Frequently Asked Questions|Special Land UsesBack to Frequently Asked Questions
Special Land Uses
Below is information about common land uses that have additional requirements.
Churches and Other Places of Worship
Churches and other places of worship are allowed in all zoning districts except HI (Heavy Industrial) with additional requirements. Found in section 7.7-18a, these requirements read as follows:
Churches and other places of religious worship are permitted provided that:
(1) The buildings are located not less than fifty (50) feet from any street and not less than thirty (30) feet from any side or rear property line.
(2) Parking is not provided in the front yard setback area.
(3) If adjacent to residential zoned property, a buffer of at least fifty (50) feet wide shall be provided along the property lines adjacent to said zoning; provided, however, that this buffer may be reduced to no less than twenty (20) feet in width adjacent to the sanctuary building or “Sunday School” educational building and parking related to these buildings.
(4) Regardless of zoning classification, all buildings and related appurtenances shall comply with the provisions of Ordinance 2004-Z-001. (05-16-06)
Personal Care Homes
Cherokee County allows the full range of residential care facilities licensed by the State of Georgia, including but not limited to Personal Care Homes, Community Living Arrangements, Child Caring Institutions, Assisted Living Communities, and Nursing Homes. We allow small Personal Care Homes with six(6) or less ambulatory residents or Child Caring Institutions of up to 24 children in AG and all residential zoning districts with additional requirements (section 7.7-17a). See our Personal Care Home Guide for information about zoning, building code and fire marshal requirements for all facilities.
Day Care Businesses
Our day care regulations are aligned as much as possible with state licensing requirements. Family Day Care Homes with a maximum of 6 children are permitted as a home occupation in AG, R-80, R-40, R-30, R-20 and R-15 zoning districts with the appropriate state license.
Group Day Care Homes are permitted within AG, R-80, R-60, R-40, R-30, R-20, R-15 districts with the following requirements:
(1) Group Day Care Homes must be licensed by the State of Georgia and meet all applicable requirements.
(2) All proposed locations for Group Day Care Homes must meet the minimum lot area requirements for the designated zoning district.
(3) A Group Day Care Home shall be located on an arterial, major or minor collector road.
(4) The Group Day Care Home shall retain the outward appearance of a single-family home.
(5) Outdoor loudspeakers shall not be permitted.
(6) All exterior play structures, such as swing sets, playground equipment, etc., shall be located at least fifty (50) feet from any side or rear property line. If a year-round vegetative screen is provided at 85% opacity the setback may be reduced to 25 feet.
(7) Off-street parking shall conform to the parking regulations as provided in Article 12.
Commercial Day Care Centers are permitted within OI, NC, GC, CP and LI districts with the following requirements:
(1) Commercial Day Care Centers must be licensed by the State of Georgia and meet all applicable requirements.
(2) Commercial Day Care Centers shall be subject to the commercial development standards set forth in Article 7.5-3 and the Cherokee County Development Regulations.
(3) All exterior play structures, such as swing sets, playground equipment, etc., shall be located at least fifty (50) feet from any side or rear property line. If a year-round vegetative screen is provided at 85% opacity the setback may be reduced to 25 feet.
(4) Outdoor loudspeakers shall not be permitted.
AG (Agricultural) properties have no limits to the number of livestock except that the animals should be kept in safe and humane conditions. Livestock may be raised on property in a Residential zoning district as long as the lot has a minimum of 2 acres and only 1 animal per acre. The only exception to this residential livestock limit are the following Backyard Chickens provisions:
Backyard chickens: The keeping of hens supports a local, sustainable food system by providing an affordable, nutritious food source of fresh eggs. The keeping of hens also provides free nitrogen-rich fertilizer; chemical-free pest control; animal companionship and pleasure; and weed control, among other notable benefits. This regulation is intended to make provision for the limited keeping of female chickens (Gallus domesticus), referred to as hens, for the health, convenience and personal enjoyment benefits afforded by such use within single family residential districts provided that:
- No more than 8 hens are kept on a residential lot as a non-commercial accessory use
(i) Said residential lot must be 20,000 sf or greater
(ii) Residential lots greater than 8 acres may keep one additional hen per every whole acre over 8 acres
- No rooster shall be kept upon the property
- The slaughter of any hen on site is strictly prohibited.
- Hens shall be confined to a fenced enclosure located in backyard only. The enclosure shall be at least twenty five (25) feet from any property lines and fifty (50) feet from residential structures on adjacent properties, and shall enclose an area of not less than 10 sf per hen.
- Within the fenced enclosure, a well-maintained structure (henceforth referred to as a coop) shall be required for the hens. The coop must be less than 15 feet in height and impermeable to rodents, wild birds, and predators, including dogs and cats, and must contain 2 sf per hen.
- The coop and area within the fenced enclosure must be clean and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
- Odors from hens, hen waste, or other hen-related substances shall not be perceptible at the property boundaries.
- Provision must be made for the storage and removal of hen droppings and any dead birds. All stored droppings shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All other droppings not used for composting or fertilizing shall be removed. In addition, the coop, enclosure and surrounding area must be kept free from trash and accumulated droppings. Dead hens must be disposed of in a sanitary manner.
- Perceptible noise from hens shall not be loud enough at the property boundaries.