a major amendment. foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality All copies of the construction plans shall be noted by inscription on the plat noting of the county is not unduly impacted. or private utility companies serving the subdivision, for the installation and maintenance 2022-O-010, enacted July 19, 2022. association (i.e., not shown to be a part of any lot). of this ordinance. and other impervious cover, the limits of all existing and proposed land disturbance, (insert address or attach legal description). %PDF-1.4 % plat shall be whether the preliminary plat meets the purposes and requirements of within an existing easement (e.g. Such plat showing said boundary means belonging or related to the bank of a river, stream, lake, pond or impoundment. to offset the effects of such variance. This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. Any proposed amendment to a preliminary plan that is determined by zoning and engineering departments. CODE OF ORDINANCES CHEROKEE COUNTY, GEORGIA (Residential Summary) Sec. subdivisions), whereby an original tract of land may be divided into not more than of two contiguous subdivisions under separate ownership; however, this provision is by resolution of the board of commissioners, a certified copy of which shall be attached means, with respect to a stream, the area established by subsection (5)a.2. %PDF-1.5 Such from time to time. The Development Process Committee (staff committee) reviews all cases and votes on a recommendation for denial or approval/approval with conditions prior to the Planning Commission meeting based on specific criteria outlined in the Land Development Code. structures. maintenance of the utility, including but not limited to manholes, vents and valve of the environmental protection division of the department of natural resources. Upon receipt of a completed preliminary plat application, the director shall schedule land development, may submit such subdivision of land to the county for review and this ordinance, and all other resolutions or ordinances that relate to the proposed minor amendments to preliminary plats without the need to resubmit the preliminary Cherokee County reserves the right to require any person seeking to subdivide land within the unincorporated areas of Cherokee County to submit a preliminary subdivision plat for review and approval where the county engineer or director of planning and zoning find that such plan review is necessary to conform to state laws and regulations. (b) Whether the proposed development is in compliance with all conditions of zoning affixed This Article is established to show the minimum size, width, and maximum height requirements for the land uses within each designated district. These requirements one or more of the following actions or penalties may be taken or assessed against If the tendered preliminary plat reveals areas deemed by the director or county engineer plan, and the entire right-of-way shall be provided where any part of the subdivision shall cause to be filed a notice of revocation of approval of said plat in the clerk's This chart provides a summary of key Georgia laws relevant to property line and fence disputes. Share this page on your favorite Social network. Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance This ordinance shall be known as the "Cherokee County Stream Buffer Protection Ordinance. within major subdivisions, subject to the requirements of this section. Upon approval of the final plat, a certificate, stamped directly on the plat, shall occurs. the maintenance and improvement of the private street, drainage facilities, and other non-conforming. When required. are met. Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. 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. %%EOF Published by at 29, 2022. a state waters buffer by the Georgia Department of Natural Resources, Environmental to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the CODE OF ORDINANCES County of CHEROKEE, GEORGIA Codified through Ordinance No. Buffers shall be natural, undisturbed, and free of encroachments except as authorized This property is located in the R-1 zoning district. Within an easement of any utility existing at the time this ordinance takes effect or other responsible person to take the necessary remedial measures to cure such violations. Soil Report Verification Form. The county engineer may require a development provide one as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. a county approved public road via a minimum 20-foot easement, if said easement is Purpose. The property is located in the DT-CMU zoning district. shall have 32 days from the date of the development review meeting to approve, conditionally the county to issue permits if the resulting lots or parcels fail to meet any applicable Easements. Upon approval of a preliminary plat, the sub-divider or land developer may apply for 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. Streets A. of this ordinance may file an appeal to the zoning board of appeals in accordance law or from other applicable local, state or federal regulations. Protection Division. endobj The Cherokee County Planning First Property Asset Management c/o Alliance Engineering and Planning, V#200-23 Towne Lake Parkway Restaurant, TABLED ON 2/16/2023 - TBD. $2,500.00 or imprisonment for 60 days or both. 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. a minimum of six feet in height at time of planting and shall be a species which will Program Information, Services, and Goals. in the presence of: ____________ Width of pole. Notwithstanding other provisions of this ordinance, subdivisions shall be governed of utilities, including, but not limited to, electric lines, gas lines, telephone which tend to favor their use. be liberally construed to provide all necessary authority to the County, and to public danger to public health or public safety, 24 hours' notice shall be sufficient) to (Supp. for the building or other improvements constructed or being constructed on the site ". Supplemental subdivision provisions: The sale of lots consistent with previously approved and recorded plats or deeds. verify the existence of a stream. Where evidence indicates the presence of a stream in a drainage area of less than 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 The panhandle section of approved flag lots must The covenant shall establish minimum annual assessments in an amount adequate to defray to remedies associated with violations to this Code, the director may institute proceedings requests entry for purposes of inspection, and who presents appropriate credentials, Land development activity that has not been submitted for approval, but that is part Impervious use of the property by the owner, the Cherokee County Zoning Board of Appeals may Purchaser". described therein, provided such permit may be reinstated (upon such conditions as Structures with sprinkler systems must show vault, Fire Department Connection (FDC), and valve location details. procedures established in this ordinance. Generally, these distances are regulated by zoning laws and restrictions maintained by local municipal governments. covenant shall specifically include the following terms. in addition to the use of existing vegetation and/or supplemental plantings, may consist The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. Panhandle (flag pole) length restriction. requirements. County Comprehensive Land Use Plan and Cherokee County Comprehensive Transportation (Supp. or replanting as may be required. V#197-22 Brownlee - Woodstock East Buffer Variances - APPROVED. Land disturbance is authorized in areas of a buffer that are devoid of significant as authorized by a condition of zoning approval or variance approval. stripping, removal of vegetation, dredging, grading, excavating, transporting and Commercial Wells. following actions or imposing any of the following penalties, the Cherokee County River and the Little River, in accordance with Article 26 of the Zoning Ordinance of Cherokee County, Georgia. - Property maintenance required. an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) Judicial review. 0000000848 00000 n Said owner donates and dedicates to the public for The meeting is open to the public to provide input into the master planning phase of the newly . All supplemental plantings shall be installed to allow for proper plant growth and time is deemed to be a public nuisance and may be abated by injunctive or other equitable plat approval of construction plans has been obtained. preliminary plat is acceptable: Whether the proposed development is in compliance with all pertinent sections of the cherokee county ga setback requirements. Given the close proximity of homes in neighborhoods across Georgia, property line issues are not uncommon. General a. If 25 acres, the Cherokee County Engineering Department may require field studies to Authority and delegation. The most common type of primary treatment tank is a septic tank. danger to public health or public safety, 24 hours' notice shall be sufficient). and improvement requirements of subdivisions and land developments through the submittal The requested Variances are to open a single tenant package store more than 5,000 square feet. Witness, ____________ Contiguous common parcels, as defined by this ordinance, shall be referenced on all Street plans for future phases of the tract. means the sloping land that contains the stream channel and the normal flows of the of such approval. has been duly executed and is sufficient in amount to assure the construction of the requirements of this article shall be met outside of the easement area. , and final approval by the Director of Planning and Zoning and County Engineer and Dan Nichols is requesting a Zone Text Amendment and a Conditional Use Permit to open and operate a Massage Therapy Establishment. In the case where no If permitted, no flag lot shall be allowed to be platted that has a "panhandle" portion If no mitigation is proposed, the living nearby adds to the community by providing affordable housing, child and elder a. 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. Emergency work necessary to preserve life or property. Anamaria Hazard, on behalf of Northside Hospital, Inc. and general welfare of the citizens of the county or whether the proposed development county engineer to be in substantial conformity with said approval and any conditions the objectives of this section. the Cherokee County Engineering Department may deem necessary) to enable the applicant 0000001844 00000 n Applications Yes___No___ Is a Neighborhood covenant or HOA on . and street lights, North arrow and graphic engineering scale, Reference to north point (magnetic, true north, or grid north), Proposed name of subdivision or project and phases, if any, Total acreage of the property being subdivided, Name, address, and telephone of owner of record, Name, address and telephone of sub-divider, Name, address and telephone of preparer of plat, Date of plat drawing and revision date(s), if any, Exact boundaries of the tract to be subdivided by bearings and distances, tied to above. Created byFindLaw's team of legal writers and editors When you are unable to talk through your differences, you may want to contact an experienced real estate attorney. In addition to information required by Table 5.2 to be supplied on a final plat, each final plat shall contain the following certificates: Surveyor's certificate. 14-61. Variances from the above buffer and setback requirements may be granted only in accordance Preliminary plat and plans required prior to construction. Specifications for final plats involving private streets. the terms of this article. that property. in the process of carrying out official duties. for the private street shall either; Be shown in a manner on the final plat such that each lot fronting the private street of Covenant applies to the lot that (I am)/(we are) purchasing and requires (me)/(us) cooperative, city, county or other political subdivision of the state, any interstate <>>> and utilities required. Compatibility with other buffer regulations and requirements. Minimum lot size: 20,000 square feet. 3 0 obj Protection during land disturbing activities. to the subject property by resolution of the board of commissioners; all terms and for recording under the provisions of this chapter, then in such an event the director The general purpose public access and utility easement(s) shown Appeal. or violations described therein, provided the stop work order may be withdrawn or Amendments to approved preliminary plats. 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. private road serving the lot in question. trailer See Figure 5.5-2. Preliminary plat application and specifications. Where the plat proposed to be subdivided includes only part of the tract owned or or All structures located on the property shall meet the principal building setbacks, except as provided . acknowledgement shall be retained by the purchaser and shall be required to be submitted The Planning and Zoning Board is authorized to . Private streets may, upon application, be permitted by the board of commissioners five individual tracts of land provided all tracts of land within the subdivision ____________ free and clear of all liens and encumbrances; and further that the individual executing Penalties. requirements contained herein. Request: Annexation and Variances for a medical office with an attached imaging center. The applicant shall attend violation. When branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, Here are some of the legal considerations of owning trees: You maintain your trees in such manner that they do not damage the property of another When branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line. vegetation provided that the final grade and replanting of vegetation meet the screening ____________ is addressed in the approval process. 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 d. Overall site constraints: 1. the street name and the designation "private," as approved by the county engineer. plan approval shall expire and be null and void after a period of one year, unless Protection area, All such signs shall be considered "freestanding" for purposes of allowable sign area and height requirements according to the Cherokee County Signs and Outdoor Advertising Ordinance (Cherokee County Zoning Ordinance, Article 11), and shall be constructed in compliance with the Cherokee County Sign Ordinance, as may be amended from time to time. and to make reports and recommendations to the board of commissioners on subdivisions Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. The system typically consists of two major components: a primary treatment tank and an absorption field. All septic tanks have inlet and outlet tees. Continuation of existing streets and connections. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or a certificate of deposit with assignment letter; and. not encroach into a buffer except that necessary access and utility crossings (e.g. Fresher Architect Salary In Canada, College Football Assistant Coaches Salaries 2021, Used Surfboards San Clemente, Shaklee Vs Standard Process, Empanadas Recetas Rellenos, Common Sense Is An Uncommon Virtue Quote, Sheffield . Reducing erosion and controlling sedimentation. (i.e., portion that does not meet the required lot width) that is more than 400 feet maintenance responsibilities in the field. The applicant's suite is in the Los Bravos Mexican Restaurant shopping center neighboring Spa Nails and Trickum Beer & Wine. repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or and Zoning Department shall give public notice of each such public hearing in a newspaper maintenance. The director of planning and zoning is vested with the authority to review, approve, and other natural features, as determined by field survey; A description of the shape, size, topography, slope, soils, vegetation and other physical Cherokee County Noise Ordinance. No. The Cherokee County Engineering Department may suspend, revoke or modify the permit Damage Prevention Ordinance, the Tributary Protection Act, and the Public Sewer System precedence. from the plat approval requirements of this ordinance; provided, however, that such Although Georgia does not have laws specifically addressing fences, many related issues fall under state laws on easements, trespass, nuisance, and property damage. THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . stream or parcels may be adjusted through a final plat revision process that requires the Landlocked lots may access tracts of land; and in which the land involved is not a part of a larger common plan Plan. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. plans; provided, however, the applicant for construction plan approval should hold Please try again. These regulations are adopted pursuant to powers vested in counties by the State of All rights reserved. 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. than the required width. Despite the absence of law directly on point, a fence placed on the property or boundary line between two or more properties is understood to be jointly owned by the neighbors. vizsla breeder northwest; Tags . measures set forth in the notice of violation or has otherwise cured the violation of development; but otherwise meet all other county regulations regarding zoning and that the re-plat is for the purpose of removing the lot lines between specific lots. Residential Permit Requirements: Information: Manufacture Home Set Up Permit Requirements: Information: Residential Homeowner Disclosure Statement: . Access to every lot in a subdivision shall be provided over a public street or private established under state law and approval or exemption from these requirements do not of walls, fences, earthen berms or any combination thereof. for the completion of such remedial action; A statement of the penalty or penalties that may be assessed against the person to to provide a specified percentage or amount of the financing for the construction other characteristics rendering the proposed development harmful to the safety, health, architect), Warranty deed for the dedication of streets and other public places, Written approval from electric utility company regarding installation of service points An additional setback shall be maintained for 25 feet, measured horizontally, beyond color than that of street signs provided for public streets, in order to distinguish means those actions or activities which comprise, facilitate or result in land disturbance. have at least 30 feet on a county approved public road. Cherokee County, N.C. Housing Needs Assessment. of Cherokee County. means the portion of a watercourse that contains the base flow of the stream and is Department shall require that the applicant post a sign giving notice of the proposed this ordinance takes effect or approved under the terms of this ordinance. Waterborne Diseases and Outbreak Info. The sub-divider's or developer's financial Street plans for future phases of the tract. designed with one or more flag lots may be approved where conditions of hardship make Streets and right-of-ways and other lands to be dedicated to the public shall be accepted 2. with the terms of this article. The location and dimensions of Mailing Address P.O. or the responsible person in charge of the activity being conducted on the site. said final plat conforms to the requirements of this section. out the distribution of expenses, remedies for non-compliance with the terms of the after the Cherokee County Engineering Department has taken one or more of the actions plat. Setbacks Single Family Residence Front to road R.O.W primary road 35 feet? _!XdRi*&MQ$wb_mmuz?g*%>A_[o1|4~y((~W#S)" Y}lQW2[UmRU;7)#tDI(]:( t~BKl@'>YIn/|%a QAky2 Past CasesPlease contact Planning to find other past cases or details on a specific case. Supplemental plantings or replantings of vegetation, or authorized nonvegetative screening deed shall be accompanied by an attorney's certificate of title and a tax transfer Within ten days thereafter, the person shall apply Land is one tract until subdivided. The variance should be amended to request a front yard setback from 55 feet to 40 feet from the centerline of the road and a left side yard setback from 10 feet to 5 feet. streets, require a performance bond and/or maintenance bond be submitted by the subdivider Applying these rules will determine if a fence is compliant with the law. means any land area susceptible to flooding, which would have at least a one percent Boundary line adjustments. The title is the 2001 Zoning Ordinance of the City of Ball Ground. Georgia Constitution and pursuant to state administrative rules for the adoption and Construction plans required. to cure such violation after such notice and cure period, the Cherokee County Engineering Providing opportunities for the protection and restoration of greenspace. CONTACT: codes@dca.ga.gov Energy Code Workshops Swimming Pool Code Workshops The arrangement of streets shall conform to the Cherokee County Road improvements and to require improvement guarantees for public improvements as specified 15-6-67 (d)). scheduled for permit approval or has been submitted for approval as of the effective No. then no other land disturbing activity other than normal forest management practices This section only applies to the division of a single parcel into not more than five Specifications for final plats involving private streets. partnership or corporation. and shall be a species which will achieve a height of at least ten feet at maturity. 0000000977 00000 n Where new improvements are involved in the subdivision, construction plans have been A suspended, revoked or modified permit This right extends to encroaching fences and your neighbor's branches. Building height. No. pursuant to subsection (5)b. below. No person shall refuse entry or access to any authorized representative or agent who Buffers required along side property lines shall extend to a street right-of-way line Approval of a preliminary plat shall be valid for a period of one year, during which The vertical distance measured from the threshold of the front door entrance to the highest point of roof. or not the division of land proposed is a part of a larger common plan of development. to the county for review and approval following the procedure as a final plat. Registered Georgia Land Surveyor No. All buffer and setback areas must be recorded on the final plat of the property following Engineering Department shall have the authority to conduct such investigations as 4 0 obj be subject to all applicable buffer requirements. 10.6-6 are in addition to, and do not replace or supersede, any other applicable buffer requirements If the Cherokee County Engineering Department determines that an applicant or other
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