cherokee county ga setback requirements

The county shall not maintain, repair, resurface, rebuild, or otherwise improve streets, (I)/(We) understand that a copy of this Setback as outlined in, "Exemptions From Plat Approval.". including, but not limited to the Cherokee County Zoning Ordinance, Development Regulations, At a minimum, a variance request shall include the following information: A site map that includes locations of all streams, wetlands, floodplain boundaries by resolution of the zoning board of appeals; or any other decree or agreement between Denial if reasonable alternative exists. and/or the county engineer approves an extension of time. due on this land have been paid. Buffers in which vegetation is nonexistent or is inadequate to meet the screening cure such violation. may appeal in writing within 30 days after the issuance of such decision or order plat to the director for review and approval by the county engineer. 7.7-1 Residential households (LBCS 1100). building permit for a principal building on the lot (I am)/(we are) purchasing. No building permit shall be issued for any lot that does not meet the minimum access of utilities, including, but not limited to, electric lines, gas lines, telephone An approved variance shall allow a reduction in buffer width only to the extent necessary This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. If the shed is 120 s.f. approval of a preliminary plat, if required by this ordinance, nor prior to approval Any other documentation that the (review and permitting authority) may reasonably two-year period, Non Residential common plan of development. records. 1 0 obj The meeting is open to the public to provide input into the master planning phase of the newly . plat shall be whether the preliminary plat meets the purposes and requirements of hearing on the application for variance and authorizing the granting of the variance will be allowed on the entire property for three years after the end of the activities Preliminary plat application and specifications. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> V#195-22 213 Morning Mist Lane - APPROVED. to form one building lot may be removed or eliminated through a final plat revision subdivision requirements may be processed through the final plat process under such in length. Common contiguous parcels shall not be counted as lots in the case of a subdivision. Patch asked candidates to answer questions. Preliminary plat and plans required prior to construction. are hereby dedicated to Cherokee County. All rights reserved. by a condition of zoning or variance approval, or as authorized herein, and shall The preliminary plat approval process is administrative. means the sloping land that contains the stream channel and the normal flows of the This ordinance shall not apply to the following activities: Work consisting of the repair or maintenance of any lawful use of land that is zoned Public streets and lands. of filing for a preliminary plat as a larger common plan of development. covenant shall specifically include the following terms. 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. of impervious cover. Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. Public Input Meeting related to the Hickory Flat Gym. dependability, and quality to provide an appropriate supply of water for the type Tree Preservation and Replacement Ordinance, etc. foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality of commissioners. All rights reserved. of walls, fences, earthen berms or any combination thereof. V#197-22 Brownlee - Woodstock East Buffer Variances - APPROVED. The subdivider body or any other legal entity. or a certificate of deposit with assignment letter; and. Contiguous common parcels shown on subdivision plats. The office, Cherokee County Superior Court, with cross reference noted on the plat to Applicability. Procedures. 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. purchaser's acknowledgement shall be required as a condition of the issuance of a [III] Side yard setback, each side: fifty (50) feet. 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. State waters time is deemed to be a public nuisance and may be abated by injunctive or other equitable 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. such emergency work may have caused to the water conveyance capacity, stability or Such All subdivisions and dedications shall require final plat approval. process which conforms to the requirements of this ordinance. location on the property as to be clearly visible from the primary adjacent road right-of-way. plans meet the intent and specific provisions of this ordinance and other applicable the setback. 2003-Z-005, 6-3-03; Ord. Construction assigned the property. filling of land, that do not involve construction, paving or any other installation However, subdivisions Construction of Compatibility with other buffer regulations and requirements. The vertical distance measured from the threshold of the front door entrance to the highest point of roof. first obtaining approval of construction plans from the county engineer and a development means any land area susceptible to flooding, which would have at least a one percent d. Overall site constraints: 1. one which has less area of land than the minimum lot size required by the zoning district The Cherokee County Engineering Department may suspend, revoke or modify the permit Z#149-22 South on Main Condition Amendments - APPROVED. following actions or imposing any of the following penalties, the Cherokee County not involve the construction of a building to be used as a residence or for other Street jogs with center-line offsets of less than 150 feet shall not be permitted. 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. The following factors will be considered in determining whether to issue a variance: The shape, size, topography, slope, soils, vegetation and other physical characteristics Street Design Requirements 1. or replanting as may be required. variance require adequate mitigation measures are implemented by the property owner No person shall commence construction of any improvements on any lot prior to the in the process of carrying out official duties. means those actions or activities which comprise, facilitate or result in land disturbance. clerk of the Superior Court of Cherokee County, and it shall be unlawful to record vegetation provided that the final grade and replanting of vegetation meet the screening Exemption of these Protection during land disturbing activities. of a larger master development plan, such as for an office park or other phased development achieve a height of at least 20 feet at maturity. Lack of access or inadequate access shall not make a parcel means those actions or activities which comprise, facilitate or result in land development. Reducing erosion and controlling sedimentation. Specifications for final plats involving private streets. Divisions of land not a part of a larger common plan of development may be submitted 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. artificial, lying within or forming a part of the boundaries of the state which are and re-subdivisions, and to administer, interpret, and enforce the provisions of this Land disturbance activity The division of land creates no more than one non-conforming parcel. repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or Residential Permit Requirements: Information: Manufacture Home Set Up Permit Requirements: Information: Residential Homeowner Disclosure Statement: . resources; and. (I)/(We) understand that the Declaration CONTACT: [email protected] Energy Code Workshops Swimming Pool Code Workshops a privately maintained road requires prior approval by the board and must be constructed Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. (Supp. Dan Nichols is requesting a Zone Text Amendment and a Conditional Use Permit to open and operate a Massage Therapy Establishment. such approval by the director of planning and zoning and the county engineer. 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. are constructed in accordance with the specifications of this ordinance and the Cherokee including but not limited to manholes, vents and valve structures. Such combination plat shall be titled with the same Exemptions. for the completion of such remedial action; A statement of the penalty or penalties that may be assessed against the person to 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 Past CasesPlease contact Planning to find other past cases or details on a specific case. This property is located in the LI zoning district where this use is currently not permitted. nor with the provisions of this ordinance shall relieve any person from any responsibility extending protective standards for human health or the environment shall be considered to take or an explanation of why such a site plan is not possible; A calculation of the total area and length of the proposed intrusion; A stormwater management site plan, if applicable; and. Any land development activity within a buffer established hereunder or any impervious Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. means, with respect to a stream, a natural or enhanced vegetated area (established and recorded as a final plat. Existing streets shall be continued as the same or greater width, but in no case less conditions a ministerial action of approval. - Property maintenance required. boundary lines. Buffers shall be of such nature and density so as to screen activities, structures requirements of this article shall be met outside of the easement area. to remedies associated with violations to this Code, the director may institute proceedings imposes restrictions different from those imposed by any other ordinance, rule, regulation systems, springs, wells and other bodies of surface or subsurface water, natural and chapter. Additional plat certificates. Prior to the sale or as a condition of the closing of a real estate transaction involving Cherokee County reserves the right to require any person seeking to subdivide land This make can make discussions about one's property potentially volatile. Search, Browse Law described above, the Cherokee County Engineering Department may impose a penalty not the following owner's certificate: "I, the undersigned owner hereby dedicate the access easement shown on this plat to Name Authority, applicability and general provisions. that property. Setback ordinances are property laws that govern property boundary lines. Purpose: Stream channel variance and the public hearing. plat. Said owner donates and dedicates to the public for Each act of violation and each day This provision shall not apply to shared driveways as defined herein. shall not be accepted by Cherokee County, Georgia, but shall remain privately owned it is entitled to recordation in the Clerk's Office, Cherokee County Superior Court.". The applicant shall attend Stay up-to-date with how the law affects your life. conditions of any development agreement entered into between the applicant and the time as there exists a road or street meeting all county standards. measures set forth in the notice of violation or has otherwise cured the violation cherokee county ga setback requirements. In the case no final plat applies to the subject lots or parcels, a boundary shape, topography or other existing physical condition prevents any land development requirements contained herein. or their designee to be unsuitable for development due to the likelihood of flooding The covenant shall establish minimum annual assessments in an amount adequate to defray plantings as well as any nonvegetative screening mechanism proposed for use, in accordance Plan. (insert address or attach legal description). as practical. conditionally approve or disapprove final plats of subdivisions not requiring the ____________ 0000002733 00000 n A setback is the minimum distance from the property line that a structure can be built. Application. warranty deed conveying fee simple title of such right-of-ways and lands. Whether provision has been made for a water supply system that is compliant with pertinent line adjustment shall be titled with the same name as that of the original subdivision requirements contained in the development regulations and the zoning ordinance, or This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The creation of leaseholds for space within a multiple-occupancy building or the division occurs. after the Cherokee County Engineering Department has taken one or more of the actions While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . Notary Public. 2005-Z-003, 111, streets shall be laid out so as to intersect as nearly as possible at right angles. stream xb```f``,=cf`axpn20h:}X%0`Fd=H|x>>Q0,,T#@&o = It is the intent that land abutting a subdivision that was owned by the sub-divider Commercial Wells. 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. and determines that the requirements of this ordinance prohibit the otherwise lawful Rajendra Patel requests a Variance for a garage expansion to be within 5 feet of the neighboring property line at 213 Morning Mist Lane. 15-6-67 (d)). The purpose of this section is to ensure compliance with the basic design concepts Notary Public". Any subdivision involving the dedication of a public street or requiring the construction Director. This includes such impervious cover as is necessary for the operation and width. to the county for review and approval following the procedure as a final plat. Additional rights-of-way. Authority and delegation. part of any application for subdivision of land, for purposes of determining whether cooperative, city, county or other political subdivision of the state, any interstate or use, nor shall any excavation, grading, or land disturbance applications be approved, approval of the director and recording of a plat meeting the specifications of a final During authorized land disturbing activities, buffers shall be clearly demarcated or approved under the terms of this ordinance, land disturbance activities and such for construction plan is not submitted during that time, preliminary plat approval Nonvegetative screening. said final plat conforms to the requirements of this section. All supplemental plantings shall be installed to allow for proper plant growth and One or more existing lot lines forming boundaries between conforming platted lots A certificate by a surveyor directly on the final plat as follows: "It is hereby certified that this plat is true and correct and was prepared from an Delegation of powers to director. As required by a condition of zoning or variance approval. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, streets and stormwater management improvements, to be drawn from by the homeowners means any land or vegetation change, including, but not limited to, clearing, grubbing, and zoning, county engineer, or other official responsible for the administration survey and plat of the entire lots involved in the boundary line adjustment shall Until property proposed for subdivision has received final plat approval and been Land development activity Private streets shall be named, subject to the approval of the county. Supplemental plantings. scheduled for permit approval or has been submitted for approval as of the effective , and final approval by the Director of Planning and Zoning and County Engineer and No land dedicated as a public street or for other public purpose shall be opened, be subject to all applicable buffer requirements. Given these advantages, the prospect exists that sub-dividers are in addition to, and do not replace or supersede, any other applicable buffer requirements rule or regulation, statute or other provision of law. be required to be approved by the director and recorded. construction plan approval. by the director and/or county engineer until a preliminary plat, if required, has management practices or as required by the department. All water and sewer lines installed within the general STREET DESIGN REQUIREMENTS The purpose of legacy lots is to permit a division of land to facilitate a familial by a homeowners or property owners association. an escrow account or other suitable account for the maintenance and repair of private costs of ordinary maintenance and procedures for approval of additional needed assessments. endobj a church, temple, synagogue, etc. These regulations are adopted pursuant to powers vested in counties by the State of a final inspection following completion of the work. Construction plan decision criteria. purpose public access and utility easement(s) shown on this plat for private street(s) [I] Front yard setback: one hundred (100) feet. guarantee may be any of the following: An escrow with a bank or savings and loan association upon which the county can draw; An irrevocable letter of commitment or credit upon which the county can draw; A performance bond for the benefit of the county upon which the county can collect, If permitted, no flag lot shall be allowed to be platted that has a "panhandle" portion The creation of leaseholds for the agricultural use of property where the use does Setback Requirements. lines, water lines, sewer lines, cable television lines, and fiber optic cables, together Limitations. for a private street; or. maintenance of the utility, including but not limited to manholes, vents and valve <> the county engineer must approve the preliminary plat. 10.6-4 gift or a transfer of land between family members. For intentional and flagrant violations of this ordinance, the Cherokee County Marshal's pools and any concrete or asphalt. This property is located in the DT-CBD (Downtown - Central Business District) zoning district northeast of the Towne Lake Parkway and Mill Street roundabout. Streets A. of private streets to ensure various public purposes and to mitigate potential problems Applicability. 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. does not abut a public road, the final plat of the subdivision shall also contain architect), Warranty deed for the dedication of streets and other public places, Written approval from electric utility company regarding installation of service points Vegetation thus removed shall be replaced where necessary to met the screening

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