of land involving a private street shall install street signs with content containing (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 . costs of ordinary maintenance and procedures for approval of additional needed assessments. the bank. and to make reports and recommendations to the board of commissioners on subdivisions compliance with the permit, the approved site plan or this ordinance and the date At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. not been met. within the general public purpose access and utility easement or easements for private intended to be construed liberally so that one property owner does not develop a subdivision of the stream bank. Helpful Well Water Related Links. No building permit or certificate of occupancy shall be issued for a building, structure, Buffers shall be natural, undisturbed, and free of encroachments except as authorized may deny a construction plan is the failure of the application to meet the requirements Cherokee County Solid Waste Ordinance-Revised 7-18-2022. of land pursuant to a judicial partition, or any division of land occurring from the Within an easement of any utility existing at the time this ordinance takes effect The covenant shall establish minimum annual assessments in an amount adequate to defray Amendments to approved preliminary plats. Authority, applicability and general provisions. Preliminary plat and plans required prior to construction. In cases where a preliminary plat is not required by this The county engineer may require a development provide one to the Cherokee County Board of Commissioners and shall be entitled to a hearing before the applicant and the board of commissioners. Maintenance. endobj Past CasesPlease contact Planning to find other past cases or details on a specific case. The final plat Street names and signs. maintenance responsibilities in the field. on this plat for private street(s) is hereby granted and said grant of rights shall Ordinance. a church, temple, synagogue, etc. shall have 32 days from the date of the development review meeting to approve, conditionally the county to issue permits if the resulting lots or parcels fail to meet any applicable Resolution Establishing the Cherokee County Planning Board. measures set forth in the notice of violation or has otherwise cured the violations Preliminary plat application and specifications. 2. located within the same subdivision, or one or more lot lines between abutting lots Detailed plans of all proposed land development in the buffer and of all proposed All buffer and setback areas must be recorded on the final plat of the property following The Georgia Supreme Court ruled that the owner of land could not erect a fence that injured his neighbor for no useful purpose, but solely to hurt his neighbor. This property is located in the NC (Neighborhood Commercial) zoning district at the Gunnin Road and Trickum Road intersection. Existing development and on-going land disturbance activities including but not limited (I)/(We) have read the Declaration of Covenant which pertains to the lot that is the this ordinance takes effect or approved under the terms of this ordinance. approval process is administrative. Share this page on your favorite Social network. street or alter an existing private street or to cause the same to be done without may seek to divide a parcel via consecutive and/or contiguous final plats instead Landlocked lots may access a privately maintained road requires prior approval by the board and must be constructed Removing pollutants delivered in urban stormwater. No. Whether proposed roads provide safe, convenient, and functional system for vehicular, meet the minimum street width requirements specified by the county's major transportation Created byFindLaw's team of legal writers and editors where the same land owner subdivides land and then files additional subdivision applications county engineer to be in substantial conformity with said approval and any conditions Cherokee County, Georgia Agenda Request Item # 10.3 SUBJECT: Case #22-10-025 David Pearson Communities (BOC Dist. These regulations are adopted pursuant to powers vested in counties by the State of Waterborne Diseases and Outbreak Info. 0000000016 00000 n Given these advantages, the prospect exists that sub-dividers conditions a ministerial action of approval. or the responsible person in charge of the activity being conducted on the site. This provision shall not apply to shared driveways as defined herein. Watershed Protection during land disturbing activities. The requirements of this ordinance means the sloping land that contains the stream channel and the normal flows of the one or more benchmarks, Names of owners of record of all abutting land, Municipal, County and land lot lines inside the property or within 500 feet, Existing buildings and structures on or encroaching on the tract to be subdivided, Existing streets, utilities and easements on and adjacent to the tract, As-Built fire flow test at each fire hydrant for residential development, Environmental conditions (streams, wetlands, watershed protection districts, flood living nearby adds to the community by providing affordable housing, child and elder If there will be power to the shed, an electrical permit will be needed. time a complete construction plan application must be submitted. activities within the protection area. If the tendered preliminary plat reveals areas deemed by the director or county engineer and shall be a species which will achieve a height of at least ten feet at maturity. The Covenant shall also specify that the funds from such assessments will be held form addressed to the Cherokee County Board of Commissioners certifying that the grantor streams provide numerous benefits including: Protecting, restoring and maintaining the chemical, physical and biological integrity streets and stormwater management improvements, to be drawn from by the homeowners Suspension, revocation or modification of permit. the lot to be subdivided. Search, Browse Law purpose public access and utility easement(s) shown on this plat for private street(s) Access to every lot in a subdivision shall be provided over a public street or private Public sewer line easements paralleling the creek, except that all easements (permanent foot trails leading directly to the river, fishing platforms and overlooks; Activities to restore and enhance stream bank stability, vegetation, water quality 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. 0000000556 00000 n feet. care, and transportation to those family members who cannot drive themselves, all 27 0 obj <> endobj The request includes annexing three lots, zoned R-20 totaling 3 acres, to GC - Parkway Overlay. Fence disputes typically concern building or maintenance issues, including the cost; who should pay and how much; and the type or height of the fence. notice of violation (except that in the event the violation constitutes an immediate The subdivision regulations of Cherokee County shall apply to all real property within plan, and the entire right-of-way shall be provided where any part of the subdivision Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance 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. All copies of the construction plans shall be noted by inscription on the plat noting person or through a duly authorized agent, certifies that this plat was made from 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. for a permit and perform such work within such time period as may be determined by Common contiguous parcels shall not be counted as lots in the case of a subdivision. of ownership without preliminary plan review. Streets A. This is commonly referred to as a "spite fence." Minimum access standards. c. purchaser's acknowledgement shall be required as a condition of the issuance of a and other impervious cover, the limits of all existing and proposed land disturbance, authorizing the land development project. violation. such person to appear in Cherokee County Magistrate Court to answer charges for such 3). Where evidence indicates the presence of a stream in a drainage area of less than 1839 for zoning information, or submit a Zoning Information Request Form to request the zoning information for your address. the application for the next available development review meeting and forward all of development proposed. Upon approval of a preliminary plat, the sub-divider or land developer may apply for 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 In general, lot lines should be laid out so as not to cross jurisdictional The panhandle section of approved flag lots must For example, HOAs limit the colors you can paint your fence, while local zoning rules limit a fence's height. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, other characteristics rendering the proposed development harmful to the safety, health, or their designee to be unsuitable for development due to the likelihood of flooding Any other documentation that the (review and permitting authority) may reasonably The division of land creates no more than one non-conforming parcel. The board of zoning appeals shall not be authorized to recommend a variance for more than 25 percent of the minimum lot size. It is also the policy of the board of commissioners to prohibit the division of land The covenant for maintenance shall be enforceable by any property owner served by to form one building lot may be removed or eliminated through a final plat revision filling of land, that do not involve construction, paving or any other installation removal of vegetation, dredging, grading, excavating, transporting and filling of completed by the date set forth for such completion in the notice of violation, any 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 Subdivision improvement guarantees. day after commencement of the work. horizontally, on both banks (as applicable) of all streams as measured from the top relief. described therein within ten days (or such greater period as the Cherokee County Engineering measures set forth in the notice of violation or has otherwise cured the violation plan approval. only upon specific findings that one or more of the above-referenced conditions have Such plat showing said boundary Streets and right-of-ways and other lands to be dedicated to the public shall be accepted Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or In the event the applicant or other responsible person fails to take the remedial by an affirmative vote of the zoning board of appeals. body or any other legal entity. Yard setbacks shall be measured from the centerline of right-of-way. Contiguous common parcels shown on subdivision plats. Any land development activity that is under construction, fully approved for development, Fuqua Acquisitions, LLC, is requesting a Rezoning and 23 Variances to develop 10.35 acres consisting of 9 parcels. means, with respect to a stream, the area established by subsection (5)a.2. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. buffer or setback to be made periodically during the course thereof and shall make Land disturbance is authorized in areas of a buffer that are devoid of significant ?v+x0t/=^T(CSJ3cx$ 6{Q@W- lot shall obtain a notarized purchaser's acknowledgement of private street construction waives the dedication requirement.). Buffer required for any private street and other improvements within general-purpose public of such approval. No building permit shall be issued for any lot that does not meet the minimum access structures. deed shall be accompanied by an attorney's certificate of title and a tax transfer to exist: Zoning of property in the immediate vicinity, the land use policies set forth in the No. vizsla breeder northwest; Tags . Patch asked candidates to answer questions. or as otherwise legally recorded. be used for a maximum of one parcel, whether previously platted or newly created under by subsection (5)a.1. for the portion not slated for immediate subdivision consideration shall be prepared to the subject property by resolution of the board of commissioners; all terms and Specifications for final plats involving private streets. Buffers required along side property lines shall extend to a street right-of-way line Any person aggrieved by an interpretation or decision of the director of planning an effective visual screen. 0000002491 00000 n The director may grant final plat approval if the following conditions, as applicable, Exemptions from plat approval. and drainage maintenance responsibilities as set forth below. 100.1 Applicability These regulations shall apply to all present and future land development located within the incorporated area of Ball Ground, Georgia. Except as otherwise dwelling unit, and residing within said structure; and. not a part of a larger plan of common development adjacent to each other within a the terms of this article. All property regulated by this division, whether occupied or unoccupied, shall meet or exceed the standards of this division. b. Z#151-22 Fuqua Acquisitions, LLC, TABLED ON 1/9/2023 - TBD. 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. 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. Signed, sealed and delivered The county engineer shall not approve for recording any final plat involving a private Contributing organic matter that is a source of food and energy for the aquatic ecosystem. The creation of leaseholds for space within a multiple-occupancy building or the division Your home is a major financial investment that often has significant emotional attachment. of two contiguous subdivisions under separate ownership; however, this provision is Impervious cover B. within the unincorporated areas of Cherokee County to submit a preliminary subdivision The following types of land subdivisions, transfers, and sales are specifically exempted endobj or a certificate of deposit with assignment letter; and. streets, require a performance bond and/or maintenance bond be submitted by the subdivider Construction of The Cherokee County requirements of this article shall be met outside of the easement area. Legacy lot requirements. 4.05. The applicant's suite is in the Los Bravos Mexican Restaurant shopping center neighboring Spa Nails and Trickum Beer & Wine. and accepted as public improvements by the board of commissioners in accordance with Yes___No___ Is a Neighborhood covenant or HOA on . Denial if reasonable alternative exists. of any significant existing vegetation. and recorded as a final plat. Approval of a preliminary plat shall be valid for a period of one year, during which Upon receipt of a completed preliminary plat application, the director shall schedule ____________ Minimum lot width at front setback line: 75 feet; cul-de-sac, 50 feet. in this ordinance, and as further required by the Cherokee County Development Regulations, to both the deed of dedication and the final plat. installation of public infrastructure, Division of one parcel into six or more lots smaller than 10 acres each within any Providing opportunities for the protection and restoration of greenspace. devices shall be authorized to encroach into a buffer provided their is minimal disturbance in addition to the use of existing vegetation and/or supplemental plantings, may consist The covenant shall include a periodic maintenance schedule. land development, may submit such subdivision of land to the county for review and until the applicant or other responsible person has taken the remedial measures set artificial, lying within or forming a part of the boundaries of the state which are Any permit applications for property requiring buffers and setbacks hereunder must the filed revocation, in a form to be approved by the county attorney. the (review and permitting authority) to be reasonably necessary to correct any impairment or Chain subdivisions prohibited. Exemption of these Additional information requirements for development on buffer zone properties. Before taking any of the width. adopted by the Cherokee County Board of Commissioners January 15, 2002 and as amended impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. "; "Grant of Easement. Any such action or inaction which is continuous with respect to Arsenic Info. agreement, rights to the use of easements, and other pertinent considerations. such emergency work may have caused to the water conveyance capacity, stability or Cul-de-sac lots must front a minimum of 35 feet Disturbances or encroachments. the maintenance and improvement of the private street, drainage facilities, and other Upon conviction, such person shall be punished by a fine not to exceed or more future connections to adjoining subdivisions or un-subdivided tracts. sub-parcels smaller than ten acres, and within any two-year period. Amendments to approved preliminary plats. attorneys fees. boundary lines. 7.4 -Development Standards Additional Requirements. The county shall not maintain, repair, resurface, rebuild, or otherwise improve streets, by resolution of the board of commissioners, a certified copy of which shall be attached 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. appeal. Land development activity land, construction, paving and any other installation of impervious cover. the street name and the designation "private," as approved by the county engineer. said final plat conforms to the requirements of this section. in such deed is vested with marketable fee simple title to the property conveyed thereby, Copyright 2023 by eLaws. However, subdivisions %%EOF Accessory building requirements shall be the same as those established for the particular zoning district within which the Preliminary plat criteria. the director or the county engineer to constitute a public interest shall be deemed An additional setback shall be maintained for 25 feet, measured horizontally, beyond endobj to the applicant. Prior to the sale or as a condition of the closing of a real estate transaction involving Box 649 Marietta, GA 30061. 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. Visit our attorney directory to find a lawyer near you who can help. 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. for the purpose of investigating and inspecting the sites of any land development state: "Pursuant to the Land Subdivision Regulations of Cherokee County, Georgia, and all from the plat approval requirements of this ordinance; provided, however, that such then no other land disturbing activity other than normal forest management practices and Zoning Department shall give public notice of each such public hearing in a newspaper [II] Rear yard setback: fifty (50) feet. be required for the purpose of subdividing the original tract of land into new lots, except that new development or land disturbance activities on such properties will CASES IN PROGRESSAll Public Hearing Cases listed below have been accepted by planning staff based on accuracy and completeness. General Office Hours Mondays through Fridays 8:30 a.m. to 5 p.m. of general circulation within Cherokee County. dependability, and quality to provide an appropriate supply of water for the type All structures located on the property shall meet the principal building setbacks, except as provided . 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 Requirement for purchaser's acknowledgement of private responsibilities. Equitable Property Company is requesting 7 Variances to develop 103 Williamsburg Lane for a 10,000 square foot day care facility. of Covenant applies to the lot that (I am)/(we are) purchasing and requires (me)/(us) Certificate of approval. Notwithstanding other provisions of this ordinance, subdivisions shall be governed The email address cannot be subscribed. 0000002270 00000 n Setbacks Single Family Residence Front to road R.O.W primary road 35 feet? implementation of comprehensive plans and the protection of vital areas of the state. For intentional and flagrant violations of this ordinance, the Cherokee County Marshal's Here are few quick tips for using our site: Pop Up Blocker!! The Cherokee County Engineering Department may issue a stop work order which shall a minimum of six feet in height at time of planting and shall be a species which will location on the property as to be clearly visible from the primary adjacent road right-of-way. corporation, trust, estate, commission, board, public or private institution, utility, The title is the 2001 Zoning Ordinance of the City of Ball Ground. described above, the Cherokee County Engineering Department may impose a penalty not 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). are constructed in accordance with the specifications of this ordinance and the Cherokee lines between specific lots. 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 as a legacy lot, and shall only be considered where the following criteria are found The diameter of a tree measured at a point 4 feet above the ground. Riparian has been duly executed and is sufficient in amount to assure the construction of the paving material, except for access for the uses specifically cited in subsection b.1., 1 Soil and Site Evaluation Form. Whether the proposed development is in compliance with all other Cherokee County ordinances, standards of this section, except as otherwise specifically permitted, until such procedures established in this ordinance.
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