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Neighbor lodges complaint over noise, outdoor storage at 131 Orchard; council to send notice and review noise rules
Summary
A resident filed a formal complaint alleging ongoing outdoor business activity, loud metal‑cutting and rotating trailers at 131 Orchard Street. The council voted to send a letter to the property owner and agreed to review local noise and home-occupation rules.
A Swisher resident who identified herself at the meeting as Kathy Deran delivered a formal complaint alleging sustained commercial activity at 131 Orchard Street, saying the disturbance has continued “since November of 2019.” She told the council she hears “the rockus noise and the drills, the saws, the jackhammers, the skid loaders” and described a steady rotation of trailers and metal parts being brought to and from the driveway.
The property owner, identified in council discussion as Bob, disputed the claim that he is operating a business from the property. “Everything that is in my possession at my property is personal use,” he said, adding that he was working on a personal pickup and that materials come and go. He also said some photos presented by the complainant were older and not current.
City staff explained Swisher’s home-occupation rules allow indoor activities confined to a building and said outdoor work that appears to constitute a business would be a zoning violation. Staff recommended sending a letter to the property owner informing him of the ordinance and giving him a timeline to address the issues. Council members agreed that the code lacks specific noise-hours language and that the ordinance is currently subjective on noise standards.
Council discussed options including issuing a letter and reviewing what other nearby communities use for noise-hour standards. One council member said, “I would say we table it and have a discussion on this thing a little bit more to see if we want to change our ordinance or add to it,” and members agreed to research code language from comparable cities before taking further enforcement action.
The council moved to send the letter to the property owner and the motion carried. Council also directed staff to review noise and nuisance ordinance language and return with proposed changes or comparisons to other municipalities.
Next steps: staff will send the ordinance notice to the owner of 131 Orchard Street and prepare information for council on possible noise-hour language and enforcement options for a future meeting.
