The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Friday, September 9, 1994              TAG: 9409090044
SECTION: FRONT                    PAGE: A16  EDITION: FINAL 
TYPE: Editorial 
                                             LENGTH: Medium:   51 lines

LAWN-MOWER CRIME

When David Tillotson of Chesapeake gave thought to what he would do after leaving the Navy, he decided to be his own boss and operate a lawn mower repair business. The story of his travails shows how tough it can be to make a living as a small entrepreneur in America.

Seeing that renting commercial space was very expensive and risky for a start-up business, he decided to buy a home that had room for his proposed enterprise. He also wanted to be close to his young children while he worked.

The previous owner of the property had operated a woodworking business from the same garage where Mr. Tillotson planned on setting up his lawn mower repair shop. And he thought he had gotten the OK from the zoning department when he called about the matter. Chesapeake's zoning ordinance seemed to allow the continued operation of a business on a piece of property where a business had been operating before the zoning ordinance took effect in 1969. Mr. Tillotson obtained a business license and set to work.

But soon a complaint came into the zoning board about a small sign on the property advertising Mr. Tillotson's service. The department investigated and found the business did not conform with zoning regulations. It seems that for the ``grandfather'' clause to apply, the business had to be the same one that was operating at the time the ordinance was passed and not a different one.

Chesapeake's zoning department and neighbors are not at fault for enforcing the laws and wanting to protect their neighborhood. There are plenty of questions that have been raised about the efficacy of zoning, which has often served as an engine of corruption in many communities nationwide as developers seek variances. But residents do put their money down to buy in a certain area with certain characteristics, which they expect the zoning laws to preserve.

Still, it's hard not to feel some sympathy for folks like Mr. Tillotson, who don't have the capital to set up a storefront business. A store, after all, means paying rent, insurance, security, taxes and a separate set of utility bills. And all with no guarantee of success.

Inevitably, folks like Mr. Tillotson get driven into the burgeoning ``underground economy,'' and hope they don't get branded criminals if the wrong people find out. When businesses are thus forced to remain small and unobtrusive the government loses tax revenue and the business expansion that would have led to more jobs being created never happens.

If Americans want their communities to prosper instead of wilt, room must be made for folks like David Tillotson, whose only crime is that he just wants to earn an honest living. by CNB