Cherokee County adopts 'legacy use' zoning rules to help preserve historic local uses and buildings

Cherokee County commissioners on Jan. 21 adopted a zoning text amendment establishing a process for recognizing and reestablishing ‘‘legacy uses’’ — defined as historical uses, structures or sites that contribute to the county’s history — and clarified when and how nonconforming uses can be administratively reestablished or must come before the Board.

Planning staff described a three‑tiered approach: administrative review for uses discontinued fewer than six months; board review for uses discontinued between six months and two years; and a legacy‑use designation with a full public hearing for uses inactive more than two years. Staff said the change intends to preserve historically or culturally significant uses while limiting expansion or intensity that would be out of character.

The draft adds review criteria intended to allow the board discretion—items such as whether the use is associated with persons or events of local historical significance, whether the structure predates county zoning (staff suggested a cutoff of Jan. 1, 1969), and whether the proposed reestablishment would cause a nuisance. Use conditions include limiting legacy uses to zoning districts and use types compatible with the county’s permitted‑use tables and restricting expansions to no more than 25% of prior documented size unless the board approves otherwise.

Commissioner Wetherbee, who sponsored the initiative, said the change will help preserve older community stores and other historically valuable uses in rural parts of the county. The board voted unanimously to adopt the amendments.

The action adds a formal path for property owners or advocates to present evidence of historic use and request administrative or board review in accordance with Cherokee County’s zoning procedures.