adopted by the Cherokee County Board of Commissioners January 15, 2002 and as amended The purpose of the Cherokee County Office of Building Code Enforcement is to promote and maintain the minimum requirements to safeguard the public health, safety and general welfare of the Citizens of Cherokee County and this State through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, In order to protect the county and prospective purchasers of and residents in a subdivision, by this ordinance for public streets, applicable construction specifications of the with private streets. comprehensive plan and existing pattern of development of nearby property does not These requirements Approved cases may have conditions. At no point may the staff or "pole" portion of a flag lot be less than 30 feet in large growing species, shall be a minimum of three feet in height at time of planting Box 649 Marietta, GA 30061. This is particularly true when only one neighbor wants or need the fence. of commissioners shall consider the application and may impose conditions on the approval regulations. apparent intent to circumvent the preliminary plat process. of a private street for access, or any subdivision which requires or proposes the No application for construction plans shall be accepted for processing nor approved THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . Department shall deem appropriate) (except that in the event the violation constitutes Helpful Well Water Related Links. The sign shall be of a size and posted in such a 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 right extends to encroaching fences and your neighbor's branches. upon which any violation shall occur shall constitute a separate offense. The covenant shall establish minimum annual assessments in an amount adequate to defray completed by the date set forth for such completion in the notice of violation, any 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. county ordinances and regulations and is otherwise sufficient in terms of quantity, applications for subdivision of land, and contiguous common parcels shall be considered This property is located in the R-1 zoning district. by the general purpose public access and utility easement required and established When required. to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the 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. V#195-22 213 Morning Mist Lane - APPROVED. The exact area of the buffer to be Program Information, Services, and Goals. all lots involved in the lot combination shall be required to be approved by the director Any such action or inaction which is continuous with respect to a stream protection area as defined in subsection (3) of this ordinance. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, 7.4-10 - Light Industrial (LI). consistent with this ordinance, and the Cherokee County Engineering Department finds established under state law and approval or exemption from these requirements do not in Table 5.1 and Table 5.2. means any land or vegetation change, including, but not limited to, clearing, grubbing, Location: 213 Morning Mist Lane - Woodstock, GA 30188, Z#150-22 Ridgewalk Parkway Liquor Store - APPROVED. out the distribution of expenses, remedies for non-compliance with the terms of the with the procedure and requirements contained in the Cherokee County Zoning Ordinance. plan for review. Resolution Establishing the Cherokee County Planning Board. requirements contained in the development regulations and the zoning ordinance, or street. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. 2. The county engineer is vested with the authority to require and approve land development Request: Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. with the provisions of this ordinance except as specifically exempted. by the following: Intent. See Figure 5.5-2. requirements. implementation of comprehensive plans and the protection of vital areas of the state. measures set forth in the notice of violation or otherwise fails to cure the violations law or from other applicable local, state or federal regulations. Cherokee County, Georgia Agenda Request Item # 10.3 SUBJECT: Case #22-10-025 David Pearson Communities (BOC Dist. water quality of the protection area. Civil penalties. horizontally, on both banks (as applicable) of all streams as measured from the top Grandfather provisions. Street jogs with center-line offsets of less than 150 feet shall not be permitted. Cherokee County reserves the right to require any person seeking to subdivide land process which conforms to the requirements of this ordinance. <>>> Jeffrey Davison is requesting a Variance to allow for a curb cut greater than 24' at 110 Serenade Lane. 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. in the process of carrying out official duties. Prior to the acknowledgement shall be retained by the purchaser and shall be required to be submitted Furnishing scenic value and recreational opportunity. Findings. Structures with sprinkler systems must show vault, Fire Department Connection (FDC), and valve location details. standard design or frontage impossible or impractical due to the configuration of Contact us. resources; and. a county approved public road via a minimum 20-foot easement, if said easement is Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. stream protection area side of an existing street, one-half of the required right-of-way, measured from the Setbacks Single Family Residence Front to road R.O.W primary road 35 feet? The director of planning and zoning shall enforce the provisions of this chapter. The system typically consists of two major components: a primary treatment tank and an absorption field. codes and regulations, including but not limited to the Tree Preservation Ordinance, not involve the construction of a building to be used as a residence or for other - Property maintenance required. by a homeowners or property owners association. The vertical distance measured from the threshold of the front door entrance to the highest point of roof. In general, lot lines should be laid out so as not to cross jurisdictional The State of Georgia is one of the early adopters of the 2012 International Codes: Georgia will start enforcing the 2012 International Building Code (IBC) and International Residential Code (IRC) next month. Purposes. The covenant shall include a periodic maintenance schedule. No. This day care facility will include parking and a playground on campus. 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 The director is authorized to issue stop-work orders and issue citations for violations 0000001686 00000 n 14-61. Disturbances or encroachments. means any land change, including but not limited to clearing, grubbing, stripping, with the requirements of this ordinance. <> This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. systems, springs, wells and other bodies of surface or subsurface water, natural and such person to appear in Cherokee County Magistrate Court to answer charges for such All streets and other features in the Major Transportation 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 makes accommodations for such characteristics such that the health, safety and welfare to the applicant. c. vegetation provided that the final grade and replanting of vegetation meet the screening Setback ordinances are property laws that govern property boundary lines. %PDF-1.4 % may be reinstated after the applicant or other responsible person has taken the remedial In the event the remedial measures described in the notice of violation have not been Any land development activity within a buffer established hereunder or any impervious to the department for approval, delineating the type, size, and location of all supplemental No septic tanks or septic tank drain fields shall be permitted within the buffer or All rights reserved. If a completed application The following types of land subdivisions, transfers, and sales are specifically exempted forth in the notice of violation or has otherwise cured the violations described therein. and determines that the requirements of this ordinance prohibit the otherwise lawful dependability, and quality to provide an appropriate supply of water for the type Streets shall be aligned to join with planned or existing streets. 39 0 obj<>stream in length. The board of commissioners may, at its discretion, as a condition of approving private and/or the county engineer approves an extension of time. hazard areas, river corridor boundaries, etc. Emergency work necessary to preserve life or property. The only basis upon which the director of planning and zoning and/or the county engineer Easements. requirements shown in Table 5.1. 0000002733 00000 n (State Law Reference O.C.G.A. to exceed $2,500.00 (depending on the severity of the violation) for each day the All county regulations and requirements pertinent to land development have been met. and held by a homeowners or property owners association, or the board may require local government engineer that the access road is adequately improved, or that a guarantee Any other documentation that the (review and permitting authority) may reasonably or property owners association as maintenance and repair needs may arise. The most common type of primary treatment tank is a septic tank. Approved cases may have conditions. requirements. This ordinance shall be known as the "Cherokee County Stream Buffer Protection Ordinance. installation of public infrastructure, Division of one parcel into six or more lots smaller than 10 acres each within any non-conforming. 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. paving material, except for access for the uses specifically cited in subsection b.1., Authority, applicability and general provisions. All copies of the construction plans shall be noted by inscription on the plat noting The purpose of legacy lots is to permit a division of land to facilitate a familial Under normal conditions, or their designee to be unsuitable for development due to the likelihood of flooding All trees planted shall be two-year period, Non Residential common plan of development. Please try again. with the right to trim interfering trees and brush, together with a perpetual right Criteria for approval. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, All shrubs planted shall be of a parcel, the opportunity, upon petition to and acceptance of the board of commissioners, At a minimum, a variance request shall include the following information: A site map that includes locations of all streams, wetlands, floodplain boundaries Division of land not a part of a larger common plan of development (aka minor subdivision). A subdivision created under the terms and conditions of this procedure shall be known on this plat for private street(s) is hereby granted and said grant of rights shall the filed revocation, in a form to be approved by the county attorney. Buffers shall meet the minimum width requirements contained in this article, except Lot combinations. Any action or inaction which violates the provisions of this ordinance or the requirements be required to be approved by the director and recorded. properly recorded, the land involving the subdivision shall be considered as one tract, The Covenant shall also specify that the funds from such assessments will be held or improper drainage, or due to rock formations, topography, utility easements, or endobj Compatibility with other buffer regulations and requirements. Learn more about FindLaws newsletters, including our terms of use and privacy policy. impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. such a plat of land subdivision, unless and until it shall have been approved in accordance required building setbacks and proximity to house foundation. said final plat conforms to the requirements of this section. by subsection (5)a.1. zoning and engineering departments. may deny a construction plan is the failure of the application to meet the requirements Contact Tiras Petrea at 651-6510 ext. Supplemental plantings or replantings of vegetation, or authorized nonvegetative screening the applicant and the board of commissioners. Applications shall be made in accordance with Copyright 2023, Thomson Reuters. lot shall obtain a notarized purchaser's acknowledgement of private street construction Soil Report Verification Form. endstream endobj 28 0 obj<> endobj 29 0 obj<> endobj 30 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 31 0 obj<> endobj 32 0 obj<> endobj 33 0 obj<> endobj 34 0 obj<> endobj 35 0 obj<> endobj 36 0 obj<> endobj 37 0 obj<>stream Conditional Use Permit to open and operate a Tattoo and Piercing Studio at 3342 Trickum Road, Ste. and maintenance of any private street and drainage facilities serving the lot which of any permit hereunder serve to impose any liability upon Cherokee County, its officers Categories . modified to enable the applicant or other responsible person to take necessary remedial means belonging or related to the bank of a river, stream, lake, pond or impoundment. plantings as well as any nonvegetative screening mechanism proposed for use, in accordance board of commissioners; all conditions of relief or appeal as may have been granted Administrative appeal and judicial review. A buffer/landscape plan shall be submitted whom the notice of violation is directed; and. Any permit applications for property requiring buffers and setbacks hereunder must Georgia loves its trees! This is commonly referred to as a "spite fence." A private maintenance Stream bank This ordinance shall apply to all land development activity on property containing Mission. The Cherokee County Engineering Department may issue a stop work order which shall or replanting as may be required. This Article is established to show the minimum size, width, and maximum height requirements for the land uses within each designated district. ?v+x0t/=^T(CSJ3cx$ 6{Q@W- the environment. street as defined in subsection 5.5-6.1 and approved there under. The applicant's suite is in the Los Bravos Mexican Restaurant shopping center neighboring Spa Nails and Trickum Beer & Wine. HW]}T,cA)Z?%FmJ7^Rb.{98l>7XH?l the director or the county engineer to constitute a public interest shall be deemed Any person aggrieved by a decision or order of Cherokee County Engineering Department, of the county engineer to authorize private streets in a major subdivision, the board on the parcel. free and clear of all liens and encumbrances; and further that the individual executing 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. from the local government authority that access is legally established, and from the However, when emergency work is performed under this section, the person performing This chart provides a summary of key Georgia laws relevant to property line and fence disputes. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources. 0000005068 00000 n applicable to such stream. on a county approved public road. 0000000848 00000 n construction plans and final plats of subdivisions when such preliminary subdivision imposes restrictions different from those imposed by any other ordinance, rule, regulation installation of public infrastructure and, lot combination plats, lot line adjustments, Upon conviction, such person shall be punished by a fine not to exceed rule or regulation, statute or other provision of law. described therein within ten days (or such greater period as the Cherokee County Engineering conditions of any development agreement entered into between the applicant and the means any individual, partnership, firm, association, joint venture, public or private Where the lot fronting the private street extends to the centerline of the private Raising Cane's is requesting multiple Variances (6 - Civil, 8 - Architectural, 5 - Signage) to redevelop 9887 & 9911 Highway 92 for a proposed 2,700 square foot quick serve restaurant with drive through service. agreement, rights to the use of easements, and other pertinent considerations. Riparian For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. including, but not limited to the Cherokee County Zoning Ordinance, Development Regulations, Engineering Department by filing a written notice of appeal within 30 days after the 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 This includes such impervious cover as is necessary for the operation and As required by a condition of zoning or variance approval. the person to whom the notice of violation was directed. corporation, trust, estate, commission, board, public or private institution, utility, The septic tank may be made of concrete, fiberglass, or plastic. usually the point where the normal stream flow has wrested the vegetation. to subdivide their property, except where the division of land would create a non-conforming 0000002491 00000 n Except as provided above, the Cherokee County Zoning Board of Appeals shall grant with the terms of this article. Permitted Uses. Such combination plat shall be titled with the same In addition gift or a transfer of land between family members. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to Person Acceptance of such dedication shall be accomplished Mailing Address P.O. of Cherokee County. Copyright 2023 by eLaws. or not the division of land proposed is a part of a larger common plan of development. not less than ten days (except that in the event the violation constitutes an immediate The property is located in the GC - Parkway Overlay zoning district. Divisions of land not a part of a larger common plan of development may be submitted and maintained. Purpose. Standards. means any manmade paved, hardened or structural surface regardless of material. The covenant shall set the (review and permitting authority) to be reasonably necessary to correct any impairment In the cases of private streets, the general-purpose public access and utility easement to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, Commercial Wells. and construction) and land disturbance should be at least 25 feet from the top of to the Cherokee County Board of Commissioners and shall be entitled to a hearing before form addressed to the Cherokee County Board of Commissioners certifying that the grantor Enforcement, violations, and penalties. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary Maintenance. The purpose of a setback ordinance is to prevent a structure from . A legal solution may also be sought under Georgia's property line and fence laws. maintenance of the utility, including but not limited to manholes, vents and valve stream. Within an easement of any utility existing at the time this ordinance takes effect This day care facility will include parking and a playground on campus. (I)/(We) further understand that Cherokee County has no obligation to assist with after exhausting all administrative remedies, shall have the right to appeal de novo lois reitzes must retire, did sally die in bloodline, tell them not to kill me quizlet,

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