(a)

In its interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare, including those purposes, intents, objectives, or similar language as set out in various articles of this chapter.

(b)

Where the conditions imposed by any provision of this zoning chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or of any other law, ordinance, resolution, rule, or regulation of any land, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

Except as otherwise provided in article XII, pertaining to nonconforming uses:

(1)

All buildings erected hereafter;

(2)

All uses of land or buildings established hereafter;

(3)

All structural alteration or relocation of existing buildings occurring hereafter; and

(4)

All enlargements of or additions to existing uses occurring hereafter;

shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

Building permits are required for all structures erected, converted, enlarged, restructured, moved or structurally altered, and the provisions for said building permit shall be separately set out in the building code. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within one year of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of section 28-394, pertaining to permit procedures.

(a)

Every principal structure hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or an exclusive permanent easement of access to a public street; such exclusive easement to each individual lot to be at least 20 feet wide, unless a lesser width was duly established and recorded prior to the effective date of this chapter, or where such lot or parcel is a part of a neighborhood plan as outlined in section 28-194.

(b)

No exclusive permanent easement of access will be allowed to intersect another permanent easement of access, unless at the point of intersection the total width of exclusive permanent easement is equal to 20 feet multiplied by the number of lots or parcels served. The total width is required from the point of intersection to a public street.

(c)

However, a 60-foot-wide access easement to a public street will be permitted to serve a minor subdivision, as defined by the Development Rules and Regulations of Cherokee County. Any subdivision of land of five or more lots or parcels of land shall require full compliance with the street standards and specifications as outlined in the Cherokee County Development Regulations.

(a)

Requirements. No accessory building or use shall be constructed upon a lot until construction of the principal building has commenced. The preceding requirements shall not apply to accessory use and structures in the TND district.

(1)

Accessory structure. A structure detached from a principal building on the same lot and incidental and subordinate to the principal building.

(2)

Barn. Building traditionally used for storing hay, grain, etc., and often for housing livestock.

(3)

Lot coverage. The cumulative square foot measurement of the principal building footprint, any accessory buildings' footprints, and accessory uses such as pools along with the concrete decking and tennis courts, as well as patios of impervious material.

(b)

Location on lot.

(1)

Where an accessory building is structurally attached to a main building it shall be subject to and must conform to all regulations of the ordinance applicable to the main building.

(2)

When an accessory building is attached to the principal building by breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is accessory.

(3)

On a corner lot, no accessory building or use shall be located closer to any street right-of-way line than the principal building setback.

(4)

Accessory uses and structures shall be located on the same lot or parcel as the principal use or structure. No garage or other accessory building or use shall be allowed within a front yard area or be located closer to ten feet to a side or rear lot line. A two-foot overhang for eaves or gutters will be permitted within this ten-foot setback.

(c)

Number and size. No accessory use, or structure, or combination of, shall exceed the number or total lot coverage area shown in the attached chart. Wells, pumphouses, and wellhouses of less than 35 square feet, gazebos and other decorative structures of less than 120 square feet, farm outbuildings, and barns shall not be included in determining the allowable number or size. No accessory structure may exceed the footprint of the principal structure.

(d)

Height. No accessory building or portion thereof located in the required side or rear yard shall exceed 25 feet in height or the height of the primary structure, whichever is lower.

(e)

Structure limitations. Accessory structures shall not be used as dwelling units or for lodging purposes, except as otherwise provided herein (see section 28-100).

(f)

Incidental uses. The following accessory uses and structures and similar uses and structures which are incidental to a residential use or uses are permitted in their respective residential districts:

(1)

A children's playhouse; private greenhouse.

(2)

A swimming pool for private use. Pools shall be fenced with a sturdy material of chainlink or of material and colors compatible with the main dwelling; that prevents entry; that is continuous around the pool except for gate openings; that is a minimum of five feet in height; that has latches out of reach of children or at least five feet off the ground; and locked to exclude all persons, unless a responsible person is at the pool.

(3)

A garage, shed or building for domestic storage.

(4)

Signs, other than advertising signs, as permitted and regulated in each district incorporated in this chapter.

(5)

Public utility communication, electric, gas, water and sewer lines, their supports, and incidental equipment.

(6)

Carports.

(7)

A satellite disk or dish, subject to the same restrictions and requirements as sheds and storage buildings.

(8)

Domestic pets such as dogs and cats of an appropriate type and number kept inside or outside a structure but not violating health standards, constituting inhumane treatment or constituting a nuisance to neighbors. Farm animals, including horses, are not domestic pets for purposes of this provision.

(9)

No fence or freestanding wall, other than a retaining wall, shall be more than eight feet in height or be constructed in a public right-of-way or future street right-of-way as defined by the major thoroughfare plan. If a fence is adjacent to a public road right-of-way and within the required setback in a residential district, such fence shall not exceed six feet in height respectively and shall further meet the requirements set forth in this section. If a fence is placed on the property line, then it becomes an adjoining fence with that property owner. We recommend that fences be placed a minimum of six inches off the property line onto your property.

(10)

Guesthouses. Guesthouses are accessory structures which are allowed in residential districts. Only one guesthouse shall be constructed concurrently with or after the construction of the principal structure. Any living area included in a detached garage or swimming pool cabana is a guesthouse. Mini-warehouse facilities may establish one resident-manager of the facility.

Accessory Structure Standards

This chart would exclude a home or pool or tennis court accessory structures only.

Guesthouses are accessory structures which are allowed in the residential districts. Only one guest house is allowed per parcel or lot, and said guest house shall be constructed concurrently with or after the construction of the principal structure. Any living area included in a detached garage or swimming pool cabana is a guesthouse. A freestanding guesthouse shall not exceed 900 square feet of heated and finished floor area. When a guesthouse is combined with a detached garage or cabana, said total structure shall not exceed 1,200 square feet with a maximum of 900 square feet of heated and finished living space contained in the guesthouse portion of said structure. Mini-warehouse facilities may establish one resident-manager unit per facility. Said unit may only be occupied by the resident-manager of the facility.

In all zoning districts, no fence, wall, structure, shrubbery, or other obstruction to vision between the heights of three feet and 15 feet, except utility poles, light or street sign standards or tree trunks, shall be permitted within 25 feet of the intersection of the right-of-way lines of streets, roads, highways, or railroads, so long as the same also complies with state law.

For all business developments fronting on a state, interstate highway, and county road, no building permit shall be issued until the approval of the state department of transportation or the county engineer has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the department.

No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered, except in conformity with the regulations of this chapter.

(1)

Public buildings and use. Buildings erected and owned by any government or other public agency shall be permitted in any zoning district.

(2)

Street setback requirement. No building or structure shall hereafter be erected closer than 75 feet from the right-of-way of any existing two-lane arterial; or 65 feet from the right-of-way of any existing two-lane collector street; or 50 feet from the right-of-way of any existing four-lane interstate or arterial.

For the purposes of this chapter, all the streets, roads, and highways are classified as local streets, major or minor collector streets, arterial, and interstates. The classification of each street is shown on the Cherokee Road Classification Map which is on file in the office of the county planning and zoning department.

Except as provided in this article, the site plan of each business property shall include a minimum 20-foot width roadway which shall connect to adjoining business property. The road is not required to be paved unless and until the adjoining property is developed. The zoning administrator is authorized to grant an exception to this requirement upon presentation of an engineering feasibility study presented to and satisfactory to the county engineer that due to location, isolation, uniqueness of land, or topography, a connecting access is not feasible or is not warranted. Such an exception shall be made a part of the public record with the findings of the administrator set out and the engineering study attached.

The Cherokee County Development Standards, also known as regulations, and as may be amended; the Cherokee County Soil Sedimentation and Control Ordinance, and as may be amended; and the Cherokee County Floodplain Regulation Ordinance, and as may be amended, are incorporated herein and are made a part of this chapter for all purposes, including but not limited to interpretation, enforcement, and penalties. As between two conflicting provisions, this chapter shall control.