Sec. 26-123. - Mobile services.

(a)

The purpose for this section is to serve the need of the public for convenient and economical services to residents and business while guaranteeing the adequacy of the site for the use and the protection of surrounding properties.

(b)

Mobile services permitted.

(1)

For the purposes of this division, mobile services shall include specified commercial services that are rendered at residences or places of business, provided only in response to direct requests for such services. Mobile services shall be limited to those typically and customarily provided by stationary service businesses permitted in the commercial zones (not including the M-1 zone) of the City.

(2)

Mobile services shall not include services that create a nuisance to adjacent properties, such as but not limited to vibration, sound, electro-mechanical disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter, or violates the provisions of chapter 15 of this Code.

(3)

Mobile services involving the maintenance of stationary property fixtures shall be exempt from the provisions of this division, notwithstanding that such services must comply with the provisions of chapter 14 of this Code (licenses and business regulations). These services shall include, but are not limited to, gardeners, pool maintenance, and building contractors.

(4)

Mobile food vendors requiring a business license permit, as stated in section 14-161, shall be allowed only in commercial and manufacturing zones. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of two thousand five hundred (2,500) square feet or greater in area. Such operation shall comply with the provisions of chapter 14 of this Code (licenses and business regulations).

(5)

The Community Development Director shall be authorized to make determinations regarding the conformance of proposed mobile services with these stated criteria, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.

(c)

Standards for mobile services operation.

(1)

Mobile services provided at residences may be rendered only to the residents of the subject property. Mobile services provided at places of business may be rendered only to the owner or proprietor of the subject business, or to employees of the subject business with the consent of the owner or proprietor.

(2)

Mobile services may be provided only in response to direct request for such services, and may not be provided through "door-to-door" solicitation.

(3)

The total number of days that a service may be provided at a particular residence or place of business by a given mobile service operator shall be limited to a maximum of five (5) during any given 30-day period.

(4)

Mobile services may be rendered only between the hours of 8:00 a.m. and 9:00 p.m., except as prohibited by noise regulations contained in chapter 15 of this Code.

(5)

Mobile services shall be provided entirely within enclosed buildings, with the exceptions of the following services:

a.

Auto repair and services provided at single-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

b.

Auto repair and services provided at multiple-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

c.

Services provided at residential properties, provided it occurs within a commercial service vehicle designed for the particular service provided.

(6)

Licenses and permits as required in chapter 14 of this Code (licenses and business regulations) must be obtained by operators of mobile services.

(7)

The Community Development Director shall be authorized to make exceptions to these standards, based on extraordinary circumstances, provided that negative impacts are not created, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)