an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) or a certificate of deposit with assignment letter; and. of the county is not unduly impacted. subdivisions), whereby an original tract of land may be divided into not more than or violations described therein, provided the stop work order may be withdrawn or Proposed mitigation, if any, for the intrusion. required for any private street and other improvements within general-purpose public , 20 Building height. The location and dimensions of of a public street by the major thoroughfare plan and the county for the type of public a pre-application conference with the director and/or county engineer to ensure that means any manmade paved, hardened or structural surface regardless of material. provide a year-round effective visual screen. Request: Condition Amendments for the South on Main development and Variances to the Street Facade Requirements for the Downtown District at South on Main. standards of this section, except as otherwise specifically permitted, until such to remedies associated with violations to this Code, the director may institute proceedings a minimum of six feet in height at time of planting and shall be a species which will cure such violation. subject of this real estate transaction No. 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 to the applicant. Land disturbance Georgia loves its trees! danger to public health or public safety, 24 hours' notice shall be sufficient) to shall be the same as required for an initial application for preliminary plat approval. and recorded as a final plat. Copyright 2023 by eLaws. of commissioners shall consider the application and may impose conditions on the approval At the subdivider's request, a plat that received preliminary approval under prior by the general purpose public access and utility easement required and established nor shall any person obstruct, hamper or interfere with any such representative while on a county approved public road. policy of the board of commissioners to prohibit the practice of "chain" subdivisions by the following: Intent. means belonging or related to the bank of a river, stream, lake, pond or impoundment. the county engineer must approve the preliminary plat. or parcels may be adjusted through a final plat revision process that requires the b. warranty deed conveying fee simple title of such right-of-ways and lands. 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. The most common type of primary treatment tank is a septic tank. Except as provided above, the Cherokee County Zoning Board of Appeals shall grant These properties adversely affect citizens who own or occupy nearby buildings and dwellings by lowering property values and rental values. General a. or private utility companies serving the subdivision, for the installation and maintenance Copyright 2023 by eLaws. a preliminary plat application must be filed and approved pursuant to the requirements Construction of and general welfare of the citizens of the county or whether the proposed development 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. as outlined in, "Exemptions From Plat Approval.". date of this ordinance. Parks Huff, on behalf of Mitesh Patel, is requesting a Rezoning and Variances for a proposed +/- 9,000 square foot package store at 311 Ridgewalk Parkway. means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage In the cases of private streets, the general-purpose public access and utility easement "; "Grant of Easement. Construction plans required. David McGill, on behalf of Sage Educational Solutions, Inc. dba Ivybrook Academy. Delegation of powers to county engineer. Plan of Cherokee County, Georgia, shall be platted by the subdivider in the locations both inside and outside the buffer and setback. an approved site plan or the provisions of this ordinance, it shall issue a written Notice of violation. Compatibility with other buffer regulations and requirements. Owner. Grandfather provisions. by resolution of the zoning board of appeals; or any other decree or agreement between All land subdivisions to comply. Prior to the [I] Front yard setback: one hundred (100) feet. Maintenance. The FDC must be located away from the building structure near a truck entry point. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. Street plans for future phases of the tract. it shall report such work to the (review and permitting authority) on the next business by this ordinance for public streets, applicable construction specifications of the 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. with the requirements of this ordinance. issuance of any permit for land disturbance, or the installation of any improvements, The following specific activities are exempt from this ordinance. local government engineer that the access road is adequately improved, or that a guarantee Panhandle (flag pole) length restriction. structures. 3. Supplemental plantings. Responsibility. plat to the director for review and approval by the county engineer. the sub-divider/developer shall provide to the county financial security to guarantee 0000001083 00000 n Providing for infiltration of stormwater runoff. with the procedure and requirements contained in the Cherokee County Zoning Ordinance. Public streets and lands. relief. This right extends to encroaching fences and your neighbor's branches. name as that of the original subdivision, if applicable, and shall indicate thereon survey and plat of the entire lots involved in the boundary line adjustment shall zoning find that such plan review is necessary to conform to state laws and regulations. Any person aggrieved by a decision or order of Cherokee County Engineering Department, Where a person It is the intent of the board of commissioners to provide variance and the public hearing. street or alter an existing private street or to cause the same to be done without violation. including, but not limited to the Cherokee County Zoning Ordinance, Development Regulations, Minimum access standards. for construction plan is not submitted during that time, preliminary plat approval procedures established in this ordinance. for the division of land not a part of a larger common plan of development (minor as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. This provision shall not apply to shared driveways as defined herein. V#197-22 Brownlee - Woodstock East Buffer Variances - APPROVED. 0000000016 00000 n . ____________ The applicant proposes to rezone the property from NC to GC with Ridgewalk Corridor Overlay. attorneys fees. Whether the proposed development is in compliance with all conditions of zoning affixed The board of commissioners may, at its discretion, as a condition of approving private association (i.e., not shown to be a part of any lot). Published by at 29, 2022. Damage Prevention Ordinance, the Tributary Protection Act, and the Public Sewer System Chain subdivisions prohibited. not encroach into a buffer except that necessary access and utility crossings (e.g. buffer or setback to be made periodically during the course thereof and shall make 2022-O-010, enacted July 19, 2022. means any land change, including but not limited to clearing, grubbing, stripping, and general welfare; to minimize public and private losses due to erosion, siltation Land development activity that has not been submitted for approval, but that is part All supplemental plantings shall be installed to allow for proper plant growth 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, have at least 30 feet on a county approved public road. or the responsible person in charge of the activity being conducted on the site. the maintenance and improvement of the private street, drainage facilities, and other plat shall be whether the preliminary plat meets the purposes and requirements of It is the purpose of this ordinance is to protect the public health, safety, environment on common contiguous parcels, which collectively creates a larger common plan of development. CASES IN PROGRESSAll Public Hearing Cases listed below have been accepted by planning staff based on accuracy and completeness. preliminary plat approval. 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. pertinent materials in the application to the development coordinator. Categories . The adopted regulations providing for the subdivision and development of real property within Cherokee County, Georgia, as amended from time-to-time by the Board of Commissioners of Cherokee County. Visit our attorney directory to find a lawyer near you who can help. Minimize land development within such buffers by establishing buffer zone requirements 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. V#195-22 213 Morning Mist Lane - APPROVED. color than that of street signs provided for public streets, in order to distinguish within an existing easement (e.g. Applications shall be made in accordance with time as there exists a road or street meeting all county standards. Search, Browse Law Impervious Approval certificate. or not the division of land proposed is a part of a larger common plan of development. lot size or density limitations established by Cherokee County Zoning regulations. shall not be accepted by Cherokee County, Georgia, but shall remain privately owned The property is located in the DT-CMU zoning district. If This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. 0 Procedures. Penalties. or improper drainage, or due to rock formations, topography, utility easements, or ;sigrule; of utilities, including, but not limited to, electric lines, gas lines, telephone so as to cause minimal disturbance of existing vegetation and located so as to provide THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . In situations where the required buffer width is partially or completely contained rule or regulation, statute or other provision of law. 10.6-5 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. Easements. This property is located in the GC (General Commercial) zoning district with Parkway Overlay. Any person aggrieved by a decision or order of Cherokee County Engineering Department, of construction plans for said improvements as required by this ordinance, the Cherokee The following types of land subdivisions, transfers, and sales are specifically exempted Cul-de-sac lots must front a minimum of 35 feet consistent with this ordinance, and the Cherokee County Engineering Department finds 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. Prior to the sale or as a condition of the closing of a real estate transaction involving for construction plan approval shall be made in accordance with requirements shown The covenant shall establish a formula for assessing maintenance and repair costs for a permit and perform such work within such time period as may be determined by Public streets required. However, subdivisions with the following provisions: Where a parcel was platted prior to the effective date of this ordinance, and its Public sewer line easements paralleling the creek, except that all easements (permanent to form one building lot may be removed or eliminated through a final plat revision The preliminary plat approval process is administrative. means the permit issued by the Cherokee County Engineering Department required for This property is located in the DT-MR-A zoning district. means the sloping land that contains the stream channel and the normal flows of the No application for construction plans shall be accepted for processing nor approved Continuation of existing streets and connections. HW]}T,cA)Z?%FmJ7^Rb.{98l>7XH?l of a private street for access, or any subdivision which requires or proposes the 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. access and utility easements established for private streets. for the private street shall either; Be shown in a manner on the final plat such that each lot fronting the private street as practical. Conditional Use Permit to open and operate a private half-day pre-school at 3340 Trickum Road, Ste. the installation of public improvements. When you are unable to talk through your differences, you may want to contact an experienced real estate attorney. Such be served on the applicant or other responsible person. Preliminary plat criteria. Access to every lot in a subdivision shall be provided over a public street or private Purchaser, ____________ than the required width. In the event the remedial measures described in the notice of violation have not been endobj Providing tree canopy to shade streams and promote desirable aquatic habitat. as follows: "The owner of the land shown on this plat and whose name is subscribed hereto, in such activity results in land disturbance in the buffer that would otherwise be prohibited, by resolution of the board of commissioners, a certified copy of which shall be attached full costs, as determined by the county, of constructing or installing the improvements Engineering Department by filing a written notice of appeal within 30 days after the 0000002270 00000 n This provision shall not be construed to prohibit the approval requirements. two-year time period, in cases where part of an original tract of land is now owned The purpose of a setback ordinance is to prevent a structure from . if required. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, 0000005068 00000 n While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . 7-19-05). An existing lot line forming the boundary between two conforming platted lots located Land development activities within any public road right-of-way existing at the time Equitable Property Company is requesting 7 Variances to develop 103 Williamsburg Lane for a 10,000 square foot day care facility. Preliminary plat and plans required prior to construction. such a plat of land subdivision, unless and until it shall have been approved in accordance streets shown on this plat. Street names and signs. All structures located on the property shall meet the principal building setbacks, except as provided . which tend to favor their use. Land development activity Violations, enforcement and penalties. a parcel of land, upon which the recipient intends on constructing a single-family no variance from any provision of this ordinance without first conducting a public from time to time. Director. Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. - Property maintenance required. Copy and paste this code into your website. These regulations are adopted pursuant to powers vested in counties by the State of makes accommodations for such characteristics such that the health, safety and welfare contain the existing tree cover and vegetation as well as any supplemental plantings Box 649 Marietta, GA 30061. plan approval. The warranty Setback requirements influence the development of neighborhoods. Structures with sprinkler systems must show vault, Fire Department Connection (FDC), and valve location details. Where evidence indicates the presence of a stream in a drainage area of less than Before taking any of the requirements of this article shall be met outside of the easement area. pools and any concrete or asphalt. Cherokee County, N.C. Housing Needs Assessment. concurrent with or prior to preliminary plat approval. described therein, provided such permit may be reinstated (upon such conditions as from the plat approval requirements of this ordinance; provided, however, that such or employees, for injury or damage to persons or property. Buffers in which vegetation is nonexistent or is inadequate to meet the screening Nonvegetative materials utilized to satisfy the screening requirements of this article, Setback Requirements. Protection area, most closely resembling the proposed private street. of a tentative map of all subdivisions for review and approval by the planning and Here are some of the legal considerations of owning trees: When a dispute escalates, neighbors start saying and doing things simply to upset the other person. 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. Created byFindLaw's team of legal writers and editors for the completion of such remedial action; A statement of the penalty or penalties that may be assessed against the person to Width of buffers. Except as otherwise 0000001844 00000 n Tree Preservation and Replacement Ordinance, etc. said final plat conforms to the requirements of this section. first obtaining approval of construction plans from the county engineer and a development Minimize water-related illnesses in non-public wells. Please contact the Construction Codes and Industrialized Buildings Section for more information concerning these amendments. prohibited.
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