The purpose of zoning is to guide and control building and land uses. The intent of zoning regulations is to allow property owners reasonable use of their property as long as it is not incompatible or detrimental to abutting properties. Zoning is an implementation tool of the City's Comprehensive Plan, which is a general document that guides future development of the locality. The Comprehensive Plan is general in nature and is not static as it is required to be updated every ten (10) years.

Implementation of the City's Comprehensive Plan is accomplished through the Martinsburg Zoning Ordinance and the zoning maps. Every property in the City is mapped and located within a specific zoning classification, which determines how the property can be used and developed. Each zoning district classification incorporates regulations that also govern the density and physical layout of uses within the district.

The Planning Staff reviews applications and other requests to verify that the use and other features of the property are met. Specific uses fall into the following broad categories: Residential, Commercial or Medical/Institutional.

Planning Department Staff reviews are required for the following applications:

• All Zoning Confirmation Letter requests
• All Home Occupation applications
• All Certificate of Occupancy applications
• All Use and Occupancy applications
• All Sign Permit applications

Any application involving a Demolition Permit or for any exterior work on buildings located within the Downtown Historic Overlay District and requiring a Certificate of Appropriateness from the Historic Preservation Review Commission (HPRC). This includes roofing, exterior repairs, window replacement, siding, wall or fencing work and painting (color revisions).

Building Permits for all residential and commercial construction and renovation (interior and exterior) including:

• Electrical Permits including, but not limited to, panel upgrades and new service
• Plumbing Permits
• Mechanical Permits
• Grading Permits

A Building Permit is a document that permits construction or any change to the use of any property, as determined by the Building Code, including additions and alterations and certain accessory buildings or structures (i.e.: garages, decks, walls, fences, swimming pools, signs, etc.). A building permit application must indicate the existing and proposed improvements to take place on the property. New buildings or additions must also include a survey or site plan (plan of the property showing the location of all improvements in relation to the property lines).

State law requires an asbestos inspection prior to any demolition or renovation project. Depending on the findings of the inspection abatement may be necessary before demolition or of any asbestos containing material that will be disturbed during renovation.

Once reviewed, permits (if determined to comply with code requirements) are approved to authorize the requested work. After approval, and once the work progresses, it is necessary to request periodic inspections of the work in order to receive approval of the various phases and components of the construction. Inspections may be requested by phoning the Planning Department at (304) 264-2131 Ext. 266 by 3pm the day prior to the requested date of inspection.

Fences and walls are governed by Section 5.05 of the Martinsburg Zoning Ordinance which states, in part: 

1. General Requirements: 

a. A fence permit shall be obtained for the erection of fences less than seven feet in height. A building permit shall be obtained for fences greater than seven feet in height and retaining walls greater than or equal to four feet in height. Normal maintenance of fences and walls or replacement of like materials shall be excluded from the permit process. 

b. No fence or wall shall obstruct the flow of stormwater, except as part of a City-approved stormwater system. 

c. Fences or walls shall not be permitted within any right of way, drainage or stormwater management easement, clear view triangle area, within the site visibility area adjacent to railroads, or below the 100-year flood plain of any lake, river, or wetland. 

d. Fences and walls shall be exempt from building lines and yard requirements except that they may not adversely affect the safety of vehicular or pedestrian traffic, shall not extend beyond the front face or porch in cul-de-sac lots, pipestem lots or lots located on a dead end street. 

e. To avoid creating any possible no-maintenance zone, perimeter fences and walls shall be installed along and up to a property line, but within property limits, except when a fence is shared by adjoining properties, it shall be installed on the property line. 

 f. Fences and freestanding walls in Residential and Mixed-use Districts shall not exceed seven feet in height for rear yard applications and shall not exceed 48 inches in height for front yard applications. Front yards shall be measured from the principal face of a dwelling. 

2. Maintenance and Materials

a. Any fence of wall shall be durably constructed and well-maintained. Privacy fences shall be constructed so that the finished side of the fence faces toward abutting walls and rights of way, unless the fence is not visible from the adjoining property. Fences and walls that have deteriorated shall be replaced or removed. 

b. A fence shall not be constructed of fabric, junk, junk vehicles, appliances, tanks or barrels. 

c. Electric fences, except for in-ground pet fencing, are prohibited. 

d. Barbed wire fences are prohibited, except where the need is clearly demonstrated, for civic and institutional use applications. 

e. Razor fences are prohibited. 

Fences and walls on properties located within the Downtown Historic Overlay District also require Historic Preservation Review Commission (HPRC) approval. 

It is also recommended that prior to erecting a fence, you should obtain a survey to ensure the location of the property line(s), any easement(s) and/or underground utilities. 

Accessory buildings (garages, tool and storage sheds, etc.), including prefabricated buildings, typically must be set a minimum distance of five feet (5’) from a property line or from any other structure in residential districts, but is determined by Transect Article 3. On commercially and medical/institutionally zoned parcels, this minimum distance, known as a yard or setback, varies and is specified in the Zoning Ordinance. All accessory structures require a building permit and all professional (compensated) installers and contractors are required to have a valid State of WV Business License and a City of Martinsburg Business License. If the total cost of the accessory structure exceeds $5,000 the professional installer/contractor may also be required to hold a valid WV Contractor’s license. Contact the Planning Department for a building permit and all regulations pertaining to installing your new accessory structure.

Important: When replacing an existing accessory structure, contact the Planning Department PRIOR to demolition. When replacing non-conforming (“grandfathered”) structures (structures possibly already located in required setbacks or those that already exceed maximum size allowance), proof of the existing footprint may be required if you are planning on rebuilding in the same location or at that previous size.

Some properties have easements on them that allow the use of the area for specific purposes. These generally include easements for utilities (gas, water or sewer), telephone, cable and power. Since there may be gas pipes or power cables under the surface that could severely injure someone, it is very important not to dig in these areas without contacting Miss Utility prior to any construction or digging. Generally, if you build in an easement, the company or entity that has an interest or ownership in the easement, can remove any improvement (shed, fence, etc.) or vegetation (trees, shrubs, flowers, etc.) without your permission or notification. Typically, an easement is shown on the survey or plat of the property.

Surveys of properties, if they exist, are typically recorded with the deed to your property. Deeds are not recorded at City Hall; this is a Berkeley County function and records are kept by the County Clerk’s Office located at 100 W. King Street in downtown Martinsburg (the intersection of King and Queen Streets). Their office hours are Monday through Friday, 9am to 5pm and staff can be reached at (304) 264-1929.

Planning Department staff, during the zoning review process, will contact you if they discover non-compliance with zoning requirements. During these discussions, they will offer you alternatives and suggestions on how the project may be amended to meet code regulations without having to obtain special approval(s). However, in certain instances, your project may require additional or special approval(s) such as an Variance or Special Exception. In these instances, you will be advised as to whom to contact for your particular situation.

A Variance or a Special Exception is a waiver process whereby the Board of Zoning Appeals (BZA) can grant relief from zoning requirements on your property. Either approval process is subject to specific limitations regarding the granting of these waivers, which are the result of a unique or extraordinary situation such as topography, shape of the site or some other unusual factor(s). Variances typically waive yard (setback) requirements and a Special Exception typically allows waivers to other zoning requirements of the property. If it is determined that a Variance or a Special Exception is needed, Planning Department staff will assist you. Due to legal notice requirements, you ay need to submit an application package to the Planning Department often forty-five (45) days prior to the public hearing. Both processes require that you submit a completed application and fee, two (2) sets of a survey (or site plan), and design drawings (floor plans & elevations) showing the proposed project if required. Public hearings for the Board of Zoning Appeals are held the first Tuesday of each month at City Hall. The applicant or their legally designated representative MUST be present for the request to be heard and considered for approval. For information on the Variance and Special Exception process information, please contact the City Planner’s Office at (304) 264-2131 ext. 266

Martinsburg has a considerable number of properties that are historically significant and are located within the Historic Overlay District. These properties are subject to an additional approval process through the Historic Preservation Review Commission (HPRC). This Commission meets the first Monday of each month to consider requests for exterior renovation and changes to historic structures. To obtain a map of the City’s Historic Overlay District and information noting the property owner’s responsibilities, contact the City Planner’s Office at (304-264-2131) ext. 266.

Improper storage and accumulation of garbage and rubbish may attract rodents, animals or other vermin, produce noxious odors and create potential health hazards. Garbage should be placed in leak-proof and covered containers. The accumulation of rubbish such as ashes, paper, rags, cartons, boxes, wood, tree branches and yard trimmings, tin cans, metal, discarded appliances and other inoperable mechanical equipment is not permitted and should be disposed of properly. You may contact the Code Enforcement Officer at (304) 264-2131 Ext 266 or visit the Planning Department in person regarding accumulation of these items.

City Code can require owner to cut grass and weeds on property when it gets to a height of ten inches (10"). Bushes, shrubs, hedges and other similar vegetation shall not project into the street, alley or sidewalk. Each owner is responsible for his or her property. You may contact the Code Enforcement Officer at (304) 264-2131 Ext. 266 or visit Planning Department in person regarding vegetation violations.

You generally have the legal right to trim branches of a neighbor’s tree that hang over your property line. However, if you seriously damage the tree, you may be liable for the harm done. The City does not regulate or maintain trees on private property. It is suggested you contact an attorney experienced in real estate law regarding these issues prior to trimming or removing a neighbor’s tree.

Current zoning requirements limit occupancy of individual apartments or houses to no more than four (4) unrelated persons. See definition of "family" in Article of the Zoning Ordinance. 

A business operated within a house or apartment is known as a Home Occupation and is a permitted accessory use, subject to certain limitations. Generally speaking, certain businesses that do not generate customer or employee traffic, manufacture or store materials or require the use of commercial-sized vehicles are permitted. A list of approved Home Occupations can be found in Section 4.08.3--Home Occupation--of the Zoning Ordinance. Contact the City Planner’s office to discuss Home Occupations that are not specifically listed at (304) 264-2131 Ext. 266 or visit them in person at the Planning Department.

The Zoning Ordinance is available online or a printed copy may be purchased for twenty-five dollars ($25.00) from City Hall.

There is nothing that the City can do about this issue; this is a private matter between the individual parties and must be resolved in civil court. Fences and privacy walls (or certain other structures) that are on your property without your permission are a civil matter between the owners and the City typically cannot force their removal. Contact an attorney experienced in real estate or property law in matters regarding property line disputes. The property survey will typically show all improvements on the property, including fences, walls and building setbacks, that may also help assist in determining the location of your property line.

Some properties in some subdivisions are subject to covenants or deed restrictions that regulate the use of property beyond the limitations of the Zoning Ordinance. These deed restrictions and covenants are private agreements between property owners and are not enforced by the City.