Anderson council approves first reading to rezone former funeral home property with covenant to limit future uses

The Anderson City Council voted on first reading to rezone 1401 South Vance Street and five associated lots from R‑5 single‑family residential to NC (neighborhood commercial) to allow the site to operate as a funeral home again, while directing staff to secure a restrictive covenant or development agreement before the second reading.

Planning staff told the council the property historically operated as a funeral home but reverted to residential zoning after a vacancy exceeded the four‑month limit in the current ordinance. Planning and Development Director Maurice McKenzie said the NC district is the least intensive commercial zoning that would permit a funeral home but also allows other uses "like retail [and] offices".

Charles Boykin, an attorney for the applicant, argued the property has been a community asset and that prolonged vacancy imposes ongoing carrying costs on the owner. "Every day that he stays closed is the day that his money is [going away]," Boykin said, urging the council to approve the rezoning so the owner can realize a return on his investment.

Applicant Jonathan Holly, who identified himself as a fourth‑generation funeral director, told the council the limitation to funeral purposes is acceptable to him: "I'm a fourth generation funeral director...All I wanted is for this just for funeral purposes." He said the family business had been licensed for nearly 25 years and wants to reopen in the community.

Several council members and members of the public raised concerns that the NC classification could allow uses other than a funeral home in the future. Councilman Tony Stewart recommended tabling the matter until a new zoning classification (private institutional/PI) is adopted, but language in staff materials and counsel confirmed the council could adopt NC on first reading and then, when the city adopts the new zoning map, apply a PI classification citywide to match "what's on the ground." The council agreed to pass first reading while directing staff to work with the applicant on a title covenant or development agreement to limit future uses.

Tony Stewart moved to pass the ordinance on first reading with the condition that staff negotiate a covenant or development agreement to be reviewed at second reading; the motion was seconded by Councilmember Newton and passed by voice vote. The rezoning remains subject to second reading and final adoption, at which point the council will consider the proposed covenant or agreement.

The council also asked staff to explore traffic calming measures near the site to address a blind spot on a nearby approach and to coordinate with the state Department of Transportation as needed.