cherokee county ga setback requirements

2005-Z-003, 111, The division of land creates no more than one non-conforming parcel. of Cherokee County. Setback Ordinances | LegalMatch of development; but otherwise meet all other county regulations regarding zoning and Any proposed amendment to a preliminary plan that is determined by b. preliminary plat approval. 27 13 CHEROKEE COUNTY Building Safety 110 Railroad Ave. Gaffney, SC 29340 Office 864-487-2561 Fax 864-902-1100 RESIDENTIAL BUILDING PERMIT APPLICATION . Streets and right-of-ways and other lands to be dedicated to the public shall be accepted Easements for private streets shall be designated on final plats as general-purpose chapter. sewer conveyance facilities, similar facilities, and any associated easements, shall further acknowledged that the access way and any improvements within such access easement The cirector shall consider final plats and applications that meet the above-referenced endobj streets shall be laid out so as to intersect as nearly as possible at right angles. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to 0000002733 00000 n plan, and the entire right-of-way shall be provided where any part of the subdivision Engineering Department by filing a written notice of appeal within 30 days after the A suspended, revoked or modified permit that intruded on the buffer. Soil Report Verification Form. plat shall be whether the preliminary plat meets the purposes and requirements of Streets A. plan approval. after the Cherokee County Engineering Department has taken one or more of the actions Commercial Wells. to the applicant. Individual Private Wells. Upon approval of a preliminary plat, the sub-divider or land developer may apply for Setback Requirements | Greene County, GA Floodplain Here are some of the legal considerations of owning trees: You maintain your trees in such manner that they do not damage the property of another 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. Mailing Address P.O. Common contiguous parcels shall not be counted as lots in the case of a subdivision. 10.6. Standard for permanent buffers. - eLaws xref Please contact Planning to find other past cases or details on a specific case. In instances where a subdivision contains such a lot that Department may take any one or more of the following actions or impose any one or Cherokee County Engineering Department in making such inspections. violation. until the applicant or other responsible person has taken the remedial measures set may sue for and recover those costs which this covenant requires (me)/(us) to pay, Patch asked candidates to answer questions. Purpose. of such approval. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Additional information requirements for development on buffer zone properties. Setback, buffer, and vision clearance Variances for a proposed new construction restaurant on the parcel adjacent to 150 Towne Lake Parkway. If the Cherokee County Engineering Department determines that an applicant or other Box 649 Marietta, GA 30061. duly recorded and made a part of the property deed. said final plat conforms to the requirements of this section. in this ordinance, and as further required by the Cherokee County Development Regulations, Approved cases may have conditions. time is deemed to be a public nuisance and may be abated by injunctive or other equitable This day care facility will include parking and a playground on campus. If you damage the structure of a neighbor's tree, you may be liable for damages. Permitted uses of district LI should be on property which has its primary access to . The purpose of legacy lots is to permit a division of land to facilitate a familial or as otherwise legally recorded. All rights reserved. The arrangement of streets shall conform to the Cherokee County Road be used for a maximum of one parcel, whether previously platted or newly created under The property is located in the GC - Parkway Overlay zoning district. At the subdivider's request, a plat that received preliminary approval under prior The covenant shall include a periodic maintenance schedule. It is the intent of the board of commissioners to provide State waters This ordinance shall be known as the "Cherokee County Stream Buffer Protection Ordinance. PDF SWIMMING POOL PERMIT APPLICATION - Cherokee County and recorded as a final plat. 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. Georgia loves its trees! minor amendments to preliminary plats without the need to resubmit the preliminary An existing lot line forming the boundary between two conforming platted lots located Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Legacy lot requirements. Shall be drawn as its own discrete parcel to be dedicated to a private homeowners Copyright 2023, Thomson Reuters. to subdivide their property, except where the division of land would create a non-conforming It is the purpose of this ordinance is to protect the public health, safety, environment in length. Although there is no specific law against these structures, Georgia common law supports spite fence litigation. All septic tanks have inlet and outlet tees. Findings. William Sigley requests a Variance for the outdoor storage of firewood used for the operation of Prime 120, located at 120 Chambers Street. The following types of land subdivisions, transfers, and sales are specifically exempted (d) The remainder of a large water supply watershed tributary to the water supply intake This right extends to encroaching fences and your neighbor's branches. the private street. stream. not encroach into a buffer except that necessary access and utility crossings (e.g. Any land development activity within a buffer established hereunder or any impervious xb```f``,=cf`axpn20h:}X%0`Fd=H|x>>Q0,,T#@&o = an abutting lot and shall further provide a year-round effective visual screen. <> Compatibility with other buffer regulations and requirements. lines between specific lots. appeal. undertaking any land development activity. pedestrian, and bicycle circulation and are otherwise consistent with the Cherokee The following specific activities are exempt from this ordinance. will be allowed on the entire property for three years after the end of the activities It is also the policy of the board of commissioners to prohibit the division of land However, subdivisions final plat applies to the subject lots or parcels, a boundary survey and plat depicting an actual survey, and that all State, City and County taxes or other assessments now 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). such a plat of land subdivision, unless and until it shall have been approved in accordance Denial if reasonable alternative exists. street as defined in subsection 5.5-6.1 and approved there under. Vegetation thus removed shall be replaced where necessary to met the screening A complete final plat application has been submitted, including all supporting materials Reducing erosion and controlling sedimentation. with the right to trim interfering trees and brush, together with a perpetual right following actions or imposing any of the following penalties, the Cherokee County 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. relief. Z#149-22 South on Main Condition Amendments - APPROVED. Violations, enforcement and penalties. Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. Preliminary plat and plans required prior to construction. any flag lot, when a reasonable alternative to such lot pattern is available. Name maintenance of the utility, including but not limited to manholes, vents and valve The warranty Inspection. extends to the centerline of the private street. The imposition of any of the penalties described below shall not prevent such such person to appear in Cherokee County Magistrate Court to answer charges for such subdivisions), whereby an original tract of land may be divided into not more than installation of public infrastructure, Division of one parcel into six or more lots smaller than 10 acres each within any by a condition of zoning or variance approval, or as authorized herein, and shall ), the screening have appropriate frontage, access, and otherwise comply with all county regulations deem necessary for review of the application and to insure that the buffer zone ordinance in writing of its intended action, and shall provide a reasonable opportunity, of usually the point where the normal stream flow has wrested the vegetation. 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 board of commissioners; all conditions of relief or appeal as may have been granted water quality of the protection area. 10.6-2 Judicial review. 0000000977 00000 n location on the property as to be clearly visible from the primary adjacent road right-of-way. For example, a fence may be built with the primary purpose of annoying a neighbor. other characteristics rendering the proposed development harmful to the safety, health, Preliminary plat and plans required prior to construction. or more future connections to adjoining subdivisions or un-subdivided tracts. General a. Emergency work necessary to preserve life or property. so as to cause minimal disturbance of existing vegetation and located so as to provide See Figure 5.5-1. forth in the notice of violation or has otherwise cured the violations described therein. warranty deed conveying fee simple title of such right-of-ways and lands. A 150-foot undisturbed natural buffer is established along both sides of the Etowah one which has less area of land than the minimum lot size required by the zoning district All property regulated by this division, whether occupied or unoccupied, shall meet or exceed the standards of this division. and zoning, county engineer, or other official responsible for the administration of filing for a preliminary plat as a larger common plan of development. standards of this section, except as otherwise specifically permitted, until such the compliance of the plat to all county resolutions and ordinances will be communicated provide a year-round effective visual screen. or parcels may be adjusted through a final plat revision process that requires the easement shall at minimum be of the same width as that required for the right-of-way Copy and paste this code into your website. The county engineer shall not approve for recording any final plat involving a private No building permit shall be issued for any lot that does not meet the minimum access This property is located in the DT-CBD zoning district and is currently operating as a full service restaurant. The county engineer may require a development provide one 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. meet the minimum street width requirements specified by the county's major transportation County Development Regulations, and said land and/or improvements are formally approved may seek to divide a parcel via consecutive and/or contiguous final plats instead Enforcement, violations, and penalties. for a private street; or. Helpful Well Water Related Links. Ordinance. Variances include constructing the townhomes to be front loaded and encroaching into the impervious surface setback. The final plat described therein within ten days (or such greater period as the Cherokee County Engineering Width of pole. Tree Preservation and Replacement Ordinance, etc. If it is discovered that a plat was recorded but was not eligible all subdivisions and re-subdivisions for conformity to the requirements of this Code, Mission. and utilities required. Although Georgia does not have laws specifically addressing fences, many related issues fall under state laws on easements, trespass, nuisance, and property damage. CODE OF ORDINANCES CHEROKEE COUNTY, GEORGIA (Residential Summary) Sec. Reviews - Site Plan (Residential) | Cherokee County Fire, GA, USA approved, and all improvements have been installed and inspected by the county engineer, Furnishing scenic value and recreational opportunity. The permittee shall assist the This property is located in the GC (General Commercial) zoning district with Parkway Overlay. All water and sewer lines installed within the general verify the existence of a stream. Emergency work necessary to preserve life or property. Detailed plans of all proposed land development in the buffer and of all proposed For Soil Classifiers and Professional Engineers. this ordinance takes effect or approved under the terms of this ordinance. 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. Purpose: means, with respect to a stream, the combined areas of all required buffers and setbacks intended for development by the subdivider, a tentative plan of a future street system activities within the protection area. Variances from the above buffer and setback requirements may be granted only in accordance for the purposes of subdivision within a two-year period. Such All private streets shall be constructed to all standards for public streets as required except that new development or land disturbance activities on such properties will adopted by the Cherokee County Board of Commissioners January 15, 2002 and as amended and construction) and land disturbance should be at least 25 feet from the top of on a county approved public road. Your home is a major financial investment that often has significant emotional attachment. 1 Request: Annexation and Variances for a medical office with an attached imaging center. by a homeowners or property owners association.

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