Madison County officials advise applicant to seek zoning text amendment to allow residence at 27 Jack Shop Road

Madison County planning officials advised applicant Evans Okersen on the process to convert a business building at 27 Jack Shop Road into a residence, recommending he file an application for a "use not provided for" and a concurrent zoning text amendment so the Planning Commission can consider the request.

"It's an informal exploratory meeting really to help the applicants explore the process," Planning Commission member Zachary Whitman said at the start of the discussion. Staff and elected supervisors framed the central question as one of interpretation of the county zoning ordinance: whether the proposed conversion fits Appendix 1, Article 8-2-1 (apartment house in existing structure) or 8-2-2 (dwelling located in the main business structure as a secondary use).

Allen Nichols, Madison County planning and zoning administrator, described the ordinance as "a little muddy the way it's written" and outlined two processing routes: proceed under an applicable provision if the panel agrees, or treat the request as a use not provided for and consider a zoning text amendment concurrently with the applicant's permit. "If we do not agree and we think this is a different use, then I will prepare this ... as a use not provided for," Nichols said.

The subject parcel is 3.567 acres in the B-1 district and is identified as Madison County tax map 55-24. The applicant proposes converting one of two primary buildings on the site to a two-bedroom dwelling. County Building Official Jamie Wilkes said the conversion would require electrical work, a central HVAC, a new door and minor concrete work to access the main plumbing drain to add a bathtub and shower; no structural wall movement was planned.

Health and septic review was raised as a practical requirement. Virginia Department of Health staff said the current system was designed for about 250 gallons per day and that an OSE (soil scientist) would inspect and evaluate the system as part of a minor modification change-of-use permit. "They'll just evaluate and it'll be a minor modification because it's a change of use," a VDH representative said.

VDOT staff said they would review the driveway entrances to ensure they meet commercial entrance standards because the property remains zoned B-1 and has multiple access points. "We would just need to review the entrance to make sure it's appropriate," a VDOT representative said.

Supervisors and staff discussed conditions to limit unintended expansion of residential units on business parcels. Nancy Sharman asked whether the approval could include a condition that the permit "shall not exceed the 1 unit as presented in the application." Staff said the board could impose such a condition.

After discussing options and precedent, Nichols moved that the applicant be advised to proceed with an application for a "use not provided for" to be heard by the Planning Commission; Jamie Wilkes seconded. The motion carried by voice vote with no recorded opposition. Nichols said staff would coordinate with the applicant and likely schedule the item for a Planning Commission workshop in February.

The panel deferred the second case because the applicant was not present, received no public comment, and adjourned shortly thereafter.