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Aug 22, 2023

Storing large commercial vehicles in residential areas seen as ‘detrimental’

Outside parking of large commercial vehicles or equipment in residential areas

Outside parking of large commercial vehicles or equipment in residential areas "has detrimental and blighting impacts" upon the quality and character of Newton's neighborhoods, the city says, and it is recommended by staff and the city attorney to make revisions to public nuisance code.

The Newton City Council on March 1 passed the first consideration of the proposed ordinance changes, which would prohibit dump trucks, construction equipment, semi-trailers, semi-tractors, unlicensed commercial vehicles and other similar vehicles from being parked or stored in residential areas.

Also prohibited from parking in neighborhoods are trailers used for over-the-road hauling of liquids, gasses, livestock, fuel, refrigerated foods, materials, vehicles, construction equipment or other products or materials. Trailers used primarily for storage would be affected as well by the ordinance changes.

Other revisions include eliminating the definition of a fifth-wheel trailer, refining the definition of a trailer and better explaining the purpose of the code section as to regulate outdoor parking and/or storage within the city.

Staff recognizes property owners may own or store personal vehicles, recreational vehicles and certain trailers for their personal use, city documents say. The City of Newton also recognizes property owners may own a business or work for a business that allows them to bring that vehicle home.

However, the city argues these large commercial vehicles or equipment can:

• obstruct views on streets and private property;

• create cluttered and otherwise unsightly areas;

• prevent full use of residential streets for residential parking;

• impair the free flow of traffic on residential streets;

• decrease adjoining landowners and occupants enjoyment of their property and neighborhood; and/or

• otherwise adversely affects property values and neighborhood patterns.

Councilperson Mark Hallam opposes the ordinance and suggested the city may be going "a little bit too far" in restricting the use of private property, but he did not have proposal or amendment to counter the staff's recommendation. Rather, he wanted to entertain and gauge other council members’ feedback.

Hallam said if storage trailers are not visible from the street and are properly painted and maintained, he does not understand how it would affect street appeal or the value of a neighborhood. Two individuals that reached out to Hallam expressed concerns about parking their semi-tractors on their property.

"I believe (they) are truly burdened by some of our limitations on parking their rigs outside their homes — in their own driveway or on their own private property —overnight or for short periods of time during the day," Hallam said. "Again, I’m not going to make a motion, I just would like to have your feedback."

Hallam even expressed the city's request could be sent back to staff for further modifications. Some elements of the ordinance, he argued, constitute a financial and personal burden on working class and middle class residents (who work as truckers) and their families.

"For example: Where's the harm of a semi-tractor being parked on private property between 10 p.m. and 7 a.m.? As long as it's not running, of course. It's neither seen nor heard," Hallam said. "I’m just curious if anyone can identify where I’m coming from on this."

Other citizens raised similar concerns to councilperson Randy Ervin, agreeing with Hallam that maybe the city is getting ahead of itself. One citizen told him her son drives a semi-tractor and parks the vehicle beside her house. It is visible from the street and as far as she knows there have been no complaints.

"Her concern is if we start policing this on private properties then it's going to go back to her and she will no longer have him visit in his tractor," Ervin said. "He drives long distance, so he doesn't have another car (and) he doesn't have another way to go visit her."

Councilperson Evelyn George heard from a citizen concerned about the noise of these large commercial vehicles, particularly those that have to be kept running overnight. Oftentimes truckers will keep their vehicles running when extreme temperatures could pose engine problems.

Councilperson Dean Stonner said citizens he has heard from have issues with poorly maintained trailers on private properties; specifically, the trailers were not viewable from the front, but they were considered a "terrible eyesore" by neighbors. The council has every right to act in that circumstance, Stonner said.

Hallam entertained the idea that trailers be properly painted or maintained. Stonner countered that is covered in just general state of repair for private properties. Hallam admitted that was a good point.

Newton City Administrator Matt Muckler reached out to the city attorney about this issue. The attorney's feedback is not what was proposed to council members. The city's executive team "pulled some things out" that were considered too restrictive, attempting to find something to fit the community.

Brian Laube, director of community services for City of Newton, said the code initially proposed vehicles that require a commercial driver's license would be prohibited from parking in a residential area. Based on staff discussions, that was eventually removed.

Rob Burdess, chief of Newton Police Department, said the proposed amended ordinance clarifies what city has been enforcing for many years.

The language of the previous ordinance was very ambiguous, he added, and there was no clarity from residents’ standpoint and sometimes city staff's standpoint on what could or could not be parked in residential areas.

"As a city we’ve been enforcing or at least trying to keep the semis and the trailers out of the residential areas for some time now," Burdess said.

The enforcement of the ordinance — if it passes its third reading and is adopted in April — will be carried out by the police department.

Erin Chambers, director of community development for City of Newton, does not want people to misconstrue the city code and believe dump trucks are allowed to be parked on private properties: they "absolutely are not," but not as part of the parking code.

"That is a zoning code matter under our ‘home business’ rules," Chambers said. "And home business rules allow for you to have a home business — you can have a home construction business — but all equipment related to that business must be parked in a building."

So a dump truck can be brought home, but it needs to be in a building on a person's property.

Newton Mayor Mike Hansen appreciated hearing the concerns from residents and those who make their living driving a semi-tractor, but he also understands the need for folks in the residential neighborhoods to expect "a certain view" or "a certain curb appeal."

George recalled similar discussions occurred in the past about campers and recreational vehicles. Ultimately, Hallam conceded he lost the battle on the trailer issue but still fails to see the harm in allowing tractor rigs parked overnight on private property off the street and without the engine running. Ervin agreed.

The Newton City Council voted 4-2 for the first consideration to amend the ordinance for public nuisances related to outside parking and storage of vehicles and trailers on residential property. Hallam and Ervin both voted "no."

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or [email protected]