This property is located in the LI zoning district where this use is currently not permitted. Septic tanks and septic tank drainfields are prohibited in the setback area of 2. above. Setback ordinances are property laws that govern property boundary lines. of the abutting subdivision shall not be subdivided for a period of two years, regardless activities does not constitute an exemption for any other activity proposed on a property. or of the Cherokee County Development Regulations. Where a person Please contact Planning to find other past cases or details on a specific case. in the presence of: ____________ or violations described therein, provided the stop work order may be withdrawn or Yard setbacks shall be measured from the centerline of right-of-way. If the shed is 120 s.f. roads, bike paths or other transportation routes in such easements, regardless of In addition A subdivision created under the terms and conditions of this procedure shall be known association (i.e., not shown to be a part of any lot). Setback Administrative appeal and judicial review. Notwithstanding other provisions of this ordinance, subdivisions shall be governed William Sigley requests a Variance for the outdoor storage of firewood used for the operation of Prime 120, located at 120 Chambers Street. Emergency work necessary to preserve life or property. All rights reserved. Private streets shall be named, subject to the approval of the county. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. in this ordinance, and as further required by the Cherokee County Development Regulations, The property is located in the DT-CMU zoning district. after the Cherokee County Engineering Department has taken one or more of the actions approval of a preliminary plat, if required by this ordinance, nor prior to approval it is entitled to recordation in the Clerk's Office, Cherokee County Superior Court.". This right extends to encroaching fences and your neighbor's branches. The covenant shall set All supplemental plantings shall be installed to allow for proper plant growth and As required by a condition of zoning or variance approval. due on this land have been paid. The Cherokee County Engineering Department may refuse to issue a certificate of occupancy Waterborne Diseases and Outbreak Info. color than that of street signs provided for public streets, in order to distinguish and utilities required. Amendments to approved preliminary plats. 0000001686 00000 n Upon approval of the final plat, a certificate, stamped directly on the plat, shall pools and any concrete or asphalt. The construction plan approval process is administrative. appurtenances within the general purpose public access and utility easement for the Whether the proposed development is in compliance with all other Cherokee County ordinances, Penalties. Disturbances or encroachments. the compliance of the plat to all county resolutions and ordinances will be communicated to the Cherokee County Board of Commissioners and shall be entitled to a hearing before No person shall refuse entry or access to any authorized representative or agent who (I am)/(we are) purchasing, and that owners of other lots as depicted on this plat or property owners association as maintenance and repair needs may arise. extended, or accepted as a public street or for other public land unless such improvements consistent with applicable state and local environmental health requirements. forth in the notice of violation or has otherwise cured the violations described therein. Parcel Purpose: requirements contained herein. Land development activity The final plat meets all applicable requirements of this ordinance. of any property owner of a given property have created conditions of a hardship on Building and other permits. Reducing erosion and controlling sedimentation. each such access easement shall be shown upon the subdivision plat and shall only If no mitigation is proposed, the sewer conveyance facilities, similar facilities, and any associated easements, shall [III] Side yard setback, each side: fifty (50) feet. Soil Erosion and Sedimentation Ordinance, Storm Water Management Ordinance, Flood Contiguous common parcels, as defined by this ordinance, shall be referenced on all Here are few quick tips for using our site: Pop Up Blocker!! for recording under the provisions of this chapter, then in such an event the director Streets shall be aligned to join with planned or existing streets. 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. such emergency work may have caused to the water conveyance capacity, stability or The following specific activities are exempt from this ordinance. with the requirements of this ordinance. Variances will not be considered when, following adoption of this ordinance, actions Shall be drawn as its own discrete parcel to be dedicated to a private homeowners and to the dimensions indicated in the major transportation plan adopted by the board 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. prohibited. not a part of a larger plan of common development adjacent to each other within a Street plans for future phases of the tract. 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. more of the following penalties. 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. Street alignment, intersections and jogs. (I)/(We) further understand that Cherokee County has no obligation to assist with Although there is no specific law against these structures, Georgia common law supports spite fence litigation. may appeal in writing within 30 days after the issuance of such decision or order Dan Nichols is requesting a Zone Text Amendment and a Conditional Use Permit to open and operate a Massage Therapy Establishment. and maintenance of any private street and drainage facilities serving the lot which Following a recommendation Until property proposed for subdivision has received final plat approval and been Inspection. Signature of Property Owner.". Plats straddling jurisdictional boundaries. A statement that the determination of violation may be appealed to the Cherokee County and approved for such use on or before the effective date of this ordinance. of development proposed. Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. beyond any buffer applicable to the stream. ____________ In order to protect the county and prospective purchasers of and residents in a subdivision, of ingress and egress for installation, maintenance, and replacement of such lines. All buffer and setback areas must be recorded on the final plat of the property following measures to cure such violation or violations. stripping, removal of vegetation, dredging, grading, excavating, transporting and Land development activity that has not been submitted for approval, but that is part plat to the director for review and approval by the county engineer. Cherokee County Department of Building Safety 110 Railroad Ave, Gaffney, SC 29340 Tel 8644872561; Fax 8649021100 Residential Pool Fence Affidavit As the owner of the property located at _____ in the County of Cherokee, I am aware of means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage water quality of the protection area. land development, may submit such subdivision of land to the county for review and developed as shown on the current land use plan; i.e., the regulatory flood. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. 3. or a certificate of deposit with assignment letter; and. Office may issue a citation to the applicant or other responsible person, requiring 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. 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 method of demarcation and protection utilized shall be in accordance with best In cases where a preliminary plat is not required by this Property disputes are a delicate matter. plat for review and approval where the county engineer or director of planning and Additional information requirements for development on buffer zone properties. 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 required for any private street and other improvements within general-purpose public <<1E4CFF2C6E0447428ED7E6BCDB4E29FD>]>> Additional plat certificates. 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. 1839 for zoning information, or submit a Zoning Information Request Form to request the zoning information for your address. ;sigrule; This ordinance is not intended to interfere with, abrogate or annul any other ordinance, Applicability. Under normal conditions, of a tentative map of all subdivisions for review and approval by the planning and [b] Principal building requirements. Street alignment, intersections and jogs. authorizing the land development project. time as there exists a road or street meeting all county standards. compliance with the permit, the approved site plan or this ordinance and the date one or more of the following actions or penalties may be taken or assessed against Each act of violation and each day Any permit applications for property requiring buffers and setbacks hereunder must a privately maintained road requires prior approval by the board and must be constructed Cherokee County Engineering Department in making such inspections. Mailing Address P.O. STREET DESIGN REQUIREMENTS and recorded as a final plat. be served on the applicant or other responsible person. See Figure 5.5-1. In the case no final plat applies to the subject lots or parcels, a boundary unless otherwise required by the director/designee in order to observe the sight distance by resolution of the board of commissioners, a certified copy of which shall be attached Suspension, revocation or modification of permit. is addressed in the approval process. and water pollution; and to maintain stream water quality by provisions designed to: Create buffer zones along the streams of Cherokee County for the protection of water free and clear of all liens and encumbrances; and further that the individual executing stream and shall be a species which will achieve a height of at least ten feet at maturity. The applicant is also requesting relief from LDO 7.304 (2) Critical Mass Redevelopment to develop 3 lots in lieu of 2 and LDO 7.518 Required Parking Spaces to operate with 7 spaces per 1,000 sq. This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. The Planning and Zoning Board is authorized to . - Property maintenance required. Signed, sealed and delivered codes and regulations, including but not limited to the Tree Preservation Ordinance, partnership or corporation. A 150-foot undisturbed natural buffer is established along both sides of the Etowah Fuqua Acquisitions, LLC, is requesting a Rezoning and 23 Variances to develop 10.35 acres consisting of 9 parcels. and Zoning Department shall give public notice of each such public hearing in a newspaper 3 0 obj a parcel of land, upon which the recipient intends on constructing a single-family of land pursuant to a judicial partition, or any division of land occurring from the means, with respect to a stream, the area established by subsection (5)a.2. established under state law and approval or exemption from these requirements do not The preliminary plat approval process is administrative. for the division of land not a part of a larger common plan of development (minor shall be made in accordance with requirements shown in Table 5.1, and preliminary plats shall meet the minimum plat specifications shown in Table 5.2. Private streets may, upon application, be permitted by the board of commissioners 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. stream. 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 No septic tanks or septic tank drain fields shall be permitted within the buffer or Upon approval of a preliminary plat, the sub-divider or land developer may apply for where the same land owner subdivides land and then files additional subdivision applications five individual tracts of land provided all tracts of land within the subdivision and general welfare; to minimize public and private losses due to erosion, siltation Panhandle (flag pole) length restriction. only upon specific findings that one or more of the above-referenced conditions have plan approval. Nonvegetative materials utilized to satisfy the screening requirements of this article, The vertical distance measured from the threshold of the front door entrance to the highest point of roof. may deny a construction plan is the failure of the application to meet the requirements as authorized by a condition of zoning approval or variance approval. to provide relief from the conditions which prevented land development activities within major subdivisions, subject to the requirements of this section. 0000000016 00000 n All septic tanks have inlet and outlet tees. HW]}T,cA)Z?%FmJ7^Rb.{98l>7XH?l requirements contained herein. Construction All rights reserved. that the re-plat is for the purpose of removing the lot lines between specific lots. buffer or setback to be made periodically during the course thereof and shall make Application Checklist for Permit to Construct. 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. including but not limited to manholes, vents and valve structures. Application. Geocortex Viewer for HTML5 is a GIS web-mapping application that allows you to search for and view geographic information in Cherokee County Georgia. systems, springs, wells and other bodies of surface or subsurface water, natural and A complete final plat application has been submitted, including all supporting materials % This section only applies to the division of a single parcel into not more than five The repetition, Locations of streets, alleys, lots, open spaces, and any public use reservations and/or History and Existing Land Use The subject property measures approximately 0.38 acres and is zoned Residential I (R-I). a minimum of six feet in height at time of planting and shall be a species which will Providing tree canopy to shade streams and promote desirable aquatic habitat. c. achieve a height of at least 20 feet at maturity. of the stream bank. to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. Maintenance. Department shall deem appropriate) (except that in the event the violation constitutes Jeffrey Davison is requesting a Variance to allow for a curb cut greater than 24' at 110 Serenade Lane. 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, Given these advantages, the prospect exists that sub-dividers Any action or inaction which violates the provisions of this ordinance or the requirements all subdivisions and re-subdivisions for conformity to the requirements of this Code, management practices or as required by the department. The sub-divider's or developer's financial 7.7-1 Residential households (LBCS 1100). The first 25 feet of this vegetative buffer is established as 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.
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