E. - Additional regulations.

1.

Any use, establishment or activity which in the opinion of the city council would be injurious, offensive, or noxious by reason of odor, fumes, dust, smoke, vibration, glare, noise or other cause which may be deemed as hazardous to the health, welfare and safety of the public shall be prohibited.

2.

An environmental impact statement may be required for any permitted or special permit use. All uses shall conform to federal, state and city environmental regulations and performance standards and design criteria as related to:

a.

Air pollution.

b.

Fire and explosion hazards.

c.

Radiation hazards.

d.

Electromagnetic radiation and interference hazards.

e.

Liquid, gas and solid wastes hazards.

f.

Noise standards.

g.

Vibration standards.

h.

Illumination and glare.

i.

Water quality.

3.

In the evaluation of design and construction standards for any permitted or special permit use in the ED-I District, the city council, at its sole discretion, may impose other conditions and additional restrictions to that use for the purposes of ensuring the mitigation of impacts and promulgating the health, safety and general welfare of the citizens of Martinsville.

4.

All uses shall be subject to site plan approval.

5.

All refuse stored on-site shall be contained in completely enclosed and screened facilities.

6.

On a corner lot, no curb cut shall be located closer than sixty (60) feet to the nearest curb line extended from the intersecting public street.

7.

No curb cut shall be located closer than twenty (20) feet to a side or rear lot line, unless a common curb cut serves adjacent uses, and in no instance shall the distance between separate curb cuts serving adjacent uses be less than sixty (60) feet.

8.

A freestanding use shall have no more than two (2) curb cuts on any single right-of-way, and such curb cuts shall have a minimum distance of one hundred (100) feet between them.

9.

Outdoor storage shall be screened. The location and use of outdoor storage, loading and display areas shall be limited to the designated area(s) on the approved site plan.

10.

Where a lot is contiguous to property located in an R- district, a landscaped buffer yard shall be provided, with landscape materials and placement subject to site plan approval. Fencing may be required in such cases with fence material and heights subject to site plan approval.

11.

Adult entertainment establishments may be permitted only by special use permit. Such establishments shall be deemed to include the following:

a.

Adult bookstores;

b.

Adult motion picture or video theaters;

c.

Adult cabarets;

d.

Drug paraphernalia stores; and

e.

Establishments for palm readers and mystics.

The following additional regulations shall apply to adult entertainment establishments:

a.

No adult entertainment establishment shall be located within:

1.

One mile of any other adult entertainment establishment.

2.

One mile of any residential district.

3.

One mile of any church or place of worship.

4.

One mile of any religious apparel or book store.

5.

One mile of any school or education facility, including playgrounds.

6.

One mile of any public playground, park, swimming pool or library.

Distance between uses shall be measured from the nearest property line of any adult entertainment establishment and the nearest property line of any use cited in the paragraph hereinabove.

b.

In addition to the sign regulations of this ordinance, sign messages for an adult entertainment establishment shall be limited to a written description of material or services available on the premises and shall not provide any graphic or pictorial depiction of the material or services available on the premises.

c.

Signage and messages which are visible or intended to be visible from outside the property (such as those appearing on or within doors or windows) shall not display materials, items, publications, pictures, films or printed material available on the premises; or pictures, films or live presentation of persons performing or services offered on the premises.

d.

Should any adult entertainment establishment listed above cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with all the requirements set forth hereinabove.

e.

Must meet and provide the city with documentation as having met all legal requirements imposed by state and federal law.

12.

All site development activities shall comply with the state stormwater management regulations in effect at the time of site plan application. The applicant shall be responsible for obtaining and providing the city will all requisite state and federal permits.

13.

Refer to any applicable city-adopted design and construction standards for public infrastructure, transportation, stormwater management, low impact development, and other site improvements requirements.

14.

Additional requirements for pawn shops:

a.

Establishment must maintain and file a daily report, as specified by the Code of Virginia § 54.1-4009, electronically with local law enforcement.

b.

All of the items collected must be contained within the confines of the actual pawnshop.

c.

An approved anti-crime security system must be installed to safeguard the premises.

d.

Establishment shall not be located within one thousand (1,000) feet of a similar establishment.

e.

Establishment must be located at least one thousand (1,000) feet from churches, schools, playgrounds.

f.

Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.