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Staff: variance cannot be used to reclassify property or permit commercial use
Summary
Lexington County zoning staff told the Board of Zoning Appeals that variances address dimensional or density standards and do not rezone property; any commercial use would require a separate rezoning process with planning commission and council.
Lexington County zoning staff clarified during the hearing that a variance is not a substitute for rezoning and cannot be used to change a property's permissible uses.
Zoning administrator Walt McPherson told the board that ‘‘zoning variances only allow only can be heard for things that are allowed’’ and that converting a property to permit commercial activity would require a rezoning process, including planning commission review and council approval over multiple readings. Staff said the BZA hears dimensional and density variances (setbacks, lot size, sign height) and that a full reclassification follows a longer public-review process.
That clarification responded directly to a resident’s question about whether the proposed accessory structure could later be used for business or rental purposes. Staff also noted the application must meet building-code standards and that adjoining-owner consent is required where the plan shows an 8-foot setback in lieu of the standard 10 feet.
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