, 1955, in the circuit court clerk's office of the city or of Henry County.

Low impact development (LID) means a land planning and engineering design approach to manage stormwater runoff by emphasizing conservation and the use of on-site natural features to protect water quality by infiltrating, filtering, storing, evaporating, or detaining runoff close to its source.

Manufactured home means a structure, also called a mobile home, subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Not to be confused with modular buildings (see below).

Marquee means any fixed canopy or other covered structure, other than a projecting sign, which is structurally a part of a building, projecting from and wholly supported by the building and extending beyond the building wall.

Medical laboratory means facilities and offices for performing diagnostic or therapeutic medical, dental, or other healthcare procedures of a nonsurgical nature.

Microbrewery or taproom means a facility for the production and packaging of beer for distribution or retail sale. The facility may also include a restaurant or bar for on-premise consumption of beverage produced by the facility.

Mixed-use development means a tract of land or structure developed to include two (2) or more different uses, such as, but not limited to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access. Mixed-use may describe uses occupying separate structures on the same site, or uses combined within a single structure.

Modular building means any structure built in large segments at an off-site factory and then assembled on-site on a permanent foundation. Modular buildings are not built on a permanent chassis designed for towing, and must meet the same building code as required for site-built structures. Not to be confused with manufactured homes (see above).

Monopole means a single pole structure usually self-supporting used to support antennas.

Mural means a work of graphic art painted or applied to the exterior surface of a structure, which contains no advertising, commercial messages, or logos.

Museum means a building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the limited retail sale of goods, services, or products such as prepared food to the public.

Net developable area (NDA) means the total area of a site less the area of the following land characteristics:

a.

Wetlands and water features;

b.

One hundred-year floodplain; and

c.

Terrain with slopes thirty (30) percent or greater.

Nursing home means any facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two (2) or more non-related individuals, including facilities known by varying nomenclature or designation such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, emergency shelters, veterans homes, extended care facilities and infirmaries. This does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage.

Open space means areas intended to provide light, air, recreational, or scenic beauty. Open space shall, in general, be available for entry and use by the owners, residents or occupants of the property or development, but may include a limited proportion of space so located and treated as to enhance the amenity of the property or development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Open space may include, but is not limited to lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, undisturbed natural areas, agriculture, wooded areas, water bodies and those areas where landscaping and screening are required by the provisions of this ordinance. Open space shall not include driveways, parking lots, or other vehicular surfaces, any area occupied by a building, nor areas so located or so small as to have no substantial value for the purposes stated in this definition.

Open space, common. Within a residential subdivision, open space shall be composed of only those areas not contained in individually owned lots. Common open space shall be designed and set aside for use and enjoyment by all residents or occupants of the development or by the residents or occupants of a designated portion of the development. Common open space shall represent those areas not to be dedicated as public lands, but are to remain in the ownership of a homeowners association or of a condominium.

Open space, public means any open space which is dedicated or conveyed to (a) the city or to (b) by any other individual or entity for use by the general public as open space. In all instances involving ownership under (b), open space which does not adjoin any contiguous parcels shall remain a use by right; for any open space adjoining any contiguous parcel, however, a description with supporting documentation of any such open space shall be submitted to the zoning administrator for review. The zoning administrator shall enjoy discretionary authority to, after due consideration of the comprehensive plan and the effect of such open space on adjoining parcels and the neighborhood in general, either allow the use by right or alternatively require an application for a special use permit.

Outpatient mental health and substance abuse clinics means an establishment which provides outpatient services primarily related to the treatment of mental health disorders, alcohol, or other drug or substance abuse disorders, which services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners as licensed by the Commonwealth of Virginia and compliance with the state code requirements for location of such facilities.

Outside storage means the placement of products or materials (other than vehicles) for storage, display, or sale, outside of a structure, but within the same property. This includes, but is not limited to, items such as lumber, mulch, fertilizer, and equipment. Outdoor storage may require a special use permit or specific landscaping or screening.

Owner means any person or legal entity holding legal title to land.

Parking space, off-street means the standing storage space for one automobile plus the necessary driveway access space. The standing storage space shall meet the minimum requirements set forth in the parking design standards.

Pawn shop means any establishment which lends or advances money for profit on the pledge or possession of personal property or other valuable things, other than securities or written evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

Personal services establishment means any building wherein the primary occupation is the repair, care, maintenance or customization of personal properties that are worn or utilized by the person or that are a physical component of the person. The term shall include barbershops, beauty parlors, laundering, cleaning and other garment servicing establishments, tailors, tattoo parlors, dressmaking shops, spas (including days spas and those that offer therapeutic massage), shoe cleaning or repair shops, and other similar places of business.

Pet grooming means any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. These uses do not include outdoor boarding.

Planning commission means the planning commission of the City of Martinsville.

Plat or subdivision plat means the schematic representation of land divided or to be divided, and information in accordance with the provisions of Code of Virginia §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, 15.2-2264 and other applicable statutes.

Principal building means a building in which the primary use of the lot on which the building is located is conducted.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Professional office means a room, or group of rooms used for conducting the affairs of a general business establishment, including financial services, sales of real estate or other personal property, and professional services. Examples of business services office uses include offices for retail and wholesale establishments, stock brokerage, investment services, credit card services, real estate sales, lawyers, accountants, engineers, architects, artwork, artifacts, or other specialized services.

Proprietors apartment means a residential apartment located in a building housing an approved commercial land use but that is not otherwise zoned or approved for residential use, wherein (a) the resident has principal responsibility for the management and oversight of the commercial land use in which the apartment is located, and (b) as otherwise defined within this ordinance.

Public place means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane. The term shall not include:

a.

Hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization;

b.

Restaurants licensed by the city in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility;

c.

Offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or

d.

Private recreational or chartered boats which are not licensed and on which alcoholic beverages are not sold.

Recreational equipment means equipment, including boats, boat trailers, rafts, house trailers, travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Recreational vehicle means a vehicle which is:

a.

Built on a single chassis.

b.

Four hundred (400) gross square feet or less when measured at the largest horizontal projection.

c.

Designed to be self-propelled or permanently towable by a light duty truck.

d.

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Repair service establishment means any building wherein the primary occupation is the repair and general service of common home appliances such as musical instruments, sewing machines, televisions and radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers; or any building wherein the primary occupation is interior decorating, including reupholstering and the making of draperies, slipcovers and other similar articles, but not including furniture making or cabinet making establishments. The term shall not include any establishment involving the use of more than three (3) vehicles other than passenger cars.

Research and development means a business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Residential cluster development means a zoning option for residential land use that allows a property owner or developer to group dwellings on smaller lots in one area of a site while preserving remaining land for recreation, common open space, or protection of environmentally sensitive areas.

Restaurant means any eating establishment, coffee shop, cafeteria, short order cafe, lunchroom, luncheonette, hotel dining room, dinner theater, tavern, soda fountain, or other establishment maintained and operated where there is furnished, for compensation, food or drink of any kind for consumption primarily therein. The term shall not include a fast food restaurant or a snack bar or refreshment stand at a public or nonprofit recreational facility, operated solely by the agency or group operating the recreational facility for the convenience of patrons of the facility.

Restaurant, fast food means any establishment that provides as a principal use wrapped or packaged food and drink, which is ready for consumption in cars, at seating within the premises, or off the premises.

Retail sales establishment means any building wherein the primary occupation is the sale of merchandise in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. The term shall not include automobile-oriented uses, quick-service food stores, or vehicle sale, rental or ancillary service establishments.

Retaining wall means a structure constructed to hold back or support an earthen bank.

Screening means material, consisting of wood, metal, masonry, vegetation or other approved substances, constructed or planted to be sufficiently high and dense so as to effectively obscure certain permitted uses from the view of adjacent properties and/or public rights-of-way.

Self storage facility means a building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.). Also called mini-warehouse.

Setback means the minimum distance which a building or building line must maintain from a property or street line in order to conform to yard dimension or other property or street line distance requirements.

Service station means a building or lot where gasoline, diesel and/or other fuels, oil, grease, and accessories are supplied and dispensed to the motor vehicle trade by an attendant and where battery charging, tire repair, and minor mechanical services may be rendered provided that no special area is set aside for the rendering of mechanical services. This definition may be construed to include self-service pumps in conjunction with attendant service pumps but shall not be construed to include tire recapping or the provision of services normally conducted in a repair garage or body shop, or the sale of used vehicles.

Shopping center means a group of three (3) or more of commercial establishments, planned, owned and managed as a unit providing on-site parking in definite relationship to the types and sizes of stores therein.

Short-term rental means the provision of a room or space located within a residential dwelling that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy. Subject to the requirements of section III.N. of this ordinance, short-term rental of residential dwelling units shall be permitted as a by-right use in any residential or mixed-use zoning district in the city.

Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or a product which is visible from any public way and used as outdoor display. The definition does not include window "statics," "clings" or "stickers."

Sign area means the area of a sign computed as the smallest square, rectangle, triangle, circle or combination thereof encompassing the entire advertising copy area, excluding illuminating devices and structural supports.

Single ownership. Whenever the phrase "in single ownership" is used it shall be construed to include joint tenancies in common or other estates in which two (2) or more persons hold undivided interests in a single piece of property.

Specified anatomical areas means:

a.

Less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Stockyard or slaughterhouse means a site where livestock is stored and butchered for food.

Stormwater management (SWM) means any effort of planning, maintenance, or regulation of facilities which collect, store, treat, and convey water that accumulates in a natural or constructed storage or stormwater systems during or immediately following precipitation.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it; provided that in no case shall a story be more than twelve (12) feet high. In computing the height of buildings, the height of basement or cellar, if below grade, shall not be included.

Street means for the purpose of this ordinance, a street shall be construed to mean a public right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley or private street.

Street, private means an accessway which is not owned or maintained by the public but which affords the principal access to abutting properties.

Structure means anything construed or erected, the use of which requires location on the land, or attachment to something having permanent location on the land.

Subdivision means the division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership or building development or, if a new street is involved in such division, any division of a parcel of land. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Townhouse. See dwelling, attached.

Truck terminal or shipping center means a use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

Utility means infrastructure and necessary accessory elements and structures providing community water, sewer, electric, and other services, including water towers, waste treatment plants, potable water treatment plants, solid waste facilities, electrical substations, water and sewage pump stations, storm water retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.

Vocational or trade school means a facility primarily teaching a useable skill that prepares a person for a job in a trade and meeting any licensing requirements of the commonwealth, including barber, cosmetology, mechanical, plumbing, electrical, carpentry, and auto-mechanic trades.

Wall sign shall include all signs or lettering projecting not more than twelve (12) inches which are placed against or attached to the front, rear or side wall of a building, but shall not include professional nameplates.

Warehouse means a use engaged in distribution or storage of manufactured products, supplies, and equipment.

Wholesale trade and sales means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor's materials or office or retail sales of business supplies/office equipment.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as may be otherwise provided herein. The measurement of a yard shall be termed its depth.

Front yard means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building of any projection thereof, other than steps.

Rear yard means a yard extending across the rear of a lot between side lot lines and being the minimum horizontal distance between the rear lot lines and the rear of the main building or any projection other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Side yard means a yard between the building and the side line of the lot and extending from the front yard line to the rear yard line and being the minimum horizontal distance between a side line and the side of the main building or any projections thereof other than steps.

Yard or garage sale means a sale conducted by an occupant of a residence alone or in cooperation with neighbors conducted for the purpose of selling surplus household items for profit or for charitable purposes. Such sales are usually conducted from a garage associated with the residence or from the yard of the residence. Garage or yard sales may be limited in the number of days of sale.

Zoning administrator means the member of city staff responsible for the administration, interpretation and enforcement of the zoning ordinance, in accordance with the rules, procedures, and requirements of this ordinance.

Zoning ordinance means the official zoning ordinance (or "ordinance" as referred to herein) of the City of Martinsville, Virginia.

(Ord. No. 2018-Z-1, 5-22-2018; Ord. No. 2018-Z-2, 5-22-2018; Ord. No. 2019-Z-1, 1-22-2019)