3-2 Vote leaves Home Occupation Ordinance unchanged

The Stephens County Board of Commissioners was divided, during its regular schedule meeting this week.

Commissioner Stanley London requested the board discuss amending the Land Use Regulation Ordinance to remove a paragraph from section 1411 Home Occupations in a Residential District.

Paragraph II of the ordinance reads, “only residents of the dwelling and one (1) person not related by blood or marriage to the resident may be engaged in the home occupation.”

According to London, local government should not be involved in who a home-based business hires.

“I just don’t understand how a local government could determine who a small business could employ, that was my thing about it,” London said. “It’s just then number two that I’m suggesting we remove, where a person with a nonconforming use status is basically grandfathered in an area, can only have one employee that isn’t a blood relative, you know that’s not the local government’s business in my opinion.”

However, other members of the board felt differently. Chairman Michelle Ivester said she preferred to leave the paragraph, and continue to grant variances on a case-by-case basis.

Commissioner Debbie Whitlock asked London for an example of a home-based business that would benefit from the board lifting this regulation.

London gave the example of a cabinet maker, who periodically, is hired for large jobs that require additional employees for a short amount of time.

While Whitlock considered London’s request, she noted some members of the audience who were shaking their heads, prompting her to ask for their input.

“I see people out there nodding their heads,” Whitlock said, “this isn’t my show; but, I want to know what you’re shaking your head about, I want to hear what you have to say.”

Stephens County resident and Stephens County Board of Commissioners Post 4 candidate Bryan Dooley came before the board and asked what county’s ordinance the commissioners used to make this clause.

“Being it as some people are here was on that board, on that committee that the one that did the zoning and all that kind of stuff, was this adopted from another community or was this specifically put into the ordinances?” Dooley asked.

“We looked at Franklin County’s [ordinances] but we made it our own,” Ivester said.

“No, that’s not what I’m asking,” Dooley said.

“We looked at many, we looked at Madison County, Franklin County, Banks County, we looked at several,” Ivester said.

“The question is, the clause that Stanley’s talking about was it adopted with the ordinances you looked at or was it specifically put in there by somebody?” Dooley asked.

The board was unable to answer Dooley’s question to his satisfaction.

Vice Chair Dean Scarborough made a motion to deny the request to delete the paragraph, Ivester seconded the motion.

Commissioner Dennis Bell voted in favor of Scarborough’s motion; whereas, London and Whitlock voted against the motion.