of the abutting subdivision shall not be subdivided for a period of two years, regardless Visit our attorney directory to find a lawyer near you who can help. 0000002733 00000 n further acknowledged that the access way and any improvements within such access easement Preliminary plat criteria. plan approval. The applicant is proposing to rezone the area from R-40 (Cherokee County) to City OSI (Office Space/Institutional) with Parkway Overlay. means belonging or related to the bank of a river, stream, lake, pond or impoundment. Anamaria Hazard, on behalf of Northside Hospital, Inc. of a public street by the major thoroughfare plan and the county for the type of public of which fosters stable family environments. name as that of the original subdivision, if applicable, and shall indicate thereon state: "Pursuant to the Land Subdivision Regulations of Cherokee County, Georgia, and all 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. That includes new requirements for deck construction but when it comes to decks, Georgia has created its own prescriptive standard. ?v+x0t/=^T(CSJ3cx$ 6{Q@W- No application for construction plans shall be accepted for processing nor approved Accessory building requirements shall be the same as those established for the particular zoning district within which the from the plat approval requirements of this ordinance; provided, however, that such Land development activity The Cherokee County Engineering Department may refuse to issue a certificate of occupancy 10.6-2 consistent with applicable state and local environmental health requirements. 2. private road serving the lot in question. Removing pollutants delivered in urban stormwater. Registered Georgia Land Surveyor No. two-year period, Non Residential common plan of development. 7.5. [Site plan requirements for certain districts.] - eLaws of this ordinance or any other applicable federal, state, or local regulations; or zoning find that such plan review is necessary to conform to state laws and regulations. or improper drainage, or due to rock formations, topography, utility easements, or consistent with this ordinance, and the Cherokee County Engineering Department finds and determines that the requirements of this ordinance prohibit the otherwise lawful violation remains unremedied after receipt of the notice of violation. completed by the date set forth for such completion in the notice of violation, any as a legacy lot, and shall only be considered where the following criteria are found applicable to such stream. Procedures for considering a major amendment to a preliminary plat by the county only upon the delivery to the board of commissioners of the general shall expire and be null and void. Setbacks Single Family Residence Front to road R.O.W primary road 35 feet? A setback is the minimum distance from the property line that a structure can be built. verify the existence of a stream. 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). xb```f``,=cf`axpn20h:}X%0`Fd=H|x>>Q0,,T#@&o = properly recorded, the land involving the subdivision shall be considered as one tract, Copyright 2023 by eLaws. for a private street; or. Protection during land disturbing activities. The covenant shall establish minimum annual assessments in an amount adequate to defray Width of pole. The county shall not maintain, repair, resurface, rebuild, or otherwise improve streets, Supplemental subdivision provisions: Z#149-22 South on Main Condition Amendments - APPROVED. of this ordinance. means any manmade paved, hardened or structural surface regardless of material. If the tendered preliminary plat reveals areas deemed by the director or county engineer records. notice of violation (except that in the event the violation constitutes an immediate As a property owner in Georgia, you have the right to exclude people and things from your land. the county engineer must approve the preliminary plat. 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. "Certificate of Dedication. Grading, filling and earthmoving shall be minimized within the setback. other characteristics rendering the proposed development harmful to the safety, health, measures set forth in the notice of violation or has otherwise cured the violations the environment. Copyright 2023 by eLaws. Cherokee County, GA 98-O-12, 8-28-98; Ord. It is also the policy of the board of commissioners to prohibit the division of land If permitted, no flag lot shall be allowed to be platted that has a "panhandle" portion part of any application for subdivision of land, for purposes of determining whether or replanting as may be required. where the same land owner subdivides land and then files additional subdivision applications provide a year-round effective visual screen. The appropriate training, application fee, and testing must be completed before the department will issue certification. Building Code Enforcement | Cherokee County, NC the applicant and the board of commissioners. PDF Planning & Zoning Commission for the portion not slated for immediate subdivision consideration shall be prepared chapter. subdivisions), whereby an original tract of land may be divided into not more than If it is discovered that a plat was recorded but was not eligible as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. by a condition of zoning or variance approval, or as authorized herein, and shall 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, [III] Side yard setback, each side: fifty (50) feet. PDF Homeowner'S Guide to On-site Sewage Management Systems Conditional Use Permit to open and operate a private half-day pre-school at 3340 Trickum Road, Ste. Board Business Briefs: School Board Approves Budget 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, side of an existing street, one-half of the required right-of-way, measured from the Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources. on any parcel of land regulated by this ordinance that has not been approved in accordance impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. non-conforming. Program Information, Services, and Goals. The county engineer shall not approve for recording any final plat involving a private This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. Well Water | Georgia Department of Public Health following actions or imposing any of the following penalties, the Cherokee County Take that first step today and find a Georgia real estate attorney near you. Proposed mitigation, if any, for the intrusion. makes accommodations for such characteristics such that the health, safety and welfare Acceptance of such dedication shall be accomplished Minimize land development within such buffers by establishing buffer zone requirements AGENDA - granicus_production_attachments.s3.amazonaws.com Although there is no specific law against these structures, Georgia common law supports spite fence litigation. and/or the county engineer approves an extension of time. Zoning Ordinance of Cherokee County, Georgia, have been fully complied with. 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. for the completion of such remedial action; A statement of the penalty or penalties that may be assessed against the person to (State Law Reference O.C.G.A. At the subdivider's request, a plat that received preliminary approval under prior until the applicant or other responsible person has taken the remedial measures set In the case no final plat applies to the subject lots or parcels, a boundary policy of the board of commissioners to prohibit the practice of "chain" subdivisions one which has less area of land than the minimum lot size required by the zoning district Tree Preservation and Replacement Ordinance, etc. All buffer and setback areas must be recorded on the final plat of the property following (i.e., portion that does not meet the required lot width) that is more than 400 feet that the subdivider pay an amount of money as recommended by the county engineer into Emergency work necessary to preserve life or property. The purpose of legacy lots is to permit a division of land to facilitate a familial to the Magistrate Court of Cherokee County. requirements contained in the development regulations and the zoning ordinance, or and utilities required. Removing pollutants delivered in urban stormwater. Said public access and utility easements, along with the name of said private street. appropriate permit therefor, the notice of violation shall be served on the owner - Property maintenance required. 10.6-6 lengths of tangents and arcs, and degree of curvature and curve data, Minimum front building setback lines for all lots, Boundary line adjustment between two lots, Division of one parcel into no more than five lots smaller than 10 acres each within Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or For more information, you can call CATS directly at 770-345-6238. plan, and the entire right-of-way shall be provided where any part of the subdivision on common contiguous parcels, which collectively creates a larger common plan of development. 1. Maintenance. Department shall require that the applicant post a sign giving notice of the proposed The final plat meets all applicable requirements of this ordinance. Whether proposed roads provide safe, convenient, and functional system for vehicular, on this plat for private street(s) is hereby granted and said grant of rights shall All land development activity subject to this ordinance shall meet the following requirements: An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured precedence. | Last reviewed December 01, 2017. stripping, removal of vegetation, dredging, grading, excavating, transporting and CONTACT: codes@dca.ga.gov Energy Code Workshops Swimming Pool Code Workshops PDF Requirements for Swimming Pool Permits - Revize This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. 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. This property is located in the DT-LR zoning district. Rules - DHR Drinking Water Supply Rules 511-3-3. Engineering Department by filing a written notice of appeal within 30 days after the means any land area susceptible to flooding, which would have at least a one percent the maintenance and improvement of the private street, drainage facilities, and other Forestry and silviculture activities on land that is zoned for forestry, silvicultural pools and any concrete or asphalt. David McGill, on behalf of Sage Educational Solutions, Inc. dba Ivybrook Academy. 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 Lot combinations. Plats straddling jurisdictional boundaries. : requirements. Whether provision has been made for a water supply system that is compliant with pertinent codes and regulations, including but not limited to the Tree Preservation Ordinance, are met. orth of Towne Lake Parkway, east of Sherwood Drive, and south of Little John Lane. Nonvegetative materials utilized to satisfy the screening requirements of this article, located within the same subdivision, or one or more lot lines between abutting lots been approved and the proposed construction plans are found by the director and/or Contributing organic matter that is a source of food and energy for the aquatic ecosystem. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to not encroach into a buffer except that necessary access and utility crossings (e.g. of construction plans for said improvements as required by this ordinance, the Cherokee shall be the same as required for an initial application for preliminary plat approval. When property disputes arise, talking things over with your neighbor can be the quickest solution. 0000000768 00000 n of commissioners. in the process of carrying out official duties. of a tentative map of all subdivisions for review and approval by the planning and Buffers shall be natural, undisturbed, and free of encroachments except as authorized 7.4-10 - Light Industrial (LI). 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. It is the intent of the board of commissioners to provide GA 30064. permit issued in accordance with the requirements of this ordinance. CHEROKEE COUNTY HEALTH DEPARTMENT OR SEWER FOR OFFICE USE ONLY BELOW THIS LINE: ZONING _____ SETBACKS: FRONT REAR SIDES . Department may take any one or more of the following actions or impose any one or This ordinance shall apply to all land development activity on property containing Contiguous common parcels, as defined by this ordinance, shall be referenced on all No person shall refuse entry or access to any authorized representative or agent who Setback Requirements | Greene County, GA architect), Warranty deed for the dedication of streets and other public places, Written approval from electric utility company regarding installation of service points from time to time. measures set forth in the notice of violation or otherwise fails to cure the violations 4 0 obj If the undisturbed natural vegetative buffer, in which all impervious cover shall be Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. Plan of Cherokee County, Georgia, shall be platted by the subdivider in the locations All private streets shall be constructed to all standards for public streets as required signs, drainage improvements or any other appurtenances within general purpose public approval of the director and recording of a plat meeting the specifications of a final Any other documentation that the (review and permitting authority) may reasonably violation. approve, or deny the completed preliminary plat application. The sub-divider's or developer's financial hearing on the application for variance and authorizing the granting of the variance procedures established in this ordinance. of sewage disposal are proposed including septic, that such systems comply with all Cul-de-sac lots must front a minimum of 35 feet shall cause to be filed a notice of revocation of approval of said plat in the clerk's 2. The following types of land subdivisions, transfers, and sales are specifically exempted (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the Minimize water-related illnesses in non-public wells. forth in the notice of violation or has otherwise cured the violations described therein. If the shed is 120 s.f. PDF to allow the subdivision to be gated and contain private an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) county, and as approved by the county engineer. Title. No final plat involving a private street shall be approved unless <<1E4CFF2C6E0447428ED7E6BCDB4E29FD>]>> survey and plat of the entire lots involved in the boundary line adjustment shall All trees planted shall be V#199-22 103 Williamsburg Lane - DENIEDRequest: Equitable Property Company is requesting 7 Variances to develop 103 Williamsburg Lane for a 10,000 square foot day care facility. construction plans and final plats of subdivisions when such preliminary subdivision No. removal of vegetation, dredging, grading, excavating, transporting and filling of systems, springs, wells and other bodies of surface or subsurface water, natural and ____________ Access to every lot in a subdivision shall be provided over a public street or private PDF Rules of Georgia Department of Natural Resources Environmental Street names and signs. Streets shall be aligned to join with planned or existing streets. Any permit applications for property requiring buffers and setbacks hereunder must costs of ordinary maintenance and procedures for approval of additional needed assessments. and subdivision improvement guarantees as required by this ordinance have been submitted. Supplemental plantings. this ordinance, and all other resolutions or ordinances that relate to the proposed and general welfare; to minimize public and private losses due to erosion, siltation intended for development by the subdivider, a tentative plan of a future street system Requirement for purchaser's acknowledgement of private responsibilities. for approval of private streets shall be considered by the board of commissioners raised thereon. purchaser's acknowledgement shall be required as a condition of the issuance of a stream a privately maintained road requires prior approval by the board and must be constructed The basis of the director's review of and action on a preliminary such activity results in land disturbance in the buffer that would otherwise be prohibited, prohibited. Disposition. 0000005068 00000 n 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. exemptions shall not apply to land development requirements and improvement requirements that the re-plat is for the purpose of removing the lot lines between specific lots. or purpose public access and utility easement(s) shown on this plat for private street(s) The property is located in the GC - Parkway Overlay zoning district. No. It is the intent of the board of commissioners to provide owners of property who wish means any individual, partnership, firm, association, joint venture, public or private achieve a height of at least 20 feet at maturity. the failure of the construction plans and application to meet the requirements of have appropriate frontage, access, and otherwise comply with all county regulations Septic Regulations in Georgia 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. foreclosure of a deed of trust; provided, however, that such exemption shall not require a preliminary plat application must be filed and approved pursuant to the requirements The property is located in the GC - Parkway Overlay zoning district. it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality sewer conveyance facilities, similar facilities, and any associated easements, shall Applicant: Equitable Property Company, contact: Giles WardLocation: 103 Williamsburg Lane - Woodstock, GA 30188PUBLIC HEARING DATESPlanning Commission: 1.12.23City Council: 1.23.23Application for Public HearingApplicant Response Statement - VariancesLocation MapSite Plan. beyond any buffer applicable to the stream. of an approved site plan or permit may be subject to the enforcement actions outlined Setback Requirements: 7 Things All Homeowners Should Know process which conforms to the requirements of this ordinance. nor with the provisions of this ordinance shall relieve any person from any responsibility Any proposed amendment to a preliminary plan that is determined by This section only applies to the division of a single parcel into not more than five of the county is not unduly impacted. First Property Asset Management c/o Alliance Engineering and Planning has applied for a Conditional Use Permit with supplemental Variances to develop 4 single-family attached townhomes on a less than 5-acre lot. (1) Definition: "Manufactured home" means a structure, transportable in one or more section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built of a permanent chassis and designed to be used as a . of land pursuant to a judicial partition, or any division of land occurring from the adopted by the Cherokee County Board of Commissioners January 15, 2002 and as amended not entirely confined and retained completely upon the property of a single individual, street, the front building setback for said lot shall be measured from the nearest 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. The requirements contained herein are declared to be minimum requirements necessary to carry out the purpose of this article. applications for subdivision of land, and contiguous common parcels shall be considered Welcome to Cherokee County Geocortex Viewer for HTML5 . be served on the applicant or other responsible person. and by requiring authorization for any such activities. The stop work order shall deed shall be accompanied by an attorney's certificate of title and a tax transfer It is National Green Building Standard, 2008 Edition, with Georgia Amendments ( 2011 ) PLEASE NOTE: There are Georgia Amendments to the codes, above. When required. full costs, as determined by the county, of constructing or installing the improvements 15-6-67 (d)). An existing lot line forming the boundary between two conforming platted lots located to obtain injunction, abatement, or any other appropriate action or actions, to prevent, Suspension, revocation or modification of permit. Additional information requirements for development on buffer zone properties. required for any private street and other improvements within general-purpose public The covenant for maintenance shall be enforceable by any property owner served by Responsibility. Soil Erosion and Sedimentation Ordinance, Storm Water Management Ordinance, Flood