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Commission adopts 'legacy use' amendment to zoning code to preserve historic uses
Summary
The board adopted text amendments adding a 'legacy use' designation to Article 13 and clarifying reestablishment timeframes for nonconforming uses: administrative reapproval up to six months, board review from six months to two years and legacy-use public hearings for uses dormant more than two years.
Cherokee County planners presented a zoning-text amendment that establishes a "legacy use" pathway to preserve historically significant or community-oriented uses and clarifies when nonconforming uses must be reestablished by the board.
Thomas Trawick said staff sought to provide a mechanism to evaluate when older community stores, historic structures or longstanding uses might be restored without forcing full rezoning. The amendment would permit administrative reauthorization if a nonconforming use is dormant for up to six months; between six months and two years the board would review reestablishment; and if a use has ceased for more than two years it could be considered a legacy use after a public hearing and evidence of historical merit. The draft includes review criteria and use conditions (design compatibility, scale limits such as a 25% enlargement cap, and a prohibition on nuisance outcomes).
Colonel John Thompson, who spoke from the audience and who the board had recently appointed to the ethics board, asked clarifying questions about which zoning districts legacy uses could be allowed in; staff explained the proposal limits legacy uses to certain less-intense categories (ONI and NC lists) and that the board could, depending on the case, route reviews to the planning commission. Commissioner Weatherby moved adoption of the amendment and Commissioner West seconded; the board approved the text changes unanimously.
The amendment is intended to create an administrative and hearing workflow that gives the board flexibility to balance preservation with neighborhood compatibility. Staff thanked the local history organization (History Cherokee) for assistance drafting language. The ordinance changes were adopted at the meeting and become part of the county's zoning code; implementation will involve application and evidence standards to be applied on a case-by-case basis.
