Zoning/Land Use Violations
Curtilage • Definition – The area usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life. – The determination of what constitutes curtilage is important for purposes of the Fourth Amendment to the Constitution, which prohibits unreasonable SEARCHES and SEIZURES of a person and of his/her home or property. – Courts have construed the word home to include curtilage so that a person is protected against unlawful searches and seizures of his/her curtilage.
What is a land use violation? • Any use made of a property or structure other than the permitted uses for that zone found in the Spokane Municipal Code Title 17C. • Violations of the City Code are criminal or civil offenses and violators can be prosecuted, issued a citation, or suffer some other penalty.
Typical land use violations • Vehicle Storage • Animals • Junk Vehicles • Setback Area • Yard Sales • Accessory Structures & Uses • Recreational Camping • Home Business Regulations • Signs • Residential Fencing
Parking in Front Yard SMC 17c.230 • Parking in the front yard outside of the driveway is prohibited.
Yard Sales SMC 10.45.030 • Citizens are allowed to have two yard sales per year lasting a maximum of three days per sale. • Anything more constitutes a business and is illegal.
Living in camper/RV/trailer or other vehicle SMC 17 C .319 • A recreational vehicle, tent, hut or other temporary shelter may not be occupied on private property for more than 14 days in a consecutive 12 -month period.
Home Occupations SMC 17c.240 A business of such scale and method of operation as to be incidental and accessory to the residential use of the property. Examples of home occupation: Examples of activities which are not home occupations are: • Barber or beautician • Automotive repair • Dressmaking • Contractor’s storage area, including equipment and business vehicles stored • Professional consulting on-site • Custom floristry • Adult home or group home • Tea room or reception spaces for rent • Photography • Bed and breakfast or hostel • Repair of watches and small • Woodworking and cabinetry appliances • Yard Sales or garage sales
Signs SMC 17 C .240 • The code regulates the size, location and construction of signs. • Typical complaints are about signs placed in the public right of ways, illegal billboards, and too much signage.
Residential Fencing SMC 17c.110.230 Regulations: • The negative effects of fencing can • Front yard fence height: 3.5 ft. include the creation of street walls • Side & Rear Yard: Max. 6 ft. that inhibit police and community surveillance, decrease the sense of • Clear view triangle: 3 ft. community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance.
Animals SMC 17c.310 • Large animals are allowed only in Agricultural zones. • A maximum of total of 4 household pets or other small animals. • Call Spokanimal for any animal welfare issues, barking etc.
Setback Area SMC 17c.110.220 • Development is prohibited on lots that are not of sufficient area, dimension and frontage to meet minimum zoning requirements in the base zone.
Examples: Parking in the Front Yard Violation NO. Curb cut YES.
Example: Junk Vehicles Violation Yes. No.
Example: Yard Sale Violation No. Yes.
Example: Home Business Regulation Violation No. Yes.
Example: Sign Violation Yes. Commercial sign in No. residential area
Examples: Residential Fencing Violation Yes. Too Tall No. Meets 6 ft max
Example: Animal Violation Yes. Yes.
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