Frequently Asked Questions|Zoning 101

Zoning 101

What is Zoning?

Zoning governs the specific land use, height, area of land, and density for development allowed on a property. Zoning in unincorporated Cherokee County is governed by the Cherokee County Zoning Ordinance. Properties located within the city limits of Ball Ground, Canton, Holly Springs, Mountain Park, Nelson, Waleska, and Woodstock are subject to that city's zoning requirements. Inquiries about city zoning requirements should be directed to the appropriate city staff.

What do different zoning district designations mean?

In general, the zoning designations for residential uses begin with "R" (for example, R-40). Residential uses are also allowed in the AG (General Agricultural) zoning district. Zoning designations for commercial uses, such as retail stores, restaurants, offices, etc., are generally identified as OI, CP, NC, and GC. Industrial zoning designations are LI and HI. A complete list of districts and basic requirements can be found in Table 7.1 of the Zoning Ordinance.

How does the zoning district affect my property?

The zoning regulations for a specific zoning district limit the types of land uses, size of structures, and their location on the property. For example, accessory structures like detached garages, sheds, guest houses, and pools may not be in the front yard of a house within residential districts. Zoning district regulations also prevent someone from opening up an automobile service business at their home. Zoning affects commercial and industrial property as well, including requirements for buffers against residential lots.

When will the zoning district change on my property?

In most cases, the zoning district of a specific property does not change without the property owners' approval. Rarely, it becomes necessary to modify the list of zoning districts within the Cherokee County Zoning Ordinance.  In these situations, the existing zoning districts are modified to the most appropriate new zoning district.  Great care is taken to ensure the minimum number of properties become non-conforming or "grandfathered" at that time. Such a change in zoning will only take place after a public hearing.

What does it mean if a property is "grandfathered" ?

Buildings and land uses may have met the requirements of the Zoning Ordinance when they were built. After that point, a provision of the ordinance may have changed. At that point, the building or land use may not meet the requirements of the ordinance and is considered to have a non-conforming status or be "grandfathered." These buildings and land uses are prohibited from expanding once they are considered non-conforming. For land uses, there must be clear documentation that the land use took place continuously without any breaks lasting two years or more. Occupational Tax Certificates (OTC) or "business licenses" is the primary method for showing continuous operation of commercial or industrial land uses. Grandfathered or non-conforming status does not apply to buildings and land uses that were never legal.

What do the notice signs along the road mean?

Notice signs posted on a property mean that an application has been submitted for that property and that a public hearing will soon be held. Typically, orange signs are for Rezoning applications to change the zoning district on the property to a different district. Yellow signs are for variance or appeal applications to ask for an exception to the zoning ordinance or to appeal the Zoning Manager’s interpretation of the ordinance. Blue signs are for Special Use Permits for a particular use of a property.