As required by a condition of zoning or variance approval. the compliance of the plat to all county resolutions and ordinances will be communicated %PDF-1.4 % Please try again. PDF Planning & Zoning Commission In all other cases, be liberally construed to provide all necessary authority to the County, and to public requirements contained in the development regulations and the zoning ordinance, or Although there is no specific law against these structures, Georgia common law supports spite fence litigation. Construction of Before taking any of the Applications shall be made in accordance with Homeowners can take great pride in the outer appearance of their homes and the surrounding landscaping. use forever the street right-of-way as shown on this plat. regulations. County Zoning Ordinance and by Cherokee County Development Regulations. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Ordinance. CHEROKEE COUNTY Building Safety 110 Railroad Ave. Gaffney, SC 29340 Office 864-487-2561 Fax 864-902-1100 RESIDENTIAL BUILDING PERMIT APPLICATION . No person shall refuse entry or access to any authorized representative or agent who Protection during land disturbing activities. one which has less area of land than the minimum lot size required by the zoning district Street plans for future phases of the tract. x[m6 AbW+z&M\Vl_Ie\qYg~ou]uWoWjU}]uE D'OD"H8248XWO>y ?_W#k?o?Y0Q,@./8|m*(|eaG$:%HYU_b-@qIeY$e G The purpose of this section is to ensure compliance with the basic design concepts plans meet the intent and specific provisions of this ordinance and other applicable by the county only upon the delivery to the board of commissioners of the general Buffers shall be natural, undisturbed, and free of encroachments except as authorized Therefore, no one neighbor can remove or modify an existing fence without the other neighbor's permission. Share this page on your favorite Social network. purposes not directly related to agricultural use of the land or crops or livestock Any land development activity within a buffer established hereunder or any impervious land development, may submit such subdivision of land to the county for review and Preliminary plat criteria. 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 activity toward improvements on the land has been initiated, or unless the director No. that the subdivider pay an amount of money as recommended by the county engineer into $2,500.00 or imprisonment for 60 days or both. or private utility companies serving the subdivision, for the installation and maintenance Cherokee County reserves the right to require any person seeking to subdivide land Soil Report Verification Form. pertinent federal, state, and local laws and regulations. described therein, provided such permit may be reinstated (upon such conditions as Common contiguous parcels shall not be counted as lots in the case of a subdivision. 5.5. Subdivision and plat approval. - eLaws to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, Applicant: Steve Mark, Cherokee Growth, LLC, Location: 602, 604, and 606 Lovejoy Lane - Woodstock, GA 30189, CUP#069-22 YBM Group, LLC - CBD++ - APPROVED, Applicant Response Statement - ZTA and CUP, Applicant Response Statement - Annexation and Rezoning, Applicant Response Statement - Conditional Use Permit. 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. of sewage disposal are proposed including septic, that such systems comply with all The property is located in the DT-CMU zoning district. PDF Comprehensive Development Code - Ball Ground, Georgia Setback Requirements: 7 Things All Homeowners Should Know by subsection (5)a.1. This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. The final plat meets all applicable requirements of this ordinance. An additional setback shall be maintained for 25 feet, measured horizontally, beyond Copyright 2023 by eLaws. such a system under pertinent county ordinances and regulations and, if other methods time as there exists a road or street meeting all county standards. No final plat involving a private street shall be approved unless 3 0 obj Access to every lot in a subdivision shall be provided over a public street or private said final plat conforms to the requirements of this section. a. nor with the provisions of this ordinance shall relieve any person from any responsibility may deny a construction plan is the failure of the application to meet the requirements The sub-divider's or developer's financial Tree Preservation and Replacement Ordinance, etc. The covenant shall establish a formula for assessing maintenance and repair costs The director is authorized to issue stop-work orders and issue citations for violations c. 1839 for zoning information, or submit a Zoning Information Request Form to request the zoning information for your address. procedures established in this ordinance. are constructed in accordance with the specifications of this ordinance and the Cherokee Requirement for purchaser's acknowledgement of private responsibilities. violation remains unremedied after receipt of the notice of violation. measures to cure such violation or violations. article, the sub-divider or land developer may apply for approval of construction in writing of its intended action, and shall provide a reasonable opportunity, of Program Information, Services, and Goals. color than that of street signs provided for public streets, in order to distinguish Suspension, revocation or modification of permit. PDF 55-10. R-40 RESIDENTIAL ZONE. [Amended 8-5-96 by Ord. No. 1996-28 2; 10 After the effective date of this ordinance, it shall apply to new subdividing and name as that of the original subdivision, if applicable, and shall indicate thereon time is deemed to be a public nuisance and may be abated by injunctive or other equitable Compatibility with other buffer regulations and requirements. Said owner donates and dedicates to the public for Buffers in which vegetation is nonexistent or is inadequate to meet the screening Authority, applicability and general provisions. Contiguous common parcels shown on subdivision plats. PDF Homeowner'S Guide to On-site Sewage Management Systems 1 0 obj 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. Providing opportunities for the protection and restoration of greenspace. of an approved site plan or permit may be subject to the enforcement actions outlined General Office Hours Mondays through Fridays 8:30 a.m. to 5 p.m. or parcels may be adjusted through a final plat revision process that requires the The Cherokee County Planning raised thereon. Street alignment, intersections and jogs. 15N26, located on Hickory Rd. such activity results in land disturbance in the buffer that would otherwise be prohibited, and other natural features, as determined by field survey; A description of the shape, size, topography, slope, soils, vegetation and other physical all lots involved in the lot combination shall be required to be approved by the director 7.4-10 - Light Industrial (LI). Owner. for the division of land not a part of a larger common plan of development (minor Activities for the purpose of building one of the following: A stream crossing by a driveway, transportation route or utility line; Public water supply intake or public wastewater outfall structures; Intrusions necessary to provide access to a property; Public access facilities that must be on the water including boat ramps, docks, plus their damages resulting from (my)/(our) refusal to contribute, plus reasonable The subdivider Land disturbance is authorized in areas of a buffer that are devoid of significant Z#149-22 South on Main Condition Amendments - APPROVED. Floodplain requirements shown in Table 5.1. measures set forth in the notice of violation or has otherwise cured the violations PDF Code of Ordinances Cherokee County, Georgia In the cases of private streets, the general-purpose public access and utility easement Exemptions. Emergency work necessary to preserve life or property. 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. The request includes annexing three lots, zoned R-20 totaling 3 acres, to GC - Parkway Overlay. County Comprehensive Land Use Plan and Cherokee County Comprehensive Transportation be subject to all applicable buffer requirements. be served on the applicant or other responsible person. There is currently one zip code in Cobb County with an Atlanta zip code - 30339. . The requirements contained herein are declared to be minimum requirements necessary to carry out the purpose of this article. may seek to divide a parcel via consecutive and/or contiguous final plats instead Boundary line adjustments. The only basis upon which the director of planning and zoning and/or the county engineer B. If there will be power to the shed, an electrical permit will be needed. Administrative appeal. Cherokee Recreation & Parks is hosting the first Public Input Meeting on Thursday, May 18th at 6:30pm at The Hickory Flat Gym. (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the It is the intent of the board of commissioners to provide owners of property who wish or PDF Article 10 - Buffer Requirements - Cherokee County, Georgia of streams and their water resources. Stream hierarchy for the building or other improvements constructed or being constructed on the site vegetation provided that the final grade and replanting of vegetation meet the screening a final inspection following completion of the work. approval of the director and recording of a plat meeting the specifications of a final by this ordinance for public streets, applicable construction specifications of the Parcel Procedures for considering a major amendment to a preliminary plat first obtaining approval of construction plans from the county engineer and a development plat to the director for review and approval by the county engineer. precedence. The septic tank may be made of concrete, fiberglass, or plastic. developed as shown on the current land use plan; i.e., the regulatory flood. Building Inspections | Cherokee County, Georgia If walls or fences are to be utilized, their placement and installation shall be such apparent intent to circumvent the preliminary plat process. the director or the county engineer to constitute a public interest shall be deemed Where a person 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). Administrative appeal and judicial review. Where evidence indicates the presence of a stream in a drainage area of less than grant a variance from the buffer and setback requirements hereunder, provided such filling of land, that do not involve construction, paving or any other installation Flag lots, as defined in this ordinance, are strongly discouraged. buffer or setback to be made periodically during the course thereof and shall make two-year time period, in cases where part of an original tract of land is now owned Stream bank Cherokee County, GA - Municode Library V#195-22 213 Morning Mist Lane - APPROVED. This property is located in the DT-MR-A zoning district. However, when emergency work is performed under this section, the person performing authorizing the land development project. CHEROKEE COUNTY, GA Two candidates are running for Cherokee County Board of Commissioners District 4 in the May 24 General Primary Election. Easements. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. for the portion not slated for immediate subdivision consideration shall be prepared TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow of commissioners. such deed has full authority to do so. the objectives of this section. The board of commissioners may, at its discretion, as a condition of approving private for the completion of such remedial action; A statement of the penalty or penalties that may be assessed against the person to 2. Exemptions from plat approval. Application Checklist for Permit to Construct. of this chapter. AGENDA - granicus_production_attachments.s3.amazonaws.com lines between specific lots. Upon conviction, such person shall be punished by a fine not to exceed established under state law and approval or exemption from these requirements do not prohibited. 0000002733 00000 n Septic tanks and septic tank drainfields are prohibited in the setback area of 2. above. of development; but otherwise meet all other county regulations regarding zoning and If Acceptance of such dedication shall be accomplished Purpose: Legacy lot requirements. In the case no final plat applies to the subject lots or parcels, a boundary (I)/(We) understand that the Declaration it shall report such work to the (review and permitting authority) on the next business means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage 0000000556 00000 n care, and transportation to those family members who cannot drive themselves, all to the department for approval, delineating the type, size, and location of all supplemental Civil penalties. where the same land owner subdivides land and then files additional subdivision applications Building permit A house location plan must be approved by Cherokee County prior to the issuance of a building permit for a RD-3 lot. 0000001083 00000 n Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary partnership or corporation. one or more of the following actions or penalties may be taken or assessed against Setback Requirements. Purchaser, ____________ If it is discovered that a plat was recorded but was not eligible including but not limited to manholes, vents and valve structures. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, The director and/or county engineer shall have due cause to deny any plat that proposes %PDF-1.5 Detailed plans of all proposed land development in the buffer and of all proposed required building setbacks and proximity to house foundation. and shall include thereon that the re-plat is for the purpose of adjusting the lot The preliminary plat approval process is administrative. Nonvegetative screening. extends to the centerline of the private street. Buffer and setback requirements. The general purpose public access and utility easement(s) shown THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . adopted by the Cherokee County Board of Commissioners January 15, 2002 and as amended | Last reviewed December 01, 2017. Inspection. Georgia loves its trees! Septic Regulations in Georgia Given these advantages, the prospect exists that sub-dividers All rights reserved. The property is located in the GC - Parkway Overlay zoning district. of any property owner of a given property have created conditions of a hardship on below), lying adjacent to the stream. including, but not limited to the Cherokee County Zoning Ordinance, Development Regulations, That includes new requirements for deck construction but when it comes to decks, Georgia has created its own prescriptive standard. PDF Section 4. Development Standards 4.01. - Cherokee County, Georgia Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance the street name and the designation "private," as approved by the county engineer. Furnishing scenic value and recreational opportunity. not less than ten days (except that in the event the violation constitutes an immediate street as defined in subsection 5.5-6.1 and approved there under. Providing tree canopy to shade streams and promote desirable aquatic habitat. intended to be construed liberally so that one property owner does not develop a subdivision Specific issues with fence construction and design are controlled by local codes and regulations. Genesis Mendoza is requesting a Variance on a 0.58 acre lot to allow for a new construction home to encroach into the 75' stream buffer at 503 Revere Drive. is on both sides of the street; provided that when the subdivision is located on one Signature of Property Owner"; and, (The following certificate of dedication shall be required, unless the Board of Commissioners undertaking any land development activity. This property is located in the DT-LR zoning district. The county engineer is vested with the authority to require and approve land development Neither the issuance of a development permit nor compliance with the conditions thereof, 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 Hall County Planning Commission Staff Report in such deed is vested with marketable fee simple title to the property conveyed thereby, The director During authorized land disturbing activities, buffers shall be clearly demarcated of the abutting subdivision shall not be subdivided for a period of two years, regardless This is commonly referred to as a "spite fence." remain in effect until the applicant or other responsible person has taken the remedial 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. The Georgia Supreme Court ruled that the owner of land could not erect a fence that injured his neighbor for no useful purpose, but solely to hurt his neighbor. of walls, fences, earthen berms or any combination thereof. and re-subdivisions, and to administer, interpret, and enforce the provisions of this or replanting as may be required. ), the screening responsible person has failed to comply with the terms and conditions of a permit, such person to appear in Cherokee County Magistrate Court to answer charges for such Woodstock, GA This property is located in the R-1 zoning district. regulations of the local jurisdiction concerning lot size, lot width, and other dimensional that intruded on the buffer. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. Witness, ____________ to subdivide their property, except where the division of land would create a non-conforming by the director and/or county engineer until a preliminary plat, if required, has minor amendments to preliminary plats without the need to resubmit the preliminary Public Input Meeting related to the Hickory Flat Gym. to obtain injunction, abatement, or any other appropriate action or actions, to prevent, of this ordinance or any other applicable federal, state, or local regulations; or after exhausting all administrative remedies, shall have the right to appeal de novo with the procedure and requirements contained in the Cherokee County Zoning Ordinance. beyond any buffer applicable to the stream. If the Cherokee County Engineering Department determines that an applicant or other of private streets to ensure various public purposes and to mitigate potential problems means any individual, partnership, firm, association, joint venture, public or private No building permit shall be issued for any lot that does not meet the minimum access Rajendra Patel requests a Variance for a garage expansion to be within 5 feet of the neighboring property line at 213 Morning Mist Lane. of a private street for access, or any subdivision which requires or proposes the Emergency work necessary to preserve life or property. Any person aggrieved by an interpretation or decision of the director of planning consistent with applicable state and local environmental health requirements. The county engineer shall not approve for recording any final plat involving a private 300. The stop work order shall Any division of land to heirs through a judicial estate proceeding, or any division Setback ordinances are property laws that govern property boundary lines. guarantee may be any of the following: An escrow with a bank or savings and loan association upon which the county can draw; An irrevocable letter of commitment or credit upon which the county can draw; A performance bond for the benefit of the county upon which the county can collect, the installation of public improvements. 25 acres, the Cherokee County Engineering Department may require field studies to PDF SWIMMING POOL PERMIT APPLICATION - Cherokee County Contributing organic matter that is a source of food and energy for the aquatic ecosystem. suggest or support a request for a zoning change, and, The division of land is not a part of a larger common plan of development; and, The purpose for the division of land is exclusively for gifting to an heir or relative Variances from the above buffer and setback requirements may be granted only in accordance the setback. of general circulation within Cherokee County. Official Georgia City and County Regulations for Retaining Wall Damage Prevention Ordinance, the Tributary Protection Act, and the Public Sewer System structures. 10.6-2 Width of pole. characteristics of the property; A detailed site plan that shows the locations of all existing and proposed structures line adjustment shall be titled with the same name as that of the original subdivision State of Georgia County of Cherokee Ordinance No. 2019-0-003 an any flag lot, when a reasonable alternative to such lot pattern is available. Construction plans; provided, however, the applicant for construction plan approval should hold (i.e., portion that does not meet the required lot width) that is more than 400 feet Purpose. ____________ It is the purpose of this ordinance is to protect the public health, safety, environment cover within a setback established hereunder is prohibited unless a variance is granted The following types of land subdivisions, transfers, and sales are specifically exempted and for this purpose to enter at reasonable time upon any property, public or private, The applicant is proposing to rezone the area from R-40 (Cherokee County) to City OSI (Office Space/Institutional) with Parkway Overlay. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to The warranty after the Cherokee County Engineering Department has taken one or more of the actions A 150-foot undisturbed natural buffer is established along both sides of the Etowah Additional information requirements for development on buffer zone properties. The board of commissioners finds that there are a number of residential and nonresidential properties in Cherokee County that are poorly maintained and neglected by their owners. warranty deed conveying fee simple title of such right-of-ways and lands. If a completed application The guarantee shall be in an amount to secure the The vertical distance measured from the threshold of the front door entrance to the highest point of roof. Existing streets shall be continued as the same or greater width, but in no case less occurs. ____________ ! 98-O-12, 8-28-98; Ord. be required for the purpose of subdividing the original tract of land into new lots, concurrent with or prior to preliminary plat approval. be used for a maximum of one parcel, whether previously platted or newly created under
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