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Midway council denies rezoning request for Old US 52 property used as short‑term rental
Summary
The Midway Town Council unanimously denied a request to rezone a 0.46‑acre parcel on Old US Highway 52 from Community Shopping (CS) to Office & Institutional (OI), concluding the property's current short‑term rental use is inconsistent with the town's comprehensive plan and Core Commercial Overlay District (CCOD).
The Midway Town Council voted unanimously May 4 to deny a rezoning request from property owner Joseph G. Thomas to change a 0.46‑acre parcel on the west side of Old US Highway 52 from CS (Community Shopping) to OI (Office & Institutional).
Davidson County Planning Director Lee Crook and county planner Matthew Bruff told the council the structure predates 1954 and had been converted to commercial office use, which removed any prior legal nonconforming residential status. Crook said the property’s current use as a short‑term Airbnb rental “triggered a zoning violation notice,” and staff concluded the requested map amendment would be inconsistent with the Town of Midway Comprehensive Plan and the Core Commercial Overlay District. The county planning staff and the Midway Planning Board recommended denial.
Owner Joseph G. Thomas told council he purchased the property from a previous user who operated it as a business office and said he has been leasing it, most recently as a short‑term rental. He expressed interest in continuing to lease to his current tenant if the zoning were changed and asked about how future short‑term rental ordinance updates might affect the property.
After a public hearing that drew no speakers, the council adopted a Statement of Consistency under N.C. Gen. Stat. 160D‑605 and voted to deny the rezoning. Mayor John Byrum closed the hearing and the motion to deny carried by unanimous roll call.
The denial preserves the property’s designation within the Core Commercial Overlay District as applied under the town’s land‑use map; town staff noted nearby residences retain legal nonconforming status only when they have continuously been used as residences and were never converted to commercial use.
