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County of Albemarle
Department of Community Development
Memorandum
To: File
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: March 6, 2009
Subject: TM 78 Parcel 17D — SPCA Purrin' at Pantops. Offsite Adoption Location
The purpose of this memo is to clarify the zoning approval for this use at Pantops next to Rudy's
Cleaners. This property is zoned PDSC, Planned Development Shopping Center. This zoning district
permits retail establishments by -right per Section 25.2.1 (1). A pet store is a retail establishment. The
Purrin' at Pantops use is a pet store.
Purrin' at..Pantops is an offsite adoption.,center for the SPCA. They will be selling some pet - related r
items such as collars and the like. They do not intake animals at this location. They also do not
undertake other, SPCA activities such' as spay /neuter clinics and veterinary operations. The.purpose
of this storefront location is to find homes forthe animals (in this case; :cats). The use at this location .
is not an animal shelter as defined in the Albemarle County Zoning Ordinance:
This determination is consistent with 17 -200 of the Land Use Law Handbook. It states:
The use itself, not the owner or the nature of the owner, should determine the classification: Ownership is not .
determinative of use. Maxey v. Board of Zoni.'ng Appeals, 480 N.E.3d 589 (Ind. App: 1985). Likewise, the use, . .
not the nature of the using organization, controls the use classification. Gallagher v. Zoning Board of A.i justnient,
32 Pa D &C 669 (1963) (proposal to use single - family dwelling for religious broadcasting is not a church).
Cc: SPCA
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