Conditional Use Permits

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The below table lists the status for Conditional Use Permit applications which processed from 2013 to present.

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

 

File Number   Project Name & Location  Parcel Information   Brief Description  Status 

 24-3-CUP

WITHDRAWN

Viking Tree Service, LLC
Vacant Lot located northeast of
1227 River Road Shepherdstown, WV  

Zoning District:
Shepherdstown (09)
Tax Map: 10
Parcel: 7
Size: 6 acres 

 Request for a Conditional Use Permit to operate a tree service business (proposed land use designation as listed in Appendix C of the Zoning Ordinance: Contractor with Outdoor Storage). The proposal consists of constructing a 40' x 60' pole building on a 125' x 150' gravel pad to be used for employee parking and equipment storage, as well as maintenance of company vehicles and equipment. The business would employ up to 10 employees. No customers will come to the property. No signs are proposed.

 WITHDRAWN
by applicant on
02/13/2024

 24-2-CUP  Songbird House LLC
1163 Gardners Ln
Shepherdstown, WV 25443

 Zoning District:
Rural (R)
Tax District:
Shepherdstown (09)
Tax Map: 17
Parcel: 9.3
Size: 6.63 acres

 Request for a Conditional Use Permit to operate an assisted living facility from an existing dwelling unit (proposed land use designation as listed in Appendix C of the Zoning Ordinance: Nursing or Retirement Home). The facility will provide homecare for up to 32 residents with up to 12 caregivers/employees. All parking will occur on site. No signs are proposed. BZA Public Hearing:
February 22, 2024 @ 2:00 PM
 
 24-1-CUP  Double Tap Arms, LLC
374 Lookout Mountain Ct
Harpers Ferry, WV
Zoning District:
Residential Growth (RG)
Tax District:
Harpers Ferry (04)
Tax Map: 9D
 Parcel: 135
Size: .42 acres
Request for a Conditional Use Permit to operate a homebased federal firearms business from an existing dwelling unit (proposed land use designation as listed in Appendix C of the Zoning Ordinance: Retail Sales and Service, General). The applicant anticipates approximately 10-20 customers per month. The property owner is the only employee. No signs are proposed.  BZA Public Hearing:
February 22, 2024 @ 2:00 PM
 23-10-CUP  Songbird House
Assisted Living Residence
Attn: Sharon Hallinan, Manager
217 Deer Trail
Shepherdstown, WV
Zoning District:
Rural (R)
Tax District:
Shepherdstown (09)
Tax Map: 9
Parcel: 35
Size: 2.52 acres 
Request for a Conditional Use Permit to operate an Assisted Living Residence under the land use designation "Nursing or Retirement Home", as defined in Article 2 of the Zoning Ordinance. The proposal consists of providing residential homecare for up to 16 occupants. The application includes a 560 square foot expansion to the existing home to increase the living space. The facility will have up to four (4) caregivers/employees and will utilize an existing parking area. No signs are proposed.  BZA Approved:

December 14, 2023
 23-9-CUP  Earthworx General Contracting Services, LLC / Jeremy & Tiffany Martin
104 Winebrenner Rd
Shepherdstown, WV
Zoning District:
Rural (R)
Tax District:
 Shepherdstown (09)
Tax Map: 7
Parcel: 2.2
Size: 16.5 acres
 Request for a Conditional Use Permit to operate a Contractor with Outdoor Storage business, as defined by Article 2 of the Zoning Ordinance. The proposal consists of storing construction equipment on an outdoor gravel pad. No customers will come to the property. No new structures or signs are proposed. BZA Approved:
November 9, 2023
 23-8-CUP  Charles Town Car Storage / Tracy Dove
Vacant Lot, located south of 428 Flowing Springs Rd, Charles Town, WV
Zoning District:
Rural (R)
Tax District:
Charles Town (02)
Tax Map: 4D
Parcel: 11 
Size: 1 ac.
Request for a Conditional Use Permit to operate a Commercial Storage business for the purpose of storing up to 28 vehicles proposed to be stored within fenced cells within an existing 140' x 60' storage building. No RVs, dump trucks, or any other vehicle that cannot fit within a 10' x 20' area will be permitted.      BZA Approved:
October 26, 2023
23-7-CUP  BRNDL Custom Works, LLC / Ryan Uhrich
412 Revenoor Rd
Harpers Ferry, WV
25425
 
Zoning District:
Rural (R)
Tax District:
Kabletown (06)
Tax Map: 6K
Parcel: 26
Size: .52 ac 
Request for a Conditional Use Permit to operate a homebased federal firearms business, to include limited gunsmithing from an existing dwelling unit (proposed land use is listed in Appendix C: Custom Manufacturing). The business is primarily internet based. No employees other than the residents of the property. Business hours are by appointment only, with limited customer visits (approx. two per month). No signs proposed.  BZA Approved:
July 27, 2023
 
 23-6-CUP Tree Nexus 
Vacant Parcels
(no dwelling);
Lots 713 & 714 of the Riverside Subdivision
Marcum Lane
Harpers Ferry, WV
Zoning District:
Rural (R)
Tax District:
Kabletown (06)
Tax Map: 26
Parcels: 98 & 99
Size: 2.39 acres 
 Request for a Conditional Use Permit to operate a Contractor with Outdoor Storage, as defined in Article 2 of the Zoning Ordinance. The proposal consists of parking employee vehicles and storage of company vehicles and equipment related to a tree service business. Maximum of 3 employees. No customers will visit the property. No signs proposed.   WITHDRAWN
 23-5-CUP  Valley Storage Shepherdstown
1744 Shepherd Grade Rd
Shepherdstown, WV
25443

Zoning District:
Rural (R)
Tax District: Shepherdstown (09)
Tax Map: 3
Parcel: 20.1
Size: 10 acres 

 Request for a Conditional Use Permit to operate a Commercial Storage facility as defined in Article 2 of the Zoning Ordinance. The proposal includes expansion of an existing legal nonconforming self-storage facility, Valley Storage Shepherdstown. BZA Approved:
05-25-23 
 23-4-CUP
WITHDRAWN
       
 23-3-CUP Colonial Estate
350 Bakerton Rd
Harpers Ferry, WV
25425 
Zoning District:
Rural (R)
Tax District:
Harpers Ferry (04)
Tax Map: 7
Parcel: 6
Size: 13.4 acres 
 Request for a Conditional Use Permit to operate a Special Event Facility, as defined in Article 2 of the Zoning Ordinance. Proposal consists of hosting up to five events per year with a maximum capacity of 100 guests. The applicant is proposing a maximum of 30 grass parking spaces. No signs are proposed.  BZA Approved:
05-25-23 
 23-2-CUP
375 Dorland LLC
1195 Chestnut Hill, Harpers Ferry, WV 25425

 Zoning District:
Rural (R)
Tax District:
Harpers Ferry (04)
Tax Map: 13
Parcel: 37
Project Size: 10 acres
Size: 92.6 acres
Request for a Conditional Use Permit to establish a federal firearms business that includes gunsmithing and retail sales. The proposal consists of utilizing a 10 acre portion of the 92 acre tract. The use will initially be conducted from the existing structures within the 10 acre area delineated in the application, with the option to construct new buildings/additions to existing buildings within the 10 acre area in the future. No signs are proposed. Proposed land use designations as listed in Appendix C are Custom Manufacturing and Retail Sales and Service, General, as defined in Article 2.  BZA Approved:
03-23-23
 
 23-1-CUP  The Quarry
144 Quarry Run Road
Harpers Ferry, WV 25425
Zoning District:
Rural (R)
Tax District:
Harpers Ferry (04)
Tax Map: 04
Parcel: 8
Size: 21.14 acres
 Request to operate a Special Event Facility, as defined in Article 2 of the Zoning Ordinance. The proposal consists of hosting an average of 15 events per year. The applicant is proposing a maximum of 30 grass parking spaces with excess parking to be accommodated by small event transport services.
 BZA Approved:
01-26-23

22-9-CUP Rippon Energy Facility
(large scale solar facility)
Various Parcels on Kabletown Rd
Charles Town, WV
 Zoning District:
Rural (R)
Tax District:
Kabletown (06)
Tax Map: 11
Parcel: 9
Tax Map: 10
Parcels: 3.1 & 5
Tax Map: 21
Parcels: 6, 5, & 7
Tax Map: 22
Parcel: 5.1
Total Acreage subject to request: 737 acres
Request to operate a Solar Energy Facility. This application pertains to approximately 737 acres of the 878-acre Rippon Energy Facility, a 99 MWac solar electric generating facility. The project consists of solar modules and a new substation to connect the solar facility with the electric grid. The project site has existing high voltage power lines running through the property.
BZA Approved
10-27-22

 22-8-CUP Pathway Childcare Center
15943 Charles Town Rd
Charles Town, WV 25414
Zoning District:
Rural (R)
Tax District:
Charles Town (02)
Tax Map: 19A
Parcel: 2.4
Size: 1.7 acres

 Request to convert an existing dwelling into a daycare center to provide care for up to 32 children (maximum). Hours of Operation: Monday through Friday, 6:00 a.m. - 5:00 p.m. Proposal includes a fenced play area, onsite parking, and a business sign.
 BZA Approved
10-27-22

22-7-CUP
 Kingdom Ventures, LLC
(Urgent Care & Medical Office Complex)
7595 Martinsburg Pike
Shepherdstown, WV
Zoning District:
Residential Growth (RG)
Tax District:
Shepherdstown (09)
Tax Map: 7B
Parcel: 1
Size: 2.69 acres
Request to convert an existing church to an Urgent Care and Medical Office Complex.
 BZA Approved
09-22-22

22-6-CUP
 Mission Critical
Defense Solutions
500 Febrey Road
Shenandoah Junction, WV
 Zoning District:
Rural (R)
Tax District:
Middleway (07)
Tax Map: 2
Parcel: 3
Size: 116 acres
Request to establish a federal firearms retail business from an existing barn structure. Retail operation limited to sales with law enforcement agencies and military components (not open to the public). At this time, no new structures or additions are proposed.  
BZA Approved
09-22-22

22-5-CUP

 

 Applicant's PowerPoint Presentation

 Wild Hill Solar Project
Roper North Fork Rd & Kabletown Road
Charles Town, WV

Zoning District:
Rural (R)
Tax District:
Kabletown (06)
Tax Map: 4
Parcel: 9
Tax Map: 11
Parcels: 7.1 & 8
Tax Map: 16
Parcel 18
Tax Map 5
Parcels: 1 & 6
Size: 841.74 acres (total)

Request to operate a large scale solar facility. The facility is proposed to be located on ~841 acres (total), of which ~262 acres is located outside of the Urban Growth Boundary and is therefore, subject to the Conditional Use process.

*Note: Concept Plan File #22-9-SP subject to Planning Commission Public Workshop.

BZA Approved:
08-25-22

 

 

PC Public Workshop on Concept Plan:
09-13-22 @ 7:00 PM

22-4-CUP - Application

Archaeological Assessment

Applicant's PowerPoint Presentation

Blake Solar Project
Kabletown Road
Charles Town, WV

 Zoning District:
Rural
Tax District:
Charles Town (02)
Tax Map: 19
Parcels: 14, 15.2, & 15.3
Size: 270 acres

Request to operate a large scale solar facility. The facility is proposed to be located on 516 acres (total), of which 270 acres is located outside of the Urban Growth Boundary and is therefore, subject to the Conditional Use process.

*Note: Concept Plan
File #22-7-SP subject to Planning Commission Public Workshop.

BZA Approved
Request on
07-28-22

PC Public Workshop
on Concept Plan:
08-09-22 @ 7:00 PM

22-3-CUP
Tiff's Tiny Tots
2235 Old Cave Rd
Charles Town, WV
Zoning District:
Rural (R)
Tax District:
Charles Town (02)
Tax Map: 17; Parcel: 3
Size: 1.95 acres
Request to operate a Day Care Center, Large. Applicant proposing to provide childcare for up to twelve (12) children. Hours of operation: Monday through Friday from 6:00 am to 5:00 pm. Onsite parking and an attached business sign are propose.
BZA Approved:
04-28-2022
 22-2-CUP D & E Novelties
(Food Vendor)
3807 Chestnut Hill Rd
Harpers Ferry, WV
 Zoning District:
Rural (R)
Tax District:
Harpers Ferry (04)
Tax Map: 8; Parcel: 12
Size: 1.9 acres
 Request to operate as a food vendor offering menu items such as ice cream, hotdogs, sandwiches, drinks, etc. To be conducted from a stationary food truck and a 10' x 10' tent with a bench and two picnic tables for customer seating. Dates/hours of operation: April 1 through October 31: Wednesday through Sunday from 1:00 p.m. until dark. Plus Monday and/or Tuesday depending on various Holidays (e.g. Memorial Day Weekend). Temporary signage proposed.
BZA Approved:
04-28-2022
22-1-CUP
Executive Emergency Lighting, LLC
21 Southpaw Lane
Shepherdstown, WV 25443
Zoning District:
Rural (R)
Tax District:
Shepherdstown (09)
Tax Map: 14B;
Parcel: WAT1
Size: 1.54 acres
Request to expand an existing emergency vehicle outfitting and retrofitting professional office. The proposal consists of constructing a new 1,500 square foot building to house vehicles and a workshop for the outfitting work.
 BZA Approved:
01-27-22
 21-1-CUP  Jefferson Group, LLC
1508 Cloverdale Rd
Charles Town, WV 25414
Zoning District:
Rural (R)
Tax District:
Charles Town (02)
Tax Map: 16; Parcel: 10
Size: 5 acres
Request to operate as a Contractor with Outdoor Storage. Proposal includes converting an existing structure into a contractor's office with outdoor storage to include associated parking and a 10' x 2'-6" (25 sf) attached business sign. Potential future expansion to include addition of a 1,000 sf storage building.
 BZA Approved:
03-25-21
20-8-CUP
River Chase Wedding Venue
1122 Duncan Rd.
Harpers Ferry, WV 25425
Zoning District:
Rural (R)

Tax District:
Shepherdstown (09)
Tax Map: 11; Parcel: 10
 Request to operate a Special Event Facility. Proposal includes hosting weddings and small events.
 BZA Approved:
12-10-20
20-7-CUP
 RP Performance

Vacant parcel on
Summit Point Rd, across from Hardesty Rd.
Summit Point, WV
 Zoning District:
Rural (R)

Tax District:
Kablestown (06)

Tax Map: 16; Parcel: 3
 Request to operate an Automotive Repair and Service Shop with a freestanding business sign.
 BZA Approved:
09-24-20
20-6-CUP
Tetya's Treats

Vacant Parcel, north of 2945 Lewisville Rd
Summit Point, WV 25446
Zoning District:
Rural (R)

Tax District:
Kabletown (06)
Tax Map: 19; Parcel: 18.6
 Request to operate a catering business, to include the distribution of baked goods to off-site vendors, as well as the preparation and on-site sale of grab-and-go items (such as sandwiches, salads, and baked goods).
 BZA Approved:
08-27-20
20-5-CUP
 Valley Used Cars

5383 Charles Town Rd
Kearneysville, WV 25430
 Zoning District:
Village (V)

Tax District:
Middleway (07)

Tax Map: 3; Parcel: 1.1
 Request to operate an Automobile Repair, Sales, and Service business. No new buildings or additions are proposed. Site improvements include expansion of gravel area and replacement of existing sign in the same location.
 BZA Approved:
08-27-20
 20-4-CUP  Green Monstah Firearms, LLC

76 Rehoboth Lane
Summit Point, WV 25446
 Zoning District:
Rural (R)

Tax District:
Kabletown (06)

Tax Map: 12; Parcel 2.21
Request to operate a homebased federal firearms business, to include limited gunsmithing, from an existing dwelling unit. The business is primarily internet based. Business hours are by appointment only, with limited customer visits (approximately 4 per month). No signs proposed.
BZA Approved:
07-23-20
 20-3-CUP Aegean Manufacturing & Customs, LLC

76 Belleview Lane
Charles Town, WV
25414
Zoning District:
Rural (R)

Tax District:
Kabletown (06)
Tax Map: 28; Parcel: 11.2
 Request to operate a homebased federal firearms business, to include limited gunsmithing, from an existing detached garage. The business is primarily internet based and does not include readily available inventory. Business hours are by appointment only, with limited customer visits (1-2 per month). No signs proposed.
 BZA Approved:
05-28-20
 20-2-CUP  Church Without Walls Ministries of Jefferson County

194 Huyett Road
Charles Town, WV 25414
Zoning District:
Rural (R)

Tax District:
Kabletown (06)
Tax Map: 13; Parcel: 4
Request to operate a Nonprofit Commercial Use. Proposal to operate an outreach ministry to serve the community by offering free clothing, food, financial assistance, etc. The ministry would also focus on outreach projects to benefit youth and senior citizens. Proposed hours of operation are Tuesdays and Thursdays, 9:00 am - 1:00 pm; and Saturdays, 10:00 am - 2:00 pm. There would be a minimum of two volunteers per shift. A 5' (w) x 2.5' (h) freestanding sign face is proposed to be located west of the existing structure. Parking requirements would be met on site.
BZA Approved:
03-26-20
20-1-CUP
 Potomac Crossroads Counseling, LLC

4781 Kearneysville Pike
Shepherdstown, WV 25443
 Zoning District:
Residential Growth (RG)

Tax District:
Shepherdstown (09)
Tax Map: 8; Parcel: 23.7
 Request to operate a Medical/Dental/Optical Office and/or Professional Office. Proposal consists of operating a counseling facility with approximately eight therapists that meet with not more than eight clients during one appointment time.
 BZA Approved:
02-27-20
19-3-CUP
 Wheatlands Property Management Brewery
2153 Berryville Pike
Charles Town, WV 25414
 Zoning District:
Village (V) & Rural (R)

Tax District:
Kabletown (06)
Tax Map: 10A; Parcel 24
 Request to operate a restaurant associated with the existing farm brewery. Request includes a deviation from the sign provisions to allow an 8' x 2' attached business sign and a 2' x 2' attached sign.
 BZA Approved:
10-24-19
 19-2-CUP  Ascension Church

Burr Industrial Park
Lot 34
73 Edmond Rd,
Suites 2 & 3
Kearneysville, WV 25430
 Zoning District:
Industrial Commercial (IC)

Tax District:
Charles Town (02)
Tax Map: 10; Parcel: 86
Request to operate a church that includes office space, meeting rooms, and Sunday services for approximately 120 attendees.
 BZA Approved:
10-24-19
 19-1-CUP McDonald's

31 Maddex Square Dr.
Shepherdstown, WV 25443
 Zoning District:
Residential-Light Industrial-Commercial (RLIC)

Tax District:
Shepherdstown (09)
Tax Map: 8C; Parcel: 68
 Request to replace and upgrade the exterior menu boards with digital menu boards.
 BZA Approved:
04-25-19
CUP18-02 A-Zone Environmental Services Office

2153 Berryville Pike
Charles Town, WV 25414
 Zoning District:
Village (V)

Tax District:
Kabletown (06)
Tax Map: 10A; Parcel 24
 Request to operate a Professional Office for up to 12 employees; with approximately 4-6 people working on site.
Office hours:
8:00 am - 4:00 pm
BZA Approved:
10-25-18
 CUP18-01 Aly Auto Repair, Sales, and Service

5383 Charles Town Rd
Kearneysville, WV 25430
 Zoning District:
Village (V)

Tax District:
Middleway (07)
Tax Map: 3; Parcel: 1.1
Request to operate an Automobile Repair, Sales, and Service within the existing structures.
EXPIRED
 BZA Approved:
05-24-18
 CUP17-06  Starbucks

Somerset Village Shopping Center
58 Somerset Blvd
Charles Town, WV 25414
Zoning District:
Residential-Light Industrial-Commercial (RLIC)

Tax District:
Charles Town (02)
Tax Map: 9; Parcel: 8.7
Drive-Through Coffee Shop with indoor dining. Land Use:
Restaurant, Fast Food, Drive Through
BZA Approved:
12-14-17
 CUP17-05 Blossman Gas

Burr Industrial Park,
Lot 12
War Admiral Blvd.
Kearneysville, WV 25430
 Zoning District:
Industrial Commercial (IC)

Tax District:
Charles Town (02)
Tax Map: 1; Parcel: 65
Propane distribution facility to consist of two 30,000 gallon propane storage tanks for distribution to residential, commercial, and industrial properties; a 2,500 square foot structure to house an office, a warehouse, and retail sales area; vehicle tank storage area; and associated customer/employee parking. Blossman Gas intends to employ approximately 20 people.
BZA Approved:
11-09-17
CUP17-04

 Dollar General

4735 Middleway Pike
Kearneysville, WV 25430

Zoning District:
Rural (R)

Tax District:
Middleway (07)
Tax Map: 19; Parcel: 16.6
Request to add tobacco, beer, and wine sales to the existing Dollar General Store #16066. Land Use:
Retail Sales, Limited
 BZA Approved:
09-28-17
 CUP17-03
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 Approved 05-25-17
 CUP17-02  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
04-27-17
 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:
07-16-15

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

351 Edmond Road
Kearneysville, WV 25430
Zoning District:
Industrial-Commercial

Tax District:
Charles Town
Tax Map: 1
Parcel: 79
Replace existing free standing business sign with a freestanding  animated sign. 
  03-02-15:
Acting Zoning Administrator determined that a CUP was not the appropriate course of action for proposed project.

CP14-02

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:
09-19-14
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:
05-07-14

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:
03-11-14