OK, need some help on this one. There is this lady (we'll call her Helga) that complains CONSTANTLY about her neighbor (we'll call her Bertha). Apparently, Bertha is allowing her son to store his lawn mower, weed wacker, rake, etc. at her house. He will come get it a couple times a week to mow other peoples lawns (technically a lawn service).
Under our ordinance, a home occupation is defined as anything that is conducted entirely upon ones property. I don't consider this a home occupation - it is not conducted on the property at all. I would consider a nail salon, hair salon, piano teacher, things of that nature to fall under the home occupation definition. They actually perform a service, or offer goods at their homes, in which the public comes to for those goods or services.
OK, so in the case of Helga vs. Bertha. I asked a fellow planner, and she said in her opinion, if someone uses their property make money it should be considered a business. If the property is residential, then the business is illegal.
Here is where I have a problem with that. What about the Avon or MaryKay lady? What about some old guy that makes wood crafts to sell only at craft shows. What about someone that mows his neighbors lawn for some cash. In these instances, the people are not performing a service or offering goods ON their property, they are not attracting customers to their home and increasing traffic, and they are is not any signage, and any advertising would only contain a phone number, and not an address.
In my opinion, Helga vs. Bertha is a similar situation, and therefore not an illegal business. What do you guys think - am I half baked on this? Missing something? Help me out...how do you deal with this type of issue.
Another question while I'm at it. **IF** it is illegal, how the hell do you stop it. There have been no other neighbors complaining about this at all, and I have never witnessed him loading and unloading his equipment. Short of staking him out, I doubt I will. I have no proof of him even doing this.