Frequently Asked Questions|Rezoning and Special Use Permits

What is Rezoning?

Rezoning is a change in the zoning district of a parcel of land to allow a different use for that property.

What is a Special Use Permit?

A Special Use Permit allows the Board of Commissioners to review a use that is generally compatible with a zoning district but requires individual review to determine the appropriateness of the use for any site and its compatibility with adjacent uses. The Special Use Permit allows the Board of Commissioners to approve a use on a parcel without changing the zoning district.

How can I request to Rezone my property and/or obtain a Special Use Permit?

First, a property owner or an agent (with owner permission) meets with a member of the Planning and Zoning Department to discuss the process and review the application. Completing an application does not guarantee that a Rezoning or Special Use Permit will be approved by the Board of Commissioners. The Application for Public Hearing can be found on the Forms and Documents page.

How does the Rezoning and Special Use Permit process work?

The Rezoning and Special Use Permit process follows a strict set of steps governed by Georgia State Law and the Cherokee County Zoning Ordinance. A Rezoning or Special Use Permit generally takes three to six months to accomplish.  The process is generally described below: 

The zoning ordinance requires most applicants to have three meetings prior to submitting a Rezoning or Special Use Permit application. Applicants have a pre-application meeting with a member of the Planning and Zoning Department to discuss the project in order to make sure the proposed land use and requested zoning district match. They also discuss if the application is consistent with the Comprehensive Plan. Next, the applicant has a preliminary review meeting with the Plan Approval Team to discuss how any development regulations may impact the project. This meeting helps to identify many significant technical hurdles and costly items before applying for development and building permits. From here the applicant organizes and holds a Community Information and Input Meeting with surrounding property owners and other interested parties. 

With the three meetings complete, the applicant applies to the Planning and Zoning Department. The application will be reviewed by all County departments to ensure the project is feasible and designed in accordance with County ordinances. If the application is complete, the case will be placed on the agenda for the next Planning Commission Public Hearing. From there, Planning and Zoning staff work diligently to make the application available to the public and advertise the date of the public hearing. Information about applications is available on CherokeeStatus. Some parts of the application are not displayed online in accordance with State privacy laws. The applicant must post a sign for each parcel in the application and on all road frontages. Staff places the legal notice in the newspaper and notifies adjacent property owners. 

The Planning Commission discusses upcoming cases at their Work Session, usually the third Monday of each month. One to two weeks later, the Planning Commission holds a Public Hearing for the application. After public input, the Planning Commission makes a recommendation to the Board of Commissioners. One month later, the Board of Commissioners considers the application and acts, either to approve, approve with conditions, postpone, or deny.

What is a Public Hearing?

A Public Hearing is an opportunity for the public to provide input on an application. At a Public Hearing, the Zoning Manager presents an analysis of the application and other essential information. Then, the Planning Commission opens the Public Hearing by allowing the applicant to speak briefly. Next, anyone in support of the application is invited to speak. Finally, anyone in opposition may speak. Those in support and those in opposition are given a maximum of 10 minutes to speak during the Public Hearing. Once time has expired, the Planning Commission chairman will close the Public Hearing so the commission may begin deliberations.

How can I voice my opinion on a rezoning case outside of the public hearing?

The Planning Commission considers input in writing by letter or e-mail. Staff collects all feedback on an application and sends it to Planning Commission before the Public Hearing. 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 or Special Use Permit application near my home?

There are several ways you will know if an application has been filed. To notify the general public, a 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 newspaper at least 15 days before the public hearing. Also, in some cases, property owners within 1,000 feet of an application will be invited to a community meeting. Adjoining property owners will also receive a copy 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 on their webpage. The CherokeeStatus site allows users to view parts of the digital case file and search information on cases. Rezonings, Special Use Permits, and Variances can be found in 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 and Special Use Permit applications at their regular meeting at 7:00 p.m. on the first Tuesday of each month in Cherokee Hall at the County Administration Building (1130 Bluffs Parkway Canton, Georgia 30114). The Planning Commission also has a work session at 6:30 p.m. on the third Monday of each month at the County Administration Building. The Board of Commissioners generally hears zoning cases on the first Tuesday of each month at 6:00 p.m. in Cherokee Hall. All meetings are open to the public.