Berkeley County BZA denies Hammond appeal; tow-yard use not grandfathered

The Berkeley County Board of Zoning Appeals on the February agenda denied an administrative appeal by Bob Hammond Construction Inc., upholding the county planning department's determination that Elite Towing's operations at 123 Lisa Ann Lane are not covered by grandfathered rights and that a tow yard does not fall within the grandfather clause.

Attorney John West, representing Bob Hammond Construction, told the board the company and its tenant, Elite Towing, relied on county staff communications before leasing the site. West said the lease was signed June 4, 2024, operations began in August 2024, and his clients spent roughly $140,000 in renovations based on representations that the property's historic use would allow continuation. "The record is overwhelming" that the use is consistent with past activity, West told the board.

Zoning Administrator Allison Lisonbee and planning staff presented a different reading. Staff's review found the 4.05-acre parcel historically contained commercial and light industrial uses associated with Hammond Construction but that only approximately 2.3 acres were actually used for those grandfathered activities. Staff's August 21, 2024 letter had acknowledged grandfathered commercial general services and construction uses but reiterated that "grandfathered uses shall not be expanded." A December 16, 2024 follow-up letter refined the county's findings and for the first time flagged activity that suggested the current use exceeded the grandfathered scope.

Lisonbee summarized the department's four-part conclusion: the maintenance building had grandfathered rights for equipment and company-vehicle repair tied to the primary business; the structure may not be converted to a commercial repair shop servicing outside vehicles; outdoor storage linked to primary business operations may be grandfathered in mapped areas; and a tow yard, junkyard or salvage yard is not a grandfathered use for the grandfathered portions of the site. Staff noted operational hours historically observed at the site were about 6 a.m. to 7:30 p.m. and that a November 21 site visit showed gravel improvements and equipment storage exceeding the grandfathered footprint. A stormwater violation was pending, staff said.

Neighbors who spoke at the hearing described overnight activity, large semitrailers and repeated engine braking near the property. David Amador (419 Horseshoe Road) said Elite's operations had created "24 hours, 7 days a week" traffic that did not exist under Hammond. Several other nearby residents, including Robert Dundas (131 Lisa Ann Lane), Renee Raven (406 Horseshoe Road), Carmen Ball (137 Lisa Ann Lane) and Deborah Dundas (adjacent neighbor), told the board they had seen a marked increase in traffic, noise and heavy equipment after Elite began using the site.

On the motion to deny the administrative appeal, Board member Miss Burbridge moved to deny; Board member Mills seconded. The chair called the vote and the motion carried with the board voting to deny the appeal, thereby leaving the zoning administrator's determination in force.

The board's denial means the county's determination that a tow yard is not a grandfathered use remains the enforceable interpretation. Staff said remedying the zoning use violation requires the property's operations to be reduced in scope, scale and intensity to align with grandfathered allowances and to relocate outdoor storage to the delineated grandfathered areas; staff also noted ongoing review of stormwater compliance.

What happens next: the zoning administrator's findings stand unless overturned by further appeal to a court or other legal remedy. The county did not announce additional enforcement steps at the hearing beyond the standard complaint-driven investigative process described by staff.