Home-based businesses make up two-thirds of the businesses in York County, and the Board of Supervisors is wrestling with how to regulate them in the 21st century.
The balance is finding a way to allow flexibility in allowing businesses to start at home while not affecting neighbors, county leaders said. Proposed zoning changes would allow home-based businesses by right, or without having to go through the special use permit process, within certain conditions that limit the number of people on-site and require businesses to use their own property for parking.
At a recent Board of Supervisors meeting, citizens expressed concerns with proposed changes that have been in the works since 2019, when a committee of citizens, home-based business owners, homeowners’ associations, chamber of commerce members and county staff formed to study the issue. The proposed ordinance was unanimously approved by the Planning Commission and then was suddenly tabled, said Chris Davidson, a home-based business owner. The pandemic played a role in the delay.
The more than 2,000 home-based businesses in the county break down to 17% being personal services, 18% merchants and 64% maintaining an office in the home, said Earl Anderson, the county’s chief of development services. He said most merchants do not sell out of their homes, but do so online and at area festivals and locally owned retail stores. Most with an office do not have clients visiting them.
Citizens who spoke were equally divided. Three former York County Chamber of Commerce presidents, Davidson, Toni Chavis and Tim Meyer, requested the board approve the proposed ordinance. Davidson said the county needs to adopt it to adapt to the nature of business using a laptop, cell phone and the internet. He said other rules, like for signs and noise, also exist.
“Don’t let what I call the boogey man guide the conversation,” Davidson said.
York County had earned national awards for its support of home-based businesses by providing lunch-and-learn programs and an annual daylong convention while Davidson’s wife, Melissa Davidson, was assistant director for York County Economic Development. The county was nationally recognized for its efforts, he added.
Meyer said many home-based businesses outgrow their homes and move to commercial properties. He said there are many empty commercial buildings along the U.S. 17 business corridor that could eventually be filled by businesses growing from homes.
Chavis, owner of Opulent Designs, was a committee member. She’s run her home improvement business from her house for 23 years “and no one in my neighborhood knows it.” She said she visits her clients and no clients ever come to her home.
A big concern of some residents is cars from either the business’s employees or customers. Including the resident owner, the proposed ordinance limits the number of people to four, whether they are employees or clients. The property must offer enough parking for them and the residents on paved or gravel spots.
It also limits how much of the home can be dedicated to the business to 25% or 400 square feet, Anderson said. Home businesses needing more than four parking spaces or needing conditions beyond what is allowed would be required to get a special use permit.
Citizens who requested more regulation include Melanie Soble, who complained about the home day care that moved next door about one year ago. She said there are 36 car trips daily and parking is an issue, especially when the driveway is used for other purposes and cars park in the cul-de-sac. She said neighbors’ driveways have been blocked, the garbage truck cannot enter the cul-de-sac and the mail carrier must park his truck and walk to deliver mail.
Another issue for Soble is the children playing outside “using outside voices.” She said the day care does not have typical play structures.
“It’s possible I will spend the rest of my life listening to screaming children — or worse, crying children — who get hurt during this risky play,” she said.
John Farley said a neighborhood is where people live and not a place where people come to work.
For Richard Howell, the lack of enforcement on parking is an issue. He said the sheriff, who was a committee member, indicated that unless there are no parking signs, cars cannot be ticketed or towed. He said he does not have a problem with home-based businesses.
County Supervisor Thomas G. Shepperd Jr. pointed out that most home-based businesses, particularly self-employed professionals like lawyers, do not have impacts like traffic, operate invisibly and should not be have to go through a burdensome regulatory process. Multiple supervisors acknowledged that the public gets a voice through the special use permit process.
The changes would not override homeowner association requirements, according to a June 4 presentation to the county. Certain uses would not be considered home occupations, including tattoo parlors, gaming establishments, small engine and equipment repair, convenience stores and transport of hazardous materials.
The county is holding another public hearing on the proposed changes on Sept. 17.
