Fact Finders: The home-based business next door nightmare

SPRINGFIELD, Mo. (KY3) – Picture a home business. You probably see a woman on a laptop or a guy on the phone. But that’s not always the case. And it’s certainly not the case for one of our viewers.

She writes, “I think my neighbor is running a business out of his home. There’s a lot of noise, a bunch of trash, and loud machinery. It doesn’t stop at night. It’s becoming a nightmare. Is it legal to do this stuff in a residential neighborhood?”

We expect a certain predictable amount of noise coming from inside our homes. A washing machine can be pretty loud when it hits the spin cycle. But, when it’s coming from outside your American dream, it can feel like things are spinning out of control.

It may not be noise, but cars stacked up on the street from a home-based business. Or, cars coming and going at all hours.

But Missouri’s lawmakers made it more challenging for cities and counties to regulate home-based businesses in 2022.

“They can’t restrict certain named businesses,” explained Deputy Director of Legal Services of Southern Missouri Amanda Pearl. “They can’t say no medical businesses at home. They are no longer allowed to say that there’s a certain type of business you can’t have at your home.”

“I think it’s bad public policy because it basically gives people the right to do things in residential neighborhoods that their neighbors thought was prohibited,” says “Craig Hosmer of Springfield City Council. “And that’s not really the way you want people to be able to peacefully enjoy their lives in their residential neighborhoods, and that’s the reason we have zoning laws.”

One suburban city official in the St. Louis area is even more blunt. He recently spoke to our sister station there.

“You could have an outdoor naked massage parlor under this legislation,” says the Crestwood Planning and Zoning Commission chair, Robert Sweeney.

Cities and counties can still regulate health and safety. For example, they can determine whether a fire code has been violated or whether the trash is creating a health issue.

So.., what can you do? In Springfield, you can always contact Building Development Services or your city councilperson. In the county, contact your commissioner.

Springfield city spokesperson Cora Scott told us, “Home-based businesses are allowed in the city of Springfield but regulated by both a city ordinance and a state statute. State law has changed recently to make it more flexible for home-based businesses. In short, the law distinguishes between impact-based and non-impact-based home businesses. The city can cite an owner for violation of narrowly tailored local regulations to protect public health and safety, including regulations related to fire and building codes, health and sanitation, or traffic control, solid or hazardous waste, pollution, and noise control.

Depending on the specifics of this case, it is possible that it is an impact-based business and that we are able to take action. Neighbors should contact the City’s Citizen Resource Center at 417-864-1010 or City@springfieldmo.gov to file complaints or request we look into further or call 9-1-1 if an immediate response is needed.

“I think sometimes letting them know that there’s a problem does two things,” explained Hosmer. “It causes them to go ahead and look at enforcement. But it also suggests to them that maybe the state law needs to be changed.”

We asked for the viewer’s specific location of the problem neighbor. But she did not provide those details.

So, in her case, it’s tough to answer this question. In general, it’s harder for cities and counties to regulate home-based businesses in Missouri. If there’s noise after a reasonable hour, excessive traffic, or trash, call your city or county for help.

We understand that many of you want a clear yes or no answer at the end of these segments, but this issue must be evaluated on a case-by-case basis.

If you have a question for fact finders, email us at factfinders@ky3.com.

To report a correction or typo, please email digitalnews@ky3.com

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