Agenda - Planning Commission - 02/02/2017

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Enforcing the Zoning Code By Linda S. Pieczynski If zoning violations seldom occur in a local jurisdiction, staff may struggle to determine when and how to take action. Consider these scenarios. An owner of a single-family home with a large yard begins renting parking spaces to land- scape companies, and the neighbors com- plain to the city. A rental unit in a strip mall that was supposed to be a church counseling center is being used for worship services at- tracting 200 people on the weekend, causing traffic issues and fire safety concerns. The owner of an office complex allows the storage of fireworks in a unit, disregarding the zoning code and safety of the other tenants. All of these violations need to be ad- dressed by enforcing the zoning code. But what are the best methods to achieve compli- ance? Will gaining compliance be expensive? How long will ittake to reach a resolution? Sometimes the first reaction is to ignore the matter and hope it goes away. However, once a violation is brought to the attention of the zoning administrator, it is seldom a good idea to delay enforcement unless some type of written agreement for compliance is reached. Employees leave their positions, retire, or move away. Memories fade, and records become more difficult to retrieve. It is also difficult to argue in court that enforcement is urgent when there has been a io-year delay before the jurisdiction takes legal action. This article will explore the zoning en- forcement practices and procedures most likely to achieve results in the shortest time possible based on my experience as a munici- pal prosecutor handling these kinds of cases. CONSULTING THE CODE Most zoning violations are straightforward, and a few photographs will convince a judge that the responsible party is in violation. However, there are procedural requirements that can derail a case if they are not followed 0 Illegal outdoor storage often starts small. properly. The first step, whenever there is a possible infraction, is to read the zoning code provisions relevant to the violation as well as any other local ordinance that may be important. For example, if an office building is converted into a day care center, not only will there be a zoning violation but there will probably be violations of the local building and fire codes as well. People who violate the zoning code seldom obtain building permits to do the alterations necessary for unlawful conversions. The zoning code will not only describe the violation itself but wilt set forth require- ments regarding who can enforce the code, what type of notice must be given, and pos- Addressing the Authority to Designate Enforcement Officers This example from Burr Ridge, Illinois, shows how a zoning ordinance can give power to the zoning administrator to appoint enforcement officers: For the purposes of this Ordinance, the Community Development Direc- tor shall be that person or persons designated by the Village Board of Trustees as the head of the Commu- nity `. Development Department. The duties are as follows: 1. Enforcement Powers ....d. Issue violation notices re- quiring compliance and advising suspected violators of their right to appeal; to issue citations for violations of this Ordinance; and to designate enforcement officers with the same authority (§XIII(B)).' ZONINGPRACTICE 1.17 AMERICAN PLANNING ASSOCIATION Ipage 2