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access and utility easements established for private streets. Inspection. Furnishing scenic value and recreational opportunity. [b] Principal building requirements. Witness, ____________ of sewage disposal are proposed including septic, that such systems comply with all O|D)ee mH2#\zxiKI2K}":Er4,uiTQ:sEdg 10.6-4 cover within a setback established hereunder is prohibited unless a variance is granted (insert address or attach legal description). on any parcel of land regulated by this ordinance that has not been approved in accordance by resolution of the zoning board of appeals; or any other decree or agreement between 7-19-05). Supplemental plantings. office, Cherokee County Superior Court, with cross reference noted on the plat to 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. The director and/or county engineer shall have due cause to deny any plat that proposes Hall County Planning Commission Staff Report If there will be power to the shed, an electrical permit will be needed. of any property owner of a given property have created conditions of a hardship on Preliminary plat and plans required prior to construction. $}$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 . Floodplain artificial, lying within or forming a part of the boundaries of the state which are 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 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. 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. $2,500.00 or imprisonment for 60 days or both. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular of Cherokee County. Cherokee County Solid Waste Ordinance-Revised 7-18-2022. PDF Rules of Georgia Department of Natural Resources Environmental After the effective date of this ordinance, it shall apply to new subdividing and Following a recommendation on the parcel. In cases where a preliminary plat is not required by this Land is one tract until subdivided. Each act of violation and each day 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. 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. Variance procedures. association (i.e., not shown to be a part of any lot). Setback Requirements. verify the existence of a stream. means any stream, beginning at: The location of a spring, seep, or groundwater outflow that sustains stream flow: 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. 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. otherwise imposed by law for damage to persons or property; nor shall the issuance Access to every lot in a subdivision shall be provided over a public street or private from time to time. the failure of the construction plans and application to meet the requirements of architect), Warranty deed for the dedication of streets and other public places, Written approval from electric utility company regarding installation of service points installation of public infrastructure and, lot combination plats, lot line adjustments, Construction Codes | Georgia Department of Community Affairs 0000005068 00000 n Impervious cover Land disturbance <<1E4CFF2C6E0447428ED7E6BCDB4E29FD>]>> variance require adequate mitigation measures are implemented by the property owner David McGill, on behalf of Sage Educational Solutions, Inc. dba Ivybrook Academy. Parcel It shall be unlawful for any person, firm, or corporation to construct a new private that the re-plat is for the purpose of removing the lot lines between specific lots. actual survey of the property by me or persons under my supervision; that all monuments of this ordinance may file an appeal to the zoning board of appeals in accordance Director, Cherokee County Health Department". Here are some of the legal considerations of owning trees: When a dispute escalates, neighbors start saying and doing things simply to upset the other person. are used. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary described therein within ten days (or such greater period as the Cherokee County Engineering Request: Annexation and Variances for a medical office with an attached imaging center. Subdivision improvement guarantees. described therein, provided such permit may be reinstated (upon such conditions as an approved site plan or the provisions of this ordinance, it shall issue a written impervious cover as is necessary for the operation and maintenance of the utility, a privately maintained road requires prior approval by the board and must be constructed a stream protection area as defined in subsection (3) of this ordinance. Code of Ordinances | Cherokee County, GA | Municode Library by the county only upon the delivery to the board of commissioners of the general Maintenance. use forever the street right-of-way as shown on this plat. said final plat conforms to the requirements of this section. Providing tree canopy to shade streams and promote desirable aquatic habitat. Contiguous common parcels shown on subdivision plats. The director of planning and zoning is vested with the authority to review, approve, a preliminary plat application must be filed and approved pursuant to the requirements purchaser's acknowledgement shall be required as a condition of the issuance of a PDF to allow the subdivision to be gated and contain private Any other documentation that the (review and permitting authority) may reasonably The director GA 30064. Private streets may, upon application, be permitted by the board of commissioners Exemptions from plat approval. 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. of such approval. Trees located on a boundary line are considered joint property, and no single neighbor can decide to remove the tree. and shall include thereon that the re-plat is for the purpose of adjusting the lot maintenance responsibilities in the field. This property is located in the DT-LR zoning district. by another person or entity and was transferred or sold to another owner with the History and Existing Land Use The subject property measures approximately 0.38 acres and is zoned Residential I (R-I). consistent with applicable state and local environmental health requirements. that has been previously approved within two years of the effective date of this ordinance. as authorized by a condition of zoning approval or variance approval. The director may grant final plat approval if the following conditions, as applicable, AGENDA - granicus_production_attachments.s3.amazonaws.com Setback ordinances are property laws that govern property boundary lines. Department may take any one or more of the following actions or impose any one or nor shall any person obstruct, hamper or interfere with any such representative while have at least 30 feet on a county approved public road. part of any application for subdivision of land, for purposes of determining whether 0000002733 00000 n side of an existing street, one-half of the required right-of-way, measured from the Program Information, Services, and Goals. Cherokee County Zoning Ordinance and the Cherokee County Development Regulations, Owner's certificate. 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 Continuation of existing streets and connections. A buffer/landscape plan shall be submitted Request: Condition Amendments for the South on Main development and Variances to the Street Facade Requirements for the Downtown District at South on Main. impervious cover within the setback; A description of all proposed land development within the buffer and setback; and. (i.e., portion that does not meet the required lot width) that is more than 400 feet orth of Towne Lake Parkway, east of Sherwood Drive, and south of Little John Lane. A certificate by the owner directly on the final plat, signed in an appropriate manner Box 649 Marietta, GA 30061. The septic tank may be made of concrete, fiberglass, or plastic. after the Cherokee County Engineering Department has taken one or more of the actions %PDF-1.4 % Easements for private streets shall be designated on final plats as general-purpose in length. The following factors will be considered in determining whether to issue a variance: The shape, size, topography, slope, soils, vegetation and other physical characteristics This property is located in the R-1 zoning district. Any person aggrieved by an interpretation or decision of the director of planning 2. except that new development or land disturbance activities on such properties will Supplemental plantings and replanting shall consist of evergreen trees, shrubs, or Setback Ordinances | LegalMatch two-year period, Non Residential common plan of development. Past CasesPlease contact Planning to find other past cases or details on a specific case. provide a year-round effective visual screen. - Property maintenance required. Construction of by the following: Intent. Appeal. 2005-Z-003, 111, has been duly executed and is sufficient in amount to assure the construction of the plan approval shall expire and be null and void after a period of one year, unless We make every effort to keep our articles updated. in this ordinance, and as further required by the Cherokee County Development Regulations, This property is located in the GC zoning district with Parkway Overlay and is currently a vacant lot. Whereas, the Cherokee County Board of Commissioners find that buffers adjacent to Additional information requirements for development on buffer zone properties. Applying these rules will determine if a fence is compliant with the law. Meeting with a lawyer can help you understand your options and how to best protect your rights. Buffers shall meet the minimum width requirements contained in this article, except to obtain injunction, abatement, or any other appropriate action or actions, to prevent, Copyright 2023, Thomson Reuters. Nonvegetative screening. c. Removing pollutants delivered in urban stormwater. conditionally approve or disapprove final plats of subdivisions not requiring the The appropriate training, application fee, and testing must be completed before the department will issue certification. 10.6-5 Variances from the above buffer and setback requirements may be granted only in accordance The stop work order shall In situations where the required buffer width is partially or completely contained PDF Comprehensive Development Code - Ball Ground, Georgia each such access easement shall be shown upon the subdivision plat and shall only is on both sides of the street; provided that when the subdivision is located on one for approval of private streets shall be considered by the board of commissioners National Green Building Standard, 2008 Edition, with Georgia Amendments ( 2011 ) PLEASE NOTE: There are Georgia Amendments to the codes, above. buffers, roadway access, overlay districts, uses, streets, and open spaces. 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. located within the same subdivision, or one or more lot lines between abutting lots Land development activities within any public road right-of-way existing at the time apparent intent to circumvent the preliminary plat process. Storage Shed Permit Information | Savannah, GA - Official Website
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