Zoning/Land Use Violations Curtilage Definition The area usually - - PowerPoint PPT Presentation

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

• f the Fourth Amendment to the Constitution, which prohibits

unreasonable SEARCHES and SEIZURES of a person and of his/her home

• r 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
• Junk Vehicles
• Yard Sales
• Recreational Camping
• Home Business

Regulations

• Signs
• Residential Fencing
• Animals
• Setback Area
• Accessory Structures &

Uses

Parking in Front Yard SMC 17c.230

• Parking in the front yard
• utside of the driveway

is prohibited.

Yard Sales SMC10.45.030

• Citizens are allowed to

have two yard sales per year lasting a maximum

• f three days per sale.
• Anything more

constitutes a business and is illegal.

Living in camper/RV/trailer or other vehicle

SMC17C.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 SMC17c.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:

• Barber or beautician
• Dressmaking
• Professional consulting
• Custom floristry
• Photography
• Repair of watches and small

appliances

Examples of activities which are not home

• ccupations are:
• Automotive repair
• Contractor’s storage area, including

equipment and business vehicles stored

• n-site
• Adult home or group home
• Tea room or reception spaces for rent
• Bed and breakfast or hostel
• Woodworking and cabinetry
• Yard Sales or garage sales

Signs SMC17C.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 SMC17c.110.230

• The negative effects of fencing can

include the creation of street walls that inhibit police and community surveillance, decrease the sense of community, hinder emergency access and the safe movement of pedestrians and vehicles, and create an unattractive appearance. Regulations:

• Front yard fence height: 3.5 ft.
• Side & Rear Yard: Max.6 ft.
• Clear view triangle: 3 ft.

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

residential area

No.

Examples: Residential Fencing Violation

• No. Meets 6 ft max
• Yes. Too Tall

Example: Animal Violation

Yes. Yes.

Questions?