Conditional Use Permits

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Application for a Conditional Use Permit (CUP) shall be made before construction of any uses not listed as permitted uses within the appropriate zoning district (reference Appendix C of the current Zoning Ordinance). Upon receipt of an application, the site will be evaluated by the Departments of Planning and Zoning staff using the Development Review System (DRS) as outlined in Article 6 of the current Jefferson County Zoning and Land Development Ordinance. The purpose of DRS is to assess a particular site's development potential based on criteria which determine the agricultural longevity of the parcel in combination with the presence of and compatibility with public services adjacent to an in close proximity to the site.

Click Here to complete a C.U.P. Application

Important note: DRAFT resolved and unresolved issues from the Compatibility Assessment Meeting (if any) are located at the end of the application.

The File Number column is clickable and will redirect you to the CUP Application.


File Number   Project Name & Location  Parcel Information   Brief Description  Status 
Alisha's Child Care

130 Maple Avenue
Harpers Ferry, WV 25425

Zoning District:
Village (V)

Tax District:
Harpers Ferry (04)
Tax Map: 3A; Parcel: 12

In-Home Daycare facility serving up to 12 children. The site will utilize existing driveway and parking and will consist of a 2' x 4' freestanding sign.
BZA Public Hearing 05-25-17
 CP17-02  Antique Shop and Information Center

7279 Queen Street
Kearneysville, WV 25430
 Zoning District:
Village (V)

Tax District:
Middleway (07)
Tax Map: 22A; Parcel 33
 Renovation and restoration of a historic structure to allow both an antique shop and information center. Existing parking and signage (not to exceed 18 sq ft) also proposed.

Applicant also seeking a variance from Section 4.10A to waive requirement of a site plan.
BZA Public Hearing 05-25-17
 CUP17-01  Popeye's Drive-Through Restaurant

805 E Washington St,
Charles Town, WV 25414
Zoning District: RLIC
(Residential-Light Industrial-Commercial)

Tax District:
Charles Town (02)
Tax Map: 15; Parcel: 19.1
 Demolish existing site. Replace with a 3,400 square foot, 60-seat, drive through restaurant (Popeye's) with associated parking and signage.
BZA Approved
 CP15-02  Whistling Wind Farm 
Bed & Breakfast

290 Falling Springs Rd.
Shepherdstown, WV 25443
Zoning District:
Residential Growth

Tax District: Shepherdstown (09)
Tax Map: 13
Parcel: 29.41
 Existing 6 bedroom house would be converted into a 3 unit B&B. No earth movement or modification to the property. CUP Issued:

 CP15-01  Shenandoah Air Conditioning & Heating, Inc. / Animated Sign

351 Edmond Road
Kearneysville, WV 25430
Zoning District:

Tax District:
Charles Town
Tax Map: 1
Parcel: 79
Replace existing free standing business sign with a freestanding  animated sign. 
Acting Zoning Administrator determined that a CUP was not the appropriate course of action for proposed project.


Dollar General Store /
Cross Development, LLC

 Zoning District: Rural

Tax District: Middleway
Tax Map: 19
Parcels: 16.6 & 16.7
 Dollar General Retail Store, 9100 sq. ft. with
40 parking spaces
 Compatibility Assessment Meeting:
CP14-01  Middleway Market
and Pizza

4843 Middleway Pike
Kearneysville, WV 25430
 Zoning District: Rural

Tax District: Middleway
Tax Map: 19A
Parcel: 14
 A convenience store with deli service/restaurant.
 CUP Issued:

CP13-01  Sustainable Solutions

4419 Kearneysville Pike
Shepherdstown, WV 25443
 Zoning District: Residential Growth (RG)

Tax District: Shepherdstown
Tax Map: 8
Parcel: 9.3
A natural resource management company that helps private landowners, state and federal agencies, and non-profits manage their land for ecological, economic, and social returns.
Compatibility Assessment Meeting: