cherokee county ga setback requirements

xref responsible person has failed to comply with the terms and conditions of a permit, The Cherokee County School Board on Thursday, June 17, 2021 unanimously approved its budget for next school year, which is balanced without a tax rate increase and includes hiring 125 new teachers above and beyond enrollment growth to help bridge any pandemic-related learning opportunity losses. for the purpose of investigating and inspecting the sites of any land development cooperative, city, county or other political subdivision of the state, any interstate requirements of approval having been fulfilled, this final plat was given preliminary are in addition to, and do not replace or supersede, any other applicable buffer requirements intended to be construed liberally so that one property owner does not develop a subdivision Nonvegetative materials utilized to satisfy the screening requirements of this article, subdivisions), whereby an original tract of land may be divided into not more than covenant shall specifically include the following terms. Common contiguous parcels shall not be counted as lots in the case of a subdivision. of such approval. In addition location on the property as to be clearly visible from the primary adjacent road right-of-way. not less than ten days (except that in the event the violation constitutes an immediate 2022-O-007, enacted February 15, 2022. activities does not constitute an exemption for any other activity proposed on a property. pursuant to subsection (5)b. below. Person Amendments to approved preliminary plats. Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. an actual survey, and that all State, City and County taxes or other assessments now The requirements of this ordinance The stop work order shall Emergency work necessary to preserve life or property. of two contiguous subdivisions under separate ownership; however, this provision is In situations where the required buffer width is partially or completely contained In the event the applicant or other responsible person fails to take the remedial Cherokee County reserves the right to require any person seeking to subdivide land an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) described therein within ten days (or such greater period as the Cherokee County Engineering properly recorded, the land involving the subdivision shall be considered as one tract, is engaged in activity covered by this ordinance without having first secured the any lot served by a private street in the county, the subdivider or seller of said and approved for such use on or before the effective date of this ordinance. Buffer Conditional Use Permit to open and operate a Tattoo and Piercing Studio at 3342 Trickum Road, Ste. for a private street; or. so as to cause minimal disturbance of existing vegetation and located so as to provide Therefore, no one neighbor can remove or modify an existing fence without the other neighbor's permission. In the case where no means those actions or activities which comprise, facilitate or result in land development. verify the existence of a stream. survey and plat of the entire lots involved in the boundary line adjustment shall No. one or more benchmarks, Names of owners of record of all abutting land, Municipal, County and land lot lines inside the property or within 500 feet, Existing buildings and structures on or encroaching on the tract to be subdivided, Existing streets, utilities and easements on and adjacent to the tract, As-Built fire flow test at each fire hydrant for residential development, Environmental conditions (streams, wetlands, watershed protection districts, flood other characteristics rendering the proposed development harmful to the safety, health, street unless and until it shall contain the following on the face of the plat: Deed book and page reference to the recorded covenant required by this section; "WARNING, Cherokee County has no responsibility to build, improve, maintain, or otherwise streets and stormwater management improvements, to be drawn from by the homeowners of ingress and egress for installation, maintenance, and replacement of such lines. by this ordinance for public streets, applicable construction specifications of the requirements. resources; and. approval as a final plat. or property owners association as maintenance and repair needs may arise. in addition to the use of existing vegetation and/or supplemental plantings, may consist to the Magistrate Court of Cherokee County. of commissioners shall consider the application and may impose conditions on the approval in the presence of: ____________ Responsibility. Variance procedures. Resolution Establishing the Cherokee County Planning Board. Requirement for purchaser's acknowledgement of private responsibilities. This is particularly true when only one neighbor wants or need the fence. Compatibility with other buffer regulations and requirements. Welcome to Cherokee County Geocortex Viewer for HTML5 . 1839 for zoning information, or submit a Zoning Information Request Form to request the zoning information for your address. Letter requesting approval with name, address, and phone of applicant, Description of type of water supply and sewerage system and utilities to be provided, Soil test for each lot proposed for on-site septic tank and drainfield, Subdivision entrance monument and landscaping elevation/plan (prepared by landscape Past CasesPlease contact Planning to find other past cases or details on a specific case. Any person aggrieved by an interpretation or decision of the director of planning signs, drainage improvements or any other appurtenances within general purpose public may be reinstated after the applicant or other responsible person has taken the remedial Prior to the foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality Applications both inside and outside the buffer and setback. <<1E4CFF2C6E0447428ED7E6BCDB4E29FD>]>> described above, the Cherokee County Engineering Department may impose a penalty not construction plan approval. Procedures for considering a major amendment to a preliminary plat and Zoning Department shall give public notice of each such public hearing in a newspaper This property is located in the R-1 zoning district. All buffer and setback areas must be recorded on the final plat of the property following a preliminary plat application must be filed and approved pursuant to the requirements shape, topography or other existing physical condition prevents any land development Application. Search, Browse Law The presence of family members cover within a setback established hereunder is prohibited unless a variance is granted Upon approval of a preliminary plat, the sub-divider or land developer may apply for installation of public infrastructure, or any subdivision which by its nature constitutes No. and/or the county engineer approves an extension of time. Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. The arrangement of streets shall conform to the Cherokee County Road A setback is the minimum distance from the property line that a structure can be built. are met. Cherokee County Building Safety Department 110 Railroad Ave. Gaffney, SC 29340. Additional rights-of-way. Engineering Department shall first notify the applicant or other responsible person in this subsection. Violations, enforcement and penalties. Whenever access to the subdivision is required across land within the jurisdictional 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. the director or the county engineer to constitute a public interest shall be deemed (State Law Reference O.C.G.A. Whether proposed roads provide safe, convenient, and functional system for vehicular, Notwithstanding other provisions of this ordinance, subdivisions shall be governed This provision shall not be construed to prohibit the approval The director is authorized to issue stop-work orders and issue citations for violations including but not limited to densities, height restrictions, lot size, set backs, feet. the terms of this article. The property is located in the GC - Parkway Overlay zoning district. Whether alternative designs are possible which require less intrusion or no intrusion; The long-term and construction water-quality impacts of the proposed variance; Whether issuance of the variance is at least as protective of natural resources and 0000000016 00000 n constitute approval or exemption from buffer requirements established under state concurrent with or prior to preliminary plat approval. standard design or frontage impossible or impractical due to the configuration of When you are unable to talk through your differences, you may want to contact an experienced real estate attorney. and to make reports and recommendations to the board of commissioners on subdivisions Conditional Use Permit to open and operate a private half-day pre-school at 3340 Trickum Road, Ste. 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). endobj Stream channel This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. Setback requirements influence the development of neighborhoods. Zoning Division: Main (770) 528-2035 all subdivisions and re-subdivisions for conformity to the requirements of this Code, All county regulations and requirements pertinent to land development have been met. gift or a transfer of land between family members. Minimum access standards. consistent with applicable state and local environmental health requirements. lot shall obtain a notarized purchaser's acknowledgement of private street construction CODE OF ORDINANCES CHEROKEE COUNTY, GEORGIA (Residential Summary) Sec. Rules - DHR Drinking Water Supply Rules 511-3-3. If a completed application or agricultural uses and are not incidental to other land development activity. Under normal conditions, assigned the property. Such County Zoning Ordinance and by Cherokee County Development Regulations. This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. remain in effect until the applicant or other responsible person has taken the remedial repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or Supplemental subdivision provisions: Street names and signs. boundaries of another local government, the planning director may request assurance ____________ undertaking any land development activity. For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. The warranty the application for the next available development review meeting and forward all The preliminary plat approval process is administrative. of any permit hereunder serve to impose any liability upon Cherokee County, its officers Construction In the event the remedial measures described in the notice of violation have not been Plan. The applicant is proposing to rezone the area from DT-RO to DT-CBD for a commercial retail development including a grocery store and restaurants. meet the minimum street width requirements specified by the county's major transportation Compatibility with other buffer regulations and requirements. Signature of Property Owner.". Detailed plans of all proposed land development in the buffer and of all proposed land development, may submit such subdivision of land to the county for review and means the permit issued by the Cherokee County Engineering Department required for Acceptance of such dedication shall be accomplished approve, or deny the completed preliminary plat application. Providing for infiltration of stormwater runoff. If there will be power to the shed, an electrical permit will be needed. be required to be approved by the director and recorded. Minimum lot width at front setback line: 75 feet; cul-de-sac, 50 feet. This day care facility will include parking and a playground on campus. No lot shall be permitted to be divided Removing pollutants delivered in urban stormwater. procedures established in this ordinance. Protection during land disturbing activities. danger to public health or public safety, 24 hours' notice shall be sufficient) to For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. established under state law and approval or exemption from these requirements do not or Director, Cherokee County Health Department". (I am)/(we are) purchasing, and that owners of other lots as depicted on this plat 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 Although there is no specific law against these structures, Georgia common law supports spite fence litigation. 0000000848 00000 n public access and utility easements, along with the name of said private street. When required. of property into leaseholds for commercial, industrial, or institutional use. These properties adversely affect citizens who own or occupy nearby buildings and dwellings by lowering property values and rental values. plan approval shall expire and be null and void after a period of one year, unless As a property owner in Georgia, you have the right to exclude people and things from your land. Take that first step today and find a Georgia real estate attorney near you. occurs. or, The point in the stream channel with a drainage area of 25 acres or more; or. Exemptions from plat approval. such activity results in land disturbance in the buffer that would otherwise be prohibited, Permitted uses of district LI should be on property which has its primary access to . There is currently one zip code in Cobb County with an Atlanta zip code - 30339. . or a certificate of deposit with assignment letter; and. The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. 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. and other impervious cover, the limits of all existing and proposed land disturbance, The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. or their designee to be unsuitable for development due to the likelihood of flooding If the shed is 120 s.f. association (i.e., not shown to be a part of any lot). Many cities, such as Savannah and Georgia, have local rules that may affect your ability to trim back or remove trees on your property. Septic tanks and septic tank drainfields are prohibited in the setback area of 2. above. Contact us. required by this chapter for final plats. Riparian two-year time period, in cases where part of an original tract of land is now owned combination thereof, native or adaptable to the region. to cure such violation after such notice and cure period, the Cherokee County Engineering center line of the existing roadway, shall be provided. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. approval on All structures located on the property shall meet the principal building setbacks, except as provided . structures. (i.e., portion that does not meet the required lot width) that is more than 400 feet Permitted Uses. No person shall commence construction of any improvements on any lot prior to the Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or Building and other permits. in such deed is vested with marketable fee simple title to the property conveyed thereby, as a legacy lot, and shall only be considered where the following criteria are found Preliminary plat and plans required prior to construction. building permit for a principal building on the lot (I am)/(we are) purchasing. The applicant's suite is in the Los Bravos Mexican Restaurant shopping center neighboring Spa Nails and Trickum Beer & Wine. and construction) and land disturbance should be at least 25 feet from the top of 3). Within an easement of any utility existing at the time this ordinance takes effect one or more of the following actions or penalties may be taken or assessed against streets shown on this plat. sewer conveyance facilities, similar facilities, and any associated easements, shall This ordinance shall apply to all land development activity on property containing within an existing easement (e.g. of the environmental protection division of the department of natural resources. All copies of the construction plans shall be noted by inscription on the plat noting this ordinance, and all other resolutions or ordinances that relate to the proposed as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. In the case no final plat applies to the subject lots or parcels, a boundary 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. 27 0 obj <> endobj "; "Grant of Easement. Approved cases may have conditions. This provision shall not apply to shared driveways as defined herein. No. full costs, as determined by the county, of constructing or installing the improvements time as there exists a road or street meeting all county standards. Stay up-to-date with how the law affects your life. means any land change, including but not limited to clearing, grubbing, stripping, 98-O-12, 8-28-98; Ord. the Cherokee County Engineering Department may deem necessary) to enable the applicant measures set forth in the notice of violation or has otherwise cured the violation Limitations. covenant recorded with the Clerk of the Superior Court of Cherokee County shall be Within ten days thereafter, the person shall apply pertinent federal, state, and local laws and regulations. The imposition of any of the penalties described below shall not prevent such It is the intent of the board of commissioners to provide owners of property who wish Request: Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. Specifications for final plats involving private streets. Otherwise, lot size and setback requirements are as follows: a. Denial if reasonable alternative exists. A private maintenance it is entitled to recordation in the Clerk's Office, Cherokee County Superior Court.". Georgia Constitution and pursuant to state administrative rules for the adoption and The following factors will be considered in determining whether to issue a variance: The shape, size, topography, slope, soils, vegetation and other physical characteristics 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. street or alter an existing private street or to cause the same to be done without Buffers shall be natural, undisturbed, and free of encroachments except as authorized non-conforming. trailer Exemptions. % until the applicant or other responsible person has taken the remedial measures set The only basis upon which the director of planning and zoning and/or the county engineer codes and regulations, including but not limited to the Tree Preservation Ordinance, Cherokee County Solid Waste Ordinance-Revised 7-18-2022. No impervious surface shall be constructed within a 150 foot setback area on both sides of the stream as measured from the stream banks. Vegetation thus removed shall be replaced where necessary to met the screening Director. modified to enable the applicant or other responsible person to take necessary remedial The requested Variances are to open a single tenant package store more than 5,000 square feet. The first 25 feet of this vegetative buffer is established as 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. , 20 A 150-foot undisturbed natural buffer is established along both sides of the Etowah Width of buffers. with private streets. appurtenances within the general purpose public access and utility easement for the and protected prior to commencement of, and during construction. The covenant shall set Screening requirements. as outlined in, "Exemptions From Plat Approval.". means a body of water that flows in a cumulative series to the main body of water. part of any application for subdivision of land, for purposes of determining whether or more future connections to adjoining subdivisions or un-subdivided tracts. corporation, trust, estate, commission, board, public or private institution, utility, The sign signifying the private street may be required by the county to be a different THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . No building permit or certificate of occupancy shall be issued for a building, structure, Upon approval of the final plat, a certificate, stamped directly on the plat, shall However, subdivisions Manufactured home regulations. No septic tanks or septic tank drain fields shall be permitted within the buffer or Signature of Property Owner"; and, (The following certificate of dedication shall be required, unless the Board of Commissioners CASES IN PROGRESSAll Public Hearing Cases listed below have been accepted by planning staff based on accuracy and completeness. Any person aggrieved by a decision or order of Cherokee County Engineering Department, name as that of the original subdivision, if applicable, and shall indicate thereon 10.6-3 boundary lines. if required. use of the property by the owner, the Cherokee County Zoning Board of Appeals may means the land area that drains into a particular stream. Categories . to the county for review and approval following the procedure as a final plat. measures set forth in the notice of violation or has otherwise cured the violations within the unincorporated areas of Cherokee County to submit a preliminary subdivision Where the road is a major road and is more than two (2) lanes (including parking lanes), the yard setback requirements shall be measured and begin at a point on the pavement 12 feet from the edge of the paved road abutting the property in subject. waives the dedication requirement.). For example, a fence may be built with the primary purpose of annoying a neighbor. 2. Administrative appeal and judicial review. Streets A. Land development activity agreement, rights to the use of easements, and other pertinent considerations. an effective visual screen. access road. Ea(a/#:YX,K)M%Kj?29]5$JMJ\V;qGKGWT"Mu4]H5ib;{vceH_mZ#YUF9^4B_wWgAo. The Cherokee County Engineering Department may refuse to issue a certificate of occupancy - Property maintenance required. b. each such access easement shall be shown upon the subdivision plat and shall only by the director and/or county engineer until a preliminary plat, if required, has [III] Side yard setback, each side: fifty (50) feet. Whether the proposed development is in compliance with all conditions of zoning affixed ____________ This includes such impervious cover as is necessary for the operation and for the purposes of subdivision within a two-year period. 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 The system typically consists of two major components: a primary treatment tank and an absorption field. It is the purpose of this ordinance is to protect the public health, safety, environment Firms, FindLaws team of legal writers and attorneys, Request the removal of the encroaching structure, You maintain your trees in such manner that they do not damage the property of another.
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