Frequently Asked Questions|Rezoning ProcessBack to Frequently Asked Questions
What is Rezoning?
Rezoning is a change in the zoning district of a parcel of land to allow a different use for that property.
How can I request to rezone my property?
A property owner or an agent (with owner permission) may apply to rezone a property. Filing an application does not guarantee that a rezoning will be approved. The Application for Public Hearing form can be found on our Forms and Documents page.
How does the rezoning process work?
The rezoning process follows a strict set of steps that are governed by Georgia State Law and our Cherokee County Zoning Ordinance. This workflow is generally described in paragraphs below.
We require most applicants to have three meetings prior to submitting their rezoning application. They have a pre-application meeting with the Zoning Administrator to discuss the project in order to make sure that proposed land use and requested zoning district match. They also discuss if the the zoning change is supported by the Future Development Map. From here the applicant, organizes and holds the Public Participation Meeting with surrounding property owners and other interested parties. The applicant also has a preliminary review meeting with all relevant county staff to discuss how any zoning and development regulations will impact the project on the site. This meeting helps to identify most significant technical hurdles and possibly costly items before applying for development & building permits.
With the three meetings complete, the applicant submitts an application to the Planning and Land Use Department. If the application is complete, the case will be put on the agenda for the next available Planning Commission Public Hearing. From there, Planning and Land Use staff work diligently to make the application available to the public and advertise the date of the public hearing. Full applications are available through our Cherokee Status page. The applicant must post a sign for each parcel in the application and on all road frontages. Staff handles the legal ad in the newspaper and notifying adjacent property owners.
The Planning Commission discusses upcoming cases at their Work Session, usually the third Monday of the month. 1 to 2 weeks later, the Planning Commission holds the Public Hearing for the case. After the public input, the Planning Commission decides on their recommendation to the Board of Commissioners. Two weeks later, the Board of Commissioners considers the rezoning application and takes action, either to approve, approve with conditions or deny.
What is a Public Hearing?
A public hearing is the opportunity for the general public to have input in-person into the decision making process for an application. First, the Planning and Land Use staff presents the essential information from the application. Then, the Planning Commission Chairperson opens the Public Hearing by allowing the applicant to speak briefly. Next, anyone in support of the applicaiton is invitied to speak. Finally, anyone in opposition may speak. Those in support and those in opposition are each typically given a maximum of 10 minutes total to speak during the Public Hearing. Once time has expired, the Planning Commission Chairperson will close the public hearing so the commission members may begin their deliberations.
How can I voice my opinion on a rezoning case outside of the public hearing?
The Planning Commission also considers input in writing by mail or email. Planning staff packages up all feedback on a particular case and sends it to Planning Commission members a few days before the Public Hearing. Feel free to send your letters or messages to the Zoning Admistrator. Feedback may also be provided to the members of the Board of Commissioners for their consideration prior to the final decision.
How will I know if anyone has submitted a rezoning application near my home?
There are a number of ways that you will know a rezoning application has been filed. To notify the general public, an orange sign is posted on the property along a road frontage at least 30 days before the public hearing and a legal ad is run in the Cherokee Tribune at least 15 days before the public hearing. As discussed in the rezoning process above, property owners within 750 feet of rezoning property will be invited to a public participation meeting, if required. Adjoining property owners will also receive a copy of the text of the legal ad in the mail at least 7 days prior to the public hearing.
Where can I find a list of current or recent zoning cases in Cherokee County?
The agendas and minutes of the Planning Commission are available through their webpage. The CherokeeStatus website offers the ability to view the digital case file and search information on cases dating back to 2008. Rezonings and variances can be found through the first column of the search page under Planning Applications.
When do the Planning Commission and Board of Commissioners meet?
The Planning Commission holds public hearings for rezoning applications at their regular meetings at 7:00 p.m. on the first Tuesday of each month in Cherokee Hall at the County Administration Building at 1130 Bluffs Parkway, Canton, Gerogia. The Planning Commission also has a work session at 6:30 p.m. on the third Monday of each month in the Business Center at the County Administration Building. The Board of Commissioners generally hears zoning cases on the third Tuesday of each month at 6:00 p.m. in Cherokee Hall. All of these meetings are open to the public.