Town Attorney Tom Hale advised the Board of Mayor and Aldermen on Dec. 11 that a proposed amendment to the town's home-occupation ordinance requires further revision because it may raise equal-protection concerns under recent Tennessee Court of Appeals guidance.

Hale said the planning commission and an ad hoc citizen committee produced a draft that would create different categories of home-based businesses, some requiring permits and others not. He warned that "I think it could violate the equal protection" clause if similarly situated businesses are treated differently without a strong justification, and recommended the draft be tightened and returned to staff and the planning commission for further work.

Board members discussed process and participation. Several members asked that the committee that drafted the amendment be invited back and suggested workshops with staff, the planning commission and committee members. Alderman McCrory and others stressed the ordinance should protect residents from nuisances while avoiding overburdensome regulation for small home-based businesses.

Hale emphasized he was not saying the existing ordinance is defective but that the newly proposed multi-tier approach could create enforceability and constitutional issues. He recommended staff and counsel work together to refine the draft, consult affected stakeholders (including local businesses), and return a revised proposal to the planning commission for a formal recommendation before the board considers adoption.

Next steps: staff will sit down with the town attorney to address the legal concerns, hold additional discussions with the ad hoc committee and planning commission, and report back to the board with a revised draft and recommendation.