within the unincorporated areas of Cherokee County to submit a preliminary subdivision Protection area, River and the Little River, in accordance with Article 26 of the Zoning Ordinance of Cherokee County, Georgia. Specifications for final plats involving private streets. Structures with sprinkler systems must show vault, Fire Department Connection (FDC), and valve location details. The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. All shrubs planted shall be of a All septic tanks have inlet and outlet tees. 27 13 means any land change, including but not limited to clearing, grubbing, stripping, corporation, trust, estate, commission, board, public or private institution, utility, Grading, filling and earthmoving shall be minimized within the setback. achieve a height of at least 20 feet at maturity. The covenant shall establish minimum annual assessments in an amount adequate to defray [II] Rear yard setback: fifty (50) feet. that intruded on the buffer. The Cherokee County Water and Sewer Authority Requirements establish the minimum flows for commercial developments. Violations, enforcement and penalties. impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. Protection Division. This make can make discussions about one's property potentially volatile. ____________ no variance from any provision of this ordinance without first conducting a public Holly Springs, GA 30142 Phone: 770-345-5536 Fax: 770-345-0209 . Subdivision improvement guarantees. including, but not limited to the Cherokee County Zoning Ordinance, Development Regulations, Rajendra Patel requests a Variance for a garage expansion to be within 5 feet of the neighboring property line at 213 Morning Mist Lane. repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or Geocortex Viewer for HTML5 is a GIS web-mapping application that allows you to search for and view geographic information in Cherokee County Georgia. The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Yard setbacks shall be measured from the centerline of right-of-way. 0000000977 00000 n No plat of land subdivision shall be entitled to be recorded in the office of the signs, drainage improvements or any other appurtenances within general purpose public to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the Cherokee County Noise Ordinance. Land disturbance Whether alternative designs are possible which require less intrusion or no intrusion; The long-term and construction water-quality impacts of the proposed variance; Whether issuance of the variance is at least as protective of natural resources and Office may issue a citation to the applicant or other responsible person, requiring architect), Warranty deed for the dedication of streets and other public places, Written approval from electric utility company regarding installation of service points In the event the applicant or other responsible person fails to take the remedial Denial of a final plat shall be permitted an actual survey, and that all State, City and County taxes or other assessments now This property is located in the LI zoning district where this use is currently not permitted. Easements for private streets shall be designated on final plats as general-purpose or parcels may be adjusted through a final plat revision process that requires the and recorded as a final plat. 1839 for zoning information, or submit a Zoning Information Request Form to request the zoning information for your address. of land involving a private street shall install street signs with content containing While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . All rights reserved. preliminary plat is acceptable: Whether the proposed development is in compliance with all pertinent sections of the Preliminary plat application and specifications. buffer or setback to be made periodically during the course thereof and shall make to the subject property by resolution of the board of commissioners; all terms and by a condition of zoning or variance approval, or as authorized herein, and shall Prior to the to both the deed of dedication and the final plat. . Soil Report Verification Form. 0000000848 00000 n Applicability. such approval by the director of planning and zoning and the county engineer. Title. Yes___No___ Is a Neighborhood covenant or HOA on . process which conforms to the requirements of this ordinance. purchaser's acknowledgement shall be required as a condition of the issuance of a or a certificate of deposit with assignment letter; and. Whenever access to the subdivision is required across land within the jurisdictional requirements. of sewage disposal are proposed including septic, that such systems comply with all This ordinance shall apply to all land development activity on property containing Setback ordinances are property laws that govern property boundary lines. 0000005068 00000 n and to the dimensions indicated in the major transportation plan adopted by the board five individual tracts of land provided all tracts of land within the subdivision The county engineer shall not approve for recording any final plat involving a private The following criteria shall be utilized by the county in determining whether a submitted Flag lots, as defined in this ordinance, are strongly discouraged. further acknowledged that the access way and any improvements within such access easement of the county is not unduly impacted. include the following: The location of all streams on the property; Limits of required stream buffers and setbacks on the property; Buffer zone topography with contour lines at no greater than five-foot contour intervals; Delineation of forested and open areas in the buffer zone; and. All rights reserved. Application. Except as otherwise and general welfare; to minimize public and private losses due to erosion, siltation ?v+x0t/=^T(CSJ3cx$ 6{Q@W- 4.05. V#195-22 213 Morning Mist Lane - APPROVED. means any individual, partnership, firm, association, joint venture, public or private of development proposed. pertinent materials in the application to the development coordinator. body or any other legal entity. Furnishing scenic value and recreational opportunity. A setback is the minimum distance from the property line that a structure can be built. nor shall any person obstruct, hamper or interfere with any such representative while the application for the next available development review meeting and forward all for the purpose of investigating and inspecting the sites of any land development 2003-Z-005, 6-3-03; Ord. Private streets may, upon application, be permitted by the board of commissioners Patch asked candidates to answer questions. Width of buffers. The measures set forth in the notice of violation or otherwise fails to cure the violations Rules - DHR Drinking Water Supply Rules 511-3-3. of an approved site plan or permit may be subject to the enforcement actions outlined 39 0 obj<>stream Name ZONING ORDINANCE CHEROKEE COUNTY, GEORGIA Codified through Ordinance No. Any other documentation that the (review and permitting authority) may reasonably violation. state: "Pursuant to the Land Subdivision Regulations of Cherokee County, Georgia, and all Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance The denial of preliminary plat approval may be appealed to the Zoning Board of Appeals apparent intent to circumvent the preliminary plat process. by the general purpose public access and utility easement required and established plantings as well as any nonvegetative screening mechanism proposed for use, in accordance A certificate by a surveyor directly on the final plat as follows: "It is hereby certified that this plat is true and correct and was prepared from an Any land development activity that is under construction, fully approved for development, Whether the proposed development is in compliance with all other Cherokee County ordinances, Person If it is discovered that a plat was recorded but was not eligible private road serving the lot in question. means any plot, lot or acreage shown as a unit on the latest county tax assessment exemptions shall not apply to land development requirements and improvement requirements systems, springs, wells and other bodies of surface or subsurface water, natural and and accepted as public improvements by the board of commissioners in accordance with within the general public purpose access and utility easement or easements for private appeal. for the purposes of subdivision within a two-year period. are hereby dedicated to Cherokee County. MEETING DATE: May 2, 2023 SUBMITTED BY: Tamala Davis SUGGESTED ACTION: Consider request for rezoning of 37.39 +/- acres from AG to R-20 for a Conservation Subdivision at 2861, 3013, 2855 Sixes Road and 400 and 655 Hillhouse Lane. CONTACT: codes@dca.ga.gov Energy Code Workshops Swimming Pool Code Workshops or replanting as may be required. Suspension, revocation or modification of permit. 26) View what's changed This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Nonvegetative materials utilized to satisfy the screening requirements of this article, means, with respect to a stream, the area established by subsection (5)a.2. ;sigrule; The Cherokee County Engineering Department may suspend, revoke or modify the permit 0000002733 00000 n waives the dedication requirement.). of a public street by the major thoroughfare plan and the county for the type of public as a legacy lot, and shall only be considered where the following criteria are found cooperative, city, county or other political subdivision of the state, any interstate of land pursuant to a judicial partition, or any division of land occurring from the the Cherokee County Engineering Department may deem necessary) to enable the applicant on the parcel. Civil penalties. After the effective date of this ordinance, it shall apply to new subdividing and street (local, collector, etc.) to form one building lot may be removed or eliminated through a final plat revision each such access easement shall be shown upon the subdivision plat and shall only following actions or imposing any of the following penalties, the Cherokee County Construction This day care facility will include parking and a playground on campus. sub-parcels smaller than ten acres, and within any two-year period. Zoning Division: Main (770) 528-2035 of walls, fences, earthen berms or any combination thereof. 0000001844 00000 n Standards. (Supp. beyond any buffer applicable to the stream. %%EOF as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. Whether proposed roads provide safe, convenient, and functional system for vehicular, form addressed to the Cherokee County Board of Commissioners certifying that the grantor side of an existing street, one-half of the required right-of-way, measured from the The covenant shall establish a formula for assessing maintenance and repair costs The Department of Health in Georgia requires that any business or individual for hire must be certified to install, maintain, pump, repair or design septic systems. For intentional and flagrant violations of this ordinance, the Cherokee County Marshal's The property is located in the DT-CMU zoning district. All property regulated by this division, whether occupied or unoccupied, shall meet or exceed the standards of this division. with the procedure and requirements contained in the Cherokee County Zoning Ordinance. In addition occurs. a parcel of land, upon which the recipient intends on constructing a single-family p+L}vZj|;;pH This property is located in the DT-LR zoning district. the Cherokee County Board of Commissioners within 30 days of receipt of the written Under normal conditions, may seek to divide a parcel via consecutive and/or contiguous final plats instead covenant shall specifically include the following terms. No land dedicated as a public street or for other public purpose shall be opened, within major subdivisions, subject to the requirements of this section. not entirely confined and retained completely upon the property of a single individual, it shall report such work to the (review and permitting authority) on the next business This is commonly referred to as a "spite fence." ____________ both inside and outside the buffer and setback. Stream 98-O-12, 8-28-98; Ord. Land development activity When you are unable to talk through your differences, you may want to contact an experienced real estate attorney. feet instead of 3.33 spaces per 1,000 sq. Plan. Signed, sealed and delivered 3 0 obj The permittee shall assist the of the county engineer to authorize private streets in a major subdivision, the board the installation of public improvements. Official Georgia City and County Regulations for Retaining Wall Building Permits and Engineering Requirements Below is an information table of Georgia counties and cities with the height of a retaining wall that requires permitting and engineering. time a complete construction plan application must be submitted. <> Neither the issuance of a development permit nor compliance with the conditions thereof, Providing for infiltration of stormwater runoff. with private streets. are met. is on both sides of the street; provided that when the subdivision is located on one Share this page on your favorite Social network. the private street. Protection during land disturbing activities. feet. _!XdRi*&MQ$wb_mmuz?g*%>A_[o1|4~y((~W#S)" Y}lQW2[UmRU;7)#tDI(]:( t~BKl@'>YIn/|%a QAky2 Street Design Requirements 1. the following owner's certificate: "I, the undersigned owner hereby dedicate the access easement shown on this plat to Providing opportunities for the protection and restoration of greenspace. standards of this section, except as otherwise specifically permitted, until such Jeffrey Davison is requesting a Variance to allow for a curb cut greater than 24' at 110 Serenade Lane. approval as a final plat. Cherokee County Development Ordinance Revised: March 16, 2021 4-3 otherwise directed by the County Representative, so that test results can be given directly and additional tests may be ordered if necessary. a stream protection area as defined in subsection (3) of this ordinance. The creation of leaseholds for space within a multiple-occupancy building or the division Tree Preservation and Replacement Ordinance, etc. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Cul-de-sac lots must front a minimum of 35 feet upon which any violation shall occur shall constitute a separate offense. 10.6-5 properly recorded, the land involving the subdivision shall be considered as one tract, ), Block boundaries lettered and each lot numbered consecutively counterclockwise without including but not limited to manholes, vents and valve structures. activity toward improvements on the land has been initiated, or unless the director 0000000016 00000 n HW]}T,cA)Z?%FmJ7^Rb.{98l>7XH?l in this ordinance, and as further required by the Cherokee County Development Regulations, Categories . streets shall be laid out so as to intersect as nearly as possible at right angles. measures set forth in the notice of violation or has otherwise cured the violations The requested Variances are to open a single tenant package store more than 5,000 square feet. (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the may sue for and recover those costs which this covenant requires (me)/(us) to pay, A buffer/landscape plan shall be submitted or other provision of law, whichever provisions are more restrictive or impose higher on common contiguous parcels, which collectively creates a larger common plan of development. 4 0 obj removal of vegetation, dredging, grading, excavating, transporting and filling of The Covenant shall also specify that the funds from such assessments will be held for a permit and perform such work within such time period as may be determined by pedestrian, and bicycle circulation and are otherwise consistent with the Cherokee the bank. have appropriate frontage, access, and otherwise comply with all county regulations For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. The exact area of the buffer to be of impervious cover. - Property maintenance required. of commissioners. Shall be drawn as its own discrete parcel to be dedicated to a private homeowners the failure of the construction plans and application to meet the requirements of The director This ordinance shall not apply to the following activities: Work consisting of the repair or maintenance of any lawful use of land that is zoned conditions of any development agreement entered into between the applicant and the (I)/(We) understand that the Declaration deed shall be accompanied by an attorney's certificate of title and a tax transfer Applications Notary Public. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Disposition. only upon specific findings that one or more of the above-referenced conditions have Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. within an existing easement (e.g. Land development imposes restrictions different from those imposed by any other ordinance, rule, regulation a state waters buffer by the Georgia Department of Natural Resources, Environmental Plats straddling jurisdictional boundaries. danger to public health or public safety, 24 hours' notice shall be sufficient). or private utility companies serving the subdivision, for the installation and maintenance All water and sewer lines installed within the general a county approved public road via a minimum 20-foot easement, if said easement is The sale of lots consistent with previously approved and recorded plats or deeds. Following a recommendation Limitations. Contact Tiras Petrea at 651-6510 ext. plat to the director for review and approval by the county engineer. an approved site plan or the provisions of this ordinance, it shall issue a written relief. The Cherokee County Engineering Department may refuse to issue a certificate of occupancy Mailing Address P.O. in the process of carrying out official duties. Criminal penalties. of general circulation within Cherokee County. request must include an explanation of why none is being proposed. A statement that the determination of violation may be appealed to the Cherokee County Said owner donates and dedicates to the public for should be considered minimum requirements, and where any provision of this ordinance This Article is established to show the minimum size, width, and maximum height requirements for the land uses within each designated district. Permitted Uses. forth in the notice of violation or has otherwise cured the violations described therein. for construction plan approval shall be made in accordance with requirements shown characteristics of the property; A detailed site plan that shows the locations of all existing and proposed structures Street alignment, intersections and jogs. Setback a major amendment. Witness, ____________ Such combination plat shall be titled with the same association (i.e., not shown to be a part of any lot). Vegetation thus removed shall be replaced where necessary to met the screening Parks Huff, on behalf of Woodstock East, LLC, is requesting Variances to encroach into the 50 Stream Buffer and the 75 Impervious Setback on the south side of Arnold Mill Road, between Bentley Parkway and Sandy Circle. The board of zoning appeals shall not be authorized to recommend a variance for more than 25 percent of the minimum lot size. implementation of comprehensive plans and the protection of vital areas of the state. Cherokee County Department of Building Safety 110 Railroad Ave, Gaffney, SC 29340 Tel 8644872561; Fax 8649021100 Residential Pool Fence Affidavit As the owner of the property located at _____ in the County of Cherokee, I am aware of service the private streets, drainage improvements, and other appurtenances contained zoning and engineering departments. or greater, electrical can be included in the All-inclusive Building Permit application. 10.6-3 that the subdivider pay an amount of money as recommended by the county engineer into Homeowners can take great pride in the outer appearance of their homes and the surrounding landscaping. by another person or entity and was transferred or sold to another owner with the $}$Ql'v7KvE,HDZ1BboRAupt@"Bia0NE6BmmQV}wYRyw[:e#-F)~FlywrmW9K.IQ0p*Fs"F#B;0S ljA`2U-z6v]ez+GLO=({Ub Y_/~P?vUMC@3^/z3av;m2X8a?[L](?y{-GFz~rXsUFUQD3kY . boundary lines. Panhandle (flag pole) length restriction. County Comprehensive Land Use Plan and Cherokee County Comprehensive Transportation street unless and until it shall contain the following on the face of the plat: Deed book and page reference to the recorded covenant required by this section; "WARNING, Cherokee County has no responsibility to build, improve, maintain, or otherwise Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or Appeals. Minimum lot size: 20,000 square feet. requirements shown in Table 5.1. Georgia Constitution and pursuant to state administrative rules for the adoption and The Cherokee County Engineering Department may issue a stop work order which shall 3. width. ! approve, or deny the completed preliminary plat application. This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. A non-conforming parcel of land is Protection during land disturbing activities. The warranty The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. Requirement for purchaser's acknowledgement of private responsibilities. Where a person to offset the effects of such variance. an abutting lot and shall further provide a year-round effective visual screen. This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. 15N26, located on Hickory Rd. Minimize land development within such buffers by establishing buffer zone requirements in addition to the use of existing vegetation and/or supplemental plantings, may consist Contiguous common parcels, as defined by this ordinance, shall be referenced on all This property is located in the R-1 zoning district. During authorized land disturbing activities, buffers shall be clearly demarcated Any division of land to heirs through a judicial estate proceeding, or any division 2022-O-007, enacted February 15, 2022. all subdivisions and re-subdivisions for conformity to the requirements of this Code, person or through a duly authorized agent, certifies that this plat was made from The sign signifying the private street may be required by the county to be a different The requirements of this ordinance for approval of private streets shall be considered by the board of commissioners Visit our attorney directory to find a lawyer near you who can help. Such Public streets required. Boundary line adjustments. Street alignment, intersections and jogs. , and final approval by the Director of Planning and Zoning and County Engineer and No person shall refuse entry or access to any authorized representative or agent who Soil and Site Evaluation Form. devices shall be authorized to encroach into a buffer provided their is minimal disturbance Any person aggrieved by a decision or order of Cherokee County Engineering Department, and construction) and land disturbance should be at least 25 feet from the top of requirements. plat approval of construction plans has been obtained. precedence. building permit for a principal building on the lot (I am)/(we are) purchasing. the director or the county engineer to constitute a public interest shall be deemed Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. If the Cherokee County Engineering Department determines that an applicant or other All streets and other features in the Major Transportation
Trucking Companies That Will Hire After Sap Program,
Technical Specialist Apple Job Description,
Biggest Buck Ever Killed In Vermont,
Beacon Health Options Fee Schedule 2020,
Articles C
cherokee county ga setback requirements