Introduction to the World of Zoning Enforcement

By Peter Piccardo, C.C.E.O.

Code Enforcement Supervisor, City of Folsom

916-355-7316 September 8, 2010

Explain the purpose of the Zoning Regulations and Planning/Zoning laws. (OPR Guidelines)

Charter vs. General Law Cities

Government Code Section 65850-65863.13 authority

Police power, Zoning defined, General Plan

Variances, use permits, non-conforming uses

Types of zoning violations

Slide show (pictures and music)

Enforcement tools, process and types of remedies

Field questions

Case Scenarios

They provide for the adoption and administration of zoning laws and ordinances for cities and counties.

Implements a general plan in effect for cities and counties

Allows for cities and counties to

have control over local zoning

matters

A local zoning ordinance should

be consistent with the adopted general plan

The primary purpose of zoning is to segregate uses that are thought to be incompatible.

Also used as a permitting system to prevent new development from harming existing residents or businesses.

Land under control of the Federal government is not subject to state planning control.

OPR guidelines (Office of Planning and Research) are

a set of laws and policies provided by the Governors

office as a convenient resource to municipalities

Develops state land use policies

Assists city and county planning depts.

Carries out statewide land use planning function

Charter cities have supreme authority over ―municipal

affairs‖.

Zoning ordinances are not required to be consistent to

their general plan.

May enact ordinances providing for various penalties.

General Law Cities are bound by State law regardless of

the municipal affair.

May impose penalties not exceeding $1,000.

States that a County or City may adopt ordinances that regulate the following:

The use of buildings and structures

The location, height and size of buildings and structures

Signs and billboards

The size and use of lots, yards, and open spaces

The % of lot which may be occupied by a building

The intensity of land use

Establish requirements for off street parking

Establish and maintain building setback lines

Sections 65850-65863.13 allows for municipalities to create those bodies of law that we regularly refer to as ―Zoning Ordinances.‖

The ―constitutional authority‖ given to

municipalities to adopt, implement, and ―enforce

laws and ordinances‖ designed to protect the

public’s health, safety and welfare of residents.

Gives us the ability to regulate the actions of

people.

The legal basis for all land use regulation.

The village had zoned an ―area of land‖ held by Ambler realty as a residential neighborhood.

Ambler argued that it would lose money because if the land could be leased to industrial users financially it made more sense rather than a residential use.

Euclid won—and a precedent was set favorable to local enforcement of zoning laws.

(2 arguments were proven)

Certain types of uses were incompatible with

other uses in a particular district and that

Zoning was a necessary municipal-planning

instrument.

Zoning is a vital part of a jurisdictions police power and is a tool in accomplishing our community goals.

The division of a city into districts and the application of regulations in each district.

Regulates the use of property to be compatible with other areas or zones.

Assists in maintaining residential character and minimizes neighborhood impacts.

Set of regulations that prescribes or restricts what a property owners can do with there land.

A zoning ordinance is designed to translate a ―general plan's‖ broad policy statements into specific requirements on individual landowners.

State law requires that each city or county adopt a General Plan document.

Acts as the blueprint for development throughout the municipality.

Is a long range document (10-20 yrs).

City’s zoning and subdivision approvals should be consistent with an adopted general plan.

The plan must consist of 7 elements

Circulation

Conservation

Housing

Land use

Noise

Open space

Safety

Variances and conditional use permits are

methods by which a property owner may seek

relief from a zoning ordinance.

I.e.-allowing a fence to be higher than

the allowable height.

I.e.-allowing for a non-conforming sign.

Variances and use permits run with the land.

A variance is a permit issued to a landowner to build a structure not allowed under current zoning.

The landowner must be able to justify a unique hardship under the zoning regulations.

Variances may not be granted to authorize a use that is not otherwise authorized by the zoning regulations.

Conditional use permit-allows a city or county to consider special uses essential or desirable to a community.

Criteria to evaluate whether a CUP should be issued is a discretionary act.

I.e.-churches, schools, utility structures, trailer parks, sales trailers.

Temporary use permit– issued for a specific period of time and are of a temporary nature.

I.e.-carnivals, circuses, Christmas tree lots, pumpkin patches, seasonal items

Is a legal violation of the current zoning ordinance

because the ―use of the land‖ existed prior to the

adoption of the ordinance.

Often referred to as ―grandfathered‖.

Items grandfathered in are typically an existing

non conforming use.

I.e.-parking requirements, signs.

To remove blight and improve the appearance of your community.

To maintain your city as a place to live, work, and visit.

To promote commerce.

Bottom line – ―To preserve and enhance the quality of life in the community‖.

Parking of vehicles, including boats and trailers.

Parking of oversized commercial vehicles.

Storage of junk, debris, auto parts.

Auto repair.

Home Occupation licenses.

Fence height, setback requirements.

Conditional uses.

Various sign types.

Accessory buildings .

Keeping of animals.

Local zoning ordinance.

California Building Code (CBC 2007).

Building permit process.

California Vehicle Code (CVC 2010).

Uniform sign program.

Aerial photo’s and case documentation.

Zoning map and planning staff.

Police, Fire, Animal Control, HOA.

CORRECTED

BONAFIDE COMPLAINT

RECEIVED CODE ENFORCEMENT

PROGRAM

ANONYMOUS

CITY OFFICIAL OR

EMPLOYEE

OPEN NEW CASE

SCHEDULE INITIAL

INSPECTION NO

VIOLATION

VIOLATION

CLOSE CASE VIOLATION

CONFIRMED

VIOLATION

CORRECTED

VIOLATION

VEHICLE TAG – PARKING CITE

RED TAG

NOTICE TO CORRECT

ACTION:

VIOLATION NOT

CORRECTED

FOLLOW-UP

INSPECTION

NOTICE OF

ADMINISTRATIVE

VIOLATION

APPEAL PROCESS:

CODE ENF. MEETING

MEDIATION

HEARING

SANCTION PAID

IF ASSESSED

LEIN

CITY ABATEMENT

SPECIAL ASSESSMENT

CIVIL ACTION

CRIMINAL ACTION

STIPULATE JUDGEMENT

Why are you tagging my car, it’s been parked in

my driveway for 3 months?

Have you seen the other houses/vehicles in

violation on my street?

Why are you calling this junk and debris, these are

my antiques. I'm a collector?

Others??

What is Zoning?

Name the elements of a general plan?

Describe a type of zoning violation?

How would you proceed w/ enforcement?

Give an example of Zoning relief?

Name a zoning enforcement tool?

Others?

A resident calls regarding an 8’ tall fence that has just been built next door. The fence encroaches 2’ into the PROW. Also, the property owner has 4 inoperative and dismantled vehicles stored in the rear yard.

What’s the violation?

What’s the first course of action?

Are there options for the property owner?

A resident calls and complains that his neighbor has several cars and repairs them all the time. 2 vehicles are large commercial trucks with ABC plumbing on the side.

What is your first course of action?

Is this a zoning violation?

How do you proceed with enforcement?

What type of zoning tools would be helpful?