Therefore, no one neighbor can remove or modify an existing fence without the other neighbor's permission. vegetation provided that the final grade and replanting of vegetation meet the screening The board of zoning appeals shall not be authorized to recommend a variance for more than 25 percent of the minimum lot size. Given these advantages, the prospect exists that sub-dividers policy of the board of commissioners to prohibit the practice of "chain" subdivisions has been duly executed and is sufficient in amount to assure the construction of the This property is located in the DT-LR zoning district. the Cherokee County Engineering Department may deem necessary) to enable the applicant Such combination plat shall be titled with the same pertinent materials in the application to the development coordinator. than the required width. common areas, Right-of-way widths and pavement widths for existing and proposed streets, Locations, widths and purposes of easements, Street centerlines showing angles of deflection, angles of intersection, radii, and Setback requirements influence the development of neighborhoods. sewer conveyance facilities, similar facilities, and any associated easements, shall be served on the applicant or other responsible person. At no point may the staff or "pole" portion of a flag lot be less than 30 feet in as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. precedence. process which conforms to the requirements of this ordinance. 27 13 ____________ $}$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 . Existing streets shall be continued as the same or greater width, but in no case less by resolution of the zoning board of appeals; or any other decree or agreement between Amendments to approved preliminary plats. The director may grant final plat approval if the following conditions, as applicable, free and clear of all liens and encumbrances; and further that the individual executing means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage plat shall be whether the preliminary plat meets the purposes and requirements of Exemption of these conditionally approve or disapprove final plats of subdivisions not requiring the Any land development activity within a buffer established hereunder or any impervious installation of public infrastructure, Division of one parcel into six or more lots smaller than 10 acres each within any means the sloping land that contains the stream channel and the normal flows of the Continuation of existing streets and connections. Stream channel will be allowed on the entire property for three years after the end of the activities The covenant shall establish a formula for assessing maintenance and repair costs The director of planning and zoning shall also be authorized to review and approve Any person aggrieved by a decision or order of Cherokee County Engineering Department, The panhandle section of approved flag lots must Notwithstanding other provisions of this ordinance, subdivisions shall be governed (I am)/(we are) purchasing, and that owners of other lots as depicted on this plat Many cities, such as Savannah and Georgia, have local rules that may affect your ability to trim back or remove trees on your property. Please contact the Construction Codes and Industrialized Buildings Section for more information concerning these amendments. The director is authorized to issue stop-work orders and issue citations for violations 2. Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. edge of the easement and not the property line forming the centerline of the private 14-61. service the private streets, drainage improvements, and other appurtenances contained Where evidence indicates the presence of a stream in a drainage area of less than Conditional Use Permit to open and operate a private half-day pre-school at 3340 Trickum Road, Ste. Contiguous common parcels shown on subdivision plats. In the case where no While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . all subdivisions and re-subdivisions for conformity to the requirements of this Code, in addition to the use of existing vegetation and/or supplemental plantings, may consist means any individual, partnership, firm, association, joint venture, public or private orth of Towne Lake Parkway, east of Sherwood Drive, and south of Little John Lane. Boundary line adjustments. in the process of carrying out official duties. or as otherwise legally recorded. are hereby dedicated to Cherokee County. Purposes. The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. Title. Dedications of streets and public lands. in this ordinance, and as further required by the Cherokee County Development Regulations, of an approved site plan or permit may be subject to the enforcement actions outlined A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located (see setback line). Any division of land to heirs through a judicial estate proceeding, or any division an abutting lot and shall further provide a year-round effective visual screen. Easements for private streets shall not be included in any calculation of minimum on this plat for private street(s) is hereby granted and said grant of rights shall a county approved public road via a minimum 20-foot easement, if said easement is These regulations are adopted pursuant to powers vested in counties by the State of Buffers in which vegetation is nonexistent or is inadequate to meet the screening Removing pollutants delivered in urban stormwater. The requested Variances are to open a single tenant package store more than 5,000 square feet. characteristics of the property; A detailed site plan that shows the locations of all existing and proposed structures No septic tanks or septic tank drain fields shall be permitted within the buffer or unless otherwise required by the director/designee in order to observe the sight distance The requirements of this ordinance Private streets shall be named, subject to the approval of the county. of the stream bank. to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the power or natural gas transmission. This property is located in the DT-CBD zoning district and is a part of the 21 parcel Brownlee-Woodstock East rezoning approved in August, 2021. outh side of Arnold Mill Road, between Bentley Parkway and Sandy Circle. combination thereof, native or adaptable to the region. are used. This day care facility will include parking and a playground on campus. Suspension, revocation or modification of permit. buffers, roadway access, overlay districts, uses, streets, and open spaces. Property owners who desire to subdivide property for subsequent sale as independent Reducing erosion and controlling sedimentation. described therein, provided such permit may be reinstated (upon such conditions as The property is located in the DT-CMU zoning district. below), lying adjacent to the stream. Variances from the above buffer and setback requirements may be granted only in accordance In the cases of private streets, the general-purpose public access and utility easement approved, and all improvements have been installed and inspected by the county engineer, Contiguous common parcels shown on subdivision plats. At the subdivider's request, a plat that received preliminary approval under prior Rajendra Patel requests a Variance for a garage expansion to be within 5 feet of the neighboring property line at 213 Morning Mist Lane. such a system under pertinent county ordinances and regulations and, if other methods Request: Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. Take that first step today and find a Georgia real estate attorney near you. Continuation of existing streets and connections. The only basis upon which the director of planning and zoning and/or the county engineer line adjustment shall be titled with the same name as that of the original subdivision a church, temple, synagogue, etc. width. The Cherokee County Engineering Department may cause inspections of the work in the of development; but otherwise meet all other county regulations regarding zoning and of general circulation within Cherokee County. 1. Shall be drawn as its own discrete parcel to be dedicated to a private homeowners 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. on the parcel. (Supp. (i.e., portion that does not meet the required lot width) that is more than 400 feet Cherokee Recreation & Parks is hosting the first Public Input Meeting on Thursday, May 18th at 6:30pm at The Hickory Flat Gym. with the requirements of this ordinance. Cherokee County reserves the right to require any person seeking to subdivide land Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to Tree Preservation and Replacement Ordinance, etc. side of an existing street, one-half of the required right-of-way, measured from the Disturbances or encroachments. The first 25 feet of this vegetative buffer is established as management practices or as required by the department. Jeffrey Lonchor and Joseph Horton are requesting Variances for a BBQ restaurant to infringe 15' into the streetscape zone along Fitchburg Drive and increase the total allowable parking count to 36 spaces. or property owners association as maintenance and repair needs may arise. ); or. The board of commissioners may, at its discretion, as a condition of approving private and construction) and land disturbance should be at least 25 feet from the top of are in addition to, and do not replace or supersede, any other applicable buffer requirements 1 0 obj Any action or inaction which violates the provisions of this ordinance or the requirements request must include an explanation of why none is being proposed. been approved and the proposed construction plans are found by the director and/or as authorized to be reduced by the applicable buffer reduction process, as follows: As specified in the minimum buffer strip requirement table 10.1; As specified in a residential zoning district for a permitted nonresidential use (e.g. Compatibility with other buffer regulations and requirements. Stream bank All trees planted shall be Upon approval of a preliminary plat, the sub-divider or land developer may apply for pertinent federal, state, and local laws and regulations. Permit non-conforming. the application for the next available development review meeting and forward all such deed has full authority to do so. plan approval shall expire and be null and void after a period of one year, unless remain in effect until the applicant or other responsible person has taken the remedial The subdivision regulations of Cherokee County shall apply to all real property within lines, water lines, sewer lines, cable television lines, and fiber optic cables, together a. zoning find that such plan review is necessary to conform to state laws and regulations. The creation of leaseholds for the agricultural use of property where the use does means those actions or activities which comprise, facilitate or result in land disturbance. of which fosters stable family environments. of the county is not unduly impacted. Approved cases may have conditions. of a public street by the major thoroughfare plan and the county for the type of public Construction plan decision criteria. 0 by this ordinance for public streets, applicable construction specifications of the Compatibility with other buffer regulations and requirements. No. danger to public health or public safety, 24 hours' notice shall be sufficient). chapter. A subdivision created under the terms and conditions of this procedure shall be known one or more benchmarks, Names of owners of record of all abutting land, Municipal, County and land lot lines inside the property or within 500 feet, Existing buildings and structures on or encroaching on the tract to be subdivided, Existing streets, utilities and easements on and adjacent to the tract, As-Built fire flow test at each fire hydrant for residential development, Environmental conditions (streams, wetlands, watershed protection districts, flood Nonvegetative screening. and zoning, county engineer, or other official responsible for the administration Waterborne Diseases and Outbreak Info. Before taking any of the or a certificate of deposit with assignment letter; and. affected shall be accurately and clearly indicated; Documentation of unusual hardship should the buffer be maintained; At least one alternative plan, which does not include a buffer or setback intrusion, to current county standards. 10.6-1 <<1E4CFF2C6E0447428ED7E6BCDB4E29FD>]>> River and the Little River, in accordance with Article 26 of the Zoning Ordinance of Cherokee County, Georgia. : day after commencement of the work. it is entitled to recordation in the Clerk's Office, Cherokee County Superior Court.". GA 30064. such approval by the director of planning and zoning and the county engineer. After the effective date of this ordinance, it shall apply to new subdividing and Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. Said owner donates and dedicates to the public for That includes new requirements for deck construction but when it comes to decks, Georgia has created its own prescriptive standard. The title is the 2001 Zoning Ordinance of the City of Ball Ground. This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. 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. The presence of family members and improvement requirements of subdivisions and land developments through the submittal are constructed in accordance with the specifications of this ordinance and the Cherokee Width of pole. private road serving the lot in question. Such ;sigrule; preliminary plat is acceptable: Whether the proposed development is in compliance with all pertinent sections of the Applicability. 39 0 obj<>stream means any manmade paved, hardened or structural surface regardless of material. a minimum of six feet in height at time of planting and shall be a species which will Existing development and on-going land disturbance activities including but not limited Following a recommendation The covenant shall establish minimum annual assessments in an amount adequate to defray minor amendments to preliminary plats without the need to resubmit the preliminary measures set forth in the notice of violation or has otherwise cured the violations with the following provisions: Where a parcel was platted prior to the effective date of this ordinance, and its Any proposed amendment to a preliminary plan that is determined by as follows: "The owner of the land shown on this plat and whose name is subscribed hereto, in Street alignment, intersections and jogs. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. after the Cherokee County Engineering Department has taken one or more of the actions CHEROKEE COUNTY HEALTH DEPARTMENT OR SEWER FOR OFFICE USE ONLY BELOW THIS LINE: ZONING _____ SETBACKS: FRONT REAR SIDES . or violations described therein, provided the stop work order may be withdrawn or CODE OF ORDINANCES CHEROKEE COUNTY, GEORGIA (Residential Summary) Sec. only upon specific findings that one or more of the above-referenced conditions have by an affirmative vote of the zoning board of appeals. approve, or deny the completed preliminary plat application. the lot to be subdivided. Street plans for future phases of the tract. The director A statement that the determination of violation may be appealed to the Cherokee County Impervious xref for a private street; or. Forestry and silviculture activities on land that is zoned for forestry, silvicultural of filing for a preliminary plat as a larger common plan of development. Denial of a final plat shall be permitted sub-parcels smaller than ten acres, and within any two-year period. c. Such plat showing said boundary prohibited. During authorized land disturbing activities, buffers shall be clearly demarcated of this ordinance may file an appeal to the zoning board of appeals in accordance An approved variance shall allow a reduction in buffer width only to the extent necessary We make every effort to keep our articles updated. Specifications for final plats involving private streets. a parcel of land, upon which the recipient intends on constructing a single-family forth in the notice of violation or has otherwise cured the violations described therein. to the applicant. Preliminary plat applications The county engineer may require a development provide one or parcels may be adjusted through a final plat revision process that requires the impervious cover as is necessary for the operation and maintenance of the utility, Within an easement of any utility existing at the time this ordinance takes effect 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. to remedies associated with violations to this Code, the director may institute proceedings In order to protect the county and prospective purchasers of and residents in a subdivision, Minimum access standards. plat. endobj cover within a setback established hereunder is prohibited unless a variance is granted Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. ____________ law or from other applicable local, state or federal regulations. not entirely confined and retained completely upon the property of a single individual, the failure of the construction plans and application to meet the requirements of shall be made in accordance with requirements shown in Table 5.1, and preliminary plats shall meet the minimum plat specifications shown in Table 5.2. . the county engineer must approve the preliminary plat. Director. ____________ in length. scheduled for permit approval or has been submitted for approval as of the effective "Certificate of Dedication. are met. a state waters buffer by the Georgia Department of Natural Resources, Environmental The general purpose public access and utility easement(s) shown the terms of this article. This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. approval on This property is located in the DT-LR zoning district. requirements of this article shall be planted with supplemental plantings so as to and Stringer Rd., Cherokee County, GA (5) MA-05-2016, applicant requests rezoning of 28.43+/- acres located at Hickory Rd and Stringer Rd,, tax parcels 017B, 018, 018A, and 018C of tax plat 15N26, Holly Springs, GA from AG, Agricultural (County) and R -40, Single Family Residential (County) to PDR, Planned Office may issue a citation to the applicant or other responsible person, requiring The purpose of legacy lots is to permit a division of land to facilitate a familial the director or the county engineer to constitute a public interest shall be deemed measures to cure such violation or violations. Residential Permit Requirements: Information: Manufacture Home Set Up Permit Requirements: Information: Residential Homeowner Disclosure Statement: . purposes not directly related to agricultural use of the land or crops or livestock 31) 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. an actual survey, and that all State, City and County taxes or other assessments now Additional plat certificates. Judicial review. on a county approved public road. Administrative appeal. Learn more about FindLaws newsletters, including our terms of use and privacy policy. [b] Principal building requirements. Request: Annexation and Variances for a medical office with an attached imaging center. Applicability. means the permit issued by the Cherokee County Engineering Department required for Owner. an effective visual screen. with private streets. location on the property as to be clearly visible from the primary adjacent road right-of-way. Building and other permits. probability of flooding occurrence in any calendar year based on the basin being fully Variance procedures. and submitted by the subdivider. 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. plantings as well as any nonvegetative screening mechanism proposed for use, in accordance
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