Doing battle with small town zoning over "commercial vehicle parking"

[viper6383]

Kansas

I am about to have to deal with court proceedings over parking of 2 smaller semi trailers in a residential area. I am NOT in a "we care" neighborhood and have told the city this is a temporary situation until I get gone...

The city indicates I am in violation of my zoning regs because they do not allow parking of commercial vehicles. By their own definition, it indicates a commercial vehicle as one that is designed AND used for profit, in which I am not...

I have also indicated this is rather discriminatory because there is a TON of other vehicles around the area that have clear stickers on them that they are commercial, yet no one cares. There is also a bunch of very large enclosed trailers on properties but since they are bumper pull, they do not care.

I have voiced that USDOT regs are on my side and the city's are not specific enough to consider my trailers commercial any longer.

My intent is to tie this up in court, request for continuances, appeal to the district court, etc.

Questions are, how do you actually fight the city and what angles might be taken in this matter? I am convinced our city judge will be biased due to his paycheck. I think I make a rather good argument but I hear the city always wins in stuff like this....

 

[xylene]

Questions are, how do you actually fight the city and what angles might be taken in this matter?

Get a lawyer and do the things you suggested.

 

[HomeGuru]

Kansas

I am about to have to deal with court proceedings over parking of 2 smaller semi trailers in a residential area. I am NOT in a "we care" neighborhood and have told the city this is a temporary situation until I get gone...

The city indicates I am in violation of my zoning regs because they do not allow parking of commercial vehicles. By their own definition, it indicates a commercial vehicle as one that is designed AND used for profit, in which I am not...

I have also indicated this is rather discriminatory because there is a TON of other vehicles around the area that have clear stickers on them that they are commercial, yet no one cares. There is also a bunch of very large enclosed trailers on properties but since they are bumper pull, they do not care.

I have voiced that USDOT regs are on my side and the city's are not specific enough to consider my trailers commercial any longer.

My intent is to tie this up in court, request for continuances, appeal to the district court, etc.

Questions are, how do you actually fight the city and what angles might be taken in this matter? I am convinced our city judge will be biased due to his paycheck. I think I make a rather good argument but I hear the city always wins in stuff like this....

**A: there is a lot more to this story.

 

[Zigner]

Yeah, he's had a lengthy thread on this very subject in the past...

 

[HomeGuru]

you remember that one?

 

[Zigner]

you remember that one?

Yep...scary

 

[HomeGuru]

Yep...scary

**A: well, it's come back to haunt you.

 

[viper6383]

**A: there is a lot more to this story.

For the purpose of this discussion, it really should not matter. I studied the code book to a T before proceeding. I simply feel the ordinances they are leaning on do not have enough weight and they are expecting me to simply buckle and give in. I H A V E tried to work with these people and offered a ton of options including complete concealment and indicating these are only temporary.

I do not intend to get an atty because I do not think it will make any difference in the end. The law is the law and that is how it should work anyway.

 

[Zigner]

For the purpose of this discussion, it really should not matter. I studied the code book to a T before proceeding.

Good luck .

 

[HomeGuru]

For the purpose of this discussion, it really should not matter. I studied the code book to a T before proceeding. I simply feel the ordinances they are leaning on do not have enough weight and they are expecting me to simply buckle and give in. I H A V E tried to work with these people and offered a ton of options including complete concealment and indicating these are only temporary.

I do not intend to get an atty because I do not think it will make any difference in the end. The law is the law and that is how it should work anyway.

**A: why not just move the trailers to another location. Maybe even pay for the parking. You just want free parking.

 

[viper6383]

Thanks, take care

 

[HomeGuru]

Thanks, take care

**A: finally got to the bottom of things.

 

[viper6383]

I never could figure out forums like this where every question is met with a conceded statement, ultimately driving people away like my self, that will never return.

We operate several forums and we ban people like that who ultimately give the forum a bad review. Maybe there needs to be another forum...

 

[HomeGuru]

I never could figure out forums like this where every question is met with a conceded statement, ultimately driving people away like my self, that will never return.

We operate several forums and we ban people like that who ultimately give the forum a bad review. Maybe there needs to be another forum...

**A: thank you

 

[Zigner]

I never could figure out forums like this where every question is met with a conceded statement...

In your threads, I have conceded nothing.