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 Cherokee County
 Zoning
 Article 8. TRADITIONAL NEIGHBORHOOD DEVELOPMENT ORDINANCE

  § 8.17. Control of the development plan after completion.  

Latest version.

  • 8.17.1

    The final neighborhood plan shall continue to control the traditional neighborhood development project after construction is complete, and the following shall apply:

    A)

    After the approval of the final neighborhood plan, the use of the land and the construction, modifications or alterations of a building or structure within the traditional neighborhood development project shall be governed by the approved final neighborhood plan.

    B)

    After the final neighborhood plan has been approved, no change shall be made in the development contrary to the approved plan without approval of an amendment to the plan except as follows:

    i)

    Minor modifications of existing buildings or structures may be authorized by the community development director, if they are consistent with the purposes and intent of the final development plan and do not increase the size of a building or structure.

    ii)

    A building or structure that is totally or substantially destroyed may be reconstructed without the need to amend the traditional neighborhood development project, if the building is in compliance with the purpose and intent of the final neighborhood plan.

    C)

    An amendment to a completed traditional neighborhood development project may be approved if it is required for the continued success of the development, and if it is deemed appropriate, because of changes in conditions that have occurred since the final neighborhood plan was approved or because there have been changes in the development policy of the county, as reflected by the county's comprehensive plan or related land use regulations.

    D)

    No modification or amendment to a completed traditional neighborhood development project is to be considered as a waiver of covenants or conditional use permit limiting the use of land, buildings, structures and improvements within the area of the traditional neighborhood development; and all rights to enforce these covenants against any change permitted by this ordinance should be expressly reserved.

(Ord. No. 2006-Z-004, 5-2-2006)