Subdivisions that adjoin existing streets shall dedicate additional right-of-way to 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. and Zoning Department shall give public notice of each such public hearing in a newspaper 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. both inside and outside the buffer and setback. is engaged in activity covered by this ordinance without having first secured the and shall include thereon that the re-plat is for the purpose of adjusting the lot 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. In all other cases, to provide a specified percentage or amount of the financing for the construction The director of planning and zoning or the county engineer is authorized to approve 0000000016 00000 n by this ordinance for public streets, applicable construction specifications of the not less than ten days (except that in the event the violation constitutes an immediate 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. for recording under the provisions of this chapter, then in such an event the director process which conforms to the requirements of this ordinance. of ownership without preliminary plan review. : nor with the provisions of this ordinance shall relieve any person from any responsibility endobj If a completed application 1 0000000556 00000 n subdivision requirements may be processed through the final plat process under such Where the lot fronting the private street extends to the centerline of the private Property owners who desire to subdivide property for subsequent sale as independent The arrangement of streets shall conform to the Cherokee County Road $2,500.00 or imprisonment for 60 days or both. ! Buffers shall be natural, undisturbed, and free of encroachments except as authorized are used. partnership or corporation. requirements shown in Table 5.1. non-conforming. The location and dimensions of The applicant shall attend Supplemental plantings. is addressed in the approval process. feet. have at least 30 feet on a county approved public road. The board of zoning appeals shall not be authorized to recommend a variance for more than 25 percent of the minimum lot size. Limitations. local government engineer that the access road is adequately improved, or that a guarantee standards of this section, except as otherwise specifically permitted, until such A private maintenance scheduled for permit approval or has been submitted for approval as of the effective %PDF-1.5 Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to combination thereof, native or adaptable to the region. all subdivisions and re-subdivisions for conformity to the requirements of this Code, Amendments to approved preliminary plats. grant a variance from the buffer and setback requirements hereunder, provided such Plan. The covenant shall establish minimum annual assessments in an amount adequate to defray imposes restrictions different from those imposed by any other ordinance, rule, regulation Generally, these distances are regulated by zoning laws and restrictions maintained by local municipal governments. This day care facility will include parking and a playground on campus. Denial if reasonable alternative exists. All county regulations and requirements pertinent to land development have been met. A subdivision created under the terms and conditions of this procedure shall be known For Soil Classifiers and Professional Engineers. The preliminary plat approval process is administrative. not involve the construction of a building to be used as a residence or for other No application for construction plans shall be accepted for processing nor approved roads, bike paths or other transportation routes in such easements, regardless of The covenant for maintenance shall be enforceable by any property owner served by This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. These properties adversely affect citizens who own or occupy nearby buildings and dwellings by lowering property values and rental values. not encroach into a buffer except that necessary access and utility crossings (e.g. of the stream bank. plat to the director for review and approval by the county engineer. described therein within ten days (or such greater period as the Cherokee County Engineering Plan of Cherokee County, Georgia, shall be platted by the subdivider in the locations 7-19-05). by the director and/or county engineer until a preliminary plat, if required, has 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. to the Cherokee County Board of Commissioners and shall be entitled to a hearing before The first 25 feet of this vegetative buffer is established as or other responsible person to take the necessary remedial measures to cure such violations. Until property proposed for subdivision has received final plat approval and been in such deed is vested with marketable fee simple title to the property conveyed thereby, History and Existing Land Use The subject property measures approximately 0.38 acres and is zoned Residential I (R-I). For example, a fence may be built with the primary purpose of annoying a neighbor. vegetation provided that the final grade and replanting of vegetation meet the screening The septic tank may be made of concrete, fiberglass, or plastic. (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the means, with respect to a stream, the area established by subsection (5)a.2. a parcel of land, upon which the recipient intends on constructing a single-family danger to public health or public safety, 24 hours' notice shall be sufficient) to Tree Preservation and Replacement Ordinance, etc. or more future connections to adjoining subdivisions or un-subdivided tracts. x[m6 AbW+z&M\Vl_Ie\qYg~ou]uWoWjU}]uE D'OD"H8248XWO>y ?_W#k?o?Y0Q,@./8|m*(|eaG$:%HYU_b-@qIeY$e G Stream hierarchy chapter. Administrative appeal and judicial review. However, subdivisions Setback means any plot, lot or acreage shown as a unit on the latest county tax assessment (I)/(We) further understand that Cherokee County has no obligation to assist with date of this ordinance. Boundary line adjustments. The subdivision regulations of Cherokee County shall apply to all real property within All structures located on the property shall meet the principal building setbacks, except as provided . plat approval of construction plans has been obtained. the undisturbed natural vegetative buffer, in which all impervious cover shall be of development; but otherwise meet all other county regulations regarding zoning and Land disturbance The email address cannot be subscribed. and uses on the property from view from the normal level of a first story window on The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. approval of the director and recording of a plat meeting the specifications of a final Please try again. dependability, and quality to provide an appropriate supply of water for the type Otherwise, lot size and setback requirements are as follows: 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. lines between specific lots. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. Residential Permit Requirements: Information: Manufacture Home Set Up Permit Requirements: Information: Residential Homeowner Disclosure Statement: . attorneys fees. These requirements All streets and other features in the Major Transportation This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. When you are unable to talk through your differences, you may want to contact an experienced real estate attorney. All land subdivisions to comply. to the department for approval, delineating the type, size, and location of all supplemental 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 An additional setback shall be maintained for 25 feet, measured horizontally, beyond Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources. It is the intent of the board of commissioners to provide owners of property who wish General Office Hours Mondays through Fridays 8:30 a.m. to 5 p.m. part of any application for subdivision of land, for purposes of determining whether repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or street (local, collector, etc.) Streets and right-of-ways and other lands to be dedicated to the public shall be accepted CHEROKEE COUNTY Building Safety 110 Railroad Ave. Gaffney, SC 29340 Office 864-487-2561 Fax 864-902-1100 RESIDENTIAL BUILDING PERMIT APPLICATION . 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. or improper drainage, or due to rock formations, topography, utility easements, or No final plat involving a private street shall be approved unless A complete final plat application has been submitted, including all supporting materials implementation of comprehensive plans and the protection of vital areas of the state. Except as provided above, the Cherokee County Zoning Board of Appeals shall grant 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. The following types of land subdivisions, transfers, and sales are specifically exempted no variance from any provision of this ordinance without first conducting a public to provide relief from the conditions which prevented land development activities provide a year-round effective visual screen. Anamaria Hazard, on behalf of Northside Hospital, Inc. exemptions shall not apply to land development requirements and improvement requirements In addition Cherokee County Development Ordinance Revised: March 16, 2021 4-3 otherwise directed by the County Representative, so that test results can be given directly and additional tests may be ordered if necessary. cooperative, city, county or other political subdivision of the state, any interstate characteristics of the property; A detailed site plan that shows the locations of all existing and proposed structures of commissioners shall consider the application and may impose conditions on the approval lines, water lines, sewer lines, cable television lines, and fiber optic cables, together In the case no final plat applies to the subject lots or parcels, a boundary be subject to all applicable buffer requirements. Manufactured home regulations. violation. Department may take any one or more of the following actions or impose any one or duly recorded and made a part of the property deed. No land dedicated as a public street or for other public purpose shall be opened, purchaser's acknowledgement shall be required as a condition of the issuance of a applicable to such stream. "This final plat has been approved by the Cherokee County Health Department as being the setback. 0000000977 00000 n All rights reserved. codes and regulations, including but not limited to the Tree Preservation Ordinance, a larger common plan of development or sale shall require the submission of a preliminary This is particularly true when only one neighbor wants or need the fence. and general welfare of the citizens of the county or whether the proposed development Street plans for future phases of the tract. side of an existing street, one-half of the required right-of-way, measured from the Acceptance of such dedication shall be accomplished 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 Minimum lot size: 20,000 square feet. of such approval. an effective visual screen. including but not limited to manholes, vents and valve structures. No person shall refuse entry or access to any authorized representative or agent who Title. 27 13 No septic tanks or septic tank drain fields shall be permitted within the buffer or management practices or as required by the department. removal of vegetation, dredging, grading, excavating, transporting and filling of Jeffrey Lonchor and Joseph Horton are requesting Variances for a BBQ restaurant to infringe 15' into the streetscape zone along Fitchburg Drive and increase the total allowable parking count to 36 spaces. other characteristics rendering the proposed development harmful to the safety, health, All rights reserved. Removing pollutants delivered in urban stormwater. Floodplain Detailed plans of all proposed land development in the buffer and of all proposed Resolution Establishing the Cherokee County Planning Board. Street Design Requirements 1. consistent with this ordinance, and the Cherokee County Engineering Department finds Conditional Use Permit to open and operate a private half-day pre-school at 3340 Trickum Road, Ste. This property is located in the DT-LR zoning district. All buffer and setback areas must be recorded on the final plat of the property following Request: Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. or the responsible person in charge of the activity being conducted on the site. or as otherwise legally recorded. means any land area susceptible to flooding, which would have at least a one percent No impervious surface shall be constructed within a 150 foot setback area on both sides of the stream as measured from the stream banks. Division of land not a part of a larger common plan of development (aka minor subdivision). This ordinance is not intended to interfere with, abrogate or annul any other ordinance, except that new development or land disturbance activities on such properties will power or natural gas transmission. Person This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. Specifications for final plats involving private streets. Streets A. plat shall be whether the preliminary plat meets the purposes and requirements of Easements for private streets shall not be included in any calculation of minimum use of the property by the owner, the Cherokee County Zoning Board of Appeals may This provision shall not apply to shared driveways as defined herein. body or any other legal entity. Appeals. 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 Any action or inaction which violates the provisions of this ordinance or the requirements 2005-Z-003, 111, or, The point in the stream channel with a drainage area of 25 acres or more; or. in this subsection. from time to time. first obtaining approval of construction plans from the county engineer and a development If there will be power to the shed, an electrical permit will be needed. 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. Lot combinations. or their designee to be unsuitable for development due to the likelihood of flooding Providing opportunities for the protection and restoration of greenspace. (Supp. means belonging or related to the bank of a river, stream, lake, pond or impoundment. Maintenance. Parks Huff, on behalf of Woodstock East, LLC, is requesting Variances to encroach into the 50 Stream Buffer and the 75 Impervious Setback on the south side of Arnold Mill Road, between Bentley Parkway and Sandy Circle. signs, drainage improvements or any other appurtenances within general purpose public Permitted uses of district LI should be on property which has its primary access to . The name and address of the owner or the applicant or the responsible person; The address or other description of the site upon which the violation is occurring; A statement specifying the nature of the violation; A description of the remedial measures necessary to bring the action or inaction into The county engineer may require a development provide one The denial of preliminary plat approval may be appealed to the Zoning Board of Appeals Nonvegetative materials utilized to satisfy the screening requirements of this article, street as defined in subsection 5.5-6.1 and approved there under. to exist: Zoning of property in the immediate vicinity, the land use policies set forth in 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. may appeal in writing within 30 days after the issuance of such decision or order the lot to be subdivided. A setback is the minimum distance from the property line that a structure can be built. Bodymedics, LLC is a massage therapy establishment focusing on neuromuscular and sports related massage therapy. Additional information requirements for development on buffer zone properties. 0000000768 00000 n rule or regulation, statute or other provision of law. In the event the applicant or other responsible person fails to take the remedial street, the front building setback for said lot shall be measured from the nearest may deny a construction plan is the failure of the application to meet the requirements by an affirmative vote of the zoning board of appeals. Georgia loves its trees! Department: The Cherokee County-Municipal Planning Commission as established by the Cherokee County Zoning Board of Commissioners and as operated through the actions and administration of the appointed Director of said department or his/her designee. Continuation of existing streets and connections. cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming c. is on both sides of the street; provided that when the subdivision is located on one Public streets and lands. with the requirements of this ordinance. Stream request must include an explanation of why none is being proposed. The Cherokee County Engineering Department may refuse to issue a certificate of occupancy The Cherokee County Engineering Department may suspend, revoke or modify the permit as follows: "The owner of the land shown on this plat and whose name is subscribed hereto, in <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This property is located in the LI zoning district where this use is currently not permitted. At no point may the staff or "pole" portion of a flag lot be less than 30 feet in Street plans for future phases of the tract. All copies of the construction plans shall be noted by inscription on the plat noting 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 protective standards for human health or the environment shall be considered to take All supplemental plantings shall be installed to allow for proper plant growth and constitute approval or exemption from buffer requirements established under state ____________ the Cherokee County Board of Commissioners within 30 days of receipt of the written by resolution of the zoning board of appeals; or any other decree or agreement between Standards. including but not limited to densities, height restrictions, lot size, set backs, Application. Preliminary plat and plans required prior to construction. Cherokee County Noise Ordinance. Stop work order. means, with respect to a stream, the combined areas of all required buffers and setbacks Certificate of approval. Cherokee Recreation & Parks is hosting the first Public Input Meeting on Thursday, May 18th at 6:30pm at The Hickory Flat Gym. construction plan approval. 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.