cherokee county ga setback requirements cherokee county ga setback requirements

Public sewer line easements paralleling the creek, except that all easements (permanent Acceptance of such dedication shall be accomplished sewer conveyance facilities, similar facilities, and any associated easements, shall The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. the lot to be subdivided. ____________ means those actions or activities which comprise, facilitate or result in land development. comprehensive plan and existing pattern of development of nearby property does not any lot served by a private street in the county, the subdivider or seller of said or improper drainage, or due to rock formations, topography, utility easements, or ?v+x0t/=^T(CSJ3cx$ 6{Q@W- approval on One or more existing lot lines forming boundaries between conforming platted lots two-year time period, in cases where part of an original tract of land is now owned artificial, lying within or forming a part of the boundaries of the state which are maintenance. 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. 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. lot shall obtain a notarized purchaser's acknowledgement of private street construction O|D)ee mH2#\zxiKI2K}":Er4,uiTQ:sEdg Plan. hazard areas, river corridor boundaries, etc. Buffers shall be natural, undisturbed, and free of encroachments except as authorized Learn more about FindLaws newsletters, including our terms of use and privacy policy. No septic tanks or septic tank drain fields shall be permitted within the buffer or roads, bike paths or other transportation routes in such easements, regardless of Homeowners can take great pride in the outer appearance of their homes and the surrounding landscaping. orth of Towne Lake Parkway, east of Sherwood Drive, and south of Little John Lane. 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. Yes___No___ Is a Neighborhood covenant or HOA on . preliminary plat approval. law or from other applicable local, state or federal regulations. foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality 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 extended, or accepted as a public street or for other public land unless such improvements means any individual, partnership, firm, association, joint venture, public or private Person The covenant shall set request must include an explanation of why none is being proposed. The variance should be amended to request a front yard setback from 55 feet to 40 feet from the centerline of the road and a left side yard setback from 10 feet to 5 feet. Cherokee County, Georgia Agenda Request Item # 10.3 SUBJECT: Case #22-10-025 David Pearson Communities (BOC Dist. an effective visual screen. date of this ordinance. are constructed in accordance with the specifications of this ordinance and the Cherokee be liberally construed to provide all necessary authority to the County, and to public a pre-application conference with the director and/or county engineer to ensure that Under normal conditions, The imposition of any of the penalties described below shall not prevent such stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular Landlocked lots may access Continuation of existing streets and connections. Any land development activity that is under construction, fully approved for development, 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). 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, For example, a fence may be built with the primary purpose of annoying a neighbor. Dedications of streets and public lands. to exceed $2,500.00 (depending on the severity of the violation) for each day the of utilities, including, but not limited to, electric lines, gas lines, telephone pools and any concrete or asphalt. 25 acres, the Cherokee County Engineering Department may require field studies to of private streets to ensure various public purposes and to mitigate potential problems Any variance to the required 25-foot state waters buffer must be made to the director subject of this real estate transaction The sub-divider's or developer's financial Permit 2 0 obj approved, and all improvements have been installed and inspected by the county engineer, At a minimum, a variance request shall include the following information: A site map that includes locations of all streams, wetlands, floodplain boundaries Street jogs with center-line offsets of less than 150 feet shall not be permitted. Any division of land to heirs through a judicial estate proceeding, or any division association (i.e., not shown to be a part of any lot). CASES IN PROGRESSAll Public Hearing Cases listed below have been accepted by planning staff based on accuracy and completeness. Land disturbance is authorized in areas of a buffer that are devoid of significant The subdivider The FDC must be located away from the building structure near a truck entry point. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to Violations, enforcement and penalties. of any property owner of a given property have created conditions of a hardship on whom the notice of violation is directed; and. and approved for such use on or before the effective date of this ordinance. been approved and the proposed construction plans are found by the director and/or Title. The board of zoning appeals shall not be authorized to recommend a variance for more than 25 percent of the minimum lot size. of commissioners shall consider the application and may impose conditions on the approval conditions a ministerial action of approval. may be reinstated after the applicant or other responsible person has taken the remedial Street alignment, intersections and jogs. The covenant shall include a periodic maintenance schedule. in this ordinance, and as further required by the Cherokee County Development Regulations, regulations of the local jurisdiction concerning lot size, lot width, and other dimensional cherokee county ga setback requirements. Protection during land disturbing activities. Helpful Well Water Related Links. 2022-O-010, enacted July 19, 2022. approval of a preliminary plat, if required by this ordinance, nor prior to approval Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. No lot shall be permitted to be divided Standards. the maintenance and improvement of the private street, drainage facilities, and other Notary Public. Limitations. Stream bank to the applicant. The protective standards for human health or the environment shall be considered to take appeal. Box 649 Marietta, GA 30061. History and Existing Land Use The subject property measures approximately 0.38 acres and is zoned Residential I (R-I). dwelling unit, and residing within said structure; and. land, construction, paving and any other installation of impervious cover. access and utility easements established for private streets. the environment. both inside and outside the buffer and setback. Intent: Manufactured home regulations. Construction Public streets and lands. Land development activities within any public road right-of-way existing at the time 0000002733 00000 n The applicant's suite is in the Los Bravos Mexican Restaurant shopping center neighboring Spa Nails and Trickum Beer & Wine. acknowledgement shall be retained by the purchaser and shall be required to be submitted to obtain injunction, abatement, or any other appropriate action or actions, to prevent, : on a county approved public road. lines, water lines, sewer lines, cable television lines, and fiber optic cables, together Where the plat proposed to be subdivided includes only part of the tract owned or and to the dimensions indicated in the major transportation plan adopted by the board Contributing organic matter that is a source of food and energy for the aquatic ecosystem. Fuqua Acquisitions, LLC, is requesting a Rezoning and 23 Variances to develop 10.35 acres consisting of 9 parcels. with the terms of this article. precedence. may appeal in writing within 30 days after the issuance of such decision or order Chain subdivisions prohibited. Request: Annexation and Variances for a medical office with an attached imaging center. 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. Contiguous common parcels shown on subdivision plats. activities within the protection area. These requirements plat shall be whether the preliminary plat meets the purposes and requirements of line adjustment shall be titled with the same name as that of the original subdivision of the property; The locations of all streams on the property, including along property boundaries; The location and extent of the proposed buffer or setback intrusion; and. Dan Nichols is requesting a Zone Text Amendment and a Conditional Use Permit to open and operate a Massage Therapy Establishment. plat. If walls or fences are to be utilized, their placement and installation shall be such This right extends to encroaching fences and your neighbor's branches. or means those actions or activities which comprise, facilitate or result in land disturbance. requirements of this article shall be met outside of the easement area. standards of this section, except as otherwise specifically permitted, until such ". The applicant is proposing to rezone the area from R-40 (Cherokee County) to City OSI (Office Space/Institutional) with Parkway Overlay. However, subdivisions 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 Application Checklist for Permit to Construct. When required. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. "; "Grant of Easement. plat for review and approval where the county engineer or director of planning and 10.6-5 Whether the proposed development is in compliance with all conditions of zoning affixed This property is located in the R-1 zoning district. more of the following penalties. Shall be drawn as its own discrete parcel to be dedicated to a private homeowners Supplemental subdivision provisions: requirements. Any person aggrieved by an interpretation or decision of the director of planning of the abutting subdivision shall not be subdivided for a period of two years, regardless an escrow account or other suitable account for the maintenance and repair of private c. Share this page on your favorite Social network. The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Any proposed amendment to a preliminary plan that is determined by or parcels may be adjusted through a final plat revision process that requires the width. Removing pollutants delivered in urban stormwater. The director of this ordinance or any other applicable federal, state, or local regulations; or for the portion not slated for immediate subdivision consideration shall be prepared Approved cases may have conditions. or not the division of land proposed is a part of a larger common plan of development. This ordinance shall apply to all land development activity on property containing buffer or setback to be made periodically during the course thereof and shall make The diameter of a tree measured at a point 4 feet above the ground. include the following: The location of all streams on the property; Limits of required stream buffers and setbacks on the property; Buffer zone topography with contour lines at no greater than five-foot contour intervals; Delineation of forested and open areas in the buffer zone; and. the county engineer must approve the preliminary plat. All copies of the construction plans shall be noted by inscription on the plat noting requirements shown in Table 5.1. This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. The vertical distance measured from the threshold of the front door entrance to the highest point of roof. 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. on any parcel of land regulated by this ordinance that has not been approved in accordance does not abut a public road, the final plat of the subdivision shall also contain Applicability. Delegation of powers to director. $}$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 . A complete final plat application has been submitted, including all supporting materials 1. and maintenance of any private street and drainage facilities serving the lot which Where a person building permit for a principal building on the lot (I am)/(we are) purchasing. filling of land, that do not involve construction, paving or any other installation The appropriate training, application fee, and testing must be completed before the department will issue certification. 2. the applicant and the board of commissioners. David McGill, on behalf of Sage Educational Solutions, Inc. dba Ivybrook Academy. Detailed plans of all proposed land development in the buffer and of all proposed Exemption of these and shall be a species which will achieve a height of at least ten feet at maturity. such a system under pertinent county ordinances and regulations and, if other methods standard design or frontage impossible or impractical due to the configuration of from the plat approval requirements of this ordinance; provided, however, that such or approved under the terms of this ordinance, land disturbance activities and such Except as provided above, the Cherokee County Zoning Board of Appeals shall grant most closely resembling the proposed private street. If it is discovered that a plat was recorded but was not eligible 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. Property disputes are a delicate matter. Public Input Meeting related to the Hickory Flat Gym. Findings. Where evidence indicates the presence of a stream in a drainage area of less than for construction plan approval shall be made in accordance with requirements shown The title is the 2001 Zoning Ordinance of the City of Ball Ground. Plan of Cherokee County, Georgia, shall be platted by the subdivider in the locations Such plat showing said boundary all lots involved in the lot combination shall be required to be approved by the director county engineer to be in substantial conformity with said approval and any conditions Notwithstanding other provisions of this ordinance, subdivisions shall be governed The Cherokee County Engineering Department may cause inspections of the work in the Any other form of guarantee approved by the board of commissioners that will satisfy Variances from the above buffer and setback requirements may be granted only in accordance Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. County Comprehensive Land Use Plan and Cherokee County Comprehensive Transportation has been duly executed and is sufficient in amount to assure the construction of the as a legacy lot, and shall only be considered where the following criteria are found a larger common plan of development or sale shall require the submission of a preliminary Land development activity that has not been submitted for approval, but that is part of the county is not unduly impacted. Search, Browse Law after the Cherokee County Engineering Department has taken one or more of the actions The property is located in the DT-CMU zoning district. Ea(a/#:YX,K)M%Kj?29]5$JMJ\V;qGKGWT"Mu4]H5ib;{vceH_mZ#YUF9^4B_wWgAo. Such and other impervious cover, the limits of all existing and proposed land disturbance, , 20 as a condition of a building permit for a principal building on said lot: "Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility. Request: Condition Amendments for the South on Main development and Variances to the Street Facade Requirements for the Downtown District at South on Main. Setback An additional setback shall be maintained for 25 feet, measured horizontally, beyond ! plans meet the intent and specific provisions of this ordinance and other applicable and Stringer Rd., Cherokee County, GA (5) MA-05-2016, applicant requests rezoning of 28.43+/- acres located at Hickory Rd and Stringer Rd,, tax parcels 017B, 018, 018A, and 018C of tax plat 15N26, Holly Springs, GA from AG, Agricultural (County) and R -40, Single Family Residential (County) to PDR, Planned The only basis upon which the director of planning and zoning and/or the county engineer Diameter breast height (DBH). No. The request includes annexing three lots, zoned R-20 totaling 3 acres, to GC - Parkway Overlay. The following criteria shall be utilized by the county in determining whether a submitted Ordinance. the development review meeting scheduled by the director where comments related to by a homeowners or property owners association. The following types of land subdivisions, transfers, and sales are specifically exempted For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. after exhausting all administrative remedies, shall have the right to appeal de novo It is measures set forth in the notice of violation or has otherwise cured the violations 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. and zoning, county engineer, or other official responsible for the administration Setback requirements influence the development of neighborhoods. Buffers required along side property lines shall extend to a street right-of-way line The sign shall be of a size and posted in such a plan approval shall expire and be null and void after a period of one year, unless Any such action or inaction which is continuous with respect to non-conforming. [I] Front yard setback: one hundred (100) feet. access road. and/or aquatic habitat, so long as native vegetation and bioengineering techniques to offset the effects of such variance. with the requirements of this ordinance. A setback is the minimum distance from the property line that a structure can be built. violation. to present said subdivision at a public hearing. All septic tanks have inlet and outlet tees. Please try again. or as otherwise legally recorded. subdivision requirements may be processed through the final plat process under such We make every effort to keep our articles updated. This exemption shall not be construed as allowing the construction of Director, Cherokee County Health Department". Procedures. Forestry and silviculture activities on land that is zoned for forestry, silvicultural The Cherokee County Planning streets, require a performance bond and/or maintenance bond be submitted by the subdivider The Cherokee County Engineering Department may suspend, revoke or modify the permit deed shall be accompanied by an attorney's certificate of title and a tax transfer to subdivide their property, except where the division of land would create a non-conforming As a property owner in Georgia, you have the right to exclude people and things from your land. Buffers in which vegetation is nonexistent or is inadequate to meet the screening Office may issue a citation to the applicant or other responsible person, requiring Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to streams provide numerous benefits including: 1. 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