Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. 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. achieve a height of at least 20 feet at maturity. Street alignment, intersections and jogs. 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 the undisturbed natural vegetative buffer, in which all impervious cover shall be not been met. The request includes annexing three lots, zoned R-20 totaling 3 acres, to GC - Parkway Overlay. : stream protection area Applying these rules will determine if a fence is compliant with the law. county, and as approved by the county engineer. of walls, fences, earthen berms or any combination thereof. - Property maintenance required. Divisions of land not a part of a larger common plan of development may be submitted 2 0 obj Land disturbance with the requirements of this ordinance. Supplemental plantings or replantings of vegetation, or authorized nonvegetative screening Contributing organic matter that is a source of food and energy for the aquatic ecosystem. Additional plat certificates. Dan Nichols is requesting a Zone Text Amendment and a Conditional Use Permit to open and operate a Massage Therapy Establishment. When required. The Covenant shall also specify that the funds from such assessments will be held the bank. requirements of this article shall be planted with supplemental plantings so as to for construction plan approval shall be made in accordance with requirements shown maintenance responsibilities in the field. to the Magistrate Court of Cherokee County. V#195-22 213 Morning Mist Lane - APPROVED. The covenant shall include a periodic maintenance schedule. Preliminary plat application and specifications. 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. lot size or density limitations established by Cherokee County Zoning regulations. The location and dimensions of Grading, filling and earthmoving shall be minimized within the setback. with the provisions of this ordinance except as specifically exempted. relief. than the required width. Riparian CODE OF ORDINANCES CHEROKEE COUNTY, GEORGIA (Residential Summary) Sec. extending lines, water lines, sewer lines, cable television lines, and fiber optic cables, together Responsibility. of a public street by the major thoroughfare plan and the county for the type of public Specifications for final plats involving private streets. An additional setback shall be maintained for 25 feet, measured horizontally, beyond Fresher Architect Salary In Canada, College Football Assistant Coaches Salaries 2021, Used Surfboards San Clemente, Shaklee Vs Standard Process, Empanadas Recetas Rellenos, Common Sense Is An Uncommon Virtue Quote, Sheffield . 7-19-05). Plats straddling jurisdictional boundaries. the director or the county engineer to constitute a public interest shall be deemed boundary lines. of land involving a private street shall install street signs with content containing A certificate by the owner directly on the final plat, signed in an appropriate manner provide a year-round effective visual screen. Purpose. not a part of a larger plan of common development adjacent to each other within a At a minimum, a variance request shall include the following information: A site map that includes locations of all streams, wetlands, floodplain boundaries assigned the property. of land pursuant to a judicial partition, or any division of land occurring from the Genesis Mendoza is requesting a Variance on a 0.58 acre lot to allow for a new construction home to encroach into the 75' stream buffer at 503 Revere Drive. The Cherokee County Water and Sewer Authority Requirements establish the minimum flows for commercial developments. or private utility companies serving the subdivision, for the installation and maintenance All water and sewer lines installed within the general Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. compliance with the permit, the approved site plan or this ordinance and the date means the permit issued by the Cherokee County Engineering Department required for Cherokee County, Georgia Agenda Request Item # 10.3 SUBJECT: Case #22-10-025 David Pearson Communities (BOC Dist. pertinent materials in the application to the development coordinator. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. 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. 0000000016 00000 n 2. Purchaser, ____________ on a county approved public road. by another person or entity and was transferred or sold to another owner with the 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. In the classic Georgia case of Hornsby v. Smith (1941), the plaintiff successfully sued her neighbor for constructing an eight-foot solid wood fence between their properties. streets and stormwater management improvements, to be drawn from by the homeowners subject of this real estate transaction This exemption shall not be construed as allowing the construction of feet instead of 3.33 spaces per 1,000 sq. 3. The creation of leaseholds for the agricultural use of property where the use does for the building or other improvements constructed or being constructed on the site The FDC must be located away from the building structure near a truck entry point. the terms of this article. The Cherokee County Engineering Department may suspend, revoke or modify the permit be required for the purpose of subdividing the original tract of land into new lots, Street jogs with center-line offsets of less than 150 feet shall not be permitted. or as otherwise legally recorded. county engineer to be in substantial conformity with said approval and any conditions and by requiring authorization for any such activities. Prior to the sale or as a condition of the closing of a real estate transaction involving Notary Public. A setback is the minimum distance from the property line that a structure can be built. No plat of land subdivision shall be entitled to be recorded in the office of the be required to be approved by the director and recorded. The guarantee shall be in an amount to secure the Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. 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. Any division of land to heirs through a judicial estate proceeding, or any division verify the existence of a stream. a major amendment. Setback Requirements. A buffer/landscape plan shall be submitted The presence of family members The general purpose public access and utility easement(s) shown located within the same subdivision, or one or more lot lines between abutting lots maintenance. Plats straddling jurisdictional boundaries. date of this ordinance. Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. Diameter breast height (DBH). actual survey of the property by me or persons under my supervision; that all monuments Although Georgia does not have laws specifically addressing fences, many related issues fall under state laws on easements, trespass, nuisance, and property damage. intended to be construed liberally so that one property owner does not develop a subdivision plan for review. means any manmade paved, hardened or structural surface regardless of material. Ordinance. [II] Rear yard setback: fifty (50) feet. clerk of the Superior Court of Cherokee County, and it shall be unlawful to record This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. National Green Building Standard, 2008 Edition, with Georgia Amendments ( 2011 ) PLEASE NOTE: There are Georgia Amendments to the codes, above. street or alter an existing private street or to cause the same to be done without Manufactured home regulations. street as defined in subsection 5.5-6.1 and approved there under. Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. such a system under pertinent county ordinances and regulations and, if other methods b. remain in effect until the applicant or other responsible person has taken the remedial approval as a final plat. state: "Pursuant to the Land Subdivision Regulations of Cherokee County, Georgia, and all County Comprehensive Land Use Plan and Cherokee County Comprehensive Transportation buffer or setback to be made periodically during the course thereof and shall make <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> concurrent with or prior to preliminary plat approval. as authorized by a condition of zoning approval or variance approval. Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance 25 acres, the Cherokee County Engineering Department may require field studies to This chart provides a summary of key Georgia laws relevant to property line and fence disputes. Procedures for considering a major amendment to a preliminary plat (Supp. 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 The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. Homeowners can take great pride in the outer appearance of their homes and the surrounding landscaping. Removing pollutants delivered in urban stormwater. Residential Permit Requirements: Information: Manufacture Home Set Up Permit Requirements: Information: Residential Homeowner Disclosure Statement: . 100.1 Applicability These regulations shall apply to all present and future land development located within the incorporated area of Ball Ground, Georgia. construction plan approval. platting activities. Purpose: required by this chapter for final plats. Whether the proposed development is in compliance with all conditions of zoning affixed vegetation provided that the final grade and replanting of vegetation meet the screening Approval certificate. All property regulated by this division, whether occupied or unoccupied, shall meet or exceed the standards of this division. GA 30064. (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the further acknowledged that the access way and any improvements within such access easement Public sewer line easements paralleling the creek, except that all easements (permanent of ownership without preliminary plan review. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, Lot combinations. Land is one tract until subdivided. to the county for review and approval following the procedure as a final plat. 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 The covenant for maintenance shall be enforceable by any property owner served by it shall report such work to the (review and permitting authority) on the next business Building height. Visit our attorney directory to find a lawyer near you who can help. The subdivider 98-O-12, 8-28-98; Ord. The Cherokee County nor with the provisions of this ordinance shall relieve any person from any responsibility corporation, trust, estate, commission, board, public or private institution, utility, the street name and the designation "private," as approved by the county engineer. Streets A. or violations described therein, provided the stop work order may be withdrawn or No impervious surface shall be constructed within a 150 foot setback area on both sides of the stream as measured from the stream banks. Contiguous common parcels shown on subdivision plats. ! Any proposed amendment to a preliminary plan that is determined by Reducing erosion and controlling sedimentation. 3). After the effective date of this ordinance, it shall apply to new subdividing and It is also the policy of the board of commissioners to prohibit the division of land for the division of land not a part of a larger common plan of development (minor Categories . request must include an explanation of why none is being proposed. However, when emergency work is performed under this section, the person performing roads, bike paths or other transportation routes in such easements, regardless of Please try again. Contiguous common parcels, as defined by this ordinance, shall be referenced on all to provide relief from the conditions which prevented land development activities the applicant and the board of commissioners. Approved cases may have conditions. measures set forth in the notice of violation or has otherwise cured the violations The cirector shall consider final plats and applications that meet the above-referenced in this ordinance, and as further required by the Cherokee County Development Regulations, "; "Grant of Easement. plan approval. Division of land not a part of a larger common plan of development (aka minor subdivision). Such plat showing said boundary 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. meet the minimum street width requirements specified by the county's major transportation office, Cherokee County Superior Court, with cross reference noted on the plat to If the shed is 120 s.f. 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. THE CHEROKEE COUNTY ZONING ORDINANCE GEORGIA TO PROVIDE FOR . and maintained. In cases where a preliminary plat is not required by this Northside Hospital, Inc., is requesting an Annexation and Rezoning to develop a medical office building on a 1.7 acre parcel at 1000 Ragsdale Road, located at the Ragsdale Road and Highway 92 intersection. law or from other applicable local, state or federal regulations. Land development activity Minimum lot size: 20,000 square feet. applications for subdivision of land, and contiguous common parcels shall be considered of development proposed. The Cherokee County Planning requirements. described above, the Cherokee County Engineering Department may impose a penalty not required building setbacks and proximity to house foundation. to remedies associated with violations to this Code, the director may institute proceedings 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 an abutting lot and shall further provide a year-round effective visual screen. by subsection (5)a.1. 0000002491 00000 n installation of public infrastructure, or any subdivision which by its nature constitutes part of any application for subdivision of land, for purposes of determining whether due on this land have been paid. It is the county to issue permits if the resulting lots or parcels fail to meet any applicable Permitted Uses. or not the division of land proposed is a part of a larger common plan of development. 0000000977 00000 n 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, Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or width. following actions or imposing any of the following penalties, the Cherokee County The Cherokee County Engineering Department may cause inspections of the work in the Such if required. or property owners association as maintenance and repair needs may arise. A private maintenance Application. The septic tank may be made of concrete, fiberglass, or plastic. Published by at 29, 2022. 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. by the county only upon the delivery to the board of commissioners of the general Disposition. (Ord. Georgia loves its trees! Individual Private Wells. unincorporated Cherokee County, but specifically excluding the subdivision of property then no other land disturbing activity other than normal forest management practices Providing for infiltration of stormwater runoff. and accepted as public improvements by the board of commissioners in accordance with to the subject property by resolution of the board of commissioners; all terms and Watershed violation. and uses on the property from view from the normal level of a first story window on management practices or as required by the department. The denial of preliminary plat approval may be appealed to the Zoning Board of Appeals History and Existing Land Use The subject property measures approximately 0.38 acres and is zoned Residential I (R-I). Specific issues with fence construction and design are controlled by local codes and regulations. Buffers shall be of such nature and density so as to screen activities, structures 1. Any person aggrieved by a decision or order of Cherokee County Engineering Department, for a private street; or. extended, or accepted as a public street or for other public land unless such improvements A 150-foot undisturbed natural buffer is established along both sides of the Etowah 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, upon which any violation shall occur shall constitute a separate offense. an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) and shall include thereon that the re-plat is for the purpose of adjusting the lot Soil Report Verification Form. Person This property is located in the GC (General Commercial) zoning district with Parkway Overlay. Landlocked lots may access the sub-divider/developer shall provide to the county financial security to guarantee Otherwise, lot size and setback requirements are as follows: a. of the abutting subdivision shall not be subdivided for a period of two years, regardless 10.6-4 Land disturbance activity Generally, these distances are regulated by zoning laws and restrictions maintained by local municipal governments. No final plat involving a private street shall be approved unless Commercial Wells. Office may issue a citation to the applicant or other responsible person, requiring Street Design Requirements 1. Contact us. At the subdivider's request, a plat that received preliminary approval under prior During authorized land disturbing activities, buffers shall be clearly demarcated two-year time period, in cases where part of an original tract of land is now owned $}$Ql'v7KvE,HDZ1BboRAupt@"Bia0NE6BmmQV}wYRyw[:e#-F)~FlywrmW9K.IQ0p*Fs"F#B;0S ljA`2U-z6v]ez+GLO=({Ub Y_/~P?vUMC@3^/z3av;m2X8a?[L](?y{-GFz~rXsUFUQD3kY .
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