A second take on an ordinance regulating home-based businesses in Lewes could be back up for a vote in early March.
The first attempt to pass new rules for home-based businesses passed narrowly in December before City Council voted to rescind it last month. At a recent work session, sharp divisions arose over the measure.
Planning Commission Vice-Chair Kevin Keane presented a tweaked version of the ordinance, which sorts home-based businesses into three tiers based on their projected impact on neighbors. Businesses with no impact would receive a permit automatically. Those with low or high impact would need city staff approval. If a permit is denied by the city, the applicant could appeal to the city council.
That system, and city staff’s role, was a significant sticking point for Council member Joe Elder, who says it allows staff too much discretion.
“Equal protection, due process, you're throwing out an opportunity for people to challenge the people that are making these decisions," he said. "So you don't want your ordinance to be discretionary in nature.”
Keane counters that staff making decisions like that is perfectly normal.
“We have city employees who make these kinds of decisions all the time based on planning codes, whatever it may be, and they say, ‘okay, you're here and you're here and you're here,’” he noted.
He also contends that the requirements for each tier are clearly spelled out.
“There's no personal opinion based here, if that's the way we want to use 'discretion.'" Keane said. "It's simply a listing of what the characteristics of the business are.”
Elder, Keane, and Councilman Tim Ritzert will work together over the next month or so to produce a compromise proposal by early March.
