STATE OF GEORGIA COUNTY OF CHEROKEE ORDINANCE NO. 2009 O - 006 AN ORDINANCE OF THE CHEROKEE COUNTY BOARD OF COMMISSIONERS TO AMEND THE CHEROKEE COUNTY CODE OF ORDINANCES AND THE CHEROKEE COUNTY ZONING ORDINANCE; TO PROVIDE FOR CERTAIN DEFINITIONS; TO ADDRESS THE PARKING OF COMMERCIAL, INDUSTRIAL, AND HEAVY VEHICLES; TO PROVIDE FOR THE REGULATION OF JUNK VEHICLES; TO ADDRESS THE PARKING OF RECREATIONAL AND OTHER VEHICLES; TO REPEAL CONFLICTING PROVISIONS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER RELATED PURPOSES. WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph I thereof, that the governing authority of the County may adopt clearly reasonable ordinances, resolutions, and regulations; WHEREAS, O.C.G.A. 36-1-20 authorizes counties to enact ordinances for protecting and preserving the public health, safety, and welfare of the population of the unincorporated areas of the County; WHEREAS, the governing authority of Cherokee County, to wit, the Board of Commissioners, desires to exercise its authority in adopting this Ordinance; WHEREAS, the Cherokee County Board of Commissioners (the Board ) finds that it is in the public interest to repeal and amend certain provisions of the Cherokee County Zoning Ordinance and the Cherokee County Code of Ordinances to enhance land use standards and to provide for consistency with the Board s simultaneous adoption of the Cherokee County Property Maintenance Ordinance; and WHEREAS, appropriate notice and hearing on this Ordinance before the Board has been carried out according to general and local law. NOW, THEREFORE, BE IT ORDAINED AND ADOPTED as I. ZONING ORDINANCE AMENDMENTS A. ARTICLE 4 RULES AND DEFINITIONS Article 4, Section 4.3 of the Cherokee County Zoning Ordinance is amended by striking the existing definition of junk vehicle in its entirety and replacing same with a new definition to read as Junk vehicle means any vehicle which either does not have lawfully affixed on it an unexpired license plate or tax stamp, or which vehicle is wrecked, dismantled, or partially dismantled to the extent it may not be lawfully driven on the public roads. Page 1 of 5
Section 4.3 is further amended by adding the following definition of vehicle, which shall be placed alphabetically between the definitions of Use and Wild animal, and which shall read as Vehicle means any means of conveyance, whether self-propelled or not, that is designed to travel on the ground or on water or in the air, including, but not limited to, automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, campers, recreational vehicles, boats, airplanes, train cars, and any means of conveyance which are designed to be pulled by motorized vehicles upon the roadway such as boat trailers, wagons, balers, motorcycle trailers, auto transport trailers, and any other trailer designed to haul specific items attached to motor vehicles on the roadway. B. ARTICLE 7 DISTRICT USES AND REGULATIONS Article 7, Section 7.7-55 of the Cherokee County Zoning Ordinance shall be deleted in its entirety, and shall be amended to read as Section 7.7-55. Parking of Commercial, Industrial, and Heavy Vehicles. Parking of commercial, industrial, and heavy vehicles, and any other vehicles, in any district shall be governed by the Cherokee County Property Maintenance Ordinance. C. ARTICLE 9 HOME OCCUPATIONS Article 9, Section 9.3-11 of the Cherokee County Zoning Ordinance shall be deleted in its entirety, and shall be amended to read as No more than two (2) vehicles shall be utilized in the business. In any event, no vehicle shall be allowed in violation of the Cherokee County Property Maintenance Ordinance. D. ARTICLE 12 OFF STREET PARKING REGULATIONS Article 12 of the Cherokee County Zoning Ordinance shall be amended to add a new Section 12.6 as Section 12.6. Parking of Vehicles. All parking of vehicles shall be in compliance with the Cherokee County Property Maintenance Ordinance. Page 2 of 5
II. CODE OF ORDINANCE AMENDMENTS A. CHAPTER 14 BUILDINGS AND BUILDING REGULATIONS The Cherokee County Code of Ordinances, Chapter 14, Section 34, shall be amended as By adding the italicized and underlined language to subsection 14-34(b), such that the amended subsection shall read as (b) Upon the first violation of any of the provisions of this Ordinance, a warning citation shall be issued by the Marshal. Upon the second violation of any of the provisions of this Ordinance, a citation shall be issued and the individual shall go before the Cherokee County Magistrate Court. Notwithstanding the foregoing, the Marshal may, in his discretion, issue a citation, without warning, upon a first violation of the Litter Control provisions of Division 5 of this Ordinance. Upon conviction by a court of competent jurisdiction, the offending person will be guilty of a criminal misdemeanor and shall be subject to criminal penalties not to exceed $1,000.00. For purposes of sentencing, the first citation before the Magistrate Court shall be deemed the first offense, however, consideration may be given by the Court to the previous warning citation. The remainder of Section 14-34 shall remain unchanged. In addition, the Cherokee County Code of Ordinances, Chapter 14, Section 35, shall be amended as By deleting the existing definition of Family and replacing same with the following language, which will appear alphabetically in the Section between Extermination and Garbage : Family. An individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit; provided however that domestic servants employed on the premises may be housed on the premises without being counted as a separate family or families. The term family does not include any organization or institutional group. The remainder of Section 14-35 shall remain unchanged. B. CHAPTER 46 SOLID WASTE Chapter 46, Section 46-2 is of the Cherokee County Code of Ordinances is amended by striking the existing definition of garbage in its entirety and replacing same with a new definition to read as Garbage means any spoiled or discarded animal or vegetative material resulting from the handling, preparation, cooking or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition, including trash to which such material has adhered. Page 3 of 5
Section 46-2 is further amended by striking the existing definition of junk vehicle in its entirety and replacing same with a new definition to read as Junk vehicle means any vehicle which either does not have lawfully affixed on it an unexpired license plate or tax stamp, or which vehicle is wrecked, dismantled, or partially dismantled to the extent it may not be lawfully driven on the public roads. Section 46-2 is further amended by striking the existing definition of rubbish in its entirety and replacing same with a new definition to read as Rubbish means combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches or trunks, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust or other similar materials. Chapter 46 shall be further amended by striking Section 46-31(d) in its entirety. Chapter 46 shall be further amended by striking Article III in its entirety. Chapter 46 shall be further amended by renumbering Article IV Solid Waste Management as Article III. Chapter 46 shall be further amended by striking Article V in its entirety. Chapter 46 shall be further amended by renumbering Article VI On-Site Sewage Management Systems as Article V. III. MISCELLANEOUS PROVISIONS A. FORCE AND EFFECT All remaining portions of the Cherokee County Zoning Ordinances and the Cherokee County Code of Ordinances shall continue in full force and effect, and shall remain unaffected by this Ordinance. B. SEVERABILITY It is the express intent of the Cherokee County Board of Commissioners that this Ordinance be consistent with both federal and state law. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. C. CONFLICTING ORDINANCES REPEALED Except as otherwise provided herein, any and all Ordinances or parts of Ordinances in conflict herewith shall be, and the same are, hereby repealed. It is intended that this Ordinance shall ensure consistency among the Code of Ordinances, the Zoning Ordinance, and the Property Maintenance Ordinance. Page 4 of 5
EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED this 20th day of October, 2009, the public health, safety, and welfare demanding it. Page 5 of 5