§ 94-16 DESCRIPTION OF DISTRICTS.
   (A)   FP - Floodplain Overlay District.
      (1)   General. This is an overlay district and is designated to be located in all areas that are defined as being within the floodplain and identified in the city’s Ordinance For Flood Hazard Areas (Ord. 96-1381; see Appendix C), and all amendments thereto, as floodplain. In general, these lands are in an Agricultural District (AG) and will consist of land adjacent to streams or other natural drainage channels or areas that are low lying, difficult to drain, and subject to flood. Any ground shown as a floodplain fringe (those areas outside the floodway) in the Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps (FIRM), as defined in the Flood Hazard Ordinance, and all amendments thereto, which is filled to a level two feet above the 100-year flood elevation (base flood elevation (BFE)) with a structural compacted fill in accordance with FEMA requirements shall no longer be considered in the floodplain overlay district, provided the owner of the property requests the Plan Commission to remove the overlay designation. Procedure for removal shall be the same as filing for a petition for zoning change. A Letter of Map Revision by Fill (LOMR-F) that has been approved by FEMA must accompany the zoning change application.
      (2)   Representative principal uses. Agriculture, including customary agricultural buildings and structures, but not including permanent dwellings, nurseries, structures and greenhouses. Ord. 96-1381, see Appendix C and revision, shall control construction or improvement of buildings.
      (3)   Special exception uses. Recreational uses that do not require permanent structures such as baseball or football fields, parks, riding stables, fishing lakes, boat docks. Also, gravel pits, mines and stone quarries; provided that, all other ordinances are met and necessary state and federal permits are obtained.
   (B)   AG - Agricultural District.
      (1)   General. This district is designed to recognize the existence of agriculture as the dominant land use, with ancillary residential use.
      (2)   Representative uses. Agriculture and agricultural buildings; provided that, livestock shall not be held in a confined feeding operation, as defined in § 94-5 of this chapter, within 1,320 feet of any lot in an area zoned R1 Residential, R2 Residential or R3 Residential as defined in this chapter. Public parks, playgrounds, orchards, nurseries and greenhouse operations shall also be allowed in this district. Residential uses that comply with § 94.33 of this chapter and the AG District of Tables 2a through 2c of said section.
      (3)   Right to farm. Nothing in this chapter shall require existing farming operations, as of the effective date of this chapter, to alter, change or relocate their operations to comply with the setback or outside storage provisions established herein. Confined feeding shall not be permitted, except as provided in subsection (B)(1) above.
      (4)   Special exceptions. The following uses shall be allowed by special exception: campgrounds, residential country clubs, gravel and mining operations (so long as all other ordinances, state and local) and standards are met, churches, schools, cemeteries, airports, swimming clubs, stables and similar recreational uses.
      (5)   Restrictions. Livestock confinement operations and stockyards as defined in this chapter.
   (C)   OS - Open Space.
      (1)   General. This district is designed to recognize the need for parks, recreation areas, nature areas, for the purpose of buffering zoning districts for recreation and aesthetic purposes.
      (2)   Representative uses. Parks, planting strips of trees and flowers.
      (3)   Special exceptions. None.
      (4)   Restrictions. None.
   (D)   Rural Residential Districts.
      (1)   RR(a), RR(b) and RR(c), Rural Residential (RR) District defined.
         (a)   This district is generally a transitional district between urban residential areas and traditional agricultural districts. Typically, this district is used for land where difficult terrain or other topographical features make small lot, high density, residential developments impractical. This district may also be characterized by land that is less suitable for row crop cultivation and may be partially or fully timbered. Generally, these districts are located in areas where sanitary sewers are not available and, therefore, lots must be larger to accommodate on site waste disposal systems.
         (b)   Primary use for land in these districts is for single-family residential consisting of one detached dwelling per lot. Other uses by right in these districts are: crop cultivation; keeping a limited number of livestock in a manner that is in keeping with good animal husbandry practice (see Animal Unit Equivalents (AUE) table); timber harvesting and tree farm.
      (2)   Rural Residential Single-Family sub-districts shall be defined.
         (a)   RR(a) is to be defined as, single-family, rural residential estates having a minimum lot area of ten acres. Livestock may be kept with restrictions on the number of animals.
         (b)   RR(b) is to be defined as, single-family, rural residential estates having a minimum lot area of five acres. Livestock, except swine, may be kept with restrictions on the number and type of animals.
         (c)   RR(c) is to be defined as, single-family, rural residential estates having a minimum lot area of one acre if sanitary sewers are available and two acres if on site waste disposal system is required. Livestock, except swine, may be kept with restrictions on the number and type of animal.
      (3)   Representative uses. Single-family residential, consisting of one-family, detached dwellings. Limited farming operations, including keeping of livestock are permitted.
      (4)   Special exceptions. Large animal veterinarian; commercial track farm; commercial greenhouse; public park or public recreation area; day care and group home. A special exception is also required for any use related to religious activities.
      (5)   Restrictions and development standards. See § 94-33(A) through (P), Table 2a and Table AUE.
   (E)   Residential Districts, R1, R2 and R3.
      (1)   R1 - Residential Single-Family.
         (a)   General. This is a single-family dwelling district that shall include areas that should be residential in character. The classifications within the R1 Zoning District shall vary in minimum lot size and ground floor area of structure based upon density and compatibility with the area and the master plan for the city.
         (b)   Definitions. Residential single-family classifications shall be defined as follows.
            1.   R1(a) is to be defined as low density single-family residential.
            2.   R1(b) to be defined as medium low-density single-family residential.
            3.   R1(c) to be defined as medium high-density single-family residential.
            4.   R1(d) to be defined as high-density single-family residential.
         (c)   Representative uses. Single-family residential, consisting of one-family, detached dwellings. Other uses would include public parks, playgrounds and related non-commercial recreational areas.
         (d)   Special exceptions. Church, synagogue, temple without school and see Table 1.
         (e)   Restrictions and development standards. See § 94-33(A) through (P), Table 1, Table 2a and Parking Table 3a.
      (2)   R2 - Residential.
         (a)   General. This district is designated to recognize two-family residential units in those areas that should be residential in character. This area shall be more densely developed than the R1 Districts, but not as densely developed as the R3 Districts.
         (b)   Definition. R2 shall be defined as an area for two-family dwelling units.
         (c)   Representative uses. Two-family dwelling units, parks and playgrounds.
         (d)   Special exceptions. R1 uses are permitted which meet the minimum development standards as shown in Table 2a: church; synagogue; temple without school. See Table 1.
         (e)   Restrictions and development standards. Height regulations, lot area, frontages and setbacks. See § 94-33(A) through (P) of this chapter, Table 1, Table 2a and Parking Table 3a.
      (3)   R3 - Residential.
         (a)   General. This district designates the most densely developed multi-family residential units. It includes multi-family uses, consisting of three or more units with minimum lot size based on the number of dwelling units in a building. The requirements as to minimum size of lots and ground floor area of buildings are less than those specified for the other residential uses.
         (b)   Representative uses. Multi-family residential uses consisting of units of three dwellings per unit or greater, parks and playgrounds and other similar recreational uses.
         (c)   Special exceptions. See use listings in Table 1.
         (d)   Restrictions and development standards. See § 94-33(A) through (P) of this chapter, Table 1, Table 2a and Parking Table 3a.
   (F)   Business Districts B1, B2, B3 and B4. The four business district classifications are established to provide adequate areas for the variety of business and commercial land uses that will be needed to serve present and future residents of the jurisdictional area.
      (1)   B1 - Professional Business District.
         (a)   General. This district is located in areas where professional offices should be maintained without opening the area to higher business uses that would not be compatible with adjacent land uses.
         (b)   Representative uses. Attorneys’ offices, dentists’ offices, counseling offices, insurance offices, optometrists and psychiatrists.
         (c)   Special exceptions. See use listings, Table 1.
         (d)   Restrictions.
            1.   Hours of operation open to clients and public from 8:00 a.m. to 8:00 p.m.
            2.   See § 94-37 of this chapter for sign restrictions and provisions.
         (e)   Development standards. Height regulations, lot area, frontage, setbacks, yard requirements, parking and loading. (See § 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)
      (2)   B2 - Local Business.
         (a)   General. This district is designed and located in areas adjacent to residential neighborhoods to accommodate the primary needs of that locality. This district should place convenience and necessity facilities close to consumers in limited areas.
         (b)   Representative uses. Retail business establishments such as appliance stores, auto accessory stores, bakeries, small grocery store and convenience market, book or stationery store, café or restaurant, camera or photographic supply, laundromats, laundry, candy or ice cream store, delicatessen, offices, drugstore, fabric shop, floor covering store, florist shop, gift shop, haberdashery or women’s ready-to-wear shop, hardware or paint store, hobby shop, jewelry store, meat market, shoe store, variety store, bank branch, funeral home, barber shop, beauty shop, church and schools.
         (c)   Special exception. See use listings, Table 1.
         (d)   Restrictions. Total primary building floor area shall not exceed 9,000 square feet. Outside storage must be screened from public view with approved permanent screening. Pods, trailers and other similar enclosures, used for storage for more than ten consecutive calendar days, are prohibited. Merchant can display retail items not manufactured on site, not including inventory, on the outside. See § 94-37 of this chapter for sign restrictions and provisions.
         (e)   Development standards. Height regulations, lot area, frontage, setbacks, yard requirements, parking and loading. (See § 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)
      (3)   B3 - General Business District.
         (a)   General. This district is designed to include areas suitable for most other types of business and higher volume retail sales uses not included in the B1 or B2 Business Districts.
         (b)   Representative uses. Wholesale businesses, motels, hotels, drive-in eating establishments, shopping centers, shopping malls, strip business centers, taverns, restaurants, gasoline stations, golf driving range, skating rink, bowling alley, nightclub and similar enterprises, carpenter shop, electrical or heating shop, dry cleaning shop, sign painting shop, church, mini warehouses.
         (c)   Special exceptions. The following uses shall be by special exception only: the automobile repair, tire stores, truck repair, trailer repair, trailer sales, farm implements sales, automobile sales and body shops. Also, see use listings in Table 1.
         (d)   Restrictions. See § 94-37 of this chapter for sign restrictions and provisions. Outside display allowed for retail sales items not manufactured on site and not inventoried outside. Outside storage allowed but must be screened from public view with approved permanent screening. Pods, trailers and other similar enclosures, used for storage for more than ten consecutive calendar days, are prohibited.
         (e)   Development standards. Height regulations, yard requirements, lot area, frontages and setbacks, parking and loading. (See § 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)
      (4)   B4 - Heavy Business.
         (a)   General. This district is designed to include areas that have heavy outdoor display of vehicles or equipment for retail sales, heavy vehicle repair and facilities that require large buildings for recreational use or large outdoors recreational facilities.
         (b)   Representative uses. Automobile repair; tire stores with service centers, truck repair, trailer repair, trailer sales, farm implement repair and dealers, automobile sales and service body shops, lumberyards, kennel and large indoor and outdoor commercial recreational facilities. Also, see use listings in Table 1.
         (c)   Special exceptions. See Table 1.
         (d)   Restrictions. See § 94-37 of this chapter for sign restrictions and provisions.
         (e)   Development standards. Height regulations, yard requirements, lot area, frontages and setbacks, parking and loading. (See § 94-33(A) through (Q) of this chapter, Table 2b and Parking Table 3b.)
   (G)   Industrial Districts, I1, I2, I3 and I4.
      (1)   I1 - Light Industrial.
         (a)   General. This district is designed and located in areas most suitable for light industrial uses because of their location near necessary infrastructure and buffering from residential land uses. This district shall consist of various types of storage, manufacturing and fabricating done in an enclosed facility. This shall consist of uses such as block plants, lumber companies. The above types of uses shall be allowed unless the business utilizes techniques that are more consistent with the definitions set out in I2, Medium Industrial District, or any other industrial district.
         (b)   Special exceptions. See use listings, Table 1.
         (c)   Restrictions. All outside storage must be screened. The business hours of any light industrial use shall be no greater than 6:00 a.m. through 12:00 midnight. The business should not use hazardous materials: create any type of noise, air, or water pollution, based upon state standards, conducted within 50 feet of a residential property line. The sign requirements for I1 shall be the same as set out for B3.
         (d)   Development standards. Building Height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See § 94-33(A) through (Q) of this chapter, Table 2b and 2c and Table 3b and § 94-35 of this chapter.)
      (2)   I2 - Medium Industrial.
         (a)   General. This district is designed and located in areas that generate a high volume of traffic, need 24-hours of operation and which, because of their nature, require additional buffering from residential uses.
         (b)   Permitted uses. All uses that fit within the above definition.
         (c)   Special exceptions. See use listings, Table 1.
         (d)   Restrictions. All outside storage must be fenced. Any business that stores, creates or uses any types of hazardous materials requiring evacuation in the event of an accident (as set by State Hazards Waste Standards of the state’s Department of Environmental Management).
         (e)   Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and §§ 94-33(A) through (Q) and 94-35 of this chapter.)
      (3)   I3 - Heavy Industrial.
         (a)   General. This district is designed for industrial uses that are not confined to a building but use hazardous materials that create water pollution, noise pollution or air pollution, which require on-site treatment, that need unlimited outside storage and unlimited hours of operation. This zone should be located where significant buffering from non-industrial land uses can be provided to protect the health, safety and values of neighboring properties.
         (b)   Proposed uses. All uses which fit within the above definition.
         (c)   Special exceptions. See use listings, Table 1.
         (d)   Restrictions. Minimum lot size of five acres. All the uses under subsections (G)(3)(a) through (G)(3)(c) above shall have a minimum fence of five feet (monitored gates not required) surrounding the actual use. All outside storage shall be fenced and secured separately, and any business that stores, creates or uses any types of hazardous materials requiring evacuation in the event of an accident (as set by State Hazards Waste Standards) shall be fenced and secured.
         (e)   Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and §§ 94-33(A) through (Q) and 94-35 of this chapter.)
      (4)   I4 - Special Industrial.
         (a)   General. This district is to be used for hazardous industrial uses that should be located in areas where extensive buffering and special access can be provided and would be required to protect, not only immediately adjacent land uses, but also the community in general.
         (b)   Representative uses. All uses that would fall under the above definition. For example, laboratories that use gene-splicing techniques, industries using or manufacturing nuclear materials, excepting limited uses by medical facilities.
         (c)   Special exceptions. See use listings, Table 1.
         (d)   Restrictions. No use to be conducted within 1,000 feet from any area zoned floodplain, agricultural, residential or business use. The use areas must be secured by fence no less than six feet in height and surrounding the entire use area with monitored gates at all access points. All outside storage shall be fenced. All state standards shall be met regarding air, water, noise and other waste pollution.
         (e)   Development standards. Building height regulations, lot area, frontage, setbacks, yard requirements, loading and area per building. (See Table 2b and 2c, Table 3b and §§ 94-33(A) through (Q) and 94-35 of this chapter.)
   (H)   I-69 Corridor Overlay
      (1)   Purpose and intent. The purpose of this overlay for the I-69 corridor is to:
         (a)   Preserve and enhance the aesthetic qualities of the I-69 corridor by regulating building placement and orientation, building architecture, landscaping, and transitions between the corridor and adjacent users;
         (b)   Provide for the future development/redevelopment of the corridor as contemplated in Martinsville's Comprehensive Plan; and
         (c)   Conserve the natural areas of the corridor as identified in both the Martinsville and the Morgan County Comprehensive Plans.
      (2)   Applicability. The overlay shall have the following property boundaries in width as measured at 1,000 feet from the centerline of I-69 and within these limits the overlay shall apply to all land, buildings, structures and uses located within the corporate limits and extraterritorial jurisdiction of the City of Martinsville:
         (a)   The north boundary shall begin at the north end of the City of Martinsville's buffer zone north of State Road 44 interchange with I-69.
         (b)   The south boundary shall be Liberty Church Road at the interchange with I-69.
         (c)   If any lot, building, structure, or improvement is only partially located within the overlay district, then the provisions of this overlay apply to all of the lot, building, structure, or improvement, unless otherwise waived by the Administrator.
      (3)   Conflict. To the extent the provisions of this overlay conflict with the provisions established elsewhere in the Zoning Ordinance, then the provisions of this I-69 Overlay supersede and apply. Unless superseded by this overlay, the development and design standards of the underlying Zoning District apply.
      (4)   Exceptions. This overlay applies to any development within the I-69 Corridor Overlay, except:
         (a)   Single-family residential detached dwellings on lots less than one-half acre in area,
         (b)   Platted residential subdivisions,
         (c)   New residential uses, and
         (d)   Non-residential uses not visible from the I-69 corridor and surrounded by an excluded residential use.
      (5)   Administrative waiver for existing developments. The Administrator is authorized to determine whether the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this overlay. The following factors must be taken into consideration:
         (a)   The extent and location of the proposed improvements (e.g. buildings, parking, landscaping, drainage) on the parcel.
         (b)   The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.
(Ord. 2001-1478, passed 11-19-2001; Ord. 2020-0016, passed 11-9-2020)