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County staff proposes 'legacy use' category to let historic nonconforming uses be reestablished
Summary
A proposed Article 13 text amendment would let certain historic uses be reestablished through board review as a 'legacy use' if the building predates 01/01/1969 and meets criteria (documentation, location appropriateness, design compatibility, <25% expansion). Staff proposed a tiered process by duration of discontinuance.
Planning staff presented a text amendment to Article 13 aimed at creating a 'legacy use' pathway for nonconforming uses with historical significance. The change would let staff administratively reestablish a use if inactive for up to six months, allow board review for inactivity between six months and two years, and require a public hearing for discontinuance beyond two years unless the property qualifies under the new legacy-use criteria.
Mr. Traver summarized review criteria A through H that would guide legacy-use decisions: documentation of historical use, significance to Cherokee County, whether the proposed use is comparable to the historic use, appropriateness in the current location, and compatibility with the comprehensive plan. He described use conditions including that the structure must have existed prior to 01/01/1969, any reestablished use cannot exceed the historic building area by more than 25%, and the use may not create a statutory nuisance. "We provide an intent to allow legacy uses to be reestablished through review by this board," Mr. Traver said.
Staff emphasized that the amendment is designed to offer flexibility for historically significant operations and to protect rural character by limiting expansion and requiring design compatibility. The board had clarifying questions about the administrative vs. board-level pathways and the interplay with rezoning as an alternative.
