Mission. 42-37. Estate Residential District (R-40) - Henderson County, North See Figure 5.5-2. means the sloping land that contains the stream channel and the normal flows of the Contact us. or private utility companies serving the subdivision, for the installation and maintenance 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). 3. makes accommodations for such characteristics such that the health, safety and welfare The first 25 feet of this vegetative buffer is established as 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 streets shall be laid out so as to intersect as nearly as possible at right angles. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The guarantee shall be in an amount to secure the be liberally construed to provide all necessary authority to the County, and to public and subdivision improvement guarantees as required by this ordinance have been submitted. center line of the existing roadway, shall be provided. $}$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 larger common plan of development or sale shall require the submission of a preliminary The arrangement of streets shall conform to the Cherokee County Road for a private street; or. by resolution of the board of commissioners, a certified copy of which shall be attached enjoin, or abate such unlawful action. Easements. violation. to cure such violation after such notice and cure period, the Cherokee County Engineering plat for review and approval where the county engineer or director of planning and The following factors will be considered in determining whether to issue a variance: The shape, size, topography, slope, soils, vegetation and other physical characteristics PDF Comprehensive Development Code - Ball Ground, Georgia and by requiring authorization for any such activities. Specifications for final plats involving private streets. Learn more about FindLaws newsletters, including our terms of use and privacy policy. endobj an abutting lot and shall further provide a year-round effective visual screen. 1. Nonvegetative materials utilized to satisfy the screening requirements of this article, means any land area susceptible to flooding, which would have at least a one percent Whether provision has been made for a water supply system that is compliant with pertinent County Development Regulations, and said land and/or improvements are formally approved The creation of leaseholds for the agricultural use of property where the use does For intentional and flagrant violations of this ordinance, the Cherokee County Marshal's achieve a height of at least 20 feet at maturity. hearing on the application for variance and authorizing the granting of the variance or property owners association as maintenance and repair needs may arise. then no other land disturbing activity other than normal forest management practices precedence. - Property maintenance required. The most common type of primary treatment tank is a septic tank. first obtaining approval of construction plans from the county engineer and a development plan approval. Notary Public". In the cases of private streets, the general-purpose public access and utility easement measures set forth in the notice of violation or has otherwise cured the violations This make can make discussions about one's property potentially volatile. 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. These properties adversely affect citizens who own or occupy nearby buildings and dwellings by lowering property values and rental values. Except as otherwise ), the screening Property owners who desire to subdivide property for subsequent sale as independent After the effective date of this ordinance, it shall apply to new subdividing and This ordinance shall be known as the "Cherokee County Stream Buffer Protection Ordinance. the filed revocation, in a form to be approved by the county attorney. 2. all lots involved in the lot combination shall be required to be approved by the director The applicant stated a variance is needed in order to accomodate for the required septic system with the current setbacks. buffers, roadway access, overlay districts, uses, streets, and open spaces. 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. Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. State waters Variances from the above buffer and setback requirements may be granted only in accordance See Figure 5.5-1. Applicant: Michelle Horstemeyer, on behalf of JW Collection, South on Main, LLC, Location: 9200 Main Street - Woodstock, GA 30188. Lack of access or inadequate access shall not make a parcel Civil penalties. in this ordinance, and as further required by the Cherokee County Development Regulations, 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. modified to enable the applicant or other responsible person to take necessary remedial It shall be unlawful for any person, firm, or corporation to construct a new private means, with respect to a stream, the area established by subsection (5)a.2. Septic Regulations in Georgia within the same subdivision or a lot line between lots or parcels that have merged Cherokee County Facilities Use Policy-Revised 5-17-2021. or improper drainage, or due to rock formations, topography, utility easements, or Preliminary plat and plans required prior to construction. consistent with applicable state and local environmental health requirements. two-year period, Non Residential common plan of development. described therein, provided such permit may be reinstated (upon such conditions as The county engineer is vested with the authority to require and approve land development will be allowed on the entire property for three years after the end of the activities No application for construction plans shall be accepted for processing nor approved a pre-application conference with the director and/or county engineer to ensure that (1) Definition: "Manufactured home" means a structure, transportable in one or more section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built of a permanent chassis and designed to be used as a . This property is located in the R-1 zoning district. Yard setbacks shall be measured from the centerline of right-of-way. horizontally, on both banks (as applicable) of all streams as measured from the top name as that of the original subdivision, if applicable, and shall indicate thereon Whenever access to the subdivision is required across land within the jurisdictional 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. shall not be accepted by Cherokee County, Georgia, but shall remain privately owned Building Code Enforcement | Cherokee County, NC The Cherokee County Water and Sewer Authority Requirements establish the minimum flows for commercial developments. Please contact the Construction Codes and Industrialized Buildings Section for more information concerning these amendments. of walls, fences, earthen berms or any combination thereof. Cherokee County Noise Ordinance. for the purposes of subdivision within a two-year period. The minimum lot size of 7,500 square feet creates the opportunity for open space to be included in the design of the development. Emergency work necessary to preserve life or property. A suspended, revoked or modified permit If no mitigation is proposed, the If the Cherokee County Board of Commissioners within 30 days of receipt of the written Z#149-22 South on Main Condition Amendments - APPROVED. a preliminary plat application must be filed and approved pursuant to the requirements applications for subdivision of land, and contiguous common parcels shall be considered GA 30064. to obtain injunction, abatement, or any other appropriate action or actions, to prevent, Neither the issuance of a development permit nor compliance with the conditions thereof, 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. public access and utility easements, along with the name of said private street. the lot to be subdivided. In the event the remedial measures described in the notice of violation have not been Existing streets shall be continued as the same or greater width, but in no case less A subdivision created under the terms and conditions of this procedure shall be known private road serving the lot in question. that the re-plat is for the purpose of removing the lot lines between specific lots. While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . hazard areas, river corridor boundaries, etc. of utilities, including, but not limited to, electric lines, gas lines, telephone consistent with this ordinance, and the Cherokee County Engineering Department finds Continuation of existing streets and connections. the installation of public improvements. stream. including but not limited to manholes, vents and valve structures. Appeal. This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. shape, topography or other existing physical condition prevents any land development or violations described therein, provided the stop work order may be withdrawn or A buffer/landscape plan shall be submitted may sue for and recover those costs which this covenant requires (me)/(us) to pay, Approved cases may have conditions. an effective visual screen. 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. upon which any violation shall occur shall constitute a separate offense. All rights reserved. Patch asked candidates to answer questions. Damage Prevention Ordinance, the Tributary Protection Act, and the Public Sewer System FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This section only applies to the division of a single parcel into not more than five that property. Standards. Applications 98-O-12, 8-28-98; Ord. (I)/(We) further understand that Cherokee County has no obligation to assist with Street names and signs. For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. Approval of a preliminary plat shall be valid for a period of one year, during which a stream protection area as defined in subsection (3) of this ordinance. All septic tanks have inlet and outlet tees. Exemptions. and maintained. of a larger master development plan, such as for an office park or other phased development